ML20056G183
| ML20056G183 | |
| Person / Time | |
|---|---|
| Issue date: | 08/25/1993 |
| From: | Kennedy J NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | Vance J VANCE & ASSOCIATES |
| References | |
| REF-WM-109 NUDOCS 9309020209 | |
| Download: ML20056G183 (22) | |
Text
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AUG 2 51993
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UNITED STATES l
j NUCLEAR REGULATORY COMMISSION i
gv wAsmucTon. o c. 2osswooi 1
l Mr. Jene N. Vance l
Vance & Associates, Inc.,
P.O. Box 997 Ruidoso, NM 88345
Dear Mr. Vance:
This letter acknowledges receipt of your July 20, 1993, submittal of thirteen l
(13) non-proprietary and six (6) proprietary copies of the Vance and Associates, Inc. (V&A) " Topical Report for 3R-STAT: A Tc-99 and I-129 Release Analysis Computer Code," and the accompanying affidavit. The Nuclear Regulatory Commission received the submittal on July 27, 1993. The purpose of i
this letter is to provide the results of our review of your affidavit, requesting that proprietary documents be withheld from public disclosure, and the results of our " acceptance review."
With respect to the first item, we reviewed your Topical Report to identify compliance with the requirements of 10 CFR 2.790, " Availability of Official records." Enclosure 1 documents the results of our regulatory review. The material identified in the Topical report as " proprietary" will be withheld i
from public disclosure pursuant to 10 CFR 2.790(b)(5) and Section 103(b) of the Atomic Energy Act of 1954, as amended, as discussed in Enclosure 1.
If there is a need to consider public disclosure of V&A proprietary material, as identified, it is our intention to notify V&A prior to making a disclosure determination. Such a determination would be made in accordance with the procedures and conditions of 10 CFR 9, "Public Records," Subpart A, " Freedom of Information Act Regulations." Lastly, when a final Topical Report is approved or should the proprietary data be employed as part of any license application or any other action identified in 10 CFR 2.790(a), such data shall be transmitted separately and the submittal shall include an application for withholding accompanied by an affidavit meeting the requirements of 10 CFR l
2.790(b). This formal submittal should also include a non-proprietary version of the final Topical Report.
Withholding from public inspection shall not affect the right, if any, of persons properly and directly concerned to inspect the document.
If the need arises, we may send copies of this information to our consultants working in this area. We will, of course, ensure that the consultants have signed the appropriate agreements for handling proprietary information.
See 10 CFR 2.790(b)(6).
If the basis for withholding this information from public inspection should j
change in the future, such that the information could then be made available for public inspection, you should promptly notify the NRC. You should also understand that the NRC may have cause to review this determination in the future, for example, if the scope of a Freedom of Information Act request I
includes your information.
In all review situations, if the NRC needs I
additional information from you or makes a determination adverse to the above, you will be notified in advance of any public disclosure.
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"'Mr. Jene N. Vance,
We hope that the provisions set forth in this letter for control of this material are acceptable to you. forwards, for your information, l
copies of the regulations, addressing the proprietary information, and the review procedure.
I In addition to the proprietary material review, we conducted an acceptance review to determine if the topical report contained sufficient information to proceed with the technical review. We have concluded that the topical report is acceptable for technical review by NRC. However, there are two deficiencies noted with the report.
First, the report does not include the software requirements specification, software design specification, and design documentation as described in V&A quality assurance procedure VA-QA-013.
Although the technical review can be conducted without these documents, the l
review is expected to be more complicated and require more resources than a review that would include these documents.
V&A is requested to inform NRC if V&A will supply these documents or if NRC is to proceed with the source code review absent these documents. V&A is advised that although NRC will begin i
the technical review of the Topical Report, this review will not include the source code portion until V&A has made this determination. Second, the V&A Topical Report does not include a training plan for users of the code. V&A is requested to inform NRC when this plan will be forwarded for NRC review.
i This Topical Report has been assigned Docket Number WM-109. You are requested to use this identifier on all correspondence related to this Topical Report.
j In the near future, we will establish a review schedule and will provide you with a copy of that schedule. Mr. Robert C. Hogg has been assigned as the Project Manage: for the review of this report.
In his absence during the review period, Mr. Robert Nelson will be the Project Manager. Their telephone numbers are (301) 504-2579 and (301) 504-2004, respectively.
If you have any questions, please contact either Mr. Hogg or Mr. Nelson at your convenience.
Sincerely, f
(Original Signed by
)
James E. Kennedy, Acting Chief Low-level Waste Management Branch Division of Low-Level Waste Management and Decommissioning i
Office of Nuclear Material Safety and Safeguards As stated cc (w/out enclosures):
R. H. Sandwina, DOE P. Smith, EG&G See attached for distribution
- See previous concurrence OFC LLWB*
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E (Lih '\\ P NAME RHogg RNelson MPSiemien JKhnedk DATE 8/13/93 8/13/93 8/16/93
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'Mr. Jene N. Vance l i
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3 We hope that the provisions set forth in this letter for control of this material are acceptable to you. forwards, for your information, copies of the regulations, addressing the proprietary information, and the review procedure.
I i
i i
In addition to the proprietary material review, we conducted an acceptance I
review to determine if the topical report contained sufficient information to l
proceed with the technical review. We have concluded that the topical report 3
is acceptable for technical review by NRC. However, there are two deficiencies noted with the report.
First, the report does not include the software requirements specification, software design specification,'and design i
documentation as described in VIA quality assurance procedure VA4QA-013.
Although the technical review can be conducted without these f6cuments, the review is expected to be more complicated and require more yesources than a i
i review that would include these documents. V&A is requested to inform NRC if l
q V&A will supply these documents or if NRC is to proceedAith the source code t
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review absent these documents. V&A is advised that NRC will not begin the 4
review of the source code until V&A has made this det'ermination. Second, the I
j V&A Topical Report does not include a training plan' for users of the code.
I V&A is requested to inform NRC when this plan will be forwarded for NRC
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review.
/
This Topical Report has been assigned Docket'/
i Number WM-109. You are requested j
to use this identifier on all corresponde,nce related to this Topical Report.
l In the near future, we will establish al review schedule and will provide you I
1 with a copy of that schedule. Mr. Rob'ert C. Hogg has been assigned as the l
J Project Manager for the review of this report.
In his absence during the t
review period, Mr. Robert Nelson will be the Project Manager. Their telephone numbers are (301) 504-2579 and (301) SO4-2004, respectively.
If you have any
)
questions, please contact either Mr. Hogg or Mr. Nelson at your convenience.
l
/
/ Sincerely, i
i
/
i j
James E. Kennedy, Acting Chief
/
Low-Level Waste Management Branch Division of Low-Level Waste Management and Decommissioning l
Office of Nuclear Material Safety and Safeguards 3
Enclosures:
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l 1
As stated /
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cc (w/out enclosures):
l R. H. Sandwina, DOE l
j P. Smith, EG&G 1
See attached for distribution i
- See previous concurrence i
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NAME RHogg RNelson MPSiemien JKennedy PLohk DATE 8/13/93 8/13/93 8/16/93
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Mr. Jene N. Vance future, fo example, if the scope of a Freedom of Information Act request includes yo information.
In all review situations, if the NRC needs additional i ormation from you or makes a determination adverse to the above, you will be n{o ified in advance of any public disclosure.
We hope that the rovisions set forth in this letter for control of this material are acce$able to you.
Enclosed (enclosure 2) for your information are copies of the regulations addressing the proprietary information and as
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well as the review p cedure.
j i
In the near future we w 11 establish a review schedule and will provide you withacopyofthatschehle. Mr. Robert C. Hogg has been assigned as the Project Manager for the re\\iew of this report; in his absence during the review period, Mr. Robert N 1 son will be the Project Manager. Their telephone l
numbers are (301) 504-2579 (ang (301) 504-2004, respectively.
If you have any i
questions, please contact either Mr. Hogg er Mr. Nelson at your convenience.
l i
Si erely, i
Paul H.
ohaus, Chief i
Low-Leve Waste Management Branch Division f Low-Level Waste Management s
and Decognissioning l
Office of Ndclear Material Safety and Safegui ds
Enclosures:
As stated cc (w/out enclosures):
j R. H. Sandwina, DOE Distribution: Central File WM-10')
LLWMr/f NMSSr RBangart JAustin JSurmeier Jihoma
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C = COVER E = COVER & ENCLOSURE N = NO COPY \\
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Yes X No Category: Proprietary or CF Only ACNW: Yes X No OIG: Yes No X Delete file after distribution:
Yes X No
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. Jene N. Vance l Mr. obert C. Hogg has been assigned as the Project Manager for the review of this eport; in his absence during the review period, Mr. Robert Nelson will i
I be the Project Manager. Their telephone numbers are (301) 504-2579 and (301) 5 -2004, respectively.
If you have any questions, please contact I
either M Hogg or Mr. Nelson at your convenience.
Sincerely, l
l l
James E. Kennedy, Section Leader Licensing and Coordination Section Low-Level Waste Management Branch Division of low-Level Waste Management i
and Decommissioning Office of Nuclear Material Safety and Safeguards j
Enclosures:
As stated cc (w/out enclosures)-:
R. H. Sandwina, DOE l
Distribution: Central File WM-109 L WMr/f NMSSr/f RBangart WBrach JAustin JSurmeier JThoma PL haus j
k 0FC
{hlVBL LLWB s N' OGC LLWB LLWB l
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NAME bgg RNe[ son MPSiemien \\JKennedy PLohaus DATE S/6/93 b/S/93
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C = COVER E = COVER & ENCLOSURE N = NO COPY PDR: Yes X No Category:
Proprietary r CF Only ACNW: Yes X No OIG:
Yes No X Delete file after distribution.
Yes X No s
i
i REVIEW 0F AFFIDAVIT AND INFORMATION SUBMITTED UNDER PROVISIONS OF 10 CFR 2.790 BY VANCE & ASSOCIATES, INC.
By letter dated July 20, 1993, you submitted, as an enclosure, an affidavit of that date, on behalf of Vance & Associates, Inc. (V&A).
In your affidavit, you requested that the proprietary documents enclosed be withheld from public disclosure, pursuant to Title 10 of the Code of Federal Regulations, Section 2.790 (10 CFR 2.790). The documents covered by your affidavit are:
1.
Topical Report for 3R-STAT: A Tc-99 and 1-129 Release Analysis Computer Code, Volume 1, Main Report and Appendix A, dated July 1993.
2.
Topical Report for 3R-STAT: A Tc-99 and I-129 Release Analysis Computer Code, Volume 2, Appendix B and Appendix C, dated July 1993.
3.
Topical Report for 3R-STAT: A Tc-99 and I-129 Release Analysis Computer Code, Volume 3, Appendix D and Appendix E, dated July 1993.
Six copies of these documents were submitted.
The affidavit forwarded with the proprietary documents stated that the submitted information should be considered exempt from public disclosure for the following reasons:
1.
The 3R-STAT computer code is a unique code being the only code of its kind to perform the functions as identified in the code documentation.
The code structure, analytical models, and methods are considered confidential information that includes company secrets incorporated into the 3R-STAT computer code.
The complete code model descriptions, analytical methods, and structure have always been held in confidence by V&A.
2.
The proprietary information is not available in public sources.
3.
Public disclosure of the proprietary information would cause substantial harm to the competitive position of V&A.
V&A nas made substantial investments in salaries and validation testing to develop and improve the accuracy of the 3R-STAT computer code.
Ccmpetitors of V&A would have great difficulty in duplicating the computer code developed by V&A, because of the unique skills, talents, and expertise of V&A employees and associates who developed the 3R-STAT computer code.
Pursuant to 10 CFR 2.790, NRC may exempt from public disclosure matters that are trade secrets and commercial or financial information obtained from a person and privileged or confidential information.
In deciding whether or not documents should be withheld from public disclosure, it is appropriate to segregate, within a document, the information which should be withheld from the information which should be released. We have carefully reviewed your affidavit and the documents you requested that we withhold from public
l disclosure in accordance with 10 CFR 2.790.
As you recently discussed with Mr. Robert Hogg of my staff, we had questions concerning the proprietary nature of some of the information in these volumes.
1.
Much of the information in Volume 1, Main Report and Appendix A, is repeated verbatim in the non-proprietary submittal.
It is not clear what portions of this volume are considered proprietary. Those portions of Volume I which are not proprietary should be appropriately labeled.
2.
Volume 2, Appendix C is a Users Manual.
Such manuals are considered proprietary only if released under license.
3.
In a similar manner the QA/QC manual will be considered proprietary, only if released under license.
In your recent telephone conversation you agreed to explicit page delineation of proprietary and non-proprietary information in Volume 1 of the Proprietary version of the report.
This delineation is sufficient to accept the material l
with the word proprietary struck from those pages containing only non-proprietary information.
We have concluded that the following documents contain only proprietary information and should be withheld in their entirety from public disclosure:
1.
Volume 2, Appendices B and C.
2.
Volume 3, Appendices D and E.
We have concluded that the following document contains some proprietary information and that information as described above will be withheld from public disclosure:
1.
Volume 1, Main Report, pages as marked.
2.
Volume 1, Appendix A, pages as marked.
Based on this review and the corrections marked in the Topical Report placed in NRC Central Files, staff has determined that the submittal is acceptable under the provisions of 10 CFR 2.790. We will, therefore, treat your
" proprietary" submittal as proprietary information within the provisions of 10 CFR 9.17(a)(4), with the following exceptions:
1.
Other information which is found to be generally available to the public will not be treated as proprietary.
2.
Information which is available, or becomes available, to the goven.iment on an unrestricted basis will thereafter be treated as non-proprietary.
4 2
r 3.
Documentary material requested under the Freedom of Informdtion Act (5 U.S.C. 552) will be reviewed at the time the request is made and a determination will be made on the basis of this review and additional information which may be required to be furnished to NRC in support of Vance and Associates, Inc., proprietary position.
4.
The NRC under a non-disclosure agreement, may disclose this information to licensees and applicants if such disclosure is necessary to assure that the public health and safety is protected.
b 4
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2.7871c).
2.790(a)
PART2 e RULES OF PRACTICE FOR DOMESTIC LICENSING PROCEEDINGS section shall be reviewable by the (d) %ithin ten (10) days after service AVAILABILITY OF OFFICIAL
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Appeal Board for the particular of an application for a stay under this RECORDS fp,',",
ection, any party may file an answer g 2.790 Public inspections, exemptions, "E
I nf hin t e31dm nf the date of the particular actmn in supp rting r opposing the granting of a requests for withholding.
g o
2 accordance with j 2J30.
. stay. Such answer shall be no longer than (a) Subject to the provisions of para-
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E 12) Action under the authonty of R ten (10) pages, esclusive of affidavits, and graphs (b), (d), and (e) of this section, I
f paragraph (b) of this section with 0 should concisely address the matters in final NRC records and documents,
- respect to requests for stays of orders of f paragraph (b)of this section to the extent including but not hmited to correspond-presidmg officers shaft be review able by ; appropriate. No further rephes to answers ence to and from the NRC regarding the the Comnussion. Upon its own monon or aall b niertamed. Filing of and service issuance, derual, amendment, transfer, re-upon a motion filed withm three (3) das s of the date of the particular actinn in I an answer on the other parties shall be newal, modification, suspension, revoca-a;curdante with i 2330.
by the same method, e.g. telegram, mail, tion, or violation of a license, permit, or as the method for filing the application order, or regarding a rule making proceed-b for the stay +
ing subject to this part shall not, in the
{ @ 2.788 Stays of decisions of pres 6 ding
! absence of a compelhng reason for non-officers and Atomic Safety and Licena.
(e) In determming whether to grant or U g
disclosure after a balancing of the inter-ing Appeal boarda pending review, deny an apphcation for a stay, the Com-g 99 g mission, Atomic Safety and Licensing y
~ (a) Within ten (10) days after service Appeal Board, or presidmg officer will nondisclosure and the public interest in disclosure, be exemrt from disclosure and of a decision or action any party to the c nsider:
i will be made available for inspection and I
proceedmg may file an application for a (1) Whether the moving party has copyms in the NRC Public Document g stay of the effectiveness of the decision made a strong showing that it is hkely to Room, except for matters that are:
E Or action pendmg fihng of and a decision prevail on the merits (1)(i) Specifically authorized under y on an appeal or petition for review.
C) Whether the party will be irrepara-Eacept as provided in paragraph (f) of bly truured unless a stay is granted; criteria estabbshed by an Eaccutive order j
to be kept secret in the -interest of this section, such an apphcation may be (3) Whether the granting of a stay filed with the Commission, Atomic would harm other parties, and national defense or foreign policy and
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Safety and Licensmg Appeal Board, or (4) Where the public interest bes.
(ii) are in fact properly classified pursuant
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the presiding officer.
(f) An application to the Commission to such Executive order; j
for a stay of a decision or action by an (2) Related solely to the internal per-j sonnel rules and practices of the Commirr i
(b) An apphcation for a stay shall be Atomic Safety and Licensing Appeal i
no longer than ten (10) pages, exclusive Board will be denied if a stay was not, of affidavits, and shall contain the follow.
but could have been, sought before the mg:
Appeal Board. An apphcation for a stay (1) A concise summary of the deci.$ of a decision or action of a presiding C closure by statute (other than 5 U.S.C.
552(b), provided that such stature (i) re-I sion or action whch is requested to be N officer may be filed before either the b quires that the matters be withheld from l
stayed;
[ Atomic Safety and Licensing Appeal E the public in such a manner as to leave no j
(2) A concise statement of the g Board or the presiding officer, but not g discretion on the issue, or(ii) establishes grounds for stay, with reference to the both at the same time, w p g,
g g factors specified in paragraph (c) of this (g) In eatraordinary cases, where section; prompt arplication is made under this fers to particular types or marters to be withheld.
i O) In the case of an apphcation to section, the Commission, Atomic Safety
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2 the Commission for stay of decisions or and Licensing Appeal Board, or presiding (4) Trade secrets and commercial or l
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k actions by an Atomic Safety and Licens-officer may grant a temporary stay to financial information obtained from a i
l z ing Appeal Board, a statement where preserve the status quo without waiting person and prrvileged or confidential; I
Z (includmg record citation, if available) a for filing of any answer. The application 8
- 5) Interagency or intrangency memo-may be made orally provided the applica* $ ran(dums or letters which would no
)
- stay was requested from the Appeal I
Board and denied. If no such request was tion is promptly confirmed by telegram. E available by law to a party other than an made of the Appeal Board, the applica.
Any party applying under this paragraph agency in litigation with the Commission; tion should state why it could not have shall make all reasonable efforts to in-(6) Personnel and medical files and been made;and form the other parties of the application, similar files, the disclosure of which (4) To the exteist that an application orally il made orally.
would constitute a clearly unwarranted for a stay relies on facts subject to (h) A party may file an application invasion of personal privacy; dispute, appropriate references to the for a stay of a decision or action grantmg e
or denying a stay. As to a decision or {forlaw enforcemeni p record or affidavits by knowledgeable p) Records or in'ormation compiled action of a presiding officer the applica~
persons.
o u o es, but only (c) Service of an application for a stay tion shall be filed with the Atomic Safety 4 to the extent that the prod,4, tion 6.%!.
on the other parties shall be by the same and Licensing Appeal Board. As to a I law enforcement records orinformation.
l
- method, e.g.
telegram, mail, as the decision or action of the Atomic Safety i 01 Could rem orably be expected to i
method for filing the application with the and Licensing Appeal Board the applica-g mic fere voth en%rcement proceedmps:
Commission, Atomic Safety and Licen,.
tion shall be filed with the Commission.
I") h""at depdve a perenn of a right ing Appeal Board, or the presiding of.
In each case the procedures and enteria j
ficer.
of paragraphs 2 788(a)-(c) shall be fol-sesuch records and documents do non
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inciude handwitten notes and dratis.
2-41 November 30,1988 l
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j 2.790(c)
PART 2 e RULES OF PRACTICE FOR DOMESTIC LICENSING PROCEEDINGS
' 7904 al
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- n in..rti,il mbrn. hun %ht to be wnhhdd is properly acquired or duplicated by oth-tr,o he in
,i wbmmed tu the Cummission by another ers.
odi J.
m p,o Co :a o
,,,h b, i s,, we m pen.on 7 be oppht.ition and affidavit (5) If the Commission determmes, M r.s - a of shall be submated at the time of f4hng pursuant to paragraph (bK4) of this o,r r a.
.w the informateon i.uught to be withheld.
section, that the record or document in:L,'py:.o
.,hh be i q.s "J iu The mfxmobon suht to be withheld c ntains trade secrets or pnvileged or yrv mL at dWe the ' W cd a t.eCleil 5 sh H 1.e im upurated. as far as possible, confidential commercial or fmancial in-sourc e mc b tra e P.or im ! or
- into a 9 parnie p..per. The affiant may formation, the Commission will then de-di sgr..te w ch appropriate markmgs f on p,e w s ia....t hur n. or..n h pt, tau - wm on w t i t f 2 -4d
- informat
- un wbnorted in the affidavit as termine (i) whether the nght of the pub-a a trade tecret or tonfidential or he to be fully apprised as to the bases for 4 + on n, o,r !& 4?e md. e srL prmleged wmmerual or fmancial and effects of the proposed action out-
,mI e tu cf a n, ud v ' r a on S
i im.dtoocm: d Lwen! : t ment mfor nahon with.n the meaning of weighs the demonstrated concern for e m M e mm of
- us nel 9 9 U(o)(4) I this t hopter and sach protection of a competitive position and m
z iru.%. tun or by,, enc) irformation shall be subject to (i ) whether the informatmn should bc
- condarur h LwM r "tumi wun%
drdswre ora in accordance with the withheld from pubhc disclosure pursuant prousmns of 5 919 of this chapter.
imel5 nce muste,.%n. & mtion to this paragraph. If the record or docu-e furnM+d bt e confJa M wrw
- (2) A person who submits commercial ment for which withholdmg is sought is (4 m old d.t',
to N 4 s and I* I"" " b " " U' or fmancial mformation believed to be deemed by the Commission to be irrele-P""
vant or unnecessary to the perfortuance i
pnvileged or tonfidential or a trade secret
.t sf irf shall be on notice that it is the policy of of its functions,it shall be returned to the must gotens ur prw atws :f such the Commission to achieve an effective apphcant.
dadowe coJd re,.wwy be c= pected to r4 orr m ente of &c law. or balance between legitimate concerns for (6) Withholdmg from pubhc mspec-lu)Could remnobh be npec&d to protection of competitive positions and tion shall not affect the nght, if any, of endor4rr the L!c or ph ncal play of the right of the public to be fully persons properly and directly concerned ag md:ndual.
apprised as to the bases for and effects of to inspect the document. The Commis-hcensing or rule making actions, and that g sion may require mformation claimed to
- (8) Contained m or related to exam-it is withm the discretion of the Commis-S be a trade secret or pnvileged or confi-dential commercial or financial informa-to withhold such mformation from "E on to be subject to mspection: (i) under ination, operating, or condition reports sioa iisclosure.
ti prepared by, on behalf of. or for the use of an agency responsible for the regia e Commission shall determme I a protective agreement, by contractor l
tion or supervision of finanaal mstitu-
....... the information ;ought to be personnel or government officials other than NRC officials;(til by the presiding tions; or withheld from public disclosure pursuant (9) Geological and geophysical infor-to this paragraph: (i)is a trade secret or officer in a proceedmg; and (iii) under g mation and data, includmg maps, con-confidential or pnvileged commercial or protective order, by parties to a proceed-ing, pending a decision of the Commis-y cernirg wells.
financial mformation; and (ill if so, sion on the matter of whether the infor-(b)(1) A person who proposes that a $ should be withheld from pubbe disclo-
{ document or a part be withheld m whole i sure.
mation should be made pubhcly available w
E or part from pubhc disclosure on the 1 (4) In making the detern..astion re-or when a decision has been made that ground that it contains trade secrets or quired by paragraph (b)(3Xi) of this the mformation should be withheld from prmleged or confidential commercial or section, the Commission will consider:
pubhc disclosure. In camera sessions of fmancial information shall submit an sp-(i) Whether the information has been hearmgs may be held when the informa-plication for withholding accompanied by held in confidence by its owner; tion sought to be withhelf is produced or (ii) Whether the information is of a offered in evidence. If the Commission an affidavit which:
(i) Ident:fies the document or part type customarily held in confidence by subsequently determmes that the infor-sought to be withheld and the position of its owner and whether there is a rational mation should be disclosed, the informa-the person makmr the affidavit, and basis therefor; tion and the transcnpt of such in camera (iiil Whether the information was session will be made pubbcly available.
9i) Cont #ns a full stotement of the transmitted to and received by the Com-(c) If a request for withholding pursu-ant to paragraph (b) of this section is rrasons on the bos,s of which it is m155mn m y3 CD C.f tiarr ed tha the ir%rmen shWd be ether the mformation is avail-denied, the Commission will notify an mthheld fra pMc d4c:enre Such able in public sources; applicant for withholding of the denial statement shJi address w ch spec 6cuy (v) Whether pubhc disclosure of the with a statement of reasons. The notice the rowderations 1.sted in pargraph (bH4) of this stchon In the case of an information n!d in 5- %dthheld is or denial will specify a time, not less than c
- affidaut gubratted by a rn% h itkely to cause substantiG hem to the thirty (30) days after the date of the 3 P W M u.a oe e u tut 3d by an o,ff4cer competitive position cf me owner of the notice, when the document will be placed or upper-leul rr 4ngement off.tiai who information, takits
'.it o account the in the Pubhc Document Room. If, within has bren sM cicJh demgatt d the value f the inf t.- ation to the owner; the time specified in the notice, the fu ction of res wumg the ir.farmution the amount of ef; ert or money, if any, apphcant requests v ithdrawal of the doc-n soght to be wahhdd and authwired to expended by the c rner in devtiopmg the ument, the document will not be placed apph for es mthhold.ng on behalf of the tompor3 The affiduut shall be information; and he ease or difficulty n the Pubh - Document Room and will eucuted b the owncr of the with w hich the : < formation could be be returned to the apphcant: Provided, 3
information. eun thogh the l
2-a 2 November 30,1988 l
l l
w b.
T.
2.790(c) -
, 804(b'
~
PART 2 e RULES OF PRACTICE FOR DOMESTIC LICENSING PROCEEDINGS
^
r That information submitted in a rule ~ (b) A prospective petitioner is section 181 of the Atomic Energy Act of making proceedmg which subsequently enc uraged to confer with the staff pnor 1954, as amended, and may be hmited by order of the Commission.
forms the basis for the fmal rule will not to the filmg of a petition for rulemaking.
Questions regardmg apphcable NRC be withheld from public disclosure by the regulations sought to be amended. the
~ (f) If it is determined by the Execu-
[ Commission and will not be returned to procedures for fahng a petition for tive Director for Operations that the
- the applicant after denial of any applica-- rulemakmg. or requests for a meeting tion for withholding submitted m connec. } with the appropnate NRC staff to petition does not include the information K
tion with that information. If a request
- discuss a petition should be addressed required by paragraph (c) of this section for withholding pursuant to paragraph (b) E to the Director. Division of Rules and and is incomplete, the petitioner will be of this section is granted the Commission ; Rac rds. Office of Administration and notified of that determination and the Resources Management. U.S. Nuclear
- respects in which the petition is deficient will notify the applicant ofits determina-Regulatory Commission. Washington, 3 and will be accorded an opportunity to tion to withhold the mformation from DC 20555. Attention: Chief. Rules and
- submit
_ ublic disclosure.
Procedures Branch. A prospective additional data. Ordinarily this p
~
petitioner may also telephone the
- determination will be made within 30 (d) The followinF irdormation shall be Division of Rules and Records on 301-
- days from the date of receipt of de i
deemed to be commercial or imancial 0% or ToH h on WM2.
petition by the Office of the Secretary of the Commission. If the petitioner does information withm the mearang of not submit additional data to correct the j
l 9.17(a)(4) cf this chapter and shall be (c) f ach petition filed under this sec-subject to disclosure only m accordance tion shall:
deficiency within 90 days from the date with the provisions of j g19 of this (1) Set forth a gencial solution to the of n tincation to the petitioner that the chapter problem or the substance or text of any petition is incomplete, the petition may (1) Correspendence and reports to or proposed regulation or amendment. or be returned to the petitioner without
- from the NRC which contam mformation specify the regul. tion which is to be prejudice to the right of the petitioner to y or recoros concernma a hcensee's or revoked or amended;
_ file a new petition.
appbcant s physical protection o!
E (2) State g mater:al control and accountmg proFram clearly and concisely the
. for special nuclear matenal not
,s ds fu ud hrut h tg) The Director, Division of Rules and Records Office of Administration and otherwise desiFnated as Safetruards the action requested; Resourcea Management, will prepare on Information or classified en National (3) include a statement in support of an a quarterly basis a summary of petitions Secunty Information or Restricted Data. I the petition which shall set forth the % for rulemaking before the Commission, (2)Information subnutted m 2 specific issues involved, the petitioner's = includmg the status of each petition. A confidence to the Commission by a views or arguments with respect to those E copy of the report will be available for foreign source.
~ ssues, relevant technical, scientific or 2 public inspection and copying for a fee
~ other data involved which is reasonably in the Commission s P:blic Document Room.2120 L Street. NW., Washington, F (e) The presiding officer, if any, or available to the petitioner, and such other DC.
. the Commission may, with reference to pertinent information as the petitioner [
E the NRC records and documents made deems neces:,ary to support the action j 2.803 Determination of petition.
h available pursuant to this section, issue sought. In support of its petition, peti-No hearing will be held on the petition t orders consistent with the provisions of tioner should note any specific cases of unless the Commission deems it advisable.
{thit section and $ 2.740(c).
which petitioner is aware where the cut R If the Commission determines that suffi-rent rule is untduly burdensome, defi E cient reason exists,it will publish a notice f
Subpart H-Rule Making eient, or needs to be strengthened-
- of proposed rule making. In any other S $ 2.f 00 Scope of rule making.
(d) The petitioner may request the 4 case, it will deny the petition and will 5 This subpart governs the issuance, Commission to suspend all or any part of notify the petitioner with a simple state-any licensing proceedmg to wh eh the ment of the grounds of denial.
8 amendment and repeal of regulations in h which participation by interested persons t a fo j 2.804 Notice of proposed rule making.
is prescribed under section 553 of title 5 of the United States Code.
- (a) Euept as provided by paragraph (e)If it is determined that the petition Id) of this section, when the Commission Fg 2.801 Initiation of rule making.
includes the information required by pmposn to ahpt. amend. or repeal a paragraph (c) of this section and is
[ regulate it will cause in be published C
Rule making may be initiated by the complete. the Director, Division of Rules ir the rederal Register a notice of 2 Commission at its own instance, on the and Records or designee, wi!! assign a mp sed rulemakmg. unless all persons z
- recommendation of another agency of docket numbee to the petition, will cause $ su ect to the riotice are r.amed and P"
d the Umted States, or on the petition of { the petition to be formally docketed, and *
[se h nf*in te e at any other interested person.
t will deposat a copy of the docaeted crardance with law.
m petition in the Commission's Public l g 2.802 Petition for rule making.
- Document Room. Public comment.nay
{ fb) The notice willinclude:
(a) Any interested person may peti- " be requested by publication of a notice (1) Either the terms or substance of of the docketing of the petitionin the E the proposed rule,.or a specification of c tion the Commission to assue, amend or Faderal Regiatee, or, in appropriate m' the su bjects and issues involved;
- rescind any regulation. The petition casca, may be invited for the first time I (2) The manner and time withm
. should be addressed to the Secretary.
upon publication in the Federal Register
- which interested members of the pubhc
- U.S.
Nuclear Regulatory Commission.
of a proposed rule developed in may comment, and a statement that Washington, D.C.
20555, Attention:
response to the petition. Publication will
_ Chief, Docketmg and Service Branch.
- be limited by the requirements of copies of cominents may be exammed in the Public Document Room; 2.d3 Novernber 30,1988
7 l
/ I c!
t
- T t 2.804(b) PART 2 e RULES OF PRACTICE FOR DOMESTIC LICENSING PROCEEDINGS f
that the Commission mitiate rulemaking
}
(3) The authonty under mhich the g statements, mformanon. opmions. and in a particular area. The Commission l
jil arguments m the martner stated in the will respond to such rulemaking l
regulation is proposed; (4) The time, place, and nature of the g nohee.The Cumnnesion may grant recommendation in wnting within 90 p
$ additional reasontble opportunti) for days, notmg its intent to implement.
public hearmg,if any, nussica of e mments.
(5) If a heanns is to be held, designa- @
study, or defer action on the tion of the presid,ng officer and any
- (b) The Commission may iold in.
recommendation. In the event the Commission decides not to accept or f
- special directions for the conduct of the formal heareigs at which interested per.
decides to defer action on the sons may be heard, adopting procedures H
W hs nasons hearing; and (6) Such explanatory statement as the which in its judgment will best serve the ; recommen afor doing so. Both the ACRS a*
p recommendation and the Commieston's a' Commission may consider appropnate.
u
, m onse d k Mac d M h m (c) The pubhcation or service of no-j 2M hmmen ac@n.
b sc ocum om ng l
tice will be made not less than fifteen The Commission wdl incorporate in lll (15) days pnor to the time fixed for the notice of adoption of a regulation a respeise to the ACRS.
i heanng, if any, unless the Commission for concise general statement of its basis and (b) When a rule invohring nuclear good cause stated in the notice provides Purpose, and will cause the notice and safety matters within the purview of the otherwise.
regulation to be pubbshed in the FED-ACRS is undee development by the NRC i
Staff, the Staff will ensure that the 2 ERAL REGISTER or served upon af.
ACRS is given an opportunity to provide f
te Tim ',em. ar.ii r.omment ter wmcn* wmned m p..ragt.,phs (n).
' fected persons.
advice at appropriate stages and to
[b). and tel of this secten wdl rot be
- l Effective date.
identify issues to be considered during f
required to be appbed-.
EU"
- 8" "U "
- 11) To mterpretatwe rules. general wth spectfy the effective date. Publication.Subpart 1-Special Procedures Applicable statements of policy, or rules of agency or service of the notice and regulation, to Adjudicatory Proceedingsinvoiring l
organisation. procedus or practice. or other than one granting or recogmzing Restricted Data and/or National (2) When the Commission for good cause fmds that notir.e ar i pubhc exemptions or relieving from restrictions, Security Information i
comment are impracticable.
will be made not less than thirty (30)
L unnecessary or contrary to the pubhc days pnor to the cffective date unless the 2.900 Purpose.
mterest. and are not reqmred by statute.
Commission directs otherwise on good This subpart is issued pursuant to This fmdma and the reasons therefor.
cause found and published in the notice section ISI of the Atomic Energy Act of I
l will be incorporated into any rule issued of rule making.
1954, as amended, and section 201 of the l
}
without notice and corrent for good Energy Reorganization Act of 1974, as
(
le) The Commission sho!! provide for 6 2.808 Authority of the Secretary to amended, to provide such procedures in cause a 3 day post prorediaSon comment Rule on Procedural Matters.
proceeding:. subject to this part as will f'
penod for-When briefs, motions or other papers effectively safegeard and prevent disclo-hsted herei:a are submitted to the Com-sure of Restncted Data and National f
(1) Any rule adopted wi%t notre
- and comment under the Food cause mission itself, as opposed to officers who Secunty Information to unsuthorized i
f exception on paragraph (d)f 2) of this have been delegated authonty to act for persons, with minimum impairment of o section where the basis is that notice the Commission, the Secretary or the $ procedural rights.
l l
and comment is impracticable" or Assistant Secretary are authorized to:
- Q 2.901 Scope.
contrary to the public interest.
(a) Prescribe schedules for the filing *r-subject to subpart G.
This subpart apphes to all proceedings (2) Ar:y interpretatwe rde. or general f s stements, infonnation, briefs, in>
statement of policy adapted without 7, tions, responses or other pleadings, where 2.902 Definitiona.
notice and comment under paragraph y such schedules may differ frorn those As used in this subpart.,
(d)(t) of this section. except for those
- elsewhere prescribed in these rules or (a) Government agency means any l
cases for which the Commission fmds where these rules do not presenbe a executive department, commission,inde-that such procedures would serse no pendent e stabbshment, corporation.
l
- schedule, pubhc interest. or would be so (b) Rule on motions for extensions of wholly or partly owned by the United burdensome as to cutweigh any foreseeable gain.
time; States of America, which is an instrumen-If) For any post-promulgation (c) Reject motions, briefs, pleadmgs, tality of the United States, or any board, comments reterved under parag aph (c) and other documents filed with the Com, bureau, divisaon. service, office, officer, of thi. =ection. the Commission shall mission later than the time prescribed by authonty, administration, or other estab-pubbsh a statement in the Federal the Secretary or the Assistant Secretary lishment in the executive branch of the Register contammg an evaluation of the or established by an order, rule, or Government.
sigmficant comments and any resistens regulation of the Commission unless good ib) Interested party" means a party cause is shown for the late filing;and having an interest in the issue or issues to esul o b corr. nts anri e id) Prescribe all procedural arrange.
which particular Restricted Data or %-
evaluation ments relating to any oral argument to be tional Secunty Information is releunt, i 1.906 Participatnantry enteresteg held before the Commission.
Persona.
- E#"#
(a)In all rulemahng prcsaedmgs issue may be determined by exammation i 2 tot Participation try the t.svisory of the notice of hearing, the anseers and a
conducted under the provisions of i 2.804(al the Commission will affard g Cowninee on Reactor Safeguards.
- replies, irW,ed persons an opportunity to E (a)ln its advisory capacity to the participate through the submissmn of g Commission. the ACRS may recommend l
2 44 November 30,1986
\\
UNITED STATES NUCLEAR REGULATORY COMMISSION RULES and REGULATIONS TITLE 10. CHAPTER 1. CODE OF FEDERAL REGULATIONS-ENERGY PART 9
PUBUC RECORDS 9202 Procedure in the esent of a demand Sec.
for records exempt in whole or for produman or d.sclosure.
p203 Precedure where response to demand 9.1 Scope.
in part, a regaared pnar ao race,vuis anseractions.
9.62 Special procedures.
g 9.3 Dettnitions.
DETERMINATIONS AND APPEALS 9204 Pmeedore ki the event of an edverse rulms
- Dn regarsments:
9.65 Access determinations; appeals.
tnt
.o ce w
w m Sid 9.sa u OH B spprovst.
9.66 Determinationi authorizmg or amended [42 U.S C. 2201): sec. 201. 86 Sid Subpart A-Freedom ofInformation Act denying correction of records?
1242. as amended 142 U.S C 56411 Regulations appeals.
Subpart A also issued under 5 U.S.C.
9.67 Statements of disagreement.
552; 31 U.S C. 9701: Pub. L 99-570.
s.c.
9.68 NRC statements of explanation.
Subpart B is also issued under 5 U.S.C.
9.11 Swpe of espart 9.69 Notices of correction or dispute.
552a. Subpart C also issued under 5 9,13 Defmitsons.
e15 Amlabmty ofecerds.
DISCLOSURE TO OTilERS OF U'S C. 552b' 9.17 Agency records enempt from public RECORDS ABOUT INDIVIDUALS I 3.1 Scope sna purpose.
disclosure.
e.12 segry t;on of eompi mforma.e d
9.80 Disclosure of record to persons (a) ubpart implement the deicoon of identifpry; details.
other than the individual t h,3 h,,),*,$'r r r[rds whom it pertains, Information Act. 5 U.S C. 552.
925 inmal disdosure deterrm. mart 9.81 Notices of subpoenas.
concerning the availabihty to the public of Nuclear Regulatory Commission 927 Foem and con.ent of responses.
9.82 Notices of emergency disclosures.
929 Appeal from imtial determir, teort records for inspection and copying.
s at Estension of time for response.
FEES (b) Subpart B implements the 92s search..rmen, ar d sp cial semme 9.85 Fees.
provisions of the Privacy Act of19"4.5 U.S C. 552a. concerning disclosure and 9 34 sessment of ruerast and debt ENFORCEMENT availabihty of certain Nuclear conection.
Regulatory Commiss on records 9 35 Dephr2 tion fees.
9.90 Violations.
maintained on individuals.
er Fees fo secch and rrnem of rao wenrds b NRC personne!
EXEMPTIONS (c) Subpart C implements the 5
o provisions of the Government in the 9 39 Kearch and dupWtion prosed d 9.95 Specific exemptionL N* Sunshine Act. 5 U.S.C. 552b. concerning withoci cbarge't fe+s.
Subpart C-Government in the Sunshine ;E 9 40 Assessment o the ng ussion rneetings to 9 41 Fequests far waner or rauc..on of b
fees.
Act Regulations
- (d) Subpart D describes procedures 9 43 P*ocessmg of requests for a wmcr or 9.100 Scope of subpart governing the production 6f agency reduction of fees-9.101 Definitions records. information, or testimony in a 45 Ar'nna! Report to coves' 9.102 General requirements response to subpoenas or demands of Subpart B-Privacy Act Regulations 9.103 General provisions c urts or other judicial or quasi judicial 9.50 Scope of subpart.
9.104 Closed meetings authorities in State and Federal 9.51 Definitions.
9.105 Commission procedures proceedinga.
PROCEDURES APPLICABLE TO REQUEST 9.106 Persons affected and motions for i 9.3 Dennitions.
BY INDIVIDUALS FOR DiFORMATION, reconsideration AOTSS OR AMENDMENT OF RECORDS 9.107 Public announcement trf commis.
MAINTAINED ABOUT THEM sion meetings of five members or a quorum thereof sitting as a body, as provided by section I'RESENTATION OF kEQUESTS 9.108 Certification, transenpts, record-201 of the Energy Reorganization Act of ings and minutes 1974.
9.52 Types of requests.
9.109 Report to Congress.
" Government agency" means any 9.53 Requests; how and where pre-executive department, military sented.
department, Government corporation.
9.54 Venfication ofidentity ofindivid-Governrnent-controlled cntpormhon or taals making requests.
c'her establishment in the twoutive 9.55 Specification of records.
Subperi c N,,;, Li or D6se4oeurs in branch of the Gosernment (including the 9.56 Accompanying persons.
eponj Demones of Enerutrve Office of the President). or any independent regulatory agency.
NRC PROCEDURES FOR PROCESSING
~NRC" means the Nuclear Regulatory k
REQUESTS m200 Scope of subpart Commission. established by the Energy Reorganization Act of1974.
9.60 Acknowledgment of requests.
" 2"g
~NRC personnel" means employees.
P '
d 9.6 I Procedures for processing requests
- officist, s.unsultants and members of advisory boards. committees. and panels of the 91 November 30,1988
/ )
t 93 PART 9 e PUBLIC RECC/ ADS 9 IS i
NRC; members of boards designated b) created or retamed by the NRC. and can "Repmsentative of the news rnedia" i
the Commission to preside at be retained or drscarded at the aufhofs means a ty person actively gathering l
- dudicatory proceedmps.and offters sole d:scretion, or records of a personal new s for an entity that is orgar.ized and i
or employees of Gosernment agencies.
nature that are not associated with any operated to pubbsh or broadcast news mcludmg mihtari personnel. nWgned to Government business: or to the pubhc. The term " news" means
'[
dcy at the NRC.
(4) Non-substantive information in information that is about current events i
- Working da> s" mean Mando logs or schedulebooks of the Chairman or thct would be of current interest to through Friday. est.ept legal hohdays.
or Commissionen. uncirculated except the public. Exampies of news media for ty ping or recordmg purposes.
entitics include television or radio ie5 interpretations-
"Commerical-use request" means a statior*n broadcasting to the pubhc et j
Escept as specificall> authormed by request made under i 9.23(b) for a use or large.end publishera of periodica!s {bst the Commission in writmg no purpose that furthers the commercial, ontyin those instances when they can interpretation of the meaning of the trade.'or profit interests of the requester quaidy as. dis seminators of " news") who l
regulations in this part by an officer or or the person on whose beh4f the rnde thcar products awilable for employee of the Comrnission other than request is made.
puttbase or suburiptions by the g neral.
a wntien interpretation by the General
" Direct costs" mean the e spenditures pubhc.
Counsel will be recegnized as hinding that an egency incurs in searchmg for
" Review" r~e ans the procen of I
upon the Commission.
and dupbcatmg agency records. For a e umininp ret ords iden&d as l
5 s.e information cos;ection requirements.
commerciabuse request di ece costs rupimswe to a mmmerciabtse re4 quest OMS approvat.
include the expenditures insolved in to det.. imine whether they are esempted i
(a) The NRC has submmed the reviewing records to respond to the from disclosure in whole or m part.-
[
mformation coflection requeements regmt. ured costs indudde salary Also. res iew ihcludes esamining.rceords contained in this part to the Office of f the employee category performing the to doeimine which Freedom of l
Manager,ent and Eudget IOMB) for w rk based on that basic rate of pay Ininrmation Act exemptions are r
approsal es required b) the Paperwork plus 4 percent of that rate to cuter apphcable,identafying records or Reduc
- ion Act of 1930 (44 U.S C. 3501 et nu n'nefits and the cost of operatm, g portions thereof to be disclosed, and seg ). OMB has approved the dupkating machinery.
escis#g from the rewrds. thor.e port.ons l
mformation collection requirements Whcation means the process of which are to be withheld.
-contained m this part under control rnaWg a copy of a record necessary to Search" means all time spent.looking number 3150-0043.
respond to a request made under i 9 23.
for te ords. ciiher by manue wamb or l
t b) The approvedinformation pies may take the form of paper copy E co(llection requirements contained in this o micru c tm. audio-visual meierials. disk,'
vM sng eMng upmer o programs. that respond to a. request 2 part appeat in i19.29,9 41,9.54 9 55. - 2 magnetic tape. or machine rescable l4 int.ludirg a pege-by-p8Fe orline-by line E and 9.202.
f
- [,"j h"u6 F identification of.respooshe information 8
n l
% Subpart A-Freedom of information
' mstitution which operates a program or i
- Act Regulations 2 programatischolarly research.
2-
.Urmsua umstanmI mcan-
{
f 3.11 Scope of sat >part.
Educationalinstitution refers to a (1) The needlo search for and collect
+
Th.is aubpart prescribes prouedures br preschool a public or private the requested records from field making NRC agency records as adable to elementary or secondary school. an facil; ties or other establishments that 6
the public for inspection and copying institution of graduate higher education, are separate from thaeffice processing an nstitution of undergraduate higher the request puest. ant to the provisionsof the Freedom of Information Act 15 LLSC.
education. an institution of professional (2) The need to. search fur. coLct. and i
education,or en institutionof vocational appropriately examine a s pluminous I
552) and provides notice of procedures education, amount of separate and. distinct records I
for obtaming NRC records otherwise
.. Noncommercial scientific institution" which are-demanded in a single request publicly available.This subpart doe,s not j
affect the dissemination or distribution means an ingtitution that is not opera'ed or on a commercial basis. as the term
- 13) The need for consultation. which of NEC-originated, or NFC cor. tractor.
i commercial"is referred to in the will be conducted with all practicable oripnated. ir:farmation to the pubbe under any other NRC pubhc. technical, definition of Nommercial-use request" speed. with another agency hasing a or other informat:on program or polic) and is operated solely for the purpose of substantialinterest in the determination conductmg scientific research, the of the request or among two.or rr re
~
g e.13 Defimtions.
results of which are not intended to components-of the NRC having As used in this subpart, promote any particular product or substantial subject-matter interest-l
- Agene) record"is a record in the industry.
therein.
possessieri and control of the NRCthat
" Office". unless otherwise indnated, j
is associa1ed with Government business.
means all offices. boards panels, and I s.ts Arenatety.of emorde.
Agency record 4 foes not include records adsisorycommittees of the NRC.
The NRC will make available-for-i such as-
" Record" means any book. paper, public inspection and copying ariy I
(1) Publicly avaitable book s.
map. photograph. brochure punch <ard.
reasonably described agency record in i
periodicals. or other pubbt!.afions that magnetic tape, paper tape, sound the possassion and.controlof the NRC are owned or copyrighted by non.
recording pamphlet.shde. motion under the provisions-of'this subpare and Federal sources:
picture, or other documentary mater.at upon request;by any person. Records --
(2) Records solely in the possession regardless of form or charar.turistics.
that the NRC routinely makes publialv and control of NRC contractors:
Record does not indude an object or avallable are described in 193 (3) Personal records in possession of article such as a structure, furn!!ure, a Procedures 4nd~oonditions govermn2 NRC persorrnel that have not been tangible exhibit or model a vehicle. or reques,ts for records are set forth m circulated. were not required to be piece of equipment.
I 9.23.
i l
I November 30,1988 92 1
l
- ~..
1 l
9.17 9.21(d)
PART_9 o PUBLIC _ RECORDS i.
l.
1g Aetney.recoros exempt from punhc disdose guidelines for law enforcement inforrnation is inextricably intertwined.
insestigat;ons or prosecutions if such or is contained in drafts. legal work 1
Ia)The following types of agent:y disclosure could reasonably be es sected pioducts. and records c.us ered by the j
records are esempt from public to risk circumvention of the law or' lawyer-dient privit.ge. or is otheswiss f
y disclosure under 5 9.15; (si) Could reasonably be espected to esempt from discsure.
1
- 11) RecordsS). whir.h are specifically endanger the life or phy sical safct3 of.
E 9.21 Publicty av6tlatte records.
4 authorized under cnteria established.by any. individual;.
an Executive order to be kept secret in (a) Matters contained m or related to a (a) Public!y.available records of NRC.
the interest of national defense or esamination. uperatici;. or condition
, ctivities described in paragraphs (c) foreign policy, and'[tij whim. are in fact reports prepared by. on behat! of. or for g at:d (d) of this section are available i
properly class;fiedpursuant to such the use of any. agency responsible for
- through the Natior.alTechnical l
the regulation or supervision of fir:ancial e Information Service. Subscriptions to Executive order; institutions; or
[ these records are available on 48x j
^(2) RecosdI related tutely tu 11 e i
microfiche and.may be ordered from the
)
internal porno ine) ndes and prm t ces of (91 Cevouw! am! pa;ihn: el a
~
'nioinwtimi and dra. hc! eda mups.
N..tional Technical InformMmn Sers ice.
the a;:ency:
(3) Renu-ds spwif a at.s ese r;&d cuncem n; wWis.
! m Port Royal Road Sprir';: field. VA 1
hom disdusere hs rte ute (utM th n 5 fbl Wh-n.m the. spct umius 22101. Sincie copics of NRC pubhcatmns 13 S C. Sr.b). pro 6ded tha! such
- iti.holin:: :;f inim maaaa e i 4 ing in the N1TEG series. NRC Regulatory 1
n the asaLhi ity of recprds to the public Guides, and Standard Resiew Plans are J
sta ta:e-it) Requi:es that the metie s be except a5 SPecificall prosided m this also os ai!able from the National F
withheld from the puhu in t.uch a p rt. nor is this subpart authont3 to Jechnical Information Service.
j
)
manr er as to lease nu dn. car;.un un the withhold info mation fiom Congress.
issue. or (c) Wht nes er a request is made which (b) For the convenience of persons j
fii) Estabbshes Hn;cular critena for insches access to egency reconis w ho may wish to inspect without charge withhold.ng m refers to particular types descr; bed in paragwph (e)(7) of t is or purt base copies of a record or a f
h mtion. the NRC may. during only such - c, hmited category of records for a fee.
of maners to be witVeld.
H) Trade se rets and conirne it:a! or t%e as that Urcumstance contiriues.
~ pulilicly available records of the NRC s h activities described in paragraph (c) of i
fmar.cial it.formanon obtained fun a treat the reec: tis as not s.sbject to the permn end pridleg-d ur twAdantial.
te*;uirememts of this subpart when-E this iection are also made available at (5)In5eregency or intraugent y (1) The investigation or proc-eding g the NRC Public Document Room. The i
NRC Public Document Room is located j
4 memeendums or letters whah would msohen a possible siotation of criminal at 2120 L Street NW., Washington. DC.
l not be au:ilable by law to a parte other.. few:and
- than on ageno in hnigation with the 4
(2} There is reason to beliere that -
and 4 open between 7:45 a.m. and 4:15 o
p m-on Monday thronFh Friday. esrept (i)The subject of the investigation or dFency proceeding is not aw are of its pendency:
Jgal holidays.
l E
- 16) Ferwnnel and medical files.and 5
i g simild filessthe disclosure of which
~ and (c)Ths following records of NRC wrned constitute a clearfy unwarranted (ii) Disclosure of'the esistence of the 8i tars are pubbcly available at the j
ins aston.cf personal pnvacy:
records could reasonably be expected to NRC Public Document Room for public j
(7) Records of information compiled interfere with enforcement proceedings.
s inspection and copying:.
f for law enforcement purposes, but only to the extent that the production of f 9.19 segregation of erempt iritermation (1) Final opinions includmg concurnna ano deletion of identifyhg details.
and dissenting opinions as we!! as l
such. law enforcement tecords or orders of the NRCissued as a resuh of f
information-(a) For records required'to be made ad udication of cases:
li) Could reasonably be expected'tu as anlable under 5.U.S c. 552(b):2), the.
t interfere with enforcement proceedings:
NRC shall delete the narne with any-(2l St.tements of pobey and f
(ii) Would deprive a person of a right identifying details,if the release of the interpretations which have been 3
J
'o a fair :-ial or an impartial name or other identif.Hng details of. or adopted by the NRC and have nos been j
adiodication; relating to. a pnvate party will publir hed in the Federal Register:
(iii) Could reasonably by espected to constitute a c!carly unwarranted idl Nuclear Regulatory Commissmn j
constitute an unwarranted invasion of invasion of personal privacy. The NRC rules and regulations:
personal pns acy; shall provide notification that names of (4) Nuclear Regv! story Comma aun mnual ar.d mstructions to N!M.
(iv) Could reasonably be expected to panies and certain other identifying details have been removed in order to R personnel that affect any rnember of the disclose theidentity of a confidential source. including a State. local, or-prevent a clearly unv.-a:Tanted'.nvasion 2 public; foreign egency or~ authority, or-any of the personal privacy of the.
E ms(5) Records made available for pu pection and copying under this
- individuals involved.
prisate ir:stitution which furnished Di che.pter and the NRC Manual (NRC informaten on a confidential basis, and.
(b)In respondir g to a request for Bulletin 3203-15 describes the "NRC in the case of a record or information infonnation submitted under 1923. in pohcy for Routinely Making NRC which it has been detennined to compiled by a enminallaw enforcement Ret.ntds Publicly Available-).
authority in the course of a criminal withhold exempt information..the NRC
- 16) Current indexes to records made msestigation orby an agency sha!! segrqate-
- *"ilable under 5 U.S,C. 552!all2) and conducting a lawful national security (1)Information that is esempt from.
are m d p y aa intelltence investiga tion, information public disclosure under i 9M(a) from p
j furnished by a confidential source:
nonexempt information: and Documents Made Publicly Asailable..
(vl Would disclose techniques and (2) Factualinformation from aduce, which is published month procedures for law enforcement opinions. and'recommendationsrin ins estigations or prosectitions, or w ould.
predecisional records unless the under paragrap s (c) 1) (2) er d ($1 of this section are also available for i
purchase through the National Techn. cal j
information Service.
s j
9-3 November 30,1988 i
i
t,
1 l
9.23 l
PART 9 o PUBLIC RECORDS 9~25(c g l
(~{ 9.23 Requests for recorcs.
[ additionalinformation regardmg the responsive to the request and compile i
h rec!a)(1) A person may request access to L personnelin order to clarify the request.
initial disclosure determination under f request or meet with appropriate NRC those agenc3 records to be reviewed for ords routirdj reade asailable by the d 'NRC under !WJ a person or in writing
- (3) Upon receipt of a request made ii 9.25 and 9 27.
l
}
h at the NRC f whbocument Room. 2100 under porograph (b) of this section, the LL Street NW.. Washington. DC 2055F ~
NRC shallproside written notification I
to the requester that indicates the (a) The head of the responsible office
~ (il Each record requested must be request has been received, the name of shall res iew agency records located in a described m sufficient detail to enable the individual a.nd telephone number to search under i 9 23(b) to determme l
the Pubhc Document Room to locate the contact to find out the status of the whether the agency records are exempt j
record. If the descript,on of the record is request. and other pertinent matters from disclosure under i 917(a). If the i
not sufficient to allow the Pubhc regard <r.g the processing of the request.
head of the office determines that.,
Document Room staff to identify the (4) (i) The NRC shall advise a ehr.qh exempt. the disdm.a. of the secord. the Pubhc Document Room shall requester that fees will be assessed if-ocm rp mds v.dl rmt be < ontrar) ta o
uduse the requested to select the rdd (A) A mymt i Ju+ anticipated um Nblu wnat ord n d n.H ef'eu tha
~
~
i
? from the indexr+ published under costs in ncess of the rnin.rr.um tpeafsed oh of an3, esor.. th h d of tg j
19 21(c)t6) in ! 9 39. and "N
- mM duiWe 'N Ne CI12e 2
(ii)in order to obtam copies of records (B) St. rch cad duphcotion is not
@) '"'ords !! tr e had u! the ofhce
- expeditiousiv. a person may open an provided without cho:ge under i 9.39. or wriers d w,owce of the ageocy l
a r
l account at the Pubbe Document Room (C) The requester does not specificolh prmds. the he.J uf the offi;.e shoi!
l with the prisate contracting fem that is state that the rest ms oh ed is
.enish the agency rercrus to the
~~
l responsible for dupbcatmg NRC records.
6ct eptable or ar ceptable up to a Duector. Division of Freedom of (2) A person may also order rerords specified hmit.
Information and Publicitions Services i
routinely rnade available by the NRC f u) The NRC has discretwn to "ho shall notify the reques:er of the i
under i 9 21 from the National Technical discontinue processing for records
'k""M"n m the menerprovided m i
Information Service. 5265 Port Royal responsh e to a request made under this t 9 27 Road. Springfield. Virginia. 22161.
par.gaph (b) until-ibj Fm pt as prouded :r. pa:npoh l
} (b) A person ma) request agency
( A) A required adomte pay ment has kl of th.s ser.t.on, if as a result o the r
I records by sulmttmg a request -
e bm waned.
ics eew speufid in pavgraph (al of tms
{
authon7ed by 5 lt.S C. 5;2(a)(3) to the (B) The requester has agreed to bear seman. the head of the respoesible
,,, office finds that agenc.s rete-ds should Director. Division of Freedom oy
. t e estimated costs:
Information anif Publications Services (C) A determmotion has been made g be den;ed a who!E or in part, the head o
Ofhee of Aomnntration and Resources g on a request for waiser r reduction of E f the oTre wW symit that fndig to Wracement. ll S Nuclear Regulatory fees.or 2 )he D: rector. Division of F,reedom of t
iif rmation and Publications Scrytces.
Comm:suon. Udnreton. DC 20555.
(D) The requester meets the e
The request rnust be in wntmg and regmrements of i 9.39 who will, m consuitation veth c!carlv st,te on the ens elope and in the (c!If a rec,uested agency record that the Ofa,ce of the General Counse!. rnake letter'that it is a ~ Freedom of has been reasonably destnbed is an indeperdert dete nination whether Information Act request." The NRC does I cated at a place other than the NRC the agency records should be den.ed in not consider a request as receised until Pubhc Docurnent Room or NRC w hnie or m part if the Drector. Division at has been recened and logged in by headquarters. the NRC may. at its of f reedom of Information and j
the Direrfor. Dnis. ion of Rules and d'scretion. make the record available for Publications Services determines that Records. Ofhte of Administration and inspection and copying at the other the agency records sought ce exe npt Resources Management.
location.
from d selosure and da.citsu:e of the (1) A Freedom ofinformation request (d) Except as provided m i 9.39-records is contrary to the public interest cos ers only agency records that are in (111f the record requested under end will adverse!3 affect the ryhts of eUntence on the date the Director.
paragraph (b) of this section is a record any person, the D. rector. Diyision of g Division of Fnedom cfInfonnation snd asallable through the National Freedom ofInformation and Publications g Publications ServicesTreceives Tednn: Informotion Senice. the NRC hrvices sha! not:fy the reques'. A request does not cove,
>nall refer the requester to the National requster of N deterr-ia cc.n m the apenrv records destroyed or discarded Technics!!nformation Service; and monner prodded in ( 3 2
before receipt o'a request or which are (2)If the requested record has been (c) For agency records lucain; m the created aher the date of the request.
placed in the NRC Public Document afhce of a Commissmne or m the Offae (2) All Freedom of Information Act R om under i 9 21. the NRC may inform of the Secretary of the Co n:rnssion. the regnests for cop:es of agency records the requester that the record is in the Assistant Secrt tary of the Co:nmission must reasonabh desenbe the agency PDP and that the record may be shall make the irutial determination to records sought in sufhcient detail to obtamed in accordance with the deny agency records in whole or in part permH the NRC to identify the requested procedures set furth in paragraph (a) of under i 9 pia)instead of the Director, requester should provide specific
~this section.
Division of Freedom ofInformation and agency records. Where possible the Publications Services For e
ct r.
s n i b.eed m information regardmg dates titles docket numbers. fde designations.'and nh,rm en nd Pubkitwns Services agency reco-da located i1 the Offire of the General Counsel. the General other information which may help shall promptly forward a Counsel shall make the initial edentify the agency records if a g Freedom ofInformation Act request de'ermination to deny agency records in E made under [ 9.23(b) for an agency wi
'e or in part instead of the Diiector.
j requested agency record is not rec rd which is not publicly available in described m sufhcient detail to perrat its identihta tion. the Director. Divi %n the NRC Public Docu:nent Room under Dn son of Freedom of information and cc u-Putmcations Services.
If the of Freedom of Irdon~natioiand 2 6121 to the xad of the ofLce primarily
~
~
Assistant Secretary of the Commission Pubbcations Semces. shall inform the concerned with the records requested or the General Counsel determines that requester of the deficiency within to and to the General Counsel. as the agency records sought are exempt workng days after receipt of the request appropriate. The responsible office will from d.rlosure and that their disclosure and ask the requester to submit c nduct a search for the agency records is contrary to the public interest and will adversely affect the rights of any person, knuary 31,1989 9-4 h Aumant Secretary ne
7 PART 9 o PUBLIC RECORDS l Commission or the General Counsel information and Publications Services Q (c)(1)1f the appeal of the denial of the shall furmsh that determination to the
. shell notify the requester in g request for agency records is upheld in w
Director. Division of Freedom of writing, The denial inclodes as
- whole or in part, the Executive Director informatic,n and Publications Services a ppr cpria te-E or Operations or a Deputy Executive f
g who shall notJy the requester of the (1) The reason for the denial; E Director, or the Secretary of the w
2 determination in the manner provided in (2) A referente to the specific 3 Commission shall notif> the requester of L g 9.r.
exemption under the Freedom of
[the denial, specif>ing-
~ (d)lf a requested record that is 1 I rmati n Act and the Commission's located is one of another Government regulations'authorizins the wqhholding (i) The exemptions relied upon.
g a8ency or deals with subjtet matter over i the agency record or portions.of'it:
- (ii) An explanation ofhow the which an agency other than the KRC (3) The name and title or position of
, exemption applies to the agency records.
has exclusive or primary responsibility, each person responsible for the denial of a withheld, and the request. including the head of the (iii) The reasons for asserting the g the NRC shall promptly refer the record office recommending denial of a record. I exemption.
- to that Gose
- nment agency for (4) A statement statingwhy the
~
de,msihon us for guidant,e regarding request'does normeet the requirements
> (2)1f. on appeal. the denial of a 2
).
motkrg da perod f:e of 19 41 if the request is for a waiver or request for waiver or reduction of fees nsponse to e requeM far e;er.c. re.ords E re cunu ees an 8
8 c
e uph Id wo 1
h p.upded in paragraphs (al. (b) ed (c) $
of tras section may be extended for appen e wdh;n 30 d,as from 6e receipt Executive Director for Operations or a unusual circumstaries as pros ded m of the den;al to the Dkcutisc Director Deputy Secutive Director shall notify br Oprat.ons or to the Secretary of the the person making the request of his Comrmssion. as appropriate, decision to sustain the denial including
~
(f) ln eueptional urnstar.: es It ) The Director. Division of Freedom of a statement explaining why the request w here is daes not appear possh to informatiin7nd Publications Scr ices does not meet the requirements of i 9.41.
e omplete acnon on a reque it w re.a the shall mainia n a copv of each D)The Executive Director for e> m r wrum ::0 m oirg-da31:mit.3 letter grantmg or denying requested Operations. or a Deputy Executive prouded in i 9 31 the Di-mor. Division ennc3 records or denying a request for d Director.or the Secretary of the woiser m redaction of fees in g Commission shallinfortn the requester of Freedom of Inferiration and E Publications SE5ces me3 rs on
..ndance w.th the NRC E that the dentalis a final agency action 2.gr-mni with the n y estur 10:
Cmptrbensis e Receds Disposihon and that judicial review is available in a a
g district court of the United States in the speufed edenmon of t.me m wh...N in
' hedole' 4
act upon th-request.The NRC sbli district in which the requester resides or confirm the agreement far an euen9on has a principal place of businesse in of time m wru:;.
which the agency records are situated.
T 1929 A; mea
- from metta: determmattorL or in the District of Columbia.
[g)!! the NRC does not respund to a fa) A regeester mg appeal a notice of (d)The Executive Director for request withm the 10 worung day denial of a F:eedom of Inforroation Ac.
Operations, or a Deputy Executive perivi or within the estended periods k descnbed in paragraph (e) of this
,equest fer agency records or a reques, Director, or the Secretary of the
!cr waiur or reduction of fees under
.Cornmis. sion shall furnish copies of a_Il S sa:. tion. tf e requester rrmy treat that i is subpart within 30 days of the date appeals and written determination on t
E dvay as a dema! requc*t and of the NpC's denial. For agency records appeals to the Director.Davision of g immediately appeal to the E=ecutise danied b3 an Off ce Director reporting to Freedom of Information and DLettor for Operatons ss prot iJed in the Esecutive Director for Operations or Publications Services.
! 9Ma) or sue in a dat ict cort s for a deruel of a regaest for a wener or
_noted in I 93f C)-
rF dertion of fees. the appeal rnust be in
~
gSM Dtension of tame for response.
i e 27 Form and content of respoes s.
momg and andressed to the Esecutne la)in unusual circumstances dehned la) When the NRC has located a mctor or Opuutions. ES. @c ear in i 913. the NRC mav estend the time Co o
s o
req _eerd agency record ar.d has
{ DC F
pd'by limits prescribed in l'925 or i 909 by demwned to esclose t.c eyng m r rJ. the D rector. Division of Freedom ;* an Office Deector reporting to the not more than 10 working days. The Commission. the Assstant Secretary of estension may be made by written of Information an_d PJucations Services $ the Corsm4s on.cr by the Aduery nonce to the person making the request snail pmn;pt:y furnish the Cowtiee %n.,en.ent Olfg er. the to explam the reasons for the extension eg pry teroid or notify the req.,+ ster appeel mest be in writmg and adurmed and mdicate the date on which a wfare and when the agency record will to the Secretary of the Commnsmn The de*erminatmn is expected to be be svadable for inspection and ecppng.
appeal should cienr!y state on the da pa tched.
The NRC wHl norma!1y place cep;es of envelope and m the letter that it is an (b) An extension of the time lirmts agency reords disclosed in ter:3unse to
" Appeal from Imtial FO1A Decisiony prew ribed in il 9 25 ond 9 29 may not Freedam of Information Ac! rey:.ests in the h RC Pubhc Document Roam ani for The NRC does not consider an appeal e u ced a combined intal of 10 working that is not marked as indicated :n this days per request.
pmgraph as &cened untilit is actuaHy g g,33 s,,,ch, renew. and special serece u ar o rfa i tF.i te received bv tLe Executive Director for Pub.. Document Room establ+hed for e,,,~
ac Operationi or Secretary of the Commission.
(a arges fedr-that facility.The NRC shs!! alsa advise the requester of any appbcable fees under i 9.3a.
(b) The NRC sha!! make determmation l1) Search, duplication. and review.
(b) When the NRC demes accers to a on any appeal made under this sectson
""
- F"'I "'" * "I' 9 "
requested agency record or demts a withm 20 working days after the receipt request for a waiver or reduction of fees.
of the appeal.
the Director. Division oTErHom of 95 March 31,1989
f e
PART 9 o PUBLIC RECORDS r
(2) Dupbcation of agency records (D) Photographic process-$7.00 per proceedmgs. which we transcribed by a provided in encess of 100 pages when square foot for large documents or reporimg firm under contract with the agency records are not sought for engineering drawings (random size NRC ducctly from the seporting firm at commercial use and the request is made eucedme 24 inches in width up to a the cost of refroduction as provided for by an educational or noncommercial maximum size of 42 inches in length) full in the contract with the reporting farm. A scientif c institution. or a representatis e size only.
requester may also purchase transcripts of the news media:
(ii) Sia cents per page for microform to from the NRC at the cost of reproduction (3) Search and dupbcation of agency paper copy, cuept for engineering as set out in paragraphs (a) and (b) of records in escess of 100F6Fes for any drawings and any other records larger this section.
request not described in paragraphs (a) than 17 x 11 inches for which the charge (d) Copyrighted material may not be (1) and (2) of this section:
is S125 per square foot or $3.00 for a reproduced in violation of the copyright (4) The direct costs of searchmg for reduced. size print (18 x 24 inches).
laws.
agency records. The NRC wdl assess
,(iii) One dollar per mocrofiche to (c) Charges for the duplication of NRC fees esen when no agency records are microfiche.
records located in NRC Local Pubhc located as a result of the search or when (iv) One dollar per aperture card to Docuruent Rooms are those costs that agency records that are located as a aperture card.
the institutions maintaining the NRC result of the search are not disclosed:
(2) Self+crs ice, coin-opera ted.
Local Pubhc Document Room collections and dupbcating machines are available at estcbbsh (5) Computer searches which include the PDR for the use of the pubhc. Paper the cost of operating the Central to paper is Sato per page. Microform to I 8 37 F$ 'O' search and review of Processing Unit for that portion of paper is $0.10 per page on the reader 89'"'Y 'ecords t>y ec personnet.
operatir g time that is directly prmiers:
The NRC shall charge the following attributable to searching for agency (3) A requester rnay subnht mail-order hourly rates for search and review of records plus the operator / programmer requests foi contractor duplication of agency records by NRC personnel:
salarj spportionable to the search.
NRC records made by writing,to the (a) Clerical search, review, and Ib!The NRC may charge requesters NRC Pubhc Document Room.The duphcation at a salary rate that is who request the follommg seruces fu, charges for snaa-order duplication of equindent to a GGp. Step 5 plus 16 the deect cosu. of the struce.
records are the same as those set out in percent fringe benefits:
D) Certifung that records are true Par. graph (alm) of th.s sectmn. pluI y res(b) Professional / managerial search.
o h eo;>ies,or
{ maihng or sbppmg i t arpes.
icw. and duplication at a salary rate
?
(2) Sendmg records b special HI A requester rna) open an m < ount
- that is equn. dent to a GG-1J. Step 5 3
aith the dephu.tmg sets ice contrm for
$ phs 16 percent frmge benefits: and methods. sur h as express mad. paa Lage x
e i dela er) sen ice, etc.
7 A requester mas obtam the name and g
b.) henior esecuta e or Cornr ma.umer address and bimng pohc3 of the wrth. rr sw and daphtation at a e
e
) 9.34 Assess nent of interest and det>t
< ontractor from the NRC Pubhc s da") rate that is : qun ah ni to an ES-3 Due ument Room.
plus 16 pe4u nt h mge her ehts.
(a) The NI!C shall amss interest on (5) Any changt m the costs speuhed the it e emount biMed rturt ng on the 31st in this sE t-n wt!! bn ome effective E '* " " E' day fum.w eeg the da3 or which the enmediatch pennhng mmpletion of the Inthng was sent in at cordance with Comrn%oh rulemakm; that amends (a) The NRC shall sear < h for agency NRC's regubbons set out in i 15 37 of rds regaes'ed under i 923(b).
wr thn secuon to reflect the new t harges.
th:s chapter Interest is at the rate The Commi,sion shah post the t Larges w 'thout c harges w hen agency records prescribed m 21 U.S C. 3n7.
that WH be in i Th tt for the merim se M so@t for commercial nac and (b) The NRC wiH use its debt pc.iod m the Pubhc Docume nt Room.
6e vt rds are requested by an onDettion procedures under Part 15 of The Comrmion shall complete the d"" *"*I* " "C *"#CI*I*"'"hIiC
_ this chapter h c any oserdue fees rulemaking nersuar) to ti flect the new in w uh m a a representaine of the F ) 9.35 Duphcation fees.
tp.avges withm 15 worhng dap imm the news rnedia beg nn ny of the interim permd.
b) The NRC sha!! search for aEencF g
(a)(1J Charges for the duphta' ion of records requested under i 923(b) i
- % records made asadable u der ) 921 at
"#55 O' the NRC Pubhc Document Room. 2120 L oHommg thagn for r opics of record" w Mhout charges for the first two hours I be duphcated by the NRC at location" of search for any request not sought for E Sueet. NW %shington. DC 2n555 by 2 the dupUrating sernce rontractor are ar.
other than the NRC Public Document
< ommercial use and not covered in gg Roorn lou. sed m hhington DC or at paragraph (a) of this section.
]
lot.o P..bbc Dia ument Re. oms:
(c) The NRC shall duplicate agency I
records requested under 1923(b)
(i) Sis ter.ts per page for paper copv 6@P sM
"* me wAhout churre for the first 100 pages of to paper copt escept for engineering' W
e uadad papn c5es. w equMM
'y' drawings and any other records large r PdFes m mmfiche, cornputer. disks.
than 77 m 11 mehes for which the darp for dupotating records etc., if the requester is not a commercial-er than mow specihed in paragraphs use requester.
o
, charges van as fotons dependmg on cr the repr. dultion process that is used M and Ib1 is compated on the basis of b!) The NRC may not bill any 3
( Al Xerogra;, hic ; ror ess-51.50 per seeester for fees if the cost of coHetting red < om square foot for large documents or U II"'"M"w uh tb rnh rol the fee would be equal to or greater than erpneerir g drawings (rundom size up to
^O ".or) Comrmttee At t. a requester the fee tself.
24 inches in width und mth sariable mas purchase opics of transcripts of
. (c) The NRC may aggregate revests length) red.n ed or full size.
kshnwn) in NRC Adiisory Committee m deterrainer scarth and duphuion to l
November 30,1988 96
\\
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PART 9 o P'UBLIC RECORDS e
l Commission or the General Counsel information and Publications Scryices (b) The NRC shall make determmanoo shall furnish that determination to the
, shall notify the requester in on any appeal made under this section Director. Division _of Freedom cf writmg. The denialincludes as withm 20 working days after the receipt 1
~
nformation and Publications Services appropriate-of the appeal.
E (who shall notify the requester of the 111 The reason for the denial; (c)(1)If the appeal of the demal of the 3 determination in the manner provided in (2) A referente to the specific request for egency records is upheld in L i 9.25.
exemption under the Freedom of whole or in part. the Executive D: rector infonnati n Act and the Commission's for Operations or the Secretary of'the
[d)If a requested record that is regulations' authorizing the withF oldmg Commission shall notify the requester of
~~
located is ene of another Gosermrent f the agency record or.porbons.ofit:
the denial, specifying-agency or deals with subject matter o er (3) The name and title or positwn of (i) The exemptions relied upom which an a8ency other than the NRC each person responsible for the denial of lii) An explanation of how the has exclusive or primary responsibiIity the request, including the head of the -
exemption applies to the agency records the NRC shall promptly te er the recor office recommending denial of a record; withheld; and
- to fr.mt Gosernment seency for (4) A statement stating why the
( til The reasons for asserting the desition: of for guid4nce reyjmg 7,quegg does not meet the requirement $
exemption.
g (2)If, or(appeal, the denial of a b w orki:g h pe~o.:f.e of [ 9 41 if the reque-st is for a w aiver or o
e response to a requeg IM eger.c. re_ords { reductson of fe es;imd
- request for waiver or reductmn of fees p) A sterns that 15e de n~1 may bc for locating and reproducing agency p.ouded m paragraphs (nl. (bl ed !c) 3,ppMed w
- thm 30 dm,5 from the receipt ; records is upheld in whole or in part of this srctmn rnay be extended for.
m unusual ci cumstances as prut.drd m of the demal to the Executisc D. rector y Executive Director for Operations shall far 0;+ratens or to the Se:.retary of the notify the person making the request of
-g g.33, Ccmmission, as appropriate.
hi, decinon to sustain the denial.
lf) In esceptional ciret.mstara es k) The D: rector. Division of Freedom of im hahng a statement explaining wby
}here is does not appur poss% to information and Publications Services the request does not meet the w
c omplete ae'.on on a nNuest tuin the sball mainum a copy oTa_eich requiiements of k 9.41.
rm umum 20 workmg. day 1:rmt ar-1rtter g:animg or denymg requested pl The Executive Director for p oGded in [ 9.31. the Demor. Division ne ncs records or denvir F a reuuest for Operatens or Secretary of the of Freedom of Monnation and win ei or iedaction of fees in Com.nission shallinform the requester E Publications Semees me u3 on umdance w.tn the NRC that the denialis a final agency action G orment with the req estor for a Cmpwher. sac Reto ds Dispo6ition and that judicial review is available in a spec:fied extens:on of tar.c m wh.ch to S. Ledi.le.
district court of the United States in the act upon the request.The NRC shMI district m which the requester te sides or conf:rm the agree:nent for an cuer sion ha a principal place of busmess. m
~
uf time in wreg.
which the agency records are situated.
or in the District of Columba
- (g)1f the NRC does not respund to a (a) A revester may appeal a notice of request within the 10-workinF-day denial ci a F:eedom of Inforrr stion Act h (d) Tie Executive Director for perivi orythin the e Atended periods request fer agenc> records or a request
" Operations or Secretary of the m
g described m paragraph (e) of this far waiser or reduction of fees under Commission shall furnish copics of all section. the requester may treat that this subpartuithm andays of the date g de'ay as a denial request and of the NFC's denish For agency records E a prals and wntten determinations on appeals to the Director. Division of g immelstely appeal to the Esecutise denied by an Office Director reporting to g Freedom ~of Information and Pubhcationn Dnector for Operations as provided in the Executive Director for Operations or i 9 29;a) or sue in a distnet court as for a deruel of a reqwst for a waster or
_noted in i 920(c).
reduction of fees. the appeal must be in "i sm tutension of t.me for response.
o a a l El 9.27 Form and content of responset (alIn unusual circumstances defmed y
0 5 ' e i
I" 5 9.13. the NRC may extend the time (a) When the NRC has located a.
Regulato y Commimon. Washington.
2 regasted spenry record and has N DC'20555 For agency recortis denied by hmits presenbed in i 9 25 or i 9 "l9 by an Office Director reporting to the not more than 10 working days.The demr nmed to cisclose the egeng extensi n may be made by written remr) the Director. Division of Freedom Commission.the Assistant Secretarv of of Information and Publications Services the Commwon.cr by the Aduseg notice to the person making the request t explain the reasons for the extension shall pmtr;pt:y farnish the Cunit.ee Managerc.ent Offaer. the and indicate the date on which a eguery record or notify the requester appeal mest be in writmg and addremd de'ermination is expected to be where and when the agency rect.,rd will to the Secretary of the Commission The dispatched.
be available for inspection and ecpying.
appeal should cienr!y state on the The NRC will normally place cepies of envelope and in the letter that it is an (b) An extension of the time hmits anency records disclosed in response to
" Appeal from initial FO!A Decision."
prescribed in il 9.25 snd 9.29 may not enreed a combined total of 10 working 1
Freedom of Information Act requests in The NRC does not consider an appeal the NRC Pubhc Document Roam and, for that is not mar}ed as indicated m this days per request.
u.
3 agency records rdating to a specif,ic pragraph as received untilit is actual! -
g e.33 searcts. review, and special service F
nuclear power facility, an the Loca*
received by the Executive Director for tees.
Public Document Room established for Operations or Secretary of the
' " E" that facility.The NRC shall also advise C*
(1) Search. duplication and review.
the requester of any apphcable fees under i 9.35.
mhen agency records are requested for commercial use; (b) When the NRC denies access to a requested agency recort! or denics a request for a waiver or reduction of fees, the Director. Division of Froifo~m of 95 January 31,1989
f l
I 9.33(a) l PART S o PUBUC.RECCRDS 9.39(e) N (21 Duphcation of agency records fDI 1%otographic process-47.00 por 4
pmvided in escess of 100 pages ahen square foot for lurre ducuments or pnuardings. which are 1.unscribed by a rrp rting firm under s.pntruct withihe apency records are not sought for engirutring drawings (rendum sise NRC duwelly fton. the reputting firm et enmmercial use and the request is made excesshng 24 inches in width op to a the cunt of reproduction as provided for by an educational or noncommercial maklmum site of 42 inches in lenath) full in the contreet with the reportinit htm. A scientific institution. Or e reprvanntative slae only.
i (it) Sim centw per page for microfurm to Irguemier may also purchase transcripts of the news media; from the NRC at the cost of reproduction (3) Search and dupbcation of agency paper copy euept for engineering i out in perngraphs (a) and (b) of t
as records in escess of 100 pages for any drawings and eny other records larger lh.ectioh.
request not described in paragraphs (el thun 17 m 11 inches for which the charge (d) Copyrighted mets rial sney not be (1) and (2) of this section:
is $125 per square foot or $3.00 for a reprenluced in violation of the copyright (4)The direct costs of ararching for reduced-str.e print (18 m 24 inches).
1.wn, egency reenrds The NRC will masess (iii) One dollar por mocrofiche to r
l lees even mhen no agency records.re microfiche.
(c) Churges for the duplication of NRC rucurds located in NRC 14cel Public located ae a result of the search or when (iv) One daller pur operturit card to l
egency records that are locate d as a spurture card.
Document Rooms are those costs that l
the institutions maintaining the NRC
)
result of the search are not disclosed.
(2) fMf.acrvice. coln-opereted.
tocal Public Ducument Room collections and dupheuting machines are svulleble at estubhah. -
(51 Computer searches which include the PDR fur the use of the public. Paper the cost of operstmp the Central to paper is $a10 per page. Microform to I 8 37 P"'seeren one rereew of l
Prnt.essing Unit for that portion of p6per is $0.10 per page on the reader off nCF records by MC personnet l
l operating time that is directly prmterni The NRC shall chstge the following ettnbutable to searching for agency (3) A requestr may subniet snell-order huurly rates for search and review of records plus the operator / programmer trquesta for contractor duplication of aguncy records by NRC personneh salary apportionable to the search.
NRC records made by writing to the (a) Clerical scarch. review. and (l.)The NRC mas thorge requr6ter, NRC Puthe Document Room.he
'doplicati m et a selnry rate that is who respu+t the following menica+ for charges for muil-order duplication of the dme e. usa of the menice:
records are the same es those set out in equivalent tu a CCh7. Step $ plos 10 percent fringe benefits:
11
{ copa)+ Owl.s.m. th:.t recortl* ute true{ l=uacuph lclMIa.f tb+ sertiem. plus j re(b)Professionsl/menagerial search.
o m.nlm;; e.T si ippeg s 1.aigek.
view. end duplication at a salary rate
. o,
- gl hendnu, temd6 by sytial I4) A seq.ie*les m ) open un cu ount that i6 equh alant to a CG-1J. Wp n s rnethods. 6 a b as npress mail, pm Lage i
=ith sta dupin..ung sen n.c r.onnus,os I pins In p'rcene Irmge benehts: and s
I deliver) wen.cc. etc.
I A resguesier mu3 obtain the navne and g it] knior necuthe or Curarssioner 6 9.34 Assessment of mierest one oest mhlress and bilbng putry of the s.' rich. rr sie w. nnd dupla ntinn at.
- "b**
tentrat.iur from the NRC Public Shy Ntr tht ii equhah ne to un IN3 i
Do'*n.rnt Rotem.
Iml The NkC Shall norss interrat on plu* % ;rt un: L mue beachts.
{
the fer and.une 1.;tled startmg on the : stat m) Any i. hang en the i.ests Spes ifed j
dar i Jh.n.ng it.c da) un m hith the
- n on,,,.s tu.n will besurne a fferteve i
I hilN* w. neet in are.ortlanr.c with
- .yn,.d un pating u mpennn pl the i
NRC6 n m.lat.nns set uut in I l'd17 of c..arhidni sub ni.An.g that nrnende talThe NHC shsil nun h for agency tlus chapier Interrat to et the rate th 6,,.a tk.n to es fler. the new thu gen, o*'ofd6 nethschted under ! 9.23(b).
l r
prescribed in 21 LLS C. ;s737-ne n.m,,,g,n eh..l! post the s.harpen w
..cd rpes ahen egency records (h) The NRC wdl une its debt that will in in i.flutt for the ir.teram
"" ""I '"MI
- *"'d'I " ""d roller tum pror.edures, under Purt u of peau.d in ll.e Pubbs Dorument Remem.
n nynds => recluested by an The Commim6 on whall complete the durdNnn)of nontummacM nden6Dc 4
, thin thapter fue ony oveiclue fera rulemalms necassart to ti flect the acw
"*U'"' A"": " 8 '"P"'statsth a of the
{ g 9.as Dupacahon fees.
'V"" "' "" 19 "8 ' king day 6 fium tin.
'"']
kC shall neuich for egenty
(
2 lu)(11 Charges for the duphs.utmn of mng a 1 mienn. perind.
s cords ruquested under i 9:3[b)
O.Io'n"ung' c*hame> for onpirs of reex,rd"
- ""' 'ha's** 'ar ihe nr$' ' a haw's 5 'the NkC Pubhr Document Room, n201.
"'** = 'd" a '" d ' ""de' ' *2' " '
E Struct. NW Whieston. DC 26 by i
pl mourch for any sequest not sought for 2 the dupuranns service comrut. tot are es
[','
'."Pf'
- I eummercial use and not covurnd in
- jig, kuorn sou.ted in Wa>hington. DC or at paragraph (a)of this section, kn.a. P bbt Dus.unu nt Ruums:
(c) The NRC shall duplicate 82ency w,M requested under i a23(b)
~
(il Sin cents per page for pnper ropy
- UM" = h H Inc 6 rnah
, drawings and' any other records lutzt, I"W" "g "C"W ""'"F*8 "" chines-Stt.20 pas ssithne s.huri;v for the first MD pages of to paper cups. cscept fur enginecting standard paper enpies. or equh e!::nt k than 27 a $1 inthes for m h.ch the A %r charge I: r dupht.ating recurds ett if the requesh:r is not a cummercial.
papes in rnicrohche computer, disks.
i charpen vury== follows depemhng or.
"'"' *"" 'h"$r specified in parugraphs use requenter.
E the reptwius t.un pawa u that in rhed.
'"I"!al bl => conmuted on the immis of
[d) The NRC may not bill any
""C8 "'*t6
'g (A) Xerogra;, hic ;.nwrks-51.50 per equare foot for large dat uments or b 11a n.n p'enna w ch slu 1*rderal seq' aster fw fees if the cost of cohet. ting the feo would les equal to or 3rneler than (ngineering draw;ny6 (rundom size up to Ad"*"r> Cuannutus Ar;t. m sequester the Inc linelf.
24 Inc.he+ ir. width und with s uriabic
- "' U"'d*"0 CI""* DI l'""ript, of (c) The NRC may aggreptu re. guests length) reduc ed ter full size.
'"*'" nun) in NRC Adminnry Cornmitter la det.Indn!: g star h and duplicution to November 30.1988 9-6
5
]
y a*
1 i
13 %
PART 9 e PUBLIC RECORDS l
1.e pwu 'ed w uhxt 6.y as prou led
- 12) E,e h rmw1t for w ma er ur (3)If du.chware of the r" quested m par. N s !a) und (b) of this section.
redm tem of f es must be. eddies *cd to mfo:mmon a hkch. to e ontr bm to j
h if the NHC Tmds a requester h.a f. led the Dact n t. D,sinon of Rules and pub'n o m i.m a h rt o
mum;ae n quests for onh portions of an Rec ords. Office of Admimstration and
' t) If du D.*ure is ! A t h u i tmt%w cencs rec ord or omdar gent 3 ret ords Resources M..nagement. U.S Nudcar ivmfa.. nth to pubhc und< rstandmg of j
for th,' purpose of asoidmg t.harpes Regulatory Cnmmission. mshmgton.
Gosernment eperations or acta itics; i
DC 0055 (5)If and the estent to whit h. the
} e 40 Assessment of fees-(b) A pe *un reques.tmg the NRC to requester has a commercial mierest that
{
(a)If the request a espectnd to waise ar reduce search. review. or would bc furthered b3 the d se losure of reywre the NRC to v.sest. fees in ewess dupbeation fees shall.
tbe requeued agenc3 records: and of 5:5 'or stersh and/or d.:phc tion. the (1) Describe the purpose for w hkh the (6)If the magnaude of the identled NRC shall nattfy the requester that fees req ester intends to use the requested commercialinierest of the requester is wdl be essessed unless the requester information.
suffic ient!y largc. in rompenso 1 with has indu ated m adunce his or her (2) Eglam the estent to w hit.h the the pubhc interest m d:sclosure, that w&r gness to p,3 res as high as requestar wdi estract and analpe th' du t.losure is primardy in the commercial f
isnrwed.
substantae content of the agency interest of the requester.
(W In the notaccon. the NRC shall record; (e)If the written request for a waner incl;de the estimated cost of search fees (3) Describe the nature of the spec:fic or reduction of fees does not meet the and the nature of the search required attnit3 or ramearr.h in which the agency rmuirements of this section, the NRC anr; estimated cost of dup!icating fees.
records will be used and the specihc w dl inform the requester that the i
It) The NRC wdl encourage requesters quahf. cations the requester possesses to request for waiser or reduction of fees is to discuss with the NRC the possibdity utdee information for the intended use being denied and set forth the appeal cf narrowing the stope of the request m such a w a3 that it wdl contribute to rights under i 9 29 to the requester.
with the goal of reducing the cost whde pubhc understandmg:
ret ining the reqacs!cr's or:gmal (4) Describe the hkely impact on the 1943 Processing of requests for a wawer c b ective.
pubbc's understandm t of the subject as or reduction of fees.
i a
(dlli the ice is Aternuned to be in compared to the lesel of understandmg (a)Within to workmg days after j
ncess of 5:50, tt:e NRC. hall require an of the subject esisting prior to.
rer.eipt of a request for access to agency j
adsance pa3 ment.
d:sc losure; records for which the NRC agrees to j
(c) Unless a requ-ster has agreed to (5) Describe the sire and nature of the w ait e fees under ! 9 39(a) throuch (d) or pas the estimated fees or. as prmiJed 3 pubbt to whose understandmg a 3 19 41(c]. the NRC shall respond to the I
o h for' m paragraph (d) of th:s sectior.. the
- ' r.ontribut.on wdl be made;
- rrc;uce as prosided in i 9.25.
requester has paid an estimated fee in (6) Describe the intended means of
! lb)In makirg a request for a waiur or 1
3. u cw of 5r.a ihe NK m.n i.ot ben dissemination to the general pubhc;
- reduction of fees, a requenter shall y
t<i pmu,+ the reque c 2
F) Ira ate d to ! :s m. ' u to
? provide th: usemation required by 11,if tbc NRC na ears.. nca acqw mf ema.on e. dl N pr.n a:. d !n-cf 5 9 41(bl.
..rd th 'crm.u. s th
'r.e t. mmst"r bu ch.rce in pros nh d for an at :-u Ic...r n
y...
.s a,.
.9%
i.sh din;m a fee.
.. ; d n eun M p.% a or fee. or.d id i, o ma de ir.
u,
. e e.
itr a
da3 s of in er of 1:- b.C on a ps s aus (c I, e.h
,n3 i. m: n..d c:
,e u
= 4: m Nec e y
- rc.n.i. tht NFC ma3 not au ept the pr e..d e m est ice o puer or ar.
,1
- w.cu r-4 * *, '. *cd j
rien re pes' for pn.ressm; untd oti er ;.ary has ni %.e nt 3 :ccoub.
. N.{.. :-
i
~
payment of the full amount ened on W
-ought.
ti s
O pncr rr.p est, pha an3.m;Ao.ble tr) The NRC n di w an e or redare fors.
w c m u; ; p e o ;-
J. a
.r. terce aw. %cd as pro. ch.d m i R34.
xthaut forS r spe. ifs inf.nrr.ation e.
..~m%r-,
o.. - p en ng a rude from the,cy.esier d. f rom mfarmatiim w: 3 "a ne eu c..- r.ot ~ u.the b.d W. n 10 w c k:n; d.c. s of the prord..d u n 4e remmst for 4.. rn 1. c. 4 m e'! 9 C al empt of NkC $ now e th,t f.es u d: he ed-r...de. ndee f u :Nb) n i an (d; As ;m udni m t c a rrquecer y,
.ns u. d the %n err d..'l r im ide ac...
.n,. ma J,j,ys e,,f the ru 3 app..d a & ail of e rewe st 10 ads.in..e pa3 rw nt.! x,.: red noof3 the nfe.w in the o n s :n r J< n n v..a.e e. he e '. es.utt. % de s to NRC m w m y Ot the :emier a.:r es s pidac m'erest be.ade d is 1 W3 c
tn 5 Fu:
.c D co.ir bc Op
.cii.rs to lo a-the ecm cd c os's. or wbmt! a e.mn be si m a.. nth to public r
3 5'O req iec for a waiu:r or iede 1.on of fees ander cand.n;: of the op. rs'.r.6 or p., runt to 19 41.
,,c ta nties nf the Gm err. ment.md is uut MO or b he Mech 1 :>f em h g94t r.eques.s for wswer or tedset.on of pr. mark. m the ucrwn n.! hte ~c of
- c3rar. the CL.ne un of tb
- kC n E W net a repo t wsenny the r
(a);1)The NPC d.dl rch.er t fees for (dj in r:okmg a deterrunation P*
- b C" c 3 ea to Du k e'
of " e 1im.se ci f.i;m % rtota es +md secchm; for. reu w.ng er.d dupkatirg "y
. "]}3 15 edent of 'ta Senete for trftn.1 to rm p
, crq rn ords estept as prouded in "PPW d!" """' "* 'A 0" l 9 39. urdess a requester abrr!!s a (ondder the fo:lowmg facvs:
c"o yesg TL rept.rt mcludes-f WIbnhMWdhmeW request m wntr:P or a waiver or 111 Thi number of di to:nnnations redet.an of fees.To assure that there ageng ter ords rangerns the up" itin".s in.ede bs t% NRC su dera reques's for d' #* " " 'I 0" b"" ""'"I' adl be no ilelay m the processmg of Freedom of Info:rr.ation Act requests.
(2)!!aw the dua.losuie nf the in o-Srno t to,6e NRC under ths part j.g q g g g,gg.,
the request for a waher or reduction of n!m matbn is bkdy to minbute M *n R The %drr of r; e..is :m..Jt by fees should be included in the initial urden.tanding of Gournment
- ;n g u >9 p t r... s' s n' the freedom of Informat;on Act rerjucst m.mn nn or ecta Nen
.g.h,md the n.: sori for thr att.un lener.
9-7 November 30,1968
d he 3
PART 9 e PUBLIC RECORDS e,,,n.
,.,J,
,d Nt : wi4 n n idi " System manager" means the idenutying his request more precisely 6r..,'_.'
T,
',.t NRC oScial responsible for maintainmg and tha!! be responsible for forwsrd-
.,n of records.
Ang the request to the appropriate system i-o.. i, [ : + q a rra a sys,te.m. Systems 4,
g,3 of records rneans a manager.
i.I e
.m : ;m
.h i e dm group of records under the control of i a ir the NRC tmm thich informauon is ib) All written requests shall be made Y i.
- i s
t
.-i.
i.'
retnered by the name of an individual or
., to the Director. 05ce of Administrauon.
a by an identifying number. symbol, or and Resources Management o
i a d' ",s e[ca other identifytng parucular masigned to
- l U.S. Nuclear Regulatory Commission.
,) T #
h pn.
u individual z Washington, D C. 20555. and abould i m
, d ;vs;.e tn 5 U.S C gg, Statisucal record" means a ree-g clearly state on the envelope and in the
<( m r
letter, as appropriate: " Privacy Act Re-M a '.4 J F) m dr'g a vpt - ofthe ord in a system of records maintained o
for staustical research or reporung pur-quest.*'" Privacy Act Disclosure Account-d v'*? v'3 a s Nm t.d en a o eattne poses only and not used in whole or in ang Request." Privacy Act Correction t. r.. U or i Pp.n e e u ho y as pymerily part in making any determinsuon about Request." A request that is not so marked s
f, in, om Mc f e.n ; 4rr a w a he Al4 an Ident1 Sable individual. except as pro-will be deemed not to have been received
? in Ws m an espb.n#un of v.h) vided by the Census Act.13 US C. g.
by the NRC untti 1t la actually received dm T Nr3 ocM m a nc' ?Aen.
tat "Rouune use" means, with respect jy the Director. 05ce of Administration.
L (9 A t vpn cf em rn the NRC to me disclosun of a ncest W use of Requests may be made in person such record for a purpoi.e which as com*
(c) pt.hLsy+c of4r t mg thu. part, patible with the purpose los stuch it s'as during oScial houn at the U S. Nuclear n,
a IM A :it) of t w he s3edh end the collected, as desertbed in a.aotice pub-Regulatory Commission oSce where the to'a! amo r of fen cofecNd M tt e 31shed in the Pr:EmAt Ractsfra, record is located. as hated in the "Nouce of System of Records" for the system in
.NRC for :%km retords n m!dir under Procs: Tats Art:.:casta To RrerrsTs sr 1%. part and Iwnsvrovsts ros IwromusT10w. Accass thich the record is contained.
p} b other mt.mtvr that on AMswDMENT or Rscomps Marw1aIwas t 9.54 Verification of identity of indi-
' r Wd effes ti edmm Cet I4s 1%
A80f7 DE"
"*I' ** U"8 "9 ""
prm w. ors of 5 U $ C E ratszwtatzou or practsrs ia s Idenuncauon requirements in par.
(tA The NRC shd r.ke e rop 3 of
, I 9.52 Types of requests.
"7,fp3}c 6 a[y hNu o
e och repmt NLeted to the Conpre ss (a) Individuals may snake the fol-makes requesta respecung records about unc'c r pewh (a) e' ts se rtaen towmg requests respecting records about tumself, except that ne ver1Scation of mdM kr NLht c.PWn end 2 themselves maintained by NRC in a sys-identity shall be required 11 the records t orMF e de NRC PMt De e nt
- tem of records subject to the prons1014 j requested are available to the pubue un-E of the Privacy Act of 1974:
. der the provisions of the Freedom of In-p (1} Request a determination whether
- formauon Act With respect to certain a record about the individus) is coctained E sensitive records, additional requirements Suboart 5-.+rtvoey Act Regulations in a system of records.
for ver1Scauon of identity stated in the (2) Request access to a record e. bout D appropriate publisher!Nouce of System 6 9.50 Scope of subpart the indivndual Access" requests may in-of Records" may be imposed /
This subpart implements the provi-clude requests to review the record and iI s Wrttien rettests. An individual alons of secuon 3 of the Privacy Act of to have a copy made of all or any portion makir.g a urltten request respecting a 1974. Pub I 93.-579. 5 U S C. 552a. with thereof in a form comprehenalble to the record about hirnself may establish his respect to las the procedures by stuch mdividual.
Identity by a signature. address. date of
.ndividuals may determine the tristence 134 Request correction or amendment birth, employee idenuncation number if of. seek access to and request correction of a record about the individus!.
any. and one other item of idenuScauon of NRC records concerning themselves.
(b) Regscsts for accosnftma of disclo-such as a photocopy of a driver's hcense and ib) the requirements applicable to rures Ind!viduals may, at any time. re-or other document.
NRC personnel with respect to the use quest an accoucung by NRC of discle
- 28 Reguests en person An individual and disseminsuon of such records The sures to any other pe= son or Government making a request in person respecting a regulations in this subpart apply to all agency of any record about themselves record about hunself may establish his records s'hich are retrievable from a contained in a system of records con-identity by the presentauon of a single system of records under the control of troUed by NRC, except the following: (1) document bear:ng a photograph 'such as the Nuclear Regulatory Commission by Disclosures made pursuant to the Free-a passport or ident1Scataon badsel or by the use of an ind!vidual's name or of an dom of Informauon Act. 5 UE C. 552; the presentauon of tuo items of Idenu-identifytna number symbol, or other.
- 42) disclosures made within the Nuclear fication a-hach do not bear a photograph idenufying particular assigned to such Regulatory Comma.stnn: (3) disclosures but do bear a name. address and signa-individual. Except where speciScally pro-made to another Government agency or ture 4auch. as a driver's license or credit e
Ir vided otherwise. this s.tbpart apphes to InstrumentaDty for an authorized law cardt.
su NRC records maintamed on individ-enforcement activity pursuant to 5 US C.
~,
E uals s'hether they predate or postdate 552alb)(711 (45 disciosures expressly abi Inabth!s to provide requistfe docu-g September 27.1975.
exempted lay NRC regulations from the mentation of aden!1ty. An individual requirementa of 5 0 8 C. 552s(cH3) pur*
making a request in person or in writing i931 DeEnths.
suant to 5 U A.C. 552af k)-
respecting a record about hirnacif who As w in this subpart:
[
cannot provide the necessary documenta-tal **1ad!vidual" means a citizen of tion of Identity may provide a notarized the United States or an aben lawfully 5 9.53 Requesan bow and wbete pre.
- statement. swearms or aftrming to his admitted for permanent residence.
eented.
3 Identity and to the fact that he under-(b) The term " maintain" includss tal Requesta may be made in person
- stands that penalties for false statements maintain, coUect, use or disseminate.
or in writing. Assistance regarding re-may be imposed pursuant 1018 U.S.C.
2 (ce ** Record' megras any item, cohec-tion or grouping of in!ormation about an
.. quests or other matters Telating to the 2001. and that penalties for obtaining a 4
? Priency Act of 1974 Inay be obtained by record concerning an individual under ra individual that is mafntained by the
- wrtung to the Iy. rector, Of5ce of Amin-false pretenses may be imposed pursuant NBC. including, but not limned to, his 2 1strauon and Resources Managem. '
to 5 U S C. 552a(li(3i. Forms for such education financial transacuans, med!-
I
. U 5. Nuclear Regulatory Com.
notarized statements may be obtained on s y t t nt a th 7 massi n.
mahingen. D.C. 20555. Re-request from the Director. Othee of Ad-quena Matmg m recoMs in mulupk MMam ad hum Manapment and!viduals 'name or the identifytng sys ems of meds should M made to the
. US. Nticlear Regulatory number. symbol or other identifying par-fA htrauon. U S Commission Washington. D C. 20$55.
ueular assigned to the individual. such ear su aWy Comnasalon, Wash-as a finger or voice print or a photograph.
ington. D C. 20555 The Director, or his designee. shall mastat the requestor in l
November 30,1988 9-8