ML20126A877
| ML20126A877 | |
| Person / Time | |
|---|---|
| Issue date: | 11/25/1992 |
| From: | Hoyle J NRC OFFICE OF THE SECRETARY (SECY) |
| To: | Parler W, Taylor J NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO), NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| References | |
| FRN-57FR61013, REF-10CFR9.7 AC07-1-003, AC7-1-3, NUDOCS 9212210275 | |
| Download: ML20126A877 (2) | |
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November 25. 1992 06 8tCE Of THE
$ $.C r.'T A R Y MEMORANDUM FOR:
James M. Taylor Executive D.4. rector for Operations William C.
Parler General nsel John'{C.
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FROM:
H Ae, Acting Secretary
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SU BJECT:
9ECY-92-341 - AMENDMENT TO RULE GOVERNING PRO?RIETARY AND COPYRIGHT SUBMISSIONS The Commission (with all Commissioners agreeing) has approved Option 2, change 10 CFR 2.790(b) and (c) as recommended by the staff, for resolution of Issues 1 and 2.
The Commiss4.on (with the Chairman and Commissioners Rogers, Curtiss and de Plangue agreeing) has approved Option 4, change regulations to provide broad authoriny to copy as recommended by the staff, for resolution of Issue 3.
Commissioner Remick, a.though approving issuance of the draft Federal Reaister notice, Pas not yet expressed a preference between Option 4 and 0; ti7 5, Suboption a for resolving Issue 3.
The staff should forward the proposed rule to the Secretary for signature and publication in the Federal Recister.
(EDO/OGC)
(SECY Suspense:
12/18/92)
With respect to Issue 1, Commissioner Curtiss expressed concern that a delay by the MRC in making a timely determinatjon regardina the proprietary claim of the party submitting the document, or a delay in returning a document that we decline to treat'as proprietary, may lead to a situation where the document ends up being released while it is in NRC possession, undergoing.
what may turn out to be a lengthy review process.
To address this potential problem, the Commission would propose-that the staff revise its internal procedures to ensure that NRC --
expeditiously determines whether documents for which l u,, u, G 4(1)L' the
- bmitter requests proprietary treatment should be withheld from public disclosure; and-SECY NOTE
THIS SRM, SECY-92-341, AND THE VOTE SHEETS OF_ALL COMMISSIONERS WILL BE MADE PUBLICLY AVAILABLE 10 WORKING DAYS FROM THE DATE OF THIS SRM J
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9212210275 921125 l
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PDR 10CFR
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PT9.7 PDR i
4 4 (2) promptly ascertain whether the submitter would like its-document-returned in those cases where the NRC denies the submitter's request for proprietary treatment and/or withholding.
As an additional safeguard, the Commission believes that the NRC internal procedures should provide for return of the docc'.ent to the submitter where -- (a) NRC denies the submitter's rx/ ist for proprietary treatment, (b) the submitter requests-that *r,
document be returned,_(c) the NRC does not need to retain the document to carry out.its health and safety and/or regulatory responsibilities, and (d) the document is not " captured" by any pending FOIA request.
These procedures would provide for return of the document before the agency relies on the document as-the basis for a final rule, the staff submits the document to an advisory committee, or the document is considered by the Commission in an open Commission meeting under the Sunshine Act, cc:
The Chairman Commissioner Rogers Commissioner Curtiss Commissioner Remick Commissioner de Planque OGC OIG Office Directors, Regions (via E-Mail)
OP, SDBU/CR, ASLBP (via FAX) 1
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