ML20136B242
| ML20136B242 | |
| Person / Time | |
|---|---|
| Issue date: | 11/08/1984 |
| From: | Berson B NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III) |
| To: | Olmstead W NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| Shared Package | |
| ML19310G510 | List:
|
| References | |
| FRN-48FR36358, RULE-PR-2 AB78-1-013, AB78-1-13, NUDOCS 8511200162 | |
| Download: ML20136B242 (1) | |
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O if 799 ROOSEVELT ROAD GLEN ELLYN. ILLINOIS ' 60137 November 8, 1984 MEMORANDUM FOR: William J. Olmstead, Director and Chief Counsel, Regulations Division, Office of the Executive Legal Director FROM: Bruce A. Berson, Regional Counsel, Region III
SUBJECT:
PROPOSED RULEMAKING TO ESTABLISH SPECIAL PROCEDURES FOR RESOLVING CONFLICTS CONCERNING THE DISCLOSURE OR N0NDISCLOSURE OF INFORMATION In response to your memorandum dated October 22, 1984, Region III offers the following coments on the subject proposed rulemaking:
- 1. . The purpose and usefulness of the provision in 2.795k(b) of the proposed rule which allows parties other than the staff to file briefs with the Comission following certification of a decision by the presiding
, i officers seems questionable. Since the entire nondisclosure proceeding up until this point in time would have been conducted in camera and ex parte, it is unclear how a party other than the staff would be able to contribute anything of substance to the proceeding. This likelihood was recognized in the Commission's September 13, 1984 statement of policy.
Why burden the Comission with paper when_ the parties being permitted to generate that paper will, due to the nature of the proceeding, have no knowledge of the specifics?
f While we are not advocating this approach, if it is considered necessary or desirable to afford other parties this opportunity to file briefs with the Comission, then it would seem equally appropriate to afford them the opportunity to file briefs with the presiding officer prior to or following the staff's in camera presentation.
- 2. Section 2.795h provides that the NRC office Jma file a written statement of concurrence or objection to the presiding officer's decision. We suggest the may be changed to shall to ensure that the NRC office views are on the record. This change is consistent with the language in the
-September 13, 1984 Policy Statement which requires a staff statement of concurrence or objection.
kh M Bruce A. Berson Regional Counsel cc: J. Lieberman, ELD 8511200162 851115 PDR PR 2 40FR36358 PDR
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