ML20136B260
| ML20136B260 | |
| Person / Time | |
|---|---|
| Issue date: | 11/09/1984 |
| From: | Felton J NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Olmstead W NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| Shared Package | |
| ML19310G510 | List:
|
| References | |
| FRN-48FR36358, RULE-PR-2 AB78-1-015, AB78-1-15, NUDOCS 8511200167 | |
| Download: ML20136B260 (23) | |
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UNITED STATES b
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[/"% t, NUCLEAR REGULATORY COMMISSION WASHINGTON, D. C. 20555
%,**../ NOV 9 Bd4 MEMORANDUM FOR: William J. Olmstead Director and Chief Counsel Regulations Division Office of the Executive Legal Director FROM: J. M. Felton, Director Division of Rules and Records Office of Administration
SUBJECT:
DRR REVIEW 0F PROPOSED RULE ADDING PROCEDURES ON DISCLOSURE OR N0NDISCLOSURE OF INFORMATION T0 10 CFR PART 2 The Division of Rules and Records concurs with the proposed rule amending 10 CFR Part 2, " Adjudications--Special Procedures for Resolving Conflicts Concerning the Disclosure or Nondisclosure of Information," subject to the requested clarifications discussed in the following comments.
We suggest that the reasons why a transcript of an in camera presen-
-tation is made be spelled out (page 5), e.g., for future review by the Comission or review by other interested parties if this information is released following an inspection or enforcement proceeding.
Regarding the effect of the Paperwork Reduction Act on this rule, a new statement has been provided indicating that OMB review is not required since the request for information is internal to the agency.
However, concerning agency records, the request for nondisclosure of information and its attachments from an NRC office would become an official record. This record, if the.information it discusses were to be disclosed, would become a pointer to the information. It seems 7 that a mechanism is needed for securing these records. -
Additionally, it seems that a mechanism is needed for alerting all ,
members of the agency that a request for nondisclosure of certain V information under this rule has been submitted or granted, e.g., the F0IA Branch would need to be informed of the request and action on it.
Format-wise, since no other group of sections under a center heading in Subpart G has its own " Purpose and Scope," a new heading for i 2.795a has been suggested to retain uniformity within the subpart. Also, some necessary changes in paragraph designations for the rule text are marked on the enclosed copy.
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Editorially, since both the board and requester are from NRC, to use
" request from an NRC office" rather than "NRC request or application" removes any room for confusion (see page 4 and other instances throughout the rule). A suggested rewrite for i 2.795c is provided that reverses the order of the statement to place first the obligation of the requester as preferred by the Office of the Federal Register.
Should you have any questions about our comments, please contact John Philips, Chief, Rules and Procedures Branch, on extension 27086.
. M. Felton, Director Division of Rules and Records Office of Administration
Enclosure:
Marked Copy O
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OCT 2 21984 F
NUCLEAR REGULATORY COMMISSION ,
10 CFR Part 2 Adjudications - Special Procedures for Resolving Conflicts Concerning the Disclosure or Nondisclosure of Information AGENCY: Nuclear Regulatory Commission.
ACTION: Proposed rule.
SUKMARY: The Nuclear Regulatory Commission is considering amending its rules of practice to provide special procedures for resolving conflicts concerning the disclosure or nondisclosure of information relating to an NRC investiga-tion or inspection or provided by a confidential source and deemed relevant t
and material to an adjudication. Prepared at the express direction of the Commission, the proposed amendments apply to all.NRC offices that have information relevant and material to an adjudication. The proposed amend-ments require iJt camera presentations and follow guidance contained in the Commission's recent statement of policy on investigations, inspections and adjudicatory proceedings.
DATES: Comments must be received on or before Comments received after this date will be considered if it I-i practical to do so, but assurance of consideration cannot be given except as to comments received on or before this date.
- Insert date 60 days after date of publication in Federal Register.
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ADDRESSES: Interested persons are invited to send written coments or suggestions to the Secretary of the Comission, U.S. Nuclear Regulatory -
Comission, Washington, D.C. 20555, Attention: Docketing and Service Branch. Coments may also be delivered to Room 1121, 1717 H Street, N .,
Washington, D.C. between 8:15 a.m. and 5:00 p.m. Copies of any coments received may be examined at the NRC Public Document Room, 1717 H Street, N ., Washington, D.C. 20555.
FOR FURTHER INFORMATION CONTACT:
\
SUPPLEMENTARY INFORMATION: On September 13, 1984, the Comission published aStatementofPolicyonInvestigations,InspectionsyandAdjudicatoryProceed-ings (49 FR 36032-36034, September 13,1984.) In that Statement of Policy, the Commission re-emphasized the importance and need for full disclosure of information in an adjudication so that all issues may be fully resolved and stated that
"[a]Il parties in NRC adjudicatory proceedings, including the NRC staff, have a duty to disclose to the boards and other parties all new information they acquire which is considered material and relevant to any issue in contro-(49 FR 36032, September 13, versy)in 1984. the proceeding."
At the same time, the Comission recognized the need in certain circumstances to protect information against public disclosure to avoid compromising an NRC inspection or investigation or to protect a confidential source. In most instances, these conflicting concerns can be reconciled by placing restric-tions, which may include suitable protective orders, upon the disclosure of
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information. There are, however, certain situations in which any disclosure of information, however restricted, would defeat the purpose of nondisclosure. -
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In its Statement of Policy, the Commission expressed the view that in these situations the NRC staff should be required to
" provide the board with an explanation of the basis of its concern about disclosure and present the information to the board, jn camera, without other parties present."
(49 FR 36032 at 36034, September 13,1984.)
The Commission also noted that "because this procedure represents a departure from normal Commission procedure, it is the Commission's view that the decision should be implemented by rulemaking." (49 FR 36032 at 36033, September 13,1984.)
This rulemaking proceeding is initiated in response to that directive.
These special procedures are applicable to and intended to be used by all NRC offices. The procedures are applicable in those limited circum-stances in which an NRC office is under a duty to disclose information to a board and/or parties in an ongoing adjudication, for example, under established board notification procedures, in response to a discovery request, or as otherwise directed by the presiding officer, and it is determined that disclosure of the information under protective order or other appropriate restrictions would not achieve and might well defeat the objectives sought through nondisclosure. Once these findings have been made, the proposed special procedures may be used to determine the requisite degree of protection or disclosure that may be necessary.
The criteria to be used to determine whether a particular item of information is eligible for protection from disclosure are set out in 52.5959 of the proposed rule and track the standards enunciated in the
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Statement of Policy. In general, information will be eligible for protec-tion from' disclosure if it can be shown that the information relates to -
l an inspection or investigation and that disclosure of the information even
-under restriction or protective order would be detrimental to the effective conduct of the inspection or invest'igation. The information need not relate solely to an ongoing inspection or investigation but may also include infor-mation on the basis of which the NRC may determine whether to initiate an inspection or investigation. Information will also be eligible for protec-tion from disclosure if it can be shown that the information would reveal the identity or otherwise compromise a confidential source. After the con-flict between the obligation to disclose and the need to protect a particular item of information has become apparent, the NRC office possessing the information may use the proposed special procedures to resolve the conflict.
Under the special procedures, the appropriate NRC office must submit a written request for relief from the disclosure re uirement to the presiding
%Mb c ocM officer of the pending adjudication. The request, bmiktheinforma-w@ 'g tion for which protection is sought,Aprovide a brief summary of its nature andsourceqndexplaintherelevanceoftheinformationtotheadjudication.
The request must also state why and to what extent disclosure of the infor-mation even under restriction or protective order will compromise or impede the conduct of-an investigation or inspection, or reveal the identity or otherwise compromise a confidential source.
b n NRC.dDec.
Upon receipt of arttRC request for relief, the presiding officer shall A
schedule an in, camera presentation which shall have priority over other matters awaiting decision. Under the proposed amendments, the presiding
.s-officer is also authorized to hold an M camera presentation at any time on his or her own initiative.
Although attendance at an h camera presentation is strictly limited to the presiding officer and to appropriate NRC personnel, all parties to the adjudication must be notified whenever an jn, camera presentation concerning the disclosure or nondisclosure of information is to be held. The substan-tive content of the information presented in camera may not be disclosed A g
verbatin transcript will be made of each in camera presentation. a h5"Y ' S
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@ad w he pH 08 Upon the conclusion of an jn camera presentation and after finding that I p.s3 $
the information for which protection is sought is both relevant and material P!',W %
g w w by to the pending adjudication, the presiding officer will decide, in the light %e OwWa of Commission policy favoring full disclosure, whether the information merits "Y
% w ah protection against disclosure to enable NRC to conduct an investigation or 6kdiq Tr inspection fully and adequately or to protect the identity or otherwise preserve the integrity of a confidential source, or whether the information must be disclosed. The decision may include any terms and conditions con-sidered necessary and appropriate; a copy shall be served on the NRC office having the information to which the decision relates. Within ten days after service of the decision, the NRC office may file a written statement of concurrence or objection. The decision will become effective twelve days after the date of service unless the decision otherwise provides or is required to be certified to the Commission for review.
Every decision requiring disclosure of the identity or of information relating'to the identity or that would otherwise compromise a confidential source and every decision involving an unresolved disagreement between the
- ; presiding officer and the NRC office having the information to which the decision 'r elates must be certified to the Comission for review. Upon !
certification, the decision is automatically stayed until the Commission has completed its review and issued a decision. Pending review, the Comission will hold the decision and the accompanying record j_n,n camera.
The presiding officer must notify all parties to an adjudication whenever a decision relating to the disclosure or nondisclosure of information is certified to the Comission for review and inform the parties of their right to submit timely in camera briefs. After completing its review in accordance with the standards in 5 2.7959 of the proposed rule, the Comission will decide whether to affirm, reverses or modify the decision.
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Under the proposed procedures, information required to be protected shall be deemed sealed pending further order of the presiding officer or the Corrcission, as appropriate, and may not be disclosed in any adjudication or used in making any licensing or related regulatory decision unless and until publicly released.
Any NRC office which possesses protected information, including infor-mation protected from disclosure because it relates to an inspection or investigation, may consent to its release at any time by notifying the presiding officer or the Comission, as appropriate. The information may then be disclosed without further order, unless the information will reveal the icentity or otherwise compromise a confidential source, in which case a Commission order is required. Upon order of the presiding officer or the Comission, as appropriate, information protected from disclosure because it relates to an investigation or inspection may be released when the
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'. investigation or inspection is completed. Upon release, the information and the accompanying record, including the verbatim transcript of the i_n ncamera presentation, shall be included in the public record of the adjudication.
Environmental Impact - Categorical Exclusion.jX Cf The proposed amendments would amend the Comission's rules of practice codified in 10 CFR Part 2 and therefore meet the eligibility criteria for the categorical exclusion set forth in 10 CFR 5 51.22(c)(1). Accordingly, pursuant 10 CFR s 51.22(b), no environmental impact statement or environ-mental assessment need be prepared in connection with the issuance of the proposed amendments.
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Paperwork Reduction Act Statement, s Q ,W yu- L r~' t G(6) b dwide O s, ,
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v Although thekecial procedures in the proposed rule would impose a new informationcoklectionrequirement(sce, 92.7951, Application requesting
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incamerapresentationandrelieffromrequirementtodiscloserelevantand material infcrmation) th'ese procedures'are only applicable to adjudications.
In addition, the new information collection requirement is only applicable to NRC, specifically those NRC offices which have information deemed relevant and material to a pending adjudication but also eligible for protection against disclosure. Based on the exemption in_% 3518(c)(1)(B)(ii) of the Paperwork Reduction Act of 1980(44U.S.C.5%3501etseq.)Qndthefactthat the information collection requirement contained into the proposed rule would k
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affect fewer than ten respondents, the NRC has determined that Office of Management and Budget clearance is not required pursuant to the Paperwork :
Reduction Act of 1980.
Regulatory Flexibility Act Certificationg(AP$)
As required by the Regulatory Flexibility Act of 1980, 5 U.S.C. 605(b), the Commission certifies that this rule, if adopted, will not have a significant economic impact upon a substantial number of small entities and that there-fore a regulatory flexibility analysis need not be prepared. The primary inpact of the proposed rule is on the hRC, not on entities subject to regu-lation'by the NRC. Procedural in nature, the proposed amendments provide a nechanism for the orderly resolution of conflicts respecting the obligation to disclose information deemed relevant and material to a pending adjudica-tion and the need to protect information relating to an NRC investigation or inspection or provided by a confidential source. Adjudicatory hearings are not required and are seldom, if ever, conducted in connection with the issu-ance of licenses - for the most part materials licenses - to small entities.
Adjudicatory hearings do, however, constitute the principal regulatory vehicle used by NRC to authorize the construction and operation of nuclear power plants. The companies that own these plants do not fall within the definition of "small entities," as set forth in section 601(3) of the Regulatory Flexibility Act, or within the definition of "small business" as found in Section 3 of the Small Business Act, 15 U.S.C. 632, or the Small Business Size Standards in regulations issued by the Small Business
Administration and codified in 13 CFR Part 121. For these reasons and because the primary impact of the proposed rule falls on NRC, not on entities -
regulated by NRC, the Commission has concluded that the proposed rule, if adopted, will not have a significant economic impact upon a substantial number of small entities and that a' regulatory flexibility analysis need not be prepared.
7' List of Subjects in 10 CFR Part 2 4 'D Administrative practice and procedure, Antitrust, Byproduct material, Classified information, Environmental protection, Nuclear materials, Nuclear power plants and reactors, Penalty, Sex discrimination, Source material, Special nuclear material, Waste treatr.ent and disposal.
[ For the reasons set out in the preamble and under the authority of the Atomic Energy Act of 1954, as amended, tha Energy Reorganization Act of 1974, as amended and 5 U.S.C. 553, the Nuclear Regulatory Comission is proposing to adopt the followir.g amendments to 10 CFR Part 2.
PAR 1 2 - RULES OF PRACTICE FOR DOMESTIC LICENSING PROCEEDINGS.
- 1. The authority citation for Part 2 continues to read as follows:
Authority: Sec b 161, 181, 68 Stat. 948, 953, as amended (42 U.S.C.
2201, 2231)'; sec. 191, as amended, Pub.'L'.87-615, 76 Stat. 409 (42 U.S.C.
1241); sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 5841); 5 U.S.C. 552.
Section 2.101 also issued under secs. 53, 62, 63, 81, 103, 104, 105, 68 Stat. 930, 932, 933, 935, 936, 937, 938, as amended (42 U.S.C. 2073,
I 2092, 2093,-2111, 2133, 2134, 2135); sec. 102, Pub. L.91-190, 83 Stat.
53, as ainended (42 U.S.C. 4332); sec. 301, 88 Stat.1248 (42 U.S.C. 5871).
Sections 2.102, 2.103, 2.104, 2.105, 2.721 also issued under secs. 102, 103, 104,105,183,189,68 Stat.936g937,938,954,955, as amended (42 U.S.C.
2132,2133,~2134,2135,2233,2239)'. Section 2.105 also issued under Pub. L.97-415, 96 Stat. 2073 (42 U.S.C. 2239). b '~
i n5 2.200-2.206 oise-4ssu(
7UngECsecs,--186',T23668-Stat %--83 stat. 444, as-amendeNTU 5 C 7236, -
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{ 2282); sec. 2067-8gStTr T2T6-(42'b5 5846). Section 300 Z 30 n iso ~
( inuee tmdEf70b. L. 9N415, 96 Stat. 20n 142 U.d.C.-213g Sections u _ _ . . _ _ -
2.200-2.206 also issued under secs. 186, 234, 68 Stat 955, 83 Stat. 444, as amended (42 U.S.C. 2236, 2282); sec. 206, 88 Stat. 1246 (42 U.S.C.
5846). Sections 2.300-2.309 also issued under Pub. L.97-415, 96 Stat. 2071 (42 U.S.C. 2133). Sections 2.600-2.606 also issued under sec. 102, Pub. L.91-190, 83 Stat. 853 as amended (42 U.S.C. 4332). Sections 2.700a, 2.719 also issued under 5 U.S.C. 554. Sections 2.754, 2.760. 2.770 also issued under 5 U.S.C. 557. Section 2.790 also issued under sec. 103, 68 Stat. 936, as amended (42 U.S.C. 2133) and 5 U.S.C. 552. Sections 2.800 and 2.808 also issued under 5 U.S.C. 553. Section 2.809 also issued under 5 U.S.C. 553 and a
sec. 29,3 Pub. L.85-256, 71 Stat. 579, as $ amended (42 U.S.C. 2039).
Appendix A also issued under sec. 6, Pub. L.91-580, 84 Stat 1473 (42 U.S.C.
2135).
- 2. In Subpart G, immediately following 6 2.790, a new center heading and
%& 2.7950 are added to read as follows:
new sections 2.795a I
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11 SPECIAL PROCEDURES FOR RESOLVING CONFLICTS CONCERNING THE DISCLOSURE OR N0NDISCLOSURE OF INFORMATION RELATING TO f
\ AN NRC INVESTIGATION OR INSPECIl0N.0R_PROVIDED_BY A CONFIDENTIAL SOUR,CE x AND DEEMED RELEVANT AND MATERIAL..T0 A_PENDING_ ADJUDICATION Jl\gpUta\bff ok = ,.k 01i 9 hq G Y '^ Y L
% 2.795a :Purppjie-and: Scope-
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Sections 2.795a jg 2.7950 specify procedures for resolving conflicts concerning the disclosure or nondisclosure of information relating to an investigation or inspection or provided by a confidential source and deemed relevant and material to a pending adjudication. These procedures apply.to all NRC offices. The procedures are to be used whenever an NRC office may be required to produce information in a pending adjudication and the NRC office having the information believes that disclosure of the information even under restriction or protective order would compromise or impede the conduct of an investigation or inspection or reveal the identity or otherwise compromise a confidential source.
% 2.795b Re_quirement to di.sclose_ relevant. and_materdal informatjqn, request, for in camera presentation and relief.
Information relating to an investigation or inspection or obtained from a confidential source and found to be relevant and material to a pending adjudication shall be disclosed by the NRC office having the information unless (1) the person responsible for releasing the information believes that disclosure of the information even under restriction or protective order would compromise or impede the conduct of an inspection or investigation or
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- reveal the identity or otherwise compromise a confidential source and submits a written request to the presiding officer for an jn camera presen- :
tation and appropriate relief; or (2) the presiding officer upon his or her own initiative and in the absence of any written request directs that an jn camera presentation be held in order to resolve a potential conflict between the requirement to disclose and the need to protect the information.
9 2.795c Application _ requesting jn _ camera presentation and relief from requirement t_o disclose relevant and faterial information_..
Each NRC application requesting' an in camera presentation and relief from the requirement to disclose relevant and material information shall be submitted in writing by or on behalf of the NRC office having the informa-tion, shall be signed by or on behalf of the person responsible for releasing information from that NRC office, shall be marked "For jn camera presentation only" and shall include the following information, as appropriate:
- [a)h The information subject to the request, together with a brief l
summary of its nature and source; (b)(, A brief explanation why the information is relevant and r n.aterial to the pending adjudication; A brief statement indicating hcw the information relates to
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an inspection or investigation and the status of the inspection or investigation, including the estimated time of completion; h)'4. The confidential nature of the scurce from which the information was obtained;
'V (fd'5., A brief explanation why and to what extent disclosure of the info'rmation even under restriction or protective order will compromise or impede the conduct of an investigation or inspection, or reveal the identity or otherwise compromise a confidential source; ,
hft. The proposed relief requested.
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--9 2.795d. Request for relief; priority. %* 96 fl ypg }pice
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In any pending adjudication, etHtfC reques for relief from the
't requirement to disclose relevant and material information shall have 9 P,
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priority over other matters to be decided by the presiding officer.
R h e i o p M \'te, 'tduelvdby, 9 2.795e Notice of jn camera presentation.
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The presiding officer shall promptly notify all parties to a pending adjudication that an jn camera presentationyill be held. A notice in response to an NRC applicatio% p w kjRC otitccn requesting jn camera presentatio from the requirement to disclose relevant and material information shall be issued no later than five days after the request has been received. The notice shall state the purpose, timegand place of the jn camera presentation and the approximate date a decision concerning the disclosure or nondisclo-
- sure of the information subject to the presentation may be expected. The substantive content of the information shall not be disclosed.
2.795f in camera presentation; procedure.
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'(a) An j_n camera presentation shall be held no later than five days after issuance of the notice required by 6 2.795e.
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(b) Attendance at an i_n n camera presentation shall be limited exclu-sively to'the presiding officer and to appropriate NRC personnel.
(c) A verbatim transcript will be made of each jn_ camera presentation.
.52.7959Jecisiontorequirefullorpartialdisclosureortoprotect information; service.
(a) After in camera presentation and review of an NRCa request for relief from the disclosure requirement in % 2.795b and upon finding that the information subject to the request and presented jn camera is both relevant and material to the pending adjudication, the presiding officer shall decide, consistent with Conunission policy favoring full disclosure, whether the information merits protection to enable NRC to conduct an investigation or inspection fully and adequately or to protect the identity or otherwise preserve the integrity of a confidential source or whether the information must be disclosed. The decision may include any terms or conditions or be accompanied by any-protective orders deemed necessary or appropriate to protect the information, including but not limited to rescheduling or deferral of issues for hearing, specifying the manner, time, placegor persons
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to whom the information may be disclosed, or prohibiting disclosure of all or part of the information. A decision to require disclosure shall specify the information to be provided, the conditions, if any, under which the information is to be disclosed, and the reasons why prompt disclosure is required.
(b) Every decision requiring disclosure of the identity of a confiden-tial source or disclosure of information which could reveal the identity
I 4 or otherwise compromise a confidential source shall be certified to the Commission for review and shall state that the identity of a confidential i source or information relating to the identity or that would otherwise con. promise a confidential source may only be released by Comission order.
(c) The presiding officer shall serve a copy of the decision on the NRC office having the information to which the decision relates.
6 2.795h,N.RC_st_atement_of_ concurrence or objection; effective date of decision._
Within ten days after service of the decision, the NRC office may file a written statement of concurrence or objection to the decision. The decision shall become effective twelve days after the date of service, unless the decision discloses the identity or infomation relating to the identity or-that would otherwise compromise a confidential source, has been certifled
, totheCommissionforreview,or(6th'e'rwise{ pro .
s 2.795i Requirement to certify decision to Comission
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for review; automatic stay; notice of certif.ication.
(a) Every decision requiring disclosure if the identity or disclosure of information relating to the identity or that would otherwise compromise a confidential source shall be certified to the Comission for review. Every decision involving an unresolved disagreement between the presiding officer and the NRC office having the information to which the decision relates shall be certified to the Commission for review.
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(b) Every decision certified to the Comission for review is
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automatically stayed until the Comission has completed its review and issued a decision.
(c) The presiding officer shall promptly notify all parties to a pending adjudication that a decision relating to the disclosure or nondis-closure of information has been certified to the Comission for review. The notice shall state the reason for the certification, the certification date, and that, in accordance with 5 2.795k, any party to the pending adjudication may file a timely M camera brief with the Comission.
_l 2.795j Certificati_on record.
(a) Every decision certified to the Comission for review will be accompanied by a record which shall include, as appropriate, the NRC, applica-
% .M'n M C M i m tiongrecuesting relief from the disclosure requirement, including the information subject to the request, the verbatim transcript of the in camera
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presentation, and any MRC statement g of concurrence or objection. As provided in 6 2.795k, the record may be supplemented by in camera briefs.
(b) Pending review, the Comission will keep the decision certified for review and the record relating thereto in camera.
l 2.795k Inn camera briefs.
(a) -Within ten days after the certification date, the NRC office having the infomation to which the certified decision relates may file an 3 camera brief with the Comission. At the time the h camera brief is
17 -
filed, the NRC cffice shall notify the other parties to the pending adjudi-
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cation that an M camera brief has been submitted.
(b) Within seven days after the filing date of the NRC jn camera brief, any party to the pending adjudication may file an jn, camera reply j brief with the Commission.
5 2.7951 Commission review of certified decision.
(a) Upon its own initiative or upon request by or on behalf of the NRC office having the information, the Commission may conduct an in camera presentation on any matter certified to it for review under 9 2.795i.
(b) Afterreviewofthecertifieddecision,theaccompanyingrecord) and any i_n n camera briefs, the Comission shall decide, in accordance with thestandardsin52.795g,whethertoaffirm,reversegpramendthedecision.
As provided in 5 2.795g, the decision may include any terms or conditions or be accompanied by any protective orders deemed necessary or appropriate to protect thE information.
9 2.795m Protectedinformationandrelatedrecords.sealeld._
Unless and until publicly released, information protected from disclosure by a decision issued under 59 2.795g or 2.7951, together with the record of the 3 camera presentation relating thereto, shall be deemed sealed pending further order by the presiding officer or the Comission, as appropriate.
5 2.795n Release of protected information with NRC office consent or upon completion _of_jnyestigation_or inspection.
(a) Any NRC office having protected information may withdraw its objection and consent to the release of the protected information at any time by notifying the presiding officer or the Commission, as appropriate.
Upon notification of HRC office consent and except to the extent that disclosure may be prohibited by paragraph (b) of this secticn, the informa-tion may be released and included in the public record of the pending adjudication without further order.
-(b) Information protected from disclosure because it relates to an investigation or inspection, together with the record of the h camera-presentation relating thereto, shall, upon order of the presiding officer or the Commission, as appropriate, or without order as provided in paragraph (a) of this section, be released and included in the public record of the pending adjudication upon completion of the investigation or inspection or at the time the NRC office having the information consents to its release, whichever is earlier, unless (1) the decision authorizing protection of the information otherwise provides; (2) disclosure of the information will reveal the identity or otherwise compromise a coiifidential source; or (3) the information is exempt from public disclosure under 6 2.790 or 40 C,F.Re -
ll 9.5, 9.61, or 9.95 4 i b & @ v 5 2.7950 Prohibition against disclosure and use of protected information.~.
Unless and until publicly released, information considered during
.( K) review of an NRC request for relief from the disclosure requirement in
rc i c/
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19
' N i C e 19 2.795b, ( ) Commission review of a certified matter, or jj) any jn, camera presentation relating thereto, may not be disclosed in any adjudication and -
may not.be used in making any licensing or related regulatory decision. ,
Dated at Washington, D.C., this
- day of 19 _.
s For the Nuclear Regulatory Commission.
T Samuel J. Chilk, Secretary of the Commission.
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