ML20136B292
| ML20136B292 | |
| Person / Time | |
|---|---|
| Issue date: | 11/14/1984 |
| From: | Jennifer Davis NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | Olmstead W NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| Shared Package | |
| ML19310G510 | List:
|
| References | |
| FRN-48FR36358, RULE-PR-2 AB78-1-019, AB78-1-19, NUDOCS 8511200177 | |
| Download: ML20136B292 (2) | |
Text
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E NUCLEAR REGULATORY COMMISSION -
- WASHINGTON, D. C. 20555 )
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NOV 14 1984 MEM0MNDUM FOR: William J. Olmstead
, Director and Chief Counsel Regulations Division Office of the Executive Legal Director FROM: John G. Davis, Director
' Office of Nuclear Material Safety and Safeguards J
SUBJECT:
NRC STATEMENT OF-POLICY ON INVESTIGATIONS, INSPECTIONS AND. ADJUDICATORY' PROCEEDINGS - INITIATION OF RULEMAKING TO ESTABLISH-SPECIAL PROCEDURES FOR RESOLVING CONFLICTS CONCERNING THE DISCLOSURE OR NONDISCLOSURE OF INFORMATION I '.NMS.S'has reviewed t.he draft notice of proposed rulemaking forwarded by your; memorandum of October 22,1984. We are~1n agreement with the proposed-
. pa pe r. with the exceptions noted in the following comments.
' Proposed Section-2.7950.contains a prohibition against use of protected r y e o'-
information in making any licensing or related regulatory decision unless # " Pr*4 -
and until the information is publicly released. We do not believe that
~
public release should be a necessary ' criterion in all cases.
There may be situations in which, for example, the:information.is classified
_ Oor proprietary and should therefore not be publicly released. If, after completion of- proceedings on the staff's application for protection from
' disclosure,' the information,' although not. publicly released, is subsequently made available to all parties under appropriate-protective orders, due -
process and other concerns would be satisfied and in such a' situation the information should be available for use in' making the regulatory or licensing decision. We~ suggest that the .first phrase'of proposed Section 2.7950 be 1 amended to read "Unless and until publicly released or otherwise made available to the parties, . . ."
The Paperwork ~ Reduction Act ~ Statement on page 7 should be amended to simply %44, state: "The proposed rule contains no information collection requirements m.A
.. subject to 0MB. approval under. the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et' seq.)."
, None of tihe provisions of the rule, including Section 2.795c, cited in the
- current statement, meet' the definition of a " collection of information" under the Paperwork Reduction Act, with the possible exception of the 8511200177 851115 PDR PR 2_ 48PR36358 PDR
William J. Olmstead 'r. allowance for a reply brief in Section 2.795k(b). That is the only provision for submission of anything by anyone outside NRC, and that provision for a reply brief would be exempt from the coverage of the Paperwork Reduction Act under 44 U.S.C. 3518(c)(1)(B)(ii). The requirements which would be imposed only on NRC and its own officers and employees are not " collections <
of information" subject to the Act. 44 U.S.C. 3502(4).
i -
$, s l
Mohn G. Davis, Director
' Office of Nuclear Material Safety and Safeguards O
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