ML20136B330
| ML20136B330 | |
| Person / Time | |
|---|---|
| Issue date: | 12/03/1984 |
| From: | Cotter B Atomic Safety and Licensing Board Panel |
| To: | Mapes J NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| Shared Package | |
| ML19310G510 | List:
|
| References | |
| FRN-48FR36358, RULE-PR-2 AB78-1-023, AB78-1-23, NUDOCS 8511200186 | |
| Download: ML20136B330 (1) | |
Text
/tto la) p mv EdGH t . "% UNITED STATES f .- E NUCLEAR REGULATORY COMMISSION E ^$ ATOMIC SAFETY AND LICENSING BOARD PANEL
?,
/ WASHIN GTON, D.C. 20555 December 3, 1984 -
i MEMORANDUM FOR: Jane R. Mapes-Regulations Division ELD f
FROM: B. Paul Cotter, Jr.
Chief Administratici Judge
SUBJECT:
CONFORMING ADMENDMENTS RELATED TO PROPOSED N0NDISCLOSURE REGULATIONS We see nothing substantively wrong with your proposed conforming amendments, but we do question whether they are necessary or whether they merely. contribute to the proliferation of cryptic cross-references in the Rules of Practice.
- 1. Scope of discovery. The statement that parties may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the proceeding, has never been construed as being absolute either in the context of the Federal Rules of Civil Procedure or our 6 2.740. It is always subject to limitation by the presiding officer under appropriate circumstances, generally by protective order. Essentially, all the new rules do is establish the procedures for obtaining a particular type of highly restrictive protective order. We do not see any likelihood that the general provisions of 5 2.740 could be construed as overriding the specific requirements of the new rules. The cross-references really are unnecessary.
- 2. Ex parte communications. Since it is the Commission's position that the type of ex parte proceedings proposed for the handling of" nondisclosure issues are authorized by existing case law as well as by the new regulations themselves, subsection (d) of 9 2.780 would seem to be sufficient to exempt those procedures from the general ex parte prohibitions. If you feel that some reference to the new required, then we suggest that it be put in subsection (d)rather procedures t.oan is insubsection(a)asproposed, cc: Ronald M. Smith, 0IA Robert M. Lazo, ASLBP Bill Ward, 01 Rick Levi, OGC Nita Beeson, Rules & Records, ADM Lawrence J. Chandler, OELD Joseph R. Gray, OELD 0511200186 851115 PDR PR 2 48FR36358 PDR