ML20136B643
| ML20136B643 | |
| Person / Time | |
|---|---|
| Issue date: | 05/02/1985 |
| From: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| To: | Dircks W NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| Shared Package | |
| ML19310G510 | List:
|
| References | |
| FRN-48FR36358, RULE-PR-2 AB78-1-036, AB78-1-36, NUDOCS 8511200255 | |
| Download: ML20136B643 (3) | |
Text
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ACTION - GCunningham, ELD UNITED STATES Cys: Dircks 8"/ pang %'l NUCLEAR REGULATORY COMMISSION Roe b d E W ASHINGTON, D.C. 20SS5 Rehm Bao Stello
$ rUN May 2, 1985 JMapes
'%***** Denton OFFICE OF THE 08Vis SECHETARY Minogue Taylor IMOPANDUM EOR: William J. Dircks, Executive Director Kerr, SP for Operations Norry g Felton Philips FI O i: J amuel J. Chilk retary Besaw
SUBJECT:
STAFF REQUIPIMENTS-SECY-85 RELATIOFSHIP Shelton BUIWEEN INVESTIGATIONS / INSPECTIONS AND Regions I-V AIXTUDICATIONS (SECY-84-276/276A) - PROPOSED AMENDMENT 'IO 10 CFR PARIS 0 AND 2 ESTABLISHING SPECIAL EX PARTE IN CAMERA PROCEDURES FOR RESOLVING CONFLIC55 CONCERNING THE DISCIOSURE OR NON-DISCIDSURE OF INEOIWATION The Camission by a vote of 5-0, has approved for publication the notice of proposed rulemaking in Enclosure 1 of SECY-85-20, that would make conforming amendments to 10 CFR Parts 0 and 2 and add special procedures to 10 CFR Part 2 for resolving conflicts concerning the disclosure or non-disclosure of information in accordance with the guidance contained in the Cm mission's Statement of Policy on Investigations, Inspections and Adjudicatory Proceedings.
The Cmmission (with Ccmnissioners Asselstine and Bernthal disagreeing) requests the following modifications to the text of the proposed rule:
- Delete the sentence "We sole function of these procedures is to protect NRC Information.", as it appears in the last paragraph on page 3 of the Statement of Considerations.
- Delete references to sanctions on employees in the discussion of the proposed rule in the statement of considerations (full paragraph on page 11), and the references to sanctions in the draft rule (part 0-Conduct of anployees, S2(b) and S3(c)).
You should make the indicated revisions and return the proposed rule for signature and publication in the Federal Register.
(EID) (SECY Suspense 5/17/85)
We Cmmission has further voted 3-2 (Cmmissioners Asselstine and Bernthal disagreeing) to disapprove for issuance at this time the draft SRM (Enclosure 2) on sanctions to be imposed on NRC and special Government employees who disclose certain categories of information not subject to the protection of a protective order.
A majority of the Cm missioners desire to consider the question of sanctions on NRC and special Government employees as a separate rulemaking item. The staff accordingly should provide a paper to the Rec'd Cf f. EDO 8511200255 851115 Data...137 U.)e.wame.
PDR PR y******"""
2 48FR36358 PDR m
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.- William J. Dircks Ccumission for consideration which would include in addition to the categories of sensitive information identified in the draft SEM (Enclosure 2) other types of sensitive information such as adjudicatory transcripts. Canmissioner Asselstine, although not concurring in this approach does not oppose it. Comnissioner Bernthal would like to see the proposed rule in Enclosure 1 of SECY-85-20 published for conment with the sanction provisions included therein.
(EW) (SECY Suspense: 5/31/85) cc: Chairman Palladino Commissioner Roberts Commissioner Asselstino Commissioner Bernthal Commissioner Zech OGC OPE L
- ' UNITED STATES
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8 o NUCLEAR REGULATORY COMMISSION WASHINGTON, D. C. 20555 i
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FROMI CHILK DOCUMENf DATE: DATE RECEIVED TASK BASIS NO:
05/14/85 856684 SECY '
PENDINCi BEFONE:
CLASS: BLUE FACILIiY:
DESCRIPTION: I RE.FERHED '10: RECEIVED:
RELATIONSHIP BETl4EEN l OLMSTEAD INVESTIGATIONS / INSPECTIONS AND l MAPES ) [ od/14/85 05/14/85 ADJUDICATIONS (SECY-84-276/276A) 1 PRPOPOSED AMDT TO 10 CFR PARTS O AND 2 1 ESTABLISHING SPECIAL EX PARTE IN CAMERA l _
l REMARKS: l l
11EMO FM CHILK TO DIRCKS l l
'DUE DATE: 05/31/85
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COMMENTS: