ML20136F673

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Correction Notice to Secy 85-020,forwarding Draft Staff Requirements Memo (Encl 2) Re Unauthorized Disclosure of Info
ML20136F673
Person / Time
Issue date: 01/31/1985
From:
NRC OFFICE OF THE SECRETARY (SECY)
To:
Shared Package
ML19310G510 List:
References
FRN-48FR36358, RULE-PR-2 AB78-1-033, AB78-1-33, SECY-85-020, SECY-85-020-ERR, SECY-85-20, SECY-85-20-ERR, NUDOCS 8502070369
Download: ML20136F673 (3)


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JANUARY 31, 1985 C O R R E- C T I O N N O T I C E L

TO ALL HOLDERS OF SECY-85 RELATIONSHIP BETWEEN INVESTIGATIONS / INSPECTIONS AND ADJUDICATIONS (SECY-84-276/276A) - PROPOSED AMENDMENTS TO 10 CFR PARTS 0 AND 2 ESTABLISHING SPECIAL EX PARTE

'IN CAMERA PROCEDURES FOR RESOLVING CONFLICTS CONCERNING THE DISCLOSURE OR NONDISCLOSURE OF INFORMATION (COMMISSION ACTION ITEM)

, ENCLOSURE 2 WAS INADVERTENTLY OMITTED ON SOME COPIES OF SECY-85-20. PLEASE CHECK YOUR COPY AND IF MISSING, PLEASE ATTACH ENCLOSURE 2.

ATTACHMENT:

AS STATED THE SECRETARIAT

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I ENCLOSURE 2  :

Draft Staff Requirements Memorandum 9

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. .s Draft Staff Recuirements Memorandum MEMORANDUM FOR: William J. Dircks Executive Director for Operations FROM:- Samuel J. Chilk Secretary of the Commission - -

SUBJECT:

UNAUTHORIZED DISCLOSURE OF INFORMATION - -

The Commission directs the staff to develop for Commission consideration a

-proposed rule which would pennit the imposition of administrative sanctions against NRC employees and special Government employees who knowingly disclose to unauthorized persons investigatory, national security, proprietary:and '--

safeguards information that is not the subject of a protective order. The Commission has already approved publication of a proposed rule covering unauthorized disclosure of such information when it is the subject of a protective order.

Please submit the proposed rule to the Commission within three months.

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UNITED STATES 3,, 3 NUCLEAR REGULATORY COMMISSION

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% September 12, 1984 CFFICE OF THE SECRETARY t

MEMORANDUM FOR:- William J. Dircks, Exec ive Director for Operations ,

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FROM: Samuel'J. Chilk, Secr

SUBJECT:

RELATIONSHIP BETWEEN Il IVgiTIGATIONS/

INSPECTIONS AND ADJUDICATIONS j (SECY-84-276/276A)

The Commission has adopted a Statement of Policy on the procedures to be followed in resolving the potential conflict between the duty to disclose information to adjudicatory boards and parties and the need to protect information obtained in investigations and inspections.

However, because the in camera procedures being adopted are a departure from normal Commission practice, the Commission believes it would be desirable for them to be implemented through a rulemaking.

Accordingly, the Commission requests that you implement the procedures in the Policy Statement through a rulemaking.

You should proceed to issue a proposed rule (based upon the i policy statement) for comment and prepare a final rule for Commission consideration following analysis of the comments received. Should you need additional guidance in pre-paration of the proposed rule (beyond the Policy Statement) you should consult with the Commission.

(EDO/ ELD) (SECY Suspense: Issue proposed rule: 12/15/84)

Final rule to Commission: 3/30/85) i 1

cc: Chairman Palladino Commissioner Roberts

, Commissioner Asselstine Commissioner Bernthal

< Commissioner Zech OGC OPE l

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RESPONSE SHEET j'/

y>f T0: SAMUEL J. CHILK, SECRETARY OF THE COMMISSION W j.

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FROM:_ COMMISSIONER ZECH ggons7mD SECY-85 RELATIONSHIP BETWEEN INVESTIGATIONS / INSPECTIONS dh SUBJECT-*

AND ADJUDICATIONS (SECY-84-276/276A) - PROPOSED AMENDMENTS TO 10 CFR PARTS 0 AND 2 ESTABLISHING SPECIAL EX PARTE IN CAMERA PROCEDURES FOR RESOLVING CONFLICTS CONCERNING THE DISCLOSURE OR NONDISCLOSURE OF INFORMATION APPROVED / p 6 W DISAPPROVED ABSTAIN' w.

i NOT PARTICIPATING REQUEST DISCUSSION

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COMMENTS:

Recommendations: (1) Agree with the proposed rule, but without the amendments to the rules concerning sanctions against NRC employees if they violate terms of the protective order. (2) Do not issue the draft staff requirements memorandum in Enclosure 2.

Neither the sanctions against NRC employees for the disclosure of information which is the subject of a protective order nor the staff requirements memorandum in Enclosure 2 which concerns sanctions against the staff for any unauthorized disclosure of information were included in the. Commission guidance to the staff on 9/12/84 (copy attached).

I believe those matters should be considered separately. I see no reason why NRC employees should be singled out for possible sanctions. The representatives of others who may be involved in the proceeding may also, without authorization, disclose information. If we are going to have a rule, it should cover all concerned.

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SIGMlURip February 6,1985 l UAIL l SECRETARIAT NOTE: PLEASE.ALSO RESPOND TO AND/OR COMMENT ON OGC/0PE MEMORANDUM IF ONE HAS BEEN ISSUED ON THIS PAPER.

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