ML20136F794
| ML20136F794 | |
| Person / Time | |
|---|---|
| Issue date: | 02/08/1985 |
| From: | NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | |
| Shared Package | |
| ML19310G510 | List:
|
| References | |
| FRN-48FR36358, RULE-PR-2 AB78-1-035, AB78-1-35, SECY-85-020-ERR, SECY-85-20-ERR, NUDOCS 8502260418 | |
| Download: ML20136F794 (3) | |
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_ 19 permit.
For the purposes of this section, the term " proceeding on the
-record then pending before the NRC" shall include any application or
' matter which has been noticed for hearing or concerning which.a hearing F
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.has been requested pursuant to this part.
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In Subpart G, immediately following i 2.790, a new center heading and I
new sections 2.795a through 2.795k are added to read as follows:
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SPECIAL PROCEDURES FOR RESOLVING CONFLICTS CONCERNING l
THE DISCLOSURE OR NONDISCLOSURE OF INFORMATION RELATING TO h
AN'NRC INVESTIGATION OR INSPECTION OR TO THE IDENTITY OF A CONFIDENTIAL h
INFORMANT AND DEEMED RELEVANT AND MATERIAL TO A PENDING ADJUDICATION 1
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l 2.795a Applicability of special procedures; official file.
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(a) Sections 2.795a through 2.795k specify procedures for resolving conflicts concerning the disclosure or nondisclosure of information relating to an investigation or inspection or to the identity of a confidential infomant 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 infomation in a pending adjudica-tion and the NRC office having the information believes that disclosure of k
the infomation without a protective order would prejudice an investigation or inspection or reveal the identity of a confidential informant.
(b) As used in il 2.795a through 2.795k, the term " presiding officer" includes an administrative judge, an administrative law judge, an Atomic Safety and Licensing Board, and an Atomic Safety and Licensing Appeal Board.
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(c) Unless and until publicly released, all documents required by or relating to the special procedures in il 2.795a through 2.795k shall bear the docket number and title of the proceeding, be marked "Not For Public Disclosure - Protected Under 10 CFR 95 2.795a - 2.795k," and transmitted to the Secretary in sealed double envelopes for deposit in the protected,
section of the official docket file.
o i 2.795b Requirement to disclose relevant and material information.
Infomation relating to an investigation or inspection or to the identity of a confidential informant and deemed relevant and material to a pending adjudication shall be disclosed to the parties to the adjudication by the NRC office having the infomation unless that NRC office requests the presiding officer by motion to issue a protective order imposing conditions upon the manner in which the infomation is disclosed or withholding the infomation from disclosure because disclosure without a protective order would prejudice an inspection or investigation or reveal the identity of a confidential infomant.
5 2.795c Motion for protective order; notice of motion.
(a) A motion for a protective order to impose conditions on or to withhold disclosure of infomation shall be addressed to the presiding officer by the NRC office having the infomation. At the time a motion is made and without revealing the substance of the information subject to l
the motion, the NRC office shall notify the parties to the adjudication and the Director, Division of Rules and Records, Office of Administration, U.S.
Nuclear Regulatory Commission, that a protective order to impose conditions l
on or to withhold disclosure of information has been requested.
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&g N 0"T"I T'I'0 N V0TE cc: unircks JRoe NESPONSE SHEET GCunningham g/l T0:
SAMUEL J. CHILK, SEbRETARY OF THE COMMISSION FROM:
COMMISSI0NER BERNTHAL SECY-85 REIATIONSHIP BETWEEN INVESTIGATIONS / INSPECTIONS SUBJECT'* AND ADJUDICATIONS (SECY-84-276/276A) - PROPOSED AMEN TO 10 CFR PARTS 0 AND 2 ESTABLISHING SPECIAL EX PARTE IN CAMERA PROC S FOR RESOLVING CONFLICTS CONCERNING THE DISCLOS OR NONDISCLOSURE OF INFORMATION APPROVED DISAPPROVED ABSTAIN NOT PARTICIPATING REQUEST DISCUSSION COMMENTS:
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/ UAlt SECRETARIAT NOTE:
PLEASE.ALSO RESPOND TO.AND/OR COMMENT ON OGC/0PE MEMORANDUM IF ONE HAS BEEN ISSUED ON THIS PAPER.
NRC-SECY FORM DEC. 80
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