ML20138N163
| ML20138N163 | |
| Person / Time | |
|---|---|
| Issue date: | 12/11/1985 |
| From: | Harold Denton Office of Nuclear Reactor Regulation |
| To: | Office of Nuclear Reactor Regulation |
| Shared Package | |
| ML20137U825 | List: |
| References | |
| NUDOCS 8512230392 | |
| Download: ML20138N163 (2) | |
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UNITED STATES f
I NUCLEAR REGULATORY COMMISSION 7,
' :. E WASHINGTON. D. C. 20555 1
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DEC11 Mi MEMORANDUM FOR:
All NRR Employees l
FRON:
Harold R. Denton, Director Office of Nuclear Reactor Regulation i
SUBJECT:
NRP 0FFICE LETTER NO. 48 PROTECTION OF UNIT-SPECIFIC N?RDS DATA l
Tnis letter contains cuidance on the confidentiality of NPRDS unit-seccific
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data and the conditions under which such data car; be released to the public.
The determination that NPRDS unit-specific data constitute confidential commercial information and therefore are exempt from public disclosure was made in response to a request from INP0 to protect such information under 10 CFR 2.790. However, even though NPRDS data are proprietary in nature, they can be made public if they were used as the basis for a specific regulatory decision and the NRC decides (at the Office Director level) that it is in the public interest to release them. Accordingly, the NRC interprets the phrase 1
- specific regulatory decision" to include both decisions which result in soccific regulatory action being taken, such as the issuance of ccnstruction oermits, operating licenses, amendments, bulletins, orders, or information notices; and decisions where a documented analysis concludes that no action l
is necessary (e.g., a generic study indicates there is no safety concern requiring regulatory action).
l TPRDS unit-specific data can be released if the data fom a basis for the regulatory decision in a documented NRC study addressing a safety concern and an NRC Office Director detemines that the public's right to know that basis outweighs the need for protection of the infomation. Unless a compellino s fety reason dictates otherwise, IMPO should be notified it. advance of the F cecision to make the specific data public on_a giver date.
Several ocints should be kent in mind with regard to this cetemination regarding NPRDS:
1.
The specific NPRDS data to be treated as proprietary are only plant or utility-specific NPRDS data (referred to as " unit-specific data") reported subsequent to January 1,1982. Other data, for example, generic failure rates of specific components, can be publicly disclosed. Moreover, the staff should strive to the extent possible to structure reports and data so as to avoid the need to designate the report as proprietary.
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2.
Data should only be released if an NRC Office Director detemines that the public's right to know the basis for a regulatory
'j'f decision warrants the release of the data.
Proprietary NPRDS data should not be included in reports that are routinely g ' 'f released to the oublic.
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8512230392 851216 PDR ORG EPSINPO L
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DEC1 1 585 -
health and safety considerations)y NPRDS data (absent urgent In all cases involving proprietar 3.
, prior to any public disclosure, NRC is to notify INP0 of the agency's decision and the date of disclosure, thus providing INP0 an opportunity to exercise their legal rights regarding such disclosure. Thirty days advance notice is recommended.
4.
Letters to INP0 notifying them of the Office Director's decision to release unit-specific NPRDS data should be signed out by the Office Director after receiving ELD concurrence. The Director, Regional Operations and Generic Requirements Staff, DEDR0GR, should be on distribution for all correspondence regarding the release of NPRDS unit-specifir iata.
Finally, this determination should not in any way change or affect the technical use of NPRDS data in the activities conducted by the NRC staff or NRC contractors to carry out the agency's responsibilities. Any requests from the public for NPRDS data should be handled in accordance with established policies and practices covering proprietary data.
Original signedIg'
. IllL Besten /
Harold R. Denton, Director Office of Nuclear Reactor Regulation DISTRIBUTION YELLOW TICKET 859317 Central File w/ incoming NRC PDR w/ incoming NSIC w/ incoming ORAS Rdg HDenton/DEisenhut WDircks OELD GHolahan MVirgilio FBrenneman DMossburg (w/ incoming sheet and yellow folder)
PPAS
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- Previously concurred
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dhkPPAS ORAS*
C:0 RAS
- D:0 RAS
- D D/N FBrenneman:dm MVirgilio GHolahan JFunches D
HDd on 12/3/85 12/04/85 12/05/85 12//C/85 12{c)/85 12/g /85
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