ML20197C617
| ML20197C617 | |
| Person / Time | |
|---|---|
| Issue date: | 12/13/1985 |
| From: | Hayes B NRC OFFICE OF INVESTIGATIONS (OI) |
| To: | Asselstine, Palladino, Roberts NRC COMMISSION (OCM) |
| Shared Package | |
| ML20197C372 | List: |
| References | |
| FRN-49FR30726, RULE-PR-50, RULE-PR-73 AA36-2-029, AA36-2-29, AB17-2-27, NUDOCS 8611060302 | |
| Download: ML20197C617 (2) | |
Text
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December 13, 1985 MEMORANDUM T0: Chairman Palladino Commissioner Roberts Commissioner Asselstine Commissioner Bernthal Commissioner Zech FROM: Ben B. Hayes, Director Office of Investigations
SUBJECT:
INSIDER SAFEGUARDS RULES (SECY-85-381)
As the evolution of the subject rules predated the establishment of the Office of Investigations, we have had little opportunity to be involved with the prior review of any of'this material. Thus our comments on SECY-85-381 should be considered in that context.
Notwithstanding the foregoing, we believe the Rulemaking package to be an excellent Staff product and, with the exception of one relatively minor point, fully support the Staff's recommendation that the Commission approve the amendments set forth in Enclosures A-1, B-1, and C-1 as final rules subject to the minor change that we will discuss below. It is evident that this package is the product of considerable Staff effort that has resulted in a set of proposed rules that contribute to the increased protection of the public health and safety while avoiding overly prescriptive regulation.
The only portion of the proposed rules that troubles us is 10 CFR 73.56 (h)(4) which as currently written, (1) appears to limit access to the records main-tained b and (2) yappears licensees to NRC to limit inspectors access to such (and thusonly records may forexclude investigators),
purposes of determining compliance with the licensee's plan. The latter could be used by licensees to deny access to such information sought by 01 investigators during the course of investigations not directly related to these plans. Although it would appear likely that we could compel disclosure by order or subpoena, the better approach would be to rewrite this section so as not to condition NRC's right of access to these records.
We have discussed this matter with the Staff ~and have received assurances that the changes needed to assuage our concerns should be able to be accommodated.
Indeed, we have already discussed some draft changes that appear substantially
$10g302861104 30 49FR30726 pyg
The Commission 2 December 13, 1985 satisfactory to us. Consequently, we are confident that this matter will be resolved during the final draft that results from Connission action on this
- package.
cc: S. Chilk, SECY l
S. Connelly, 0IA l W. Dircks, ED0 j J. Davis, NMSS bec: Priscilla Dwyer, NMSS 1
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A Distribution:
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BWard:I g 01 RFortuna I
Hayes 85/12/ 85/12/ 85/12/[]h l
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