ML20197C954
| ML20197C954 | |
| Person / Time | |
|---|---|
| Issue date: | 09/19/1997 |
| From: | Shirley Ann Jackson, The Chairman NRC COMMISSION (OCM) |
| To: | Hoyle J NRC OFFICE OF THE SECRETARY (SECY) |
| References | |
| NUDOCS 9712240307 | |
| Download: ML20197C954 (2) | |
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UNITED STATES Io, NUCLEAR REGULATORY COMMISSION 3 RELEASED TO THE PDR 8,
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cas inm2 CHAIRMAN September 19,1997 I
MEMORANDUM TO.
John C. Hoyle, Secretary Shirley Ann Jackson j e
FROM:
SUBJECT:
COMNJD 97 006-COMMISSION PROCEDURES:
FURTHERISSUES This memorandum responds to Commissioner Diaz' September 10,1997, memorandum, COMNJD 97-006, titled, Commission Procedures: Further lasues.
I concur with Commissioner Diaz that consistent with 10 C.F.R. 2,780(c) we should serve Congressional letters that contain ex carte communications regarding pending adjudicatory matters promotly on the parties, instead of our usual practice of waiting until after we have issued (and served) a response to the Congressionalletter, Regarding Commissioner Diaz' view that Commission practice should be to serve the parties pmmally when we receive ex carte communications, regardless of their source. I note that there may be some rare, unique, and special circumstances where this approach may not be practical or the best approach. For example, in the ongoing Louisiana Energy Services (LES) case, SECY, informed my staff that the Licensing Board treated more than 2,000 cards, letters, and postcards from the pukhg as lim;ted appearance statements during the pendancy of the Board's actions in the case, decided to hold this correspondence until the end of the case, requested SECY to place the correspondence on the docket, and requested SECY to serve a memornadum on the parties indicating that the correspondence was placed on the docket (with which SEGY complied). Under this approach, the parties could review the voluminous material on the ducket if they so chose. SECY has advised that it will provide a memorandum to the Commission shortly that will describe the procedures used in the LES case and otner pertinent proceduralissues.
I agree with Ccmmissioner Diaz that we should release SRMs for COMSECYs consistent with our practice for releasing SRMs related to SECY papers, ir.that they represent final Commission decisions.
Like Commissioner Diau, I feel that the NRC should release most COMSECYs in the spirit of openness and accountability to the public. I however, do not agree that we should release COMSECYs mutinelv. consistent with our practice of not releasing SECY papers mV.tinely it is my view that we should carefully review COMSECYs before deciding to release them to ensure in appropriate cases that we do not rel3ase ongoing investigatory information, classified D$
1 information, proprietary information, personal privacy information, safeguards !nformation, harmful predecisionalinfo'mation, or other types of similar information. In my opinion, SECY lk b:'
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2 should notify the office that origineted the COMSECY before releasing that COMSECY, and should also ensure that it drafts SRMs so that they do not contain proprietary, personal privacy, ongoing investigatory, and similar type informatiott.
Additionally, I have no objection to Commissioner Diaz' suggestion for a systematic review of Commission procedures. SECY has indicated that it already planned to perform such a review.
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Commissioner Dieus l
Commissioner Diaz Commissioner McGaffigan s
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