ML20198G775
| ML20198G775 | |
| Person / Time | |
|---|---|
| Issue date: | 12/09/1998 |
| From: | Bangart R NRC OFFICE OF STATE PROGRAMS (OSP) |
| To: | GENERAL, MINNESOTA, STATE OF, OHIO, STATE OF, OKLAHOMA, STATE OF, PENNSYLVANIA, COMMONWEALTH OF, WISCONSIN, STATE OF |
| Shared Package | |
| ML20198G781 | List: |
| References | |
| SP-98-097, SP-98-97, NUDOCS 9812290168 | |
| Download: ML20198G775 (4) | |
Text
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2 NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001
Your attention is invited to the following:
INCIDENT AND EVENT INFORMATION.... . ..
PROGRAM MANAGEMENT INFORMATION...XX THE PROTECTION OF THE IDENTITY OF ALLEGERS FROM PUBLIC DISCLOSURE TRAINING COURSE INFORMATION.. ....... ..
TECHNICAL INFORMATION.. . ............. .....
OTH ER IN FORMATION.. ...................... ....
Supplementary information: As part of our process of referring allegations to Agreement States, we provide as much information as we can. When authorized by the alleger or when disclosure is necessary because of an overriding safety issue, we will provide the name and other personal information concerning the alleger. Our expectation is that there would be limited distribution of such documents and that the State would have the legal authority and would make all reasonable efforts to protect the identity of the alleger. However, some questions have been raised regarding the legal authority of some Agreement States to protect this information. For example, recently, an Agreement State requested that when we refer allegations that we clearly mark the package and documents with the statement, "Please keep confidential." The State indicated that without these markings that their regulations would require that all documents be released to the public, which may include the alleger's identity.
However, under the Nuclear Regulatory Commission (NRC) regulations and practices, the term
" confidential" has a very specific meaning and most allegation-related documents are not classified as confidential. Therefore, we arc seeking information from all the Agreement States on their ability to protect allegation information, especially the identity of allegers from public disclosure.
The NRC policy with regard to the disclosure of an alleger's identity, as noted in Management Directive 8.8, Management of Allegations, is that the NRC intends to take all reasonable efforts not to disclose the identity of an alleger outside the agency, including the purging of names and other potential identifiers of allegers in information provided under the Freedom of Information Act, to the extent consistent with the act. There are limited instances in which the NRC discloses an alleger's identity. They are:
- The alleger has clearly indicated no objection to being identified.
- Disclosure is necessary because of an overriding safety issue.
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l SP-98 097 DEC - 01998 e Disclosure is necessary pursuant to an order of a court or NRC adjudicatory authority or to inform Congress or State or Federal agencies in furtherance of l NRC responsibilities under law or public trust.
- Disclosure is necessary in furtherance of a wrongdoing investigation, including an investigation of harassment and intimidation allegation.
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- Disclosure is necessary to support a hearing on an enforcement matter. l l
- The alleger has taken actions that are inconsistent with and override the purpose of protecting the alleger's identity.
Is your State's policy with regard to protecting alleger's identity similar to that of the NRC described above? Please provide information regarding your State's laws, procedures or policies regarding the disclosure of an alleger's identity. For example, some States require l specific labeling of allegation material received from the NRC in order to withhold documents in accordance with individual State public disclosure laws. We request information about whether your State laws contain requirements for labeling, or whether specific labeling would assist in meeting the intent of the NRC label, " Sensitive Allegation Material," and the protection of an alleger's identity. In addition, a copy of the pertinent State law, procedure and/or policy regarding the public disclo-sure of this information is requested.
We would appreciate a response to this letter by January 22,1999. If you have questions regarding this correspondence, please contact me, or the individual named below.
1 POINT OF CONTACT: Cardelia H. Maupin TELEPHONE: (301) 415-2312 FAX: (301) 415-3502 INTERNET: CHM @ NRC. GOV '
This information request has been approved by OMB 3150-0029, expiration April 30,2001.
The estimated burden per response to comply with this voluntary collection request is 3 hours3.472222e-5 days <br />8.333333e-4 hours <br />4.960317e-6 weeks <br />1.1415e-6 months <br />.
Forward any comments regarding the burden estimate to the information and Records Branch (T-6 F33), U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, and to the Paperwork Reduction Project (3150-0052), Office of Management and Budget, Washington, DC 20503. If a document does not display a currently valid OMB control number, the NRC may not conduct or sponsor, and a person is not required to respond to, a collection of information.
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Richard L. Bangart, Director [
Office of State Programs -
}.. . SP 097 0EC - g 1993 o Disclosuro -s nresssary pursuant to an order of a court or NRC adjudicatory authority or to inform Congress or State or Federal agencies in furtherance of NRC responcibilities under law or public trust.
1
- Disclosure is necessary in furtherance of a wrongdoing investigation, including '
an investigation of harassment and intimidation allegation.
l e Disclosure is necessary to support a hearing on an enforcement matter.
- The alleger has taken actions that are inconsistent with and override the purpose of protecting the alleger's identity.
Is your State's policy with regard to protecting alleger's identity s!milar to that of the NRC described above? Please provide information regarding your State's laws, procedures or policies regarding the disu.osure of an alleger's identity. For example, some States require specific labeling of allegation material received from the NRC in order to withhold documents in accordance with individual State public disclosure laws. We request information about whether your State laws contain requirements for labeling, or whether specific labeling would assist in meeting the intent of the NRC label," Sensitive Allegation Material," and the protection of an alleger's identity. In addition, a copy of the pertinent State law, procedure and/or policy regarding the public disclosure of this information is requested.
We would appreciate a response to this letter by January 22,1999. If you have questions regarding this correspondence, please contact me, or the individual named below.
POINT OF CONTACT: Cardelia H. Maupin TELEPHONE. (301) 415-2312 FAX: (301) 415-3502 INTERNET: CHM @NRC. GOV This information request has been approved by OMB 3150-0029, expiration April 30,2001.
The estimated burden per response to comply with this voluntary collection request is 3 hours3.472222e-5 days <br />8.333333e-4 hours <br />4.960317e-6 weeks <br />1.1415e-6 months <br />.
Forward any comments regarding the burden estirnate to the Information and Records Branch (T-6 F33), U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, and to the Paperwork Reduction Project (3150-0052), Office of Management and Budget, Washington, DC 20503. If a document does not display a currently valid OMB control number, the NRC may not conduct or sponsor, and a person is not required to respond to, a collection of information.
OrigM Signed By fMCHARD L BANGART Richard L. Bangart, Director Office of State Programs Distribution:
- DIR RF DCD (SP03)
SDroggitis PDR (YES )
HN:wsome A/S File DOCUMENT NAME: G:\ CHM \ SP98097.WPD ,,
- SEE PREVIOUS CONCURRENCE.
T1 receive a cop r of this document,Indicato in the box: "C"= Corh Mr t attachment / enclosure "E" = Copy with attachment /encinture "N" = No copy OFFICE OSP l OSP@/ NRR l OSP:p7 4 l l NAME CHMaupin:gd:nb PHLohat,ih M EBaker RLBangaltMo DATE 12/03/98* 12/ ' /98 12/03/98*vuum 12/ Oi )/98 OSP FILE CODE: SP-A-4
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o Disclosure is necessary pursuant to an order of a court or NRC adjudicatory authority or to inform Congress or State or Federal agencies in furtherance of NRC responsibilities under law or public trust.
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- Disclosure is necessary in furtherance of a wrongdoing investigation, including an investigation of harassment and intimidation allegation.
- Disclosure is necessary to support a hearing on an enforcement matter.
- The alleger has taken actions that are inconsistent with and override the purpose of protecting the alleger's identity, is your State's policy with regard to protecting alleger's identity similar to that the NRC described above? Please provide information regarding your States laws, cedures or l policies regarding the asclosure of an alleger's identity. For example, so States require specific labeling of allegation material received from the NRC in order t ithhold documents in accordance with individual State public disclosure laws. We would appreciate knowing if your State laws contain requirements for labeling, or whether specific'lahnling would assist in meeting the intent of the NRC label, " Sensitive Allegation Material /'ar ma protection of an alleger's identity. In addition, a copy of the pertinent State law, procedure and/or policy regarding the public disclosure of this information would be greatly appreciated.
We would appreciate a response to this letter by January ,1999. If you have questions regarding this correspondence, please contact me, or the' individual named below.
POINT OF CONTACT: Oa delia H. Maupin TELEPHONE: '(301) 415-2312 FAX: (301) 415-3502 INTERNET: CHM @NRC. GOV This information request has been approve by OMB 3150-0029, expiration April 30,2001.
The estimated burden per response to comply with this voluntary collection request is 3 hours3.472222e-5 days <br />8.333333e-4 hours <br />4.960317e-6 weeks <br />1.1415e-6 months <br />.
Forward any comments regarding the bu'rden estimate to the Information and Records Branch (T-6 F33), U.S. Nuclear Regulatory Co'mmission, Washington, DC 20555-0001, and to the Paperwork Reduction Project (315p'0052), Office of Management and Budget, Washington, DC 20503. If a document does r)ot display a currently valid OMB control number, the NRC may not conduct or sponsor, and a person is not required to respond to, a cc'lection of information.
Richard L. Bangart, Director
/ Office of State Programs Distribution: /
DIR RF DCD (SP03)
SDroggitis j
PDR (YES/)
! HN:wsome A/S File
/
p/
DOCUMENT NAME: G:\ CHM \lDENTITY.WPD Ta receive a copy of this document, Indicate in the box: "C"- Copy without attachment / enclosure "E" = Copy with attachment / enclosure "N" = No copy OFFICE OSP h l '
OSP:DD l OSP:D l l l NAME CHMaupinkfT PHLohaus RLBangart DATE 12/ h /98 12/ /98 12/ /98 l OSP FILE CODE: SP-A-4