ML20198G791
| ML20198G791 | |
| Person / Time | |
|---|---|
| Issue date: | 12/03/1998 |
| From: | Baker E NRC |
| To: | Maupin C NRC |
| Shared Package | |
| ML20198G781 | List: |
| References | |
| NUDOCS 9812290171 | |
| Download: ML20198G791 (6) | |
Text
)[{4hia M:upin - Rei LETTdMT65YKTTYRPbXFTilT4G #X6753flDWOF ALLEGERibENYlTY Paga1 From:
Edward Baker To:
Cardelia Maupin Date:
Thu, Dec 3,199812:12 PM
Subject:
Re: LETTER TO STATES REGARDING PROTECTION OF ALLEGER IDENTITY Cardelia - My apologies for not responding sooner. I got your email the day before NT was installed so I had to archieve you message. Unfortunately, I then forgot about it until you called. Attached is a redline / strikeout version with my comments. Thanks for taking the lead on this issue.
Remeber in sending me email, you need to select from the address book or type out my full name. You can't use ETB any more.
CC:
Paul Lohaus, Richard Bangart
.v,
(
9812290171 981209 PDR STPRO ESQQEN PDR
, [Cirdgli; Maupin - agreement state id;ntity protection.wpd Pagf1]
ALL AGREEMENT STATES OHIO, OKLAHOMA, PENNSYLVANIA TRANSMITTAL OF STATE AGREEMENTS PROGRAM INFORMATION (SP-98-0 )
Your attention is invited to the following:
INCIDENT AND EVENT INFORMATION..
PROGRAM MANAGEME; :T INFORMATION...XX THE PROTECTION OF THE IDENTITY OF ALLEGERS FROM PUBLIC DISCLOSURE TRAINING COURSE INFORMATION.....
TECHNICAL INFORMATION.....
OTHER INFORMATION...
Supplementary information: As part of our process of referring allegations to Agreement States, we provide as much information as we can. !r the pr^"!&g cf terr!!"/c -'2ter! ! '-6&g the remer of the r"r;er. When authorized by the alleger or when necessary for the state to followup on the allegation, we will provide the name and other personal information concerning the alleger. ?!: hed 2-tt!p d 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 et te 9&re to protect the identity of the alleger te "'e p9"0. However, some concerns have been raised regarding the eMty legal authority of some Agreement State laws 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 NRC regulations and practices the term confidentiality has a very specific meaning and most allegation-related documents are not classified as confidential. In addition, it is not clear that the term provides any specific legal protection under the laws of the particular state. Therefore, we are seeking information from all the Agreement States on their ability to protect allegation material, especially the identity of allegers from public disclosure.
The NRC policy with regard to the disclosure of alleger 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 allegers identity. They are:---
} @trdph M;upin - agreement stats id;ntity protection.wpd Ta3Y{
SP-97-065 l The alleger has clearly indicated no objection to being identified.
e Disclosure is necessary because of an overriding safety issue.
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 j
NRC responsibilities under law or public trust.
)
Disclosure is necessary in furtherance of a wrongdoing investigation, including an e
j investigation of harassment and intimidation allegation.
l Disclosure is necessary to support a hearing on an enforcement matter.
e l
The alleger has taken actions that are inconsistent with and override the purpose e
of protecting the alleger's identity.
Is your State's policy with regard to protecting alleger's identity similar to that of the NRC l
described above? Please provide information regarding your States laws, procedures or policies regarding the disclosure of 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 would appreciate knowing if your State laws contain reet !ct!cn: er pre'e encer en requirements for labeling, or whether specific l
labeling would assist in meeting the intent of the NRC label, " Sensitive Allegation Material," and i
the protection of 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 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 i
FAX:
(301) 415-3502 l
INTERNET:
CHM @NRC. GOV l
l 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 snd 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.
'.,e }a}pliiMiUpin - rgreement stats id:ntity protection.wpd Page 3]
SP-97-065 Richard L. Bangart, Director Office of State Programs Distribution:
DIR RF LDCD (SP03)
SDroggitis PDR (YESf) (NO_)
Hnewsome 8S264 A/G File DOCUMENT NAME: G:\\ CHM \\lDENTITY.WPD* See previous concurrence.
To 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:DD l
l OSP.DD l
OSP:D l
NAME CHMAUPIN PLOHAUS RBangart DATE OSP FILE CODE: SP-A-4 a
PLEASE FORWARD IMMEDIATELY U. S. NUCLEAR REGULATORY COMMISSION OFFICE OF STATE PROGRAMS OFFICE OF STATE PROGRAMS FAX: (301) 415-3502 NUMBER OF PAGES: 3 including this page DATE:
DECEMBER 9,1998 TO:
RADIATION CONTROL PROGRAM DIRECTORS IN PENNSYLVANIA AND RHODE ISLAND FROM:
RICHARD L BANGART, DIRECTOR OFFICE OF STATE PROGRAMS
SUBJECT:
SP-98-097 THE PROTECTION OF THE IDENTITY OF ALLEGERS FROM PUBLIC DISCLOSURE VERIFICATION - 301-415-3340
j L
< TRANSACTION' REPORT >
12-09-1998(WED) 18:02 j.
i l
l l
C BROADCAST 3
l-j.
NO.
DATE
.-TIME DESTINATION STATION PO.
DURATION MODE RESULT l
2709 12-09 17:58 PA 3
0'01'43" NORM.E OK i.
2710 18:00 401 277 2456
. [3 f 3
0'01'44" NORM.E OK 6
0'03'27" l
I I
(
l i
I I'
l l
-.. - -