ML20207A140
| ML20207A140 | |
| Person / Time | |
|---|---|
| Issue date: | 10/30/1986 |
| From: | Harold Denton Office of Nuclear Reactor Regulation |
| To: | Office of Nuclear Reactor Regulation |
| Shared Package | |
| ML19306D588 | List:
|
| References | |
| NUDOCS 8611050193 | |
| Download: ML20207A140 (2) | |
Text
.
n ,J
/ 9,,
UNITED STATES ,
l
! o NUCLEAR REGULATORY COMMISSION
{ I wasa now.o.c.aoses ,
y.....)
ACT 3 01986 l MEMORANDUM FOR: All NRR Employces FROM: Harold R. Denton, Director l Office of Nuclear Reactor Regulation
SUBJECT:
NRR OFFICE LETTER NC. 43, REVISION 1 RELEASE 1 0F DRAFT INFORMATION - POLICY ON CONTROL OF NRC AND OTHER DOCUMENTS
+
] The purpose of Revision 1 to Office Letter No. 43 is to define the Office of NRR procedure for implementing the NRC policy regarding discussions or release of draft or other preliminary-type information on licensing activities to licensees, applicants, vendors or other members of the public. A copy of the-memorandur. from W. Dircks, Executive Director for Operations (EDO) dated December 3,1984, which formalizes this policy, is enclosed for your information. This Office Letter supplements the guidance in Bulletin 3203-16, Policy on Public Release of Draft and Pre-decisional infonnation which is '
g expected to be issued in the near future. -
In general, no portion of a draft or pre-decisional document shall be released to applicants, licensees, vendors, or other members of the general public without the approval of the Director, NRR. Exceptions to this policy are described below. In the event that an NRR staff member, believes that a draft -
or pre-decisional document should be released to the public, the Division i Director should request release approval of the Director, NRR in writing.
J Such request should include a description of the document to be released and justification for the releasability determination.
( When any document is released contrary to NRC policy, the EDO should be advised promptly, in a memorandum from the Director, NRR. This memorandum should explain the occurrence and the corrective action to be taken by the responsible Office or Region to avoid recurrence of such release. Normally, under such l circumstances, the released document should be placed in the Public Document Room (PDR).
Draft documents are not to be discussed with, given to, or shown by the staff to one party-unless the document can be and is made available to all cognizant parties and placed in the PDR at the same time. We recognize that in the normal course of NRR's business, discussions of draft positions, requests for information, etc. between staff and applicants / licensees / vendors frequently l are a programmatic expedient. This policy is not intended to impede such exchanges of information, but rather to assure that all persons have equal, access to all relevant infonnation. In special cases where the Project Director or Branch Chief determines it is necessary and appropriate not only to discuss such draft documents at meetings, but also to make copies available to all attendees to facilitate the discussion (with due regard to any proprietary i considerations), the meeting summary, which is placed in the PDR, shall document the substance of the draft document discussions and shall include the draft document as an attachment.
&HG5$19 Lp p.
m
. . . . . . _ _ , , . ... - - . . . - - - , - , - - 2----- - - - & -- - -* - "- ----
In the event that the Project Director or Branch Chief finds it desirable to send draft material to one party in an ongoing licensing activity, copies should be sent to all other parties and placed in the PDR as well.
By copy of this revision, regional offices are hereby notified that the procedures contained in this Office Letter are to be followed when releasing draft information, pertaining to reactor licensing matters.
Contact Hazel Smith (X28730) if assistance or additional clarification is needed.
/ k Harold R. Denton, Director Office of Nuclear Reactor Regulation
Enclosure:
Memorandum dated December 3,1984 from W. Dircks
- cc w/ enclosure
I V. J. Stello EDO-J. H. Sniezek, DEDROGR OGC (MNBB)
J. M. Taylor, IE All Regional Administrators I
,i l3 e
h 4
I
m
- Enclosure ~
8 ne.\e .
UNITED ITATES NUCLEAR REGULATORY COMMISSION mammorow, n.c. asses
{ .
%..... DEC3 1984 MEMORANDUM FOR: Office Directors Regional, Administrators FROM: William J. Dircks Executive Director for Operations
SUBJECT:
POLICY ON CONTROL OF NRC REPORTS AND OTHER DOCUMENTS
'l On October 7,1983, I issued a policy statement regarding the distribution of draft inspection and investigation reports. Since that time, other events have occurred that indicate the need for a general policy statement that addresses the release of all NRC reports and other documents, either in their draft or
' ~ final fonn. That policy statement is enclosed. The major premise of the J enclosed policy statement is that documents will not be provided to one licensee or member of the public unless they can be made available (generally through 1
.the Public Document Room) to all.
Nothing in the enclosed policy statement should be construed as a relaxation of g October 1983 policy statement. Rather, it is g intent that the procedures developed in response to the enclosed policy statement be consistent with the specific directions in g October 1983 policy statement. As an amplification of g October 1983 policy, you should also establish procedures to ensure that 0I is promptly infomed whenever a material false statement is suspected.'
Additionally, matters being referred to 0I should be coordinated with OI pH or i to advising a licensu cf the potential referral. To assure overall consistency and completeness your procedures should be forwarded to DEDR0GR for review and n comment.
j By copy of this memo, I am directing the Office of Administration to incorporat,e these policies into appropriate NRC Manual Chapters. ,
William J Dire s Executive Director for Operations
Enclosure:
As stated cc: Chainnan Palladino Comissioner Roberts Comissioner Asselstine
. Comissioner Bernthal Comissioner Zech V. Stello, DEDROGR SECY OPE OGC S.'f L. L Ace _ RbW "-_ _ - - _ _
- - - . - - . - . - . .a . - .- - . . - . . . . . . . . - -
, .~,.-
1 POLICY ON CONTROL OF NRC REPORTS AND OTHER DOCUMENTS i
INTRODUCTION NRC must act promptly and positively on nuclear safety and safeguards concerns.
Such concerns must be identified promptly, documented and made known to respon-
,: sible licensee management to obtain prompt evaluation and appropriate cor-l rective action. At the same time, NRC documents must be developed and issued without improper licensee or public influence, or the appearance thereof, and must be made available to the public in a timely manner, consistent with NRC
- regulations, policies and procedures.
OBJECTIVES j The objectives of this policy statement with regard to both plant-specific and generic NRC reports and other documents (referred to hereinafter as " documents")
are:
- 1. To provide NRC staff with general policy guidance on the release and distribution of draft and final documents.
! . 2. To assure that staff documents are developed and issued without improper influences, real or perceived, by the public or by applicants, licensees, permittees or their subcontractors or agents (referred to hereinafter as
- " licensees") and are made available promptly to the public.
- 3. To assure that sufficient flexibility is provided to Office Directors and a Regional Administrators so that they and their staffs will not hesitate to 1 disseminate appropriate safety or safeguards informatjon to licensees,
- - before distribution of final documents.
, POLICY n-For the purpose of this policy, the term " documents" encompasses all written material considered to be NRC records under 10 CFR Part 9. A draft document is to be considered a draft from its initial development throughout the period of review until its issuance as'a final document. A final document is one that has been signed or otherwise approved for publication and distribution. Final documents will be distributed in a manner that will ensure that the public, the licensees NRC contractors and Government agencies have access to information they need to fulfill their responsibilities. Final documents provided to licensees will be placed in the Public Document Room (PDR).
Any decision under this policy to place documents in the PDR must also be con-sistent with NRC regulations, policies and procedures regarding confidentiality, security, safeguards, proprietary, and Privacy Act Information and investigative matters.
_s _._ .u . _ _ - _ . , . . . 2 __ . . _ . . _ , _ .
I f l
~
)
l
. 1 2
Draft documents, or information contained therein, are not to be discussed with, given to, or shown to any licensee or the public by NRC staff without prior approval.
Predecisional interagency or intraagency memoranda and letters shall not be provided to licensees or the public or placed in the PDR without prior management approval.
- ! In the event any document is inadvertently or otherwise released by the NRC, its contractors or other Government agencies contrary to this policy, the EDO should be advised promptly in writing of the occurrence and the corrective
- action to be taken by the responsible Office to avoid recurrence of such release. Nonnally, under such circumstances, the released document should be placed in the PDR.
i EXCEPTIONS
- l;l J In the event there is an emergency, or a significant safety or safeguards is. sue appears to require immediate action, NRC personnel, at their discretion, may discuss with, show to, or provide the licensee with any pertinent material they j believe the circumstances warrant.
In the nonnal course of conducting regulatory activities, connunications with licensees, vendors, industry representatives and other Government agencies are at times necessary regarding initial NRC staff positions, license condit' ions,
, confirmation of action letters, inspection' findings, preparation of bulletins and infonnation notices, events at other facilities, etc. Such connunications can be held in advance of the final NRC documents for the purpose of (1) gaining factual information, (2) assessing the cost, feasibility and benefit of, or alternatives to, proposed actions, or (3) alerting licensees to initial staff positions or safety findings in order that corrective actions can lie inttiated promptly. This policy statement is not intended to impede such exchanges of infonnation. Any written connunications provided by the staff to L_ licensees or the public shall, however, be placed in the PDR.
l' Draft research reports, studies, data or other documentation based on information obtained from a licensee or vendor, which may be discussed or exchanged with those parties and other participants in a study or research program, are not subject to restraint under this policy statement.
Draft proposed and final rules, policy statements and other documents pertaining to materials regulated by the Agreement States may be sent to the Agreement States for connent and are not subject to restraint under this policy.
l Nothing in the policy statement shall automatically preclude the release of agency records pursuant to a formal request under the Freedom of Information Act.
m .
IMPLEMENTATION Program and Regional Offices are expected to develop and implement procedures that reflect this policy. IE, NMSS and NRR, in coordination with Regional Offices, should develop generic procedures for use by the Regional Offices regarding inspection, fuels and materials licensing and reactor licensing, respectively. -
l
'l .
O m
O O
e i
4 W
4
. - . _ , - ,,-- ,..--~ -,._,.w ,a--, - _,-.a. , - , . , , - - ,,,,,,e_g-,w,,,,e,.., ,,y.p. g.-p-w. gen,. -,. ,- - , , - , wm , , , -e.y,- g- .g ,,.-,,
y,e ,
Y , . . . . . . . . . . . , . . , ~
V b
k 4
h h
ENCLOSURE TO ANSWER NO. 3 e
i k
i 3
4 s
e
r- 1
. .. , 9 Nee e ENCLOSURES TO ANSWER NO. 4 f
/
1 l
l 1
i l
l l
I I
l i
t t --