ML20209D642

Forwards Policy Statement on Control of NRC Repts & Other Documents for Incorporation Into Appropriate NRC Manual Chapters.Procedures Developed in Response to Statement Should Be Consistent W/Author 831007 Policy Statement

ML20209D642
Person / Time
Site:	Calvert Cliffs, Comanche Peak
Issue date:	12/03/1984
From:	Dircks W NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To:	NRC
Shared Package
ML20209D646	List: ML20209D642 ML20211F754 ML20211G296
References
NUDOCS 8412130239
Download: ML20209D642 (6)

Text

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/*g . Enclosure 1

1. URITED STATES 1((e#

s NUCLEAR REGULATORY COMMISSION wAsNeNoTow. o.c. 20sss

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..... DEC 3 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

,, On October 7,1983, I issued a policy statement regardin(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 form. That policy statement is enclosed. The major premise of the 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 the Public Document Room) to all.

Nottiing in the enclosed policy statement should be construed as a relaxation of

+ g October 1983 policy statement. Rather, it is q intent that the procedures

u developed in response to the enclosed policy statement be consistent with the specific directions in g October 1983 policy statement. As an amplification of y October 1983 policy, you should also establish procedures to ensure that OI is promptly informed whenever a material false statement is suspected.'

Additionally, matters being referred to OI should be coordinated with OI ptior to advising a licensee of the potential referral. To assure overall consistency and completeness your procedures should be forwarded to DEDROGR for review and coment.

By copy of this memo. I am directing the Office of Administration to incorporate these policies into appropriate NRC Manual Chapters.

William J Dirc s Executive Director for Operations

Enclosure:

As stated cc: Chairman Palladino Comissioner Roberts Comissioner Asselstine Comissioner Bernthal Comissioner Zech 7' y

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POLICY ON CONTROL OF NRC REPORTS AND OTHER DOCtMENTS INTR 000CTION 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-rective action. At the same time, NRC documents must be developed and issued I without impmper 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 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 assum 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 j " licensees") and are made available promptly to the public.

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3. To assure that sufficient flexibility is provided to Office Directors and Regional Administrators so that they and their staffs will not hesitate to

! disseminate appropriate safety or safeguards information to licensees, before distribution of final documents.

POLICY For the purpose of this policy, the tem " 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 othenvise 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.

l security, safeguards, proprietary, and Privacy Act Information and investigative i matters.

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Draft documents, or infonnation contained themin, 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.

d In the event any document is inadvertently or othenvise reNased by the NRC, its contractors or other Government agencies contrary to tiiis~ policy, the EDO should be advised promptly in writing of the occurrence and the cornetive action to be taken by the responsible Office to avoid mcurrence of such release. Nonnally, under such circumstances, the released document should be 1 placed in the PDR.

EXCEPTIONS 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 4'.' discuss with, show to, or provide the licensee with any pertinent material they believe the circumstances warrant.

i In the nonnal course of conducting regulatory activities, connunications with

licensees, vendors industry mpresentatives and other Government agendies are at times necessary,regarding initial NRC staff positions, license condit* ions.

l confirmattan of action letters, inspection findings, preparation of bulletins and infonnation notices, events at other facilities, etc. Such connunications i

can be held in advance of the final NRC documents for the purpose of (1) gaining factual infonnation, (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 be initiated promptly. This policy statement is not intended to impede such exchanges of infonnation. Any written communications provided by the staff to

, licensees or the public shall, however, be placed in the PDR.

Draft research reports, studies, data or other documentation based on infonnation 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 comment and are not subject to restraint under this policy.

Nothing in the policy statement shall automatically preclude the release of agency records pursuant to a fonnal request under the Freedom of Infonnation Act.

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IMPLEMENTATION Program and Regional Offices are expected to develop and implement procedures that reflect this policy. IE, MMSS 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.

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/p nas*o UNITED STATES Enclosure 2

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[\ g NUCLEAR REGULATORY COMMISSION '

WASHINGTON, D. C. 20555 -

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%.....; y Mr. William J. Johnson, Manager <

Nuclear Safety Department '

Westinghouse Electric Corporation

• Pox 335 ' '

Pittsburgh, Pennsylvania 15230

Subject:

Acceptance for Referencing c,F Licensing Topical Report WCAP-10325, " Westinghouse LOCA Mass and Energy Release Model for Containment Design (Proprietaryv) - March 1979 Version" The staff has completed its review of the subject topical report,' submitted by Westinghouse Electric Corporation letters NS-TMA-2075 (April 25,1979) and NS-EPR-2948 (October 4, 1984). We find the report acceptable for referencing in licensing actions to the extent specified and under the limitations delineated in the report and the associated NRC evaluation which is enclosed.

The evaluation defines the basis for acceptance of the report.

Pursuant to 10'CFR 2.790, we have determined that the enclosed evaluation does y not contain proprietary information. However, we will delay placing the evaluation in the public document room for a period of ten 001 working days from the date of this letter to provide you with the opportunity to coment on the proprietary asoects only. If you believe that any infomation in the enclosure is proprietary, please identify such infonnation line by line and define the basis pursuant to the criteria of 10 CFR 2.790.

We do not intend to repeat our review of the matters described in the report and found acceptable when the report is referenced in licensing actions except to assure that the material presented is applicable to the specific plant

involved. Our acceptance applies only to the matters described in the report.

In accordance with procedures established in NIJREG-0390, it is requested that i

' Westinghouse publish accepted versions of this report, proorietary and non-proprietary, within three months of receiot of this letter. The accepted versions should incorporate this letter and the aopropriate evaluation between the title page and the abstract. The accepted versions shall include an -A (designating accepted) following the report identification symbol.

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Pii illian

.1. Johnson 7-Should our criteria or regulations change such that our conclusions as to the acceptability of the report are invalidated, Vestinghouse and/or the applicants referencing the topical report will be expected to revise and resubmit their respective documentation, or submit justification for the continued effective applicability of the topical report with revision of their respective documentation.

Sincerely,

- Charles E. possi, A'ssistant nirector Division of PWR Licensino - A

Enclosure:

As stated

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