ML20211F754

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Submits Rev 2 to NRR Ofc Ltr 43, Release of Draft Info- Policy on Control of NRC Repts & Other Documents. Draft SERs Documenting Staff Review of Proprietary Repts Sent to Vendors or Utils Should Be Sent to Central Files
ML20211F754
Person / Time
Site: Calvert Cliffs Constellation icon.png
Issue date: 02/09/1987
From: Harold Denton
Office of Nuclear Reactor Regulation
To:
Office of Nuclear Reactor Regulation
Shared Package
ML20209D646 List:
References
NUDOCS 8702250189
Download: ML20211F754 (2)


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wasuswoTow.o.c.aossa mm PEMORANDUM FOR: All NPR Employees FRON:

Harold R. Denton, Director Office of Nuclear Reactor Reculation

SUBJECT:

NRR OFFICE LETTER NO. 43, REVISION 2. RELEASE OF DRAFT INFORMATION - POLICY OM CONTROL OF NRC REPORTS AND OTHER DOCUMENTS Revision ? to Office Letter No. 43 (1) provides clarification with respect to an example of an exception to the policy on release of information, and

(?) addresses situations involving draft Safety Evaluation Reports (SERs).

Revision ? reissues Office Letter No. 43 in its entirety for convenience purposes.* NPC policy regarding this subject was issued by the enclosed memorandum dated December 3,1984 from W. Dircks, Executive Director for Operations (EDO). Additional information will be forwarded when NRC Bulletin 3203-16. " Policy on Release of Draft and Pre-decisional Infomation" is issued.

In general, no portion of a draft or pre-decisional document shall be released 3

to applicants, licensees, vendors, or other members of the general public without the approval of the Director, NRR. An example of an exception to this policy is 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 s

Division Director should request release approval of the Director, NRR in writing. Such request should include a description of the document to be released and justification for the releasability determination.

Draft or pre-decisional 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 nomal course of NRR's business, discussions of draft positions, requests for information, etc., between staff and applicants / licensees /

vendors frequently are a programatic expedient. This policy is not intended to impede such exchanges of information, but rather to assure that all persons have eoual access to all relevant information. An exception would be where the Project Director or Branch Chief detemines it is necessary and appropriate not only to discuss such draft documents at meetings but also to make copies evail-able to all attendees to facilitate the discussion (with due regard to any proprietary considerations). The meeting sumary, which is placed in the PDR, shall document the: substance of the draft document discussions and shall include the draft document as an attachment.

It is recognized that there are situations where voluminous draft documents are passed out at working meetings, which are romally, taken up after the meeting. Even under these circumstances' the draft document shall be attached to the meeting sumary.

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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.

When a Project Director or a Branch Chief desires to transmit a draft SER documenting the staff's review of a proprietary report to the vendor or utility for determining whether the staff has discussed proprietary infonnation in the SER, the transmittal letter and draft SER should be sent to Central Files.

The transmittal letter only should be placed in the PDR and should clearly state that the review is only for proprietary information (see enclosed sample).

When any document is released contrary to NRC policy, the EhQ should be advised promptly, in a memorandum from the Director, NRR. This memorandum should explain the occurrence and corrective action to be taken by the responsible Office or Region to av Id recurrence of such release. Normally, under such circumstances, the released document should bb placed in the ?ublic Document Room (PDR).

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 or pre-decisional information pertaining to reactor licensing matters.

Contact Hazel Smith (X28370) if assistance or additional clarifiation is

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needed.

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w Harold R. Denton, Director Office of Nuclear Reactor Regulation

Enclosures:

1.

Memo dtd 12/3/84 frm W. Dircks 2

Sample Ltr to Vendor transmitting SER and Requesting Proprietary Information Review cc:

V. Stello J. Sniezek J. Taylor Regional Administrators OGC

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