ML20211K820

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Discusses 860922 Telcon W/Doj Re Changing Definition of Matl False Statement.Any Changes Would Have Significant Impact on Ability to Carry Out Crimimal Prosecutorial Functions in Nuclear Area
ML20211K820
Person / Time
Issue date: 09/22/1986
From: Parler W
NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To: Cunningham G, Hayes B, Jenny Murray
NRC OFFICE OF INVESTIGATIONS (OI), NRC OFFICE OF THE GENERAL COUNSEL (OGC)
Shared Package
ML20211K787 List:
References
NUDOCS 8612150170
Download: ML20211K820 (1)


Text

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  1. ),, UNITED STATES

! a NUCLEAR REGULATORY COMMISS!ON y, I WA5mG ton, D. C. 20655

%,,,,, September 22, 1986 l

MEMORANDtM FOR: Addressees Listed Below I r}

FROM: William C. Parler, General Counsel b

SUBJECT:

TELECON OF SEPTEMBER 22, 1986 Dl i

l This morning I received a telephone call from Jim Reynolds of the General Litigation and Legal Advice Section of the Criminal Division of the Department of Justice (department). Mr. Reynolds was joined by Dick Shine of that l

office. Reynolds said that Shine had attended ALI-ABA sessions last week and learned about the possibility of the Commission changing its material i a false statement policy in the near future. Mr. Shine has ~ relevant documents which are in the public domain: the adviso a==i + tee e nt report; e ad a January 30, 1986 staff proposal o erial false stateme '

These gentlemen are particularly concerned that if the material false state-ment definition is changed, as recomended in these papers, that this would have a significant impact on the department's ability to carry out its criminal

, prosecutorial functions in the . nuclear area. Their concern is a generic one apparently and was not related to any specific on-going prosecution.

I These gentlemen wanted to know whether it were possible for the department to i

have an opportunity to discuss their concerns with the Commission before

publication of any proposal to change the material false statement policy.

They indicated that this approach would seem to be preferable to having the department's views ventilated publically for the first time in coments on a

proposed rule. The gentlemen emphasized their appreciation of the fact that l NRC action in this area is in NRC's domain; however, they wanted to try to do I all they could to have the department's concerns communicated to the NRC in as timely and as effective manner as possible.

I told the gentlemen that although I would relay their views to the Commission, it would also be desirable for the department to send a letter as soon as possible to the Chairman, making whatever comments and suggestions the department wanted to make on this subject. They indicated that they would proceed to draft a letter to the Commission and would try to get it here as soon as possible, which may not be until a week or so.

l Addressees:

Legal Assistants l Ben Hayes. OI e612150170 e60926 Guy Cunningham, OGC $hRES E E PDR Jim Murray, 0GC Martin G. Malsch, OGC Jim Fitzgerald, 0GC 4 Jim Lieberman, 0GC Rick Levi, OGC SECY

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