ML20214G053
| ML20214G053 | |
| Person / Time | |
|---|---|
| Issue date: | 04/01/1987 |
| From: | Parler W NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | Breaux J, Sharp P, Udall M SENATE, SENATE, ENVIRONMENT & PUBLIC WORKS |
| Shared Package | |
| ML20213F620 | List:
|
| References | |
| FRN-50FR21072, RULE-PR-2 AB78-1-064, AB78-1-64, NUDOCS 8705260396 | |
| Download: ML20214G053 (3) | |
Text
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IDENTICAL LETTER SENT TO:
DISTRIBUTION Morris K.
Udall, Chairman JMapes N %.
Nel Sufa"n*,T. and the Environment Philip R.
Sharp, Chairman WParler Subcommittee on Energy and Power OGC R/F cc: Rep. Carlos J. Moorhead OGC S/F Reg File Central File The Fonorable John B. Breaux, Chairman SECY Subcommittee on Nuclear Regulation Committee on Environment and Public Works OCA EDO United States Senate Washington, D.C.
20510 OPE R&P
Dear Mr. Chairman:
R&P R/F Enclosed for the information of the Subcommittee is a copy of a published Federal Register notice withdrawing an earlier notice of proposed rulemaking published May 22, 1985 (50 FR 21072) and terminating that rulemaking proceeding.
The original proposal, now withdrawn, was prepared to implement certain directions in the Commission's Statement of Policy on Investigations, Inspections and Adjudicatory Proceedings (49 FR 3603,2 September 13, 1984).
These directions related to special procedures to be used by NRC offices and staff for the purpose of resolving conflicts concerning the disclosure or nondisclosure of information deemed relevant and material to an adjudication and which clso (1) related to an NRC investigation or inspection not yet concluded or (2) could, reveal the identity of a confidential informant.
After considering the views of the commenters who were generally dissatisfied with the text of the rule as proposed and the limited number of occasions on which the proposed procedures might be used, the Commission has concluded that codification of the proposed procedures in the Commission's Rules of Practice is not warranted.
The Commission has also concluded that, based on the guidance in its Policy Statement and using existing procedures, it can adequately protect information from disclosure in those rare instances in which such protection might be needed, l
Sincerely, Willi m C. Parler General Counsel
Enclosure:
1.
Federal Register Notice Withdrawing Proposed Rule ec: Senator Alan K. Simpson i
8705260396 870520 PDR PR 2 50FR21072 PDR
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Note and Retum File Action Per Conversation Approval For Clearance I
As Requested For Correction Prepare Reply For Your information See Me Circulate
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Coordination Justify f
REMARKS RE: Congressional letters prepared in response to y
Staff Requirements !temo dated !! arch 24, 1987 on SECY-87-51 i
As per our conversation, please arrange to have l
!ir. !!alsch review and concur in the-attached Congressional letters and then arrange for fir.
Parler's concurrence and signature. After signature, please return the signed, undated letters to me.
I will then arrange to send the letters to the Rules and Procedures Branch for transmittal to and subsequent dispatch by the Office of Congressional Affairs.
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.'tany thanks.
DO NoT use this form as a RECORD of approvals, concurrences, disposals, clearances, and similar actions FROM; (Na org.sy I,
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I IDENTICAL LETTER SENT TO:
DISTRIBUTION i
Morris K. Udall, Chairman Mapas 1
N %. M Nei Eufa"n*, T.""
""*"D L
h Philip R. Sharp, Chairman WParler
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Subcommittee on Energy and Power OGC R/F cc: Rep. Carlos J. Moorhead OGC S/F Reg File i
The Honorable John B. Breaux, Chairman Central File Subcommittee on Nuclear Regulation SECY Committee on Environment and Public Works OCA United Stetes Senate EDO
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Washingto a, D.C.
20510 OPE R&P
Dear ?,
lr. Chairman:
R&P R/F i
j Enclosed for the information of the Subcommittee is a copy of a published j
Federal Register notice withdrawing an earlier notice of proposed rulemaking i
published f. lay 22, 1985 (50 FR 21072) and terminating that rulemaking proceeding, f
The original proposal, now withdrawn, was prepared to implement certain directions in the Commission's Statement of Policy on Investigations, Inspections and Adjudicatory Proceedings (49 FR 36032, September 13, l
1984).
These directions related to special procedures to be used by NRC l
offices and staff for the purpose of resolving conflicts concerning the disclosure or nondisclosure of information deemed relevant and material to an adjudication and which (21so (1) related to an NRC investigation or j
inspection not yet concluded or (2) could reveal the identity of a confidential informant.
After considering the views of the commenters who I
were generally dissatisfied with the text of the rule as proposed and the j
limited number of occasions on which the proposed procedures might be
(
used, the Commission has concluded that codification of the proposed procedures in the Commission's Rules of Practice is not warranted.
The Commission has also concluded that, based on the guidance in its Policy l
Statement and using existing procedures,
it can adequately protect l
information from disclosure in those rare instances in which such protection i
might be needed.
l Sincerely, I
l
/s Wil m C. Parler General Counsel l
Enclosure:
1.
Federal Register Notice Withdrawing Proposed Rule ec: Senator Alan K. Simpson i
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