ML20214G284

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Forwards Draft Commission Paper Re Relationship Between Investigations/Insps & Adjudications.Final Rule 10CFR2 Establishes Procedures for Resolving Conflicts Re Disclosure or Nondisclosure of Info
ML20214G284
Person / Time
Issue date: 11/13/1986
From: Olmstead W
NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To: Connelly S
NRC OFFICE OF INSPECTOR & AUDITOR (OIA)
Shared Package
ML20213F620 List:
References
FRN-50FR21072, RULE-PR-2 AB78-1-087, AB78-1-29, AB78-1-87, NUDOCS 8611260046
Download: ML20214G284 (1)


Text

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l P.!Ef f0RANDUfi FOR: Sharon R. Connelly, Director Office of inspector and Auditor G. Wayne Kerr, Director Office of State Programs FP OB1: William J. Olmstead

- Assistant General Counsel for Rulemaking and Fuel Cycle Office of the General Counsel

SUBJECT:

RELATIONSTIIP BETWEEN INVESTIGATIONS /

INSPECTIONS AND ADJUDICATIONS - FINAL RULE ESTABLTSIIING PROCEDURES FOR 5

RESOLVING CONFLTCTS CONCERNING THE DISCLOSURE OR NONDTSCLOSURE OF TNFORP.iATION Attached for your review and comment is a draft Commission paper transmitting a draft final rule (Enclosure 1) establishing special procedures which NRC offices and staff may use to request that certain information be protected from disclosure in pending adjudicatory proceedings. The draft final rule implements certain provisions in the Commission's 1984 Statement of Policy on investigations, inspections and Adjudicatory Proceedings, i' Copies of the public comments (Enclosure 2) and a comparative text identifying the differences between the proposed . and final rule (Enclosure

, 3) are also attached. Any questions or comments may be referred directly to Jane R. F. tapes of my staff at 492-8695.

Please note that the text of 8 2.781 used in the draft final rule and mentioned in the first full paragraph on page 3 of the draft Commission paper is the text used in the Commission's proposed rule to amend 10 CFR Parts 0 and 2 to revise the er parte and separation of functions rules applicable to formal adjudicatory proceedings (51 FR 10393 at 10401, P.! arch j 26, 1986.) It is our understanding that this text is likely to be retained in the final rule which is expected to be forwarded to the Commission for action by the end of November.

In order to keep final office review and concurrence on schedule, we would appreciate your response on or before c.o.b. November 21, 1986.

' William J. Olmstead Assistant General Counsel for Rulemaking and Fuel Cycle -

N // Z [s h h h Office of the General Counsel

Enclosures:

Draft Commission paper with Enclosures 1, 2 and 3 '

DTSTRIBUTION JPfapes WJOlmstead OGC R/F Regs File OGC S/F Central File DIC :OCE :Om  :  :  :  :

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NE $JP h _________.______

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