ML20215G230
| ML20215G230 | |
| Person / Time | |
|---|---|
| Issue date: | 11/03/1980 |
| From: | Sniezek J NRC OFFICE OF INSPECTION & ENFORCEMENT (IE) |
| To: | Lieberman J NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| Shared Package | |
| ML20215G228 | List: |
| References | |
| NUDOCS 8610200252 | |
| Download: ML20215G230 (1) | |
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- o...o November 13, 1980 MEMORANDUM FOR:
J. H. Sniezak, Director ~
Division of Fuel Facility and Materials Safety Inspection, I&E FROM:
Stephen Schinki
- 1 Office of Executive Legal Director
SUBJECT:
USE OF THIRD-PARTY DATA IN
,. TRANSPORTATION ENFORCEMENT CASES This is in response to your November 3,1980 memorandum-requesting our views regarding the use of data supplied by inspectors of the South Carolina Division of Health.and Environmental Control as the basis for NRC enforcement actions.
It is our opinion that should any transportation enforcement action result in a hearing, the results of inspections perfo med by state inspectors which form the bases for NRC action would be admissible provided that the state inspectors are avail-able to testify. I have spoken to Richard Wilson, the Assistant Attorney General for the Division of Health and Environmental Control, and he has infonr.ed me that the state inspectors are anxious to cooperate with us in any way they can in the event of a hearing.
In order to effectively fester that cooperation, however, we discussed two things that we believe would bo helpful.
First, both we at headquarters and the staff in the Region must recognize that, to the extent we rely upon state inspectors in South Carolina, they should be kept informed with regard to every step of NRC proposed enforcement actions. This includes providing the Division of Health and Environmental 4
Control with drafts of all proposed enforcement documents so that they are aware of the action and can assure that our enforcement document does not mischaracterize any actions taken by state inspectors.
Secondly, from time to time we issue Bulletins which interpret I&E enforce-ment criteria or standards. To the extent that any of these Bulletins or other interpretive documents we issue relate to activities conducted by B610200252 801205 I
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J. H. Sniezak 2-November 13, 1980 state inspectors, the Division of Health and Environmental Control should
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receive copies.
I understand from Mr. Wilson that several other items were discussed at the October 17th meeting, but for purposes of assuring effective participation of state inspectors in our enforcement process, the two items mentioned above are the most critical.
If you have further questions regarding this matter, do not hesitate to contact me.
1r J Stephen'"ahinki, Attorney Rulemaking and Enforcement Division Office of Executive Legal Director cc:
H. Thornburn, ISE
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NOV 3 1980 f
MEM3RAF,rN FOR:
J. Lieberman, Office of the Executive Legal Director FR0!!:
J. H. Snfezek Director, Division of Fuel Facility and 11aterials Safety Inspection, IE SUSJECT:
USE OF THIRD-PARTT DATA I?f TRA*:SPORTATI0'! ENFORCEMEfiT CASES On October 17 Al Crella and Region II representatives met with officials of the South Carolina Eureau of Radiological Health to discuss matters of mutual interest regarding inspection of incoming waste shipments to Darnwell. Amond the items discussed was the question cf whether or not fiRC is planning to use data and evi-dence collected by the State inspectors to process enforcement actions on viola-tions by NRC licensee / shippers in those cases when an NRC inspector is not physically present at the site when the shipnent is inspected. This question has arisen on a nucber of occasions in the past, and its answer has become all the more inportant since our coverage at the site amounts to about 3-5 days per raonth.
We still plan for the foreseeable future to continue our inspections at the theee (3) burial sites and plan to continue,a vigorous enforcement progra:: on violations detected.
A number of legal questions need to be answered; i.e.
would such third party data collected by state inspectors be ad=1ssible?
would the state inspectors involved be subject to being called in to testify in a case?
what are the precedents in previous Fr.Meral actions?
At the neeting in South Carolina, the Assistant Attorney General for the Division of !!calth and Environmental Control, Pr. Richard P. Wilson, indicated that he would be interested in discussing these questions directly with someone frw: the i:RC le;al staff. In that regard, may I suggest that you call fir. L'ilson directly (C03-753-5658).
I would appreciate hearing your overall views and recocr.iendations on the matter.
J. H. Sniczek Director Division W Fuel Facility and Materials Safety Im pection IE 10/ /co 10/ /80 10/ /80 i
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