ML20238C574

Provides Guidance Re Release to Licensees of Info Which Subj of Enforcement Decision Process.Such Predecisional Info Should Not Normally Be Released Since Info Serves No Legitimate Regulatory Purpose

ML20238C574
Person / Time
Issue date:	11/05/1986
From:	Taylor J NRC OFFICE OF INSPECTION & ENFORCEMENT (IE)
To:	Grace J, James Keppler, Murley T NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I), NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II), NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III)
Shared Package
ML20237G454	List: IA-87-450, Provides Guidance on Use of Civil Penalties Vs Use of Orders.Many Orders Recently Issued by Regions Involve Violations Not Previously Noted.Orders Apply Only to Repeated Uncorrected Violations ML20237G451 ML20238C386 ML20238C394 ML20238C409 ML20238C494 ML20238C527 ML20238C550 ML20238C574 ML20238C597 ML20238C646 ML20238C694 ML20238C739 ML20238C764 ML20244B382 ML20244B522 ML20244B551 ML20244B638 ML20244B641 ML20244B915 ML20244D163 ML20244D267 ML20244D288
References
FOIA-87-450 EGM-86-07, EGM-86-7, NUDOCS 8712310092
Download: ML20238C574 (1)

Text

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/s .o ^ UNITED STATES

[' i NUCLEAR REGULATORY COMMISSION

, E W ASHeawG TON. D. C. 20%5 i /

%.,,,,# NOV 0 51986 MEMORANDUM FOR: EGM 86-07 Thomas E. Murley, Regional Administrator, RI J. Nelson Grace, Regional Administrator, RII James G. Keppler, Regional Administrator, RIII Robert D. Martin, Regional Administrator, RIV John B. Martin, Regional Adn.inistrator, RV FROM: James M. Taylor, Director Office of Inspection and Enforcement

SUBJECT:

RELEASE OF PREDECISIONAL ENFORCEMENT INFORMATION TO LICENS During the course of the NRC's interaction with licensees, certain information developed by the NRC should not be released to the licensee. Previous EDO memoranda have dealt with the issues of protecting confidential sources and avoiding the compromise of NRC investigations when releasing information. This memorandum deals with the narrower issue of releasing information which is the subject of an NRC enforcement decision process. Such "predecisional" information normally should not be released to licensees since it serves no legitimate reculatory purpose. Until a regulatory position is finalized, there is no agency with oneposition.

voice. Oncs there is an agency position, the agency should speak Infonnation identifying potential items of noncompliance is appropriate for release to the licensee to assure corrective actions are initiated to obtain compliance.

The severity level of a violatiotf or the nature of an escalated enforcement action may change, however, during the review of the matter in the Region and/or at Headquarters. This is especially true regarding those matters on which the Commission must be consulted before taking enforcement action.

Therefore, predecisional information regarding such things as potential severity level, civil penalty amount or nature / context of an order are not appropriate for discussion of Inspection with and the licensee without the concurrence of the Director, Office Enforcement.

However, a Regional Administrator may tell a licensee that the matter is being referred to Headquarters for consideration of escalated enforcement action.

Distinguishing predecisional information from information that should be released to a licensee may not be easy in some cases. In general, to avoid the appearance of inconsistency within the agency, you should not release informa- $

tion that action onrequires the matterconcurrence is completed.above your office level before final agency. h. ):

Questions regarding this memorandum should ""

be referred to the Director, Enforcement Staff, IE. l a es M. T lor, Director fice of nspection and Enforcement cc: J. Lieberman/0GC Enforcement Staff foy A -f 7. W6 i

8712310092 871224 PDR FOIA f GUILD 87-450 PDR

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