ML20248L626
| ML20248L626 | |
| Person / Time | |
|---|---|
| Issue date: | 10/31/1997 |
| From: | Bangart R NRC |
| To: | Whatley K ALABAMA, STATE OF |
| Shared Package | |
| ML20248L628 | List: |
| References | |
| NUDOCS 9806110274 | |
| Download: ML20248L626 (2) | |
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g f,t C y From: Richard Bangart To: udl. internet3 ("Kirksey_Whatley/HCS / Alabama _Departm... Date: 10/8/97 1:15pm subject: Ability of this agency to maintain confidentiality of certain NRC. documents -Reply
- Kirk, Thanks for the requested response. We are learning that most States have the ability to withhold such NRC documents from public disclosure.
>>> <Kirksey_Whatley/HCS/ Alabama _ Department _of_Public_ Health @adph. state.al.us> 10/08/97 10:54am >>> Office of General Counsel, Alabama Department of Public Health, has advised that this agency can maintain confidentiality of all NRC documents marked as " CONFIDENTIAL". Hard copy of this response, including General Counsel's response, will be sent to your office. Questions? Please contact me. Kirksey E. Whatley CC: SNS,PHL l
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YW bhh s i Pik fso h Sb$ fM/_. l STATE OF AL AB AM A DEP ARTMENT OF PUBLIC HEALTH Donald E. Williamson, MD State Health Officer October 9,1997 Richard L. Bangart Director Office of State Programs US Nuclear Regulatory Commission Washington, D.C. 20555
Dear Mr. Bangart:
I forwarded your recent inquiry regarding the ability of this agency to maintain confidentiality of cenain NRC documents to our Office ofGeneral Counsel for review. Enclosed is a response from the Office of General Counsel. This Agency will be able to maintain confidentiality of any NRC document that is marked as " CONFIDENTIAL" If you have further questions regarding this matter, please contact me. Sincerely. f Kirksey E. Whatley, Director Division of Radiation Control Bureau ofHealth Care Standards KEWTjsm Enclosure l 2-A-t ~! He RSA Tower
- 201 Monroe stat
- Montgomery, AL 36104 8
P.o. Box 303017, Montgomery, AL 36130 3017 p ^ /((.2$h $( t
. - -..--- --~ ~ c_o_ wm t rw85807.wPo p ga 1 ], M. October 1,1997 .j MEMORANDUM TO: Kirk Whatley, Interim Director Bureau of Health Care Standards j FROM: John W1ble General Counsel { } . RE: Question from U.S. Nuclear Regulatory Commission f I huye reviewed your memorandum to me of September 18, 1997, concerning documents received from the U.S. Nuclear Regulatory Commission and the confidentiality thereof. As a general rule, all materials received by' ADPH ein confidences shall remain confidential. Therefore, any documents the U.S. Nuclear Regulatory Commission wishes to remain confidential should be marked as = CONFIDENTIAL, Please let me know if my office can assist further in this matter. JRW/ar n l TOTAL P.03
DCDl6POS) BA3u h Pm-1 dC0 Arkansas Department of Health Nd 4B ~ 4815 West Markharn Street
- Little Rock, Arkansas 72205-3867 + Telephone (501) 661-2000 Sandra B. Nichols, M.D., Director a Mike Hucksbee, Governor
-VIA U.S. MAIL & FAX-O October 17,1997 g w I Mr. Richard L. Bangart, Director N e Office of State Programs .n U.S. Nuclear Regulatory Commission g 7 Washington, D.C. 20665-0001
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Dear Mr. Bangart:
In a letter dated September 12,1997, you have requested confirmation from the Department that under Arkansas' pubhc disclosure laws, the Department has the authority to withhold pre-decisional Nuclear Regulatory Commission (NRC) information from public disclosure. Information about Arkansas' ability to withhold from public disclosure other information or documents which the NRC may provide to this Department which are labelled pre-decisional was also requested. These particular documents could be early drafts of licensing guidance documents, draft inspection procedures, or proposed escalated enforcement actions. These particular issues have been referred to the Department's legal counsel. Our attorney concluded that "unless protected under preemptive federal legislation, the information in question is subject to public disclosure under Arkansas' Freedom of Information Act (FOIA), A.C.A. 25-19-101, et seq. (Repl.1996)." Our legal counsel's specific legal analysis indicates the following: Under Arkansas law, the Department does not have the authority to withhold materials fumished by the NRC, regardless of whatever labeling is placed upon those materials, as long as the Department or its agents are in possession of them. Under the FOIA, "(e)xcept as otherwise provided by (the FOIA) or by laws specifically enacted to provide otherwise, all public records shall be open to inspection and copying...." A.C.A. 25-19-105(a) Not only is the term "public records" extremely broadly defined in the FOIA, but I c also there exists a statutory presumption that "(a)ll records maintained in public offices or by public employees within the scope of their employment" are 'public records' for purposes of the FOIA." A.C.A. 25-19-103(1) -Continued-OP'A-4 2M. u M-M
Lettir to B: rt i RE: NRC Pr Decisional 3l Information and Ark. FOlA October 17,1997 The Arkansas Supreme Court consistently has interpreted the FOIA broadly in favor of disclosure and has interpreted its exceptions very narrowly. See, Scott v. Smith,292 Ark.174,728 S.W.2d 515 (1987). Of the eleven exemptions to the FOIA contained in A.C.A. 25-19-105(b), only two spear to be even marginally relevant. Documents which are protected from d selosure by order or rule of court and documents that, if disclosed, would give an unfair advantage to competitors or bidders are exempt from disclosure under the FOlA. There a: pears to be NO realistic application of these exemptions to the NRC documentation of interest. Thank you for the opportunity to review and comment on this very important issue. If you have ANY questions related to this letter, please call me. My telephone number is (501) 661-2301. Sincerely, mO - >M Bemard Bevill, Supervisor Division of Radiation Control & Emergency Management Programs Arkansas Department of Health cc: Snellings (ADH DRCEM) Wills (ADH GC) l l l}}