ML20248L681
| ML20248L681 | |
| Person / Time | |
|---|---|
| Issue date: | 10/22/1997 |
| From: | Salomon S NRC OFFICE OF STATE PROGRAMS (OSP) |
| To: | NORTH CAROLINA, STATE OF |
| Shared Package | |
| ML20248L628 | List: |
| References | |
| SP-97-065, SP-97-65, NUDOCS 9806110304 | |
| Download: ML20248L681 (2) | |
Text
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Jg 0 0 BPot 2LBR phi scb DATE:
October 22,1997 b
Pmu NOTE TO:
North Carolina File FROM:
Steve Salomon, OSP
SUBJECT:
North Carolina's input re Predecisional Information, SP-97-065 Aaron Padgett, NC, responded to the subject, by phone. The All Agreement States letter was turned over to the Department's attorney and no reply came yet. His understanding is the following to OSP's questions:
- 1. Yes, NRC documents can be withheld.
- 2. All kinds of documents can be withheld provided they are in working files. If they are in office files, they cannot be withheld.
- 3. There are no speciallabeling requirements.
If the lawyers findings are any different than those above, he will have his lawyer contact OSP.
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NORTH DAKOTA 65 I,
DEPARTMENT OF HEALTH 3
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1200 MJssoort Avenue P.O. Box 5520 Bismarck, North Dakota 58506 5520 Fax #701328 5200 M,
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dM4 fM Fax #: (701) 328-5200 Phone: (701) 328-5150 77 DATE:
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Remarks:
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y 9-96-2 Enwonmental Heatth Sechon Enwonmental Mun.,wl Waste Water and Enforcement Engneenng Facdstaes Management Quality 701 328-5130 701 328 5188 701-328-5211 701 326-5166 701-328-5210 Printed on recyctedpaper.
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ENVIRONMENTAL HEALTH SECTION 1200 Missourt Annue P.O. Box 5520 October 24, 199"I Bismarck, Norin Dakota 58506 5$20 Fax s701328-5200 Mr. Richard L. Bangart Director, Office of State Programs U.S. Nuclear Regulatcry Commission Washington, D.C. 20090
Dear Mr. Bangart:
This letter is in response to Agreement State's letter SP-97-065, concerning the handling and confidentiality of predecisional information.
North Dakota has an open records law which requires that all records which are not part of an ongoing enforcement action are available for review by the public.
Labeling with statements such as,
- Enforcement sensitive Information" or " Internal Agency Use Only," would assist the State in withholding documents from public disclosure.
not If however, the documents are subject to a federal regulation which makes them confidential, the State would be able to use that as a means of preventing access from the public.
From a practical standpoint, the State does not see this issue as being a significant problem.
Documents which are in draft or proposed form would not be sent to licensees to use as guidance, nor would they be released to the public, unless the documents were specifically requested by name.
The Department does not foresee any situations where. this would occur.
Licensees are interested in complying with requirements, and are not generally aware of draft rulemaking or guidance documents which have not been made available for public comment licensees are not generally interested in trying to comply with proposed regulations which may or may not become requirements in a final rule.
If you require any further information on'this issue, you may contact this office at (701)328-5188.
Sincerely, 3
Dana K. Mount, P.E.
Director, Division of
- environmental Engineering DKM/KWWies Stephen Salomon, Office of State Programs xc:
Environmental Health Secten Enwonmental Municipal Waste Water and Enforcement Engineenng Facihtles Management Quahty 701 326-5150 701 328-5188 701 328 5211 701 328-5166 701 328-5210 Printed on recyced paper.
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3 DEPARTMENT OF HEALTH N
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ENVIRONMENTAL HEALTH SECTION 1200 Missourt Avenue P.O. Box 5520 October 24, 1997 Bismarck, North Dakota 58506 5520 Fax #701328-5200 m
W Mr. Richard L. Bangart o.%
Director, Office of State Programs
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U.S. Nuclear Regulatory Commission g
"U Washington, D.C. 20090
Dear Mr. Bangart:
2 This letter is in response to Agreement State's letter SP-97-065, concerning the handling and confidentiality of predecisional information.
North Dakota has an open records law which requires that all records which are not part of an ongoing enforcement action are available for review by the public.
Labeling with statements such as,
" Enforcement Sensitive Information" or " Internal Agency Use Only," would not assist the State in withholding documents from public disclosure.
If however, the documents are subject to a federal regulation which makes them confidential, the State would be able to use that as a means of preventing access from the public.
From a practical standpoint, the State does not see this issue as being a significant problem.
Documents which are in draft or proposed form would not be sent to licensees to use as guidance, nor would they be released to the public, unless the documents were specifically requested by name.
The Department does not foresee any situations where this would occur.
Licensees are interested in complying with requirements, and are not generally aware of draft rulemaking or guidance documents which have not been made available for public comment licensees are not generally interested in trying to comply with proposed regulations which may or may not become requirements in a final rule.
If ycu require any further information on this issue, you may contact this office at (701)328-5188.
Sincerely, mN Dana K. Mount, P.E.
Director, Division of Environmental Engineering W Pr~ Y DKM/KWW:es f f 4 f.- R xc:
Stephen Salomon, Office of State Programs i
Environment! Health Section Environment!
Municipal Waste Water and Enforcement Engineering Facilities Management ouality 701 328-5150 701 328 5188 701 328-5211 701 328-5166 701 328-5210 Printed on recycledpaper.
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gg RLBq PAL From:
Mike Broderick < Mike.Broderick@oklaosf. state.ok.us>
To:
IPM Return requested <snsenrc. gov >
b Date:
10/8/97 10:08am subject:
Pre-Decisional documents Oklahoma law provides that material which is protected from disclosure under l-federal law is also protected under state law.
Including a notice that the information was protected from public disclosure by federal law should satisfy our requirements.
.Our.email delivery has been somewhat spotty recently. Please email me back that you received this note. Thanks.
Mike Broderick l
oklahoma Department of Environmental Quality (405)271-7484
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W Gc.D From:
Ray D Paris < Ray _D,PARISeohdmail.hr. state.or.us>
gg To:
WND1.WNP9 (SNS)
Date:
10/27/97 2:15pm Id$
Subject:
Predecisional Information, SP-97-065 -Reply October 27, 1997 I
I Mr. Stephen Salomon This is in response to your e-mail about responding to the Subject above, l
1.e SP-97-065.
1 Please take.this message as the Oregon Health Division's response.
4 oregon has the authority to withhold pre-decisional NRC information from public disclosure. This includes draft documents or proposed escalated l
enforcement actions as deemed appropriate by the Division. Additional i
labeling of documents with " internal agency use" would also be of value.
If this e-mail response is not adequate for being " official", please let me know.
- Thanks, Ray D. Paris, Manager Radiation Protection Services Oregon Health Division l
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