ML20205F430

Forwards Program Mgt Info (SP-99-019) Re Predecisional Documents.Commission Approved Practice of Providing Predecisional Programmatic Documents to All Agreement States

ML20205F430
Person / Time
Issue date:	03/26/1999
From:	Lohaus P NRC OFFICE OF STATE PROGRAMS (OSP)
To:	GENERAL, MINNESOTA, STATE OF, OHIO, STATE OF, OKLAHOMA, STATE OF, PENNSYLVANIA, COMMONWEALTH OF, WISCONSIN, STATE OF
Shared Package
ML20205F434	List: ML20205F430 ML20205F437
References
SP-99-019, SP-99-19, NUDOCS 9904060255
Download: ML20205F430 (2)

Text

m p: 4 E 2 61988 ALL AGREEMENT STATES MINNESOTA, OHIO, OKLAHOMA, PENNSYLVANIA, WISCONSIN ,

PROGRAM MANAGEMENT INFORMATION: PREDECISONAL DOCUMENTS (SP-99-019)

Through All Agreement States letter SP-97-065 (September 12,1997), we communicated with you to determine your prow,am's ability to withhold NRC predecisional documents from public disclosure. Early sharing of predecisional information is an important part of helping ensure your early opportunity for input, review and comment in development of new NRC rules and supporting implementing guidance.

- Based on Commission review of your response, the Commission has approved continuation of the current practice of providing predecisional programmatic documents, such as drafts of l

'rulemaking plans, proposed and final rules, and licensing and inspection guides to all Agreement States. The approval, however, does not extend to other, more sensitive, predecisional documents that pertain to matters such as escalated enforcement actions, allegations and investigations. .These more sensitive types of documents will only be provided

. to Agreement States on a "need-to-know" basis and only to Agreement States that we determine can protect the information from public disclosure.

We have developed the enclosed procedure for NRC staff use in the distribution of predecisional documents to Agreement States. We will use as a primary means of distribution, the electronic subsystem that has been established for sole use by the Agreement States to comment on draft rulemakings and_ draft guidance documents. This subsystem is under the ,

Technical Conference Forum of the NRC Home _Page. The subsystem can only be accessed i by the Agreement States having a user name'a'nd password unique to each Agreement State (SP-97-084, December 9,1997). Notification of any new documents added to the subsystem will be provided through an 'All Agreement States letter or specific announcement that will be posted to the "OSP Announcements" list server. In some cases distribution of the predecisional document will be accomplished through an All Agreement States letter.

The Commission also asked that it be informed immediately if a predecisional document is released by an Agreement State. We ask that each Agreement State take necessary steps to ensure that you will notify me, or the contact identified in the transmittal letter, within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> of discovery in the event a predecisional document is released by your program. We will, in turn,

- notify the Commission.

If you have any questions regarding this correspondence, please contact me or the individual named below.

POINT OF CONTACT: Stephen N. Salomon INTERNET: SNS@NRC. GOV TELEPHONE: (301) 415 2368 FAX: (301) 415-3502 Paul H. Lohaus, Director 'OlbmalSigned By: j O

NRR RI.E CENTS Rapy Office of State Programs ME '

Enclosure:

9904060255 990326 As stated PDR STPRO ESOGEN Distribution: PDR DlR RF (8W268) EDO (WITS98-206,98-207) DCD (SP03)

SDroggitis ~050019 PDR(YES V)(NO_) 1 A/S File  !

DOCUMENT NAME: G:\SNS\SP99019 .SNS D:\SA800.SNS *See Previous C .

. To teoehne a coa t of thle document, truncate in the bou: *C" = Copy without attachment / enclosure "E" = Copy with attachment' enclosure *N' = No copy :u}r

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OFFICE.- OSP __ lt OGC l IMNS/NMSS l ADM l OSPM l1 ' ,,

NAME- SSalomon:nt9 @ , FCameron DCool DMeyer PLohaus 72 @

DATE 03/08/99 *dl.2@ 03/23/99

• 03/18/99

• 03/23/99* 03/08/99 *  ;

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p j NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555 0001

% March 26, 1999 ALL AGREEMENT STATES MINNESOTA, OHIO, OKLAHOMA, PENNSYLVANIA, WISCONSIN PROGRAM MANAGEMENT INFORMATION: PREDECISONAL DOCUMENTS (SP-99-019)

Through All Agreement States letter SP-97-065 (September 12,1997), we communicated with  !

you to determine your program's ability to withhold NRC predecisional documents from public I disclosure. Early sharing of predecisional information is an important part of helping ensure

)

youro rly opportunity for input, review and comment in development of new NRC rules and '

supporting implementing guidance.

Based on Commission review of your response, the Commission has approved continuation of the current practice of providing predecisional programmatic documents, such as drafts of rulemaking plans. proposed and final rules, and licensing and inspection guides to all Agreement States. The approval, however, does not extend to other, more sensitive, predecisional documents that pertain to matters such as escalated enforcement actions, allegations and investigations. These more sensitive types of documents will only be provided to Agreement States on a "need-to-know" basis and only to Agreement States that we determine can protect the information from public disclosure.

We have developed the enclosed procedure for NRC staff use in the distribution of I predecisional documents to Agreement States. We will use as a primary means of distribution, the electronic subsystem that has been established for sole use by the Agreement States to comment on draft rulemakings and draft guidance documents. This subsystem is under the Technical Conference Forum of the NRC Home Page. The subsystem can only be accessed by the Agreement States having a user name and password unique to each Agreement State  :

(SP-97-084, December 9,1997). Notification of any new documents added to the subsystem l will be provided through an All Agreement States letter or specific announcement that will be posted to the "OSP Announcements" list server. In some cases distribution of the predecisional document will be accomplished through an All Agreement States letter.

The Commission also asked that it be informed immediately if a predecisional document is released by an Agreement State. We ask that each Agreement State take necessary steps to ensure that you will notify me, or the contact identified in the transmittal letter, within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> of discovery in the event a predecisional document is released by your program. We will, in turn, notify the Commission.

If you have any questions regarding this correspondence, please contact me or the individual named below.

POINT OF CONTACT: Stephen N. Salomon INTERNET: SNS@NRC. GOV TELEPHONE: (301) 415-23 FAX: (301) 415-3502 i

an Paul H. Lohaus, Dire tor a

Office of State Programs

Enclosure:

As stated