ML20135A092

Responds to Appeal Re Denial of FOIA Request for SECY-85-080.Ofc of Investigation Policies on Rights of Interviewees During Investigations Encl

ML20135A092
Person / Time
Issue date:	08/28/1985
From:	Chilk S NRC OFFICE OF THE SECRETARY (SECY)
To:	Silberg J SHAW, PITTMAN, POTTS & TROWBRIDGE
References
FOIA-85-493, FOIA-85-A-338 NUDOCS 8509090354
Download: ML20135A092 (2)

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UNITED STATES NUCLEAR REGULATORY COMMISSION g' ' 3 y, g W ASHINGT ON. D.C. 20555

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1 **"* August 28, 1985

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OFFICE OF THE SECRETARY p Cra p i i i

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d5-4-33C Jay E. Silberg, Esq. bb' Shaw, Pittman, Potts & Trowbridge

]l 1800 M Street, N.W.

! Washington, D.C. 20036

Re

Appeal of an Initial FOIA Decision i FOIA-85-493 i

Dear Mr. Silberg:

! Pursuant to your conversation of August 22, 1985 with

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Richard Levi of the Office of General Counsel, it is our i understanding that you are interested in the policies

! adopted by the Commission in response to SECY-85-80, rather than in SECY-85-80 itself. Since the policies adopted were not identical to those proposed, we are providing you with a copy of the policies as adopted. We understand that this will be a satisfactory disposition of your FOIA appeal.

Sincerelj, amuel J. h ilk l

[' Secretary i

Attachment:

OI Policies i

i 8509090354 850828 l PDR FOIA SILBEROSS-A-33 PDR

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OI Policies on Rights of Interviewees During Investigations .

1. OI investigators will continue the practice of normally not advising individuals in non-custodial interviews

that they may be represented by counsel. However, individuals being interviewed should not be told that they cannot employ private counsel for consultation

and/or attendance at such interviews.

2. Individuals being interviewed will normally be permitted .

to have a personal attorney or other personal representa-tive present during interviews. However, if the personal attorney or representative also represents another potential interviewee or the company being investigated, then the investigator will contact headquarters and a case-by-case determination shall be made whether to exclude the personal attorney on conflict of interest grounds. Other third parties, such as licensee management or union stewards, will normally not be permitted to be present during inter-views. Requests for other than personal counsel shall be handled on a case-by-case basis after consultation with OGC.

3. The use of stenographic reporters or tape recorders will be at the discretion of the investigator but will )

not normally be used due to the impediment they may j pose to the tree flow of information. Requests by an j interviewee to have an interview recorded will be dealt  ;

with on a case-by-case basis. The investigator may ,

eitner allow taping or terminate the interview. The NRC normally will make the tape if an interview were to be recorded, and would not provide the interviewee a copy of the tape before the investigation has been completed.

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