10 CFR 2.1006, Privilege

Privilege

a

(a) Subject to the requirements in § 2.1003(a)(4), the traditional discovery privileges recognized in NRC adjudicatory proceedings and the exceptions from disclosure in § 2.390 may be asserted by potential parties, interested States, local governmental bodies, Federally-recognized Indian Tribes, and parties. In addition to Federal agencies, the deliberative process privilege may also be asserted by States, local governmental bodies, and Federally-recognized Indian Tribes.

b

(b) Any document for which a claim of privilege is asserted, but is denied in whole or in part by the Pre-License Application presiding officer or the presiding officer, must be provided in electronic form by the party, interested governmental participant, or potential party that asserted the claim to-

(1) The other participants; or

(2) To the Pre-License Application presiding officer or to the presiding officer, for entry into a Protective Order file, if the Pre- License Application presiding officer or the presiding officer so directs under §§ 2.1010(b) or 2.1018(c).

c

(c) Notwithstanding any availability of the deliberative process privilege under paragraph (a) of this section, circulated drafts not otherwise privileged shall be provided for electronic access pursuant to § 2.1003(a).

Federal Register

64 FR 15920, Apr 2, 1999; 69 FR 2265, Jan. 14, 2004; 77 FR 46587, Aug. 3, 2012]

External Links

NRC website 10 CFR 2.1006