ML20136B438
| ML20136B438 | |
| Person / Time | |
|---|---|
| Issue date: | 01/10/1985 |
| From: | Fitzgerald J NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | Mapes J NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| Shared Package | |
| ML19310G510 | List:
|
| References | |
| FRN-48FR36358, RULE-PR-2 AB78-1-030, AB78-1-30, NUDOCS 8511200209 | |
| Download: ML20136B438 (6) | |
Text
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gy 10 1985 bb)bd 9D0 MEMORANDUM FOR: Jane Mapes; ELD
, FROM: James A.lFitzgerald k Assistant General Counsel
SUBJECT:
PROPOSED RULE ON PROCEDURES FOR RESOLVING CONFLICTS CONCERNING THE DISCLOSURE OR NONDISCLOSURE OF INFORMATION OGC suggests that the following paragraphs be inserted in page 2 of the cover memo to the Commission:
Conforming amendments to the Commission's regulations relating to the Conduct of Employees, 10 CFR Part 0, arc proposed to make it unlawful for NRC employees and special government employees to make unauthorized disclosures of investigatory information scaled under the proposed section 2.7951(a). The proposed amendments would also make it unlawful for NRC employees and special government employees to make unauthorized disclosure of other information that is cubject to a protective order issued by a presiding officer, the Appeal Board, or the Commission. This would include, for example, classified national security information, proprietary information, and safeguards information.
By making unauthorized disclosure of this information a violation of Part 0, the NRC would be abic to impose administrative sanctions against individuals who wrongfully disclose protected information. Currently, NRC regulations do not authorize the imposition of such sanctions and we ;
believe that if sanctions are to be provided for 1 wrongful disclosure of investigatory information similar sanctions should be imposed for disclosure of other types of sensitive information subject to protective orders.
We note that the proposed rule does not provide for canctions against employees who disclose national
.socurity information, proprietary information, or safeguards information that is not the subject of a protective order. We believe that regulations ,
should be developed which would permit imposition of administrative sanctions for unauthorized disclosures of such information. We believe, however, that that should be addressed in a separate rulemaking because of the complex considerations l
involved. We have attached a draft memorandum to i
- ggg12g 851115 2 4SFR PDR
. . . =
2 the staff for the Commission's consideration which
.would direct staff to initiate such a rulemaking.
Enclosed are proposed revisions to pages 1, 8 and 14 of the draft Federal Register notice. We also suggest that the following paragraph be added as the first full paragraph on page 11 of that notice:
Conforming amendments to the Commission's regulations relating to the Conduct of Employees, 10 CFR Part 0, are proposed to make it unlawful for NRC employees and special gcVernment employees to make unauthorized disclosures of investigatory information sealed under section 2.795i(a). The
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proposed amendments would also make it unlawful for NRC employees and special government employees to make unauthorized disclosure of other information that is subject to a protective order issued by a presiding officer, the Appeal Board, or the Commission. This would include, for example, classified national security information, proprietary information, and safeguards information.
By making unauthorized disclosure of this information a violation of Part 0, the NRC would be abic to impose administrative sanctions against individuals who wrongfully disclose protected information. For purposes of this regulation, authorized disclosure would include the disclosure to other Federal government officials with a need to have knowledge of the protected information.
Unauthorized disclosure would obviously include disclosure of protected information to members of the public.
Enclosures:
l As stated
pg--
o Dircks/ TRIP 7 MEMORANDUM FOR: William J. Dircks Executive Director for Operations.
FROM: Samuel J. Chilk Secretary of the Commission
SUBJECT:
UNAUTilORIZED DISCLOSURE OF INFORMATION The Commission directs the staff to develop for Commission consideration a proposed rule which would permit the imposition of administrative sanctions against NRC employees and special government employees who knowingly disclose to unauthorized persons investigatory, national security, proprietary and safeguards information that is not the subject of a protective order. The Commission has aircady approved publication of a proposed rule covering unauthorized disclosure of such information when it is the subject of a protective order.
Please submit the proposed rule to the Commission within three months.
i 3
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t NUCLEAR REGULATORY COMMISSION 10 CFR Parts 0 and 2 Adjudications - Special Procedures for Resolving Conflicts
, .Concerning the Disclosure or Nondisclosure of Information AGENCY: Nuclear Regulatory Commission.
!- ACTION: Proposed rule.
SUMMARY
- The Nuclear Regulatory Commission is considering amending its rules of practice to provide special procedures for resolving conflicts concerning 1
the disclosure or nondisclosure of information relating to an NRC investiga-tion _or inspection not yet concluded or which would reveal the identity of t 'a confidential informant and deemed relevant and material- to an adjudication.
Prepared at the express direction of the Commission and intended for the i'
sole use of NRC offices and staff, the proposed amendments apply to all.NRC' l offices that have information relevant and material to an adjudication. The
- proposed amendments provide for ex parte in -camera presentations and implementi Lthe Commission's ' directions in its recent' statement of policy on investigations, inspections and adjudicatory M "-M s p @ M sA = proceedings. -W w Q A s
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i-DATES: ' Comments-must be received on or before
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- Comments received after this date will be . considered if _it is practical to do.so, bu't assuranc'e of consideration cannot be given except to comments 2 -
1 received on or before this date. -
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~* Insert date 60 days after date of publication in Federal Register..
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NRC brief, any other party to the adjudication may file a brief with the Comission. The order of the presiding officer shall be stayed pending Comission review.
The Comission shall consider any matter certified to it for review
.under these procedures jn, camera without parties other than the NRC staff present. The record for Comission review shall consist of the information provided to the presiding office'r ex parte and in camera, all documents filed with the presiding officer by the NRC office requesting a protective order, including ~any statements of concurrence or objection, the transcript of any ex parte in camera oral presentation, the presiding officer's notice of intent to require . disclosure and the presiding officer's order. Upon its own initiative or upon request by the NRC office requesting the imposition of conditions upon the-disclosure of _information or the withholding of information from' disclosure, the Comission may conduct an ex parte in camera oral presentation on any matter certified to it for review under 5 2.795e.
After completing its review, the'Comission will decide whether to affirm, reverse, or amend the ruling.
Whenever the presiding officer or. the Comission issues an order imposing conditions upon or withholding disclosure-of. information, the ex parte in s ~
camera record on which the order is based shall be deemed sealed pending 4 further order.' M cerfs ...;ns ownuments w - 20 GR is 0.7;;-41 anu 0.735-Si areJroposed +a =^= 4+ "a1 ='"' f:r "C .. 4? :;=: --d : ::':1 Ce.c...-...
a=alay==e t: b.e %;1, J%; lum i , . T . ...m . v . . i.;;;d :::'ri The Comission-does not intend these special procedures to be used to shield information properly subject to disclosure under the Freedom of
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0 0.735-41 Misuse of information.
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- fejf g r-P (b) No NRC employee shall knowinglypkc';;e information deemed sealed as ex parte in camera material under 9 2.7951 of this chapterg A W
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In-5 0.735-51, a new paragraph (c) is added to read as follows:
l'0.735-51 Use of inside information.
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(c) No special Government employee shall knowingly disc!cte ninformation deemed sealed as ex parte in camera material under % 2.795i M ~h &I' #"
of.this chapterg
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PART 2 - RULES OF PRACTICE FOR DOMESTIC LICENSIllG PROCEEDINGS.
-. 4. The authority citation for Part 2 is revised to read as follows:
Authority: Sections 161, 181, 68 Stat. 948, 953, as amended (42 U.S.C.
2201, 2231); sec. 191, as amended, Pub. L.87-615, 76 Stat. 409 (42 U.S.C.
2241); sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 5841); 5 U.S.C. 552.
Section 2.101 also issued under secs. 53, 62, 63, 81, 103, 104, 105, 68 Stat. 930, 932, 933, 935, 936, 937, 938, as amended (42 U.S.C. 2073, 2092, 2093, 2111, 2133, 2134, 2135); sec. 102, Pub. L.91-190, 83 Stat.
653, as amended (42 U.S.C. 4332); sec. 301, 88 Stat. 1248 (42 U.S.C. 5871).
Sections 2.102, 2.103, 2.104, 2.105, 2.721 also issued under secs. 102, 103, 104, 105, 183, 189, 68 Stat. 936, 937, 938, 954, 955, as amended (42 U.S.C.
2132,2133,2134,2135,2233,2239). Section 2.105 also issued under Pub. L.