ML20136B307
| ML20136B307 | |
| Person / Time | |
|---|---|
| Issue date: | 11/14/1984 |
| From: | Lazo R Atomic Safety and Licensing Board Panel |
| To: | Olmstead W NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| Shared Package | |
| ML19310G510 | List:
|
| References | |
| FRN-48FR36358, RULE-PR-2 AB78-1-020, AB78-1-20, NUDOCS 8511200180 | |
| Download: ML20136B307 (5) | |
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- 4 UNITED STATES y
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8 ~ 3 NUCLEAR REGULATORY COMMISSION 'qJ i-
. 5~ j WASHINGTON, D. C. 20555 '
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% . . . . ~/ h November 14, 1984 MEMORANDUM FOR: William J. Olmstead Director and Chief Counsel Regulations Division Office of Executive Legal frector FROM: Robert M. Lazo Dep2tyChiefAdminh.M. .
strative Judge - Executive
SUBJECT:
RULEMAKING FOR PROCEDURES TO RESOLVE DISCLOSURE DISPUTES As promised in my memorandum of November 9,1984, I am enclosing for your consideration a simplified version of proposed Section 2.795a et seq. that we think accurately captures all of the requirements of the Commission's policy statement and the recommendations of the Task Force.
cc: -B. Paul Cotter, Jr. , ASLBP David L. Prestemon, ASLBP Ivan J. Smith, ASLBP Gary J. Edles, ASLAP Roger Fortuna, 0I William J. Ward, 0I Edward S. Christenbury, OELD James A. Fitzgerald, 0GC Kenneth E. Perkins, Jr., IE 8511200100 PDR 851115 PR 2 40FR36358 PDR
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9 2.795a. Disclosure in adjudicatory proceedings of information relating to investigations or inspections or provided by a confidential
. informant.
-(a) Requirement of disclosure. .
When an NRC office has information concerning an ongoing
- investigation or inspection that is potentially relevant to 'a pending
. adjudicatory proceeding, it shall disclose such information to the presiding officer and the parties unless it determines that unrestricted
- disclosure would (1) prejudice the inspection or investigation or (2) reveal the identity of a confidential informant.
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(b) Request to withhold disclosure.
If, in accordance with the provisions of subparagraph (a) of this section, an NRC office determines that information in its possession should be withheld from disclosure, in whole or in part, it
- shall proceed as follows:
(1) The office shall promptly. submit the information to the presiding officer together with a request that it be withheld from disclosure indefinitely or for some specified time, or that.it be disclosed subject to such restrictions, by way of protective order or otherwise, as the office may deem necessary and appropriate. The request shall include a full explanation of the basis for the submitting office's conclusion that non-disclosure or restricted disclosure is required.
(2) Insofar as possible without revealing the substance of 4
the information involved, the office shall notify the parties of the nature of the matters presented to the presiding officer and the restrictions on disclosure requested.
(c) Determination by the presiding officer.
Information subject to a request for.non-disclosure or restricted disclosure shall be considered by the presiding officer in camera and shall not be revealed to the parties to the proceeding. The presiding officer may require or permit an in camera oral presentation by the requesting office without other parties present. If any such in_
camera proceeding is conducted, a verbatim transcript shall be made.
(1) If the presiding officer grants the request, it shall I
order that the information concerned be withheld from disclosure or disclosed subject to the restrictions requested.
(2) If the presiding officer determines that the request should be denied in whole or in part, it shall notify the requesting office of its intent to order disclosure, specifying the information to be disclosed, the terms of any proposed protective order, and the basis for its conclusion that prompt disclosure is required. The notice shall provide a reasonable time within which the requesting office may submit a statement of its objections or concurrence.
(3) If the requesting office concurs in the disclosure specified in the notice, the presiding officer shall issue the order proposed, provided, that any order to disclose the identity of a confidential informant shall be certified to
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the Comission for review regardless whether the NRC office concerned concurs and the order shall be stayed pending that review.
(4) If.the requesting office objects to the order as proposed, and any such objection is disallowed, the presiding officer shall certify its order to the Comission for review and the order shall be stayed pending such review.
~(d) Comission review.
When an order is certified to the Comission pursuant to subsection (c) of this section, the record on review shall consist of the information 'provided to the presiding officer in. camera, all-documents filed with the presiding officer by the office requesting non-disclosure or restricted disclosure, the transcript of any oral in n camera proceedings, the presiding officer's notice of intent to order disclosure and the presiding officer's order. Within ten days after.the Board's order certifying the record to the Comission, the NRC office concerned may file a brief with the Comission in support of its objections.to disclosure. The brief need not be served on the parties to the proceeding but all parties shall be notified of its filing.
Within seven days after service of such notice, any party to the proceeding may file a brief with the Comission.
(e).Releaseofinformation.
When disclosure of information other than the identify of a confidential informant has been withheld or restricted pursuant to order of. the presiding officer or the Comission, the NRC office at whose L.. _
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request such order was issued shall notify the presiding office or Commission, as appropriate, when its objection to disclosure of all or any portion of the information is withdrawn. Unless the Commission has ordered otherwise, such information may then be released without further
' Commission order. The identity of a confidential informant may not be released except by order of the Commission.
(f)- Record deemed sealed pending further order.
When a presiding officer or the Commission determines that information concerning a pending investigation or inspection should not be disclosed to the parties, the record of any in, camera proceeding
- conducted shall be deemed sealed pending further order. That record will be ordered included in the public record of the adjudicatory proceeding upon completion of the inspection or investigation, or upon public disclosure of the information involved, whichever is earlier, subject to any privileges that may validly be claimed under.the Commission's regulations, and provided that no.part of the record ontaining information pertaining to the identity of a confidential informant will be made public except pursuant to Commission order.
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