ML20136B018
| ML20136B018 | |
| Person / Time | |
|---|---|
| Issue date: | 11/15/1985 |
| From: | NRC |
| To: | |
| Shared Package | |
| ML19310G510 | List:
|
| References | |
| FRN-48FR36358, RULE-PR-2 AB78-1-001, AB78-1-1, SECY-85-020, SECY-85-20, NUDOCS 8511200109 | |
| Download: ML20136B018 (9) | |
Text
{{#Wiki_filter:< r ? J/bL /W t /DI AB7N (W i AB Index to Resulatory History pDR for Propose < Amendments to 10 CFR Part 2 - Adjudications; Special Procedures for Resolving Conflicts Concerning the Disclosure or Nondisclosure of Information l' Item Subject Date Federal Register Notice, NRC Statement of Policy - 8/10/83 48 FR 36358 Investigations and - Adjudicatory Proceedings. / Final Statement of Policy Investigations,Inspsctions, 9/7/84 l signed by Samuel J. Chilk and Adjudicatory Proceedings. Staff requirements memorandum SECY-84-276/276A - Notifica- 9/10/84 l for Herzel H.E. Plaine tion of Consnission approval ! from Samuel J. Chilk of final Statement of Policy l on Investigations, Inspections and Adjudicatory Proceedings and of directions to EDO to [ fnitiate rulemaking. i Relationship between Investi- 9/12/84 Staff requirements memorandum for William J. Dircks from gations/ Inspections and Adjudi-Samuel J. Chilk cations (SECY-84-276/276A) Instructions to implement ! procedures in Policy Statement ! through rulemaking. Federal Register Notice, NRC Statement of Policy - 9/13/84
- 49 FR 36032 Investigations, Inspections, and Adjudicatory Proceedings.
Memorandum for Robert B. Initiation of rulemaking to 10/12/84
- Minogue from William J. establish special procedures
! Olmstead, with attachments for resolving conflicts con-L cerning the disclosure or non-disclosure of information - regulatory analysis and value-impact assessment unnecessary. Memorandum for Harold R. Interoffice review of draft 10/22/84 Denton et al. from Federal Register notice William J. Olmstead containing proposed amendments to 10 CFR Part 2. i gtg109351115 N i 2 4eFR:2358 L
i Memorandum to William J. NRC Statement of Policy in 10/23/84 Olmstead from Confidential Infomation - Gary J. Edles coments on draft amendments Memorandum for William J. No coment response to memo of 10/24/84 Olmstead from G. Wayne Kerr 10/22/84. Memorandum for William J. Response to memo of 10/29/84 Olmstead from Kenneth E. 10/22/84. Perkins Memorandum for William J. No comment response to memo 10/30/84 Olmstead from Frank of 10/22/84. Ingram Memorandum for William J. Response to memo of 11/7/84 Olmstead from Robert D. 10/22/84 Martin Note to William J. Olmstead Coments on draft amendments 11/8/84 from James Lieberman to 10 CFR Part 2 Marked copy of 10/22/84 Coments on draft amendments 11/8/84 memorandum from Joseph R. to 10 CFR Part 2 Gray Memorandum for William J. Response to memo of 11/8/84 Olmstead from Bruce A. 10/22/84 Berson Memorandum for William J. Response to memo of 11/8/84 Olmstead from Harold R. 10/22/84 Denton Memorandum for William J. DRR review of proposed rule 11/9/84 Olmstead from J.M. Felton, adding procedures on disclosure with attachment or nondisclosure of infomation to 10 CFR Part 2 Memorandum for William J. No coment response to memo 11/9/84 Olmstead from James P. of 10/22/84 0'Reilly Memorandum for William J. Response to memo of 11/9/84 Olmstead from Robert M. 10/22/84 Lazo Memorandum for William J. No coment response to memo 11/14/84 Olmstead from James L. of 10/22/84 Blaha
Memorandum for William J. Response to memo of 11/14/84 Olmstead from John G. Davis 10/22/84 Memorandum for William J. Simplified version of 11/14/84 Olmstead from Robert M. I 2.795a. Lazo, with attachment Memorandum for William J. Response to memo of 11/19/84 Olmstead from Ben B. Hayes 10/22/84 Memorandum for William J. Response to memo of 11/21/84 Olmstead from Sharon R. 10/22/84 Connelly Memorandum for Jane R. Mapes Conforming amendments related 12/3/84 from 8. Paul Cotter, Jr. to proposed nondisclosure regulations. Memorandum for William J. Proposed amendments, Part 2, 12/5/84 Olmstead from Sharon R. re: special procedures for Connelly resolving conflicts concern-ing the disclosure or non-disclosure of information - additionofnewsubsection(b) to 10 CFR i 0.735-41.. Memorandum for Harold R. Interoffice review of draft 12/5/84 Denton, et.al., from Commission paper and revision Guy H. Cunningham, III, of draft Federal Register with attachments notice containing proposed amendments to 10 CFR Part 2 Memorandum for Guy H. Concurrence in memo of 12/10/84 Cunningham, III from 12/5/84 G. Wayne Kerr Memorandum for Guy H. Interim response to memo 12/11/84 Cunningham, III from of 12/5/84 Harold . R. .Denton Memorandum for Guy H. Concurrence in memo of 12/12/84 Cunningham, III from 12/5/84 J.M. Felton Memorandum for Guy H. Concurrence in memo of 12/14/84
-Cunningham, III from 12/5/84 Harold R. Denton
Memorandum for Jane OGC comments on proposed 1/10/85 Mapes from James A. rule on procedures for Fitzgerald resolving conflicts con-cerning the disclosure or nondisclosure of information Memorandum for William J. Comission paper transmitting 1/14/85 Dircks from Guy H. proposed amendments to 10 CFR Cunningham, III Parts 0 and 2 establishing special ex parte in camera procedures for resolving conflicts concerning the dis-closure or nondisclosure of e information. SECY-85-20 Relationship between investi- 1/17/85 Comission paper, with gations/ inspections and adjudi-two enclosures cations (SECY-84-276/276A) - Proposed amendments to 10 CFR Parts 0 and 2 establishing special ex parte in camera procedures for resolving con-flicts concerning the dis-closure or nondisclosure of information. Correction notice to all Enclosure 2 - draft staff 1/31/85 holders of SECY-85-20 requirements memorandum from the Secretariat Notation vote response SECY-85-20 approved subject 2/6/85 sheet for Samuel J. Chilk to comments from Comissioner Zech Memorandum for Samuel J. Replacement pages 19 and 20 2/8/85 Chilk from William J. for Enclosure 1 to SECY-85-20 Dircks - new 5 2.795a(c) Notation vote response SECY-85-20 approved 3/6/85 sheet for Samuel J. Chilk from Comissioner Bernthal Memorandum for William J. Staff requirements memoran- 5/2/85 Dircks from Samuel J. dum re SECY-85-20 Chilk Letter to Morris K. Udall, Letter to Congress re publi- 5/16/85 et. al . , from Guy H. cation of proposed amendments Cunningham, III to 10 CFR Part 2 in Federal Register
Federal Register notice 10 CFR Part 2 - Adjudications; 5/22/85 of proposed rulemaking Special procedures for resolv-
-50 FR 21072-21077 ing-conflicts concerning the disclosure or nondisclosure of information Note to Jane Mapes from Proposed rule on disclosure 5/30/85 George E. Johnson of investio** ry information in adjud! . tory proceedings Federal Register correction 10 CFR Part 2 - Adjudications; 5/31/85 notice - 50 FR 23138-23139 Special procedures for resolv-ing conflicts concerning the disclosure or nondisclosure of information Memorandum for Jane R. Mapes Regulatory history procedures 5/31/85 from John Philips Letter for Jane Mapes from Request for extension of 7/17/85 Diane Curran, Harmon, Weiss comment period - letter i Jordan docketed 7/18/85 Memorandum for Samuel J. Request for extension of 7/19/85 Chilk from William J. comment period Olmstead ,with enclosures Notice for Federal Register Extension of coment period 7/23/85 signed by Samuel J. Chilk for proposed rule to 8/23/85 Federal Register notice Extension of coment period 7/26/85 50 FR 30446-30447 for proposed rule to 8/23/85 Letter for Jane R. Mapes Coments on proposed amend- 6/13/85 from Ivan W. Smith ments on ex parte in camera presentations Letter to Secretary of the Comments on proposed amend- 7/10/85 Comission from R.E. Helfrich, ments Yankee Atomic Electric Co.
Letter to Samuel J. Chilk Coments on proposed amend- 7/22/85 from Bishop, Liberman, Cook,' ments on behalf of Duke Power Purcell & Reynolds Co., Mississippi Power & Light Co., Northeast Utilities, Pacific Gas & Electric Co., Southern California Edison Company, and Washington Public Power Supply System
i Letter to Secretary of the Comments on proposed amend- 7/22/85 Commission from Newman & ments on behalf of Florida Holtzinger, P.C. Power & Light Company and Houston Lighting and Power Company Letter to Secretary of the Connents on proposed amend- 7/23/85 Commission from General ments on behalf of AIF Counsel, Atomic Industrial Lawyers Committee Forum, Inc. Letter to Secretary, Connents on proposed amend- 8/21/85 USNRC from Wells Eddleman ments Memorandum from Diane Curran, Comments on proposed amend- 8/23/85 r Harmon & Weiss and Nina Bell, ments on behalf of Union of Nuclear Information and Concerned Scientists and Resource Service Nuclear Information and Resource Service Memorandum from Susan L. Comments on proposed amend- 8/23/85 Hiatt, OCRE Representative ments by Ohio Citizens for Responsible Energy, Inc., (OCRE) Letter to Samuel J. Chilk Comments on proposed amend- 8/21/85 from J.R. Thorpe, GPU ments Nuclear Letter to Jane R. Mapes Comments on proposed amend- 9/16/85 from Ken Bossong, Critical ments Mass Energy Project of Public Citizen
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' s 38358 Federal Register / Vol. 48, Nr.155 / Wedn:sday. August 10, 1985 / Notic;s M
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findings reflecting its review of the petition to intervene which must include of the Advisory Committee on Reactor l application under the Act. which will be a list of the contentions which are Safeguards on the application for facility j set forth in the proposed license, and sought to be litigated in the matter, and operating license:(5) the proposed
'a has concluded that the issuance of the the bases for each contention set forth facility operating license, and (6) the-k# license will not be inimical to the with reasonable specificity. A petitioner Technical Specifications, which will be common defense and security or to the who fails to file such a supplement attached to the proposed facility health and safety of the public. Upon which satisfies these requirements with operating license.
lasuance of the license, the applicants respect to at least one contention will Copies of the proposed operating
.p will be required to execute an indemnity not be permitted to participate as a license and the ACRS report, when agreement as required by Section 170 of party. available, may be obtained by request
, the Act and 10 CFR Part 140 of the A request for hearing or a petition for to the Director. Division of Licensing, Commission's reg lations.
leave to intervene must be filed with the Officer of Nuclear Reactor Regulation, M By September 9, '983, the applicant Secretary of the Commission, United U.S. Nuclear Regulatory Commission, ci may file a request 1 r a hearing with States Nuclear Regulatory Commission, Washington, D.C. 20555. Copies of the oy respect to issuance i f the facility Washington, D.C. 20555, A'ITN: Commission's staff safety evaluation h operating license and any person whose Docketing and Service Sections, or may report and final environmental
) interest may be affected by this be delivered to the Commissidn's Public statement, when available, may be y proceeding may file a petition for leave Document Room 1717 H Street. N.W., purchased at current rates, from the 4 to intervene. Request for a hearing and Washington, D.C by September 9,1983. National Technical Information Service, petitions for leave to intervene shall be A copy of the petition should also be Department of Commerce. 5285 Port iI' filed in accordance with the sent to the Executive Legal Director, Royal Road. Springfield. Virginia 22161.
y Commission's " Rules of Practice for a Domestic Licensing Proceedingsin to U.S. Nuclear Regulatory Commission'B' Washington, D.C. 20555, and to Troy Dated at Bethesda, Maryland this 27th day
- M ofluly m CFR Part 2. If a request for a hearing or Conner. Jr., Esq., Conner & Wetterhahn.
i4 petition for leave tc ntervene is filed by P.C Suite 1050,1747 Pennsylvania For the Nuclear Regulatory Commission.
'h the above date, the Commission or an Avenue, NW., Washington, D.C. 20006, " ,?
O Atomic Safety and Licensing Board, attorney for the applicant. Any [,l'Id'.'"'
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designated by the Commission or by the questions or requests for additional
" Chairman of the Atomic Safety and information regarding the content of this N '"' * **-*1 " "I
% Licensing Board Panel, will rule on the notice should be addressed to the Chief "" CO ' *
request and/or petition and the Hearing Counsel, Office of the Executive Secretary of the Commission, or Legal Director U.S. Nuclear Regulatory
., designated Atomic Safety and IJcensing Commission. Washington, D.C. 20555. investigations and Adjudicatory Board willissue a notice of hearing or Nontimely filings of petitions for leave Proceedings; Statement of Policy ]? '
an appropriate order. . to intervene, amended petitions, Recent developments in several ti ^ As requiredby to CFR 2.714, a supplemental petitions and/or request ongoing licensing proceedings require petition for leave to intervene shall set ' for hearing will not be entertained the Commission to address how the
]Q forth with particularity the interest of absent a determination by the NRC staff, the Office of Investigations 4 the petitioner in the proceeding, and Commission, the presiding officer, or the (OI), and adjudicatory boards are to O how
- hat interest may be affected by the Atomic Safety and Licensing Board treat information regarding pending y results of the proceeding. The petition designated to rule on the petition and/or inspections and invest!gations that is should specifically explain the reasons request, that the petitioner has made a material to the issues in controversy in
.}i why intervention should be permitted substantial showing of good cause for NRC's adjudicatory proceedings. There y .f - with particular reference to the the granting of a late petition and/or are potential conflicts between a j
g following factors:(1)The nature of the petitioner's right under that Act to be request.That determination will be presiding officer's need to be informed based upon a balancing of the factors of material developments and an i9 made a party to the proceeding:(2) the specified in 10 CFR 2.714(a)(1)(i)-{v) and investigating office's need to avoid nature and extent of the petitioner's 2.714(d). premature disclosures that could
, S. property, financial, or other interest in For further details pertinent to the compromise the inspection or '
j the proceeding; and (3) the possible matters under consideration, see the investigation. These potential conflicts l 4i effect of any order which may be application for the facility operating are the subject of an NRC internal task P,y} entered in the proceeding on the 1 license, including the Final Safety force study on developing guidelines for 1 5g petitioner's interest.'Ihe petition should Analysis Report and the Environmental reconciling these conflicts in individual
" also identify the specific aspect (s) of the Report dated lune 28,1983, which are cases. Until that task force reports and subject matter of the proceeding as to available for public inspection at the the Commission acts on its which petitioner wishes to Intervene. Commission's Public Document Room, recommendations, the Commission's
' Any person who has filed a petition for 1717 H Street, N.W., Washington. D.C. policy in individual cases would be as k leave to intervene or who has been and at the Salem Free Public Library, follows:
admitted as a party may' amend his 112 West Broadway, Salem. New Jersey 1. Under current practice parties in
$y petition, but such an amended petition 08079. As they become available, the adjudicatory proceedings have the snust satisfy the s l described above.pecificity requirements following documents may be inspected general duty to inform the adjudicatory
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- at the above locations: (1) The safety Not later than fifteen (15) days prior to evaluation report prepared by the boards of matters that are material to the issues in controversy so that a the Brst prehearing conference Commission's staff;(2) the draft informed decisions can be made. Except
- V scheduled in the proceeding, the enviromental statement; (3) the final as provided in the following paragraph, y petitioner shall file a supplement to the environm, ental statement: (4) the report information which is the subject of g.n . .# '
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- 3 Feder:1 Register / V:1. 48, N 155 / Wednesday August'10,1983 / Notices 38350 ee
[ ongoing inspections or investigations should be considered for disclosure to OFFICE OF MANAGEMENT AND .' FOIA exemption (b)(3) provides that access under the I:01A is not required if the material BUDGET , (( tha adjudicatory boards under the same principles that apply to other materials.
, sought is specifically barred from disclosure Privacy Act of 1974; Proposed Revised by statute (other than by the FOIA ,itself). 3
- 2. Consistent with paragraph 1 above, Supplemental Guidande on provided that such statute: (a) Requires that : ,
O where staff or 01 believes in a particular implementation of the Privacy Act of the matters be withheld from the public la <
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case that it is its duty to inform an 1974 such a manner as to leave no discretfon on
. - the issue or (b) establishes particular criterie cdjudicatory board of information which AGENCY:Off ce of Management and for withholding or refers to particular types of is the subject of a pending inspection or Budget. matters to be withheldc l investigation or an adjudicatory board Records may be withheld from the ACDON: Request for comments on g believes that it needs more information proposal to revise guidance on individual under the Privacy Act if they are g conceming the subject of a pending implementation of the Privacy Act of m8intained in exempt systems of records u y inspection or investigation, but that pmvided by sections (J) or (k) of the Act or if f
1974' the records were compiled in reasonable unrestricted disclosure could compromise the inspection or
SUMMARY
- Dis document requests anticipation of civil action or proceedings as pr vided in subsection (d)(5).
investigation, the information and an public comment on a proposal to revise sxplanation of the basis for the concem certain Privacy Act implementation Note.-For certain exempt systems,
! cbout disclosure to the other parties guidance issued to the agencies on substantial portions of the covered records E should first be presented to the board,in November 21,1975. This guidance was **Y be required to be released. For example.
I see ge mquimments o4kH5), camera, without disclosure of the originally published in the Federal , substance t9 the other parties. While the . Register on December 4,1975. [R Du m-n7st FuM44 aos m)
* """ EO ' 8 parties should not be provided with the FOR FuRTHER INFORMADON CONTACT:
l substance of theinformation provided to Robert N. Veeder, Office of Information tha board, they should be notified that and Regulatory Affairs. Office of L the staff will present information to the Management and Budget Room 3235, SECURITIES AND EXCHANGE Board on a pending inspection or New Executive Office Building. COMMISSION _ investigation. In any case where the Washington, D.C. 20503: telephone (202) Board feels that disclosure to other 395-4814. Fue C e pirties is required (e.g., withholding suPPt.EMENTARY INFORMATION:OMB is gg % information may prejudice one or more proposing to revise guidance on the relationship of the Freedom of Stock,8.10 Par Value; Application to parties) under protective order or g, g g otherwise, and staff or Olis still Information Act and the Privacy Act of concerned that disclosure could 1974.The text of this proposalis set R@h compromise the inspection or orth below. interested parties are August s.19s3. _ investigation, staff or O! should petition invited to provide comments on or ne above name issuer has filed an directly to the Commission for relief and before October l.1983. Comments aplication with the Securities and should be sent to the Office of Exchange Commission pursuant to E the Board should refrain from ordering nnau n and Re#atory Affairs, Section 12(d) of the Securities Exchange disclosure untilit has received Washington, D.C. 20503. Commission guidance. Act of 1934 ("Act") and Rule 12d2-2(d) C8 d
- C 8'Y8
- promulgated thereunder, to withdraw The Commission would like comments DeputyAssociate Dimetarfor the specified security from listh.g and on:(1) ne propriety and desirability of A dministmtion. registration on the American Stock en in comem presentation to the Board Exchange, Inc. (" Amex").
with only one party present of The Office of Management and Budget information telating to a matter in ses to revise its " Implementation pjope o Pnvecy Act of1974 for t a t a ty f a controversy and (2) any alternatives to Supplementary Guidance. Federal listing and registration include the the scheme adopted by the Commission g wing: which the commenters believe would Register, Volume 40, No. 234, dated better serve the needs of the parties to December 4,1975,5o741) as follows: a,1.%e common mmunities, Inc. ( 'stock of Fairfield Company ) is listed procedural fairness, of the Boards to "The first and last paragraphs of section 8, ' Relationship to the Freedom and registered on the Amex. Pursuant to pertinent information, and of the ofInformation Act (subsection (q))* are a Registration Statement on Form 8-A Commission to protect incomplete which became effective on May 27.1983, inspections and investigations.These deleted. The following is added to the end of the section 8: the Company is also listed and comments may be considered by the registered on the New York Stock Commission when it reviews the W Wacy Act and the FOIA should be 7 a a y Exchange ("NYSE"). He Company has I conclusions and recommendations of ',(eth y determined that the direct and indirect tha internal NRC task force study, indnidual under the FOIA on the basis of costs and expenses do not justify Dated at Washington, D C. this 5th day of exemption (b)(3)if those records are maintaining the duallisting of the August 1983. exempted from release to the individual common stock on the Amex and the For the Commission.' under the Privacy Act. 'lliis interpretation is NYSE. supported by the majority of courts that have 2. This application relates solely to Samuel l. CMk. Secutoryoffhe Commission. [n the t o . y hav h Id t at withdrawal of the common stock from in om entes ru.d nas aas a=1 the Privacy Act is a (b)(3) statute for listing and registration on the Amex and on.uese caos resws.es purposes of the FOIA. (Note that the D.C. shall have no effect upon the continued Circuit created a split to the circuits when it listing of such stock on the NYSE.The
' Coomunionse Cihnah was snavauable to held that the two laws must be read Amex has posed no objection to this parepe independently.) matter, s -
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- 849]74 PDR l FROM ACTION CONTROL DATES CdkTUIb SECY: Chilk
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_/ coa /sc 147_84 DATE OF DOCUMENT l
.NTtRiu acetv 9/7/84 PREPARE FOR SIGNATURE FINAL REPLY FILE LOCATION Ocxccutivt oinccioa OTHER SPECIAL INSTRUCTIONS OR REMARKS DESCR:PTION O tcricR O utuo O RcPoRt O OTHER Commission directs NRC staff to commence a rulemaking on conflict between the need for disclosure to the board and parties and the need to protect an investigation or inspection ASSIGNc0 TO DATc INFORMATION ROUTING Cunninoham, ELD 9/12/84 Dircks, ~ '
for APPROP.ACIION' Roe , . Rehm Stello Minogue . Denton DeYoung NRC FORM 232 EXECUTIVE DIRECTOR FOR OPERATIONS gyg 3,g7 gg'gggg,g 7jf73 ggpy (SM PRINCIPAL CORRESPONDENCE CONTROL __.}}