[Federal Register Volume 70, Number 102 (Friday, May 27, 2005)]
[Notices]
[Pages 30820-30821]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-2690]


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NUCLEAR REGULATORY COMMISSION

[Docket No. PAPO-00; ASLBP No. 04-829-01-PAPO]


Atomic Safety and Licensing Board; In the Matter of U.S. 
Department of Energy (High Level Waste Repository: Pre-Application 
Matters)

May 23, 2005.

    Before Administrative Judges: Thomas S. Moore, Chairman, Alex S. 
Karlin Alan S. Rosenthal.

Order

    The Pre-License Application Presiding Officer (PAPO) Board held its 
second case management conference in this proceeding on May 18, 2005. 
The Department of Energy (DOE), the NRC Staff, the State of Nevada 
(State), the Nuclear Energy Institute (NEI), and the Nuclear 
Information and Research Service (NIRS) attended the conference. During 
this meeting the Board heard discussion on a written request, filed by 
DOE on May 12, 2005, that the Board establish uniform requirements for 
the retention of e-mails and other documents that constitute or may 
constitute documentary material as defined in 10 CFR 2.1001. DOE 
suggested that document retention requirements should be part of the 
procedures required under 10 CFR 2.1009, and that participation as a 
party in this proceeding requires substantial compliance with such 
procedures under 10 CFR 2.1012(b). DOE, the NRC Staff, the State, and 
NIRS participated in the discussion of this proposal.
    Upon consideration of this matter, and hearing no objection from 
any of the participants during the May 18, 2005 conference, the Board 
agreed that the matter warranted further consideration and attention. 
The Board is concerned that, absent a uniform procedure prescribed by a 
case management order, some of the current participants, as well as 
other potential parties, might not have timely instituted documentary 
material retention policies or been aware of the need to adopt and 
follow retention policies for such material. The development and 
specification at this time of reasonable uniform documentary material 
retention procedures should enable all current participants and 
potential parties to avoid unnecessary burdens and expense.
    Accordingly, the Board orders the participants attending the second 
case management conference to meet and to confer for the purpose of 
developing a joint proposed minimum acceptable

[[Page 30821]]

standard of documentary material retention for this proceeding. The 
joint proposal shall be submitted to the Board by July 1, 2005. In the 
event the participants cannot agree on a joint proposal, then DOE, the 
NRC Staff, and the State each shall submit by that date their 
respective, individual proposals. All other potential parties are 
encouraged to participate in the meeting with DOE, the State, and the 
NRC Staff and to contribute to the discussion and proposed resolution 
of these issues. If agreement is not possible, NEI, NIRS, or any other 
participating potential party may submit an independent proposal to the 
Board by July 1, 2005. Any potential party may submit comments on the 
proposals of any other potential party by July 8, 2005.
    At the second case management conference, counsel for DOE offered 
to host the meeting of the participants and potential participants. All 
of the participants agreed that the meeting should be held on 
Wednesday, June 15, 2005 at 10 a.m., EDT, in the main conference room 
of the law firm of Hunton & Williams (counsel for DOE), 1900 K Street, 
NW., 12th floor, Washington, DC. Any person desiring to participate in 
the meeting and discussion of this issue should provide telephone or e-
mail notice, not later than 5 p.m. EDT, June 8, 2005, to counsel for 
DOE via Ms. Belinda Wright, telephone 804-788-8581, e-mail 
[email protected]. Such notice shall contain the following 
information: (a) Name of person desiring to attend; (b) organizational 
affiliation, if any; (c) daytime phone number; (d) e-mail address; (e) 
mailing address; and (f) statement as to whether the person intends to 
participate in person, or desires to participate remotely in the event 
that electronic facilities can be made available.
    DOE, the State, NRC Staff, NEI, and NIRS are strongly encouraged, 
through appropriate notices on their respective web sites, and other 
reasonable methods, to inform the public, their stakeholders, and any 
other interested persons or entities of the proposal to develop uniform 
procedures, applicable to all potential parties, concerning the 
retention of e-mails and other documents.
    It is so Ordered.

    Dated in Rockville, Maryland, on May 23, 2005.

    For the Pre-license Application Presiding Officer Board.
Thomas S. Moore,
Chairman, Administrative Judge.
[FR Doc. E5-2690 Filed 5-26-05; 8:45 am]
BILLING CODE 7590-01-P