[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