ML19199A237
| ML19199A237 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 04/02/1979 |
| From: | Preyer R HOUSE OF REP., GOVERNMENT OPERATIONS |
| To: | Hendrie J NRC COMMISSION (OCM) |
| References | |
| NUDOCS 7904100020 | |
| Download: ML19199A237 (3) | |
Text
Co w Cet ceq THOMAS N.
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NINETY-SIXTH CONGRESS Congress of the Uniteb States
%)ouse 0! Mtpresentatibts GOVERNMENT INFORMATION AND INDIVIDUAL RIGHTS SUBCOM MITTEE OF THE COMMITTEE ON GOVERNMENT OPERATIONS RAYBURN Houst Orrict Buitc!Nc, Room B-343-B-C WASHINGTON, D.C. 20515 April 2, 1979 Dr. Joseph M. Hendrie Chairman Nuclear Regulatory Comission Washington, DC 20555
Dear Mr. Chaiman:
I noted with interest this morning tae Comission's meeting notice appear-ing in the Federal Register (44 Federal Fcgister 19262, April 2,1979, attached),
announcing the April 4,194 meeting of the NRC's Advisory Comitttee on Reactor Safeguards, Subcomittee on the Three Mile Island Nuclear Station, Unit 2.
As noted in the Federal Register statement, several portions of the April 4 meeting dealing with the incident at the Three. Mile Island Nuclear Station in Pennsyl-vania, are expected to be closed to the public to discuss " matters involving proprietary infomation."
The Subcomittee on Government Information and Individual Rights has legis-lative and oversight responsibility for the Federal Advisory Comittee Act (FACA).
The interest of the NRC Advisory Comittee in protecting confidential proprietary data is understandable, and the FACA provides specific grounds for advisory meetings to be closed to protect such data. However, public interest in the accident at Three Mile Island is high and must be recognized.
Interpretation of what constitutes confidential proprietary business information should be as narrow as responsibly possible, to insure that the meeting be open to the fullest extent.
In addition, although the act only requires the keeping of detailed minutes, I would urge that a transcript be made of closed portions of the meeting.
This tra 1 script should be reviewed using Freedom of Infomation Act standards and the edited version released as soon after the meeting as possible.
The NRC Advisory Comittee also proposes holding a closed " executive session,"
according to the Federal Register notice, "to explore and exchange their pre-liminary opinions regarding matters which should be considered during the (public) meeting". No statutory ground is cited in the notice to justify this closed session. The notion of a " pre-meeting" gathering of comittee members to discuss matters later to be decided at the fomal public session, is inconsistent with the 1.'d, 2G9 7c 0410 002o f
. Dr. Joseph M. Hendrie April 2, 1979 Federal Advisory Co=tittee Act's procedural requirements.
Even if such a session could be closed under one of the act's exemptions, it seems ill-advised given the current atmosphere of confusion surrounding the situation at the Three biile Island facility.
The fullest possible openness and candor is essential to instill public confidence in the government's actions concerning the Three hiile Island nuclear station accident.
Cordially,
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Richardson Pleyer Chainun Attachment 12 E70
Tederal Reyister / Vol 44. No. 04 / Monday. Aprl! 2.1979 / Notkes 1em The aFenda for sub}ect meeting shall e
Dated. M arch :1 19's.
be es follows:
5..
r t on Wedneaday, April 4,1979 m ooc. rs-im r,w s*re a u =I MP.m. un til the conclusion of business awa cox w,uw ne Subcommittee may meet in E.necutive
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- I dylsory Committee on Reactor be present, to explore and exchange ineir prilim nary CP nions regarding matters which Saf eguards, Subcommitiee on Consideration of Class.9 Accidents; I **
I' Meeting Postponed to formulate a report and recommendations to the full Committee.
The ACRS Subcommittee on At the c nelusi n f the Executive Session, Consideration of Class-9 Accidents has the Subcommittee will hear presentations by postponed indefinitely the meeting and hold discussions with representatives of scheduled to be held on April 4.1979 in the NRC Staff. the Metropolitan Edison Washington.D.C. Notice of this meeting Company. et al. and their consultants, was published on March 20,1979 [44 FR pertinent to this review.ne Subcomittee may then caucus to determine whether the 16985).
mattus i entified in the initial session have Dated: March :3.1979.
1 been adequately covered.
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In addition. It may be necessary for the 8""7 '/
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Subcornmittee to brId one or more closed fraon.rs-i m N m eaum=1 sessions for the purpose of exploring matters l Involving proprietary information. I have swwo cooe neo-ow determined in accordance with Subsection 10(d) of Pub.1. 92-4&3. that, should such sessions b,e required. it is necessary to close Advisory Commlitee on Rescior these sessions to protect proprietary Safeguards. Subcommittee on the Three information (5 U.S.C. spp.j[4)).
Mile Island Nuclear Station, Unit 2; Meeting
'Further Information regarding topics The ACRS Subecmsttee on the'Eree be discussed, whether the meeung i
Mile Island Nuclear Station. Unit 2. wilj has been cancelled or rescheduled, the hold a meeting on April 4,1979 in Room Chairman's ruling on requests for the 1048.1717 If St., NW, Washington, DC opportunity to present oral statements 20555 to discuss an incident,which and the time allotted therefor can be occurred at this station on March 28, obtained by a prepaid telephone call to 1979 resulting in release of primary coolant into the containmut and4he. - the Designated Federal Employee for this muting. Mr. Ragnwald Muller, declaration of a general emergency by (telephone 202/634-1413) between 8:15 the operators at this station.
a.m. and 5:00 p.m., EST. _
This meet'ing notice is being published Background informabon concerning on an emergency basis (less than 15 this nuclear stabon can be found in days prior notice) since this unexpected documents on file and available i4r incident is a matter which wanants public inspection at the NRC Public consideration by the ftul Committee Document Room.1717 H Street. N.W.,.
during its regularly acheduled meeting Washmgton, DC 20555 and at the
.on April 5-7.1979 and a Subcommittee Covernment Publications Section. State meeting prior to April 5.1979 is required Library of Pennsylvania. Education to review the plant status and the Building. Comrronwealth and Walnut actions taken to limit the risk to the Strcet,liarrisburg, PA 17128.
public.
Da:*:8 March 28.1979.
In accordance with the procedures 5-I r om.
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- G'""i'i" outlined in the Federal Register on October 4.1978, [43 FR 45928), oral or P DwJo-m3 W %Nm an im]
see cooc neo-em 1
written statements may be presented by NUCLEAR REGULATORY.
members of the public, recordings will COMMISSION be permitted only during those portions of the meeting when a transcript is being Advisory Committee on Reactor kept, and quesuons may be asked only Safeguards, Procedures Subcommittee; by members of the Subcommittee,its N
Meeting Postponed consultants, and Staff. Persons desiring "Ite April 4.1979 meeting of the ACRS to make oral statements should notify Procedures Subcommittee, scheduled to the Designated Federal Employee as far be held in Washington.DC, h' s been in advance es practicabie so that gcr p j~
a postponed indefinitely. Notice of this appropriate arrangements can be made meeting was published on Maich 20, to allow the necessary time during the Ineeting for such statements.
1979 [44 FR 16986).
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