ML19220C759

Discusses NRC Response to Congressman Preyer .All Possible Meetings Will Be Open to Public.Transcripts of Closed Meetings Will Be Released W/O Proprietary Info

ML19220C759
Person / Time
Site:	Crane
Issue date:	04/03/1979
From:	Bickwit L NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To:	Gilinsky V, Hendrie J, Kennedy R NRC COMMISSION (OCM)
References
NUDOCS 7905140188
Download: ML19220C759 (1)

Text

. _. _.....

r

8. pA RIGO hL UNITED STATES g

NUCLEAR REGULATORY COMMISSION

-)

3.:: -

r WASHINGTON. D. C. 20555

...O,*

% %,,, +#

April 3, 1979 MEMORANDUM FOR:

Chairman Hendrie Commissioner Gilinsky Commissioner Kennedy Commissioner Bradford Commissioner Ahearne FROM:

Leonard Bickwit, Jr., General Counsel

SUBJECT:

LETTER FROM CONGRESSMAN PREYER -- ACRS SUBCOMMITTEE MEETING ON THREE MILE ISLAND By letter dated April 2, 1979, to the Chairman, Congressman Preyer offered certain comments on an April 2 Federg Register notice announcing an emergency ACRS subcomm'ttee meeting on Three Mile Island to be held April 4 [A::achment 1].

He urged that the meeting be open to the ful.last extent possible, and that a transcript be made of any C csed sessions.

The proposed response [ Attachment 23 assures the Congressman that all portions of the subcommittee meeting will be open to the public except where confidential proprietary infor-mation will be presented.

The letter also states that a transcript will be made of closed sessions, and wi 1 be promptly reviewed and released to the public subject to deletions for proprietary information.

ACRS concurs in the proposed draft.

Please provide your comments / concurrences to this office no later than c.o.b. Wednesday, April 4.

Attachments:

1.

Cy ltr, 4/2/79, Preyer to Hendrie 2.

Draft ltr, Hendrie to Preyer cc:

SECY (2)

PE (2)

OCA (2) 7905140138 T

6 106 235

.?

T/=

. =._,.r

~ W'EQ,,,

N!NETY-SIXTH CONGRESS e

-mi Congrendof tfjeUnitchStates S

house at Etpit%cutatibts GOVERNMENT INFORMATION AND INDIVIDUAI. RIGHTS SUBCOMMITTEE or THE COMMITTEE ON GOVERNMINT OPERATIONS RAYBURN Houss Omcr BUH.DINc. Roou B-349-B-C WASHINGTON. D.C. 20515 April 2, 1979 Dr. Joseph M. Hendrie Chni m,n Nuclear Regulatory Crenission Washington, DC 20555

Dear Mr. Chaiman:

I noted with interest this moming the Ccesission's meeting notice appear:

ing in the Federal Register (44 Federal Register 19262, April 2,1979, attached),

armouncing the April 4,1979 peeting of the NRC's Advisory Co=nitttee en Reactor C

Safeguards, Subco: littee 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 Subco=ittee an Govemment Infomation and Individual Rights has legis-lative and oversight responsibility for the Federal Advisory Com:nittee Act (FACA).

The interest of the NRC Advisory Cc=aittee in protecting cordidential 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 Tnree Mile Island is high and must be.. recognized.

Interpretation of what constitutes confidential proprietary business infomation should be as narrow as responsibly possible, to insun. that the meeting be open to the fullest extent.

In addition, although the act onl/ requires the keeping of detailed minutes, I would urge that a transcript be made of closed porticns of the taeeting.

Tnis transcript should be reviewed using Freedom of Information Act standards and de edited version released as soon after the meeting as possible.

The NRC Advisory Com.ittee 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 M1Q&eggggg;gugyFgg&i._

3 session. The notion of a " pre-mee matters later to be decided at the DUPLICATE DOCUMENT l Entire document previously entered

(

I into system under:

[kf ANO

~

No. of pages:

• 1. p**"'c%,

UNITED STATES

/g NUCLEAR REGULATORY COMMISSION F=

d' -

1 o

WAS"INGTON, D. C. 20555 I_

DDlt 5

1, "'GZ;';(

[

CHAIRMAN The Honorable Richardson preyer Chairman Government Information and Individual

....Z T

Rights Subcomittee Comittee on Government Operations p~~--

United States House of Representatives 7"~5 G-Washington, DC 20515

Dear Mr. Chaiman:

[

This is in response to your letter of April 2 regarding the Federal

==

Recister announcement of an April 4 ACRS Subcomittee meeting on Three Mile Island. As scheduled, all portions of this meeting will be open to e

public attendance, except where proprietary information is discussed.

please be assured that closed sessions will be held only where it is absolutely necessary to protect information which satisfies a strict reading of the Comission's regulations. While we do not foresee that a

~

I closed session will be necessary, it is desirable to provide for this conti.ngency by permitting the Subcomittee chairman to close a portion of the meeting on this basis.

It is especially important in this case that the Subecmittee receive all available information concerning the events at Three Mile Island.

z Your suggestion that a transcript be made of any closed sessions wili be

.: ~G '

E._.:.1 implemented by the Subcommittee.

If a closed session is necessary, the treat.:ript will be promptly reviewed and made available to the public with'only proprietary information deleted. If you have need of further information concerning this matter, please contact me,.

g ?.?..

f..

Sincerely,

.**.-m..

~

t;r--

L.

Joseph M. Hendrie

"=7

___~3..

/n Qf I 2 e_i

. m g~.,

5'~;;

DUPLICATE DOCUMENT X.

Entire document previously entered

~

I 9

5 into system unaer:

106 237 9M/10(OT r

ANO l

t

~

No. of pages:

T

==

~