ML19225C955
| ML19225C955 | |
| Person / Time | |
|---|---|
| Issue date: | 06/08/1979 |
| From: | Hendrie J NRC COMMISSION (OCM) |
| To: | Preyer R HOUSE OF REP., GOVERNMENT OPERATIONS |
| Shared Package | |
| ML19225C945 | List: |
| References | |
| NUDOCS 7908030359 | |
| Download: ML19225C955 (1) | |
Text
pm nic q' o
/
UNITED STATES
!}t,-.g"c)
NUCLE AR REGULATORY COMMISSION h
WASHINGTON, D. C. 20555 g
y;, I
- t. +wf:
'%..".. +.-
June 8, 1979 CHAIRMAN The Honorable Richardson Preyer, Chairman Subcommittee on Government Information and Individual Rights Committee on Government Operations United States House of Representatives Washington, D.
C.
20515
Dear Mr. Chairman:
The Nuclear Regulagory Commission has today sulznitted its Annual Report on the Administraticn of the Government in the Sunshine Act for 1978 to the Speaker of the House and the President of the Senate.
A copy is enclosed.
In your letter of March 6, 1979, regarding the types of information to be included in our annual report, you asked to receive comments and general views regarding our experience in implementing the Sunshine Act.
In response, we would like to note that the emergency situation created by the recent incident at Three Mile Island presented the Commission with an unprecedented, unanticipated and extraordinarily difficult challenge in terms of responding to a serious health and safety crisis while complying with the Sunshine Act.
As a result of that experience and continuing experience with the ongoing investigations, we may later wish to submit
'to you proposed changes.
\\Sincerely,
[
\\
' Joseph M.
Hendrie
Enclosure:
As stated cc:
Rep. Thomas Kindness 057 7908o8 3Cl
l' ANNU AL REPORT FOR 1978 ON ADMINISTRATION OF GOVERNMENT IN THE SUNSHINE ACT OF 1976 i
l i
s 1
i l
i
,~
$g RECu%,
b y.
s 3
%,.**,/
It 1
s
~1 I
/
UNITED STATES i
NUCLEAR REGULATORY COMMISSION
'0 4
- )
.ll t
ll' 453 058 n
790775w 76 I
.k TABLE OF CONTENTS Page l.
Agency Reporting...................................
1 2.
Year Being Reported................................
1 3.
Total Number of Meetings...........................
1 l
4.
Reasons for Closing Meetings.......................
1 i
Budget Meetings...............................
1 Congressional Testimony Meetings..............
2 Briefings by Agency Staff.....................
2 5.
Description of Litigation..........................
3 6.
Notation Voting....................................
3 7.
Public Observation.................................
5 8.
Public Notice......................................
6 9.
Public Interest....................................
7 10.
Releasing of Meeting Records.......................
8 Transcripts...................................
8 Tapes.........................................
8 Minutes.......................................
9 Availability of Records.......................
10 Index Systems.................................
10 Requests for Records..........................
10 11.
Requests to Open...................................
10 12.
Formal Complaints..................................
11 13.
Ex Parte Communications............................
11 14.
Additional Information.............................
11
\\
APPENDIX A - Definition of Meetings APPENDIX B - Tabulation of Open and Closed Meetings by Month APPENDIX C - Tabulation of Meetings by Days Notice APPENDIX D - NRC Regulations as Amended Implementing the Sunshine Act APPENDIX E - NRC Ex Parte and Separation of Functions Regulations APPENDIX F - Sample Page of Index 4gy 1sa 059 1
.)
i ANNUAL REPORT GOVERNMENT IN THE SUNSHINE ACT 1.
AGENCY NAME:
U.S. Nuclear Regulatory Commission 2.
CALENDAR YEAR:
1978 3.
MEETINGS:
(See definitions in Appendix)
Total Number of Open..........................
203 (67%)
A.
Total Number of Closed........................
101 (33%)
B.
1 C.
Total Number of Partially Closed...............
4 Total Number of Meetings................,.
305 l
4.
REASONS FOR CLOSING OR PARTIALLY CLOSING MEETINGS 1
1 32*
A.
Exemption 1....................................
l 1
Exemption 4....................................
33 s
Exemption 6....................................
7 Exemption 9....................................
22 Exemption 10...................................
4 Exemption 6 and 10.............................
Exemption 1, 6,
and 9..........................
1 Exemption 4 and 9..............................
1 1
Exemption 2 and 6..............................
TOTAL...............................
102*
B.
NRC's policy regarding the closing of meetings pertaining to the budget, Congressional testimony and briefings of agency members by staff is as follows:
(1)
Budget meetings.
Presentations by NRC staff on budgetary matters, including initial presentations on staff recommended budget Includes one meeting held partially closed to the public.
Ogg m
, levels, are generally held in open session.
Markup and recall sessions of the Commission are closed under Exemption 9.
During these closed sessions, the Commission considers budget strategies and priorities, and reaches decisions regarding future interactions and negotiations with the Executive Branch and the Congress with respect to funding levels for NRC's licensing research and regulatory activities.
It is the belief of the Commission that the premature release of these discussions would be likely to significantly frustrate its future interactions and preempt those,of the Executive Branch to whom the budget is submitted in confidence.
The Commission's policy is to release transcripts of these closed meetings after the Commission's appropriations become law.
A full description of the release policy is contained in Section 10 below.
In 1978, five budget meetings were held in open session and six meetings were held in closed session (Exemption 9).
Transcripts of the five open meetings are in the PDR and those for the six closed meetings will be released to the PDR when NRC FY 1980 appropriations has been approved.
In accordance with this policy, transcripts of all closed budget meetings held in 1977 are currently available in the PDR.
i f
(2)
Meetings at which Congressional testimony is discussed.
The Commission believes that, in appropriate circumstances, Exemption 9(B) of the Sunshine Act may properly be employed 1
to close Commission meetings dealing with testimony to be given to Congress or options to be followed in negotiations on pending legislation.
Nevertheless, during 1978, the Commission did not choose to close any of the seven meetings held for the purpose of discussing Congressional testimony.
r (3)
Briefings of agency members by NRC staf f.
All briefings by NRC staff of a quorum of the Commission are considered to result in the joint conduct of official Commission business and are therefore treated as meetings under provisions of the Act.
A further description of the Commission's definition of meetings is contained in Appendix A to this report.
In 1978, there were approximately Eb Qfj 187 staff briefings; 143 were held in public session and 44 were in closed session.
Of the closed sessions, 11 were closed or partially closed under Exemption 1 since classified information was integral to the discussion; 22 were closed under Exemption 10 for the discussion of cases in formal adjudication; and the remainder were closed under other exemptions, primarily Exemption 6.
The transcripts of all public briefings were placed in the PDR; meeting records of closed triefings are subject to review for retention /
release as described in Section 10 below.
For open sessions, copies of viewgraphs and principal staff papers are also made available the briefing and placed in the Public at Document Room after the briefing along with the transcript.
5.
DESCRIPTION OF LITIGATION.
One Sunshine action was initiated against the Commission in 1978.
Hunt v NRC, Civ. No. 79C-122-C (ND Okl).
The plaintiff in that case contended that the Sunshine Act applies to meetings of the Commission's Atomic Safety and Licensing Boards, which are subordinate NRC adjudicatory tribunals not composed of members of the Commission.
The Commission's position, in common with every other agency of which we are aware, is that the Act applies only to meetings of the Commission members themselves.
On February 22, 1979, the Court denied plaintiff's request for a temporary restraining order.
On April 19, 1979, the Court decided the case in the Commission's favor and dismissed the suit on the merits.
6.
NOTATION VOTING.
Pursuant to Section 201(a) (1) of the Energy Reorganization Act, 42 USC 5 8 41 (a) (1), certain action of the Commission can only be taken in actual meetings.
Accordingly, the Commission has adopted practices which have certain s imilarities to notation voting and which deserve mention.
First, the Consent Calendar system is utilized to obtain Commission decisions on agency business which, by nature, does not require detailed discussion among the Commissioners, but nevertheless requires action by the Commission in a meeting.
Such business is generally limited to administrative matters (such as 453 062 appointments and reappointments to advisory committees, delegations of authority and security clearance waivers when access to Restricted Data is required), matters of relat.vuly minor policy significance (such as FOIA appeal _, minor rule changes, responses to certain petitions and review of ALAB decisions) and non-controversial policy matters if all Commissioners have agreed that no discussion is necessary.
This system is also used to obtain a final Commission vote on policy j
matters, such as those resulting in publication of interim rules, amendments to rules or policy statements, in cases where the substance of the issue has been previously discussed at an open meeting, and where no Commissioner has indicated a decire for further Commission discussion.
1 All affirmation sessions are noticed in the Federal Register and announced in accordance with the other announcement methods of public notification described in Section 8, Public Notice, below.
The Consent Calendar is administered by means of a f
system of uritten preliminary notation " votes".
l Subsequently, the Commissioners formally vote in public j
" affirmation" sessions, without discussion of the subject before them.
If discussion is required, the item is no longer an affirmation item and will be scheduled as a discussion item with appropriate public notification.
In 1978, there were 40 such sessions, all open.
At each scheduled affirmation session open to the
{
public, copies of the staf f paper (s) being voted on are made available to public attendees at the meeting; these staff papers constitute the principal written t'
materials which provide the basis for decisions and include staff recommendations.
These papers and a transcript of the meeting are later placed in the I
Public Document Room (1717 H Street, N.W.,
Washington, D.C.), as is the Record-of-Decision Memorandum of the meeting, recording the vote and any other Commission 1
instructions, s
Second, for matters which do not involve formal rulemaking, i
adjudication or licensing activity, the Commission
- ]
employs procedures under which individual Commissioners
<j comment on and approve staff actions in writing to the Secretary.
Examples of matters handled under these i
procedures are approval of outgoing Commission corres-pondence and notation of actions being taken or about j
to be taken under delegations of authority to the o
staff.*
The Commission has before it for consideration the release to the Public Document Room of additional categories of records, including documents circulated under these procedures together with the record of the Commissioners' action on them.
453 063 l
l 7.
PUBLIC OBSERVATION.
The Commission has continued its policy of providing meaningful public observation and understanding of open meetings through the following measures:
a.
The Commission's main conference room, with a seating capacity of 130, and an adjoining conference room, which seats 50 people, are provided with multiple overhead speakers and with a closed circuit television system to ensure that every person desiring to attend a meeting can see and hear as well as any other attendee.
i b.
Copies of any viewgraphs to be used in the course of meetings are made available to meeting attendees at the entrance to the conference room prior to the commencement of the meeting.
i c.
Copies of the principal staff papers scheduled to be considered at the meeting are also provided to public attendees in the conference room.
This includes copies of the staff papers that are to be j
approved in an af firmation session without detailed I
discussion.
These papers are also placed in the
}
Public Document Room at the conclusion of the j
meeting, along with viewgraphs and other material j
handed out at the meeting.
Additionally, copies i
of other papers referenced at the meeting are i
normally released.
During 1978, 162 meeting-related l
documents were released.
d.
Public attendees are permitted to tape record Commission discussions of open meetings.
j e.
Transcripts are taken of all open Commission meetings.
These are unofficial transcripts which are not edited by the Commission.ers or by the staff and are placed in the Commission's Public Document Room within 48 hours5.555556e-4 days <br />0.0133 hours <br />7.936508e-5 weeks <br />1.8264e-5 months <br /> of the conclusion of the meeting.
Transcripts of the 203 open Commission meetings and briefings are available in the PDR.
f.
A pamphlet entitled " Guide to NRC Open Meetings" is available in the Commissioners' Conference Room and in the Public Document Room.
The guide describes for public attendees the normal seating arrangement for participants at the conference table, the general functional responsibilities of these participants, Commission procedures for voting on agenda items, general rules for public conduct at Commission meetings, and sources of additional information on the Commission and its meetings.
453 064
l
- list of abbreviations and acronyms has been g.
A in the Public Document Room to further placed help the public in understanding the many technical terms discussed in Commission papers.
is the Commission's practice to allow It h.
camera and television coverage of open meetings and briefings without prior notification.
such coverage has been very extensive
- Recently, for discussions regarding actions being taken as a result of the March 28, 1979 accident at the Three Mile Island Nuclear Power Plant.
The use of cameras, including television at open licensing proceedings,
- coverage, conducted by NRC's licensing and appeal boards is also permitted.
Our regulations are being updated accordingly.
8.
PUBLIC NOTICE.
Each meeting is publicly announced by the methods listed below.
In addition, the NRC is exploring the use of a toll free telephone number for inter ~sted information about persons to use when seeking current the Commission's meeting schedule.
date Publishing in the Federal Register the time, a.
and location of the meeting, the topic (s ) to be discussed, whether it is open or closed, and the name and telephone number of a contact.
b.
Publicly posting in the NRC Public Document Room, 1717 H Street, N.W.,
Washington, D.C.
20555, a copy of the announcement at the time it is sent to the Federal Register.
Mailing a copy of the announcement to those persons c.
on a mailing list maintained for that purpose (currently 80 names and addresses) at the time it is sent to the Federal Register, d.
Submittal of a copy of the Federal Register Notice tc the news media (AP, UPI, Energy Daily, Nucleonics Week, the Washington Post, Washington Star, and Nuclear Industry Magazine) at the time it is sent to the Federal Register, e.
Telephoning interested parties when a public meeting is announced with less than a week's notice.
453 065 Appendix C contains a tabulation of the number of days notice for NRC meetings.
In summary, more than three-fourths of all meetings (85% of the open meetings) were announced with seven or more days notice.
The remaining meetings (32 open and 39 closed) were held with less than seven days notice.
Our record in this regard is improving, but we continue to be faced with problems caused by the need to consider without delay subjects of a very urgent nature, such as consideration of problems concerning operating nuclear power plants, and to reschedule other items which are displaced by the more urgent ones.
9.
PUBLEC INTEREST.
The Commission, in adopting its Sunshine Regulations, explained how it would employ the public interest crit 2rion in exercising agency discretion to open meetings when an exemption is available:
"Section 9.104(a) of the rules, like the proposals of several other agencies, gives presumptive but not conclusive force to the determination than an exemption is available in deciding the public interest question.
The fact that a meeting does come within a specific provision of 9 9.104(a) indicates that the Congress recognized a public interest in closing, not opening, meetings of this character.
The Commission staff has been instructed to consider the public interest in recommending to the Commission whether or not to close particular meetings.
The Commission believes that this internal procedure and the awareness of the Commissioners themselves and their advisors of public interest concerns will ensure ad'quate consideration of the public interest before any decision to close a meeting is made, without need for a formal procedure of the type proposed."
42 Ped. Reg. 12876 (March 7, 1977)
In the implementation of its rules, the Commission calls upon the staff to consider the p'ublic interest factors in any recommendations to the Commission for closed meeting discussions.
The Commissioners review staff's recommendations for closed meetings, consider the advice of the General Counsel as to whether the item is properly closeable, and discuss among themselves the necessity for precluding public attendance, including the interest of the public in the subject matter.
Implicit in this procedure is the understanding that a vote to close represents the Commission's determination that the public interest does not require an open meet ing.
4
066 10.
RELEASING OF TRANSCRIPTS, RECORDINGS AND MINUTES OF CLOSED MEETINGS.
The Commission's policy is to release to the public transcripts of all open meetings within 48 hours5.555556e-4 days <br />0.0133 hours <br />7.936508e-5 weeks <br />1.8264e-5 months <br /> of meeting time.
There are presently 316 transcripts of open meetings available to the public in the Public Document Room.
Transcripts of closed meetings are released as soon as it is determined by the Commission,,
upon review, that there is no justification for continued withholding.
The public can review these documents in the PDR, and purchase copies if they desire.
Details regarding NRC's procedures and indexing system are set forth below.
a.
Closed Meetings Recorded by Transcript.
Most of the Commission's closed meetings (except those described in b.
and c.
below) are recorded by transcript.
The transcript, or portions thereof, is made available to the public unless a determination has been made to withhold the entire text.
The procedure for determining which transcripts, or portions of transcripts, should be publicly disclosed includes three levels of review:
- 1) by the office presenting the briefing or discussion for a determination of classification and sensitivity of subject matter; 2) by the Office of the General Counsel for review of classification, sensitivity, compliance with Sunshine Act requirements and advising the Commission on ultimate disposition of the transcript;
- 3) by the Commission for a final determination regarding public disclosure.
For the information of the public, a statement is filed in the Public Document Room identifying the portions being withheld and the reason for withholding.
Withheld transcripts are also reviewed again after 18 months after the date of the meeting to determine whether the basis for withholdinf continues to apply.
For closed meetings held during 1978, the Commission has released 11 transcripts in whole or in part; has withheld 4 in their entirety; has eight currently in review; and has agreed to release eight additional transcripts after appropriate Legislative / Executive Branch actions have been completed.
b.
C'osed Meetings Recorded by Tape Only.
The Commission on occasion conducts meetings on subjects which are so sensitive that the presence of the staff and a court reporter has been deemed 453 067
_ to be inhibiting.
These meetings generally involve the exchange of highly classified information with representatives of other agencies not subject to the Government in the Sunshine Act, or highly sensitive discussions of the Commissioners on personnel / organizational matters.
The latter discussions involve matters such as the filling of organizational positions, the performance of key employees, and significant organizational and management alignments.
Meetings of this type are j
recorded by magnetic tape only.
The Commissioners determine immediately at the conclusion of the meeting whether any portion of the tape should be released.
Withheld tapes are again subject to review either after 18 months after the date of i
the meeting to determine whether the basis for I
initial withholding actions continues to apply, or on the submission of an FOIA request.
During l
1978, 34 tapes of the 46 meetings in this category have been withheld.
Withheld tapes of these j
j limited attendance meetings, because of their much greater degree of sensitivity, 4.re retained in locations other than those utilized for other withheld records.
The 12 tapes that have been determined to be releasable were subsequently transcribed and released to the Public Document Room in transcript form with the tapes available on request.
c.
Closed Meetings Recorde' in Long Form Minutes.
Meetings closed to public attendance pursuant to Exemption 10 have been recorded in minutes, as authorized by the Act.
During 1978, there were 24 such meetings.
The minutes are prepared by the Office of the Secretary and reviewed by the Office of the General Counsel and by the Commissioners as a matter of policy.
Minutes are not immediately made available to the public in view of the adjudicat've character of these meetings; however, they are reviewed on an annual basis, to determine whether the bases for the initial withholding action continue to apply.
The General Counsel's office has recently begun a reexamination of the minutes of all closed adjudicatory sessions held in 1977 and 1978 to see if any may be released.
l f
453 ogg 4
)
d.
Index Systems and Tabulation of Requests for Transcripts, Recordings and Minutes (Open and Closed)
The Nuclear Regulatory Commission indexes and abstracts all documents placed in the Public Document Room including transcripts of open and closed meetings and meeting summaries.
A daily accession listing of this material, with weekly and monthly cumulations, is made publicly available in the Commission's Public Document Reading Room and mailed out to interested parties and citizens.
Appendix F is a sample page from the system used to index these documents and identifies the data elements used.
The number of requests for meeting-related documents in 1978 was 522.
The number of documents reproduced for the public was 146.
All requests for these documents are handled immediately.
This is a very small fraction (less than 1%) of all documents requested by the public *hrough the PDR.
During 1978, NRC received 24 requests for trans-cripts of closed meetings.
Of these, 19 requests were granted, four were denied in part, and one was a request for a transcript of a meeting that was cancelled.
These requests are processed in the NRC Division of Rules and Records and are reviewed first by the staff responsible for the subject meeting, second by the General Counsel, then by the Commission.
The average time from date received to date responded for all items was 54 days, 11.
REQUESTS TO OPEN.
The Commission's rules describe the procedure to be followed by a person who wishes to request a change in the status of a closed meeting.
10 CFR 9.106(b) and (c) provide that "any person" may ask the Commission to reconsider its decision to close a meeting by filing a petition for reconsideration.
Any such petition must specifically state the grounds on which the petitioner believes the Commission decision is erroneous, and the public interest in opening the meeting.
Filing such a petition does not automatically act to stay the effec-tiveness of the Commission decision or to postpone the meeting in question.
However, in practice any request, formal or informal, is referred to the Commission for decision.
/r7 tJJ D..un 12.
FORMAL COMPLAINTS.
No formal complaints were received in 1978 on NRC's Sunshine procedures and practices.
13.
EX PARTE COMMUNICATIONS.
A copy of the current ex parte and separation of functions (10 CFR 2.7T9 and 2.780) are attached at regulations The Commission has published proposed Appendix E.
revisions to those regulations (March 7, 1979 Federal The General Counsel's office is studying Register).
the question of communications between the Commission and the staff and may submit recommendations relevant to the Commission's ex parte and separation of func,tions regulations.
14.
ADDITIONAL INFORMATION.
This report was prepr. red in the Office of the Secretary, Nuclear Regulatory Commission.
Comments or inquiries U.S.
on this report or related matters are invited and should be addressed to:
Office of the Secretary Nuclear Regulatory Commission 1717 H Street, N.
W.
Washington, D.
C.
20555 Telephone inquiries can be made to the Office of the Secretary on (202) 634-1469.
APPENDICES A.
Definition of Meetings B.
Tabulation of Open and Closed Meetings by Month C.
Tabulation of Meetings by Days Noti ce D.
NRC Regulations as Amended Implementing the Sunshine Act E.
NRC Ex Parte and Separation of Functions Regulations F.
Sample Page of Index (Sec. 10e) 45
070 bk
APPENDIX A Definition of Meetings NRC's Statutory Meeting Requirement The Nuclear Regulatory Commission is a five-member, independent regulatory commission established by the Energy Reorganization Act of 1974 (P.L.93-408).
It is responsible for assuring the protection of the public nealth and safety through the licensing and regulation of the uses of nuclear materials.
The Commission is required by the Energy Reorganization Act to take action only through meetings.
Section 201(a) (1) of the Act, 42 U.S.C. 58 41(a) (1), states that " action of the Commission shall be taken by a majority vote of members present."
In keeping with its significant and substantial public health and safety responsibilities, this Commission has-emphasized the participation of each Commissioner in its decision-making activities.
Commission meetings are therefore generally scheduled at times when all Commissioners can be present sa that each may participate in and contribute to the deliberations.
Meetings Jefined by Sunshine Act I
With enactment of the Government in the Sunshine Act and in compliance with its provisions, NRC had adopted regulations clearly defining meetings of the Commission which are subject to the announcement and record keeping requirements of the Sunshine Act.
In summary, a meeting is defined as the deliberation of at least a quorum of Commissionerr where such deliberation determines or results in the joint conduct or disposition of official Commission business.
Gatherings of a social or ceremonial nature and certain informational discussions which are conducted without specific reference to any particular matter pending before the Commission are considered exempt from the provisions of the funshine Act.
A complete definition of the term " meeting" is contained in Section 9.101 of NRC's Sunshine Regulations (Appendix D).
For purpcses of tabulating meetings in this report, each separate item scheduled for discussion or briefing is counted as a meeting.
Additionally, each session at which one or more matters were scheduled for affirmation under the limited notation voting procedure described elsewhere is counted as a meeting.
453 077
APPENDIX B TABULATION OF OPEN AND CLOSED MEETINGS BY MONTH CY 78 OPEN CLOSED OPEN/ CLOSED TOTAL Jan.
19 9
0 28 Feb.
20 6
0 26 Mar.
7 2
0 9
SUBTOTAL 46 (73%)
17 (27%)
0 63 Apr.
15 3
1 19 May 24 6
0 30 Jun.
22 12 0
34 SUBTOTAL 61 (73%)
21 (26%)
1 (1%)
83 Jul.
18 16 0
34 Aug.
10 7
0 17 Sep.
15 8
0 23 SUBTOTAL 43 (58s) 31 (42%)
0 74 Oct.
8 8
0 16 Nov.
24 12 0
36 Dec.
21 12 0
33 SUBTOTAL 53 (62%)
32 (38%)
0 85 GRAND TOTAL 203 (67%) 101 (33%)
1 305 A.
Total Number of Open 203 B.
Total rJumber of Closed 101 C.
Total Number of 1
Partially Closed Total Number of Meetings 305 453 yy,
APPENDIX C TABULATION OF MEETINGS BY DAYS NOTICE DAYS NOTICE OPEN CLOSED CLOSED /OPEN TOTAL 1
1 14 13 1
1 12 1
0 1
11 2
1 3
10 3
3 6
9 7
3 10 8
20 6
26 7
138 47 1
186 SUBTOTAL 171 62 1
234 6
2 1
0 3
5 4
7 0
11 1
4 3
6 0
9 3
0 3
0 3
2 1
1 0
2 1
5 6
0 11 Less than 1 17 15 0
32 SUBTOTAL 32 39 0
71 TOTAL 203 101 1
305 Number of times less than seven days notice given -- 71 453 073
t PART 9 e PUBLIC RECORDS APPENDIX D
~
-s Su5part C-Government en the Sunshine to pubhc cbservation.
42 U.S C. Sec. 2011 et seq. and the En-Act Regulations eriry Reorgamzation Act of 1974, as s
% 9.103 Ge neral providons.
amended. 42 U S C. Sec. 5001 et seo.. or c 9. g oo d
mpe n. S'ubpart.
WS retary shall ensure that all information uhtch if written would be I
This s ub;.a r! p re<cribas prccedures cpen Comma.sion meetings are held in a contamed in such records. but only to pursuant to s hich NRC rneetings shall locaticn such that there is reasonable the extent that the production of such be cpen to public cbservaticn pursuant to
< pace and adequate visibility and acous- ] records or information would '1) inter-the proustons of 5 U S C. Sec. 552b h tL:s for pubhc observation. No additicnal fere with enforcement proceedings. (11) subpart does' not acect the procedures :C r:ght to partac!pate in Commission meet-deortve a perscn of a riaht to a f air pursuant to shich NRC records are made g ings ts granted to any person by this sub-trial or an impartial adjudication. (111) part An open meetmg is not part of the constitute an unwarrartad invision of asa.lable to the pub::c for inspection and n forrnal cr informal record of decision of personal privaev. < tv) disclose the Iden-cop > tng sh:ch remain gos erned by sub-the matters.d:scussed therein except as tity of a confldential source ard. in the h
part A. except that the exemctions set v otherw;.se required by law. Statements of case of a record comD!!ed by a criminal
!cith in i 9104 8 a, shall gos er in the cue views or expres.slens of opinion made by law enforcement authority in the course of any request made pursuant to 19 8 Cornmiss:oners or NRC employees at open of a criminal investigat!cn. or by an
~
to copy or mspect the transcripts. record-meetings are tot intended to represent agency conducting a lawful national se-
- I d ' '
- ings or rninutes desenbed in ! 9 108 e
a n, conn-
[
S s e n ay not be Access to documents considered at FRC J dential information furnished only by rwtmgs shall centmue to be governed ~; pleaded, cited, or rebed upon before eC e
s uru. 1
.scl se in-the Commas!on or in any proceeding vestigative techniques and procedures'ety or by subpart A of this Part.
~ under part 2 of the.se regulations (10 (vi) endanger the life or physical saf k
$ 9.101 De6nitions.
CFR part 2) except a.s the Commission of law enf orcement personnel;
~_
- ma) direct.
- 4) I Reservedl means the ecueg:al [ing open Commtulon meetings may
^3 Wed in this subpart:
Members of the public attend-(9) disclose information the premature s
'ai,Commisuon e
disclosure of shich would be likely to body of Sve Commissioners or a quorum M use mm!I electronic sound recorders to significantly frustrate implementation of thereof As provided by sect 2on 201 of the ; record the meeting, but the use of a preposed Commission action, except Energy Reorganuation Act of 1974, or 2 other electronic recording equiptnent that this subparagraph shall not apply in any subdivision of that collegial body au " and camera.8 requires the advance any instance where the Commiss!cn has
=-
ap e
e ep c e ccm 5
rrea not co n df rs of that ccHegial body 6 9.101 Closed meetings tent or nature of its proposed actjen. or
- " 3 ib) "Comm13sioper" means an indl-fa) Except where the Commission vidual u ho is a member of the Commis-Snds' that the public interest requires t'
al a n
p sien.
otherwise. Commission meetings shall be posal: or
'ct Meeting" means the celicerations closed. and the requirements cf ll 9.105 (10) specif cally concern the Commis-7 of at least a qucrum of Corarrussroners and 910" shall not apply to any infor-ston's issuance of a subpoena' a civil or the a
ahere such deuterations determine or Ination per%ining to such meeting other-CommMion's participation in result in the 'olnt conduct or disposition wise required by this subrart to be dis' $n action or proceeding or an action or pro-g of oftclal Comm:ssion business, but does closed to the public, where the Commis-g ceeding before a state or federal admin-g not include deliberations required cr per-stan determines in accordance with the g istrative agency, an action in a foreign
=
rnitted by Il 9105. 9.106, or i 9108(c),
procedures of I 9.105 that cpening such cr court or international tribunal, or an p
g.
gatherings of a social or ceremonial nat.
meetings or portions thereof or disclos-m w
arbitration or the inltiation conduct or P
ing such information is likely to:
Q ure cr brienngs of the Commission by Etsclose matters that are (1) spe y disposition"by the Commission of a Far-representat:ves of other agencies or de-(1) partments of the United States govern-c!Scally authorired under criteria es-ticular case of formal agency adjudica-B ment, or representatives of foreign gov-tabushed by an ICxecutive order to be tion pursuant to 5 U S C. Sec. 554 or ernments or tnternational bodies where kept secret in the interests of nationti otherwtse invciving adetermlnation on R3 the record after an cpportunity for a y
such briefings or discuss:ons are informn-defense or foreign policy, and fil) in tional in nature and are not conducted fact properly class! Sed pursuant to such hearing pursuant to part 2 or similiar g
with spec 1Sc reference to any particular Executive order:
P Oy g
g matter then peed:ng before the Commis.
O Relate solely to the internal per-i sinn.
sonnel rules and practices of the Com-Comrnission acuon may be deemed to be n
(d) " Closed meeting" means a meeting ( cision:
signincantly frustrated are (1) if open-ing any Commission meeting or negotia-m (3) Dischse matters speciacany ex.
of the Commission closed to pubut ob 2 empted from disclosure by statute (other tions would be likely to disclose in!or.
servation as provided by l 9.104.
'e> "Open meeung" means a meeting : than S U.8 C. Sec. 552) provided that matiorr provided or requests made to the of the Cocunistion open to put:1c cb
- such statute (1) requires that the mat.
Commission in conSdence by persens
[
sert ation pursuant to this subpart.
7 ters ba withheld from the pub!!c in such outside the Commission and which would (f) " Secretary" means the Secretary a manner e.s to leave no discr*tton on not have been provided or made other-g to the Commission.
the issue, or (t!) establishes particular wise: (2) if opening a, meeting or dis-g (g) " Gene al Counsel" means the Gen-criteria for withholding or refers tc par-closing any information would reveal p
eral Counsel of the Commission as pro-ticular types of matters to be withneld:
legal or other policy advice, public g
vided by section 251b) cf the Atomic En-(4) disclose trade secrets and com.
knowledge of which could substantially ergy Act of 1954 and section 2'J1(f) of mercial or fkanetal information ob.
affect the outcome or conduct of pend-
~
the Lnergy Reorganization Act of 1974.
tatned from a person and privilegad or ing or remnably anticipated litigation f,
and. until such time as the a: Bees of that conndential. including such information or negotlations; or G) if opening any
^
oficer are in the same location as those of s s de3ned in i 2.790(d) of this title meettng or dLsclosing any information the Commisanon, any member of his OScr (6) lavohaccusing any person of a would revealinformation requested by or f
specially designated in writing by him crime. impostng a civil penalty en any testimony or proposals to be gtven to I
pursuant to this eubsection to carry out person pursuant to 42 U.8 C. Sec. 2282 or other agencies of government. including g
his responsibilitJes undar this subpart.
4.2 U.S.C. Sec. 5846, or any revocation of the Congress and the Executive Branch g
any lleense pursuant to 42 U.S C. Sec.
before the requesting agency would re-
.m 6 9.102 Cencral require =wnt.
2236. or formally censuring any person:
ceive the information, testimony or pro-Commi.ssioners Ann n.at }otntly con-(6) Eisclose information of a personal posala. The examrnes in the above sen-duct or dispone of Commission busmess nature where such disclosure would con-tence are for illustrative purposes only in Commission meetings other than in stitute a-tlearly unwarranted invasion of and are not intended to be exhaustive.
accordance with this s@part. Except as personal privacy:
$ 9.IQ5 Commis4on procedures.
4-provided in i 9_104.every portion of every (7) disclose invpsttgatory reports com-meeting of the Con-miukn-shall be opec piled for law enforcement purposes. in.
(a) Action under i 9.104 shall be taken e
j cluding spec Scally enforcement of the Atomic Energy Act of 1954, as amended, 4 ) C., g.Q O
L gg M N' O'
r7
.)
L.
om septem be,i.io78
P ART 9 e PUBLIC RECORDS
- P. a c:3<tr; Cr opening cf the meet
- of paragraph f an or (b) of this section on!y w r a maior.' of tne innre -+-.
-- 7 e *Jtr.g t' such a petition shall shall be taken only when the Commts-bersn:p ' ::e Co-- w s r. : ) t 2,:.
such a-
- A wr w e u:aof tC.
-:- to !!a e '.e e"ectheress of the slon finds that the pubhc mterest in C :..:2:en act:: ; or to rsostpone or de-rr.:u;r:
, c m.' b= t aen v. I"1 rec r e...;nhr s
m e neet;.: :n cuestion unless the prompt Commission action or the need exh CU N. n c.eetm portto' C; c.,N;on crde s ctherwise.
to protect the common defence or secu-port: ors ( ! r St'h are pro oad to te
"'Y N
C
"" U" cloard tne ru%c pur<uant to ? 9104.
i 9.107 Public announcement of Com.
safety os er rides the pubhc micrest in or n tth reWct to ant infctmation w hich ns-ion mecungs.
is propo<ed to be althheid under 8 9105 having full prior notice of Commission
<c). A s=gla sote may be taken with re.
- al In the ca<e of each meeting. the meetings.
spect to a *er:M of meetmgs. a portion h: rata t sha:1 make public announce-or pc-" :nt of whin are rr rc"d to te 7,'
n lea.st ene week before the meet, g 9.103 Certification. tran cripts, re-c!cted to the pubh1 or with rac;ect to g,
og,
. m. e.
place, and subject (as For every meetlng closed pursuant any in!: mati:n etnre-n:rg <uch se.as
}7,37 g; t3, gne,ung, whether it is to be to subparagraphs (1) through (10) of of meet rcs. so long as eath rneetmis m
,.n or closed to the public, and the 1 9.104 ' a ) and for every determination rnatters and is sche:uied to be held no
~ ace and phone number of the OScial such senes imohes tne same particular pursuant to subsection 9.105i c ), the mated by the Comm.tssion tc respond General Counsel shall publicly certify at mart tl.a.n thPty das s af ter the tnit.al Y[eaests fo' mfo mation atout the the time of the pub ic announ nt of meeting m su:h ser:es The sote of each
- .e t mg S.;ch a ~ouncement shall be Commw:]: er part:c.patmg m such vote
.a de u.n. ess a ma;ority of the members of nouncement at the earhest pract: cal sha!! be rec:rded and no prostes shall be c.a C: nmtsaan cate mines by a recorded time, that. m his or her opimon. the allowed.
1cce ina: Comm sien busmess requires meting may be closed to the public and
'b'
%,.th:n one cay cf any vc'e tatan
.. at met m; be called at an earlier pursuan: to paragr;;-h s a' ef this sec-
_re..n wh;ch cr.se the Secretary shall -
shall state each relevant cxemptive pro-viston unless the Commission votes pur-tion. I 9106(a : cr i 9108 ci the Secre-
.n:e puthe.nn:ur. cement of the time.
suant to 19105<c s that such certifica-tary shil r ake pub,.:cly ava:'a:::e in the
-:a e ind subf act matter of such meetmg.
tion :.s protected agamst disclosure by Public Docu. ment Pam a ? ruten copy of
- .n : 2 nether cren or closed to the pubhc.
! 9.10 4 v a. A ecpy of such certification.
such vo e re"ecttrg the tre of each ne carbest pract: cal t:me together with a statement f rom the pre-rnember Ln the queston If a ;ortion of a a'
The time er place of a meeting siding omeer of the meetang settmg forth meet.rg :s t) be cloced to t he pubhc. the r 5a chanW. fcllowmg the public the time and place of the meeting, and cecrets r shall, withm cra :ay of the
~ ;uncement raqu; red bv pa ra graph the persons present shall be retamed by ote taxen pu suant to ;aracaph ra) s ci th.s sec:fon only if the Secretary the Commission. The Commission shall af this sact.On cr s 4106 a'. m a ke pu b-c My announc-3 such changes at the mamtaun a complete transcript or elec-hcly av.la lc 1:: tr.e Puch-Dccument
- v..e s
- rc* a
- :e time The subject trome recording adequate to record f ully I' Tom a f u:1 Trnten ev.'.naticn of its
- n. ' er cf a In=e:mg or the determina-the proceedmgs of each meetm. or por-u :nn c!:smg the port.on to: ether wi*h e c' t"e Ccmr-asson to onen or close tian of a meettn; clrsed t3 tM pu li m-a :Lst c! a:1 persent expected to attend mee*:r; or pc : cn of a meeting. to cet th it m the ca:e of :: me. i
. ct ror-a 11.= rnaa:mg and their a*hation.
-.e pub;;c. mar be changed followmg tion of a meeting closed to the public ci The notices and lists required by
-he pubhc announcement required by o pursuant to paragraph (10s of
- 9104 ci.
g rirarra;h ibi of this section to be made :,: :nu subcection on.ly if (li a majority of S the Commission shall maintam sucn a x pubhc rnav be utthheid from the Dubli: R the entire memt*rship of the Commis-O transcript or recording or a set of min-2 to the et'ent that the Commi.ssion deter- [ 5;on determines ty a recorded vote that utes. Such minutes shall fully and clearly e
mmes that such infermation itself would - Commtvion bustness so requtres and that ' describe all matters discussed and shall
'- be protected agamst di< closure by I 9104 no earljer announcement of the change (* provide a full and accurate summary of
? (a *. An7 such dete mmations shan be " was possible. and 'Oi the Secretary pub-any actions taken, and the reasons made independently of the Com:stssion's Scly announc's such change and the vote therefor. including a description of each cetarm: rat:on pursuant to ra agra;h i n) cf each member upon such change at of the views expressed on any item and of this 5-tion to close a meeting, but tn ne earhest practuable time the record of any rollcall vcte e reflectmg accor arre with the procedure of that
, c ' Irnmediatelv following each public the vote of each Commtssioner on tbc d
statse-tl n Anr such determmation, in-a mncement resmred bv this section.
questioni. All documents conudered in c.' "m; a wr;tten exp!anatten for the
- - ra of the time. place. and subject connecticn with any acti'n shall be idt n a ' e ar d the 5 ec;*.c pronsion or ; o-
.w.er of a rna*tmc whether the meet-tified e unch mmutes.
v; m c
! 9 '. 0 4 ' a rehed upcn. mdt
.: ;.= o en cr cic:ed art charwe m one iba Th? r immit i "i s!rli n.
be m:.de p bh-lv av3tlatle to the extent
,' the precac:re 2nd the name and prcmptiv available to the publ" in tm pm 'te d by the et cumstances.
ne m.mber of the of";cial designated Pubhc Dccument Room. the traner:pt.
4 4.104 Perwn= alTeeted and motions or the Commtulo". to resnond to requests electrome recording. or mmutes n as re-for rm on-idermon, f - mfcrmatwn E cout the meeting shall quired by paragraph s a a of this sectmn' co da cubreittec fcr rW1cev" m tise of the dircussion of any. tem ( n the a J <.e'.e an c person the.se mier-h a ARtcis tr agenda. or of any item of the tatimoi~
ec ma. t-d:rectis a"ected by a por-
..Ac Innoum c r:er.t required of any witness recched at the meit mg.
g tien of a metine re;uests that the Com-by aragraph 8 a - of this section shall except for such item or items of sur h mtvion close such portion to the pubhe diccuxsion or testirnony as the Commi--
cc.,etu ar the Secretarv '-
'I' publicly ro -ing a copy of the docu.
ston determine.s pur<uant to paragraph paragr a5* 6 r
o 9 e
ich of this section to contain tr forma-C upon' request of any 'one cent in the Puthe Document Room at Comm:5...,
" W i estor DC-tion u hich may be withheld under 19101 Ccmmis* *cner. shall sote my recorc ed to the exten* ahpropriate under thj or ! 9.105'et. Copies of suc h transcript, s o e whether to clme such meetin or mmutes. or a transcription of such re-a c;rcumstances.
'b' An'. person tr.ay petition the Com.
mnsinn to reconsider it.s action under C ' maihng a ccpy to all persons t hose r.ames are on a maihng list maintamed t 9105 a or paragraph tai of this sec.
tion by *.1.ng a peittion for reconside a.
.or *Ms purpow atier$ or tran=ctiptrn as riaule.1 tr' r,1 tion witn the Commission withtn seven
'3' submittin g a copy for pe=sible g
hvs after the date of such action and rutheation to at least two nen spapers before the meet:ng m question ts held.
of general circulation in the Washmg-complete verbatim copy of the transcript; gg
'c) A petition for recoraiders!!on fUed ton. D C. metro-ohtan area _.
complete electrome recording of each
}
pb suar.: to parastraph tb' of this sec-
'4' any other means which the Sec-meeting. or rot tion of S meet n.-
flosed tion sha'l state sD&C LScalIV the EToimds rettrT bel etes a til ferge to f urther m-to the public, for a pcilod of at Imst tw o t
on w hich the CommLT.on action is ferm any per%ne who might be inter-W r e m u's m W ee claimed to be erroneous. and shall set e= t ed ycar af ter the conc 1"sion el anv Cim-fert h. If af'ropriate. the pubhc mterest
'e' Action utider the second *entence mission pro redu : with tes rt t 'o u mc h j
f-gi gggQ 453 075 September 1.1978 m
PART 9 e PUBLIC RECORDS l the meeting or portion was hetri, which-
{et er occurs later.
_. c s In the case of an) meettlig closed pursua.nt to 19.104. as the last stem of business. the Commission shall deter-mine which. If any, portions of the elec-
~ tronic recording transcript or minutes Z and which if any items of information 50 withhel1 pursuant to I 9.105tc) con-E tain information which should be with-Z held pursuant to I 9.104; provided how-
- s.. t ha t should t he ( om mission not nuke su,h Jeterminations i+:nnediately f ollowint any sush slovd meetm. the Sesretar) of the
( omnuwson.* upon the adsisc of the Of fice on the (.eneral( ounul and at ter consultinc w ith the ( ommioion. shall make sus h detenninations
_ edi If at some later time the Commis-
- on determines that there is no further
'usttacation for withhniding any trans-scret, recording or other item of infor-m-tion frem the pubile which has pre-
.tauely been withheld. then such infer-m? tion sh*11 te made avri'able.
".109 Ile-Hirt to Congress.
'f The Secratary sha?! annually report to R th: Congrees reTardne the Commaston's
- comp'lanca with the Government in the
- S Inchine Act, including a tabulation of
[ the tota! number of open meeting?. the
' total number of clased meetings, the reisons for closing such meetings and
- c. description of any litigation brought aga:nst the Commission pursuant to the Government in the Sanshine Act. includ-ing any costs a.ssessed against the Com-5 mission in such litigation (whether or not
_ paid by the Commission).
+
453 076
- w.csiaca o i w in 9-13 September 1,1978
PART 2 e RULES OF PRACTICE FOR DOMESTIC LICENSING PROCEEDINGS
~
't 2.71 M Pnwer of presiding officer.
APPENDIX E
\\ presiding otticer has the duts t'
u.ndust a f air and impartial hearine ac cording to law, to take appropriate.ie tion to avoid delay, and to maintain order. He has all powers necessary to those ends including the powers to sat Administer oaths and aftirma-tions ini Issue subpoenas authorized by law t c i Rule on of fers of proot. and recen e es idence.
n S
(di Order depositions to be taken tei Regulate the course of the hear-
{~ ing and the conduct of the participants i ti Dispow of procedural requests or similar matters igi Esamine witnesses thi Hold conferences before or dur -
ing the hearing for settlement.
simplification of the issues, or any other proper purpose.
iii Certify questions to the Commis-sion for its determination either in his disretion or on direction of the Com-mission proceeding for the sie R eope n a reception of f urther esidence at ans tune prior to initial decision iki Issue initial decisions. and tl>
Take any other action consnient with the Act. this chapter, and sections
$51558 of title 5 of the United States Code e
2.719 Separation of functions.
(a) A presiding otticer shall perform g no duties inconsistent with his respon-ubilities as a presiding officer. and will not be responsible to or subject to the supersisor or direction of any ott'icer or employee engaged in the performance of ins estigatis e or prosecuting f unctions O thi in any adjudication, the presid-ing otticer may not consult any perun other ihan a member of his statt on any f act in issue unless on notice and oppor-tunity for all parties to participate. ce s
cept (I t as required for the disposition of parte matters as authorized by law c it and (2 e as provided in paragraph (c) of
,_this section.
1 45J 077 September 1,1978 249 p
PART 2 e RULES OF PRACTICE FOR DOMESTIC LICENSING I_-
ac.aican n for the deter, and gne testimMiG produce specitEd sioners and named NRC personnel at a an
_rr. ;a: ion or mitial d""*# "r..t h e r : hin gs a a desig.
hearing or on deposition may not he re-l er an
.- -[ m:
a contested pro.
nared time and place The subpoena wdl "h" ads ise ot :he quehine prmcdure quired by the preuding of6cer, by sub.
cre ains etticer nia con Me ratt. nd I2. member [of the prm ided in paragraph t t) o! thn section poen.i or oiherw nc "ronded. That the 5 rce Lnicss the sersice of a subpoena presiding otticer may. upon a showing of torined bs the Commssion from tc1
-mc. memeers of atomic safety and is acknowledged on its face by the wit.
exceptional circumstances, such as a case in w hich a 2 cenug boards are drawn Prouded.
particular named NRC ness or is sers ed by an officer or e ployee t the Commission. it shall be employee has direct personal knowledge
~
That in ad:udications in which
' :r ms to the nitial decision may be sers ed by a person who is not a party to of a material fact not known to the wit.
t..e Atoma Safets and Licensine the hearing and n not less than eighteen nesses made as ailable by the Executive ar-years of age Senice of a subp ena Director for Operations require the at-a r;:2 B,ard. the presid'ing otticer shal'l 18
. esult any member of the Atomic shan be made by delis ery of a copy of tendance and testimony of named NRC
( 5. en pe r son ne l.
inc Licensirg Appeal Board or the "b oena to the person named in it P
l. m :ac (ii) in addition. a party may file with
- ~
it issue
'nd tendering him the fees for one day's the presidmg officer written interrogato-attenJance and the mileage allowed by ries to be answered by NRC personnel fd Euep: as prmided in paragraph la w. W hen the subpoena is issued on with knowledge of the facts designated n Waon and : 2 M e). in any behair of the Com m aston. fees and by the Executive Director for Opera-adjudicanon se -
no o ffic e r o 'r mdcage need not n
be tendered and the.{ tions Upon a finding by the presiding ep
- if :he Commission who has
@poena may b: served by registered officer that i
e...a ir t.: per:ormance of any in.
- dd answers to the interrogato-Witnesses summoned by I rics are necessary tq a proper decision in ge c or orc se;ating :uncuon in the ide
!.. e
. ta;tualh related case mas par.
poena shall be paid. by the party 4 the proceedinF and that answers to the sub-l.:;rre-r ads ne ir the :nitial or' 6nal ~ whov instance they appear. the fees and interrogatories are not reasonably ob.
at tamable from any other source. the n
etcept as a witness or counsel ? nuleage paid to witnesses in the distnc,
- - * %
- e;.r c W here an initial or 0' urn of the L nited States presiding officer may require that the
- n c e w n i, st5 t e.:
The person sen ing the subpoena statt answer the mterrogatories.
to rest in w hole or ici
- rc ta (m) No ke proef of sen ice by filing the deposition of a particular
.r..nwn obtaineJ a, a cau
..o a ar una: r or wmmumca
- Pena and affidas tt or acknowledge-named NRC employee or answer to m-terrogatories b) NRC personnel pur-
- e. - r::ed b) F:ragrapn ic i of this mnt or senice with the otticer before
< 2 e 0i c r :nc sestance of the w hom the witness is required to testify of suant to paragraphs (h)(2)(a) and ni) ot c r canon shall be spec Ged in ine produce evidence or with the Secretary this section shall be required before the ec.rc ir. the proceeding and evers parts Failure to make proof of sersice shall matters in controversy in the proceeding
~
have been identified by order of the a. et Jforded an opportunity to con'.
not anect the s alidtty of the sersice.
Com mission o er: the fact or opinion. If the parties m On motion made promptly.and in the presiding officer.
or n: not had w er su;h fact or opinion prior to the any esent at or before the time specified pursuant to i 2.751a. or after the begin.
an opportunity to con-
.ir g M ne decision. a party may con-in the subpoena for comphance by the ning of the prehearing conference held i
pursuant to { 2.752 except upon leave of person to whom the subpoena is the the fact or opinion bs filing an directed. and on notice to the party at shown.
.a er:
presiding officer for good cause
- :scepin n to the mittal decision. or a "h"'C 'nstance the subpoena was issued 2 -
e t r reconsideration of a Gnal the P'esiding officer or. if he is unavaita the Commission may (1) quash or The provisions of 4 2.740(c) and tiv)
.:..>u
.e_rly and conmely setting b h:
- o ution < r arcument relied
- m. Ah the subpoena tfit is unreasonable (e) shall apply to mterrogatories served t.
e c,n on '
e pursuant to this subparagraph.
e "r requires esidence not relevant to any 9 (3) Records or documents in the matter in issue,or (2)condmon denial of 5 custody of the Commissioners and NRC
- , 20 iubpoenas, the mi tion on just and reasonable terms. ;;; personnel are availabk f;r inspecti ig) On apphcation and for good and copying or ph stographing pursuant on On sphu rn by am party. the cause shown, the Commission will seek to (t 2 744 and i 790.
i c a :c rrnicing orncer or. if he is judical e n fo rc e m e n t of a subpocha a A Ne. t ne' Cnairman of the
'ssued to a party and which has not been j 2.721 mes. ne Chief Administratne Law _ quashed A;omic safety and licensing A > rrac Safety.nd Licensing Board
- boards, L.lge or other designated officer will [ (h u l)
The provisions of paragraphs (a) T e Commission or the Chair-Ne d'pnenas requiring the attendance {3 (a s tMough (g) of this section are not ap.
man of the Atomic Safety and Licensmg em m of witnesses or the pro-plicable to the attendance and testimony Board Panel may from time to n of hidence The ofGce r to e of the Commissi ners r NRC personnel, establish one or more atomic safety and time apphcation is made may require a 4 "' !" the production of records or docu-c heensing boards, each comprised of
- s c cf general reles ana of the ( ments in the custody thereof.
<.m h er esidence sought. and mas g three members. one of whom will be nh >id' the subpoena if su'ch a showing (2 "0 f" ' P'"'#' ding en which tne C qualified m the conduct of admmistra-NRC is a party. the NRC staff will make [ tne proceedings and two of whom shall made. but he shall not attempt to r.o:
i
-.,e:errnne the admissibihts of esidence c available one or more witnesses desig-m have such technical or other qualifica-tions as the Commission or the Chairman R nated b) the Executive Director for of the Atomic Safety and LicensinF
.,l Escr subpoena w ill bear the 3 Operations for oral examination at the
. e r f the Commission. the name and o hearing or on depo'sition regardmg any Board Panel deems appropriate to the
- e of the issurre ofGcer and the title manen not privileged, which is relevant issues to be decided, to preside in such re nearirg. an'd u s!! command the to the issues m the proceeding The at-proceedmgs for grantmg. suspending res oking, or amending license = or w. to unum it is directed to attend 1 tendance and testimony of the Commis-authorizations as the Commission may,
.>utember 1,1978 453 078 2 20
PART 2 e RULES OF PRACTICE FOR DOMESTIC LICENSING PROCEEDINGS Ex P u rE Cmtsn u ciow
[he proceeding insoW
,I. " i2 IXJTfacifoffIcTallyME7J
, 7h0 Es parte communications.
t>>
The ruhng on each material e \\-
.s I Lx m rar m v McN 7g m R.is seetion does not apply to 2
'; c e p s io n,
pq raph (e) of this section, neither c o m m u n ic a t io n s a u t h o riz e d by F-(46 The appe.,p.ia te ru hng. orde r. or II ' C"nunisu ne rs. membe rs of their paragraph (clof this section to the dis-
{ denial of re hef, with the effectise date-immediate staffs.or other NRC officials position of e x parte matters authortzed;
{ 2.771 Petition for reconsideration.
anJ employees who adsise the Com-by la w. or to c o m m u n ic a tio n s re i sa A petition for recensideration of mis s mne rs in the e xe rcis e of their quested by the Commission cocnern-a 6nal decision may be tiled by a party Wi-ludicial functions will request or mg:
within ten (10) days after the date of the ente rtain off the record e xcept from (1) Its propnetary functions;
,q decimn. No petition may be filed with e s h other. nor (2) any party to a pro-(2) and responsibinties of then; Ge ne ral he alth and safety
} respect to an ininal deciuon w hich has c e e din g for the iss uance, de ntal, p roble ms become final through failure to file e d a m e ad me n t.
tra n s fe r, re ne w al.
Commis sion; or j
(ce ptions the reto.
modi 6c a tion. s us pe nsion, or revoca-(3) The status of proceedmgs.
(b) The petition for reconsideration R tion of a lic e n s e o r pe rm it, or any (e) in any adjudication fo r the s hall state s pe cifically the res pec ts in 2 ot6c e r e m plo y e e. re p re s e n ta tis e. or determmation of an application for in w hich the 6nal decision is claimed to : ans other person directly or mdirectly itial hcensing, other than a contested be erroneous. the grounds of the peti- { acung in behalf thereof. shall submit proc eeding, Commis sione rs. me mbe rs tio n. and the rehef sought. With in ' ' o' ine record to Co m mis s ione rs or of their immediate staffs and other NRC ten i t or days atter a pe titio n fo r such s ta f f mem be rs. officials, and officials and employees who adsise thej g reconsideration has been file d. a n y empio> ees. any nidence. e xpla nation, { Commissioners in the exercise of theiq
- other party may file an answer in op-anaiy sis, or adv:ce. w hether w ntte n or D quasigudicial functions may c o n s ult, the staff, and the staff may communid C position to or in support of the petition oral regardmg any substantne matter :
- Ho w e s e r. the staff may Gle such an at mue in a proceeding on the record k cate with Commissioners, members of, answ er within twelve (12) days atter a the n pendmg tsefore the NRC for the is-their immediate staffs and other NRC petition f or reconside ration has been sua n;e. denial. amendme nt. transfer, of6eials and employees who advise the
_6 te d re n e w ai. modi 6 cation. s us pension, or Commis sione rs in the e xe rcise of their R
ic i Neither the 6ling nor the g rant.
rn oc ation of a lic e nse or permit. For q uas i-tudicial func tions.
2 ing of the petition shall stay the deci-purposes of this section, the term tf) The provisions and limitations of; I sion u nle s s the Co m m n s ion orde rs proceeding on the record then pend-this s e c tion apphc able to Co mmis -;
Z othe rwise.
ing before the NRC" shall melude any sioners members of their immediate8 7 2.772 Authority of the Secretary to appheation or matter which has been staffs. and other NRC officials andl R ule on Procedural Matters.
noticed for hearmg or concerning employees who advise the Commis.
w hic h heanng has been requested stoners in the exercise of their quasi 4 W he n briefs. motions or other pa pers listed herem are submitted to the Com-purs ant to this pa rt.
judicial func tion s are apphcable tdl W Copic s or u ntie,i c ommunic a.
me mbe rs of the Ato mic Safety andj misbon itself, as opposed to officers who base been delega'ted authonts to tions covered by paragraph (a) of this Lacensmg Appeal Board, members of act for the Commission, the Secre'tary section shall be placed m the NRC their immediate staffs, and other NRC or the As s is t a n t S e c re ta ry are pubhc document room and served by officials and employees who advis e authorized to-the S e c re ta rs on the c omm unic a to r members of the Appeal Board in thee (a) Presenbe schedules for the fil-and the parties to th proceeding in-exercise of their quasi-judicial funcJ
' ng of hne fs, motions. or othe r plead-sohed tio n s.
i te i A Commissione r. member of his
. NOTE [ Deleted 40 FR 2973.]
ing s. w here s uc h sc hedules may diffe r from those e ls e w he re prescnbed in immediate staff. or othe r NRC of6cial'
_r-
'these rules or where these rules do not or e m ploy e e a dvisin g the Co m mis - 2 prescnbe a schedule, sioner in the e xe rcise of their quasi-E ATOMIC S AFETY AND LICENSING c
tb) Rule on motions for e xtensions ludicial func tions. to whom is at- :
APPEAL BnARD
@ of time.
te n:pted any oral communication con-g
[
ic )
Reject motions. bnefs. plead, cernmg any substantne matter at issue l u proceeding on the record as.!
l 2.785 Funesions of Atomic Safelv'
-mgs, and other documents filed with a m a
R ihe Commis s ion later than the time : desenbed in paragraph (a)of this sec" and Licensing Appeal Boards.
presenbed by the Secretary or the [ tion. will dec hne to listen to such com.'
'As s is t a n t Secretary or estabbshed by ~ munication and will e xplain that the.
(a) The Commission has authorizeu an orde r, nale, or re g ulation of the matter is pendmg for determmation. If Atomic Safety and Licensing Appeal.
Com mis s ion u nle s s good cause is unsuccessful in preventing such com-, Boards to exercise the authority and per-show n for the late Ghng, munication, the recipient thereof will I orm the review functions which would f
(d) Prescribe all procedural ar-adsise the communicator that a wntten ' $ otherwise hsve been exercised and per.
rang eTne nts relating to any oral argu.
summary of the conversation will be i " fermed by the Commission, including ment to be held before the Commis,
dehsered to the NRC pubhc documenti S but not limited to, those under
(!
_ uon; room and a copy served by the Secre-2.760 2.771,2.912, and 2.913 in (l) pro-(eiExtend the time for the Commis-tary of the Commission on the com il ceedings on applicalit.,ns for licenses slon to rule on a petitacn for review municator and the parties to the pro-under Part 50 of this chapter and (2)
,g under 10 CFR 2.786(bt (f) Extend the ceeding involved. The recipient of the -
such other licensing proceedings under g time for the Cornmisalon to grant oral cornmunication thereupon will.
the regulations in this chapter as the review on its own motion under 10 make a fair, wntten summary of such :
Commission may specify.
g g CFR 2.78S(a); and (g) Extend time for communication and deliser such sum I' Comtnission review on it.s own motion ma ry t the NRC pubhc doc ument -
Lof a Director's denial under 10 CFR room and serve copies thereof upon }
2.206(e).
...,na,3 4 3 r g i 739 s the communicator and theJarties toj September 1,1979
i i
12428 x
proposedrules Tbs section of me FEDEts t REGISTER coa *o+: nohces to the pwbr.c of she proposed iswance of rules oad regu4otions.
gne interested peesoes on opcorNa *y to pecWe in me rWe mobne paar to 'h* odophon of me Onot %s.
FOR FURTHER INFORMATION FOR FURTHER INFORMATION I
CONTACT:
q p g } _g]
CONTAC*n d
DEPARTMENT OF AGRICULTURE Additional information may be se-Stephen S. Ostrach. Esa, Of fice of cured on request, submitted to the General Counsel. U.S. Nuclear (
me of me 5.crevery Weldon V. Barton. Director. Of fice Regulatory Commission. Washing-i I
of Energy. Department of Agricul-ton D.C. 20555. (202) 634-3224.
tr cyt Per,2900) t ure. (202) 447-2455.
SUPPLEMENTARY INFORMATION:
d' SUPPLEMENTARY INFORMATION: These proposed amendments have two ts5ENTtAt AGRICVLTURA1 U515 OF NATVtAL Comments are particularly invited primary purposes They are destgned I
from State and local agencies which to adapt the Commission's rules to the t
GAS are authorized to develop and enforce terminology of the Government in the i
A,oaebmty of DmH trrvir ememel lepec, environmental standards and from Sunshine Act and they are also de-5,,,,,,,,
Federal agencies having jurisdiction signed to codify the practices the AGENCY: Office of the Secretary, by law or special expertise with re-Commission now employs in its adjudi-spect to any emironmental impact in-catory proceedings sith regard to cz USDA.
voh'ed from which comments have not parte communications.
Both the separation of functions ACTION: Notice of availability of baen requested specifically.
dram environmental impact s%tement Ccpiet of the GE Draf t Environmen-regulation 9 2.719. and the er parte and request for comments.
tal Impact Statement hase been sent regulation.12.780. are based on the various Federal. Stae and local concept of "Cornnussion adjudicatory I SU'IMARY: Notice is hereby given toagencies, as outuned in the Council of employees." This term ls new, but the prepared a Draft Environmental Enttronmental Quality guidelines.
principle it represents is embodied in that the Office of Energy (OE) has the present regulations. It is intended Impact Statement (DEIS) in accord-Dated at Washington. D.C. this 27th to include all of those employees s ho ance with Section 100m(c) of the Na-day of February 1979-participate in the making of the Com-WE Dow V. B ARToN.
mission's (or the subordinate adjudica-t.onal Erwtronroental Policy Act of 190 (NEPA) in connection with the Director. Office of f nergy.
tory panels') decisions in adjudicatory pro:'osed rule by the Secretary of Ag.
(FR Doc. %7106 Filed 3-449: 8 50 aml proceedmgs, and it should be broadly rn:ure to certif y the es.sential agn.
e nstrued. Of course, it does not in-clude those people whose participatton cubral uses of natural gas to the Sec- [7590-01-M]
ec nma pmess is M retary of Energy under Section 401 of the Natural Gas Pohey Act (Pub. I.
NUCLEAR REGULATORY W C21). (43 FR 54938. November 24-COMMISSION
[elThe Commission has requested the 00 cra Pere 2]
The Dapartment of Agriculture ear-General Counsel's office to examine lia r p ern ed a prehmmary impact Rut 15 oF PRACTICI the extent to shich direct commun:ca-tions between the Commissioners and ar - s s.1 of the proposed rule. In re-AGENCY: U.S. Nuclear Regulatory the Commission staff may legally and
- a to pubhc comment, a draft er Ccmmission.
practically be employed as mana&-
s :re nmental impact statement has t>ce) prepared wh!ch d:.scusses the eco-ACTION: Proposed rule.
ment tools. In particular, the study nocnic and emTronmt ntal conse-
SUMMARY
- The Commission is will examine the extent to s hich Com-of four alternative curtail-amendmg its rule deahng with er missioners can. not on the record, ment plans. Thts statement exammes parte communications and the separa-communicate with staff on issues
- uences t *1e impacts on agneulture, af fected tien of adjudicatory and non-adjudica-shich arise in specific proceedmg in adustries, air quahty, s ater quality, tery functions so that those rules sili adjudication sithout violating.he er and biological resources.
accord sith the Government in the parte provisions of the Administratise Sunshine Act. Pub. I. No.94-409. The Procedure Act and without violating DATE' Comments must be recebed cn substance of the proposed rules is the " hearing" requirement of the or bef ore April :3.1979.
largely unchanged from the Corrimis-Atomic Energy Act. This study, which ADDRESS. Send cornments to: Direc-ston's current rules and practices in is now scheduled to be completed in approximately two months, may lead tor. Office of Energy. U.S Department the areas involved.
to recommendations for modificanon of Agneulture. Roo n 226-E. Admints-DATE: Comments must be received on of the regulations proposed belc v or tranon Buildmg.,12th an Indepen-or before April 23,1979.
for other modifications in the Cam-dence Ave.. S.E Wastungton D.C.
20250. The Draft Enytronmental ADDRESSD: Written comments mission's current regulations and prac.
Impact Statement may be exrntined should be submitted to the Secretary tices. Public comment on the issue of danns regular bu.uness hours at the of the Commission. U.S. Nuclear Reg-such communications may be rnade Of fice of Energy in the South Agneul-ulatory Commission. Washington. D.C.
now or may be made after the General ture Building.12th Street and Inde-20555. ATTN: Docketing and Service Counsel's recommendations are made Branch. Copies of all comments re-public.
pendence As enue. S.W., Washington. cetted may be examined in the Com-Proposed 12.719 is drawn f rom 5 D C. Rootn 5173. Copies of the OC missioni Public Document Room at U.S.C. 554(d) and the Commission's DEIS may be obtair.ed upon request to 1717 II Street N.W.. Washington, D.C.
present regulation on separation of the OE at the above address, f tDER At REGt1 Tit, VOt. 44, MO. 46--WEONt5 DAY, MARCH 7,1779 Am'?
080
d PROPOSED RULES 10 0 functions. Subsection (b) is designed 2.iB0(e) as it is presently written. The catory employees mll be treated. T!".
to prevent adjudice. tory employees absence of any dispute insolving the are modeled af ter the provtsions of t!-
from being subordinate to non-adjudi-application ensures that this provision Sunshine Act, and also protide that. i-catory employees so that no situations u til not prejudice any party.
most cases, the Secretary of the Com-can trise in which the independersee of The final exclusion from the defin!- mission will send copics of the commn the Commission's adjudications may tion of er parte communications in-nication to all parties to the proceed-be scspect. Subsection (c) will prevent t oltes generic issues. This exclusion in g.
Commission staff personnel who have takes account of the Cornmission's Subsection (h) e xplains how pro-appeared as parties in adjudications dual responsibilities as both an adjudi-ceedings to :11 pose sanctions for viola-from participating in making the deci-catory and a rulemaking body. The tions of the er parte rule shall be com-sions in those or f actualy related adju-Commission often has before it gener-menced. The Commission expects that dications. This provision does not ic rulemaking proposals which would the sanctions imposed in any case u til apply to uncontested applications for alter Commission policy in broad areas take into account the intent of the imtlal licenses or to informal rulemak-of its responsibilities. In many cases persons involved, the seriousness of ings conducted pursuant to 5 U.S C.
such proposals. If adopted, would have the violation, the nature of the issues 553.
an ef fect on adjudicatory proceeding 3 and their importance to the proceed-Section 2.780 is intended to cover all and. in some cases. on matters current-ing the interests of other parties or Commission adjudications. It does not ly in issue in such adjudications. To in-persons. the public interest and othc r apply 'o informal rulemakings or to clude these generic matters within the relevant f actors. Subsection til defines dectsions on requests for enforcement definition of er parte communichtlons when the prohibition against er parte action purstaant to 10 CFR 2.206. It would sigmficantly impair the Com* communications comes into effect.
does apply once an enforcement pro-m:ssion's a 5tlity to resolve generic Subsection (j M1) defines the term pro-ceeding has been instituted pursuant issues through rulemaking. Since the ceeding so as to exclude export and to 10 CFR 2.202. There are seseral spe-same generic issue may affect many import proceedings from the defini-cific exclusions from the defimtion of adjudications, each with separate par-tion. Since those proceedmgs are scra-er parte communication in subsecticn ties, resolution of these issues through rately treated in Part 110 of tne Ccm-2.7 80( b ). The first exception intoltes adjudicatory or quasi adjudicatory mission's regulations. Purthermore.
requests for reports on the current procedures might in some cases pre-consistent wit h current Commisst a n status of a proceeding or upon sched-tent the Comm!ssion from taking pohey, rulemaking proceedings con uling matters. This exception permite. needed regulatory action in an expedi-ducted pursuant to Subpart H of 16 the parties to obtain casily this neces-t rous f a.shion. The Commission be-CFR Part 2 are also not inclu.h ti sary and rot. tine information. The 11 eves that this policy accords with law within the coverage of the er pm <
second exception is for er parte com-and is justified for the po!!cy reasons prchibition except as the Ca=tsuon munications which are specifically given above. However, the Commission may otherwise direct in particu!ar ru-permitted by statute or regvlation. recognizes that this provision cannot lemakings. Subsection (ju 2) definti such as reque*,ts for subpoenas or dis-be used as a means of circumventing g
cussions of certain classified informa-the adjudicatory process and will act term is defined in the legislati.e histo-tion (see 10 CFR 2 912). This excep-to ensure that its use is limited to mat-ry of the Sunshine Act H.R. Rep. 94-t!cn simply recognizes that the policy ters that are of generic rather than 880 Part I 94th Cor.g. 2nd Sess. at 19-against er parte commurucations can limited concern.
20(1976).
be overcome by other pohey consider-Subsections (c) and (d) cf 12.780 are Pursuant to section 161 of the ations. Aslo excluded f rom the defini-the essential operative protistens of At mic Energy Act and 5 U.S.C. 553 tion are communications by or to the er parte rule. Together they bar er notice is hereby given that adoption of members of the O!! ice of the General pa rte communications either to or the following amendments to 10 CFR Counsel regarding matters pending from Commission adjudicatory en, before a court or another agency. Al-playees. The prohibitions apply to "in.
Part 2 is contemplated. All interested though in most cases issues are litigat-terested persons" as that term is used persons who desire to submit writter:
ed in the courts only af ter they have in the Government in the Sunshine comments or suggesticns for consider-been adjudicated by t he Commission.
Act. The long-standir g Comnussion ation in connection with the proposed there have been cases in shich mat-policy against er parte communica, amendments should send them to the ters sere pending in litigation at the tions between adjudicatory and nori. Secretary. United States Nuclear Rep same time that those or related issues adjudicatory employees is also made ulatory Commission. Washington. D.C.
were before the Commission or the expucit. Subsection (e) is a codifica. 20555. Attention: Docketing and Serv-Boards. In such cases it is sometimes tion of current procedures for dealing ice Branch. All comments must be re-necessary for members of the Office of with c: parte communications. It pro.
ceived by April 23,1979. Copies of all the General Counsel to discuss the liti-vides that, to the extent possible, e2 comments received may be examined gation with the parties w ho may also parte cornmunications will be chan. in the Commiss on's Public Document I e parties to the Commission proceed-neled to the Office of the Executive Room at 1717 H Street NW., Washing-i s. Subsection 2.780(b)(3) recognizes Director for Operations for handling ton, D.C.
ti.'s need and excludes such communi-by that office. Since the communica.
- 1. It is proposed to amend 12.719 to cattu - from the definition of er parte tions will not reach any adjudicatory read as follows:
communications so long as they are employee, this means they will in most limited to discussions of the matters cases not have to be copied and circu-I I9 Separation of Functiont Commk-si n Adjudicatory Employees.
pending before the court (or other lated to the parties This will result in agency). The fourth exemption per-a significant cost savings to the Corn-(a) As defined in this section Com-mits adjudicatory employees to com-mission which presently copies and mission adjudicatory employees in-municate directly with the staff in un-citeslates ali er parte communications clude:
contested licensing proceedings which, regardless of the volume of such com-(1) The Chairman and Commismon-as defined by 10 CFR 2.4tn). are pro-mumcations or whether they reached ers and members of their personal ceedings in which the only parties are the Commission en.ployee to whom staffs; the stafI and the applicant and where they w ere sent. Subsections (f) and (g)
(2) Members of the Atomic Safety there are no issues in d:spute. This proside how er parte communications and Licensing Appeal Panel and mem-provLs.on is carried over f rom 10 CFR uhtch are received or made by adjudi-bers of the staff of that panel; FICERAL RIGISTER VOL 44, NO. 46-WEDNE$D AY, MARCH 7,1979 3%
08l t
1.
12430 PROPOSED RULES (3) Members of the Atomic Safety or eitten comrnunication relevant to with but separate from the public and L;censma Board Panel and mem.
tr e merits of any proceeding on the record of that proceeding-bars of the naff of that p:mel; record pending before the NRC which (1) All such communications which (4) The General Counsel and em-is not made on the public record and are uTitten; plo>ees of the Office of the Ger.eral with respect to which reasonable prior (2) Memoranda stating the sub-Counsel; notare to all participants in the pro-stance of any such communications (5) The Director of the Office of ceedmg is not given, but it shall not in-shich sere oral; and Pohey Pvaluation and e=;;1c,ees cf clu de.
(3) All sTitten responses, and memo-that office; (1) Rec,uests for status reports; randa stating the substance of all oral
<6i The Secretary and employees of (D Ez parte communications specifi-responses to the materials discussed in the Office of the Secretarr. and cally permitted by statute or reguia-paragra;hs (D(1) and (f X21 of this sec-(7) The D: rector of the Office of In-tion (for example, i 2.720 of this part);
tion.
spector and Auditor and employees of (31 Communications made to or by (g) The Secretary will send copies of that office.
members of the Office of the General any communication of the kinds listed (b? Commission adjudicatory em-Counsel regarding matters pending in paragraphs (f)(1),(2) and (3) of this plovees shall perform no duties incon-befcre a court or another agency; sectibn to all participant.s to the pro-s: stent with thett ads licatory respc7 (4) Communications between staff ceeding with respect to which it was sib'.11t:es. In carrying out their adjudi-a:.d any Commission adjudicatory em-made. and will notify the communica-catry cespo'tsibilities thes* employees ployee in a proceeding invoking an ap-
.or of the provisions of this regulation Mll not be responsible to or subject to plication for initial licensing other prohibitmg er pcrte communications.
the superTision or d:rection of any than in a contested proceeding as de-If the communications are from per-Comm:ss:on officer or employee imed by l 2.4(n) of this Part; and sons other than participants to the empt another Comrmssion adjudica-(5) Communications between the proceedmgs or their agents, and the torr unployee acting under this Sub-Commiss:on and staff regarding gener-Secretary determmes that it would be part ic usues involving public health and too burdensome to send copies of the (c5 Except as proddM in 12.780 of safety or other statutory responsibil-communications to all participants be-this Sabpart and except n unctntes*
ities of the Commtalon not spectftcal-cause: (1) the communications are so ed proceedmgs involnng an applica-ly related to any particular proceeding voluminous, or (2) the communica-tion for initial licensing, no officer or pening before the Cornmiulon.
tions are of such borderline relevance empicyee of the Commission except a (c) No Commission adjudicatory em-to the issues of the proceeding. or (3) member of the Commiss:on who has ployee will make or knowingly cause the participants to the proceeding are engaged in the perfortnance of any in-to be made to any interested person so numerous, the Secretary may in-vesugatis e or prosecutmg functions in outs de the NRC or to any NRC em-stead notify the participant.s that the that case or in any f actually related playee engaged in the performance of commuccations have been received, esse may participate or adnse in the intestigative or prosecuting functions placed in the file, and are available f or 1mtial or fmal decision, except as a in that or in any f actually related pro-examination, and will be sent upon re-witness c r counsel in the proceeding. ceedma s.n e.r porte communication.
Quest.
Represenuat:on cf the Corrmiuica in (d) ho interested person outside the (h) Upon receipt of a communication an" cour*. of law or before any agency NRC and no NRC employee engaged knowingly trsde or knowingly caused other than the Com*on does not in the perforrnance of investigative or to be made in violation of this section, con.stitute the perfortnance of intesti-prosecutmg functions in that proceed-a CotrWon adjudicatory employee gatae or prosecuting timetions for the i.6 or are f actually related proceeding may, to the extent consistent with the purposes of this section-sha2 Inc.e or shall knowingly cause to interests of justice and the policy of 2 It is preposed to amend ! 2.780 4 be made to any Commission adjudica-the underlying statutes, recornmend to read as follows; tery employee an er pcrfe communica-the appropriate C,ommmton adjudica-tion.
tory tribunal that the person making
! ;;.N) Ex parte commumcauont Co m.
(e) To the extent possible, all cz or canW the prohibited cornmunica-maalon adjudicatory emplones.
pcr:c co:nmunications directed to any t!on be made to show cause why his (a) As defined in this section. Co n-Commiss;on adjudicatory employee claim or interest in the proceeding mission adjudiestory er=ployees in-will be referred to the Office of the should not be denied, disrega.ded, dis-clude:
Decutive Director for Operations for missed or otherwise adversejy affected (1) The Chairman and Commission-handling by that office, and such er because of such violation.
ers and tnembers of their personal r arte communications will not be (1) The prohibitions of this section st a f f s; transmitted to the Commission adjudi-shall apply when a proceeding is first (2) Members of the Atomic Safety catory e=ployee to whom they were noticed for a formal hearing on the and Licensmg Appeal Panel and tnem-d:rected. Such ex pcrte communica-record, unless the person responsible bers of the staff of that panel; tions shall be placed in a file associat-for the communication has knowledge (3) Members of the Atomic Safety ed with but separate frcm the record that it will be noticed, in which case and Licensing Board Panel and mern-of the proceeding to which the er the prohibition shall apply at the time bers cf the staff cf that panel; parte communication pertains. If a he accutres such knowledge.
t4) The General Couruel and em-commurdation was made or solleited (J) As used in this section:
pW ees of the Office of the Gene-al by a Com ntssion adjudicatory employ-(1) ihe term proceeding shall not Counsel; ee, or if it is otherwise approprtate, refer to any proceeding or proceedings t H The Director of the Office of the Decutive Director for Operations governed by Part 110 of this chapter, Pc;1cy Evaluation and employees of will serve the er perfe communicatPn and except as the Comrnission may that office; on all partjes to the proceeding to otNrwise direct., shall not refer to any i6) The Secretary and employees of w hich it pertains.
,roceeding for the adoption, amend-the Of fice of the Secretary; and (f) Any Commluion adjudicatory ment or repeal of any rule or regula-til The Director of the Of fice of In-employee wh-Nite paragraph (e) tion wtuch is conducted pursuant to spector and Aud. tor and employees of of this section, recetu s, makes or S bpart H of this Part, and that office.
knowingly causes to be made a com-(2) The tern.
- rested person is in-t u As used in this section, the term rnunication prohibited by this section tended to be a wide, inclusive term c: parte communicatica sneans an o al sill place in a public file associated covering any individual or other ib FEDERA1 LIG11 Tit, VOL 44, NO 44--WIDN15 DAY, MARO4 F,1979 i
i F'3 082
PROPOSED RULES 124'M perwn sith an interest in the agency Robert C. Gillette (Hearing Proce. NCUA-31 and entitled Litigation Ca.
proceed lng that is greater than the dures). Economic Regulatory Admm-Files. Thus. NCUA proposes to amer..
general interest the puWe as a whole istration. 2000 M Street. N.W., Room 1720.35 to reflect the extstence of th.
may have. The interest need not be 2214B. Washington.
D.C.
20461, new exempted system.
monetary. nor need a person be a (202) :54-4201.
When a new system of records pr p sed. subsection <o) of the Prn ac -
party to. or intervenor in, the agency Daniel J. Thomas (Regulations and proceeding to come under thLs section.
Act (5 U.S.C. 552ato)). requires that Er rgency Planning)
Economic The term includes, but is not limited Report on the New Systern of Recore Regulatory A11mimstration. 2000 M to parties, competitors, public offt-Street. N.W., Room 2310. Washing-(" Report") be submitted foe review M cials, and nonprofit or public interest Congress and to the Office of Manam ton. D~C. 20461. CO2) 254-7477.
organizations and associations with a ment and Budget. Additionally, an or..
special interest in the matter regulat-Issued in Washington, D.C., March portunity for pt bile notice and com ed. The term does not include a 1.1979.
ment on the pr.cosed new system member of the public at large who Docct.As G. Roarsson, NCUA-31: Litigation Case Files.
makes a casual or general expression Asststant Admintstration. Regu-being provided concurrently with th.
of opinion aoout pending proceedings.
lations and Emergency Plan-proposed amend sent.
For the Commission.
m Ec n mic Regulato4 NCUA-31 would be exempt fcm A d min ts tra to r.
subsections (ex 3) (d). (ex1). (ex 4 iG
- SAucu. J. Curt K.
g 73 poc,79_6915 Filed 3-6-79. 8 45 am]
(H) and (I), and (f) of the Privac.- Act Secretary of ute Commissio n-Dated at Washington. DC, this 1st
- (5 U.S.C.
552at e x 3 ).
(d).
.e.( 1 t (e x 4 x G ).
< !! ). (I M )). insof ar a.s t h.,
day of March 1979.
[7535-01-M]
system of records contains inse,t.n ton matedab cowed for law +
(FR Doc. 79 6674 Ptled 3-6-79. 8 45 aml NATIONAL CREDIT UNION forcement purposes. Ilos evet if r ADMINISTRATION individual is denied' any r.gh.
pra.
lege r benefit to a hich the ino'nd 2i.
[6450-01-Ml I12 Cra Pen 720]
would otherwise be entitled by Feden DEPARTMENT OF ENERGY peoT=CitON OF PRIVACY OF INOfVfDUAL law, or for which the indindual oP--
NN ' 13 Econom.c ae,d.sory Adminiseretten Proposed Rulemebing-.-En emptions records or infortnat;on cont:.me 10 CFR Peres 21I and 212]
AGENCY: National Credit U;uon Ad.
therein will be accessible to the indn tDocket No. FRA-R-78-121 ministration.
vidual: Pm rided. The identity cf e nfidential source is not dr 'losed.
AMENOMENt1 TO IMPO54 THE ENTITLEMENT ACTION: Privacy Act Notice and Pro-The recor ontained CUA.
OEUGATION ON THE FIRST PURCHA5E OF posed Revisions to 12 CFR 720.35.
PRlCE CONTROLLED DOMISTIC CIUDE OIL
SUMMARY
- NCUA proposes to tion of NCUA's legal and enforcement Proposed RulemeMag; Cancellation of Public amend 12 CFR 720 35. Exemptions, to respons:bilities under the Federa!
He.rmg give notice of another new systern of Credit Union Act (12 U.RC. 1756.
records sh!ch is exempt from certain 1789) and the Federal Tort Claims Ac; AGENCY: Economic Regulatory Ad.
provtstons of the Privacy Act of 1974
( 28 U.S.C. 2671-2680). Recorus ma:.
mimstration. Department of Energy.
(5 U.S C. 552a (1974)) (the " Privacy contain unvertfled, unsolicited state-ACTION: Proposed rulemaking; can.
Act") pursuant to subsection (kx2) ci ments sometimes received from confi-cellation of public hearing, the Privacy Act (5 U.S.C. 552a(kx2)).
dential sources. In addition, reports of
SUMMARY
- On January 25.1979.the DATES: Comments must be received investigations or other internal agenc',
Economic Regulatory Administration on or before April 7.1979.
memoranda may be included in them files. NCUA believes that the discio-( ER A) of the Department of Energy ADDRESS: Send sritten comments to sure of the existence of the informa-(DOE) proposed to amend its domestic Robert S. Monheit. Senior Attorney. tion in this system or the identity o!
crude il allocanon (or entitlements)
Office of General Counsel. National sources of information mav seriour.
rem Nn AhlsMon. 2005 M hamper and underrnine ef fective en-urch e obli tJo on the il p
Street, NW, Washington, D.C.,.0456.
forcement of the Federal credit union chase of price <ontrolled domestic crude oil, regardless of whether the FOR FURTHER INFORMATION laws. Such disclosure may prematt. rely purchaser is a refiner reseller, or some CONTACT:
alert individuals that they are under other user of crude oil. (44 FR 5296)
Investig. tion or provide secess to e.1 Dest rix D. r. elds. Staff Attorney, dentiary information. Similary, an ac in the same notjee. DOE ann unced Of fice of General Counsel, or tele-counting as required by su bsr that a public heartng would be '. eld on phone CO2) 632-4870.
(ex1) of the Privacy Act (5 U J C.
March 8,1979, in Denver. Colo' ado for SUPPLEMENTARY INFORMATION: 522a(c)(1)) should not be disclosed..u the purpose of accepting or il com.
Subsection (k) of the P-tracy Act (5 it may indicate that records have been ments on the proposed reg.21ations.
U.S C. 552a(k)) sets forth speci!!c ex.
torwarded to the Justice Department Because only two requests to speak emptions for systems of records which for consideration of criminal proceed-were made. DOE has deterrr.me<' af ter may be exempted from certain prov1 Ings. If such an accounting is d;.,-
consultation with the requesting par-sions of the Privacy Act. Those NCUA closed, an individual may flee the ju-symms of records Weh au nempt mMon w eem Wme m gl 'for n
y Acco th h in pursuant to subsection (k) are d e-criminal prosecution. During litgatica prenously scheduled March 8'
scribed in 1720.35(c) of its rules and access to case file information is lima 1979 is cancelled.
regulations (12 CFR 720.35M. In am ed by the bounds of apphcable d.scov-C
- Y ^#
^
'U W h gto'n.
C.
til be he d as an I
cream a new smem of uch W mama h W ccMh4m m nounced on March 13* 1979' that ts censidered to be an exempted an administrative or judicial proce(d.
FOR FURTHER INFORMATION system under subsection (t)(2) of the ing, it is necessary to retain investig's CONTACT; Privacy Act. The system is deugnated tory materials intact. Further levi FEDttAt alGISTER. VOL 44. NO. 4WWIDhtSDAY, MARCH 7,1979 7
083
n.
~. _. ~,.....
UNITED STATES NUCLE 4R REGULATORY COMMISSION PDR MONTHLY ACCESSION LIST APPENDIX F PAGE 15 79/01/31 79/0n/01 FILE LOCATION ILE LE.cLS 00C. DATE s
10CFH PTv.7 790111 10CFR 79/01/11 ACCESSION NdH: 7901170360 TASK NBWI PT9.7 790111 00C. IvPEI MEMO FICHE NHR N6W. PAbtSt 1P.
NOTARIZL-03 79011702998 DOCKET UATE LFOR:
N0 dEPUdi NnW8 AUTnow:
CHILn,S.J.
AFFILI UFFICE OF THE SECRETAWY OF THE COMMISSION WECIP.8 AFFILt OFFICE OF THE SECRETARY OF THE COMMISSION
SUBJECT:
CDM91SSION OE T E Ri41N A T I ON RE PUBLIC 01SCLOSURE UNDER THE GCVT IN THE SUNSHINE ACT OF TRANSCRIPT OF LICENSIWG HEFORM OISCUSSloa O'
'71215. TRANSCRIPT AILL HL c.ITHHELO FHUM PUhLIC 013 C L 0 b ui4 E,
E NLLEASED AF TEH CONGHESS A0J0vwhS.
FR Pi?e7 790112 10CFR 74/01/12 ACCESSION Nuwt 7901250024 TASo NdRI PT9.7 790112 DUC. TYWE Mimu FICHE NuR NbH. PAGtS: 1P.
NOTANIZE03 00CnET uATES LPDH NO WLPUNT
.% h d l AUTHOWI CHILMeS.J.
AFFIL3 0FFICE OF THE SECRETARY OF THE COMMISSION NtCIP.:
.9FIL: OFFICE OF THE SECRETART OF THE COMMISSION SUHJECis COMMISSION HELEASES *THANSCk1PT OF COMMISSION OISCUSSION OF buubET MAnnUP FY798 AUGUST 26,197F" IN ITS ENTINEft.
CFR PT9.7 790118 79/01/18 ACCESSION News 7901290337 TASK NHRI 10CFR PT9.7 790118 09C. TYPE LtGAL DOCUMENT FICMt NHH:
- h. k. PAGLSt 41PP.
NOTARIZED:
7901290337 00Cnti UAIE:
LPON:
NO qq (y) kEPURT NHWI (J
AUTHUN:
HENURIE,J.M.
AFFil C 0 >.11 S S I O N AUTHOR:
nEWNEDY,H.T.
AT F ILI C0dMISSION AUTHbHI HWAUFORD,P.A.
AF F IL8 COMMISSION D
C%)
$UeJECTs TRAndCWIPT OF A 790116 MEETING IN n8SMING10N,0C,RE
'DA SLCva73-624 & PIRG PET 1110N TO AMEND 10CFH100 NE POPULATION UtN51TY Cw!TEH14 AdOUNO NUCL'.AW NLACTON SITES.PP1-41.
y......
'o UNITED STATES
[ 'jp, e. [,,g NUCLEAR REGULATORY cot /. MISSION WASHIN GT ON, D. C. 20555 g{pl,. E C. *tCA c
/
June 8,1979
- ..,+
CHAIRMAN The Honorable Walter F. Mondale President of the Senate Washington, D.
C.
20510
Dear Mr. President:
In accordance with Section 3 (j ) of Public Law 94-409 (5 U.S.C. 552b(j)), we are enclosing the Nuclear Regulatory Commission's Annua 4 Report on the Administration of the Government.in the Sunshine Act for the one year period of January 1, 1978 through December 31, 1978.
Sincerely,
s dW M_
M h M.
Hendrie
Enclosure:
As stated
.s 453 ogg
.F
~ ~ uq'c UNITED STATES
.y i "',',. FO NUCLEAR REGULATORY COMMISSION 5. i,. N !y i
WASHINGTON. D. C. 20555
- c. i&Nf 5
%, s*f June 8, 1979 CH AI RMAN The Honorable Thomas P.
O'Neill Speaker of the House of Representatives Washington, D. C.
20515
Dear Mr. Speaker:
In accordance with Section 3(j ) of Put.lic Law 94-409 (5 552b (j ) ), we are enclosing the Nuclear Regulatory U.S.C.
Commission's Annuah Report on the Administration of the Government in the Sunshine Act for the one year period of January 1, 1978 through December 31, 1978.
Sincerely,
\\
M
~7ns ph M. Hendrie
Enclosure:
As stated 4
453 086
,&* *
- c u UNITED STATES
[ 'g,., e,[c_
NUOLEAR REGULATORY COMM:SSION
/'hn
^
WAsHtNGTON. o. c. 20555
.a June 8, 1979 u?
.y s
CHAIRMAN The Honorable Lawton chiles, Chairman Subcommittee en Federal Spending Practices and Open Govern:nent Committee on Governmental Aff airs United States Senate Washington, D. C.
20510
Dear Mr. Chai - ri:
The Nuclear Regulatiory Cormi ssion has today submitted its Annual ' Report on the Administration of the Government in the Sunshine Act for 1978 to the Soeaker of the House and the
~
President of the Senate.
A copy is enclosed.
In your letter of March 6, 1979, regarding the types of information to be included in our annual report, you asked to receive co=:nents and general views regarding our experience in implementing the Sunshine Act.
In response, we would like to note that the emergency situation created by the
~
recent incident nt Three Mile Island presented the Com:nission with an unprecedented, unanticipated and extracrdinarily difficult challenge in terms of responding to a serious health and safaty crisis while complying with the Sunshine Act.
As a result of that experience and continuing experience with the ongoing investigations, we may later wish to submit
'to you proposed changes.
'bg Sincerely,
.\\
d Msbs
, Jo eph M. Hendrie
Enclosure:
As stated cc:
Senator John Danforth
\\
453 087
,{ p nc j,
UNITED STATES yKe7j NUCLEAR REGULATORY COMMISSION
- .;gry/
- 3 s
r/ASmNGToN,0. C. 20555
=. w. _ --
June 8, 1979 CHAIRMAN The Honorable Richardson Preyer, Chairman Subcommittee on Government Information and Individual Rights Committee on Government Operations United States House of Representatives Washington, D. C.
20515
Dear Mr. Chairman:
The Nuclear Regula$ory Codssion has today submitted its Annual' Report on the Ahinistration of the Government in the Sunshine Act for 1978 to the Speaker of the House and the President of the Senate.
A copy is enclosed.
In your letter of March 6, 1979, regarding the types of information to be included in our annual report, you asked to receive comments and general views regarding our experience in implementing the Sunshine Act.
In response, we would like to note that the emargency situation created by the recent incident at -Three Mile Island presented the Commission with an unprecedented, unanticipated and extraordinarily difficult challenge in terms of responding to a serious health and safety crisis while complying with the Sunshine Act.
As a result of that experience and continuing experience with the ongoing investigations, we may later wish to submit
'.to yeu proposed changes.
\\ Sincerely,
i
\\
r h M. Hendrie
.s
Enclosure:
~
As stated cc:
Rep. Thomas Kindness s
453 0*n N