ML19296A026

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Internal Commission Procedures-only 10-08-19 Rev. Ch. V - Pg. 2.1.d
ML19296A026
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Issue date: 10/08/2019
From: Annette Vietti-Cook
NRC/SECY
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Download: ML19296A026 (3)


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CHAPTER V - INSTITUTIONAL CORRESPONDENCE INSTITUTIONAL CORRESPONDENCE The agency policy is to ensure preparation of responsive, timely replies to all correspondence requiring action by the Commission. While the Chairman, as official spokesman of the agency, is principally responsible for carrying out this policy, this also demands personal attention by staff managers as well as priority action by Commissioners. Staff offices with relevant expertise may be tasked with the initial drafting of agency correspondence. Procedures regarding the preparation of Congressional testimony and procedures for tracking commitments made in Congressional hearings and for forwarding responses to Congress are set forth in Chapter VII.

INCOMING CORRESPONDENCE

1. Receipt and Review by the Office of the Secretary
a. External correspondence addressed to the Chairman, the Commission, or the Secretary, and all Congressional correspondence addressed to the Chairman, the Commission, or the Secretary is delivered to the Office of the Secretary. Correspondence addressed to individual Commissioners is handled according to procedures established by each Commissioner.
b. SECY reviews the incoming correspondence and makes an initial determination as to:

o whether a response is necessary; o who should prepare the response and how much preparation time will be allowed; o who should sign the response if one is required; o whether the response will require Chairman review or collegial Commission review; o whether an acknowledgment is required and who should prepare it; and o whether the communication is ex parte as defined by the Commissions Rules of Practice (10 CFR 2.347), and requires special handling.

c. If an incoming communication is believed to be ex parte, SECY consults with OGC and OCAA, as necessary, before the correspondence is assigned to an action office. (See further discussion of the ex parte rule in this Chapter.)

October 8, 2019 Chapter V - Page 1

CHAPTER V - INSTITUTIONAL CORRESPONDENCE

d. With the exception of Congressional correspondence, incoming correspondence that is not sensitive (i.e., does not contain proprietary information, personally identifiable information, controlled unclassified information, etc.) can be made publicly available by the assigned lead office, 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> after distribution to the addressee. Incoming Congressional correspondence that is not sensitive and that has been publicly released by the initiating member of Congress or Congressional Committee will be released by the NRC with, and under the same time schedule as, the outgoing Commission response to the Congressional correspondence. If the incoming Congressional correspondence does not require a Commission response, it will be released by the NRC only after the initiating member of Congress or Congressional Committee has publicly released the correspondence. In response to a request submitted under the Freedom of Information Act, prior to releasing incoming Congressional correspondence that has not been previously released in accordance with this paragraph, the NRC will consult with the initiating member of Congress or Congressional Committee. However, if the incoming correspondence is an ex parte communication as defined by the Commissions Rules of Practice (10 CFR 2.347), the incoming letter, regardless of the source, and any response thereto will be served on the participants to the proceeding and made public on the Electronic Hearing Docket, provided the incoming correspondence or response do not contain sensitive information. (See Section 1.f, Ex Parte Communications under Guidelines for Commission Response later in this chapter.)

GUIDELINES FOR COMMISSION RESPONSE

1. Action Assigned by the Office of the Secretary
a. Action Office Depending upon the subject matter and the issues addressed in the incoming letter, the responsibility for preparing an appropriate response will be assigned to the Chairman, Executive Director for Operations (EDO), or Director of a Commission level office.
b. Action Assignment Sheet A customized action assignment sheet is produced for each incoming letter containing such information as the author, date of the letter, subject matter, date logged, and due date along with a specific control number for tracking.

All incoming correspondence addressed to the Chairman or Commission is initially reviewed by the Office of the Secretary in coordination with the Office of the Chairman, as necessary, to determine whether the response October 8, 2019 Chapter V - Page 2

CHAPTER V - INSTITUTIONAL CORRESPONDENCE October 8, 2019 Chapter V - Page 3