ML19309H437

Annual Rept for 1979 on Administration of Govt in Sunshine Act of 1976

ML19309H437
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Issue date:	12/31/1979
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80osia026.5 O

ANNUAL REPORT FOR 1979 ON ADMINISTRATION OF GOVERNMENT IN THE SUNSHINE ACT OF 1976 Ag;sc>*"*%;

j 1

THIS DOCUMENT C0tlTAINS POOR QUAUTY PAGES UNITED STATES NUCLEAR REGULATORY COMMISSION

TABLE OF CONTENTS PAGE 1.

Agency Reporting................................................

l 2.

Yea r Bei ng Repo rted.............................................

1 3.

Total Number of Meetings........................................

1 4.

Reasons for Closing Meetings....................................

1 Budget Meetings............................................

2 Congressional Tes timony Meetings...........................

2 Briefings by Agency Staff..................................

2 5.

Desc ri pti on o f Li ti ga ti on.......................................

3 6.

No ta t i o n Vo ti n g.................................................

3 7.

Public 0bservation..............................................

3 8.

Pu bl i c No t i c e..................................................

4 9.

P u bl i c I n te re s t.................................................

5 10.

Rel ea s i n g o f Mee ti n g Re co rds....................................

6 11.

R e q ue s ts to 0 p e n................................................

7 12.

Fo rma l Compl a i n ts...............................................

7 13.

Ex Parte Communications.........................................

8

14. Ad d i ti o n a l I n fo rma ti o n... <......................................

8 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 - n%C Regulations as Amended Implementing the Sunshine Act APPENDIX E - NRC Ex Parte and Separation of Functions Regulations APPENDIX F - Sample Page of Index l

1

ANNUAL REPORT GOVERNMENT IN THE SUNSHINE ACT 1.

AGENCY NAME:

U.S. Nuclear Regulatory Commission 2.

CALENDAR YEAR: 1979 3.

MEETINGS:

(See definitions in Appendix A)

A.

Total Number of Open.......................... 234 (68%)

8.

Total Number of Closed........................

110 (32%)

C.

Total Number of Partially Closed...............

1 1

1 Total Number of Meetings................. 345 i

The above meetings are counted by the number of items discussed as described in the Appendix.

The same number of items counted by the method used by Common Cause are as follows:

D.

Total Sesetons Open.......................... 119 E.

Total Sessions Closed.........................

57

)

F.

Total Sessions Partially Closed...............

36 Total Number of Sessions.................

212 Throughout this report, meeting numbers quoted are counts of individual items.

4.

REASONS FOR CLOSING OR PARTIALLY CLOSING MEETINGS A.

Exemption 1...................................

22 Exemption 6...................................

37 Exemption 9...................................

26 Exemption 10..................................

11 Exemption 1, 3, 4, and 7.......................

1 Exemption 5, 6, and 9..........................

9 Exemption 1, 7, and 9..........................

1 l

Exemption 2 and 6................'..............

4 TOTAL.....................

111 i

I

1 l

1 2

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:

I (1) Budget meetings.

Presentations by NRC staff on budgetary matters, including initial presentations on staff recomended i

budget levels, are generally held in open session.

Markup and recall sessions of the Comission are closed under Exemption 9.

During these closed sessions, the i

Ccmmission 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 Comission 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 Comission's policy is to release transcripts of these closed meetings after the Comission's appropriations become law. A full description of the release policy is contained in Section

_10 below.

In 1979, 11 budget meetings were held in open session and six meetings were held in closed session (Exemption 9).

Transcripts of the open meetings are in the Public Document Room (PDR) and those for the six closed meetings will be released to the PDR when NRC FY 1981 appropriation has been approved.

In accordance with this policy, transcripts of all closed budget meetings held in 1977 and 1978 are currently available in the PDR.

(2) Meetings at which Congressional testimony is discussed.

The Comission believes that, in appropriate circumstances, Exemptun 9(B) of the Sushine Act may properly be employed to close Commission meetings dealing with testimony to be given to Congress or options to be followed in negotiations on pending legislation.

During 1979, the Commission voted to close three of the five meetings held for the purpose of discussing Congressional testimony.

(Transcripts of two of the closed meetings have been released; the third is in review for possible release).

(3) Briefings of agency members by NRC staff.

All briefings by NRC staff of a quorum of the Commission are considered to be the conduct of official Commission business and are therefore treated as meetings under provisions of the Act.

Of the total of 345 meetings held in 1979, there were approximately 221 staff briefings; 174 were held in public session and 47 were in closed session.

Of the closed sessions,10 were closed or partially closed under Exemption 1 since classified information was integral to the discussion; 10 were closed under Exemption 10 for the discussion of cases in formal adjudication; and the remainder were closed under other exemptions, primarily Exemption 9.

i 3

Copies of viewgraphs and principal staff papers are provided to the public at open briefings and placed in the Public Document Room after the briefing along with a verbatim transcript.

Meeting records of closed briefings are reviewed for retention / release as described in Section 10 below.

~

5.

DESCRIPTION OF LITIGATION.

No litigation was i'nitiated against the Commission in 1979.

6.

NOTATION VOTING.

Two types of notation voting are used:

First, notation voting is utilized to obtain decisions on agency business which, by nature, does not require detailed discussion among the Comissioners, but nevertheless requires formal vote in an open meeting, pursuant to Section 201(a)(1) of the Energy Reorganization Act. 42 U.S.C. 5841(a)(1).

These meetings are treated as regular Sunshine meetings i.e., announced, transcribed, papers given to the public.

Examples of matters which are handled in this manner are:

appointments and reappointments to advisory comittees, delegations of authority, certain security clearances, FOIA appeals, rule changes, responses to certain petitions, review of ALAB decisions, and residual administrative action on policy matters when the substance of the issue has been previously discussed in a Comission meeting.

Second, the Comission employs procedures under which individual Commissioners are given an opportunity to coment on and approve staff actions in writing to the Secretary.

Typical examples include responses to Congress on GA0 reports, contract awards, agreements with foreign governments or Executive Branch agencies, outgoing Comission correspondence, and notation of actions being taken or about to be taken under delegations of authority to the staff.

7.

PUBLIC OBSERVATION.

The Comission has continued its policy of providing meaningful public observation and understanding of open meetings through the following measures:

A.

The Comission'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.

4 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.

C.

Copies of the principal staff papers scheduled to be considered at the meeting are also provided to public attendees in the conference room.

These papers are also placed in the Public Document Room at the conclusion of the meeting, along with viewgraphs and other material handed out at the meeting.

Additionally, copies of other papers referenced at the meeting are normally released.

During 1979, 227 meeting-related documents were released.

D.

Public attendees are permitted to tape record Commission discussions of open meetings.

E.

Transcripts are taken of all open Commission meetings.

These are unofficial transcripts which are not edited by the Commissioners 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 235 open meetings and briefings in 1979 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 j

items, general rules for public conduct at Commission meetings, and sources of additional information on the Commission and its meetings.

G.

A list of abbreviations and acronyms has been placed in the Public Document Room to ft.-+har help the public in understanding the many technical terms cisc - ed in Commission papers.

H.

It is the Commission's practice :o allow camera and television i

coverage of open meetings and briefings without prior notification.

l Coverage has been extensive since the accident at the Three Mile Island Nuclear Power Plant.

The use of cameras, including television coverage, at open licensing proceedings conducted by NRC's licensing and appeal boards is also permitted.

8.

PUBLIC NOTICE.

Each meeting is publicly announced by the methods listed below.

A.

Publishing in the Federal Register the time, date 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.

1

S 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.

C.

Mailing a copy of the announcement to those persons on a mailing list maintained for that purpose (currently over 100 names and addresses) at the time it is sent to the Federal Register.

D.

Submittal of a copy of the Federal Register Notice to 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 public meetings of high public interest are scheduled with less than a week's notice.

F.

Use of an automatic telephone answering service which provides daily information on the schedule of Commission meetings. At a later date, this service may be extended to a toll-free (800) number.

l Appendix C contains a tabulation of the number of days notice for NRC meetings.

In sumary, well over half of the 1979 meetings (197 of 345 or 57 percent) were announced with seven or mere days notice.

The remaining meetings (82 open and 66 closed) were announced with less than seven days notice.

The Commission is sensitive to the large number of short notice meetings.

However, the Commission continues to be faced with the need ta consider urgent operational problems in a timely manner.

Events pertaining directly to TMI and the generic health & safety issues resalting therefrom have increased the frequency of short notice meetings in 1979 and continuing in 1980.

9.

PUBLIC INTEREST.

The Commission, in adopting its Sunshine regulations, explained how it would employ the public interest criterion in exercising agency

)

discretion to open meetings when an exemption is e.vailable:

"Section 9.104(a) of the rules, like the proposals of several other agencies, gives presumptive but not conclusive force to the determination that an exemption is available in deciding the public interest question.

The fact that a meetira does come within a specific provision of 59.104(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 adequate 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 Fed. Reg.12876 (March 7,1977) j i

l

6 In the implementation of its rules, the Commission calls upon the staff to consider the public interest factors in any recommendations to the Comission for closed meeting discussions.

The Comissioners review staff's recommendations for closed meetings, consider the advice of the General Counsel as to whether the item is properly closeable, sand 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 meeting.

10.

RELEASING OF TRANSCRIPTS, RECORDINGS AND MINUTES OF CLOSED MEETINGS.

A.

The policy of the Commission is to make available to the public the record of all meetings except for such items of discussion as the agency detennines to contain information which may be withheld under the provisions of Section 552b(c),

the Government in the Sunshine Act.

To insure that the maximum amount of information is released, the Comission requires three independent levels of review. An initial review is' performed by the staff office which was the proponent of the briefing or discussion.

The second review is accomplished by the Office of the General Counsel. Finally, the Comissioners themselves review the record and make the final determination regarding public disclosure.

Comission procedures also provide for continuing 18 month reviews of meeting records to further ensure that material is released to the public as changing conditions permit.

The review process has resulted in the release of 193 transcripts to the Comission's Public Document Room since the enactment of the Sunshine Act.

The Comission has a separate procedure for the records of closed Adjudicatory meetings which normally consist of long form minutes.

These are reviewed by the Office of the General Counsel and by the Commissioners on an annual basis to determine whether the bases for the initial withholding action continue to apply.

The minutes of all closed adjudicatory sessions held in 1977 and 1978 except one have been released to the Public Document Room.

Examination of the 1979 records will be initiated in May,1980 by the General Counsel.

From time to time, the Commissioners will vote at the conclusion of a closed meeting to withhold the record.

These situations exist when the subject matter is extremely sensitive and it is very apparent to the assembly that no portion of the record is separable and releasable.

In those situations, the initial review process does not take place; however, participants are requested to review their decisions at intervals of 18 months thereafter.

i i

7 B.

Index Systems and Tabulation of Requests for Transcripts, j

Recordings and Minutes (0 pen and Closed)

~

i The Nuclear Regulatory Comission indexes and abstracts all documents placed in the PDR including transcripts of open and closed meetings and meeting summaries. A daily accession t

listing of this material, with monthly cumulations, is made publicly available in the Commission's Public Document Reading Ro6ir, 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 1979 is estimated at 4,600; of these, about 50% were requests for TMI-2 related documents.

The number of dccuments reproduced for the public is estimated at 2,500, of waich an estimated 85-90% were for TMI-2 related documents.

All requests for these documents are handled as a part of the normal service in the POR, normally within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br />.

This is a very small fraction (less than 4%) of all documents requested by the public through the PDR.

During 1979, NRC received nine F0IA requests for a total of 37 transcripts of closed meetings. Of these, one request was granted, seven were granted in part, and one was denied.

l 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 Comission.

The average time from date received to date responded was 39 days.

This length of time was required due to the need to transcribe and then review the material requested.

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 Comission to reconsider its decision to close a meeting by filing a petition for reconsideracion.

Any such petition must

~

specifically state the grounds on which the petitioner believes the Comission decision is erroneous, and the public interest in opening the meeting. All requests, formal or informal, are referred to the 4

Comission for decision.

Filing such a petition does not automatically act to stay the effectiveness of the Comission decision or to postpone the meeting in question.

(No requests were received in 1979.)

12.

FORMAL COMPLAINTS.

No formal complaints were received in 1979 on NRC's Sunshine procedures and practices.

i

8 13.

EX PARTE COMMUNICATIONS.

A copy of the current ex parte and separation of functions regulations (10 CFR 2.719 and 2.78FT are attached at Appendix E.

The Cbmmission has published proposed revisions to these regulations (March 7, 1979 F_ederal Register) which were technical changes intended to bring NRC's rules into greater conformity with the Administrative Procedures Act; these technical changes have not been acted on finally by the Connission.

The Commissic.1 is currently considering the possibility of proposing substantive changes in its ex parte rules which would allow more cpntact between the Commission and the staff.

If the Commission proposes these substantive changes, it will proceed with a public rulemaking.

14.

ADDITIONAL INFORMATION.

This report was prepared in the Office of the Secretary, U.S.

Nuclear Regulatory Commission.

Comments or inquiries on this report or related matters are invited and should be addressed to:

Office of the Secretary Nuclea Regulatory Commission 1717 H Street, N.W.

Washington, D.C.

20555 Telaphone 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 Notice D.

NRC Regulations as Amended Implementing the Sunshine Act E.

NRC Ex Parte and Separation of Functions Regulations F.

Sample Page of Index (Sec.10)

\\

s

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 health and safety through the licersing and regulation of the uses of nuclear materials.

The l

Commission is requieed by the Energy Reorganization Act to take action only through meetings.

Section 201(a)(1) of the Act, 42 U.S.C. 5841(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 l

Commissioner in its decision making activities.

Commission meetings are therefore generally scheduled at times when all Commissioners can be present so that each may participate in and contribute to the deliberations.

getingsDefinedbySunshineAct 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 Commissioners 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 Sunshine Act.

A complete definition of the term " meeting" is contained in Section 9.101 of NRC's Sunshine Regulations (Appendix D).

For purposes of tabulating meetings in this report, each agenda item scheduled for discussion or briefing is counted as a meeting.

Each session at which one or more Commission Papers were scheduled for affirmation under the limited notation voting procedure described elsewhere is counted as a meeting.

In order to make statistics comparable, page one includes counts of meeting statistics reported using the above definition, and also using the " Common Cause method." The latter method counts as one meeting a single meeting, whether that meeting lasts one hour or one day and irrespective of the number of agenda items considered.

i

d APPENDIX B TABULATION OF OPEN AND CLOSED MEETINGS BY MONTH CY 79 OPEN CLOSED OPEN/ CLOSED TOTAL Jan (NRC) 13 3

16 (CC) 6 3

9 27 Feb (NRC) 19 8

(CC) 10 3

2 15 Mar (NRC) 19 9

0 28 (CC) 10 5

3 18 Apr (NRC) 17 25 0

42 (CC) 8 14 6

27 May (NRC) 33 7

1 41 (CC) 17 1

5 23 Jun (NRC 27 14 0

41 (CC) 10 8

5 23 Jul (NRC) 29 7

0' 36 (CC) 16 5

2 23 Aug (NRC) 12 7

0 19 (CC) 7 4

2 13 Sep (NRC) 15 10 0

25 (CC) 8 5

2 15 Oct (NRC) 20 10 0

30 (CC) 7 2

7 16 Nov (NRC) 14 5

0 19 (CC) 8 3

1 12 Dec (NRC) 16 5

0 21 (CC) 12 5

0 17 GRAND TOTAL (NRC) 234(68%)

130 (32%)

1 345 (CC) 119 (57%)

57 (27%)

36 (16%)

212 "CC" = Common Cause method of counting (See Appendix A)

APPENDIX C TABULATION OF MEETINGS BY DAYS NOTICE DAYS NOTICE OPEN CLOSED CLOSED /0 PEN TOTAL

~

12 or more 2

2 4

6 11 3

3 7

10 6

1 16 9

14 2

44 8

30 14 120 7

97 23 197 Subtotal 152 4_5 5

13 6

7 6

13 5

9 4

7 4

3 4

3 3

3 0

11 2

8 3

1 17 6

1 24 Less than 1 35 42 0

77 Subtotal 82 65 1

148 GRAND TOTAL 234 110 1

345 9

PART 9 o PUBLIC RECORDS APPENDIX D Subpart C-- Ctvimment in the Sunshine to public observation.-

42 U.S.C. Sec. 2011 et seg, c.nd th2 En-

~

ergy Reorgtnizatirn Act cf 1974, as i

Act R:gutti:ns E 9.103 Ceneret provisions.

amended. 42 U S C. Sec. 5801 et reo or 2

'P*

• P*"*

The Secretary shan ensure that aH information which if written would be This sub; art prescribes procedures

,open Commission meetings are held in a contained in such records, but only to j

pursuant to shich NRC meetings shall location such that there is reasonable the extent that the production of such be open to public observatien pursuant to space, and _ adequate visibility and acous-records or information would (1) inter-the provistor.s of 5 U.S.C. Sec. 552b. This tics. for public observation. No additicnal fere with enforcement proceedings. (u) subpart does'not afect the procedures $ right to participate in Commission meet-deortve a person of a rieht to a fair pursuant to which NRC records are made g ings is granted to any person by this sub-trial or an impartial adjudication. (11D pan. An open muung is not pan M the consumte an unwananted invasion of available to the pub 11c for inspection and c: formal or informal record of decision of personal privacy. (17) disclose the Iden-copying which remain governed by sub*

• the matters fitscussed therein except as tity of a confidential source and. in the part A. except that the exemptions set, othe19 rise required by law. Statements of case of a record comoiled by a criminal 1 orth in j 9.104f as shan gover in the case views or expressions of opinion made by law enforcement authority in the course of any request usade pursuant to 19.8 Commissioners or NRC employees at open of a criminal investigation, or by an meetings are mot intended to represent agency conducting a lawful national se-to copy or inspect the transcripts, record-Aa1.detmninaums w benefs.

curity intelligence investigation, cons.

ings or minutes described in i 9.108.

uch staternenta Inay n be dential information furnished only.by I

Access to documents considered at NRC g

g meetings shan continue,to be governed k e C vestifawe 1q an edures.

l iss!

or in any roce. edin by subpart A of this Part.

[ under part 2 of.these regulations (10" (vil endanger the l'fe or physica1 safety.

a CFR part 2) except as the Commission of.la, enforcement personnel; w

6 9.101 DeSalileas.

As used in this subpart:

Me b;ei's ~oTlhip'ublic attend.

)

ose inic.rmation the premature sa) " Commission means the coDettal f ing open Commtmafon meetings may disclosure of which would be likely to body of five Commissioners or a quwunt ii use small electronic sound recorders to significantly~ frustrate implementation of thereof as provided by section 201 of the y record the meeting. but the use of a proposed Commiaton action, except Energy Reorganization Act cf 1974, or that this subparagraph shall not apply in any subdivision of that collegial body au m other electronic recording equipment any instance where the Commission has therized to act on its behalf, arid shan not

• and cameras requires the advance a

Written approval of the Secretary.

already disclosed to the pubile the con-tent or nature of its proposed action. or of$a 6 9.104 Closed meetings, 1

1 y

ib) "Commissiope'r" tucans an indi-(a) Except where the Commission su h ur on its own 1 UV vidual who is a member of the Commis-finds, that the public interest requires prior to taking final action on such pro-sien.

otherwise. Commtulon meetings shall be posal; or l

f c) " Meeting" means the deneerations closed, and the requirements of Il 9.105 (10) specificaHy concern the Commis-I of at least a quorum of Commissioners and 9.107 shan not apply to any infor-ston's issuance of a subpoena, or the where such deliberations determine or mation pertaining to such meeting other-Commtemion's participation in a civil wise required by this subpart to be dis N [

result in the joint cond0ct or disposition N of o!5cial Commission business, but does closed to the public, where the Commis N g before a t o fed slon determines in accordance with the N not include deliberations required or per-procedures of I 9.105 that opening such " 1strative agency, an action in a foreign mitted by Il 9.105. 9.106, or I 9.108(c),

f gatherings of a social or ce emonial nat-meetings or portions thereof or disclos E cout or international tribunal, or an arbarsuon, w the inmauon. conduct w ure, or briefings of the Commission by ing such information. is likely to:.

N representatives of other agencies or de-(1) Disclose matters that are (D spe. e disposma by the Commiuton M a W-N*

ucular case M fwmal anney acudica-partments of the United States govern-cifically authorized unter criteria es-tion pursuant to 5 U.S.C. Sec. 554 or ment, or representatives of foreign gov-tab 11shed by an Executive order to be otherwise involving a determination on ernments or international bodies where kept secret in the interests of national the reewd ader an oppwtunity fw a such briefings or discussions tre informa-defense or foreign policy, and (H) in hearing pursuant to part 2 or ammar tional in nature and are not conducted fact properly classidad purs tant to such provisions, with specific reference to any particular Executive order; (b) Examples of situations in which (2) Relate solely to the internal per-Commisslan actiors may be deemed to be matter then pending before the Commis-g sien.

sonnel rules and practices of the Com-signiacanuy frustrated are (1) If open-(d) " Closed meeting" means a meeting g mission:

ing any Commtuten meeting or negotia-of the Commiulon closed to public ob-g (3).Ditclose matters specificany ex-tions would be likely to disclose infor-I

- empted from disclosure by statute (other mattorrprovided or requests made to the servation as provided by I 9.104.

te) "Open meeting" means a meeting c: than S U.S.C. Sece 552) provided thag Co-nmtanton in confidence by persons of the Commission open to public ob-$ such statute (D requires that the mat-outside the Commission and which would servauon pursuant to this subpart.

e ters be withheld from the pub!!c in such not have been provided or made other-(

(f) " Secretary" means the Secretary a manner as to leave no discretion on the issur. or (ID establishes particular wise: (2) if opening aeseung or dis-to the Commission.

closing any informauou would reveal, I

(g) " General Counse!" means the Gen-criteria for withholding or refers to par, eral Counsel of the C=mtuirm as siro-Ucular types of matters to be withheld:

legal or other poucy advice, public knowledge of which could substantiany vided by section 25(b)'of the Atomic En-(4) disclose trade secrets and com-affect the outcorne or conduct of pend-ergy Act of 1954'and section 201(f) of mercial or financial information ob.

the Energy Reorganization Act of 1974, tained from a person and privileged.r ing or reasonably anticipated litigauon and, untu such time as the o:Eces of that confidential. including such information or negotiations: or (3) if opening any as defined in i 2.790( D of this title; meeting or disclosing any information otSeer are in the same location as those of

--MHC"^!-- -~~'a{r.any_ person of a would reveal information requested by or the C== t=* any member of his of5cr tes mnw or proposals to be given to n

specially designated in writtag by him crime, unposing a civil penalty on any pursuant to this subsection to carry.out person pursuant to 42 U.S.C. Sec. 2282 or other agencies of government. including his responsibulues tmder this subpart.

42 U.S.C. Sec. 5846, or any revocation of the Congress and the Executive Branch any lleense pursuant to 42 U.S.C. Sec.

before the; requesting agency would re-

$ 9.102 Ceneral.

- - - t.

2236. or formmHT censuring any person:

ceive the information, testimony or pro-Commissioners'shan not jointly con-

-(6) Ptedaan information of a personal posals. The examoles in the above sen-duct or disposa of Commission bn#aaam nature where such disclosure would con-tence are for illustrative purposes only in Commission meeungs other than la stitute artlearly unwarranted invasion of and are not intended to be exhausure.

sccordance with this subpart. Except as personalprivacy;

$ 9.105 Co -- ^ "- "--"

provided in i 9.104. every portion of every (7) disclose investigatory reports com-(a) Ac'tton under I 9.104 shan be taken meeting of the Cowminainn shan.be open piled for law enforcement purposes. in.

cluding specificaHy enforcement of the Atomic Energy Act of 1954, as ameeded.

9 11 September 1,1978

PART 9 o PUBLIC RECORDS l

l on!y'st.e. a maior'ty cf the entire me=.

t*. the closing or op'ning of the meet-cf paragraph (a) er (b) c! this sectitn e

~

bership cf the CC=missien votes to take

'.g. The filing cf such a petition shall shall be taken only when the Ccmmis-l such attan A secarste vote of the Ct=-

rot se* to stay the e!! activeness of the sion finds that the public interest in mis *1er.ers shsit be taken with res:ect to po==ission actics or to r ostpone or de-prompt Commission action or the need j

each CCmmis4cn meeting a portion or sy *.he meett.r *.s cuastion unless the l

portions cf whl h tre proco*ed to be Commission orders otherwise, to protect the common defense or secu-rity or to Wect the pum heah w J

clomed 13 the eublic pursuant to I 9.104.

I 9.107 Publie-anneencement of Coen-safety overrides the pubtle interest in cr with resDect to any information wh!ch miulon mdass.

is propo*ed to be sithhe'd under 4 9.105 having fun prior notice of Commission

]

(c). A single vote may be taken with re-fa) In the case of each meeting, the

,,,ggag,,

spect 13 a series of meetings. a portion Secretary sha!! =ake public announce-j

)

or portitns of whleh are rrvoved to be

=ent, at least one week before the meet.

3 9.108 Certincation. tron.cripts.

re.

"8* *" " " " *

• 3 closrd to the pub!17. or with respect to ing. cf the time place, and subject

{

any infctmat!:n concerning such se.'ss

. sttu of the mee*.ing, whether it is to be (a) For every meeting ciceed pursuant cf meetings. so long as each meeting in

,~ pen or closed to the public, and the f9 i

an or tl auch series involves the same patticular name and phone number of the omclat pursuant to subsection 9.106(c). the i

ntatters and is scheduled to be held no designated by the Commtamian to respond General Counsel shall publicly certify at more than thirty days after the initial

• 2 requests for information about the the time of the public announcement of meeting in su:h series. *Ihe vote of each meeting. Such a nouncement shall be the meeting. or if there is no public an-Commissioner participat!=g in such vote made unless a maf ority of the memben of nouncemen't at the earliest practical shr.H be recorded and no proxies shall,be the Ccmmission determines by a recorded time that. in his or her opinion the i

adowed.

vote that Commisic,n business requires meting may be closed to the public and j

(bl W! thin one day of any vote taken that aJch meeting be called at an earlier shan state each relevant exemptive pro-pursusnt to paragraph #1) of this sec-liate in which esse the Secretary shall - vision unless the Commission votes pur-l tion.19106(as or I 9.10g'c) the Secre-make public anncuneement of the time, suant to I 9.105(c) that such certinca.

tary,sha'l make pub!!cly avaFab:e in the p: ace and subfect matter of such meeting' tion is protected against disclosure by Public Document Roem a written copy of and whether cpen or closed to the public, t 9.100a). A copy of such cert 18 cation.

such vo.e re".ecting the v !e of each at the earliest practical time, together with a statement from the pre-j member on the question. If a portion of a

'bt The time or place of a meeting siding OScer of the meeting setting forth

'necting is to be closed to the public, the may be c; hanged ic11owing the public the time and place of the meeting, and Secretary thau, athin one day of the announcement required by paragraph the persons present. shall be retained by vote taken pursuant to paragraph (a)

a. of this section only if the Secretary the Commission. The Commission shall i

of this section or I 9.106f al. make pub-public*y announces such changes at the maintain a complete transcript or elec.

licly available in the Pub 11: Document ear!!est practicable time. The subject tronic recording adequate to record fully Poom a fu3 written explanation of its matter of a meettng. or the determina*

the proceedings of each meeting or por-action closing the portion together with

-ton of the Commission to open or c!cse tion of a meeting c!csed to the put-It'. ex-a list of all persens expected to attend a meeting. or pcrtion of a meeting, to cent that in the case of a me:t:nt. cr por-the meeting and their af"11ation.

the public may be changed following tion of a meeting, closed to the public f cI The notices and lista required by the public announcement required by g paragraph (b) of this section to be made f this subsection only if (1) a majority of E pursuant to paragraph (10) of 5 9.104 c) the Cnmmission shan maintain such a 4 pub!!c mav be withheld from the pub 11: 2 the entire membership of the Commis- ! transcript or recording or a set of min-

~~

c to the extent that the Commiulon deter. "

a: mines that such information itself would " sion determines by a recorded vote that g utes.Such minutes shall fully and clearly Commission business sorequires and that u describe all matters discussed and shall

• be protected against disclosure by I 9.104 c no earlier announcement of the change Q provide a full and accurate summary of 7 (46. Any such determinations shall be ' 1 ras possible. and (2) the Secretary pub-any actions taken, and the reasons mtde independently of the Commission's licly announces such change and the vote therefor. including a description of each artermination pursuant to paragraph is) of each member upon such change at of t.he views expressed on any item and of this section to close a meeting, but in the earliest practicable time.

the record of any rollcau vote treflecting accordance with the procedure of that ic) Immediatelv following each public the vote of each Commissioner on the subsectitn. Any such determination in-announcement required by this section.

question). All documents' considered in riuding a written explanation for the notice of the time. place. and subject connection with any action shall be iden-na!!on and the s~ectSe provision or pro

• matter of a meeting. whether the meet.

tified in such minutes.'

visions of I 9.1048a) relied upon. must ing is open or closed, ant change in one ibe The Commis-in shall m* '.-

be made publialv available to the extent cf the preceding. and the name and promptiv available to the public. in the perm:tted by the circumstances.

phene number of the ofBcial designated Public Dccument Room. the transcript.

g 9.104 Per.om alTeeted and motions by the Commission to rescond to requests electronic recording. or minutes tas re-for recomideration, f:r information about the meeting. shnu quired by paragraph 8a) of this sections also be submitted for publicatien fn tbe of the discussion of any item cn the ta i M.enever any person whose inter-

• r ran RaczstrE agenda. or of any item of the testimony ests may be directly affected by a por-id e The rublic $Lnnouncement required of any witness received at the mecting, tion of a meeting requests that the Com-mission close such portion to the public by paragraph (a* of this section shan except for such item or items of such j

consist of the Secretary.

dhcussion or testimony as the Commis-for any of the reasons referred to in e D publicly porting a' copy of the docu.

sion determines pursuant to paragraph p2r: graph ($1,861, or (7) of I 9.104, the ment in the Public Document Room ag (c) of this section to contain informa-Commission, upon request of any one C.

tion which may be withheld under ! 9104 Commissiocer, shan vote by recorded 1717 H Street..V W Washington. D[th]

or I 9.105(c). Copies of such transcript.

Me vote whether to close such meeting.

or minutes, or a transcription of such re-y 8bt Any person may petition the Com.

C copy to au persons whose cording disc!ceing the identity of each mission to reconsider its action under I

I 9.105's' or parseraph (a) of this sec.

names are on a mailing list maintained sperk!r shall be furnished to any person upon payment of the actual cott o. du-tisn by filing a petition for reconsiders.

for this purpose.

tion with the Commission within seven (3b submitting a copy for possible plication or transcription as provided in 5 9.14. The Secretary shall maintain a days after the date,of such action and publication to at least two newspapers complete verbatim copy of the transcript, befcre the meeting in question is held.

of general circulation in the Washing-a complete copy of the minutes. or a

'c) A petition f *econsideration filed ton.D.C.metropoHtan ares, complete electronic recortilng of each phrsuar.t to paraWh (b) of this sec.

84) any other means which the Sec-meeting. or portion of a meeting. closed tion shaft state spectScally the grounds retary believes w!D serve to further in.

to the pub!!c.for a period of at least two on which the Commission action is form any persons who might be inter-years after such meetmg. or until one claimed to.he erroneous, and shall set

erted, year after the conclusion of any Com.

L i

forth. if athropriate, the public interent 8ei Action under the second Pentence mission pro *eedt!:c With FCVf tt to which 9

l September 1,1978 9 12 l'

~.

~

PART 9 o PUBLIC RECORDS the meeting or portion was held, which-Les er occurs uter.

ece In the case of any meethig closed purauant to I 9.104, as the last item of business. the Commission shall deter-mine ahich,if any, portions of the elec-R tronic recording, transcript or minutes X and which,11 any, items of information

• withheld pursuant to I 9.105fe) con-8 tain information which should be with.

n held pursuant to I 9.1041 provided how-

' ocr. that should the Commission not make such determmationsimmediately following an> such closed meetmg.the Secretary of the Commmion.' upon the advice of the Office of the GeneralCounsel and after consulting with the Commission,shall make such

_determmations.

~

~* tdl If at some later time the Commis-sion determines that, there is no further justlecation for withholding any trans-script. recording or other item of infor-m-tion frem the public which has pre-viously been withheld. then such infor-m; tion shMI be made avaliable.

O a.109 Re mrt to Constees.

R The Secretary shall annually report to g tha Congre!s reTardine the Commission's

- comp' lance with the Government in the

Sunshine Act, including a tabulation of

',' the tota! number of open meetings, the

• total number of closed meetmas, the reasons for closing such meetings and a description of any litigation brought against the Commission pursuant to the

- Government in the Sunshine Act. Includ.

.ing any costs assessed against,the Com-mission in such litige. tion (whether or not

_ aid by the Commission).

p

' Amended 43 'R lo. 13 September 1,1978

\\

PART 2 O RULES CF PRACTICE FOR DEMESTIC LICENSING PRGCEEDINO3

~.718 P:wer of presidleg officer.

APPENDIX E 8 t2 A presiding officer has the duty to conduct a fair and impartial hearing ac.

cording to law to take appropriate ac-tion to avoid delay, and to maintain

' order. He has all powers necessary to those ends, including the powers to:

(as Administer oaths and affirma*-

tions.

(b) Issue subpoenas authorized by la w.

(c) Rule on offers of proof." and

,, receive evidence.

R (d) Order depositions to be taken.

(el Regulate the course of the hear-

@ ing and the conduct of the participants.

r,'

(f) Dispose of procedural requests or similar matt.ers.

Igi Examine witnesses.

i the Hold conferences before or dur-ing the hearing for settlement.

simplification of the issues, or any other proper purpose.

til Certify questions to the Co:nmis-sinn for its determination, either in his discretion or on direction of the Con.

rniskion.

tje Reopen a proceeding for the reception of further evidence at any time prior to initial decision.

(k) Issue initial decisions; and (Il Take any other action consistent with the Act this chapter, and sections

$51558 of title 5 of the United States Code.

t 2.719 Separation of functions.

2 (at A presiding officer shall perform g no duties inconsistent with his respon-sibilities as a presiding officer, and will not be responsible to or subject to the supervisor or direction of any officer or employee engaged in the performance of investigative or prosecuting functions.

Ibn in any adfudication the presid-ing officer may not consult any person other than a member of his staff on any fact in issue unless on notice and oppor-tunity for all parties to participate, ex-cept (II as required for the disposition of ex parte matters as authorized by law and (23 as provided in paragraph (c) of this section.

l September 1.1978 2 t9 l

~

PART 2 o RULES OF PRACTICE FOR DOMESTIC LICENSING P t*

• In a.v ad m.1:.,n d an ~mdication for the detzr.

and give testimony or produce specified

' sioners and named NRC personnel at a' application for initial documents or other things at a desig.

aentig. c:hcr than a contested pro.

nared time and place. The subpoena will hearing or on deposition may not be re.

e:de;.ne presiding officer may con.

also' advise of the quashing procedure quired by the presiding officer, by sub.

i Uh 4 ;. tne s:aff, and (21 members of the Provided in paragraph (f)of this section.

poena or otherwise: Provided. That the J parti appointed by the Commssion from (c) Unless the service of a subpoena presiding officer may, upon a showing of 3 which members 4f atomic safety and is acknowledged on its face by the wit.

exceptional circumstances, such as a case incensi::g boards are drawn: Provided, ness or is served by an officer or in which a particular named NRC

.I employee has direct personal knowledge

' eurp:v*. That in adjudications in whichemployee of the Commission. it shall be ws ans to the initial decision may be served by a person who is not a party to of a material fact not known to the wit.

taken :) the Atomic Safety and Licensing the hearir g and is not less than eighteen nesses made available by the Executive Director for Operations rer.uire the at.

Appea. Board. the presiding officer shall (18) years of age. Service of a subpoena tendance and testirrtany v nimed NRC n;t consult any member 'of the Atomic shall be made by delivery of a copy of personnel.

Sue:) and Licensing Appeal Board or the subpoena to the person named in it (ii) In addition, a party may file with a.s fa:. in h...

and tendering him the fees for one day's the presiding officer written interrogato-attendance and the mileage allowed b 3

ries to be answered by NRC personnel j

(de Escept as provided in paragraph law. When the subpoena is issued on with knowledge of the facts designated m cf t.'.is section and i 2.780(c),in any behalf of the Cort"nission, fees and n by the Executive Director for Opera.

case of adjudication, no officer or mileage need not be tendered. and the.g tions. Upon a finding by the presi e :p;oyee of the Commission who has subpoena may be served by registered ::. officer that answers to the interroga ergage in the performance of any in, mail.

(

u. ries are necessary to a proper decision in s e stigat:s e or prosecuting function in the

. d) Witnews summoned by sub. S the proceeding and that answers to the

ue if a fa:tuallv related case may par.

Poena shall be paid, by the party at 1 interrogatories are not reasonably ob.

pt:e or adsise in the initial or final,; whose instance they appear, the fees and de:isan, except as a witness or counseg a mileage paid to witnesses in the district tainable from any other source, the

a

h proceeding. Where an initial or g courts of the United States, presiding officer may require that the

} feal censir;n is stated to rest m whole or n.

(e) The person serving the subpoena (iii) No deposition of a particular staff answer the interrogatories.

i a pa e.n facror opinion obtained as a " shsil make proof of service by filing the 4

s at: nf a cor:sultation or communica.

subpoena and affidavit or acknowledge.

named NRC employee or answer to in.

at 9 aat.arizec by paragraph (c) of this ment of service with the officer before terrogatories by NRC personnel pur.

1 ie:R ? cr i 2.750tes the substance of the whom the witness is required to testify or this section shall be required before the suant to paragraphs f.h)(2)(i) and (ii) ot

drnan::ation shall be specified in the produce evidence or with the Secretary, matters in controversy in the proceeding re: >rd m the proceeding and every party Failure to make proof of service shall na;l M afforded an opportunity to con.

,not affect the validity of the service.

have been identified by order of the to.en the fact or opinion. If the parties (f) On motion made promptly,and in Commission or the presiding officer,

.as e not had an opportunity to con, any event at or before the time specified ning of the prehearing conference held pursuant to i 2.751a, or after the begin.

. tros en su:h fact or opinion prior to the in the subpoena for compliance by the a f. ling of the decision, a party may con.

person to whom the subpoena is pursuant to i 2.752 except upon leave of the presiding officer for good cause i *ros ert the fact or opinion by filing an directed, and on notice to the party at shown.

esception to the initial decision, or a whose instance the subpoena was issued C

1 :ti: ion f,r reconsideration of a final the presiding officer or. if he is unavaila (iv) The provisions ofi 2.740(c) and

~

cec:sica. :learly and con:isely setting ble, the Commission may (1) quash or (e) shall apply to interrogatories served rtt. the information or argument relied modify the subpoena ifit is unreasonable 3 pursuant to this subparagraph.

t t s:.% the contrary.

or requires evider.ce not relevant to any 2 (3) Records or documents in the matterin issue,or (2) condition denialof E custody of the Commissioners and NRC 2.*20 s ubpoenas.

the motion onjust and reasonable terms. A Personnel are available for inspec (g) On application and for good and copying or photographing pursuant On applicatron 'by any party. the cause shown, the Commission will seek to (( 2.744 and 2.790.

a hsi;.a::c preticing officer or, if he is judicial enforcement of a subpoeta O n. natlasle. tne Chairman of the issued to a party and which has not been s 2.721 Atomic safety and licensing bcie Safety and L.icensing Board quashed.

boards.

P.anei, the Chief Administrative Law Mge7 or other designated officer will I (h)(1) The provisions of paragraphs (a) The Commission or the Chair.

A:e subpoenas requiring the attendance (a) through (g) of this section are not ap.

man of the Atomic Safety and Licensing c: testimcny of witnesses or the pro.

plicable to the attendance and testimony Board Panc! may from time to time of evidence. The officer to 5 of the Commissionersor NRCpersonnel, n: tion Or: appli:ation is made msy require a jq or to the production of records or docu. 9.1 establish one or more atomic safety and mwing of general relevance of the L.ments in the custody thereof.

Ce9smg boards, each comprise:I of

surn >n) or esidence sought. and may g three members, one of whom will be

.: ahold the subpoena if such a showing I2}Ii) In a proceding in which tne c: qualified in the conduct of administra.

NRC.s a party, the NRC staff will make g tive proceedings and two of whom shall a r.ot made, but he shalj not attempt to k available one or more witnesses desig n have such technical or other cualifica.

etermine the admissibility of evidence. R nated by the Executive Director for tions as the Commission or the Chairman roI Escry subpoena will bear the f perations for oral examination at the of the Atomic Safety and Licensing

~

. O Board Panel deems appropriate to the i

.1 :e cf the Commission, the name and o hearing or on depos,ition regarding any issues to be decided, to preside in such i

• 0:e of the issuing officer and the title

• matter, not privileged, which is relevant

ne nearing. and will command the to the issues in the proceeding. The at.

proceedings for granting, suspending

me to wnom it is directed to attend, i tertdance and testimony of the Commis.

revoking, or amending licenses on

{2 authorizations as the Commission may;

{

c Seotsmber 1,1973

• 2 20

'l

.,e PART 2 o RULES OF PRACTICE FOR DOMESTIC LICENSING PROCEEDINGS

' Ex PARTE Cost >fDICATioNs D '**

l IT2Niacts omchally ndTiceu:

.I, I" )

Ex Earte communications.--

2.780 (3) The ruling on each material ex.

. - ~. -.

E"'"P'**

Pm v e s'iE (d) This section does not appfy to,

~

% ception-I*

(4) The appr priate ruling. order.or paragraph.(e) of"this section neither c o m m u n ic a tio n s authorized by 0 denial of relicf.with the effective date.

(1) Commissioners, members of thetr paragraph (c)of this section.to the dis-

{ 2.771 Petition for reconsideration..-

immediate staffs.or other NRC officials position of ex pane matters authorized and employees who advise the Com-by law, or to communications re.

(as A petition for reconsideration ot' missioners in the exercise of their quested by the Commission cocnem '

a final decision may be filed by a pan) quasijudicial functions will request or ing:

within ten (10) days afterthe date of the entenain oh~ the record except from (1) Its proprietary functions; 3, decision. No petition may be filed with each other. nor (2) any pany to a pro-(2) General health and safetf

rsspect to an initialdecision which has ceeding for the issuance, denial, problems and responsibilities of thei become final through failure to file ex*

amendment, tra n s fe r, re n e w a l.

Commission; or m

ceptions thereto.

modification, suspension, or revoca-(3) The status of proceedings.

(b ) The petition for reconsideration E tion of a licenst or permit, or any (c) in any adjudication for the shall state specifically the respects in E officer employee, representative, or determination of an application for in<

which the final decision is claimdd to E any other person directly or indirectly itial licensing, other than a contested be erroneous, the grounds of the peti

e. acting in behalf thereof, shall submit-proceeding, Commissioners, members tion, and the relief sought. Within "off the. record to Commissioners or of their immediate staffs and other NRC ten (10)*

days after a petition for such staff members. officials, and officials and employees who advise the

,e reconsideration has been filed, any employees.any evidence, explanation, A Commissioners in the exercise of thtit 1

y other pany may file an answer in op-analysis, or ad'vice, whether written or E quasi-judicial functions may consult, position to or in support of the petition.

oral, regarding any substantive matter c: the staff, and the staff may communiJ

)

m l

However, the staff may file such an at issue in a proceeding on the record $ cate with Commissioners, members oi, answer within twelve (12) days after a then pending before the NRC for the is-their immediate staffs and other NRC petition for reconsideration has been suance. denial, amendment, transfer, officials and employees who advise the

_ file d.

renewal, modification, suspension, or.

Commissioners in the exercise of their R ' (c) Neither the filing nor the grant.

revocation of a license or permit. For quasi-judicial functions.

I E ing of the petition shall stay the deci.

the purposes of this section, the term, (f) The provisions and limitations off a sion unless the Commission orders

" proceeding on the record then pend-this sect:on applicable to Commis I

% 'otherwise.

ing before the NRC" shallinclude any sioners, members of their irnmediate!

~6 2.772 Authority of the Secretary to application or matter which has been staffs, and other NRC officials andj

' Rule on Procedural Matters.

noticed for hearing or concerning employees who advise the Commis.

When briefs. motions or other papers which a hearing has been requested sioners in the exercise of their quasi-listed herein are submitted to the Com-f_ursant to this pan.

judicial functions are applicable td

. mission itself, as opposed to officers to) Copies or wntte,i communica,

members of the Atomic Safety and(

who have been delegited authority to tions covered by paragraph (a) of this:

Licensing Appeal Board, members of act for the Commission, the Secretary section shall be placed in the NRC!

their immediate staffs, and other NRC officials and employees who advise io r t h e As sis t a n t Secretary are public document room and served by!

authorized to:

the Secretary on the communicator members of the Appeal Board in the, (a ) Prescribe schedules for the fil-and the parties to the proceeding in j exercise of their quasi-judicial func 8

!ing of briefs, motions, or other plead-volved.

tio ns.

ings. where such schedules may difier (c) A Commissioner, member of his i NOTE: [ Deleted 40 FR 2973.1 from those elsewhere prescribed in immediate staff, or other NRC official

.f-

'thes. rules or where these rules do not or employee advising the Commis.

R presenbe a schedule; sioner in the exercise of their quasi-E AroMIC SAFETY AND LtCENSl'NG g

(b) Rule 'on motions for extensions judicial functions, to 'whom is at j E APPEAL Boran 0,of time; tempted any oral communication con. m y. (c) Reject motions, briefs, plead, cerning any substantive matteratissue T

proceeding on the record as i 2.785 Functions of Atomic Safeti ings, and other documents filed with ;:; in a

a P )he Commission later than the time cc described in paragraph (a)of this sec-and Licensing Appeal Boards.

prescribed by the Secretary or the *, tion,willdecline to listen to such com-l Assistant Secretary or established by " munication and will explain that,the i (a) The Commission has authorizeo.

pn order, rule, or regulation of the matter is pending for determination. Ifl Atomic Safety and Licensing Appeal, Commission unless good cause is unsuccessful in preventing such com-

,e Boards to exercise the authority and per,

s' >wn for the late filing; munication, the recipient thereof will Z form the review functions which would (d) Prescribe all procedural ar-advise the communicator that a written Eotherwise have been exercised and per.

'rangetnents relating to any oral argu-summary of the conversation will be w formed by the Commission, including

!? u't not limited to, those under {k ment to be held before the Commig,

_ delivered _to tbt_NBC public document b

_sion; room and a copy served by the Secre-2.760-2.771,2.912, and 2.913 in (l) pro.

(e)' Extend the time for the Commis-tary of the Commission on the com-ceedings on applications for licenses slon to rule on a petition for review municator and the parties to the pro-under Part 50 of this chapter and (2) g under 10 CFR 2.786(b); (f) Extend the ceeding involved. The recipient of the -

such other licensing proceedings under g time for the Commisalon to grant oral cornmunication thereupon willl the reguMions in this chapter as the g Q'2.786(

make a fair, written summary of such Commission may specify.

i an (g tend ti ei r communication and dehver such sum.

0 Commission review on its own motion of a Director's denial under 10 CFR mary to the NRC pubhc document 2.206(c).

room and serve copies thereof upon

. Amended 43 FR t7798 the communicator and the_p,a.rties,toj September 1,197s m

w

~

~

.\\

1.

12428 2

s proposedrules j

y, 1

m c*

.f sh. rtotaAt aeoisita emne. ins n.nc

e. ehe pobr.c of sh. p,.p d.

nc. of evi.

nd.#> & _Thepury ofek nc iss.

gi in

. d pm.a. en op,*un:ey e. p.,,icipe in eh. evt. in.une prio, s. eh..d ption f N fin i rules.

I FOR FURTHER INFORMATION FOR FURTHER INFORMATION

[3410.ct-M]

CONTACT:

CONTACI':

DEPARTMENT OF AGRICULTURE Additional information may be se-Stephen'S. Ostrach. Esq., Office of f :

cured on request, submitted to the General Counsel, U.S. Nuclear 1

N 'U"' I*"Y Weldon V. Barton, Director, Office Regulatory Commission Washing-

[F CPn Porf 2900) of Energy, Department of Agricul-ton, D.C. 20555, (202) 634-3224.

i ture. (202) 447-2455.

SUPPLEMENTARY INFORMATION:

E55ENTIAL AGalCULTUaAt U535 Of NATURAt SUPPTnrFNTARY INFORMATION: These proposed amendments have two Comments are particularly invited primary purposes. They are designed j

OAs from State and local agencies which to adapt the Commission's ruleo to the j

~

are authorised to develop and enforce terminology of the Government in the

'1 Av.HebiUty.f Dr.ft :.E -- - d imp sf environmental standards and from Sunshine Act and they are also de-

{

Federal agencies having jurisdiction signed to codify the practices the.

s,.,,,,

AGENCY: Office of the Secretary, by law or spedu expertise with re-Commluton now employs in its adjudi-spect to any emironmentalimpact in-catory proceedings with regard to cz 4

USDA.

volved from which comments have not parte communications.

ACTION: Notice of availability of been requested specifically.

Both the separation of functions i

i draf t emtronmental impact statement Copies of the OE Draft Environmen-regulation, f 2.719. and the er parte and request for comments.

tal Impact Statement have been sent regulation. I2.780, are based on the

SUMMARY

Notice is hereby given to various Federal. State and local concept of "Commfuton adjudicatory l that the Office of Energy (OE) has stencies, as outuned in the Council of employees.** This term is new, but the i

prepared a Draft Environmental Environmental Quality guidelines.

principle it represents is embodied in 1

the present regulations. It is intended Impact Statement (DEIS) in accord.

Dated at Washington, D.C. this 27th o in de an of hse em@yees who ;

i ance with Section 102(2)(c) of the Na-day of February 1979*

participate in the tnaktng of the Com. - l tional Environmental Poucy Act of WE. don V. BAaros, mission's (or the subordinate adjudica-t 1969 (NEPA) in connection with the Director, O// ice ofEnerpy.

tory panels *) decisions in adjudicatory ;

proposed rule by the Secretary of Ag-rieulture to certify the essential agri.

fFR Doc. 79-7106 Fued 3-4-79: 8:50 am) proceedinga, and it should be broadly 4 construed. Of course, it does not in-cultural uses of natural gas to the Sec, [7590-OI-M]

clude those people whose participation 1

retary of Energy under Section 401 of in me decWonent pmess is umb the Natural Gas Policy Act (Pub. I-NUCLEAR REGULATORY 95-621). (43 FR 54938. November 24 COMMISSION

[10 CFa Porf 21 The Commission has requested the Department of Agriculture ear-General Counsels office to examine lier prepr. red a preliminary impact autas op paACTICE the extent to which .:.-*ct communica.

I analysis of the proposed rule. In re-AOENCY: U.S. Nuclear Regulatory tions between the CommL*foners and the Commtuton staff may legally and sponse to public comment, a draft en-Commission.

drenmental impact statement has practically be employed as manage-been prepared Thich discusses the eco-ACI' ION: Proposed rule.

ment tools. In particular, the study i

nomic and environmental conse.

SUMMARY

The Commission is win examine the extent to which Com-cuences of four alternative curtail-amending its rule deaung with er missioners can, not on the record, ment plans. This statement examines parte communications and the separa-communicate with staff on issues the i= pacts on agriculture, affected tion of adjudicatory and non-adjudica-which arise in specific proceeding in industries, air quality, water quality. tory functions so that those rules will adjudication without violating the ez and blological resources.

setord Mth the Government in the parte provisions of the Artminf=trative DATE: Comments must be received on Sunshine Act Pub. I. No.94-409. The Procedure Act and without violating substance of the proposed rules is the " hearing" requirement of the or before April 23,1979.

largely unchanged from the Commis-Atomic Energy Act. This study, which ADDRESS: Send comments to: Direc-sion's current rules and practices in is now. scheduled to be completed in l

tor. Office of Energy, U.S. Department the areas involved.

approximately two months, may lead to recommendations for modification of Agriculture. Room 226-E. Artminis-DATE Comments must be received on of the regulations proposed below or tration Building.12th and Indepen-or before April 23,1979*

for other modifications in the Com-dence Ave S.W., Washington. D.C.

20250. The Draft Environmental ADDRESSES: Written comments mission's current regulations and prac-Impact Statement may be examined should be submitted to the Secretary tices. Public comment on the issue of during regular business hours at the of the Comminion. U.S. Nuclear Reg-such communications may be made i"

Office of Energy in the South Agricul-ulatory Cornmi.uion. Washington, D.C.

now or may be made after the General ture Buuding.12th Street and Inde. 20555. NITN: Docketing and Service Counsel's recommendations are made pendence Avenue, S.W., Washington. Branch. Copies of all comments re-pubHe.

D.C. Room 5173. Copies of the OE ceived may be examined in the Com-Proposed i2.719 is drawn from 5 DEIS may be obtained upon request to mission's Pubue Document Room at U.S.C. 554(d) and the Commissien's i

the OE st the above address.

1717 H Street, N.W., Washington, D.C.

present regulation on separation of i

l FlotaAt anots7ta. Vot. 44, NO. 44-WEONt50AY, MARCH y, NF9 v

i

l

[

PRCPOSED ltULES 12429 i

functions. Subsection (b) is designed 2.780(e) as it is presently written. The catory employees will be treated. They to prevent adjudicatory employees absence of any dispute involving the are modeled after the provisions of the from being subordinate to non.adjudi-application ensures that this proviston Sunshine Act, and also provide that. In catory employees so that no situations will not prejudice any party.

most cases, the Secretary of the Com.

can arise in which the independence of The final exclusion from the defin!- mission will send copies of the commu.

the Commission's adjudications may tion of er parte communications in-nication to all parties to the proceed.

be sospect. Subsection (c) will prevent volves generic issues. This exclusion ing.

Ca==i== ton staff personnel who have takes account of the Commission's Subsection (h) explains how pro.

appeared as parties in adjudications dual responsibilities as both an adjudi. ceedings to impose sanctions for viola.

from participating in making the deci-catory and a rulemaking body. The tions of the es parte rule shall be com.

sions in those or factualy related adju. Commission often has before it gener-menced. The Commission expects that dications. This provision does not ic rulemaking pror'>sals which would the sanettons imposed in ety case will apply to uncontested applications for alter Commission policy in broad areas take into account th( intent of the initial 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 lasues 553.

an effect on adjudicacorv proceedings and their importance to the proceed.

Section 2.780 is intended to cover all and in some cases, en msWrs current-lag, the Interests of other parties or Commission adjudications. It does not ly in issue in such adjudictions. To in-persons, the public interest and other apply to informal rule==him or to clude these generic matters within the relevant factors. Subsection (1) defines decisions on requests for enforcement definition of er parte communications when the prohibition against ex parte action pursuant to 10 CFR 2.206. It would significantly impair the Com* communications comes into effect.

does apply once an enforcement pro. mission's ability to Iesolve generic Subsection (jX1) 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 several spe-same generic issue nay affect many import proceedings from the defini.

cific exclusions from the definition of adjudications, each with separate par.

tion, since those proceedings are sepa.

er parte communication in subsection ties, resolution of these issues through rately treated in Part 110 of the Com-2.780(b). The first exception involves adjudicatory or quasi-adjudicatory mission's regulations. Furthermore.

l requests for repotts on the current procedures might in some cases pre-consis+-ut with current Commission status of a proceeding or upon sched. vent the Commission from taking ducten hlemaking proceedings con-poggey 1

uling matters. This exception permits needed regulatorv action in an expedi-urt to Subpart H of 10 the parties to obtain easily this neces-tious fashion. The Commission be-CFR Part ~ ce also not included sary and routine information. The lieves that this policy accords with law second exception is for er parte com-and is justified for the po!!cy reasons within the covert.e of the er parte munications which are specifically given above. However. the Commission prohibition except as the Comminion permitted by statute or regulation, recognizes that this provision cannot

(",Y*th e

tn

,y,

{

}

}

such as requests for subpoenas or dis-be used as a means of circumventing cussions of certain classified informs. the adjudicatory process and will act the term interested person,, as that t!on (see 10 CFR 2.912). This excep-to ensure that its use is limited to mat-term is defined in the legislative histo-tion simply recognizes that the policy ters that are of generic rather than ry of the Sunshine Act. H.R. Rep. 94-against er parte communications can limited concern.

880 Part I. 94th Cong. 2nd Sess. at 19-20 (1976).

be overcome by other policy consider.

Subsections (c) and (d) of 12.780 are allons. Aslo excluded from the defini-the essential operative provisions of Pursuant to section 161 of the tion are communications by or to the er parte rule. Together they bar er Atomic Energy Act and 5 U.S.C. 553, members of the Office of the General parte communications either to or notice is hereby given that adoption of the following amendments to 10 CFR Counsel regarding matters pending from Commimmion adjudicatory em-before a court or another agency. Al-ployees. 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 written ed in the courts only after they have in the Government in the Sunshine comments or suggestions for consider-been adjudicated by the Commission. Act. The long-standing Commimmion ation in connection with the proposed there have been cases in which mat-policy against er parte communica, amendments should send them to the ters were pending in litigation at the tions between adjudicatory and non. Secretary. United States Nuclear Reg.

same time that those or related issues adjudicatory employees is also made ulatory Commlnston. Washington, D.C.

were before the Commianlon or the explicit. 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 te re-necessary for members of the Office of with er 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, er comments received may be examined sation with the parties who may also parte communications will be chan. In the Commhalon's Public Doctunent be parties to the Commi== ion proceed-neled to the Office of the Executive Room at 1717 H Street NW., Washing.

i ing. Subsection 2.780(b)(3) recognizes Director for Operations for handling ton. D.C.

this need and excludes such communi. by that office. Since the communica-

1. It is proposed to amend $ 2.719 to cations from the definition of et 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 tratters cases not have to be copied and circu. I1719 Separation of Functions: Comm.is.

pending before the court (or other lated to the parties. This will result in sTon Adjudicatory Employees.

agency). The fourth exemption per.. a significant cost savings to the Com.

(a) As def'aert in this section. Com-mits adjudicatory employees to com-mission which presently copies and mission aGia1catory employees in-municate directly with the staff in un-circulates all er parte communications clude:

contested licensing proceedings which, regardless of the volume of such com.

(1) The Chairman and Commission.

as defined by 10 CFR 2.4(n), are pro-munications or whether they reached ers and members of their personal ceedings in which the only parties are the Cortanission employee to whom staffs; the staff and the applicant and where they were sent. Subsections (f) and (g)

(2) Members of the Atomic Safety there are no issues in dispute. This provide how er parte communications and Licensing Appeal Panel and mem-provision is carried over from 10 CFR which are received or made by adjudi-bers of the staff of that panel; FtttRAL REGISTER. VOL. 44, NO. 46-WEDNESDAY, MARCH 7,1979 j

+

4i f

12430 PRCPOSED RULES (3) Members of the Atomic Safety or written communication relevant to with but separate from tha public and Licensing Board Panel and mem-the merits of any proceeding on the record of that proceeding-bers of the staff of that panel; record pending before the NRC which (1) All such communications which l

(4) The General Counsel and em-is not made on the public record and are written; l

ployees of the Office of the General with respect to which reasonable prior (2) Memoranda stating the sub-Counsel; notice to all participants in the pro-stance of any such communications l

(5) The Director of the Office of ceeding is not given, but it shall not in.

which were oral; and Poucy Evaluation and employees cf clude:

(3) All written responses, and memo-that office; (1) Requests for status reports; rands stating the substance of all oral (6) The Secretary and employees of (2) Em parte communications specifi-re;ponses to the materials discussed in the Office of the Secretary; and cany permitted by statute or reguis-paragraphs (f)(1) and (f>(2) of this sec-(7) The Director of the Office of In-tion (for example, f 2.720 of this part); tion.

spector and Auditor and employees of (3) 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 f

(b) Commfulon adjudicatory em-Counsel regarding matters pending in paragraphs (f)(1),(2) and (3) of this i

pioyees shan perform no duties incon-before a court or another agency; sectibn to all participants to the pro-I sistent with their adjudicatory respon-(4) Communications between staff ceeding with respect to which it was 1

sibilities. In carrying out their adjudi-and any Commtazion adjudicatory em-made, and will notify the communica-catory responsibilities these employees ployee in a proceeding involving an ap-tor of the provisions of this regulation wiu not be respons!ble to or subject to pucation for initial licensing other prohibiting er parte communications.

the supervision or direction of any than in a contested proceeding as de-If the communications are from per-Commission officer or employee fined by I2.Un) of this Part; and sons other than participants to the except another Commiaton adjudica-(5) Communications between the proceedings or their agents, and the tory employee acting under this Sub-Commfutnn and staff regarding gener. Secretary determines that it would be part.

ic issues involving public health and too burdensome to send copies of the (c) Except as provided in 12.780 of safety or other statutory respons!bH. communications to all participants be-this Subpart and except in uncontest-ities of the Cn=minton not specifical-canw' (1) the communications are so ed proceedings involving an applica-ly related to any particular proceeding volumtnnus, or (2) the ccmmunica-tion for initial lleensing, no officer or pending before the Commtalon.

tions are of such beirderline relevance employee of the Commiaton except a (c) No Commtanton adjudicatory em-to the issues of the praeaamur, or (3) member of the Comminion who has ployee Mll make or knowingly cause the participants to the proceeding are.

engaged in the performance of any in-to be made to any interested person so numerous, the Secretary may in-vestigative or prosecuting funesions in outside the NRC or to any NRC em-stead notify the participants that the 1

that case or in any factuauy related ployee engaged in the performance of communications have been received.

case may participate or adtse in the investigativt c prosecuting functions placed in the fue, and are avaDable for l

initial or final decision, except as a in that or in any factually related pro. ernminatinn, and will be sent upon re-witness or counsel in the proceeding. ceeding an er parte communication.

Quest.

Representation of the Corunissics in (d) No interested person outside the (h) Upon receipt of a communication any court of law or befors any agency NRC and no NRC employee engaged knowingly made or knowingly caused other than the Commlarion does not in the performance of investigative or to be made in violation of this section, constitute the performance of investi-prosecuting functions in that proceed-a Commtnion adjudicatory employee rative or prosecuting functions for the ing or any factually related proceeding may, to the extent consistent with the purposes of this section.

shan make or shall knowingly cause to interests of justice and the policy of

2. It is proposed to amend i2.780 to be made to any Commission adjudica. the underlying statutes, recommend to read as follows:

tory employee an er parte communica-the appropriate Comminion adjudica-tion. '

tory tribunal that the person making i 2.780 Ex parte co-a-"h.aas: Com-(e) To the extent possible, all er or causing the probibited commun!ca-misalon adjudicssory employees.

parte communications directed to any tion be made to show cause why his (a) As defined in this section Com-Commluinn adjudicatory employee claim or interest in the proceeding Irlssion adjudicatory employees in-will be referred to the Office of.the should not be denied, disregarded, dis-ciude:

Executive Directc. for Operations for missed or otherwise adversely affected (1) The Chairman and Comminion-banet1tng by that office, and such er because of such violation.

ers and members of their personal parte communications wiu not be (1) The prohibitions of 'this section staffs:

trsqmitted to the Commission adjudi-shall apply when a proceeding is first (2) Members of the Atomic Safety catory employee to whom they were noticed for a formal hearing on the and Licensing Appeal Panel and mem-directed. Such er parte communica-record, unless the person responsible bers of the staff of that panel; tions shan be placed in a file associat-for the communication has knowledge (3) Members of the Atomic Safety ed with but separate from the record that it rul be noticed, in which case and Licensing Board Panel and mem-of the proceeding to which the er the prohibition shall apply at the time bers of the staff of that panel; parte communication pertains. If a he acquires such knor: ledge.

(4) The General Counsel and em-communication was made or solicited (j) As used in this section:

ployees of the Office of the General by a Commfuton adjudicatory employ.

(1) The term proceeding shall not Counsel:

ee, or if it is otherwise appropriate, refer to any proceeding or proceedings (5) The Director of the Office cf the Executive Director for Operations governed by Part 110 of this chapter.

Polley Evaluation and employees of win serve the er parte communication and except as the Comminnlon may that office; on an parties to the proceeding to otherwise direct, shall not refer to any (6) The Secretary and employees of which it pertains-proceeding for the adoption, amend-the Offlee of the Secretary;and (f) Any Commluton adjudicatory ment or repeal of any rule or regula-(T) The Director of the Office of In-employee who, despite paragraph (e) tion which is conducted pursuant te spector and Auditor and employees of of this section, receives, makes or Subpart H of this Part, and that office.

knowingly causes to be made a com.

(2) The term interested person is in-(b) As used in this section, the term Inunication prohibited by this section tended to be a wide, inclusive term er parte communtentinn means an o.al will place in a public file associated covering any individual or other s

FEDERAL REG 4$TER, V0t. 44, NO. 46-WEDNESDAY, MARCH y,1979 1

PROP 35ED RULES 12431 person with an interest in the agency Robert C. Gillette (Hearing Procc. NCUA-31 and entitled I.itigation Ca.a proceeding that is greater than the dures). Economic Regulatory Admin. Files. Thus, NCUA proposes to amen-general interest the public a.: a whole istration. 2000 M Street. N.W., Room I720.35 to reflect the existence of this may have. The interest need not be 2214B. Washington, D.C.

20461, new exempted system..

, monetary, nor need a person be a (202) 254-4201.

When a new system of records is party to, or intervenor in, the agency proceeding to come under this section.

Daniel J. Thomas (Regulations and proposed, subsection (o) of the Privacy Act (5 U.S.C. 552ato)). requires that a The term includes, but is not Ilmited g

annin con g

Report on the New System of Records to, parties, competitors, public offi.

cials, and nonprofit or public interest Street, N.W - Room 2310, Washing-(" Report") be submitted for review to organizations and associations with a ton, D.C. 20461 (202) 254-7477*

Congress and to the Office of Manage.

ment and Budget. Additionally, an op-special interest in the matter regulat-Issued in Washington. D.C., March portunity for public notice and com.

ed. The term does not include a 1,1979.

ment on the proposed new system.

roember of the public at large who Dogot.As G. RostssoN.

NCUA-31: Litigation Case Files, is makes a casual or general expression Assistant Administration, Regu-being provided concurrently with this of cptnlon about pending proceedings. -

lations and Emergency Plan

• proposed amendment.

For the Comminston.

ning, Economic Regulator?

NCUA-31 would be exempt from Administrator, subsections (cx3). (d), (eX1) (eX4XO).

Sauvrx. J. CHILE, IFR Doc. 79-6915 Filed 3-6-79; 8:45 aml (H) and (D. and (D of the Privacy Act Secretaryof the Commission.

(5 U.S.C.

552atcX3),

(d).

(eX1).

Dated at Washington DC, this 1st (eX4XO), (H), (IXD), insofar as this day of March 1979.

[7535-01-M]

system of records contains investiga-

• ## * * ' d *I" *

• I # I** **

IFR Doc. 79-6674 Filed 3-6-79; 8:45 am) tlATIONAL CREDIT UNION forcement purposes. However, if any ADMINISTRATION individual is denied any right, privi-

[6450-01-M]

[12 CFR Part y20]

lege or benefit to which the individual would otherwise be entitled by Federal DEPARTMENT OF ENERGY PROTECTION OF PRIVACY OF INDIVIDUAL law, or for which the individual other-RECORDS wise would be eligible, as a result of Econeah Resusseery A4 iiniseretion the maintenance of such records, such

[10 CFs Peron 21I and 212)

'"P***d ""'***

• I"'*P"*"*

records or information contained AGENCY: National Credit Union Ad.

therein will be accessible to the indi-(Docket No. ERA-R-78-123 ministration.

vidual: Provided. The identity of a conndendal soum is not disdosed.

AMEN 0MENTS 70 SMPO$5 THE ENTITtEMENT ACTION: Privacy Act Notice and Pro-The acords contained !n NCUA-3.

OsuoATION ON ThE FIR $T PURCHA$5 OF posed Revisions to 12 CFR 720.35.

PRsCE CONTRottED DOMESTIC CRUDE Olt am used in connection with the execu-

SUMMARY

NCUA proposes to tion of NCUA's legal and enforcement Propened Rosem hing Concenetion of Pubisc amend 12 CFR 720.35 Exemptions, to responsibilities under the Federal Hearing give notice of another new system of Credit Union Act (12 U.S.C. 1736.

records which is exempt from certain 1789) and the Federal Tirt Claims Act AGENCY: Economic Regulatory Ad* provisions of the Privacy Act of 1974 (28 U.S.C. 2671-2680). Records may ministration Department of Energy.

(5 U.S.C. 552a (1970) (the " Privacy contain unverified, uns;11 cited state-ACTION: Proposed rulemaking: can. Act") pursuant to subsection (kX2) of 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 agency Economic Regulatory Administration on or before April 7,1979.

memorands may be included in these (ERA) of the Department of Energy

!!!es, NCUA believes that the disclo-

~

ADDRESS Send written comments to sure of the existence of the informa-(DOE) proposed to amend its domestic crude oil allocation (or entitlements) Robert S. Monheit, Senior Attorney, tion in this system or the identity of program to impose the entitlement Ofuce of General Counsel, Nanonal sources of information rnay sedously Credit Union Adminktration, 2025 M hamper and undermine effective en.

purchase obligation on the first pur.

Street, NW., Washington, D.C. 20456.

forcement of the Federal credit union chase of price <ontrolled domestic crude oil, regardless of whether the FOR FURTHER INFORMATION laws. Such disclosure may prematurely purchaser is a refiner, reseller, or some CONTACT:

alert individual-that they are under other user of crude oil. (44 FR 5296) investigation or provide access to evi-Beatrix D. Fields, Staff Attorney, dentiary information. Similary, an ac-In the same notice. DOE announced Office of Gneral Counsel, or tele-counting as required by subsection that a public hearing would be held on phone (202) 632-4870.

(cX1) of the Privacy Act (5 U.S.C.

e March 8,1979, in Denver, Colorado for SUPPLEMENTARY IFFC,RMATION: 522a(cXD) should not be disclosed, as the purpose of accepting oral com-Subsection (k) of thr. Privacy Act (5 it may indicate that records have been ments on the proposed regulations.

Because only two requests to speak U.S.C. 552a(k)) sets ' orth specific ex-forwarded to the Justice Department were made, DOE has determined after emptions for systemF of records which for consideration of crimir 21 proceed-may be exempted from certain provt. Ings. If such an accounting is dis-consultation with the requesting par-ties that the public hearing will not be sions of the Privacy Act. Those NCUA closed, an individual may flee the ju-systems of records which are exempt risdiction or otherwise interfere with necessary. Accordingly, the hearing pursuant to subsection (k) are de-crimini prosecution. During litigation previously scheduled for March 8,

1979 is cancelled.

scribed in f 720.35(c) of its rules and access to case file information is linut-regulations (12 CFR 720.35(c)). In ac.

ed by the bounds of applicable discov-However, the public hearing in Washington, D.C. will be held as an* cordance with the Privacy Act. NCUA ery rules as to disclosure of investiga.

is creating a new system of records ' tory materials. After the conclusion of nounced on March 13,1979.

that is considered to be an exempted an adminhtrative or judicial proceed-FOR FURTHER INFORMATION system under subsection (kX2) of the ing, it is necessary to retain invastiga.

CONTACT:

Privacy Act. The system is designated tory materials intact. F'uther legal FEDERAL REGISTER, VOL 44, NO. 46--WEDNE50AY, MARCH y,1979 l

e UNITE 0 STATES NUCLEAR REGULATORY COMMISSION POR MONTHLY ACCESSION LIST APPENDIX F PAGE 15 79/01'/01 - 79/01/31 FILE LOCATION

'ILE LEVELS DOC. DATE t

\\

10CFM PT9.7 790111 79/01/11 ACCESSION NBRt 7901170380 TASK NBN:

10CFR D0C. TYPES MENO FICHE NNNI PT9.7 790111 i

N6R. PAGESt 1P.

NOTARIZE-Os 79011702998 l

l'0ChET UATE8 LPOR8 NO viPUNT NnRI AUTnUH1 CHILK,5.J.

AFFIL: OFFICE OF THE SECRETART OF THE COMMISSION NECIP.8 AFFIL OFFICE OF THE SECRETARY OF THE COMMISSION I

i SUBJECT COMMISSION DETERMINATION RE PUBLIC DISCLOSURE UNDER THE GOVT IN THE SuhSHINE ACT OF TRANSCRIPT OF LICENSING HEFORM i

DISCUSS 10d 0F 771215.7RANSCRIPT NILL 8E WITHHELD FROM PUBLIC DISCLobudEINAT HE NELEASED AFTEN CONGHESS A0J00MNS.

IFR PT9.7 790112 79/01/12 ACCESSION NON: 7901250024 TASK hBRt 10CFR l

DUC. TYPE HEHO FICHE NBR PT9.7 790112 h8N. PAGESt 1P.

NOTARIZEDI DOCKET uATE8 LPDNS NO l

REPUNT hudt AUTHON:

CHILN,S.J.

AFFILI 0FFICE OF THE SECRETART OF THE COMMISSION NECIP.8 AFFILt OFFICE OF THE SECRETART OF THE COMMISSION i

COMMISSION R.ELEASES " TRANSCRIPT UF COMMI'SSION DISCUSSION OF l!

SUBJECTI ouuGET MAMKur Fv79tAUGUST 26,19TT" IN ITS EhTINETT.

l CFR PT9.7 790118 79/01/18 ACCESSION N8Rt 7901290337 TASK NBRt 10CFR I

00C. TYPE LEGAL DUCUMENT FICHE NHRI PT9.7 790118 hen. PAGES: 41PP.

t40TARIZEDI 7901290337 00CKL1 OAIEt LPuMt NO l

NEPURT kHW8 AUTHURI HENURIE,J.M.

AFFILI COMMISSION i

AUTHUR8 KENNEDT,N.T.

AFFILt C0dMISSION AUTHDH2 dHAUFORD,P.A.

AFFILt COMMISSION SUBJECTS TNAHSCRIPT OF A 790118 NEETING IN MASHINGTON DCeRE SECYaF8 624 & PIRG PET 1110N TO ANEND 10CFH100 kE POPULATION DEhSITY CNITEdIA AWOUND NUCLEAR REACTON SITES.PPl=41.

i

.