ML20028F759
| ML20028F759 | |
| Person / Time | |
|---|---|
| Issue date: | 10/25/1977 |
| From: | Yore J Atomic Safety and Licensing Board Panel |
| To: | Fouchard J NRC OFFICE OF PUBLIC AFFAIRS (OPA) |
| Shared Package | |
| ML20028F757 | List: |
| References | |
| FOIA-82-490 NUDOCS 8302040146 | |
| Download: ML20028F759 (1) | |
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UNITED STATES
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'h NUCLEAR REGULATORY COMMISSION I
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^j ATOMIC SAFETY AND LICENslNG BOARD PAN.EL
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WASHINGTON,0. C. 20555 October 25, 1977 umummer
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- 1..y MEMORANDUM FOR: Joseph J. Fouchard, Acting Director Office of Public Affairs wW W
FROM:
.es R. Yor, hairman stomic Safety and Licensing Board Panel SUBJECTc REVIEW 0F POLICY CONCERNING USE OF CAMERAS DURING NRC LICENSING HEARINGS y,p.q P
In response to your memorandum of October 19, I have a few specific comments.
Con 2 to Alternative 2 should be expanded to state that counsel as
/well as the board and witnesses would be discomforted by artificial lights.
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Con 2 to Alternative 3 should also appear under Alternative 2.
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The cons to Alternatives 2 and 3 should reflect the fact that the
/ presence of cameras may well cause witnesses to tailor their presen-tations for public consumption.
Con 1 to Alternative 4 should be revised by changing the word "might" in the second line to "would".
Federal Courts simply do.not allow cameras in any case.
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'A few general comments should be added.
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I feel that hearing board chairmen are sufficiently burdened in con-ducting a fair and impartial hearing in an emotionally charged atmos-phere.
They should not be required to take on the additional burden of supervising telLvision camera crews.
If the Commission elects to implement Alternative 2, 3 or 4, I strongly urge that the Office of Public Affairs have a representative present at all hearings to take on this responsibility, leaving the Chairman free to conduct the hearing.
My October 3,1977 Memorandum to you regarding camera coverage should be included as an attachment to the paper presented to the Conunission.
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A10MIC SAFETY AND LICENSING BOARD PANEL c
,8 WAS6flNGTON. D. C. 20555 October 3, 1977 N.Sf5 MEMORANDUM TO:
Joseph J.
Fouchard, Acting Director i,
Office of Public Affairs FROM:
James R. Yore, Chairman Atomic Safety and Licensing Board Panel u
SUBJECT:
REVIEW OF POLICY CONCERNING USE OF CAMERAS DURING NRC LICENSING HEARINGS ih r
In response to your memorandum of September 21, 1977, con-corning the above subject, I emphatically favor the reten-tion of the present Commission policy.
Mr. Rosenthal, in his memorandum of September 22, 1977, set forth clearly the basic reasons for this position and I totally concur in his
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analysis.
jc-I advised you that a check (similar to the one that was P
made approximately two years ago) would be made with other Federal agencies to determine their current camera policy and this has been accomplished.
The results indicas.e that 14 Federal agencies (including NRC) of the 25 surveyed have partially implemented Recommendation 72-1 of the Adminis-L_
trative Conference of the United States.
Recommendation 72-1 calls upon Federal agenci.es to adopt regulations which
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would encourage broadcast coverage of proceedings involving
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issues of broad public interest, subject to appropriate r-limitations and controls to prevent disruption and to pro-t tect witnesses.
Only the FCC has implemented the Recommendation in fullby publishing a policy statement containing guidelines for
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broadcast of its proceedings.
n Much of the audio-visual coverage that is presently permitted I.
by the other agencies appears to be less the result of the i
Recommendation than the result of the open meeting and public i
observation provisions of the Government in the Sunshine l
Act. (P.L.94-409).
There are no indications that any agency l.
plans to broadcast its adjudicatory proceedings.
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e EPA's policy is to allow broadcast coverage of non-adjudica-tory proceedings.
When the Agency promulgated new regula-tior.s for formal adjudicatory hearings on registration of pesticides, it proposed allowing' broadcast coverage, but mm,
withdrew the proposal in the final published regulations s
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because of objections.
Thereafter, in reporting out a acw
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pesticide bill which later became law, the Senate Committee on Agriculture and Forestry indicated it would oppose any such broadcast coverage provisions in future EPA regulations.
Our proceedings are quasi-judicial and very of ten held in an emotionally charged atmosphere.
A large portion of the public does not favor the building of any power plant, and especially mean a nuclear one, in their neighborhood.
In such circumstances, 5,'
I believe it best to follow the practice of the Federal court MO.
system, which does not permit camera coverage.
Federal courtrooms provide our best hearing facilities, and we use r
them as often as possible.
If there were a policy permitting camera coverage, we would have to exclude cameras when we use these courtrooms and would risk accusations that we use them to avoid a policy that permits such coverage.
We also would dislike being deriied their use for fear by the courts that it would shift criticism of camera exclusion to the courts e;
themselves.
f" Polarization of the nuclear debate has made it increasingly difficult for Hearing Boards to maintain order and the proper decorum at NRC adjudicatory
- proceedings.
Board have on several occasions been faced with demonstrations of various sorts.
In at least one instance it was necessary for the local police to maintain order.
Rotention of the present policy regarding use of cameras would continue to afford some relief in alle-viating this growing problem.
Any relaxation would only exacerbate an already highly vo1atile situation, and invite
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further demonstrations which can only hinder the hearing 1
process.
I strongly favor the retention of the existing Commission policy.
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t Ja es R. Yore, Cha irman Atomic Safety and Licensing h
Board Panel b
cc:
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Rosenthal, ASLAP t'
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Kelley, OGC H.
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Shapar, OELD
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