ML20035B424
| ML20035B424 | |
| Person / Time | |
|---|---|
| Issue date: | 03/24/1993 |
| From: | Selin I, The Chairman NRC COMMISSION (OCM) |
| To: | Foley T, Gore A HOUSE OF REP., SPEAKER OF THE HOUSE, SENATE |
| References | |
| NUDOCS 9304010343 | |
| Download: ML20035B424 (21) | |
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jo, UNITED STATES NUCLEAR REGULATORY COMMISSION
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WASHINGTON. D. C. 20555
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p March 24, 1993 CHAIRMAN The Honorable Albert Gore, Jr.
President of the United States Senate Wasi.ington, D.C.
20510
Dear Mr. President:
In accordance with Section 3 (j) of Public Law 94-409 (5 U.S.C.
552b (j ) ), I am enclosing the Nuclear Regulatory Commission's Annual Report of the Administration of the Sunshine Act for Calendar Year 1992.
Sincerely,
.g.A Ivan Selin
Enclosure:
As stated 9304010343 930324 PDR COPPfS NRCC
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CORRESPONDENCE PDR 1
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'o UNITED STATES
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NUCLEAR REGULATORY COMMISSION 3.,,,
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March 24, 1993
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CHAIRMAN I
The Honorable Thomas S.
Foley Speaker of the United States House of Representatives Washington, D.C.
20515 I
Dear Mr. Speaker:
In accordance with Section 3(j) of Public Law 94-409 (5 U.S.C.
552b (j ) ), I am enclosing the Nuclear Regulatory Commission's Annual Report of the Administration of the Sunshine Act for Calendar Year 1992.
Sincerely, Ivan Selin
Enclosure:
As stated 1
.. ~.
l i
i ANNUAL REPORT I
l GOVERNMENT IN THE SUNSHINE.ACT l
1.
AGENCY NAME:
U.S. Nuclear Regulatory Commission i
'i 2.
CALENDAR YEAR:
1992 l
l 3.
MEETINGS:
(See definitions in Appendix A)
'l l
A. Total Number of Open........................
70 (71%)
i B. Total Number of Closed......................
29 (29%)
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C.
Total Number of Partially Open/ Closed.......
O (0%)
i Total Number of Meetings...................
99 l
The above meetings are counted by the number of separate-agenda topics discussed as described in Appendix A. The same j
number of topics counted by the method used-by Common Cause results in the following number of meetings (see definitions I
in the Appendix):
D.
Total Sessions Open.........................
53 i
E.
Total Sessions Closed.......................
17
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F.
Total Sessions Partially Open/ Closed........
O Total Number of Sessions...................
79
)
Appendix B contains a tabulation of open and closed meetings l
per month for CY 1992, using both the Nuclear Regulatory
{
Commission'(NRC) and the Common Cause-(CC) methods of counting. Throughout this report, meeting numbers quoted are counts of individual items.
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4.
EXEMPTIONS USED FOR CLOSING OR PARTIALLY CLOSING MEETINGS (NUMBER OF TIMES USED)
A.
Exemption 1 8
Exemption 2 4
Exemption 9 1
Exemptions 1 & 3 2
Exemptions 2 &6 4
Exemptions 2 & 9(B) 2 Exemptions 5 & 7 4
Exemptions 9(B.) & 10 2-Exemptions 5, 9(B) & 10 1
Exemptions 2, 6,.9(B) & 10 1.
Total 29 J
. B.
NRC's practice regarding the closing of meetings pertaining to the budget, Congressional testimony, and briefings of agency members by staff is as follows:
(1)
Budaet Meetinas.
The U.S.
Court of Appeals for the District of Columbia Circuit concluded in Connon Cause v. HEg, 674 F.2d 921 (D.C. Cir.
1982), that there was no exemption under the Sunshine Act authorizing automatic closure of budget meetings.
After Common Cause, the l
Commission has not convened any meetings to discuss the budget.
i (2)
Meetinos at which concressional testimony is r
discussed.
In 1992, there were no Commission meetings held to discuss Congressional testimony.
l (3)
Briefinas of acency members by NRC staff.
Under i
the commission's original Sunshine Act rules adopted in 1977, all briefings by NRC staff of a quorum of the Commission were considered to be for the purpose of conducting official Commission i
business and were therefore treated as meetings under provisions of the Act.
Under the revised rule adopted by the Commission in 1985, some l
informational briefings would not constitute l
" meetings" for Sunshine Act purposes.- The 1985 i
revised rule has not been implemented to date, and all briefings attended by a quorum of j
Commissioners have been treated as " meetings."
l Of the 99 meetings held by the Commission in 1992, 45 were staff briefings, 34 of which were held in public session and 11 in closed session, j
The 11 closed staff briefings were held to i
discuss matters involving classified information, l
pending investigations and enforcement actions, and litigation and adjudicatory activities.
Meeting records of closed briefings are reviewed i
for retention / release as described in Section 10 j
below.
j (4)
Meeting subiects recuired to be held in closed session.
Certain subjects (i.e., classified information, privacy act.information) are l
required under law or executive order to be i
protected.
Thirteen of the 29 closed Commission j
meetings dealt with matters which could not by j
law be discussed in public session.
5.
DESCRIPTION OF LITIGATION There were no Government In the Sunshine Act cases involving NRC filed or otherwise in litigation during 1992.
l 6.
NOTATION VOTING 1
i i
The Commission uses the notation voting process to decide issues j
which do not require interactive discussion among all j
j Commissioners in the presence of each other.
In this type of
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j decision-making, individual Commissioners provide views in j
writing to the Secretary (approval and/or comments) on actions l
j proposed by the staff or by individual Commissioners.
Typical i
j examples include responses to Congress on GAO reports, j
agreements with the Executive Branch agencies, export licenses,
)
s outgoing Commission correspondence, proposed rulemaking actions, W
i appointments and reappointments to advisory committees, and
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review of actions being taken or about to be taken under delegations of authority to the staff.
1 In connection with the notation voting process, the Commission in late 1989 expanded its policy on " openness" by deciding to 1
place, except in relatively rare circumstances, all issue papers voted on by the Commission in the notation vote process, as well 1
as the votes sheets of individual Commissioners, in its Public Document Room (PDR).
The papers are released at the time the 1
4 i
Secretary's decision memorandum for final action on the paper is l
1 released, unless they involve matters which the Commission has i
specifically agreed should be withheld (material containing j
i adjudicatory, enforcement or investigatory, classified or l
4 proprietary, and personal privacy information).
Papers may also f
i be withheld on rare occasions if they involve particularly i
- j sensitive matters and if solid justification for withholding l
exists.
l i
The Commission also uses notation voting to obtain Commis-l l
sioners' views on agency business which by law requires a formal l
vote in an open meeting but is not of such a complex nature as
{
to require interactive conversation between Commissioners in the l
l presence of each other.
After all participating Commissioners j
have first expressed their views in writing, public Commission j
meetings entitled Affirmations are scheduled for the purpose of j
a formal vote (ratification of Commissioners' views on the issue), with or without discussion as desired.
Examples of f
matters which are decided in this manner include final rule-l makings, responses to certain petitions, and adjudicatory l
l decisions.
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7.
PUBLIC OBSERVATION
?
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The Commission continued its policy of providing meaningful q
public observation and. understanding of open meetings through j
the following measures-n j
A.
The Commission's main conference room, with a seating capacity of 150, is provided with multiple overhead
[
speakers and with a closed-circuit television system j
i to ensure that every person desiring to attend a
meeting can see and hear.
4 o
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f,
B.
A pamphlet entitled " Guide to NRC Open Meetings" is l
available in the Commissioners' Conference Room and in j
the PDR.
The guide describes for public attendees the i
normal seating arrangement for participants at the conference table, the general functional responsi-1 bilities of these participants, Commission procedures j
for. voting on agenda items, general rules for public conduct at Commission meetings, and cources of additional information on the Commission and its I
meetings.
[
r C.
Copies of viewgraphs and the principal staff papers i
scheduled to be considered at the meeting are normally j
nade available to meeting attendees at the entrance to the conference room prior to the commencement of the meeting.
These papers are also placed in the PDR at j
the conclusion of the meeting, along with viewgraphs i
and other material handed out at the meeting.
l Additionally, copies of all papers referenced at the.
l meeting are normally released to the public.
During
-l 1992, 93 such documents were released.
D.
A " Handbook of Acronyms and Initialisms" (NUREG-0544, Rev. 2) is on file in the PDR to further help the public in understanding the many technical terms I
discussed in Commission papers, f
I E.
Public attendees are permitted to tape-record commission discussions at open meetings.
j F.
It is the Commission's practice to allow camera and television coverage of open meetings and briefings without prior notification.
The use of cameras, including television coverage, at open licensing i
proceedings conducted by NRC's licensing and appeal boards is also permitted.
In both Commission meetings and adjudicatory hearings, however, camera equipment _
l must be operated in a manner that is not disruptive to 1
the proceedings.
G.
Transcripts are made of all public Commission f
meetings. These are unofficial transcripts which are l
not edited by the Commissioners'or by the staff and' l
are generally placed in the Commission's PDR within 72 i
hours of the conclusion of the meeting. Transcripts of all 70 open meetings in 1992 are in the PDR, where j
they may be read or copied as desired.
A fee is t
charged for copying services.
H.
We are working with a private contractor who has asked l
to install an open telephone line for public Commission meetings.
This would allow interested persons to call into a central telephone number to j
listen to Commission meetings.
j i
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8.
PUBLIC NOTICE l
Each meeting is publicly announced by the methods listed below.
l A.
Use of an automatic telephone ~ answering-machine, which provides a daily recorded message describing the meetings scheduled for the Commission over a four week i
period.
Members of the public desiring such l
information dial (301) 504-1292 to hear the pre-recorded message.
B.
Publishing weekly in the Federal Register the time, date and location of all meetings scheduled for the next four weeks, the topic (s) to be discussed, whether l
the meetings are open or closed, and the name and telephone number of contact persons who are prepared to respond to questions about the meeting' schedule.
{
c.
Posting in the NRC Public Document Room, 2120 L t
j
- Street, N.W.,
Washington, D.C.
20555, a copy of the Federal Recister Notice at the time it is sent to the i
Federal Reaister.
D.
Mailing a copy of the. Federal Reaister Notice to those l
i persons on a mailing list maintained for that purpose (currently over 175 names and addresses) at the time
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it is sent to the Federal Reaister.
7 E.
Submittal of a copy of the Federal Reaister Notice to the Office of Public Affairs for dissemination to the national wire services (AP, UPI) and Reuters, and to other news media as applicable.
i F.
Use of a closed circuit television to project the i
meeting schedule to headquarters building visitors.
t The Commission's current and projected schedule of meetings for the period covered by the weekly Federal-l Reaister Notice is available for viewing on one channel of the NRC's internal cable television system.
1 Television monitors are available at the guard's desk j
in the~ lobby of the One. White Flint North headquarters i
building near the entrance to the Commission meeting 1
area and in other public areas of the building.
l G.
Telephoning known interested parties when public
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meetings of particular= interest are scheduled with.
less than seven days' notice.
l The Commission is sensitive to the need for reasonable advance
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notice of Commission meetings.
Its policy is to reduce scheduling changes to a minimum and to avoid short notice meetings if possible.
However, the Commission continues to be confronted with the requirement to consider urgent matters in a-l timely manner.
The meeting schedule is constantly adjusted to a
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1
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i ensure that the business of the Commission is not delayed, j
taking into account Commissioner availability and the urgency and significance of the meeting topic.
Appendix C contains a i
tabulation of the number of days' notice for NRC meetings. In i
summary, 88 percent of the 1992 Commission meetings (87 of 99) i were announced with 7 or more day's notice while the remaining i
12 percent (12 of 99) were announced with less than 7 days' notice.
The following observations are made concerning the 12 "short notice" Commission meetings held during 1992:
There were 4 open and 8 closed "short notice" meetings.
Three of the 4 open meetings were affirmation sessions 1
at which the Commission ratified (affirmed) Commission orders or final rules. based upon the previously 4
declared views of individual Commissioners, with f
little or no discussion.
In each case-the Commission 1
had announced the affirmation session more than 7 days in advance but had not annour
>d a specific topic to i
vote on.
The fourth meeting s held on short notice l
to discuss an accident at a Russian reactor at Sosnovyy Bar which occurred the night before the l
meeting.
i Holding 8 closed meetings (which discussed classified
]
information, investigations, internal management and personnel matters, and litigation) on short notice did l
not affect public participation.
l I
Whenever a short-notice meeting is added to the Commission's schedule, public notice is immediately provided through NRC's-automatic telephone answering machine, the posting of a revised I
meeting notice in the PDR, displaying a revised notice on a I
television monitor in the lobby of one White Flint North, notification to the Offices of Public and Congressional Affairs, and, where appropriate, telephone notification to news media and to interested parties to advise them of the additional meeting.
Notice is also promptly submitted to the Federal Reaister.
Additionally, if the short-notice meeting was open, the transcript of the meeting is placed in the PDR shortly j
thereafter.
-j 1
9.
PUBLIC INTEREST l
The Commission, in adopting its Sunshine regulations (see Appendix D), explained, in the course of responding to a specific proposal, how it would employ the public interest l
criterion in exercising agency discretion to open meetings that i
could otherwise be closed under one of the exemptions authorized in the Act.
l t
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1 9 "Section 9.104(a) of the rules, like the proposals of f
several other agencies, gives presumptive but not conclusive force to the determination that an exemption is available in deciding the public interest l
question. The fact that a meeting does come within a i
specific provision of Section 9.104(a) indicates that the Congress recognized a public interest in closing, not opening, meetings of this character.
The Commission staff has been instructed to consider-the public interest in recommending to the Commission i
whether or not to close particular meetings.
The Commission believes that this. internal procedure and l
the awareness of the Commissioners themselves and their advisors of public interest concerns will ensure
~
adequate consideration of the public interest before l
any decision to close a meeting is made, without need for a formal procedure of the type proposed."
42 Fed.
Reg. 12875 (March, 1977).
j In the implementation of its rules, the Commission calls upon the staff to consider the public interest factors in any recom-mendations to the Commission for closed meeting discussions.
The Commissioners review staff's recommendations for closed meetings and consider the advice of the General Counsel as to I
whether the item is properly closable. 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 l
MEETINGS i
A.
The policy of the Commission is to make available to I
the public the record of all meetings except for those portions the agency determines to contain information
{
which may be withheld under the provisions of Section 552b(c), the Government in the Sunshine Act.
To 1
ensure that the determinations made are correct, the Commission, upon receipt of a request for a copy of a transcript or portion thereof previously withheld, conducts three independent levels of review for each j
transcript or_ electronic recording under consideration l
for release.
An initial review is performed by the i
staff office presenting the briefing or discussion.
The second review is accomplished by the Office of the l
General Counsel'(OGC).
Thirdly, the-Comnission l
reviews the record and makes the final determination' regarding public disclosure.
The review process has resulted in the release of all or portions of
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approximately 300 transcripts of closed meetings to the Commission's PDR since the enactment of the
]
Sunshine Act.
l t
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. l The Commission's rules, in accordance with the Sunshine Act, permit records of closed meetings including litigation to be kept in minutes (10 CFR 9.108(a)), and. procedures exist for the i
review of such milautes.
I B.
Index Systems and Tabulation of Recuests for Transcripts. Recordinos and' Minutes (Ocen and Closed) l The Nuclear Regulatory Commission indexes transcripts of meetings and meeting summaries l
that are placed in the PDR.
This information is included in a Daily Accession List, with monthly:
cumulations, and is made available in the Commission's Public Document Reading Room and' i
mailed on a subscription basis to interested
[
persons.
Appendix E contains a sample entry from the PDR
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Monthly Accession List.
This example identifies and describes the factors that are indexed.
l Transcripts of all public Commission meetings'are usually placed in the PDR within 72 hours8.333333e-4 days <br />0.02 hours <br />1.190476e-4 weeks <br />2.7396e-5 months <br /> l
following the meeting.
During.1992, members of the public examined 301 transcripts of public i
Commission meetings at the NRC's Public Document 1
Room, and 664 copies of transcripts were i
reproduced for members of the public.
l During 1992, NRC received one FOIA request for a
[
transcript and copies of any handouts used at a closed Commission meeting which had been electronically 1
recorded.
The verbatim electronic recording and the j
handouts for the meeting were not released.
No paper transcript was made.
The request was acted on in 46 l
I days.
l 11.
REQUESTS TO OPEN MEETINGS I
i The Commission's rules describe the procedure to be followed by l
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 ~
j i
person" may ask the Commission to reconsider its decision to close a meeting by filing a petition for reconsideration.
.Any-l such petition must specifically state the grounds on which-l the petitioner believes the Commission decision is erroneous and j
the public interest in opening the meeting.
All requests, formal or informal, are referred to the Commission-for decision.
j L
Filing such a petition does not automatically act to stay the l
g effectiveness of the Commission decision or to postpone'the l
meeting in question..
l 1
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No requests to open a closed Commission meeting were received f
in 1992.
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- 12. FORMAL COMPLAINTS l
F There were no formal complaints filed in 1992 relating to
.k closed Commission meetings.
j 13.
EX PARTE COMMUNICATIONS i
The Commission's regulations on ex carte communications and separation of functions were adopted in final form on March 23, i
1988 (see Appendix F).
The Commission's rules. conform to the i
requirements of 5 U.S.C. 557(d).
The separation of functions rule precludes private Commission communications with the NRC i
staff about a matter at issue in a formal adjudicatory
{
proceeding only if the staff member participates in investigating or litigating functions in the proceeding.
A prior version of the rule precluded the Commission from private
'l communications with any member of the NRC staff whether or not the staff member was involved in a proceeding.
i 14.
ADDITIONAL INFORMATION This report was prepared in the Office of the Secretary, U.S.
l Nuclear Regulatory Commission. Comments or inquiries on this' report or related matters should be addressed to.
Office of the Secretary U.S.
Nuclear Regulatory Commission Washington, D.C.
20555 J
Telephone inquiries can be made to the Office of the Secretary by dialing (301) 504-1963.
?.PPENDICES i
A.
Definition of Meetings l
B.
Tabulation of Open and Closed Meetings by Month-j c.
Tabulation of Meetings by Days' Notice D.
NRC Regulation as Amended Implementing the Sunshine Act I
(10 CFR Sections 9.100-9.109)
E.
Sample Entry from Index F.
NRC Ex Parte (10 CFR Section 2.780) and Separation of
'l Functions Regulations (10 CFR Section 2.781)
)
)
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l i
APPENDIX A f
Definition of Meetinc NRC's Statutorv Meetina Recuirement The Nuclear Regulatory Commission is a five-member independent regulatory commission established by the Energy Reorganization Act' l
of 1974 (P.L.93-408).
It is responsible for ensuring the protection of the public health and safety through the licensing and regulation of the uses of nuclear materials.
Section 2Ol(a) (1) of the Energy Reorganization Act, 42 U.S.C.
584 (a) (1),
provides that " action of the Commission shall be taken by a majority vote of members present."
L Meetinas Defined by Sunshine Act i
Under NRC regulations, revised in 1985, a " meeting" is defined as l
"the deliberations of at least a quorum of Commissioners where such deliberations determine or result in the joint _ conduct or
(
disposition of official Commission business; that is, where discussions are sufficiently focused on discrete proposals or issues as to cause or to be likely to cause the individual participating members to form reasonably firm positions regarding j
matters pending or likely to arise before the agency.
i Deliberations required or permitted by Secs.9.105, 9.106, or 9.108(c) do not constitute ' meetings' within this definition."
l 10 CFR Section 9.101(c) of NRC's Sunshine Regulations (see Appendix D).
This revised definition has yet to be implemented.
To date, the Commission has treated all discussions of agency business by a quorum of-Commissioners as " meetings" for Sunshine Act purposes.
i For the purpose of tabulating meetings in this report, NRC follows i
the practice of the Commission in deciding whether to schedule topics for Commission discussions.
Most of the Commission meeting sessions other than Affirmation Sessions and Collegial Discussions l
are scheduled to hear a briefing or to discuss a single. topic at some length.
Accordingly, each agenda item scheduled for
~
discussion or briefing is counted as a separate meeting under the NRC method of tabulating meetings in this. report even if several discussions or briefings occur on the same day.-
Each session at which one or more Commission papers were scheduled for affirmation under the limited notation voting procedure described in paragraph 6 is counted as a meeting.
Appendix B includes counts of meeting statistics reported using the above definition, and also using the " Common cause method."
The latter method counts all meetings held on the same day as a-I single meeting, whether that meeting lasts one hour or one day and irrespective of the number of agenda items considered.
Both methods are reported here to allow comparisons of statistics by those who use the Conmon Cause method.
l
l 1
9 APPENDIX B TABULATION OF OPEN AND CLOSED MEETINGS BY MONTH CY 1992 Open Closed Open/ Closed Total Jan (NRC) 4 2
0 6
(CC) 3 2
0 5
Feb (NRC) 5 5
0 10 (CC) 4 3
1 8
Mar (NRC) 9 4
0 13 (CC) 6 1
2 9
Apr (NRC) 9 2
0 11 (CC) 8 1
0 9
May (NRC) 1 1
0 2
(CC) 0 0
1 1
Jun (NRC) 10 1
0 11 (CC) 9 1
0 10 Jul (NRC) 6 2
0 8
(CC) 3 0
2 5'
Aug (NRC) 1 1
0 2
(CC) 1 1
0 2
Sep (NRC) 7 3
0 10 (CC) 5 2
1 8
Oct (NRC) 2 1
0 3
(CC) 2 1
0 3
Nov (NRC) 6 2
0 8
(CC) 6 2
0 8
l Dec (NRC) 10 5
0 15 (CC) 6 3
2 11 j
1 YEAR TO DATE (NRC) 70 29 0
99 (CC) 53 17 9
79
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h.
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.4 4
APPENDIX C~
TABULATION OF. MEETINGS BY DAYS' NOTICE CY 1992 DAYS' NOTICE OPEN CLOSED OPEN/ CLOSED TOTAL 12 or more 56 13
'O 69 11 2.
4 0
6 10 2
0 0
2 9
0-0 0
0 8
1 1
0
-5 7
1 2
Q-
,_5 Subtotal 66-21 0
87 6
1 0
0 1
5 0
2 0
2 4
1 0
0 1
3 0
0 0
0 2
0 0
0 0-1 0
0 0
0 Less than 1 2
5 g
,_g, Subtotal 4
8 0
'12 GRAND TOTAL 70 29 2
19.
s f:
L I
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APPENDIX D 9.80(a) 9.102 l
PART 9 o PUBLIC RECORDS (8) To any person upon a showing of orrosecKDr7 Subpert C-Government in the compelling circumsta.noss affocting Suns Act E*gpleHens the hem.Ith or safety of any individual:
9990 Violatio"
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(9) To either House 9f Congrees or.
(a) An injunction or other court g, goo scop, on.,,,,,t to the extent of matter within its ju.
order may be obtained pursuant to 5 Tbs nubp.rt prescribes prot.edu rs rindiction, to any committee or sub.
U.S C. 552af g) (1-3) to compel NRC to pursuant to wherh NRC meetmps shall committee thereof or to any joint com.
permit an indh1 dual to review, amend be open to pubhc observation pursuant mittee of the Congress or to any sub or copy a record pertaming to him. or to the prous.ocs of f U.S C. 552b. Thas j
committee of such joint committee; to be accomparued by someone of his subpart does not affect the procedures (los To the Comptroller General. or osin choosing shen he reviews his 2 purauant to which NRC records are any of his authorned representathem.
recoil A court order may be obtained
- made sva21 ble to the pubhc for tn the course of the performance of for the payment of a chil penalty im.
- inspecten und copymg which remmn the cuties of the General Accounting P
8 i
I Gy g verned bs Subpart A. catept that the (ll) Pursuant to the order of a court to malntaln a record accurately, or * ****P9 "**d
'I"I N I*I'h"U of competent jurtsdiction.
fans to comply with any provision of 5 Forern m the case of any trquest n'ade U 8 C. 552a, or any proetston of this parsuant to i 9 23 to copy or mspect the j
7 subpart if such failure results in an transcnpts. recordegs. or mmutes j
g y"" *f *
% adverse determination or has an ad.
descnbed in ! 9.10G. Access to records When records concerntng an individ-a verse effect on an individual. Court considered at NRC meetirgs shall ual are subpoenaed or othermise dia-
"; costs and attorney's fees may be contmue to be govemed by Subpart A of closed pursuant to court order. the a awarded in civil actions.
NRC o!!!cer or employee served with (b) Any officer or employee of NRC
~this part.
the subpoena shall be responsible for who willfuDy maintains a system of i
,, assuring that the individual is notifled records without meeting the notice re-5 9'101 Definitions 3 of the disclosure tithin five days after quirements of 6 U.S.C. 552 ate)(4), or As used in this subps.rt:
- such subpoena or other order becomes who 3111 fully discloses information (a) " Commission" means the colle-a a matter of public record. The notice knowing such disclosure to be prohlb.
g!al body of f!ve Commtuloners or a
- shall be mailed to the last known ad-Ited by 5 U.S C. 552a or by any rules or quorum thereof as prended by section l
I dress of the individual and shall con-Terulations issued thereunder, may be f 201 of the Energy Reorganization Act tam the follos1ng informai.lon: (a) guilty of a criminal misdemeanor and 3 of 1974, or any subdivision of that col-The date the subpoena is returtsable; upon connetton may be fined up is a; lertal body authorized to act on its (b) the court in which it is returnable;
$5000. Any person tho knowingly and ' behalf, and shall not mean any body (c) the name and number of the came willfully requests or obtains any U not composed of members of that col-or procteding'; and (d) the nature of record concerning an individual from legial body.
the information sought.
NRC under false pretenses may be (b) " Commissioner" means an inds-
}
l 9.82 Notices of esmergency disclosures convicted of a criminal misderneanor vidual sho is as member of the Com-3 When information concerning an in-and upon conviction may be fined up
-minalon.
to 35,o93, dividual has been disclosed to any
[
"" (c) " Meeting" means the delibera-person under compelling circum-
""T1o8's stances affecting health or safety, the i S.95 SpecFc esemptions-tions of at least a quorum of Commis.
NRC officer or employee who made or stoners where such deliberations deter.
authorized the disclosure shall notify
& %11cwmg records contamedin mine or result in the Joint conduct or the ind2vidual at his last known ad-the do A stedNRCS stems of Records disposition of official Commission 3
(NRC NRC-4 NRC-11.NRC-Ill
,. business that is. where discussions are NRCdd NRC-2h NR C-29. NRC-31.
g su!ficiently ioct. sed on discrete pro-sure e ot sh cont the o lowing information- (a) The nature og NRC-33. NRC-37. NRC-39. and NRC-40)
{1ssues to ca or the informstion chsclosed; (b) the are eselnpt from a U S C. 552s(c)(3).{d).
p person or agency to whom the infor-(e)(i). le)[4)(C). (H). (!), and jflin
- pating members to form reasonsbly mation s'as disclosed; (c) the date of accordance mth S US C. 552aN. Esch firm positions regarding matters pend-ing or Ekely to arise before the the disclosure; and (d) the compelling of these records is subject to the agency. Delibers.tlons required or per-i circumstanees justifring the disclo-pronstons of 19 61:
mitted by iI B.105. 9.106. or 9.108tc) do i
1" is) Coctracts Records Tiles.NRC-k not constitute " meetings" mithin this
(
(b) Equal Employment Opporturary O'II"III*"-
l Records Tdes, NRC4 I
runs Ic) General PersonnelRecortis (d) " Closed meeting" means a meetr
,, (Official Personnel Tolder and Related ing of the Commfulon closed to public a
_! 8 85 ' " * -
observation as provided by I p.lD4.
a Records), NRC-11; (e) *Open meeting" means a meeting i
Tees sLil not be d rped for srwrch 7,
(dlinvest4gstne O!! ices lodea Files.
of the Cornmtanton open to public ob.
for m in ew of records requested
- and Associsted Records.NRC-la, servation pursuant to this subps.rt.
parn.c.t to t*us sutmart or for rnAm8 cnpirs or catracts of records in order to (el Personnel Perfum.ance Appraisals.
(f) " Secretary" means the Secreta.ry Me 'trm n.We for reurw Tees NRC22; to the Commission-(g) " General Counsel" means the ed.he+d puwns to 31 U.S C 483c
$ 'CN "8 E**minIP8 Shd 2 General Counal of the commission as k.nd 31' 5 C P.2..:fMt shall be t.t. reed 5provided br section 25(b) of the
- *' 8 a urht in the sr hedule c.ssntained m (g) & Aent Control Sys tem. NRC-g Atornie Energy Act of 1954 and section h t 4 33 W " 3 y for actuel cr p.es of m
- Act of 197420ltf) of the Energy Reorganization z rere m ec M mduda!s (h)(.7espondecce and Records
. and. until such time as e
j r %v E rn pat 3 Act of M4.
Branch. Of!;te of the Secretary.NRC,31; o ees o at c,er
,tg th om i a.n>u N D.:cc :e Dwwon of Frwdurn (4 Spec 2alingtury Tue.NRC-33; sion. any member of his office special-i !1r:fsr r.ation ar:d Publications Scrwces U)lnformation Security TEcs and ly designated in writing by him pursu-t i
ames the fee leccause of Associated Records. NRC-37; ant to this subsection to carry out his
'tt rA e of 'te adMdud to pay or (k) personr:el Securary TDes and responsibilities under this subpart.
Lerme %g the reords as aJ.ble Associated Records. NRC-39. and 8 9.102 General requiremens.
u %ut tmt or at a reduchon m rnst is ur e w t ir ec p. M cinterest.
(1)Tacdity Secunty Support TJes and Commissioners shall not jointly con-Associated Records. NRC-40.
duet or dispose of Commission bust-u_
ness in Commasuon meetings other April 30,1992 9-12
i 9.105(c l 9.102 PART 9 o PUBUC RECORDS than in accordance w2th this subpart, confidential, including such informa-information provided or requests made Except as provided in i 9.104. every tion s.s defined in i 2.790(d) of this to the Comulon in confidence by port 2cn of every meeting of the Com-title; persons outside the Commission and miss en shall be open to public obser.
(5) Involve accusing any per7.on of a which would not have been provided s ation.
crime, imposing a civil penalty on any or made otherwise; (2) if opening a person pursuant to 42 U.S.C. 2282 or meeting or disclosing any information b9103 General pronsions.
42 U.S.C. 5846, or kny revocation of would reveal legal or other policy any license pursuant to 42 U.S C. Sec.
advice. public knowledge of which The Secretary shall ensure that all
' 36.
or fomally censunng any could substantially affect the outcome C open Ccmm;ssion meetings a.re held in or conduct of pending or reasonably person;
- a beation such that there is reasona-( )
se o m at n of a person-anticipated litigation or negotiations;
- accushes. and adequate visibility and ble race al nature where such disclosure would or (3) if opening any meeting or dis-for public obsers ation. hio e nstitute a clektly unwarranted inva-closing any information would reveal 7 additional nght to participate in Corn-sion of personal privacy; inforTnation requested by or testimony i
m:ssion meetings is granted t.o Eny (7) Disclose investigatory reports or proposals to be giten to other agen-person by this subpart. An open meet-compiled fcr law enforcement pur-cles of government, including the Con-ing is not part of the formal or infor.
poses, including specifically enforce-gress and Se Executive Branch before mal record of decision of the matters ment of the Atomic Energy Act of the requesting s.gency would receive diwussed therein except as otherwise 11954, as a. mended. 42 U.S.C. 2011 et the information, testimony or propos-required by law. Statements of views seq., and the Iherry Reorganization tis. The examples in the above sen-cr expressions of optruon made by Act of 19'l4. as amended. 42 U.S.C.
tence are for illustrative purposes only Ccmmissioners or NRC ernployees at 5801 et seq., or information shich if and are not intended to be exhaustive.
cpen meetings are not intended to rep-Written would be contained in such resent final determinations or beliefs.
records. but only to the extent that t 9.105 Commission prwedures.
the production of such records or in-(a) Action under i 9.104 shall be
-E Such statements may not be pleaded-formation would: (1) 1nterfere with en-taken only when a majority of the cited. or relied upon before the Com-forcement proceedings. (11) deprive &
entire membership of the Commission
- mission or in any proceeding under person of a right to a fair trial or an votes to take such action. A separate
- Part 2 of these reguistiens (10 CFR impartial adjudication. (111) constitute vote of the Commissioners shall be
- Part 2) except as the Cctma.sion maF an unwgrranted invasion of persors.1 taken with respect to each Commis-direct.
privacy. (iv) disclose the identity of a sion meeting a portion or portions of confidential source and. in the case of snich are proposed to be closed to the Members of the public attend.
Sing open ComInission meetings may a record compiled by a criminal law public pursuant to i P.104. or which re-Suse small electronic sound recorders to R enforcement authority in the course f spect to any inforrcation which is pro-Crecord the meeting, but the use of 2 of a criminal investigation, or by an R posed to be withheld under 19.105(c).
8gency condt cting a lawful national A single vote may be taken with re-0ther electronic recording equipment { security intell!gence investigation, con ;a spect to a series of meetings, a portion d
2 cameras requires the advance m-l O and 1
Lwritten approval of the Secretary.
g fidential information furnished only y or portions of which tre proposed to by the confidential source. (v) disclose be closed to the public, or with respect in estigative techniques and proce-to any information concerning such
-8 9.104 Closed meetings.
dures, or WI) endanger the life or series of meetings, so long as each fa) Except where the Commission physical safety of law enforcement meeting in such series involves the finds that the public interest requires personnel; same particultr matters and is sched-otherwise. Commission meetings shall (8) 1Reservedl uled to be held no more than thirty be c!csed. and the requirements of (9) Disclose information the prema-days after the initial meeting in such l
I i 9105 and 9.10'l shall not apply to ture disclosure of s hich would be series. The vote of each Commissioner any information pertaining to such likely to significantly frustrate imple*
participating in such vote shall be re-meeting ctherwise required by this mentation of a proposed Commission corded and no proxies shs,Il be a.1-subpart to be disclosed to the public, action, except that this subparagraph los ed.
shere the Commission determines in shall not apply in any instance where (b) Within ene day of any vote taken accordance s1th the procedures of the Commission has already disclosed pursuant to paragraph (a) of this sec-t 9.105 that opening such meetings or to the public the content or nature of.
tion, t 9.106(a) or i 9.108(c) the Secre.
portions thereof or disclosing such in-its preposed action, or where the Com*
tary shall mm.ke publicly available in i
]
formation. is lik ely to:
mission is required to make such dis-the Public Document Room a sTitten closure on its own initative prior to copy of such vote reflecting the vote (1) Disclose matters that are (1) spe.
taking final action on such proposal; of each member on the question. If a cifically author'2ed under criteria es.
o tabhshed by an Executive order to be or portion of a rnecting is to be closed to E kr pt secret in the interests of national (10) Specifically concern the Com*
the public, the Secretary shall, sithin l
O defense or foreign policy, and (11) in mission's issua. nee of a subpoena, or one day of the vote taken pursuant to the Commission's participation in a paragraph (a) of this section or
- fact properly classified pursuant to civil action or proceeding or an action i 9.106f a), make publicly available in
[ such Executive order; or proceeding before a state or federal the Public Document Room a fuD r 2) Relate solely to the internLi per.
3 administrative agency, an action in a mTitten explanation of its action clos-1 sonnel rules and practices of the Com.
foreign court or international tribunal, ing the portion together sith a list of l
misuon; or an arbitration, or the initiation, all persons expected to attend the
- 13) Dischse matters specifically ex.
conduct or disposition by the Commis*
meeting and their affiliation.
e mpted from disclosure by statute sion of a particular case of formal (c) The notices and lista required by f other thLn 5 U.S C. 552) provided that such statute (D requires that the agency adjudication pursuant to 5 paragraph (b) of this section to be U.S.C. 554 or otherwise involving a de' made public may be withheld from the matte rs be sithheld from the public in termination on the record after an op*
public to the extent that the Commis-tuch a manner as to leave no discre.
tion on the issue, or (11) establishes portunity for a hearing pursuant to sion determines that such information tarticular enteria for withholdmg or Part 2 or simna.r provisions.
itself would be protected against dis-i (b) Examples of situations in which closure by i 9.104(a). Any such deter-refers to particular types of matters to Commission action may be deemed to mination shall be made 2ndependently i
be withheld; j
i4) Disclose trade secrets and com.
be signi!!cantly frustrated are: (1) If of the Commission's determination mere:al or fmane:al information ob.
opening any Commission meeting or tamed from a person and pnytleged or negotiations would be likely to disclose 4
9-13 April 30,1992
s B
9.105(cl 9'1081 b PART 9 o PUBLIC RECORDS pursuant to paragraph (a) of this see
~ (b) The time or plaec of a meeting time of the public announcement of -
?
1 tion to close a meeting, but in accord-may be changed fonowing the public the meeting, or if there is no public ance u1th the procedure of that sub-announcement required by paragraph announcement at the en.rliest practical i
section. Any such determmation in, t a) of this section only if the Secretary time, that in his or her opinion, the
}
ciudmg a written expla. nation for the publicly announces such changes at meeting may be closed to the public action and the specific provision or the earhest practicable time. The sub-and shad state each relevant exemp-i
~
provisions of I 9.104(a) relied upon, feet matter of as meeting, or the deter-tive provision urless the CornmMion must be made publicly available to the mination of the Commission to open votes pursuant to i p.105(c) that such j
extent permitted by the circum.
or close a meeting, or portion of a certification is protected against dis-l stances.
j meeting, to the public, may be closure by I 9.lD4(a). A copy of such changed following the public an-certification, together a1th a state.
591(4 Persons affected and motions for nouncement required by this subsec*
ment from the presiding officer of the
{
reconsideration.
tion only if: (1) A majority of the meeting setting forth the time and
}
}
(a) Whenever any person whose in.
entire membership of the Commission place of the meeting, and the persons determtnes by a recorded vote that terests may be directly affected by a, Commission business so requires and present, shall be retained by the Com-portion of a meeting requests that the mission. The Commission shall main-5 Commission close such pcrtion to the g that no ea.rlier announcement of the tain a complete transcript or electron-pub 11c for any of the reasons referred g change was possible, and (2) the Secre*
ic recording adequate to record funy to in paragraphs (a) (S), (6) or (7) of p tary publicly announces such change the proceedings of each meeting, or and the vote of each member upon i 9.104, the Comnussion, upon request, such change at the earliest practicable portion of a meeting closed to the of any one Commissioner, shall vote public, except that in the case of a
(
}
by recorded vote whether to close such time-meeting, or portion of a meeting, 4
g I*
(c) Immediately following each closed to the public pursuant to para-j public announcement required by this (b) Any person reay petition the graph (c)(10) of I 9.104, the Commis-t Commission to reconsider its action section. notice of the time, place, and subject matter of a meeting, whether sion shall maintain such a transcript, under 19.105(a) or paragraph (a) of or recording or a set of minutes. Such j
this section by filing a petition for re-the meeting is open or closed, any change in one of the preceding, and minutes shall fully and clearly de-I
, consideration with the Commission scribe all matters discussed and shall
- within seven days after the date of the name and phone number of the of-provide a full and accurate summary 3 such action and before the meeting in ficial designated by the Commission to R of any actions taken, and the reasons r question is held.
respond to requests for information 2 therefor, including a description of
[
- (c) A petition for reconsideration about the meeting, shall also be sub " each of the views expressed on any l
e filed pursuant to paragraph (b) of this mitted for publication in the FrprRAl" k item and the record of any rollcall Rtctstra.
section shall state specifically the a vote (reflecting the vote of each Com-w grounds on which the Commission
.missioner on the question). All docu-action is claimed to be erroneous, and (d) The public announcement re-ments considered in connection with j
n a quired by paragraph (a) of this section any action shall be identified in such shall set forth, if appropriate, the ~ shall consist of the Secretary; minutes.
i g of 1 e eeting
'l i g i su (1) Publicly posting a copy of the (b) The Commission shall make l
a petition shall not act to stay the ef g document in the Public Document promptly available to the public, in j
Room at MI, Street, NE Wash-fectiveness of the Commission action 2 or to postpone or delay the meeting in I ington, D.C4 and, to the exten appm-the Public Document Room, the tran-question unless the Commission orders kpriate under the cirrumstances}-
script, electronic recording, or minutes f as required by paragraph (a) of this i
otherwise*
- (2) Malling a copy to all persons on the agenda, or of any item of the section) of the discussion of any item r
8 p.107 Public announcement of Commis, whose names are on a mailing list testimony of any witness recetred at alon meetings.
ma.intained for this purpose; the meeting, except for such itern or i
(3) Submitting a copy for possible (a) In the case of each meeting, the items of such discussion or testimony Secretary shall ms.ke public announce-publication to at least two newspapers as the Commission determines pursu-ment, at least one week before the of general circulation in the Washing-ant to ps.ragraph (c) of this section so ton, RC. metropolitan area; j
meeting, of the time, place, and sub-contain information which may be I
q ject matter of the meeting, whether it (4) Any other means which the Sec-C retary believes will serve to further withheld under i 9.104 or i 9.105(c).
i is to be open or closed to the public, g inform any persons who might be in-Copies of such transcript, or rninutes, and the natne and phone number of or a transcription of such recording terested.
the official designated by the Commis E disclosing the identity of each speaker.
sion to respond to requests for infor-(e) Action under the second sentence shall be furnished to any person upon j
mation about the Inceting. Such an I of paragraph (a) or (b) of this section payment of the actual cost of duplica-i shall be taken only when the Commis-tion or transcription as provided in l
m r of 1 embers ft slon inds that the public interest in i 9.14 The Secretary shall maintain a j
mission determines by a recorded vote prompt Commission action w the nd complete verbatirn copy of the tran-7 to protect the common defense or se-script, a complete copy of the minutes, i
h such g be calle at an ear cu W w to M M W p 6 he N w a complete electmnk recom of l
1.
or safety overrides the public interest each meeting, or portion of a meeting, i
sh m ke pu e o e nt in having full prior notice of Commis-closed to the public, for a period of at j
the time p!sce and subject matter of slon rneetings.
least two years after such meeting, or
{
such meetint and whether open or b 9.108 until one year after the conclusion of closed to the publice at the earliest Certification, trsnacripts, record-any Commiulon proceeding with re-practical time.
2 trigs and minutes.
spect to which the meeting or portion
$ f a) For every meeting closed pursu-was held, whichever occurs later,
]
= ant to paragraphs (a) (1) through (10)
I a of I 9.104 and for every determination i
0 pursuant to i 9.105(c), the General ~
~
Counsel sha.ll publicly certify at the 3
April 30,1992 914 4
1
910S(c)
D PART 9 o PUBLIC RECORDS i
1 (c) This subpart is intended to pro-the General Counsel in appropriate i
- (c)In the case of any meeting closed { vide instructions regarding the inter-pursuant to I 9.104, the Secretary of u circumstances.
the Commiulon, upon the advice of I nal operations of the NRC and is not (2) The General Counsel may re-l the General Counsel and after consul R intended. and does not, and may not.~ quest a plan from the party seeking j
tation with the Commulon. shall de a be relied upon to create any right orTo discovery of all demands then reason-termine which, if s.ny, portions of the ~ benefit, substantive or procedural, en-M ably foreseeable. Including but not b utes and which. if any, items of infor- [forceable at law by a party against theE limited to, n
, electronic recording trar. script or min
- g rom whom discovery is or will be j
f NRC.
o mation uithheld pursuant to I 9.105(c) sought, areas of inquiry. length of
$ contain information which should be ]stot time away from duty invohed. and Product 6on or disciosure identification of documents to be used
- withheld pursuant to i 9.104, in the proNbned unseen approvee by approonste 3 event that a request for the recording.
NRC Off6clal in each deposition where appropriate.
l transcript. or minutes is received I
within the period during which the re-No employee of the NRC shall, m.
(c) The Inspector General or the cording. transcript or minutes must response to a demand of a court or other General Counsel will nonfy the f
be retained, under paragraph (b) of judicial or quasi-judicial authonty, employee and such cther persecs, as this section.
produce any matenal contained in the circumstances may warrant, of the files of the NRC or disclose.through decision on the matter.
I (d) If at some later time the Com-teshmon or other means, any Isac3 Procedure where response to I
mission determines that there la no informstion relating to matenal gemead is f*guired pnor to receiving
{
further justification for withholding contained in the files of the NRC. or instruct 4one.
+
l any transcript, recording or other item disclose any information or produce any If a response to the demand is t
of information from the public which material acquired as part of the required before the instruenons from the t
has previously been withheld, then performance of that employee's official Inspector General or the General i
such information shall be made avail-duties or official status without prior Counsel are received, a U.S. attorney er i
able-approval of the appropriate NRC NRC attorney designated for the
-l
,,, p 9.109 Report to Congress.
official When the demand is for purpose shall appear with the employee j
' The Secretary shall annually report matenal contained in the files of the of the NRC upon whom the demand has i
to the Congresa regarding the Com-Office of the Inspector General or for C been mada, and shall furnish the court j
l 5 mission's compliance with the Govern-information acquired by an employee of % or other authonty with a copy of the i
ment in the Sunshine Act, including a that Office, the Inspectar General is the = regulations contained irtthis subpart i
~ tabulation of the total number of open appropriate NRC officialin all other
' and inform the court or other authonty I
racetings, the total number of closed cases. the General Counselis the E that the demand has been. oris bemg. as meetings, the reasons for closing such appropriate NRC official the case may be. referred forthe prompt l
meetings and a description of any liti-l Procedure en the event of a considerstion of the appropriate NRC gation brought against the Commis-m l 9.202 sion pursuant to the Government in I emand for production or encioeure.
official and shall respectfully request the d
the Sunshine Act including any cost M (a) Prior to or simultaneous with a court or autbonty to stay the demand pending receipt of the requested assessed against the Commission in E demand upon an employee of the NRC innructiona.In the event that an i
such litigation (whether or not paid by g for the production of material or the.
immediate demand for production or the Commission).
disclosure of information desenbed in disclosure is made in circumstances I 9.200 the party seeking production or disclosure shall serve the General which would preclude the proper i
designation or appearance of a U.S. or Subport D~ Production or Disclosure Counsel of the NRC with an affidavit or NRC attorney on the employee's behalf.
in Response to Subpoenos or D,.
statement as desenbed m paragraphs (b) the employee shall respectfully request f
monds of Courts er Other Authori.
(1) and (2) of this section. Except for the demanding authonty for sufficient I
employees in the Office of Inspector time to obtain advice of counsel Ceneral. whenever a demand as made B 9.200 Scope of subpart-upon an employee of the NRC for the O
(a) This subpart sets forth the pro-production of material or the disclosure 8 9.204 Procedure in the eunt of an ad, j
cedures to be followed when a subpoe-cf information described in i 9.200. that verse ruling.
- na. order, or other demand (herein-employee shallimmediately notify the If the court or other judicial or f after referred to as a ' demand") for General CounselIf the demand is made quasi judicial authority declines to
- the production of NRC records or dis-upon a regional NRC employee, that stay the effect of the demand in re-I closure of NRC information. including employee shallimmediately notify the
$ sponse to a request made in accord-e testimony regarding such recorda. is Regional Counsel who. in turn, shall ance with I 9.203 pending recelpt of in-issued by a court or other judicial or immediately request instructions from ei structions. or if the court or other au-(
quast. judicial authority in a proceed-the General Counsel. lf the demand is
' thority rules that the demand must be i
z ing, excluding Federal grand jury pro-made upon an employee in the Office of S compiled with irrespective of instruc-i credings, to shich the NRC is not a g
gg tions not to produce the material or i
party. Information and documents immediately notify the Inspector disclose the information sought. the subject to this subpart include.
Generalhe Inspector General shall employer upon whom the demand has j
(1) Any material contained in the immediately provide a copy of the been made shall respectfully dec!!ne to
?
files of the NRC.'
demand to the General Counsel and as comply with the demand. citing these t
(2) Any information relating to ma-terial cont.ined in the files of the deemed necessary. consult with the regulations and T1nited States er ret General Counsel Touhy v. Rapen. 340 U.S. 462 (1951).
NRC.
f (bXI) If oral testimony is sought by
{
f (b) For purposes of this subpart. the
- the demand. a summary of the testi-Arpenix A { removed l 50 TR 50M term ** employee of the NRC" mcludes all f mony desired must be furnished to the
]
a I NRC personnel as that term is defmed in { General Counsel by a detailed afflda-a l
- i 9.3 of this part. mcludmp NRC vit or. If that is not feasible. a detailed F
statement by the party seeking the 1
e
{coqaps.
7 testimony or the party's attorney, This requirernent may be waived by i
i 9-15 April 30,1992 I
APPENDIX E a
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i Accendix F PART 2
- RULES OF PRACTICE FOR DOMESTlC LICENSING PROCEEDINGS Pataa Cactaren there such senedules : cay c:!fer from F
onowmaty c,y3eg to e,,nac,,
those eisernere presenped in these
, 8 2.??8 haai seeinson, ru2ea or wnere snese rules no net pre-commumcation pronienec n tr.:s 2 (a) The Common wid orcmaruy I
secuon snau ensure tr.at n anc ar.s
? conucer the snole recorn on renew.
(b) Rule on mouons !ct extensions refponses to the Ccmmunica!acn I
mour are ser.ec on tre cartes arc l
8 but may h=:t the issues to be renewec ! "I
{ and censacer cruy im::.:ngs anc concJu-piacea m it:e puosic recoro of :r.e
)
g.
procecoma.tn tre case of cras j
stons tnat mere bneira af ter the fCmt :
_of a nouce of appeal.
Commmson later than tne time pre, mmmumcanons. a wntien summan i
- senped Dy the Secretary or Lt
- e Assist.
must be serveo ano p:aceo in tre puonc ant Secreta.ry or estachshec De an recoro of the procercing.
(b) '"he Com=Imon may adopt.
orcer. T".ne. or regulation of the Com.
Idl Upon receIDt of a commumcation moctfy. or set Luce tne imcmcs. con-
=tssion unirsa good cause as snesT1 for knowmery mace or anowme:y causeo to clusions aan orcer e the guual occi-the late filing-be mace by a cartv m violanen of tn:s
- storu anc wul state tne osaa of sta ad) Presenbe til proecoura! trrsnee-secuen. tne Commission or einer acuen. The fmal cecision stu be m
! uTiting saa aalinc2une:
ments relatmg to ar.y onu arrument acruc:camrv empsover presicarp sn a
,to be held before the Commuaron;
- (1) A statament of imcmts ano con' proceecine mav. to Ine emiem ccr.sment clustons. with the ca.s.s 1or tnem on all te) Extend the time for the Comma-wun me smerests of tusute ano tre matenal issues of fact. law nr c;stre, slon to ru,e on a peuuon for renew poucv of the uncenvmg statutes recuire uon presentes;
- uncer 10 CTR :.;s6tbt; the parti to snew cause wrv its ciasm or
_ !2) A.U fact.s officlafy noticed.
2 (!) Extend the ttme !ct the Comm:n.
interest :n tr.e croceecer srouio not be I
=
l f
saan to gra.nt renew on sta omit motion I unoer 10 CTR 2.786(at other vm acserselv affecrec on account (3) ne r:.;1mg en caen matenal -
(g) Extend tt:oc !ct Comm:szion d "' "* hDD-1 tasue;anc renew on ata own motion of a D. rec.
feI(1)Re prombitions of th:s section t
tor's cenat! unoer 3D CTR 1:06(c),
a pply-L 2
D) When a rotice of Peanne or errer e
i41 The accreer:ste rmms, creer. or i e h) D;reet pleanmrs =:oreperty fded comparaoie orcer is assi.ec m den:a cf reuef. w;tn the e!!ectne a before tne Com=ssion to tne appro.
accoreance won 111:D4 tat 2.105icH:L
{ cue. J
- pr
- ate saJucicatory boarc for acuen:
- --,m
- 04. LL.5f el or L*03. or W Whenever tne mieresten person or ff1771 Peutaan for rwonsidersuon.
Commission aciudicatory emoioyee
~
k tal A peutton for reconsacerauon of responsible for the communication has
- ere recu ti to o p
- a fmt! creiston may or IUed by a party
" c meara NnM issued an the Co-non's p.cadmg recuare. =
t s 57thm ten (10) cars after the cate of menta set forth in th:s part. and fa.Ca { 2Mcl.1*D4. 2. 35ie), or 2 703al 2.mm accFdance wHn il
- the cecatoru No peuuon may be filed t
to set forth an maole W for fur.
sith respect to an maual decmon ahnch has cecome imaJ inrourn fall- :: ther proceecmts;
- p1The pr mbitions of thta sect 2on j
,ure to iDe a nouce of appeal.
(J) Refer to the Atortue Safety a.nd
' cease 2 apph m n pane I
Licensmg Board Panet or a.n Ademis, commumcations rearvant to the ments trauce 14w Jucre, as approonste, re.
(b) The peution for reconstocratton cuesta for hearmes not faning tmder of a Mi or partialinitial decision ween.
a m accorcance wnh 12.78& tre time tias shall stue specificaDF the respecta m i 2.104 of this part. where the recuest.
expired for Commission renew of the
, thsch the fmaJ decisson is cla2med to
- be erroneous. the grouncs of the peu-er is entitled to further proceenmts:
Atomic Salery anc Lcensms Appesi and a (10) cars after a petruen for reconsic i (t) Taae action on m;nor proceduraJ Boaro e cecisions on tne full or part al
- tion. and the retlef sousnt. Withm ten annual cecision.
matters.
t
, ertuon nas been fUed. any other ca.rty -
$ ne wombinons m trus section co
- may fue an ansmcr :n oppoattion to or (#
g,,py
~
In support of the peuuon. However.
Restncted Commun cauons
. 111 Ecounts fer and me pronsson or.
the staff may fue saca an answer status reports, within ts este (12) cars af ter a peuuon i 23ao Es pane commumcat.ons.
for reconascerauon Asa been fuet m Commamcanons specifically
~.
in any proceedmg uncer trus permitted by statute or terutanon:
subpart-(3) Commumcations mace to or by I fc) Neither the fCing nor the grant.
la)1riterested persons outside the Commission adiudicatory employees m
, mg of the peutton stall sr.sy the cecs-asency may not mase or knowmgiy the OfDee of the General Counse}
- 'sion ursess the Cnmmen orcers
- L
'D"*l't cause. to u-mace to at:v Commission rnarem; mouers pencing belo4. mr-aciuduen emosom.~ anv em cane or anoiner apener. ane
- comrn:.sur anon reresam to t :e rnents of 141 Commun cnnor's retarcar;gentmt f 2. 72 Autherst, of the 6ecresary to rule g gpp p..p,.gpg issues mvolvmp puoint rieahn anc saicts i
"E other [ emoinvres muv nnt reouest or eme*tain lb! Comrnlion SGiud. rate.g M oM statumn' MsLonssumhes Cd 1%
When bnefs. monons or epency le p ru;emanaries, corp *essionas 6
y papers issted herem are rutzmitted to 2 from anv interestec person outsice tric
- the Comm=on itaalf, as opposed to branngs on leg:s! anon buopean e officers wito fla.ee been delegated su-agencv or mas.e or knowingry cause to plannmgj not associated with the
- thor 2ty to act for the Com-on. the be mace to arv interestec person resolution of any proceedirt uncer this outsice me are ict and en car
- e succart pendmg before trie NEC.
1 Asasstant tary commumcanon reiesont to tre rnerits ci f2381 separat.on of e nctions.
v (a) Presence seneoules for the finng MCN" of bnefs. mouans. or other paesamtz.
Ic) Anv Con.missmn aca,c:caton ialln any procucmc unen th:s employee m no receives. rr.a et or suopan. anv NRC Officer or empiogee ensapec m the performance of ar:v d
March 31,1988 234
PART 2 o RULES OF PRACTICE FOR DOMESTIC UCENSING PROCEEDINGS mvestisaine or intiaater f uncuan m inat paractach !a) of th's secuen sr.all ensure
" g af a s punct,on....,,,,e 5,,,,,,,,
pmcecome or m a tactuain re.airc that it ano any resoonses to ine ucensing ape.. naara.
proceco:Kr may r'on caruc:cate m or commumcanon are oi. cec te. :te puit aavise a Commission aciucacaton-record of the procecome ano servec on
""" '""** ^DP
emomyee sooat me intmai cr tmai the parues. In tne case of erst i
cecision on any oisputen issue m tr.at commumcanons. a wntien sur : man proceroma. except-must be sersto ano piaceo in the puebc ?
- m" en n"m bv me Coinmissen.
9m wise man Men une seo
(!) As witness or counsei m the recora of the proceecma.
prececome:
Idl(1) The promoinons m sms secuen 2
101 Throurn a wntien commutucation apply-
- '","mM. but noyimneo ia inese unon o
urn an 2m3
)
servro en su carties ano mace on tre a) When a nonce of beanns or errer
["
recora of the proceenme: or cornparaoie orcer is issuco iri f 3) Throuza an oral commurutation accoraance woh il D04lal.n 5le H:1 pr reo ast e n
mace botn wita reasonscie prior nonce
- Pcl 2.204. 2.205ie). or 2? 1 or s peci,,
[
to au parues anc with reasonacie lu) Whenever an NRC cfficer or r
cpportunity ter all carries to rest'onc.
empicyee wno as or has reasonand tb) The voraoinen nr. parsa apn la # of caose to bebeve rie or she weil be this section coes not appsy to-eneaped m the penorrr.ance of an (1) Commumcenons to or from any mvestgauve or utwatmp runcuen or a a
Cornmission aciuoicatory empmye, Commission aosuoicatorv empiovee nas resaramp-knowiense tnat a nonce of rieanr3 or b) The status of a protecome.
otner comparamie oroer will be issueo m (til Matters witn resaro to wnica ine actornance witn il 2.1Dela!. 24051e)(:;.
commurucanons speciucadv are 1200!ch 2.204. 2.00$f el. or 2?C1 penmtted ov statute or terusauen.
Cl The proniomons of ints section Im) Arency particioation in te.auers wui cease 10 aconv to the oisputec issues pertment to a full or ca nal mmat penome octore a court or anotner e
2 occision wnen m accorcance wun a gency: or Dvl Genene issues mvoivmr puoiic
- 12. 86. the time nas expireo for hesita ano satery or otrer statutorv
. Commission review of the Appeaa
[
2 o responsibihues of trie arency te s
- Boaro s cecision on the fullor parna)
- ruiemasmas. congressional neannas on irubal dectsion.
- legisistion. cuopetary piannmg) not (e) Commurucanons to. from. snd I associateo wim the resoluuon of ant between Commission an<ua cato*y
- pmcerams uncer trus suopart penomg employees not pronibited bv mis secuon before the NRC.
may not serve as a concurt for a f 21 Commurucanons to or from commurucanon that otherwise would be Commissioners.memoers of their pronibited by this section or for an ex 3 e mai staffs. Commission parte commumcation that otherwise aedicatory empiovees in the Office of would be prohibited by.12Jaa the General Counset and the Secretary (f)If an miual or fmal decis on is and empiovres of the Office of the stated to rest in wnoie or tn part en fact Secretary. reraroms-or opmion obtameo as a result of a (illnitauon or cuecuan of an commumcanon authonzen by inis mvest:sauon or tmtianon of an secuon. the suostance of the enforcement protecoms.
communicanon must be specified in me fulSupervision of asency staff to recorc of the proceroms ano every pany ensure ccmpuance witn the general must be affororo an opportunny to poincies ano proceoures of the agency:
controvert the fact or opmion. lf the ini) Staff pnont en sna scheduies or parues have not had an opporturuty to the allocauon of agency resources or controvert the fact or opmion pnor to Dv) Cencra: reru.aion. scienuhc. r, the filmg of the cecision. a pany may eremeennp pnncioaes trat re useful fer cumrosert the fact or opituun br filmr an understancina of the issues in a dn appeal from an trutial decismn. or a i
proceecm: a ic are noi contesten m see peuuun for reconstocraison of a feal procecomp ce cision that cieany ano cunc:sen sets (3) None of the comm: rucanons IDnn mt Huonnanon or areument rehed permuted bv paragrapn ibli2) D}-lui) of on to snow the comrarv. li appropnaie this section is to be associateo bv the a party mar De afforced the opponuruty Comrruss:en ediudicato*y ernmoice o, for emes.nammanon or to preseni the NRC ciiscer or emplotee perio mms
_ rebuttal evidence, mvesureuse orlingstmg funcuons witr the resoignon of ant pmtee::t e unoer f
trus suopazi penoir:: before tne NFC 2
Ici Ant Cornr.%ssen amiu.:scatun 2 Aeoane Sarnr ama t :cznstna Arem empiover uno recess es a f
Boaas communicataan orernouro uncer 2L 244a March 31,1988 m.m mnas 5
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