ML20035D806
| ML20035D806 | |
| Person / Time | |
|---|---|
| Issue date: | 12/18/1991 |
| From: | Quittschreiber Advisory Committee on Reactor Safeguards |
| To: | Advisory Committee on Reactor Safeguards |
| Shared Package | |
| ML20035D698 | List: |
| References | |
| ACRS-2791, NUDOCS 9304140047 | |
| Download: ML20035D806 (11) | |
Text
.
[>R MCgigo UNITED STATES l
NUCLEAR REGULATORY COMMISSION n
{
,E ADVISORY COMMITTEE ON REACTOR SAFEGUARDS 0,
4 W ASHINGTON, D. C,20555
s, f
...,+
December 18, 1991 MEMORANDUM TO:
ACRS,Mgmbers
' /,
i ;.
FROM:
Gary'-quit tschreiber, Chief, Reactors Branch
SUBJECT:
BALLOTS FOR EDO RESPONSES TO ACRS REPORTS During the December 1991 meeting the Committee decided to review those EDO responses to ACRS letters that have been received during j
the past 6 months.
This will be done to see whether the EDO has been responsive to the Committee's comments.
Enclosed are ballots, ACRS Reports, and the corresponding EDO responses for 8 response letters that have been received.
Four EDO response letters are not included in this package since the Committee has either already written a response or is scheduled to write a response.
These are:
Regulatory Impact Larvey, i
I Consistent Use of PRA Metrication Policy Diesel Generator Reliability Please fill-out the attached ballots and return them to me.
I will tabulate the results for further discussion at the January 1992 ACRS meeting.
Attachments:
with associated ACRS reports and ballots 1.
From J.
Taylor to D.
Ward, re: Documentation of Computer Codes, dated June 17, 1991.
2.
From J. Taylor to D. Ward, re: " Proposed Criteria to Accomodate Severe Accidents in Containment Design,"
dated August 5, 1991.
3.
From J. Taylor to D. Ward, re: Evaluation of Risks During Low Power and Shutdown Operations of Nuclear Power Plants, dated September 18, 1991.
j 4.
From J. Taylor to D. Ward, re: " Options Contained in SECY-91-210 for Completing the Inspections, Tests, 9304140047 920312 PDR ACRS ATTACHMENT C 2791 PDR l
1
)
o l
Analyses and Acceptance Criteria (ITAAC) for Standard j
Design Certifications, dated September 30, 1991.
i 5.
From J. Taylor to R. Fraley, re: ACRS Action Regarding Draft Commission Paper on Site i
j Characteristics to be Used in Part 100 Revision and Large Release Definition, dated October 4, 1991.
l 6.
From J.
Taylor to D. Ward, re: Proposed Resolution
{
of Generic Issue 130, " Essential Service Water j
System Failures at Multi-Sites" and Task Action Plan for Generic Issue 153, " Loss of Essential Service Water in LWR's," dated October 28, 1991.
1 7.
From J. Taylor to D. Ward, re: Regulatory Guides t
Being Developed in Support of the Revised 10 CFR Part 20, dated October 30, 1991.
j 8.
From J.-Taylor to D. Ward, re: Steam Generator i
Tube Repair Limits, dated December 6, 1991.
L l
Copy to:
S. Duraiswamy I
R.
Fraley R. Savio I
i I
i e
I l
i i
l 1
i l
s j
HANDOUT-(5)
{
l t
DRAFT 1:l/6/92 i
Fraley/ car Rowe Gen.:FACA l
~ '
PROPOSED 199l AMENDMENT TO FACA m
N
.f This proposed amendment includes:
I i
I)
Various miscellaneous editorial tyne chanaam without substan-tive 4=nact on ACRS activities.
For example, authorization for any new committee must include a determination in writing which shall:
"(2) contain the plan for achieving a. fair balance in the committee +unborship."
(Page 9,
Section 4 (c) (1) and Page 10, Section 6(b) (2)
.j r
I 6
II)
Several chanaes of intarast but with little if any i=nact on I
ACRS activities.
For example:
l q
1 (1)
Paan 3.
Section 3(5)
"(8) the function of advisory committees should be advisory, and determinations of c
l action to be taken and policy to be expressed with respect to advisory committee reports or recommendations shall be made solely by the President or any officer or employee of the Federni Government."
I (Note: This eliminates the requirement that the determi-nation be "in accordance with law by the official, i
agency, or officar involved."
l ATTACHMENT O' t
T ATTACHMENT B g
s 2
(2)
Pace 4.
Section 4 (1) (2) (c) (iv) exempts from FACA "any committees composed wholly of full-time officers or employees of State or local governments acting in their offiBial capacities who are directed by statute to meet with Federal officers or employees regarding programs which are shared by Federal, State, and local governments or which are administered by State and local governments."
(3)
Paces 12, 13.
14.
Section 7(a-ci defines what a
" utilized" committee is as a " committee or other group composed in whole or in part of other than full-time employees of the Federal Government, with an established existence outside the Federal Government, and which the i
i President or one or more agencies or officers of the Federal Government adopts, such as through institutional arrangements, as a preferred source from which to obtain aavice or recommendations on a specific issue or policy within the scope of their responsibilities."
In addition, specific requirements are spelled out in Section 7(d), Pages 13-14, regarding:
1) a clearly defined and detailed statement of purpose for and objectives of the Committee.
i
/
t i
V i
4
,_..n a
m i
l l
i 1
l 3
2) provisions to assure that advice and recommenda-tions of the committee shall not be inappropriately influenced by the appointing authority or by any special interest.
3) whether and how the membership is fairly balanced I
and if not, why it is necessary to obtain advice from a committee lacking such balance.
i 4) have a charter consistont with applicable portions of FACA.
1 I
l l
5) to the greatest extent practicable and consistent with their functions, conduct their business 4.
through public meetings and make their records publicly available.
l l
III) Chances which may 4-ct on committee functions / activities in an indirect way For example:
l 1)
Pace 12. Section 6fcif1) the membership of an advisory committee shall be fairly balanced in terms of points of view represented and the committee functions to-be performed, in accordance with the plan required by FACA.
h
4 In developing the balance plan, consideration shall be given to including members from interests which will be directly affected by the work of the committee and to obtaining expertise relevant to the work of the commit-tee.
(Note:
Literal compliance with the " plain word" meaning of this requirement could change the make-up of the commi+. tee considerably.)
2)
Pace 40, Section 10 (2 ) (b) (1) permits agency heads to abolish statutory committees under certain conditions (e.g.,
the tasks of such committee are complete or obsolete).
The Congress may reestablish it within a 180-day period if the Congress determines that it is necessary.
(Note:
This is not likely to directly affect the ACRS but could have an adverse impact on the public image of the Committee's independence.)
3)
Paces 23 and 24, 11(c)(5)(A) provides for appointment of committee members who are Federal employees (e.g.,
Special Government Employees) and represent the interests of the United States and non-Federal employees who are to f
f/
l i
i 5
i represent parties or interests other than the United i
States.
A special set of financial reporting requirements and exclusions are defined for non-Federal i
employee members.
i l
(Note:
This would permit membership by
- persons who j
t represent an organizational interest rather than their I
i own expert opinion.)
l l
i I
4)
Pace 30. Section 11(c) requires that "Within one year after the date on which an advisory committee submits formal recommendations to an agency, the agency head l
shall submit a report to the Congress describing either i
proposals for action or reasons for inaction with respect to such recommendations."
(Note:
This was previously a requirement only for i
Presidential advisory committees.)
i IV)
Chances which will innact directiv on Ca==ittee activities, as follows:-
(1)
Paae 5, Section 4(A)(B)(C) meetings have been defined as follows [Section 4(4)]:
s 6
"Any hearing before or deliberation among:
(A) a majority of members of an advisory committee; (B) a majority of members of a subcommittee or other subgroup; or (C) any smaller number of members which is authorized to act on behalf of the committee, or subcommittee or other subgroup thereof."
[ Note:
This definition of a meeting has been added, and along with Section 3 (Page 5) suggests that the exemption of 41 CFR 101-6.1004 (k) that exempts certain types of subcommittee meetings (e.g.,
those meetings held for purposes of gathering information, conducting research to analyze relevant issues and facts, or to draft proposed position papers !7 the full Committee) is no longer applicable to subcommittee / subgroup activities.
This would inhibit the flexibility to hold closed subcommittee meetings and closed site visits.
This definition along with Section 3 (Page 5) and Section 9 (Page 3) also indicates, however, that only meetings which are hearings or deliberations to conduct Committee business are subject to the openness, or perhaps any,
//
7 l
requirements of FACA.
This could mean that meetings to
(
conduct internal Committee business (e.g., sessions which are not for the purpose of formulating advice to the agency) need not meet the requirements of FACA.
l This section along with Section (3), Page 5, also appears to affirm the guidance previously provided to us by the GSA Advisory Committee Secretariat that informal a
discussions among members (e.g.,
a discussion during dinner about reactor safety that is not conducted as a
{
specific Committee function) is not a Committee meeting.
~
Additional review and analysis of these
- sections, I
t including a review of the legislative history, will be required to determine their impact on Committee activities.)
1 j
(2)
Pace 34.
Section 13(b) requires that "an advisory 8
committee may not report advice or recommendations without first holding a meeting at which a majority of the members approve the advice or recommendations to be reported."
[ Note:
ACRS Bylaws permit minor decisions to be made by a majority of a quorum (one-half of the members). Advice h
- s 8
or recommendations to NRC which are minor decisions will have to be precluded.)
(3)
Pace 35. Section 13(c)(2) requires that documents which are not exempt under FOIA be made available for public inspection and copying at least 48 hours5.555556e-4 days <br />0.0133 hours <br />7.936508e-5 weeks <br />1.8264e-5 months <br /> in advance of the meeting during which they are to be discussed or acted upon.
(Note:
Although this would be helpful in making such documents available prior to a meeting, it could also inhibit the staff from making any draft documents or predecisional documents available until they are final versions ready for public release.)
(4)
Pace 35, Section 13fc)(3) eliminates the authority to withhold documents per FOIA Section (C) (5) which are prepared for internal agency use.
This would not permit the committee to withhold predecisional documents, preliminary drafts prepared for internal agency / committee use only, etc., and could require the public release of draft committee reports, internal menos prepared by committee members, etc.
S/
,, s i
1 i
9 I
i (5)
Pace 36. Section 13 (d) requires that minutes of committee l
meetings, including subcommittees and other subgroups be l
certified by the chairman within 45 days after the i
meeting rather than the 90 days now permitted.
I 1
(Note:
This will put an increased burden on staff and i
members to get meeting minutes prepared and certified.)
i
~
)
h A
4 I
4 i
l 1
l
)
)
1 g
- -