ML20035D852
| ML20035D852 | |
| Person / Time | |
|---|---|
| Issue date: | 12/26/1991 |
| From: | Fraley R Advisory Committee on Reactor Safeguards |
| To: | Fonner S NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| Shared Package | |
| ML20035D698 | List: |
| References | |
| ACRS-2791, NACNUCLE, NUDOCS 9304140057 | |
| Download: ML20035D852 (4) | |
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UNITED STATES NUCLEAR REGULATORY COMMISSION I
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ADVISORY COMMITTEE ON REACTOR SAFEGUARDS
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o, WASHINGTON, D. C. 20555.
%,.... + $,g December 26, 1991 i
MEMORANDUM FOR:
Susan Fonner, Senior Attorney, OGC RaymoghF.
FROM:
Fral Executive Director ACRS/AUNW
SUBJECT:
S 2039 FACA AMENDMENTS OF 1991 l
Attached are some comments and recommendations regarding the i
proposed FACA amendment.
Members of the ACNW have - agreed in l
principal with these positions.
Members of the ACRS will provide l
comments approximately January 15, 1992 af ter discussion during the i
ACRS 381st meeting (January 9-11, 1992).
Trip has indicated that the ACRS comments will be handled, when they are received, as a supplement to the primary set from the agency.
I'll be prepared to discuss these items further during our meeting on December 30, 1991.
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~i ATTACHMENT E 9304140057 920312 PDR ACRS pg 2791 j
a e s Comments / Recommendations Regarding Proposed 1991 Amendment to FACA e
Section 6(c)(1) requires that Committee membership be fairly balanced in terms of the points of view represented and the Committes functions to be performed In developing the balance plan, consideration shall be given to including i
members from interests which will be directly affected by the work of the Committee....
Comment This apparently means consideration of persons who have ties with nuclear vendors, nuclear utilities, nuclear AE's and constructors, etc.,
for membership.
This could seriously impact on the independent nature and the public perception of the independence and quality of advice received by the agency particularly for regulatory agencies such as NRC.
Section 10 (b) (1) provides a
mechanism for agencies to terminate statutory committees when certain conditions are met.
This could seriously impair public confidence in the independence of advisory committees such as the ACRS.
Committees established by Congress to provide a " watchdog" function should be exempt from this section.
/
e Section 11 (c) (4 ) requires that the agency head appoint a l designated Federal official for each advisory committee.
Section 13 (4) (f) (1) requires that this DFE attend the advisory committee meetings and no advisory committee shall conduct any meeting in the absence of such official.
This is an impractical requirement when multiple meetings of sub-groups are held simultaneously, particularly when they are held in different locations (cities). A mechanism to delegate this authority is needed or a qualifier for sub group (activities.
e Section 11(e)(1) requires that the agency head provide a report to Congress, within one year, which describes the actions taken or the reasons for inaction regarding formal recommendations it has received from an advisory committee.-
This could represent an undue burden for each report since the ACRS provides 40-60 reports per year and the ACNW an additional 25-30.
A single annual report for each committee would be more practical.
Section 13 (c) (1) and (3) appear to be contradictory.
Section (c) (1) permits withholding of documents from public i
inspection and copying per Section 52(b) of Title 5 (FOIA) but
2 section (3) says Part 52 (b) of Title 5 does not apply to withholding of any committee record.
Failure to permit withholding would preclude the ACRS ability to perform its statutory duty with respect to controlled information, Proprietary Information, information of a
personal (private) nature, etc.
e Section 13 (a) (3) (2) requires that any documents to be discussed or acted upon during a public meeting must 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 each meeting.
This could delay ACRS review of documents provided for Committee consideration which are being prepared and reviewed on an expedited schedule and are frequently hand carried to the ACRS offices the day of or the day before the meeting l
during which they are to be considered.
It would also preclude ACRS review of internal agency documents (e.g.,
l predecisional documents) which are not normally released by the NRC until after the Committee review has been completed.
[Section13(a)(1) requires that open public meetings be held e
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{ c"o(B) in a meeting room sufficient to accommodate advisory g
mmittee members, committee or agency staff, and interested j
- members of the public."
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The requirement to accommodate any and all members of the public who may decide to attend a
public meeting is impractical. The number to be accommodated should be based on those numbers reasonably expected to attend based on past
( experience and/or expressions of specific interest.
e Section 13(b) reauires that:
An advisory committee may not report advice or recommendations to the President of an agency without first holding a meeting at which a majority of the committee members approve the advice or recommendations to be reported.
ACRS and ACNW Bylaws permit a majority of a quorum to take some actions M on behalf of the committee.
This proposed requirement for a majority of all committee members to approve all actions could cause operational problems in completing committee business when the meeting is being conducted by a quorum of the membership (50 percent of the members).
Section 10 f e) (1) requires that agency heads submit an annual report to the Administrator regarding the activities of advisory committees reporting to,
- advising, etc.,
their
r y e* 1 3
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agencies rather than have the Administrator of GSA responsible for this function.
The GSA/ Advisory Committee Secretariat has the personnel and experience needed to prepare such a report and has done an outstanding job in the past. This function should remain with GSA since transfer to agency heads would create an additional l
burden on the agency and confusion about the details of the report from agency to agency.
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