ML20036B991

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Notation Vote Response Sheet Approving in Part & Disapproving in Part w/comments,SECY-93-034, Agency Policy Re Public Meetings Held by Staff
ML20036B991
Person / Time
Issue date: 04/16/1993
From: Curtiss J
NRC COMMISSION (OCM)
To: Chilk S
NRC OFFICE OF THE SECRETARY (SECY)
References
NUDOCS 9306080234
Download: ML20036B991 (2)


Text

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!" RELEAbhDTObh PkfR NOTATION V0TEj g,/f/93 cg, date' inyais RESPONSE SHEET T0:

SAMUEL J. CHILK, SECRETARY OF THE COf44ISSION FROM:

C0tfilSSIONER CURTISS

SUBJECT:

SECY-93-034 - AGENCY POLICY CONCERNING PUBLIC MEETINGS HELD BY THE STAFF APPROVED X/in part DISAPPROVED X/in part ABSTAIN NOT PARTICIPATING REQUEST DISCUSSION C0141ENTS:

See attached comments, W

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SIGNATURE RELEASE VOTE

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April 16,1993 DATE WITHHOLD VOTE

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ENTERED ON "AS" YES x

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Commissioner Curtiss' Comments on SECY-93-034:

1 Regardless cf what the current practice may be, the staff's proposal reflected in the draft Management Directive and Handbook is a substantial extension of our currently published open staff meeting policy.

For this reason, I believe that we should solicit comments on the proposcl from those who will be most affected by this open meeting policy.

Accordingly, I agree that prior to issuance of the proposed Management Directive and Handbook and before formal agency-wide adoption of this extended open meeting policy, the staff should prepare and publish a proposed policy statement and solicit public comment on the proposed notice /open staff meeting policy.

As to specifics, the proposed policy statement should explicitly address the substantive concerns about the proposed policy raised by the American Mining Congress (AMC) in its letter of February 4,

1993 and solicit comments on AMC's concerns.

In addition, the policy statement (and the Management Directive and Handbook) should make it clear that the proposed policy applies to NRC staff-sponsored / conducted meetings and not to meetings conducted by outside entities that NRC staff members might attend and participate in.

The proposed policy statement, Management Directive and Handbook should also contain an explicit waiver I

provision to make it clear that this meeting policy is wholly a matter of NRC discretion and can and will be departed from as NRC convenience and necessity may dictate.

Finally, the policy statement, Management Directive, and Handbook should be modified as necessary to address the comments and concerns on the proposed policy and should be submitted to the Commission for final approval.

1 The current practice, apparently, is sufficiently unclear that it requires the issuance of the Management Directive and Handbook on the open meeting policy that is proposed in SECY 034.

2 The purported waiver provision in the currently-proposed management directive -- as reflected in the staff's March 31, 1993 memorandum responding to my inquiry on this matter -- is far too subtle.

I would recommend that the proposed notice / meeting policy be formulated in such a way that the policy statement, Management Directive and Handbook explicitly provide that the policy may be waived (e.g., meetings can be held with less than 10 calendar days notice or no notice at all when circumstances warrant) when NRC convenience or necessity in a particular instance so requires, with the written agreement of the appropriate branch chief.