ML20044B608

Consults W/Commission Re Issuance of Uniform Agency Policy Governing When Meetings Held by Staff Should Be Open to Public Attendance & How They Should Be Announced

ML20044B608
Person / Time
Issue date:	02/10/1993
From:	Taylor J NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To:
References
SECY-93-034, SECY-93-34, NUDOCS 9302120160
Download: ML20044B608 (26)

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P POLICY ISSUE (NEGATIVE CONSENT)

February 10, 1993 SECY-93-034 For:

The Commissioners From:

James M. Taylor Executive Director for Operations Subiect:

AGENCY POLICY CONCERNING PUBLIC MEETINGS HELD BY THE STAFF

Purpose:

To consult with the Commission regarding issuance of uniform agency policy governing when meetings held by the staff should be open to public attendance and how they should be announced.

Backaround:

The agency has operated under a policy on open meetings which was approved by the Executive Director for Operations and published in the Federal Register on June 28, 1978 (43 FR 28058) (Enclosure 1).

Although the policy statement announced the practice of permitting the public to attend meetings between applicants and licensees and the NRC staff, it did not specify how the agency would notify the public of such meetings.

Moreover, NRC offices and regions currently differ in how they define open meetings and are inconsistent in how they announce those meetings they believe to be open to the public.

Contact:

NOTE:

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For example, in one region meetings between licensees and division directors-and above are announced as open to the public, while meetings held by staff.below division director level are not announced at all.

This policy is reversed in another region.

There, meetings between licensees ~and regional technical staff are open to public observation, while meetings between licensees and senior NRC regional officials are not normally open.

The mechanisms by which meetings are announced vary widely also.

Two program offices and one region announce their.open staff meetings by telephone recordings, whereas the other offices and regions do

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not.

Those program offices'also send meeting notices selectively to the Public Document Room and Local Public Document.

Rooms.

The regions issue. press releases to announce meetings only if they believe the meetings will be of sufficient.public interest.

Two regions also send meeting-notices by facsimile to interested media.

contacts and one region sends meeting announcements to a variety of local community-access cable TV channels.

Discussion:

To provide consistent,~ explicit guidance in these areas,.I directed the. staff to draft the attached Management l Directive 3.5,

" Announcing Meetings Open to the Public"-

(Enclosure.2). It: revises and supersedes the.

previous policy on opening. meetings contained in the 1978 Policy: Statement on Open Meetings.

The directive also establishes a central, uniform system for

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public access to staff meeting announcements.

To clarify. for the staff: the.

scope of meetings encompassed;byithis-policy, the statement defining open' staff meetings includes examples'of a1 variety;of meetings typically open-totthe public'and-those' typically closed to the-public..Upon-approval of this directive, the staff will' issue a Federal Register notice. announcing this' revision of the open' meeting policy-

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statement and noting its availability.

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3 The centralized system for. announcing open staff meetings,~to be operated by the Office of Administration, will provide.the.public with access to a toll-free telephone recording of meeting announcements.

Open meeting announcements will also be posted'in the Public Document Room.

A toll-free public-access electronic bulletin board is' currently under development for agency.

meeting announcements.

The Office of.Public Affairs will continue to notify the news media of the more significant meetings, both-at headquarters and in the regions.'

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.The definition of open staff meetings and the system designed to announce them specified in this directive do not apply to the Commission, to offices that. report directly to the' Commission, or to-agency organizations governed by the Federal

. Advisory Committee Act.

coordination:

The Office of the General Counsel has no legal objection and the Office of Public Affairs concurs.

Recommendation:

It-is my intent to issue Management Directive 3.5, " Announcing Meetings open to I

the Public," to publish in the Federal Register a notice of the change in the 1978 Policy Statement, and to issue a press release about these changes'within working days from the date of this' paper unless I am. instructed otherwise by the Commission.

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w dkIsM' or xecutiv Director for Operations

Enclosures:

As stated

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SECY NOTE:

In the absence of instructions to the cont *rary, SECY l

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will notify the staff on Thursday, February 25, 1993,

.that-the Commission, by negative consent, assents to the action proposed in this paper.

DISTRIBUTION:

Commissioners OGC OCAA OIG OPA OPP REGIONAL OFFICES EDO SECY

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UNITED STATES NUCLEAR REGULATORY COMMISSION RULES and REGULATIONS

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TITLE 10. CHAPTER 1. CODE OF FEDERAL REOULATIONS-EN!ROY COMMISSION NOTICES POLICY STATEMENTS v

CONDUCT OF PROCEEDINGS summt.fy of the unclassified and non-reamantamoch of the entire regulateep a3 Fet 78o5e Panexes a/2sna proprietary portions of such meetings structure. Aftee D4L ier ovet a year and and Iorsard the summary to interest.

a halt the Cowa===aan*e attestsee and poursuc uCINSE APrpCATIONI -

ed persons unable to attend so that fueurten wefe foceand oRp&ais wbcb they will be informed of shat tran*

were already 1; ceased to operate and on op as..e,...d s,......e.# we e se.M b pNpa m denas m # W &

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te d ce siI n i e trnit solel b The Nuclear Regulatory Commis-cause preliminary opinions, recom-8Pecified changee necessary far seammann ston's (NRC's) regulauons in 10 CPR mendations, or advice till be offered as a result of the essidesa. -

2.102 permit applicants to confer in-on the merits of the applications Although etsf review of pundlag formally with the NRC technical sta.!!

during the meeting.

license a licetous was delayed durtig during revlems of domestic license or When a party or petitioner for leste this pe utilities wisch had secobred permit appilcations. Dese enettings to intervene requests, rea.sonable ef-constructice permile ccattnaed to bald -

have served as an essential means for forts s111 be inade by the NRC staff to b authorised ph %e Ma51s aw the exchange of technicalinformation inform the party or petitioner of dag h4 NWW e b appbane exp and views necessary for the technical forthcoming meetings conducted by and an unprecedensed pasabes of review of app!! cations. For several the NRC technical staff so that appro.

hearings are odiodeled in the seal 2&_

yearn other parties or potendal parties priate arrangements for attendance to domestle Deensing proceedings, as can be made. It is recognized that in scathe. Many of these pn a=*7 weD as members of the general publ6c.

some cases the need for a prompt ccacern epplications for operstang have, upon request, been permitted to meeting may make it impossible cr im-licanase. If these peoceedinge are not -

attend applicanbHRC technical sta!I prscticable to notify su parues and pe-concluded prier to the complause of meetings as observers. Itosever, the titioners. The pol ey desertbed above constructiost tbe cost of ouch deley Commission's regulations do not re*

also cannot practicatly be applied to could reath bilhone ol dollam%e I

cutre that others be permitted to chance encounters betseen NRC tech

• Commletion will seek to eveld or reduce attend such informal toectings be*

nical staff personnel and other parties such delays whenever measures art -

tween appilcant and staff, and the or petitioners but such chance encoun-avageble that do oet compromies the general practice being followed in this ters stil not be permitted to serve as a Commission's fudassental comuniJnant regard has never been fortnallt artleu-source of information for the condact to a felt and thorough hearing procus.

lated. This staternent is intended to of 11 censing revles s.

provide such articulation. It is also Barefore.the fhnJaalan ts laauing noted that this matter la related to the this polley statement on the need for the provision for increased pub!!c partiel-45 FM 28533 balanced and eKacleat conduct of au.

om is I du ing its Id atto PN's 5/2U51 phases of b Maring process.De Commission appreciates the many of NUREO 0292 (Denton Report).

As a general roatter, the Commission Stgtement of poGey on Conduct of coeducting these contentious and and staff try to involve concerned esti-Weneg Pad $

complex proceedings. Dy and large. the -

sens in any Commission activity in boards have performed very well.D!s i

which they have expressed an interest.

1. sac 1 ground document is intended to detj with -

All meetings conducted by the NRC The Commission has reWwed the problema not prunar0y of the boards' I

technical staff as part of its review of docket of the Atomic Safety and own making However, the boards wi!!

a partleular dornestic license or permit Licensing Board Panel ( ASulP) and the play an in'Pe'rtant tog la reeclvtag secle application (including an applicatien ior an amendment to a license or current status of proceedings before its permit) w133 be open to attendance tF individual boards. In a series of public in dual ad@cetory Ms am i

all parties or petitioners for leave to meetings, the Comunfuloa has enemined encouraged to expedite the bearing intervene in the case. These meetings at length all major elements la lie Proc *ee by using those management -

are intended by the NRC technica3 heensing rocedure. Itis clearthat e M4" EM staff to facilitate an exchange of infor-number dif5 cult Problems fece the the Cosamtssion's Rules and motion between the applicant and the spency es it endeavore to meet its Regulebene The Comaussion wiebes to staff. It is espected thet the NRC

- technical staff and the applicant will responsibdilles in the licensing area.

emphaaise though that.in expeditnog the -

acuvely parucipate in the meetins.

TWe le espoonaDy tbn emma web sessed to hearings, the bened should ensuse that Others may attend as observera, uke

• staf revismo and heartage6 where the heannes are fair,and peaduce a t'tse, when meetings are scheduled be" g M int # d='aluruselser g Amg g g -

p*'*er plaat operosas heummes' deciosome that adegnesely protect abe I

ttt one, ap li ta sout t per F e h. K W

public beahh and safety and also mitted to attend only as otaervers.

Mvienshevebens ann envisemment.

he general policy of open meetings hamme leased by the tus b&

VistumEya5 d the poemadusal destems described above will admit of only a.

few exceptions, which must be ap-plant ie reedy te ephblem496 escuemed htd h 8htummatare W proved by the Director of the relevant Srst time due be6 en a muuhes of g,g

,ggg, g,,g,g dJvision. Por example, some persons operstag linumes epplesademo seep ast

,W_ m,g g,,g,,,,,,,g,,g may not be permitted to attend meeb be cuncheded befese samsteneghesis

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,,g, g, inss shere classtrted or proprietary in-onempleess, Tide essmaelesalm a "Wanded W Mme h h fortnation uncluding sensitive safe-cocaagnemme ni ghe Theen MhIeIel mud Ab g,

svards information) La to be discuued M assedsatWhich seydred 86 guidenes estleeth ase mai ns bo The NRC staff sill prepare a written" PS-CN 1 AprH 30,1992

Announcing Meetings Open to the Public Directive 3.5 1

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Volume 3, Part 1 - Publications, Mail, and Information Disclosure Announcing Meetings Open to the Public Directive 3.5 i

t Contents 1

Policy.................................................................

O bj ect i ves............................................................ 1 Organizational Responsibilities and Delegations of Authority..........

2 Executive Director for Operations....................................... 2 Office Directors and Regional Administrators............................. 2 Director, Office of Administration (ADM)................................ 2 Director, Division of Freedom of Information and Publications S e rvi ces, AD M................................................... 2 2

A p p l i cab i l i t y....................................................

H a n d b oo k........................................................... 3 R e fe r e n ce s....................................................

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Approvedr (Drdft 12/2/92) i

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U. S. Nuclear Regulatory Commission a

y Volume: 3 Information Management Part:

1 Publications, Mail, and Information

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Disclosure ADM i

Announcing Meetings Open to the Public Directive 3.5 Policy (3.5-01)

In furtherance of Commission intent to keep concerned citizens in-formed of any Commission actisity in which they express an interest, all meetings conducted by the Nuclear Regulatory Commission (NRC) staff will be open to attendance by all members of the general public in accordance with the definition of a public meeting specified in Part l of Handbook 3.5. This directive and handbook do not supersede the responsibilities of the NRC staff to notify parties to NRC proceedings about meetings that are open for public attendance.

Objectives (3.5-02)

To ensure that members of the public have the opportunity to gain e

a full und tanding of the agency's regulatory process through attendance at and observation of the agency's meetings with applicants, licensees, and others. (021)

To ensure that applicable meetings are announced in a timely e

manner and to adequately inform interested members of the public. (022)

To balance the need for the NRC staff to exercise its regulatory and e

safety responsibilities without undue administrative burden. (023)

Approved: (Draft 12/2/92).

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b Volume 3, Part 1 - Publications, Mail, and Information Disclosure Announcing Meetings Open to the Public Directive 3.5 1

Organizational Responsibilities and-Delegations of Authority (3.5-03)

Executive Director for Operations (031)

Establishes policy regarding public attendance at meetings conducted by the NRC staff.

Office Directors and Regional Administrators.

(032)

Implement the policy in this directive for the receipt and dissemination of public meeting notices.

Director, Office of Administration (ADM)

(033)

Develops and administers a program for the receipt and dissemination of notices of public meetings.

Director, Division of Freedom of Information and Publications Services, ADM (034)

As delegated from the Director, ADM, develops and administers a program for the receipt and' dissemination of notices.of public meetings.

Applicability (3.5-0_4)

.. This directive applies to meetings between the staff and outside -

persons. (041)

This directive does not apply to the Commission or to offices that report directly to the Commission. (042) 2:

Approved: (Draft 12/2/92)

Volume 3, Part 1 - Publications, Mail, and Information Disclosure Announcing Meetings Open to the Public Directive 3.5 Applicability (3.5-04) (continued)

This directive does not apply to or supersede any existing law, rule, e

or regulation that addresses public attendance at a specific type of meeting. (043)

Handbook (3.5-05)

Detailed procedures and guidelines. as well as the definition of public meetings, are contained in Handbook 3.5.

References (3.5-06) 1.

Government in the Sunshine Act,5 U.S.C. 552b.

2.

Federal Advisory Committee.Act 5 U.S.C., Appendix I.

3.

Rules of Practice for Domestic Licensing Proceedings,10 CFR Part 2.

4.

Advisory Committees,10 CFR Part 7.

5.

Public Records,10 CFR Part 9.

3 Approved: (Draft 12/2/92)

Announcing Meetings Open to the Public Handbook 3.5 i

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Volume 3, Part 1 - Publications, Mail, and Information Disclosure Announcing Meetings lOpen to the Public Handbook 3.5 Parts I - H Z

1 Contents I nt rod u ct i o n..........................................................

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Part I Definition of a Public Meeting.........................................

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P ubli c hi ee ti n g ( A)....................................................

The Commission, Commission Offices, and Other Exemptions (B).............

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Examples of Staff hieetings (C).........................................

4 Meetings Typically Open to the Public (1)..............................

6 hieetings Typically Closed to the Public (2).............................

i Part II Announcing Meetings Open to the Public.............................. 11 j

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Formal Notice of Public hieetings (A)

Procedures for Noticing Public hieetings (B)...............................

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Exhibit 4

NRC Form 549 "Public hieeting Announcement Data Input"................

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I' Approved:.(Draft 12/2/92) l

Volume 3, Part 1 - Publications, Mail, and Information Disclosure Announcing Meetings Open to the Public Handbook 3.5 Introduction Introduction This handbook provides the following types of information:

It-Defines the types of agency meetings open to the public for observation; Describes the means by which the public may learn when agency e

open meetings are being held; and Specifies the procedures by which the staff provides sufficient information to the agency's central meeting announcement coordinator to announce public meetings.

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Approved: (Draft 12/2/92)

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'l Volume 3, Part 1 - Publications, Mail, and Information Disclosure Announcing Meetings Open to the Public Handbook 3.5 Part I Part I Definition of a Public Meeting Public Meeting (A)

The NRC has a long standing practice of providing the public with the -

fullest practicable information on its activities and conducting business in an open manner, while balancing the need for the NRC staff to exercise its regulatory and safety responsibilities without undue administrative burden.

1 A public meeting is a planned, formal encounter between one or more NRC staff members and one or more outside persons with the expressed intent of discussing substantive issues that are directly associated with NRC's regulatory and safety responsibilities. (1)

An outside person is any individual who is not-(2) t An NRC employee; (a)

Under contract to the NRC; (b)

Acting in an official capacity as a consultant to the NRC: (c)

Actingin an official capacity as a representative of an agency of the Executive, Legislative, or Judicial Branch of the U. S. Government (except where the agency is subject to NRC regulatory oversight);

or(d)

Acting in an official capacity as a representative of a foreign government. (e) 9 2

Approved: (Draft 12/2/92) l

Volume 3, Part 1 - Publications, Mail, and Information Disclosure f

Announcing Meetings Open to the Public l

Handbook 3.5 Part I The Commission, Commission Offices, and Other Exemptions (a)

This definition applies to meetings between the NRC staff and outside persons. It does not apply to the Commission or offices that report directly to the Commission. Also, the definition of a public meeting is not intended to apply to or supersede any existing law, rule, or regulation that addresses public attendance at a specific type of meeting. For example,10 CFR Part 7 specifically addresses public attendance at advisory committee meetings, 10 CFR Part 2.

Appendix C addresses public attendance at enforcement conferences, and 10 CFR Part 9, Subpart C addresses public attendance at Commission meetings. (1)

In general, meetings between the NRC staff and outside parties will be public meetings unless the NRC staff determines that-(2)

The subject matter to be discussed-(a)

- Is specifically authorized by an Executive order to be kept secret in the interests of national defense or foreign policy (classified information): (i)

- Contains trade secrets and commercial or financial information (proprietary information); (ii)

- Contains safeguards information; (iii)

- Is of a personal nature where such disclosure would constitute a clearly unwarranted invasion of personal privacy; (iv)

- Is related to a planned, ongoing, or completed investigation and/or contains information compiled for law enforcement purposes: (v)

- Could result in the inappr opriate disclosure and dissemination of preliminary, unverified information; (vi) 4

- Has no direct, substantive connection to a specific NRC regulatory decision or action; or (vii)

Approved: (Draft 12/2/92) 3

Volume 3, Part 1 - Publications, Mail, and Information Disclosure Announcing Meetings Open to the Public Handbook 3.5 Part I The Commission, Commission Offices, and Other Exemptions (a)(continued)

The administrative burden associated with public attendance at the meeting could result in substantially interfering with the NRC staff's execution of its safety and regulatory responsibilities. (b)

It is important to note that whether or not a meeting should be open for public attendance is dependent primarily on the subject matter to be discussed, not on whom within the NRC staffis participating (e.g.,

staff level versus senior management). (3)

Examples of Staff Meetings (C)

The following examples of meetings that are typically open or typically closed to public attendance are not intended to be all inclusive but to establish a thought process that can be used to make decisions on any meeting scenario.

Meetings Typically Open to the Public (1)

Staff Meetings with Licensees or Applicants Relating to Licensing Issues (a)

A meeting conducted by the NRC technical staff with applicants or licensees as part ofits resiew of a particular domestic license or permit application (including an application for an amendment to a license or permit) will be open to attendance to all parties or petitioners forleave to intervene in the case, who may attend only as observers and, to the.

extent of available space, to interested members of the public.

StafiMeetings with Parties or Petitioners with Leave to Intervene in a i

Case (b)

A meeting conducted between the NRC technical staff and other parties or petitioners with leave to intervene in a case regarding the staff's review of the licensing action will be open to applicants or licensees, who may attend only as observers and, to the extent of available space, to interested members of the public.

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Approved: (Draft 12/2/92)

Volume 3, Part 1 - Publications, Mail, and Information Disclosure Announcing Meetings Open to the Public Handbook 3.5 Part I Examples of Staff Meetings (C) (continued)

IIcadquarters and Regional Staff Working Level Meetings with Licensees (c)

Representatives of a utility licensed to operate a nuclear power plant request the opportunity to hold a " working level" meeting with the NRC headquarters or regional staff to proside the staff with additional technical information related to a proposed license amendment (change to the Technical Specifications) the staff is reviewing. The discussions that would take place at this meeting could directly impact an NRC regulatory decision or action (granting of the proposed license amendment request); therefore, this meeting should be a public meeting.

Facility Shutdown and Restart Meetings (d)

The NRC staff has issued an order shutting down a nuclear power plant because of potential safety concerns. Representatives of the utility licensed to operate the facility request a meeting with several NRC staff to discuss the actions they have taken to address the staff's concerns, as well as to discuss possible restart of the facility. The discussions that would take place at this meeting could directly impact an NRC regulatory decision or action (proposed restart of the facility);

therefore, this meeting should be a public meeting. In this case,it may also be necessary to obtain alternate meeting space away from the site to support public attendance.

Incident Investigation and Augmented Inspection Team Exit Meetings (e)

In reaction to an event at a nuclear power plant the NRC establishes an IIT or an AIT to thoroughly evaluate the situation at the site. Upon completion of the evaluation an exit meeting is held with the licensee to discuss the team's findings.The exit meetings for IITs and AITs will normally be open to the public unless the EDO (IIT) or appropriate Regional Administrator (AIT), in consultation with the Director, Public Affairs, decides the criteria contained in this guidance indicate it is appropriate to have a closed meeting. Alternatively,in connection l

with AIT public meetings or IIT public meetings they may decide it is 5

Approved: (Draft 12/2/92)

Volume 3, Part 1 - Publications, Mail, and Information Disclosure Announcing Meetings Open to the Public Ilandbook 3.5 Part I Examples of Staff Meetings (C) (continued)

Meetings Typically Open to the Public (1) (continued)

Incident Investigation and Augmented Inspection Team Exit Meetings (e) (continued) more appropriate to have a separate public meeting and/or press conference in lieu of the public exit meeting with the licensee.

StafT Meetings with NSSS Vendor on Confirmatory Research for Vendor's Application for Design Certification (f)

NRC officials desire to meet with representatives of a nuclear steam supply system vendor and representatives of a foreign government to discuss the specific confirmatory research related to the vendor's application for design certification under 10 CFR Part 52 that will need to be performed. The confirmatory research will influence the NRC staffs design certification review. Although a meeting with representatives of a foreign government would not need to be a public meeting, a meeting with representatives of the vendor would.

Accordingly, this meeting should be a public meeting.

NUMARC Meetings (g)

Representatives of the Nuclear Management and Resources Council (NUMARC) desire to meet with several NRC staff to discuss the i

proposed staff position delineated in a draft generic letter. The discussions that would take place at this meeting could directlyimpact an NRC regulatory decision or action (development and adoption of proposed staff position); therefore, this meeting should be a public meeting.

Meetings Typically Closed to the Public (2)

Daily Resident Inspector Status-of-Facility Meetings (a)

F The Senior Resident Inspector and the Resident Inspector at a nuclear power plant hold a short meeting every morning with the plant manager to discuss activities at the facility. Arranging for public 6

Approved: (Draft 12/2/92)

Volume 3, Part 1 - Publications, Mail, and Information Disclosure Announcing Meetings Open to the Public Handbook 3.5 Part I Examples of Staff Meetings (C) (continued)

Meetings Typically Closed to the Public (2)(continued)

Daily Resident Inspector Status-of-Facility Meetings (a) (continued) attendance at this type of meeting would place an undue administrative burden (for example, establishing access authorization to the protected area for members of the public) on the Senior Resident Inspector and the Resident Inspector and could result in substantially interfering with their performing their safety and regulatory responsibilities: therefore, this morning meeting would not need to be a public meeting.

" Drop-in" Meetings or Similar Management Meetings (b)

Senior executives of a utility licensed to operate a nuclear power plant request the opportunity to conduct a " drop-in" visit or similar management meeting with senior managers of the regional office in which their facility is located. " Drop-in" visits or similar management meetings typically consist of a general exchange ofinformation only and have no direct, substantive connection to a specific NRC regulatory decision or action; therefore, such meetings would not typically need to be public meetings.

t Budget Meetings with OMB Officials (c)-

Officials from the Office of Management and Budget (OM B) desire to meet with NRC officials to discuss the NRC's proposed budggt for the next fiscal year. The OMB officials are acting in their official capacities as representatives of the Executive Branch, and the subject matter to be discussed (NRC's proposed budget for the next fiscal year) is considered by NRC to be predecisional information; therefore, this meeting would not need to be a public meeting.

Staff Meetings with an NSSS Vendor About a Change in Schedule for the Vendor's Application Submission (d)

Several NRC staff desire to meet with a nuclear steam supply system vendor at the vendor's office to discuss the vendor's application for 7

Approved: (Draft 12/2/92)

Volume 3, Part 1 - Publications, Mail, and Information Disclosure Announcing Meetings Open to the Public Handbook 3.5 Part I Examples of Staff Meetings (C) (continued)

Meetings Typically Closed to the Public (2)(continued)

Staff 51ectings with an NSSS Vendor About a Change in Schedule for the Vendor's Application Submission (d)(continued) design certification under 10 CFR Part 52. The NRC staff desires to discuss the timeframe and schedule for submission of certain portions of the application, as well as the impact that the vendor's not meeting these deadlines would have on the NRC staff's review of the application. The NRC staff does not desire to discuss any technical or safety issues associated with the application. These discussions are a general exchange of information only and have no direct, substantive connection to an NRC regulatory decision or action: therefore, this meeting would not need to be a public meeting.

Staff 51eetings with NRC Contractors (e)

NRC officials desire to meet with representatives of an organization under contract to NRC to do confirmatory research related to an advanced light-water reactor design certification application. The organization (since it is under contract to NRC) is not an outside person: therefore, this meeting would not need to be a public meeting.

Stafihiecting with an Alleger of Wrongdoing (f)

Several NRC officials desire to meet and interview an employee of an organization licensed by NRC to possess certain types of radioactive materials regarding the emp!oyee's allegations of wrongdoing by the organization The discussions are related to ongoing investigatory activities: therefore, this meeting would not need to be a public meeting.

Inspection Exit 51ectings (g)

Upon conclusion of an inspection, NRC inspectors meet and discuss with the licensee of a nuclear power plant the preliminary results of their inspection activities (an exit meeting). The discussions are essentially an extension of the inspection and the timing of them is fluid based on activities at the plant and/or sufficient development by 8

Approved: (Draft 12/2/92)

Volume 3, Part 1 - Publications, Mail, and Information Disclosure Announcing Meetings Open to the Public Ilandbook 3.5 Part I Examples of Staff Meetings (C) (continued)

Meetings Typically Closed to the Public (2) (continued)

Inspection Exit Meetings (g)(continued) the NRC of any NRC findings. Attendance at the exit meeting by representatives of agreement or adjacent states, for example, would be governed by the policy agreed to by a specific State and the NRC concerning attendance by such representatives.1 Fitness-for-Duty Meetings (h)

NRC officials desire to meet with representatives of a utility licensed to operate a' nuclear power plant to discuss preliminary information regarding the fitness-for-duty of a specific licensed reactor operator.

i The meeting would not need to be a public meeting because public discussion of the licensed individual could be an invasion of personal privacy.

Inspection Team Meeting with Licensee Following a Significant Event (i)

A team of NRC inspectors is responding to a significant event at a nuclear power plant. The team desires to meet with licensee i

representatives when they arrive onsite to obtain updated plant status information. Arranging for public attendance at this meeting would place an undue administrative burden on the inspectors and could result in substantially interfering with their performing their safety and regulatory responsibilities: therefore, this meeting would not need to be a public meeting. Status information will be provided to the press and the public in press conferences and announcements.

Conduct of an Inspection (j) i An NRC inspector is conducting an inspection at a research reactor /a nuclear power plant /a vendor facility. Arranging for public attendance i

11n certain significant high public interest cases. the Regional Administrator or Offim Director. in consultation with the Director. Pubhc Affairs, may decide it is appropnate to alks public attendance or have a separate pubhc meeting to discuss the results of the inspection or review.

9-Approved: (Draft 12/2/92)

Volume 3, Part 1 - Publications, Mail, and Information Disclosure Announcing Meetings Open to the Public IIandbook 3.5 Part I Examples of Staff Meetings (C) (continued)

Meetings Typically Closed to the Public (2) (continued)

Conduct of an Inspection (j)(continued) on the inspection could place an undue administrative burden on the inspector and would result in substantially interfering with the performance of the inspector's safety and regulatory responsibility:

therefore, public participation is not necessary.1 Stafi Review Visits to Licensee Corporate and Plant Facilities (k)

An NRR reviewer is going to the utility corporate office to examine design calculations prior to writing the SER. As a followup, the reviewer goes to the site the following week to review the in-plant design implementation. Again, the timing of the exit inteniew is fluid based on licensee activities and/or sufficient development by NRC of any NRC findings.1 In certain significant high pubhc interest cases, the Regional Administrator or Office Director. in consultation uith the Director. Pubhc Affairs. may decide it is appropriate to allow public attendance or have a separate pubhc meeting to discuss the results of the inspection or review.

10 Approved: (Draft 12/2/92)

Volume 3, Part 1 - Publications, Mail, and Information Disclosure Announcing Meetings Open to the Public -

Handbook 3.5 Part II F

Part II Announcing Meetings Open to the Public Formal Notice of Public Meetings (A) hieetings oper to the public should normally be announced to the public and to the Commission at least 10 days in advance of the date of the meeting and may be announced up to 60 calendar days before the meeting. (1) hieetings will be announced to the public through notices posted in the l

Public Document Room and a toll-free telephone message line. The-toll-free message line will be listed in the weekly compilation of press releases issued by the Office of Public Affairs. A public-access-electronic bulletin board that lists all scheduled meetings is currently under development. (2)

The Commission will be informed of all public meetings by the meeting announcement coordinator, Office of Administration (ADhi), Division of Freedom of.Information and Publications Services (DFIPS). following receipt of meeting notices frem agency offices in accordance with Sections (B)(1) and (2) of this Part. (3)

Procedures for Noticing Public Meetings (a)

To notice a public meeting, provide the information specified in NRC Form 549, "Public hieeting Announcement Data Input"(Exhibit), to the meeting announcement coordinator, ADhi, DFIPS, at least 10 working days in advance of the meeting by facsimile (301)492-7313 or mail (hiail Stop P-378) in accordance with guidelines on NRC Form 549. (1) l 11 Approved: (Draft 2/5/93)

Volume 3, Part 1 - Publications, Mail, and Information Disclosure

)

Announcing Meetings Open to the Public IIandbook 3.5 Part II Procedures for Noticing Public Meetings (n)(continued)

When a party in a proceeding or petitioner for leave to intervene requests information about forthcoming meetings conducted by the Npr' technical staff, reasonable effort is made by the NRC staff to inform the party or petitioner of such meetings. When such notice is given to parties in a proceeding, the staff may submit a copy of that notice to the meeting announcement coordinator, if it contains the mandatory information requested in NRC Form 549 (Exhibit). (2)

Upon receipt of NRC Form 549, or other acceptable notice, the meeting announcement coordinator will enter the pertinent information into the computerized Public Notice File database and disseminate the notices as follows: (3)

A weekly report of all meetings, by date and in time-of-day order, contained in the file as of 10:00 a.m. on Friday of each week by agency mail to the following organizations: (a)

- The Commission (i)

Office of the Secretary (ii)

- The Executive Director for Operations (iii)

Program office directors, regional administrators and, at their request, other office directors (iv)

The Director of Public Affairs (v)

The Public Document Room for posting (vi)

Chairmen of the Advisory Committees on Nuclear Waste and Reactor Safeguards (sii)

A daily report by facsimile only when a meeting has been newly scheduled, cancelled, or changed within the fol. lowing 10 days, to the following organizations: (b)

The Commission (i)

Office of the Secretary (ii)

The Executive Director for Operations (iii) 12 Approved: (Draft 2/5/93)

Volume 3, Part 1 - Publications,- Mail, and Information Disclosure Announcing Meetings Open to the Public j

r

' Handbook 3.5 Part II.

I Procedures for Noticing Public Meetings (s)(continued)

Program office directors, regional administrators and, at their request, other office directors (iv)

The Director of Public Affairs (v)

The Public Document Room for posting (vi)

Chairmen of the Advisoty Committees on Nuclear Waste and Reactor Safeguards (sii)

The meeting announcement coordinator will update information for the toll-free telephone recording on a weekly basis, except when a cancellation or schedule change requires a more timely update. (4)

Meetings scheduled with less than a 10-day public notice must be approved in writing by the appropriate branch chief before the notice is submitted to the meeting announcement coordinator. (5) i 5

s i

13 Approved: (Draft 12/2/92)

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i 14 Approved: (Draft 12/2/92)