ML20126J748

Annual Rept for 1980 on Administration of Govt in Sunshine Act of 1976

ML20126J748
Person / Time
Issue date:	04/23/1981
From:	NRC
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Shared Package
ML20126J741	List: ML20126J735 ML20126J745 ML20126J748
References
REF-10CFR9.7 NUDOCS 8105050149
Download: ML20126J748 (23)

Text

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ANNUAL REPORT FOR 1980 ON ADMINISTRATION GF GOVERNMENT IN THE SUNSHINE ACT OF 1976 pm, m I

UNITED STATES NUCLEAR REGULATORY COMMISSION 8105050lV9

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TABLE OF CONTENTS j PAGE i,

- 1. Agency Reporting............................................ If r i

2. Year Being Reported......................................... 1 i

3. ' Total Number of Meetings.................................... 1

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4. Reasons for Closing Meetings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 i

Budget Meetings........................................ 2 l Congressional Testimony Meetings. . . . . . . . . . . . . . . . . . . . . . . 2 i Briefings by Agency Staff.............................. 2 i

.I 5.- Description of Litigation................................... 3  ;

'6. Notation Voting............................................. 3  !

7. Public Observation.......................................... 3  !

8. Public Notice............................................... 5 j i

9. Public Interest............................................. 5  !

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.10. Releasing of Meeting Records................................ 6 t

11. Requests to 0 pen............................................ 7 l

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12. Formal' Complaints........................................... 8

13. Ej( Pa r te Commu n i ca ti o n s . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

14. Additional'Information...................................... 8 i APPENDIX A - Definition of Meetings  !

APPENDIX B - Tabulation of Open and Closed Meetings by Month  :

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APPENDIX C - Tabulation of Meetings by Days' Notice I 1

APPENDIX D - NRC Regulations as Amended Implementing the Sunshine Act j APPENDIX E - NRC Ex Parte and Separation of Functions Regulations j APPENDIX F - Sample Page of Index  !

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ANNUAL REPORT i

GOVERNMENT IN THE SUNSHINE ACT  ;

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l. AGENCY NAME: ' U.S. Nuclear Regulatory Commission

2. CALENDAR YEAR: 1980 f

3. MEETINGS: (See definitions in Appendix A) j A.- Total Number of Open. . . . . . . . . . . . . . . . . . . . . . . . . 213 (79%) f i

B. Total Number of Closed....................... 56 (20%) j C. Total Number of Partially Open/ Closed......... 2 (1%) j l

Total Number of Meetings. . . . . . . . . . . . . . . . 271 >

The above meetings are counted by the number  !

-of items discussed as described in the Appendix. j The same number of items counted by the method j used by Common Cause are as follows:  !

D.' Total Sessions Open.......................... 141 l

E. Total Sessions C1osed. . . . . . . . . . . . . . . . . . . . . . . . 33 .

I F. Total Sessions Partially Open/ Closed......... 22 Total Number of Sessions................ '96 Throughout this report, meeting numbers quoted .

are counts of individual items. j i

4. REASONS FOR CLOSING OR PARTIALLY CLOSING MEETINGS  !

A. Exemption 1................................... 9 Exemption 4................................... 1 E x em p ti o n 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S l i

E x emp ti o n 9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .' . 16 E x emp ti o n 10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Exemp ti ons 1, 7, and 9. . . . . . . . . . . . . . . . . . . . . . . . 1 i Exemp ti ons 2 a nd 6. . . . . . . . . . . . . . . . . . . . . . . . . . . 19 T0TAL.................... 58- i t

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B. NRC'.s policy regarding the closing of meetings ]ertaining to j!

the' budget, Congressional testimony, and briefings of agency members by staff is as follows: (

(1) Budget meetings. In 1980, the NRC voted to close all l meetings on budgetary matters, including initial presentations ,

on staff-recommended budget levels and markup and recall i sessions, under Exemption 9. During the closed sessions, i the Commission considered budget strategies and priorities,  ;

and reached decisions regarding future interactions and  ;

negotiations with the Executive Branch and the Congress l with respect to funding levels for NRC's licensing research l and regulatory activities. It was the belief of the Commission that the premature release of these discussions would be likely to significantly frustrate its future interactions and preempt those of the Executive Branch to  :

whom the budget is submitted in confidence. The Commission's  !

policy is to release transcripts of these closed meetings after the Commission's appropriations become law. Transcripts i of all closed budget meetings he!d in 1977,1978, and i 1979 are currently available in the PDR. Transcripts of l 1980 meetings will be released when NRC appropriations are  :

approved. l (2) Meetings at which Congressional testimony is discussed.

The Commission believes that Exemption 9(B) of the Sunshine  !

Act may properly be employed to close Commission meetings j dealing with testimony to be given to Congress or options  ;

to be followed in negotiations on pending legislation.  !

During 1980, the Commission voted to close the three  !

meetings held for the purpose of discussing Congressional ,

testimony. (Transcripts of all three closed meetings '

have since been released.) l (3) Briefings of agency member by NRC staff. All briefings  :

by NRC staff of a quorum of the Commission are considered to be the conduct of official Commission business and are  ;

therefore treated as meetings under provisions of the i Act. Of the total of 271 meetings held in 1980, there were approximately 134 staff briefings; 122 were held in j public session and 12 were in closed session. l Copies of viewgraphs and principal staff papers are i provided to the public at open briefings and placed in  !

the Public Document Room after the briefing along with a i verbatim transcript. Meeting records of closed briefings '

are reviewed for retention / release as described in  :

Section 10 below. ,

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5. DESCRIPTION OF LITIGATION.

During 1980, a suit'was filed related to NRC's Sunshine activities.

In Common Cause et al. v. NRC, C.A. No. 80-2347 (D.D.C.), plantiffs

' seek declaratory and injunctive relief with respect to the Commission's action in closing a meeting on its FY 1982 budget proposal held July _18,'1980. The NRC had originally announced the meeting as open to the public. At the beginning of.the meeting,;the Commission determined that the subject of the meeting involved information justifying closure under Exemption 9(B) of the Act. The Commission then voted to close the meeting and similar meetings schaduled to be held within 30 days. Subsequently, on February 27, 1981, the Commission released the transcript to the'public. The case is currently pending in court.

6.- NOTATION V0 TING.

Two types of notation voting are used:

First, notation voting is utilized to obtain decisions on agency business which require formal vote in an open meeting, pursuant to Section 201(a)(1) of the Energy Reorganization Act, 42 U.S.C. 5841(a)(1),

but 'is not of such a complex nature as to require iterative conversation between-Commissioners in the presence of each other. Regular Sunshine meetings are then scheduled for the purpose of revoting (or affirming) the issue. Discussion in these meetings is rare.

Examples of matters which are handled in this manner are: appointments and reappointments to advisory committees, delegations of authority, certain security clearances, F0IA appeals, rule changes, responses to certain petitions, review of ALAB decisions, and residual administrative action on policy matters when the substance of the issue has been previously discussed in a Commission meeting.

Second, the Commission employs procedures under which individual Commissioners are given an opportunity to comment on and approve staff actions in writing to the Secretary.. Typical examples include responses to Congress on GA0 reports, contract awards, agreements with foreign governments or Executive Branch agencies, outgoing Commission correspondence, and notation of actions being taken or about to be taken under delegations of authority to the staff.

7. PUBLIC OBSERVATION.

The Commission has continued its policy of providing meaningful public observation and understanding of open meetings through the following measures:

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i A. The Commission's main conference room with a seating capacity 4

of 130 and an adjoining conference room, which seats 50 people, are provided with multiple overhead speakers and with '

a closed-circuit television system to ensure that every person ,

desiring to attend a meeting can see and hear as well as cny ,

other attendee.

• B. Copies of any viewgraphs to be used in the course of meetings l are made available to meeting attendees at the entrance to the '

conference room prior to the commencement of the meeting. l l

C. Copies of the principal staff papers scheduled to be considered at the meeting are also provided to public attendees in the  !

conference room. These papers are also placed in the Public l Document Room at the conclusion of the meeting, along with .

viewgraphs and other material handed out at the meeting. ,

Additionally, copies of other papers referenced at the meeting  :

are normally released. During 1980, 270 meeting-related 7 documents were released.

D. Public attendees are permitted to tape record Commission i discussions of open meetings. i E. Transcripts are taken of all open Commission meetinos. These l are unofficial transcripts which are not edited by the  !

Commissioners or by the staff and are placed in the Commission's l Public Document Room within 48 hours5.555556e-4 days <br />0.0133 hours <br />7.936508e-5 weeks <br />1.8264e-5 months <br /> of the conclusion of the i meeting. Transcripts of the 215 open or partially open meetings  :

and briefings in 1980 are available in the PDR. .

F. A pamphlet entitled " Guide to NRC Open Meetings" is available  !

in the Commissioners' Conference Room and in the Public Document Room. The guide describes for public attendees the -

normal seating arrangement for participants at the conference table, the general functional responsibilities of these '

participants, Commission procedures for voting on agenda items, general rules for public conduct at Commission meetings, i and sources of additional information on the Commission and i its meetings.  !

G. A list of abbreviations and acronyms has been placed in the i Public Document Room to further help the public in under- I standing the many technical terms discussed in Commission ,

papers. j H. It is the Commission's practice to allow camera and television  ;

, coverage of open meetings and briefings without prior notification.  !

l The use of cameras, including television coverage, at open  ;

licensing proceedings conducted by NRC's licensing and appeal l boards is also permitted. l l

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. 8. PUBLIC NOTICE. l Each meeting is publicly announced by the methods listed below.

A. Use of an automatic telephone answering service which provides daily information on the schedule of Commission meetings.

B. Publicly posting in the NRC Public Document Room,1717 H Street', j N.W., Washington, D.C. 20555, a copy of the announcement at  ;

the' time it is sent to the Federal Register.  ;

C. Mailing a copy of the announcement to those persons on a  ;

mailing list maintained for that purpose (currently over 150 names and addresses) at.the time it is sent to the Federal '

Register.

t D. publishing in the Federal Register the time, date and location  ;

of the meeting, the topic (s) to be discussed, whether it is  ;

open or closed, and the name and telephone number of a contact.

E. Submittal of a copy of the Federal Register Notice to the news  !

media (AP, UPI, Energy Daily, Nucleonics Week, the Washington .f Post, Washington Star, and Nuclear Industry Magazine) at the i time it is sent to the Federal Register. ,

F. Telephoning interested parties when public meetings of high i public interest are scheduled with less than one week's j notice.

Appendix C contains a tabulation of the number of days' notice for ,

NRC meetings. In summary, 64 percent of the 1980 meetings (173 of  ;

271) were announced with seven or more days' notice. The remaining  ;

meetings (65 open and 33 closed) were announced with less than i seven days' notice. The Commission is sensitive to the large  !

number of short-notice meetings. However, the Commission continues i to be faced with the need to consider urgent operational problems  ;

in a timely manner. -

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9. PUBLIC INTEREST.

l The Commission, in adopting its Sunshine regulations, explained how {

it would employ the public interest criterion in exercising agency i discretion to open meetings when an exemption is available:

j "Section 9.104(a) of the rules, like the proposals of several other [

agencies, gives presumptive but not conclusive force to the deter- [

mination that an exemption is available in deciding the public )

interest question. The fact that a meeting does come within a [

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6 specific provision of 59.104(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 whether or not to close particular meetings. The Commission believes that this internal procedure and the awareness of the Commissioners themselves and their advisors of public interest concerns will ensure adequate consideration of the public interest before any decision to close a meeting is made, without need for a formal procedure of the type proposed." 42 Fed. Reg. 12876 (March 7, 1977)

In the implementation of its rules, the Commission calls upon the staff to consider the public interest factors in any recommendations to the Commission for closed meeting discussions. The Commissioners review staff's recommendations for closed meetings, consider the advice of the General Counsel as to whether the item is properly closeable, and discuss among themselves the necessity for precluding  :

public attendance, including the interest of the publ.ic in the subject matter. 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 0F TRANSCRIPTS, RECORDINGS AND MINUTES OF CLOSED MEETINGS.

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& A. The policy of the Commission is to make available to the v public the record of all meetings except for such items of discussion as the agency determines to contain information

! which may be withheld under the provisions of Section 552b(c),

5 the Government in the Sunshine Act. To insure that the

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maximum amount of information is released, the Commission  !

requires three independent levels of review. Normally, an

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initial review is performed by the staff office which was the proponent of the briefing or discussion. The second review is accomplished by the Office of the General Counsel. Finally, '

the Commission reviews the record and makes the final deter-mination regarding public disclosure.  !

Commission procedures also provide for 18-month reviews of meeting records to further ensure that material is released to ,

the public as changing conditions permit, The review process '

has resulted in the release of 234 transcripts to the Commission's Public Document Room since the enactment of the Sunshine Act.

The Commission has a separate procedure for the records of -

closed adjudicatory meetings which normally consist of long-form minutes. These are reviewed by the Office of the General Counsel and by the Commissioners on an annual basis to determine whether the bases for the initial withholding action continue j

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7 i to apply. The minutes of all closed adjudicatory sessions  !

held in 1977 and 1978 except one have been released to the Public Document Room. The minutes for 1979 are being reviewed by the General Counsel. Examination of the 1980 minetes will -

be initiated in May 1981.  !

B. Index Systems and Tabulation of Requests for Transcripts, Recordings and Minutes (0 pen and Closed) l The Nuclear Regulatory Commission indexes and abstracts all '

documents placed in the PDR including transcripts of open and closed meetings and meeting summaries. A daily accession  :

listing of this material, with monthly cumulations, is made  ;

publicly available.in the Commission's Public Document Reading Room and mailed out to interested parties and citizens.

Appendix F is a sample page from the system used to index j these documents and identifies the data elements used. t The number of requests for meeting-related documents in 1980 l is estimated at 1,000. The number of documents reproduced for the public was 492. All requests for these documents are ,

handled as a part of the normal service in the PDR, normally i within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br />.  ;

During 1980, NRC received four F0IA requests for transcripts of 20 closed meetings. Of these, three were granted in part, i and one was denied. These requests are processed in the NRC  !

Division of Rules and Records and are reviewed first by the l staff responsible for the subject meeting, second by the l General Counsel, then by the Commission. The average time from date received to date responded was 45 days. This length  !

of time was required due to the need to transcribe the tape  !

record of the meeting and then review the material requested.  ;

11. REQUESTS TO OPEN. l i

The Commission's rules describe the procedure to be followed by 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 person" may  !

ask the. Commission to reconsider its decision to close a meeting  !

by filing a petition for reconsideration. Any such petition must specifically state the grounds on which the petitioner believes ,

the Commission decision is erroneous, and the public interest in  ;

opening the meeting. All requests, formal or informal, are j referred to the Commission for decision. Filing such a petition does not automatically act to stay the effectiveness of the  !

Commission decision or to postpone the meeting in question. (No  ;

requests were received in 1980.) 3

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12. FORMAL COMPLAINTS.

No' formal. complaints were_ received in 1980 on NRC's Sunshine ,

procedures and practices. (See Section 5, however.) i (13. EX PARTE COMMUNICATIONS.  !

In March 1979 the Commission published in the Federal Register ,

(see Appendix E) proposed revisions to its current el parte aiid  ;

separation of functions regulations (10 CFR 2.719 and 2.780) that were designed to make technical changes to bring the rules into .

greater conformity with the Administrative Procedures Act. Final l action on these revisions has not-occurred, however. Instead, "

prompted by a March 1980 report of the Office of the General Counsel i (NUREG-0670), additional revisions to the regulations, which could include substantive changes, are now being contemplated. Further  ;

proposed revisions may be published for comment within the next j three or four months. .

14. ADDITIONAL INFORMATION.

This report was prepared in the Office of the Secretary, U.S.  ;

Nuclear Regulatory Commission. Comments or inquiries on this .

report or related matters are invited and should be addressed to:

l Office of the Secretary Nuclear Regulatory Commission l 1717 H Street, N.W.  :

Washington, D.C. 20555  ;

Te'lephone inquiries can be made to the Office of the Secretary l on (202) 634-1469.  ;

APPENDICES ,

A. Definition of Meetings i B. Tabulation of Open and Closed Meetings by Month C. Tabulation of Meetings by Days' Notice D. NRC Regulations as Amended Implementing the Sunshine Act '

E. NRC Ex Parte and Separation of Functions Regulations F. SampTe Page of Index (Section 10) i.

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APPENDIX A l

Definition of Meetings l NRC's Statutory Meeting Requirement' f The Nuclear Regulatory Commission is a five-member, independent regulatory commission established by the Energy Reorganization Act of.1974 (P.L.93-408). l It is responsible for assuring the protection of the public health and safety  ;

through the licensing and regulation of the uses of nuclear materials. The '

Commission is required by the Energy Reorganization Act to take action only through meetings. Section 201(a)(1) of the Act, 42 U.S.C. 5841(a)(1), states -

that " action of the Commission shall be taken by a majority vote of members present." 3 In keeping with its significant and substantial public health and safety  !

responsibilities, this Commission has emphasized the participation of each  ;

Commissioner in its decision-making activities. Commission meetings are  ;

therefore generally scheduled at times when all Commissioners can be present j so that each may participate in and contribute to the deliberations. j Meetings Defined by Sunshine Act With enactment of the Government in the Sunshine Act and in compliance with j its provisions, NRC had adopted regulations clearly defining meetings of the  ;

Commission which are subject to the announcement and record keeping requirements l of the Sunshine Act. In summary, a meeting is defined as the deliberation of  ;

at least a quorum of Commissioners where such deliberation determines or  !

results in the joint conduct or disposition of official Commission business.  !

Gatherings of a social or ceremonial nature and certain informational discussions  !

which are conducted without specific reference to any particular matter pending  !

before the Commission are considered exempt from the provisions of the Sunshine i Act. A complete definition of the term " meeting" is contained in Section 9.101 of HRC's Sunshine Regulations (Appendix D).

For purposes of tabulating meetings in this report, each agenda item scheduled i for discussion or briefing is counted as a meeting. Each session at which one j or more Commission Papers were scheduled for affirmation under the limited  ;

notation voting procedure described elsewhere is counted as a meeting. l l

In order to make statistics comparable, page one includes counts of meeting j statistics reported using the above definition, and also using the " Common  !

Cause method." The latter method counts as one meeting a single meeting, j whether that meeting lasts one hour or one day and irrespective of the number  :

of agenda items considered. l l

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APPENDIX B 1

TABULATION OF OPEN AND CLOSED MEETINGS BY MONTH CY 1980 f OPEN CLOSED OPEN/ CLOSED TOTAL 22 4 0 26 Jan(NRC) 16 4 0 20 (CC) ,

30 3 0 33 Feb(NRC) 19 2 1 22  :

(CC) 17 4 0 21 Mar (NRC) '

12 2 2 16  ;

(CC)

Apr(NRC) 20 6 0 26 12 2 4 18 i (CC)

May (NRC) 20 4 0 24  :

12 2 2 16 (CC) ,

18 5 2 25 Jun (NRC) 12 2 3 17 [

(CC) 19 15 0 Jul (NRC) '

10 12 2 (CC)

Aug (NRC) 8 3 0 11 6 2 1 9 i (CC)

Sep (NRC) 15 3 0 18 i 10 2 1 13 (CC)

I 16 4 0 20 Oct (NRC) 11 1 3 15 (CC) 15 2 0 17 i Nov (NRC) 13 1 1 15 i (CC) i 13 3 0 16 Dec(NRC) i 8 1 2 11 (CC) f l

213(79%) 56(20%) 2 (1%) 271 GRAND TOTAL (NRC) 141 (72%) 33(17%) 22 (11%) 196 l (CC) l "CC" = Common Cause method of counting (see Appendix A).

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i APPENDIX C ,

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TABULATION OF MEETINGS i BY DAYS' NOTICE DAYS' NOTICE OPEN CLOSED CLOSED /0 PEN TOTAL 12 or more - - -

11 -

10 6 - -

6 9 7 2 -

9 i 8 41 8 -

49 7 94 15 -

109 l

Subtotal 148 25 -

173 6 19 7 -

26 5 7 8 1 16 4 7 5 -

12 3 5 5 -

10 2 -

1 -

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1 9 - 1 10 Less than 1 18 5 -

23 Subtotal 65 31 2 98 GRAND TOTAL 21 3 56 2 271 l

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to pub!!c obstrvation.- 42 U.S.C. Sec. 2011 et seq 'and the En.

~ Subpart C--Otvemment In the Sunshine ergy Reorganizaticn Act of 1974. as Act R gulati ns 6 9.103 Geteret P coviolons* -

cmended. 42 U.D.C. Sec. 5801 et seo er 6 9.100 Seepe o* Sobpart. ,Ihe Secretary shan ensure that an information which if written would be This subpart prescribes procedures open Comtr.ission meetings are held in a contained in such tr:ords, but only to pursuant to which NRC meetings shall location such that there is reasonable the extent that the $,roduction of such be open to public observation pursuant to space, and. adequate visibility and acous. records or information would (1) inter. (

the prov2sions of 5 U.S.C. Sec. 552b. This tics, for pubuc observation. No additicnal fere with enforcement proceedings. (ii) decrive a person of a rirht to a fair ;{

subpart does' not &Eect the procedur.es N right to participate 1n Commission meet. trial or an impartial adjudication. (11D )

pursuant to which NRC records are made g ings is granted to any person by this sub. constitute an unwarranted invasion of i part. An open meeting is not part of the ava11&ble to the pub!!c for inspection sind E formal or infonnal record of decision of personal privacy. (iv) disclose the iden.1 copying which remain governed by sub* % the matters jitscussed therein except as tity of a conadential source and. in the I part A, excirpt, that the exemptions set , otherwise required by law. Statements of case of a record comolled by a criminal !

forth in i 9.104(a) shall gover in the case views or expressions of opinion Icade by law enforcement authority in the course of a criminal investigation .or by an j of any request"made pursuant to I 9.3 Commi==ioners or NRC employees at open meetings are tot intended to represent agency conducting a, lawful national so. [

to copy or inspect the transcripts, record. curity intenigence investigatio4 con 5. !

ings or minutes described in i9.10s. Ju@etenninamns a benefs.

dential intmahn furnished only b l Access to documents considered at NRC re ed upon befo

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1 meetings shan continue,to be governed % pleaded, ethe Commtmaion or in any fe,*gh proceeding 3q ",*, l ly subpart A of this Part. . [under pan 2 of.these regulations (10' (71) endanger the ufe or physical safety, j

,, CPR part 2) except as the Commfufon of law enforcement personnel; .!

6 9.101 Deanh,

• pnay,,,direct. . W (Reseryed) ~ '

. - gesti,3 oT thit'pitbuc attend. (9) altariana information the prematum !

As used in thir ;'2,part: i disclosure of which would be likely to j (a) Commis means the coUegial ing open Commission meetings may body of five Cow; .ssioners or a quorum use aman electronic sound recorders to significant!y' frustrate implementation of ;

thereof as provided by section 201 of the " record the meeting, but the use of a proposed Commission action except 4I Energy Recesanization Act of 1974, oru . Other electronic recording equipment that this subparagraph shall not apply any subdivision of that collegialbody au* Q and cazneras Mquires the advance any instance when me Cosnmission hasin !

thorized to act on its behalf, asid sha!! not written approval of the Secretary, already disclosed to the public the con- l

' tant or nature of its proposed actio4 or !

$ 9,104 Closind meetings. where the Commission is required to :

ff ths 1 egial body.

(S) Except where the Commissica (b) "Commissioper" means an indi.

vidual who is a member of the Commisa finds' that the pub 11e interest requires make prior tosuch takingdisclosure final actionon onits ownpro such initi 1

sion. Otherwise, Commtalon meetings shan be pg g; ,

(c) *htetting" means the cencerations closed, and the requirements .of Il 9.105 (10) specifically concern the Commis. I of at least a quorum of Cammissioners and 9.107 shan not apply to any infor- ston's issuance of a subpoena, or the !

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where such deliberations determine or mation pertaining to such meeting other.

result in the .toint cond0ct or disposition wise required by this subpart to be dis. S schn or proceding m an s' I of of5cial Commianian business, but does cicsed to the public, where the Commis. I coding before a state w feders! I R not include deliberations required or per- alon determines in accordance with the "E mitted by iI 9.105, 9.106, of I 9.108(c),

u. gatherings of a social or ceremonial nat.

procedures of I 9.105 that opening such g l',"g $ g""[

8 Id" I $l

- meetings ing such information, or portionsistheno! or .disclos.N u. aMrahn, e the inmahn. conduct or }i likely to:

w ure, or briefings of the Cammlaton by d) Disclose matters that s.re (!) spo.

• disposten by the Cmnznission Wa .,

' representauves of other agencies or de. .

ticular case of formal agency adju- .

ciScally authorised under criteria es. Wn pursuant to 6 UA.C. Sec. W or ;

partments of the United States govern.

ment, or representatives of foreign gov. tahlinhad by an 2xecutive order to be kept secret in the interests of national cherwise indring a detersninamn o 2e acord ane an oppwtunity fw a ernments or international bodies where defense or foreign poucy, and (11) in such briefings or discussions are informs. hearios pursuant to part 2 or ,,mmar i, uonal in nature and are not conducted fact properly classified pursuant to such with speciSc reference to any particular Executive order: PM*D8-(b) Examples of situations in which i!

matter then pending before the Commis- g (2) Relate solely to the internal per. Commisalon acuon may be deemed to be ;

sonnel rules and practices of the Com.

sion. signiacantly frustrated are (1) if open. ;,

(d) " Closed meeting"means a meeting g mission: ing any Cononission mseting or negotia. !

of the Commientan closed to public ob. g (3) . Disclose matters specificaDy ex- tions would servauon as provided by I 9.104. .

e empted from disclosure by statute (other snatiou mm,be ed orlikely to disclose Mauests made toinfor-the te) "Open meeting" means a meeting E than A UA.C. Sect 552) provided thag Commission in conSdence by persons j of the Commission open to public ob.% such statute (1) requires that the mat. outside the Commission and which would servauon pursuant to this subpart. - e ters be withheld from the public in such not have been provided or made other. ) ,

(f). " Secretary" means the Secretary a manner as to leste no discretion on the issue, or (!D estabushes particular wise: (2) if opening aeseung or dis.

to the t'ammiaminn. closing any information wou (g) " General Counse!"means the Gen. criteriatypes for withholding or refers to par. legal or other policy advice, pubile ,

- eral Counsel of the Cneminainn as pro. ticular 'Hada== of matters to be withheld; trade secrets and com, knowledge of which could substanuany -

vided by secuon 25(b)'of the Atomic En. (4) afect h outcome e conduct M pend.

mercial ergy Act of 1954'and section 251(f) of tained from a person and or financial information ob. ing or reasonst,1y anticipated litigation the Energy Reorganisation Act of 1974. conAdential. Including suchprivileged information or or negotiations; or (3) if opening any 1 and, until such time as the of5ces of that at deftned in i 2.790(d) of this title; meettng or disclosing any information j of5eer are in the sameweMan as those of 44neobe-assusin's any.pamon of a would reveal information requested by or the Ca==lasian any member of his alBee- testianony or proposals to be stven-to, spectany designated in writing by him crime, imposing a civil penalty on any pers3n pursuant to 42 UA.C. Sec. 2282 or other agencies of government, including j

. pursuant to this schsection to carry..out 42 UA.C. Sec. 3848. or any revocation of the Congrees and the Executive Branch ;

i his responsibiliues under this subpart. any license pursuant to 42 U.S.C. Sec. before the; requesting agency would n.

2238, or formany censuring any person: ceive the information, testimony or pro.

.I 9.102 Cemeal A- -(8) Riadana information of a personal posals. The examoles in the above sen.

• Camngnalomats'shan not jointly con. tence are for Elustrative purposes only duct or disposa of Ca==i=5an business nature where such disclosure would con.

sutute e elearly unwarranted invasion of and are not intended to be exhausuve.

in Commission meetings other than la '

accordance with this subpart. Except as personalprivacy: g 9,j05 Co==1= ion procedures.-

(7) ,saada== invpstigatory reports com.

providedin f 9.104,every portion of every piled for law enforcement purposes, in. (a) Aotica under I 9.104 shall be taken maeung of r the

• mi.*" ha" he opeal cluding spec!Scally enforcement of the

' Atomic Energy Act of 1954, as amended.

September 1,1978 9 11

(nlyirhen a maltrity of the er. tire me=. in the clo*ing C; cNning of 'the meet

• cf paragraph (a) or (b) cf this sectirn bership cf the CC=mtssion veten to take ing. The f!!!r.g cf such a pe!! tion shn11 shan be taken cnly when the Ccmmis- i such acten. A secarate vot3 of the Ct=. rot ae? to stay the effectiveness cf th3 sion finds that the public interest in l' missioners shall be taken with respect to Co= mission actica or to riostpone or de-

.sy the meethz in ouestion unless the prompt Commission action or the need each Ccm:niselon meeting a portion or to protect the common defense sr secu-  ;

portions of whi h are pro:osed to be Cc==ission orders otherwise..

l ' closed to the rublic pursuant to 19.104. rity or to protect the public health or  !

cr with resoect to anf information which i 9.107 Publie-annouheement of Com. safety overrides.the public interest in m selon meednse. .

having full prior notice of Commission

.is proposed to be aithheid under 4 9.105 (c). A single vote may be taken with re- , f al In the case of each meeting, the meetings. ,

spect to a series of meetings. a portion Secretary sha!! cake public announce- i or p:rti:ns. of which are prirosed to be =ent, at least ene week before the meet. $ 9.108 CertlAcetion, tron.cn,pis, re-closed to the public, or with respect to ing, of the ti=e. place, and subject ""' I" 8' *" " " " ' * * *

. any infermation concerning such series = attar of the mee*.ing, whether it is to be (a) For every meeting closed pursuant of meetings; so long as each meeting in 2 subparagraphs (1) thmsh 0M of losed to the buc. and the d ti such series involves the same particular matters and is scheduled to be held no ame and phone number of the oscial designated by the Commission to respond I 8184'"g) g G

• • d

'he$ M Counsel shall publicly certify at more than thirty days after the initial ,o requests for tnformation about the the time of the public announcement of  !

. meeting in such series. The vote of each setting. Such a nouncement shall be the meeting. or if there is no public an- l Commissioner participating in such vote =ade unless a ma.'ority of the members of nouncemen't at the earliest practical shn11 be recorded and no proxies shall be the Ccamission determines by a recorded time. that. in his or her opinion, the allowed. - vote that Commision business requires meting may be closed to the public and (b) Within one day of any vote taken dat such meeting be caned at an earlier shnu state each relevant exemptive pro- j pt:rsuant to paragra:h fa) of this seca date in which case. the Sectetary shall - vision unless the Commission votes pur-tion. or i 9.108'c) the Secre. =ake public anncuncement of the time, suant to I 9.105(c) that such certifica-tary .shaI 9.106(a) 1 cake publicly ava!'able in the  ;! ace and subject : natter of such meeting' tion is protected against disclosure by Public Document Room a wri,: ten copy of and whether cpen or closed to the public, t 9.104(a). A copy of such certification. .

such vo*e refecting the vc:e of each at the earliest practical time. together with a statement from the pre- i member on the question.If a portion of a (b' The time or ;1 ace of a meeting siding oscer of the meeting setting forth t me: ting is to be closed to the public, the =sy be changed following the public the time and place of the meeting and '

BIcretary shan. within one day of the announcement required by paragraph the persons present, shall be retained by vote taken pursuant to paragraph (a) a+ of this section only if the Secretary the Commission. The Commission shall of this sect'.orr or I 9.106's). rnske pub- public:y announces such changes at the maintain a complete transcript or elec.

• licly avanable in the Public Document earnest practicable time. The subject tronic recording adequate to record fully -

P.com a fun written explanation of its matter of a meettng. or the determina- the proceedings of each meeting. or por- I action closing the portion together with tion of the Commission to open or close tion of a meeting c!csed to the put 11', ex- I

& list of au persons expected to attend a meetir:g or pcrtion of a meeting, to cent that in the case of a meetini cr por-  !

the meeting and their afE11ation, the puhuc. may be changed fonowing tion of a meeting, closed to the public l (c) The notices and lists required by the public announcement required bT i g paragraph (b) of this section to be made 4 this subsection only if (1) a majority the Comminstonof I pursuant to paragraph shan maintain such a (10) g public may be withheld from the public 2 the entire membership of the Commis. E transcript or recording or a set of min.

to the extent that the Commienton deter

• sion determines by a recorded vote that 's utes. Such minutes shan fuuy and clearly c: mines that such information itself would f Commission business so requires and that w describe au matters discussed and shall

• ' be protected against dhclosure by I 9.104 e, no earlier announcement of the change 7 f a). Any such determinations shall be ' was possible, and (2) the Secretary pub yany provide a full actions and accurate taken. and the summary reasons of mtde independently of the Commission's Ecly announces such change and the vote therefor. including a description of each cetermination pursuant to paragraph (a) cf each member upon such change at of the views expressed on any item and cf this section to close a meeting, but in the earliest practicable time, the record of any ro11cau vcte (reflecting

.accordan:e with the procedure of that ic) Immediatelv following each public the vote of each Commissioner on the subsecti:n. Any such determination. in- announcement required by this section. question). Au documents' considered in ciuding a written explanation for the notice of the tirne, place, and subject , connection with any action shall be iden- ,

aciton and the srecific provision or p-o- =stter of a meeting. whether the meet. tified in such minutes.'

. visions of I 9.104f a) relied upon. must :ng is oren or closed. ant change in one (bi The Commia-in shall ma  !

be made publitiv available to the extent cf the precedtrg. and the name and promptiv available to the public, in tha pernutted by the circumstances. phone number of the otacial designated Public Document Room, the transcript.

by the Commission to resnond to requests electronic recording, or minutes (as re-l 9.106 Per.ons afreeted and motions for reconsideration, f:r information about the meeting, shnu quired by paratraph ta) of this sectiem l s!so be submitted for p'.tb!!catien in the of the discussion of any item cn the l (14 Wr.enever any person whose inter- T agenda, or of any item of the testimony l eats may be directiv a!! acted by a por. rataAZ.

ide TheRectsrtg$Lnnouncement pubite required of any witness received at the mecting.  !

tion of a meeting requests that the Com- by paragraph (a* of this Section shan except for such item or items of such mission close such portion to the puhuc conslet of the secretary ~. dhcussion or testimony as t.he Commis-fcr any of the reasons referred to in e l) pubMely poeting a copy of the docu. sion determinen pursuant to paragraph i

< piragraph (5). (6). or (7) of I 9.104 the (c) of this section to contain informa- i Comntistien. upon request of any one ment in the Pub!!c Document Room at tion which may be withheld under ! 9104 Commissioner, shan vote by recorded 1717 H *treet. .N" W., Washingtort D.C.t or I 9.105(c). Copies of such transertst.

l:

and, to the extent appropriate under the tote whether to close such meeting. or minutes, or a transcription of such re-(bt Any person may petition the Com- C cording disclosing the identity cf each m o8 copy to au persons whose sperktr. shall be furnished to anv person mission to reconsider its action under names an on a mailing list maintained i 9.105'ai or pararraph (a) of this sec. upon payment of the actu11 cort o. du.

ti:n by filing a petition for reconsidera. for this purpose,, plication or transcriptim as provided in (3) submittics a copy for possibje

.ti:n with t.he Commission with31 seven puhucation to at least two newspapers i 9.14. The Secretary shall maintain a days after the date,0f such action and complete verbatim copy of the transcript, befgre the meeting in question is held. of general circuls. tion in the Washing- a complete copy of the minutes. or a l' tc) A petition for reconsideration filed ton.D.C. metropolitan area. complete electronic recording of each phrsuant to paragrarh (b) of this sec. (4) any other means which the Sec- meeting, or portion of a meetint. Closed tion shaft state speciScaUy the sounds ntary believes wHI sme to imher in. to the pub!!c. for a period of at tenst two on which the Commission action is fortn any persons who might be inter- years after such meetmg. or until otte ...-

claimed to.be erroneous, and shall set arted* year after the conclusion of any Com. 'O forth if stbropriate the public mterest 'ei Action under the second sentence mission pro-tedh:2 with resrect '.o which 'l a .

i September 1,1978 m  ;

i

PART 9 O PUBLIC RECORDS *

' ~

lhe meeting or portion was held. which-ever occurs later.

ies In the case of any meeting closed 'I pursuant to I 9.104. as the last item of business. the Commission shall deter. '

mine which if any, portions of the elec- *

" tronic recording, transcript or minutes X and which, if any, items of information ,

j u withheld pursuant to I 9.105(c) con-

$ tain information which should be with.

m held pursuant to I 9.104: provided how.  !

C ner, that should the Commission not make .  ;

such determinations immediately following any such closed meeting, the Secretary of the Commission.* upon the advice of the Office of the General Counsel and after consulting with the Commission, shall make such l

i

_ determinations.

t i

t 5

I

- l

. E i

~ 'Id) If at some later time the Commis- '

mion determines that there is no further l justlecation for withholding any trans-script. reccrding or other item of infor. i m* tion fem the public which has pre-  ;'

viously been withheld, then such infor- i mrtion shall be made avalf able, "

3 9.109 Report to Congrees.  !

• lQ The Secretary shall annually report to  ?

g the Congrets regardine the Commission's , i

- rempliance with the Government in the  !

= Sunshine Act. including a tabulation of i

$ the tcMI number of open meetings, the

' total number of closed meetings, the {

re.ssons for closing such meetings and i

a description of any litigation brought ,

against the Commission pursuant to the Government in the Sunshine Act,includ- f

.ing any costs saseased against,the Com-mission in such litigation (whether or not ]

paid by the Commission). I 1

1 i

1

. i

~ .} i

• Amended 43 FR 10.

l I

9-13 September 1,1978 l

1. PART 2 O RULES OF PRACTICE FOR DOMESTIC LICENSING PROCEEDINGS

..\.,,,

l 2.718 P:wer of presiding efficer. APPENDIX E A presiding officer has the duty to conduct a fair and impartial hearing ac.

cording to law, to take appropriate ac.

tion to avoid delay, and to maintain .

~ order. He has all powers necessary to those ends, including the powers to:

(a) Administer oaths and affirma.

~

tions.

(b) Issue subpoenas authorized by .

law.

(c) Rule on offers of proof

• and

c. receive evidence.

R (d) Order depositions to be taken.

5 (c) Regulate the course of the hear.

r. ing and the conduct of the participants. .

(0 Dispose of procedural requests or similar matters.

(g) Examine witnesses.

(h) Hold conferences before or dur.

ing the hearing fo r settlement.

simplification of the issues.or any other proper purpose.

(i) Certify questions to the Commis.

sion for its determination, either in his discretion or on direction of the Com.

mission.

tji Reopen a proceeding for the reception of further evidence at any time prior to initial decision. . -

(k) Issue initial decisions; and (1) Take any other action consistent with the Act, this chapter. and sections 551 558 of title 5 of the United States Cod. e.

I 2.719 Separation of funettons.

2 (a) A presiding officer shall perform ,

g no duties inconsistent with his respon.

sibilities as a presiding ofGeer, and will not be responsible to or subject to the supervisor or direction of any officer or employee engaged in the performance of invesugative or prosecuting functions.

~

(bt in any adjiadication. the presid.

ing ofGcer may not consult any person other than a member of his staff on any fact in issue unless on notice and oppor.

tunity for all parties to participate, ex. .

cept (1) as required for the disposition of ex parte matters as authorized by law and (2) as provided in paragraph (c) of

_this section. * .

September 1,1978 249

. . ;t* I PART 2 o RULES OF PRACTICE FOR DOMESTIC LICENSING I

I 4:- In ar.y adjudication for the deter. Ed Eve resumony or prod ~uce specifiH N .n.d e an application for initial I sioners and named NR'C personnel at a" documents or other things at a desig. i a:e on;. cther than a contested pro. nated time and place. The subpoena will hearing or on deposition may not be re.

eed r.;.:he pre' siding officer may con. also' advise of the quashing procedure quired by the presiding officer, by sub. ,

tul: . ; . the s:aff, and (2) members of the pr vided in paragraph (f)of this section. poena or otherwise: ?mvided. That the J 3 presiding officer may, upon a showing of d pinei appointed by the Commssion from . (c) Unless the service of a subpoena hich members of atomic safety and exceptional circumstances, such as a case

iicens is acknowledged on its face by the wit.

ness or is served by an officer or in which a particular named NRC 3 me',ieg boards are drawn: Provided, employee has direct personal knowiedge e . That in adjudications in which employee of the Commission. it shall be

' eueptons to the initial decision may be served by a person who is not a party to of a material fact not known to the wit.

Ger. :: the Atomic Safety and Licensing nesses made available by the Executive the hearing and is not less than eighteen Ap;ea; Board.the presiding officer shall Director for Operations require the at. i (18) years of age. Service of a subpoena ndt co:sult any member 'of the Atomic tendance and testimony of named NRC shall be made by delivery of a copy of personnel.

Safety and Licensing Appeal Board or the subpoena to the person named in it

a. .y fae: in issue. (ii) In addition, a party may file with

~ and tendering him the fees for one day's

~ the presiding officer written interrogato.

attendance and the mileage allowed b~i ries to be answered by NRC personnel (ds Excep: as provided in paragraph law. When the subpoena is issued on i:t of this section and i 2.780(e),in any with knowledge of the facts designated behalf of the Commission, fees and m case of adjudication, no officer or by the Executive Director for Opera.

e :p:oyee of the Commission who has mileage need not be tendered, and the .g tions. Upon a finding by the pres subpoena may be served by registered ergaged in the performance of any in. mail.. g. officer that answers to the interrogato.

vesti;at:ve or prosecuting function in the ( w ries are necessary to a proper decision in case of a fa:tually related case may par. . d) Witnesses summoned by sub. li' the proceeding and that answers to the poena shall be paid, by the party at interrogatories are not reasonably ob.

ti:!ptie or advise in the initial or final e. whose instance they appear, the fees and de:istor.. escept as a witness or counsel a mileage paid to witnesses in the district tainable from any other source, the in the proceeding. Where an initial or g courts of the United States, presiding officer may require that the final cec:sion is stated to rest in whole or ,, staff answer the interrogatories.

(e) The person serving the subpoena

n pa : c:: factor opinion obtained as a " shall make proof of service by filing the (iii) No deposition of a particular resal: of a consultation or communica, named NRC employee or answer to in.

subpoena and affidavit or acknowledge.

ac t. aatharized by paragraph (c) of this terrogatories by NRC personnel pur.

ment of service with the officer before suant to paragraphs (h)(2)(i) and (ii) or se:de. c r i 2.750ce). the substance of the whom the witness is required to testify or

. :odrnani:ation shall be specified in the this section shall be required before the produce evidence or with the Secretary.

re: Drd in the proceeding and every party Failure to make proof of service shall matters in controversy in the proceeding tha:1 b4 af' forded an opportunity to con. .not affect the validity of the service. have been identified by order of the tro.er: the fact or opinion. If the parties (f) On motion made promptly and in Commission or the presiding officer.

any event pursuant to i 2.751a. or after the begin.

' g *ros er: su:h fact or opinion prior toatthehas or before the time specified e not had an opportunity in the subpoena for cornpliance by the ning of the prehearing to con.

conference held a f.lir.3 of the decision. a party may con. person to whom the subpoena is pursuant to i 2.752 except upon leave of i: tros ert the fact or opinion by filing an directed, and on notice to the party at the poriding officer for good cause exception to the initial decision, or a shown.

whose instance the subpoena was issued "* '

E ; tition for reconsideration of a finag the presiding officer or. if he is unavaita cc:: lion. :learly and concisely setting (iv) The provisions of f 2.740(c) and ble, the Commission may (1) quash or (c) shall apply to interrogatories served

' rtn the information or argument relied t t: sho. the contrary, modify the subpoena ifit is unreasonable a, pursuant to this subparagraph.

or requires evidence not relevant to any 2 (3) Records or documents in the i 2.~2 0 S ubpoenas. matterin issue.or (2) condition denialof 5 custody of the Commissioners and NRC the motion onjust and reasonable terms. g personnel are available for inspectio a

(g) On application and for good ' and copying or photographing pursuant On applicatron by any party, the cause shown, the Commission will seek denpa:ec presiding officer or, if he is to Q{ 2.744 and 2.790.

t :

judicial enforcement of a subpocha -

availaole. the Chairmar. of the issued to a party and which has not been Mocie Safety and Licensing Board quashed, 7 2321 Atornic safety and licensing

~ boards.

Panei. the Chief Administrative Law .

Judst7 or other designated officer will I~ (h)(1) The provisions of paragraphs (a) The Commission or the Chair.

W e subpoenas requiring the attendance (a) through (g) of this section are not ap.

man of the Atomic Safety and Licensing art

u: tic,n testimony of evidence. ofThe witnesses officer to or the pro. 5 of the Commissioners Board Panel or may NRC from time to time personn lO plicab e,  !

s.hom appli:ation is made may require a g r to the production of records orboards, L.ewir.g of general relevance of the l,, ments in the. custody thereof.

docu.each$ lice ismgestablish comprised of onl l

ssumony or evidence sought, and may g three members. one of whom will be

.:hhold the subpoena if such a showing c: qualified m the conduct of administra. .(

.5 not made but he shalj not attempt to (2)I.i) In 8 procewing in which tne g tive proceedings and two of whom shall 1 1

NRCis a party, the NRC staff will make n have such technical or other qualifica.

- O available one or more witnesses desig.

e: ermine the admissibility of evidence. g nated by the Executive tions as Director for or the Chairman the Commission  !

'of Ever. subpoena will bear the f_perations O for oral examination at the of the Atomic Safety and Licensing s,, regarding any Board Panel deems appropriate

.ame cf the Commission, the name and *e hearing or on depo,ition issues to be decided, to preside , to the 9.:e of the tssuing officer and the title maner, not privileged, which is relevant m tuch

' :ne nearieg, and will command the to the issues m the proceedmg. The at. proceedings for granting, suspending

tsor. ta unom it is. directed to attend , ter! dance and testimony of the Commts. revoking, or amending licenses et (w authorizations as the Commission mar Setember 1,1978

. 2.20

i PART 2 o RULES OF PRACTICE FOR DOMESTIC LICENSING PROCEEDINGS

• Ex P ARTE CO\t\D.NCATIONS .

l !~'DJ~XIT(acts omstany n6ticcuj ,

ir. 2.780 E* P_a. rte comm.u_nications.__

-* N"* I

~ (3) The ruling on each matenal ex. -- - . _

(c) This section does not appfy~ to, 08 ) #^'#7 I", y co v i crc u 'i S E ception'* communications authorized by c* (4) The appropriate ruling, order.or paragraph,(e) of"this section, neither '

I denial of relief, with the effective date., (1) Commissioners, members of their paragraph (e)of this section.to the dis-immediate staffs.or other,NRC officials position of ex parte matters authorized ,

" .{ 2.771 Petition for reconsideration.- . and employees who advise the Com- by law, or to communications re-

. (a s A petition for reconsideration of missioners in .the exercise of their quested by the Commission cocnernd '

a final decision may be filed by a part} quasijudicial functions will request or ing: .

, within ten (10) days afterthe date of the entertain off the record except from (1) Its proprietary functions; '

i g , decision. No petition may be filed with each other, nor (2) any party to a pro- (2) General health and safetf

respect to an initial decision which has ceeding for the issuance, denial, problems and responsibilities of thei <

u. become finalthrough failure tc> file ex- amendment, tra n s fe r, re n e iv a l, Commission; or j i ceptions thereto. modification, suspension, or revoca- (3) The status of proceedings.

(e) In any adjudication for the (b) The petition for reconsideration E tion of a licenss or permit, or any shall state specifically the respects in E officer employee, representative, or determination of an application for in.

which the final decision is claimdd to e any other person directly or indirectly ' itial licensing, other than a contested be erroneous, the grounds of the peti ~ acting in behalf thereof, shall submit- proceeding, Commissioners, membe rs tion, and the relief sought. Within "off the. record to Commissioners or 'of theirimmediate staffs and other NRC

, ten (10)* days after a petition for such staff members, officials, and officials and employees who advise thei c reconsideration has been filed, any employees. any evidence, explanation, ( Commissioners in the exercise of theit ,

2 other party may file an answer in op- analysis, or advice, whether written or D quasi-judicial functions may consult, E position to or in support of the petition. oral, regarding any substantive matter c: the staff, and the staff may communiJ

• a However, the staff may file such an at issue in a proceeding on the record $ case with Commissioners, members oi{

answer within twelve (12) days after a then pending before the NRC for the is- their immediate staffs and other NRC >

, petition for reconsideration has been suance. denial. amendment, transfer, officials and employees who advise the

_, file d. renewal, modification, suspension, or Commissioners in the exercise of theiq R ' (c) Neither the filing nor the grant. revocation of a license or permit. For: quasi. judicial functions. I

" the purposes of this section, the term; (f) The provisions and limitations of!

g ing of the 'petition shall stay the deci.

w sion unless the -Commission orders " proceeding on the record then pend. this section applicable to Commis I i ing before the NRC" shallinclude any sioners, members of their immediate!

R "otherwise.

~{ 2.772 Authority of the Secretary to application or matter which has been staffs, and other NRC officials andl

' ' Rule on Procedural Matters. noticed for hearing or concerning employees who advise the Commis .

When briefs motions orotherpapers which a hearing has been requested sioners in the exercise of their quasi- ,

-listed herein are submitted to the Com- fursant to this part. judicial functions are applicable td

. mission itself, as opposed to officers (os Copies or wr.nea communica' . members of the Atomic Safety andi who have been delegsted authority to tions covered by paragraph (a) of this: Ucensing Appeal Board, members of

'act for the Commission, the Secretary section shall be placed in the NRC; their immediate staffs, and other NRC io r t h e As s is t a n t Secretary are public document room and served byt officials and employees who advise, authorized to: the Secretary on the communicator! members of the Appeal Board in thei Prescribe schedules for the fil. and the parties to the proceeding in i exercise of their quasi-judicial funej

$ng(a)of briefs, motions, or other plead- volved. t tio ns .

ings.where such schedules may differ (c) A Commis sione r, member of his 1 from those elsewhere prescribed in immediate staff, or other NRC official! _r NOTE: [ Deleted 40 FR 2973.] ,

'these rules or where these rules do not er emp!oyee advising the Commis-l R prescribe a schedule; siener in the exercise of their quasi ' E ATOMIC SAFETY AND LICENst'NO g (b) Rule 'on motions for extensions judicial functions. to 'whom is at.; E APPEAL BOARD O .of time; tempted any oral communication con. ~

". (c) Reject motions, briefs, plead , cerning any substantive matter at issue "L" m 'ings, and other documents filed with g in a proceeding on the record as i 2.785 Functions of Atomic Safed ,

F )he Commission !rter than the time e described in paragraph (a)of this sec. and Licensing Appeal Boards.

pre scribed by the Secretary or the

• tion willdecline to listen to such comy Assistant Secretary or established by " munication and will explain that ,the (a) The Commission has authorizeo.

pn order, rule, or regulation of the matter is pending for determination. Ifl Atomic Safety and Licensing Appeal, l Commission unless good cause is unsuccessfut in preventing such com. ,e Boards to exercise the authority and per .

shown for the late filing; municati'on, the recipient thereof will R form the review functions which would '

. (d) Prescribe all procedural ar. advise the communicator that a written "eotherwise have been exercised and per.

,rangements relating to any oral argu. summary of the conversation will be ' formed by the Commission, including ment to be held before the Commis., ,deliymd_lo (bcEllC public document S bu't not limited to, those under ((

_sion; room and a copy served by the Secre- 2.760-2.771,2.912, and 2.913 in (l) pro-(eiExtend the time for the Cornmis. tary of the Commission on the .com. ceedings on applications for licenses '

alon to rule on a petition for redew municator and the parties to the pro- under Part 50 of this chapter and (2) .

g under 10 CFR 2.786(b);(D Extend the cceding involved. The recipient of the .

such other licensing proceedings under g time for the Comminston to grant oral cornmunication thereupon will' the regulations in this chapter as the >

make a fair, wrinen summary of such tend ime r c mmunication and dehver such sum- - Commission may specify.

i i 2 2.786(

• g 0 CorWanion redew on its own motion mary to the NRC public document of a Director's denial under 10 CFR 2.206(c). room and serve copies thereof upon

• Amended 43 FR 17798 the communicator and the_p,arties ,toj 2rTm#mESnn_l

w s

.(

i T

l '12428 '

.4o  ;

s l

proposedroles s' TW section of N FIDEcAt REGIST!t conomins noe6ces to % pubr.c of the proposed hsuance of rules and regulations. The purpol ghe inte ested F.as on opportunity to participate in the rule making prior to b odoption of the final rules.  !

. ii

[gto_ot.g] FOR FURTHER INFORMATION FOR CONTACT:

FURTHER INFORMATION e; <

CONTACT:

Additional information may be se- Stephen'S. Ostrach, Esq., Office of I' DEPARTMENT OF AGRICULTURE the General Counsel. U.S. Nuclear [

cured on request, submitted to M ce e M e 5.<mtery Weldon V. Barton. Director, Office Regulatory Commluion. Washing-of Energy, Department of Agricul- ton, D.C. 20555, (202) 634-3224.

(7 CFR Port 2900]

. ture. (202) 447-2455. SUPPLEMENTARY INFORMATION: i E$stNnAL AGtlCULTURAL U$ts OF NATURAt SUPPLEMENTARY INFORMATION: These proposed amendments have two GAS Comments are particularly indted primary purposes. They are designed - .

from State and local agencies which to adapt the Commluton's rules to the }

~ Ste authorized to develop and enforce terminology of the Government in the i [

Availehmty ef Draft E.i - - -A' impec, environmental standards and from Sunshine Act and they are also de- 1 se,,,,,,,,

Federal agencies having jurisdiction signed to codify the practices the l s Commission now employs in its adjudi-AGENCY: Office of the Secretary, by law or special expertise with re- catory proceedings with regard to cz spect to any environtnental impact in- 3 '

USDA. volved from which comments have not parte communications.

ACI* ION: Notice of availabinty of been requested specifically. Both the separation of functions ' ,

draft em*ironmental impact statement Copies of the OE Draft Emironmen- regulation, f 2.719. and the er parte and request for comments, tal impact Statement have been sent regulation, f 2.780, are based on the I ;.

SUI,3&ARY: Notice is hereby given to various Federal. State and local concept of "Commiulon adjud '

that the Office of Energy (OE) has agencies, as outuned in the Council of employees." principle it This term isisnew, represents but thein q:

embodied prepared a Draft . Environmental Environmental Quality guidelines. the present regulations. It is intended ,

Impact Statement (DEIS) in accord- Dated at Washington, D.C. this 27th to include an of those employees who ;; ~

ance with Section 102(2)(c) of the Na* da of Feb 1979* participate in the mnking of the Com.

tional Environmental Poucy Act of WE:. don V. BARToN, mission's (or the subordinate adjud1Ca- U 1969 (NEPA) in connection with the Director, O// Ice o/ Energy. tr.g pane.ts') decisions in adjudicatory .'

proposed rule by the Secretary of Ag- proceedings, and it should be broadly f:

riculture to certify the essential agri. tFR Doc. %7106 F11ed 3-6-79: 8:50 aml construed. Of course, it does not in-cultural uses of natural gas to the Sec. [7590-01-M] clude those people whose participation retary of Energy under Section 401 of I"

• d'* "" # # #*** I' "

'i the Natural Gas Pou y Act (Pub. L- NUCLEAR REGULATORY 95-621). (43 FR 54938. Noveraber 24* COMMIS$10N sel The Commluton has requested the

[10 CFR Port 2]

Department of Agriculture ear- General Counsels office to examine lier prept. red a preUmi'wy impact gutI5 CF PRACTICI the extent to which direct communica.

analysis of the proposed rule. In re- AGENCY: U.S. Nuclear Regulatory tions between the Commlufoners and the Commission staff may legally and >

sponse to pubue com=ent, a draft en- Comm f ulon.

virenmental impact statement has practicauy be employed as manage-bee:) prepared which discusses the eco. ACTION: Proposed rule. ment tools. In particular, the study nomic and environmental conse-

SUMMARY

The Commission is wiu examine the extent to which Com-quences of four alternative curtan- amending its rule dealing with c= missioners can, not on the record. ,

ment plans. This statement examines perte com:nunications and the separa- communicate with staff on issues the i= pacts on agriculture, affected tion of adjudicatory and non.adjudica- which arise in specific proceeding in industries, air quauty, water quality, tory functions so that those rules wiH tdjudication without viohting the er and biologicai resotutes. accord Mth the Government in the rcrte provisions of the Art -Mf=trative Sunshine Act, Pub. I. No.94-409. The Pncedure Act and without violating DATE: Comments must be received on substance of the proposed rules is the " hearing" requirement of the or before April 23.1979. largely unchanged from the Commis. Atomic Energy Act. This study, which ADOy SS: Send cornments to: Direc* sion's cup it rules and practices in is now. scheduled to be completed in '

tor. Omce of Energy. U.S. Depart:nent theater- ;1 red. approximately two months, may lead to recommendations for modification of Ag-iculture, Roo:n 226-E. ArimMis- DATE: Ctanments must be received on of the regulations proposed below or tration Buf1 ding.12th and indepen- or before April:3.1979* for other modifications in the Com.

dence Ave., S.W., Washington, D.C. Written comtnents mission's current regulations and prac- ,

20250. The Draft Environmental ADDRESSES:

Impact State =ent may be examined should be submitted to the Secretary tices. Pubuc comment on the issue of during regular business hours at the of the Commfuion. U.S. Nuclear Reg. such now or communications may be made after may thebe made General Office of Energy in the South Agricul- ulatory Cornmiulon, Washington. D.C.

ture Building.12th Street and Inde- 205:5. ATTN: Docketing and Service Counsel's recommendations are made i pendence Avenue, S.W., Washington. Branch. Copies of all comments re- pubuc. Proposed 12.719 is drawn from 5

• D.C. Room 5173. Copies of the OE ceived may be examined in the Com- U.S.C. 554(d) and the Commission's '

DEIS may be obtained upon request to mission's Pubue Document Room at present regulation on separation of 1717 H Street, N.W., Washington. D.C.

the OE at the above address.

FEDERAt RIGt! tit, VOt. 44, NC. 46-. WEDNESDAY, MARCH y,1779 I

PR$ POSED RULES 12420 functions. Subsecti:n (b) is ' designed 2.780(e) as it is presently writtsn. Ths catory employees will be treated. They to prevent adjudicatory employees absence of any dispute involving the . are modeled after the provisions of the from being subordinate to non-adjudi. application ensures that this provision Sunshine Act, and also provide that. in catory employees so that no situations . ' will not prejudice any party. most cases. the Secretary of the Com.

' can arise in which the independence of The final exclusion from the defini. mission will send copies of the commu.

the Commission's adjudications may tion of er parte communications in. nication to all parties to the proceed. l i be sospect. Subsection ~(c) wiu prevent volves generic issues. This exclusion ing. l Camminion staff personnel who have takes account of the Commission's ' Subsection (h) explains how pro. j appeared as parties in adjudications dual responsibuities as both an adjudi. ceedings to impose sanctions for viola. j from participating in making the deci. catory and a rulemaking body. The tions of the es parte rule shall be com.

• stons in those or factualy related adju. Commission often has before it gener. menced. The Commission expects that !

dications. This provision does not ic rulemaking proposals which would the sanctions imposed in any case win apply to uncontested applications for alter Commission policy in broad areas take into account the intent of the j initial licenses or to informal rulemak. of its responsibilities. In many cases persons involved, the seriousness of l ings conducted pursuant to 5 U.S.C. '

such proposals. If adopted, would have the violation, the nature of the issues 563. .

an effect on adjudicatory proceedings and their importance to the proceed. 'l Section 2.780 is intended to cover all and. In some cases, on matters current. Ing, the Interests of other parties or i Commission adjudications. It does not ly in issue in such adjudications. To in* persons, the pubile interest and other {

apply to informal rulemakings or to clude these generic matters within the relevant factors. Subsection (1) defines 6 decisions on requests for enforcement definition of er parte communications when the prohibition against ez parte i sction pursuant to 2.0 CFR 2.206. It would significantly impair the Com. communications comes into effect.  !

does apply once an enforcement pro. mission's ability to resolve generic Subsection (jX1) defines the term pro.

ceeding has been instituted pursuant issues through rulemaking. Since the ceeding so as to exclude export and  !

to 10 CFR 2.202. There are several spe. same generic issue may affect many import proceedings from the deffnj.  !

cific exclusions from the definition of adjudications, each with separate par. tion, since those proceedings are sepa. I em parte communication in subsection ties, resolution of these issues through rately treated in Part 110 of the Coma 1 2.780(b). The first exception involves adjudicatory or quaal. adjudicatory mission's regulations. . Furthermore.  !

requests for reports on the current procedures might in some cases pre. consistent with current Commission  :

status of a pK,en,. dig or upon sched. vent the Comminion from taking poi!cy, rulemaking proceedings con.

uling matters. This exception perm'*.* needed regulatory action in an expedi.

the parties to obtain easily this neces. tlous fashion. The Commission be.

ducted pursuant to Subpart H of 10 l sary and routine information. The 11 eves that this poucy accords with law CFR Part 2 are also not included  !

within the coverage of the ez parte  !

second exception is for er parte com. and is justified for the policy reasons prohibition except as the Comm% ion i munications which are specifictUr given above. However, the Commission y permitted by statute or regulation, recognizes that this provision cannot I such as requests for subpoenas or dis. be used as a means of circumventing ubsut! ( )  !

cussions of certain classified informs. the adjudicatory process and win act the term interested person as that tion (see 10 CFR 2.912). This excep. to ensure that its use !s limited to mat. term is defined in the legislative histo. ,

tion simply recognizes that the policy ters that are of generic rather than ry of the Sunshine Act. H.R. Rep. 94 . . .l sgainst ez ' parte communications can limited concern. 880 Part I. 94th Cong. 2nd Sess. at~ 19-

[

be overcome by other policy consider. 20 (1976).

Subsections (c) and (d) of f 2.780 are Pursuant to section 161 of the ations. Aslo excluded from the defini. the essential operative provisions of i tion are communications by or to the er parte rule. Together they bar er Atomic Energy Act and 5 U.S.C. 553. j members of the Office of the General parte communications either to or notice is hereby given that adoption of  ;

Counsei regarding matters pending from Comminton adjudicatory em, the fonowing amendments to 10 CFR ,

before a court or another agency. A1 ployees. The prohibitions apply to "in. Part 2 is contemplated. All interested though in most cases lasues are litigat. terested persons as that term is used persons who desire to submit written ed in the courts only after they have in the Government in the Sunshine comments or suggestiens for consider. i been adjudicated by the Comminion. Act. The long. standing Comm!nion ation in connection with the proposed  !

there have been cases in which mat. policy against er parte communica, amendments should send them to the  ;

ters were pending in litigation at the tions between adjudicatory and non. Secretary. United States Nuclear Reg.  !

same time that those or related issues adjudicatory employees is also made ulatory Commission. Washington, D.C. [

were before the Commission or the explicit. Subsection (e) is a codifica. 20555. Attention: Docketing and Serv. ,

Boards. In such cases it is sometimes tion of current procedures for desting ice Branch. All comments must be re.  ;

necessary for members of the Office of with er parte communications. It pro, ceived by April 23,1979. Copies of all }

! the General Counsel to discuss the liti- vides that, to the extent possible, er comments received may be examined sation with the parties who may also parte communications will be chan, in the Commission's Public Document be parties to the Commission proceed. neled to the Office of the Executive Room at 1717 E Street NW., Washing.

ing. Subsection 2.780(bx3) recognizes Director for Operations for handling ton. D.C.

this need and excludes such communi. by that office. Since the communica. 1. It is proposed to amend i 2.719 to  ;

cations from the definition of er parte tions will not reach any adjudicatory read as fouows:

communications so long as they are employee, this means they will in most limited to discussions of the matters cases not have to be copied and circu. I 2.m Separation of Fune&no Gmmis.  ;

pending before the court (or other lated to the parties. This will result in sTon Adjudlestory Employees.  ;

agenc'y). The fourth exemption per. . a significant cost savings to the Com. (a) As defined in this section. Com. i mits adjudicatory employees to com- mission which presently copies and mission adjudicatory employees in. [

municate directly with the staff in un. circulates an er parte communications clude

l contested licensing proceedings which. regardless of the volume of such com. (1) The Chairman and Commission. i as defined by 10 CFR 2.4(n). are pro. munications or whether they reached ers and members of their personal ceedings in which the only parties are the Comminion employee to whom staffs:

the staff and the applicant and where they were sent. Subsections (f) and (g) (2) Members of the Atomic Safety there are no issues in dispute. This provide how er parte communications and Licensing Appeal Panel and mem. l provision is carried over from 10 CFR which are received or made by adjudi. bers of the staff of that panel; j i

FECERAL R50tSTER, VOL. 44, NO. a6.-YfEDNESDAY. MARCH 7,1979^

l

.1 I

h r

• ~ '

124301 ,

PRCPCSED RULAS (3) M:mbers gf tb3 Attmic Safety gr written c:mmunicatirn r21tvant to with but siparate from th2 puhucl and Lleensing Board Panel and mem- the merits of any proceeding on the record of that proceeding:

(1) Au such communicatjons which I

j bers of the staff of that panal; record pending before the NRC which (4) The General Counsel and em- is not made on the public record and are(2) written; Memoranda stating the sub-1 ployees of the Office of the General with respect to which reasonable prior Counsel; notice to all participants in the pro. stance of any such communications 3 (5) The Director of the Offlee of ceeding is not given, but it shall not in- which were oral; and Po!Ier 2Naluation and employees of clude: (3) Au written responses, and memo- l that office; .

- (1) Requests for status reports; . randa stating the substance of all oral l

-(6) The Secretary and employees of - (2) Iz parte communications specifi- responses to the materials discussed in j

' the Office of the Secretary; and .cally permitted *t.y statute or regula- paragraphs (f)(1) and (fX2) of this sec- -l (T) The Director of the Office of In- Uon tfor evample,12.720 of this part); tion. .

spector and Auditor and employees of (3) Communications made to or by (g) The Secretary will send copies of l that office.

~

members of the Office of the General any communie=*a of the idads listed 1 (b)' Commission adjudicatory em* Counsel regarding matters pending in paragraphs (fX1). (2) and (3) of this i ployees sha!! perform no duties incon- before a court or another agency; sectibn to all participants to the pro- l sistent with their adjudicatory respon- (4) Communicauens between staff ceeding with respect to which it was alb!11 ties. In carrying out their adjudi- and any r'ammi==iaa adjudiatory em. made, and wul notify the communica-catory responsibilities these employees ployee in a proceeding involving an ap- tor of the provisions of this regulation will not be responsible to or subject to plicauon for initial licensing other prohibiting er perfs communications. ;l If the communications are from per-the supervision or direction of any than in a contested proceeding as de- sons other than participants to the !

Commission officer ' or employee fined by I 2.4(n) of this Part; and -

except another Commission adjudica- (5) Communications between the proceedings or their agents, and the i tory employee acting under this Sub. - r*ammi== tan and staff regarding gener. Secretary determines that it would be ]

- part-ic lasues involving public health and too burdensome to send copies of the ;

(c) Except as prodded in 92.780 of safety or other statutory responsibil- communications to all participants be- I this Subpart and except in uncontest. Ities of the Commission not specifical- cause: (1) the communications are ao j ed proceedings involvmg an applica. ly related to any particular proceeding voluminous, or (2) the communica- p tion for initial licensing, no officer or pending before the Cammi== ion. - tions are of such bo'rdarline relevance l employee of the Commission except a (c) No commi== ton adjudicatory em. to the issues of the proceeding or (3) ;

member of the Commission who has playee wul make or knowingly cause the participants to the proceeding are oI engaged in the perfonnance of any in- to be made to any interested person so numerous, the Secretary may in-restigative or prosecuting functions in outside the NRC or to any NRC em. stead notify the par $1cipants that the l that case or in any factually related playee engaged in the performance of communications have been received.

case may participate or advise in the investigative or prosecuting functions placed in the fue, and are available for i initial or final decision, except as a in that or in any factually related pro- e== min =* inn and will be sent upon re- .l witness or counsel in the proceeding. coeding an er parte communication. quest.

Representation of the Commissica in (d) No interested person outside the - (h) Upon receipt of a communication [

sny court of law or before any agency NRC and no NRC employee engaged knosingly made or knowingly caused other than the Commission does not in the performance of investigst ye or to be made in violation of this section, constitute the performance of investi- prosecuting functions in that proceed- a Comml==lan adjudicatory employee I 6 gative or idasing functions for the ing or any f actually related proceeding may, to the extent consistent with the purposes of this section. aball make or shall knowingly cause to interests of justice and the policy of f

2. It is proposed to amend 12.780 to be made to any Comml== ion adjudica- the underlying statutes, recommend to i' read as folloes; tory employee an er parte communica. the appropriate Commi== fan adjudica-tionf tory tribunal that the person making iL700 Es parte -==i-=h- Com. (e) To the extent possible, all er or causing the prohibited communica-mianlon agediensory eenployees, parte communications directed to any tion be made to show cause why his (a) As defined in this section, Com- Commismian adjudicatory employee claim or interest in the proceeding mission adjudicatory employees in- will be referred to the Office of the should not be denied, disregar:ted. dis- .

clude: Executile Director for Operations for missed or otherwise adversely affected l (1) The Chairman and Commt==lon- banming by that office, and such er because of such violation.

ers and members of their personal parte communications will not be (1) The prohibitions of this section l staffs: transtnitted to the Commission adjudi- shall apply when a proceeding is first [

(2) Members of the Atomic Safety catory employee to whom they were noticed for a formal hearing on the g and Licensing Appeal Panel and mem- directed.. Such ez parte communica- record, unless the person responsible ;

bers of the staff of that panel; tions shan be placed in a file associst. for the communication has knowledge l (3) Members of the Atomic Safety ed with but separate from the record that it will be noticed, in which case [

and Licensint Board Panel and mem- of the proceeding to which the er the prohibition shall apply at the time i bers of the staff of that panal; parte communication pertains. If a he acquires such knowledge- l (j) As used in this section: >

(4) The General Counsel and em. communication was made or solicited (1) The term proceeding shaI! not

• ployees of the Office of the General by a Commission adjudicatory employ.

Counsel:

ee or II it is otherwise appropriate, refer to any proceeding or proceedings ! '

(5) The Director of the Offles of the Executive Director for Operations governed by Part 110 of this chapter. I Polley Evalus. tion and employees of wC1 serve the er parte communication and except as the Commission may that office; on all parties to the proceeding to otherwise direct aball not refer to any *

(6) The Secretary and etaployees of which it pertains. proceeding for the adoption, amend- l the Office of the Secre'.ary; and (f) Any Comml== tan adjudicatory ment or repeal of any rule or regula- l (7) The Director of the O!Ilce of In- employee who, despite paragraph (e) tion which is conducted pursuant to :l spector and Auditor and employees of of this section, receives, makes or Subpart E of this Part, and (2) The term interested person is in-that office, knowingly causes to bp nade a com- tended to be a wide, inclusive te (b) As used in this section, the term munication prohibited or this section l' er parte communication means an oral will place in a public file associated covering any individual or other

\  %

~

PEDERAL RaelSTER, VOL. 44, MO. 46-WEDNESSAY, MasCH y,19r9 l

i-l l

, . -~-- .- - - . . - - . . - . . - . - - _ . - _

, .- .1 V '. s PR2P35ED RULES . 12431 person with an interest in the agency Rtbert C. Gillstte (EIsring Proce- NCUA-31 and <ntitled Litigatisn Ca.a proceeding that is greater than the dures). Economic Regulatory Admin. ' Filea. Thus. NCUA proposes to amen 1 general interest the public as a whole istration. 2000 M Street. N.W., Room - f 720.35 to reflect the existence of this may have. The interest need not be 2214B. Washington, D.C. 20481 new exempted system. ,

, monetary nor need a' person be a (202) 254-4201. When a new system of records is

c party to, or intervenor in, the agency Thomas (Regulations and proposed, subsection (o) of the Privacy j proceeding to come under this section- Daniel J'cy Planning). Economic Act (5 U.S.C. 552ato)). requires that s l The term includes, but is not limited Emergen to, parties, competitors, public offl.

Regulatory AHministration. 2000 M Report on the New System of Records ;

. Street. N.W - Room 2310. Washing. (" Report") be submitted for review to 1 cials, and nonprofit or pubile interest ton, D.C. 20461. (202) 254-7477* Congress and to the Office of Manage. ;

organisations and associations with a ment and Budget. Additionally, an op. {

special interest in the matter regulat. Issued in Washington, D.C., March portunity for public notice and com. ;

ed. The term does not include a 1,1979. ment on ' the proposed new system. i member of the public at large who DocatAs O. Rosnesow. NCUA-31: Litigation Case Files, is ' l makes a casual or general expression Assistant Administration. Jteau- being provided concurrently with this j of opinion about pending procesdings.

• Istions and Emergency Plan

• proposed amendment.

sing, Economic JtegutatorF .{

For the Commission. Administrator, NCUA-31 would be exempt from j subsections (cX3), (d), (eX1) (eX4XO). I S aaru m. J. C E . m [FTt Dec. 79-6915 FUed 3-4-79; 8:45aml (H) and (D, and (f) of the Privacy Act

• Secretaryef the Commission. (5 U.S.C. 552ateX3). (d). ' (eX1). !

Dated at Washington. DC, this 1st (eX4XO) (H). (D(f)). Insofar as this l day of March 1979. [7535-01-M] system of records contains invest!gs. l (FR Doc. 79-4874 Fued 3-4-79; 8:45 am)

NATIONAL CREDIT UNION ADMINISTRATION

' I"# "***d'I*

"".# I" ,I**

forcement purposes However if any !

Individual is denied any right, privi. ;

'"' I M450-01-M] I12 CPR Pese y201 lege or benefit to which the individual .j would otherwise be entitled by Federal l DEPARTMEBfT OF ENERGY PaOTEcnoN OF PafVACY CP INDMOUAL law, or for which the individual other-

, asCOsos wise would be eligible, as a result of the maintenance of such records, such I"I***E N

• • • P'"'

[10 CPR Peres til and 212] records or information contained '

AGENCY: National Credit Union Ad. therein win be accessible to the indi.

[ Docket No. ERA-R-75-123 ministration. vidual: Prot.idad. The identity of a j

===Ts 70 aMPOSE THE ENTITLEMENT ACTION: Privacy Act Notice and Pro- conndendal sew is not disclosed. -}

The mis anta!ned in MA_3, j OsusADON ON THE FIRST PURCHASE OP posed Revisions to 12 CFR 720.35. .

PalCE CONTROMB DOMESDC CRUDE CE are used in connection with the exeCU. :

SUMMARY

NCUA proposes to tion of NCUA's legal and enforcement 1 Pneeemed assemeMas Ceneounden of Pubus amend 12 CFR 720.35. Exemptions, to responsibiUtles under the Federsi i Hearine give nottee of another new system of Credit Union Act (12 U.S.C. 1786  ;

AGENCY: Econanic Regulatory Ad* ' records which is exempt from certain 1789) and the Federal Tort Claims Act ;

ministration. Department of Energy. provisions of the Privacy Act of 1974 (28 U.S.C. 2671-2680). Records may >

(5 U.S.C. 552a (1974)) (the ** Privacy contain unverified, unsolicited state. I ACITON: Proposed ruleme;ing; can. Act") pursuant to subsection (kX2) of ments sometimes received from confl. I cenation of public bearing, the Privacy Act (5 U.S.C. 552a(kx2)). dential sources. In addition, reports of i

SUMMARY

On January 25.1979, the DATES: Comments must be received investigations or other internal agency l Economic Regulatory Alministration on or before April 7,1979, memoranda may be included in these ;

(ERA) of the Department of Energy fues. NCUA believes that the disclo. 3 (DOE) proposed to amend its domestic ADDRESS: Send written comments to sure of the existence of the informs. l crude oil allocation (or entitlements) Robert 8. Monheit. Senior Attorney. tion in this system or the identity of ;

program to imr= the entitlement . Du of Geral Counsel. National smces of infumation may sedously ;

purchase obligation on the first pur. Credit Union Admir.!stration. 2025 M hamper and undermine effective en.

chase of price controUed domestic Stnet, W., Washington, D.C. 20456. forcement of the Federal credit union i crude oil, regardless of whether the FOR FURTHER DrFORMATION laws. Such disclosure may prematurely j purchaser is a refiner reseller, or some CONTACT; alert individuals that they are under other user of crude oil. (44 FR 5296) investigation or provide access to evt. i Beatrix D. Fields, Staff Attorney, dentiary information. S!milary, an ac.

In the same notice, DOE announced Office of Generst Counsel, or tele

• counting as required by subsection I that a public hearing would be held on phone (202) 632-4870. (cX1) of the Privacy Act (5 U.S.C.

I March 8,1979, in Denver, Colorado for SUPPLEMENTARY INFORMATION: 522a(cX1)) should not be disclosed, as i

the purpose of accepting oral com' l_ ta on the proposed regulations. Subsection (k) of the Privacy Act (5 it may indicate that records have been i

"" only two aquests to speak U.S.C. 662s(k)) sets forth specific ex. forwarded to the Justice Department i!

were made. DOE has determined after emotions for systems of records which for considention of criminal proceed.

consultation with the requesting par. may be exempted from certain provi. Ings. If such an accounting is dis.

ties that the public hearing will not be sions of the Privacy Act. Those NCUA closed, an individual may flee the ju.

noosasary. Accordingly, the hearing systems of records which are exempt risdiction or otherwise interfere with previously scheduled for March 8, pursuant to subsection (k) are de. criminal prosecution. During litigation 1 is canMed. scribed in f 720.35(c) of its rules and access to case file information is linut.

However, the public hearing in regulations (12 CFR 720.35(c)). In ac. ed by the bounds of appucable discov.

Washington. D.C. will be held as an. cordance with the Privacy Act. NCUA ery rules as to disclosure of investiga.

nounced on March 13,1979. is creating a new system of records ' tory materials. After the conclusion of i that is considered to be an exempted an administrative or judicial proceed.

FOR FURTHER INFORMATION system under subsection (kX2) of the ing, it is necessary to retain investiga. I CONTACII Privacy Act. The system is designated tory materials intact. Further legal

'PEDstAt REstsfra, VOL. ad, NO. 46 -WIDNRSDAY, MARCH y,1979 )

}

l E_. . . . _ .____~_ _ __ _ .__ . _ _ _ _ _ _ _ _ _ :

k UNITED STATES NUCLEAD REGULATORY C0r.MISSICN '

PDR HONTHLY ACCESSION LIST APPENDIX F. ,

PAGE -15 79/01'/01 - 79/01/31 .

FILE LOCATION ,

'!LE LEVELS 00C. DATE ...................................

10CFM P19.7 790111 10CFR 79/01/11 ACCESSION NSRS 7901170380 TASK h8HE 790111

• FICHE kHRt. PT9.7 DOC. TYPEt MEMO 79011702998 ABR. PAGES: 1P. NOTARIZEOS j 00ChET UATEI LPOR: NO REPORT NnRI -

' AUTHOR CHILKe3.J. AFFIL: OFFICE OF THE SECRETARY OF THE COMMISSION HECIP.8 AFFILt OFFICE OF THE SECRETARY OF THE COMMISSION SUBJECTt COMMISSION DETERMINATION RE PUBLIC DISCLOSURE UNDER THE GOVT IN THE SuhSHINE ACT OF TRANSCRIPT OF LICENSING HEFORM DISCUSSI0d 0F 771215. TRANSCRIPT NILL BE WITHHELO FNOM PU6LIC DISCLOSudEIMAY HE N. ELEASED AFTER CONGHESS A0J00NNS.

FR PT9.7 790112 TASM hBRt 10CFR 79/01/12 ACCESSION NOR 7901250024 FICHE NURI PT9.7 790112 l 00C. TYPE MEMO h8H. PAGES1 1P. NOTAEIZEDs i 00CnET unTE LPokt NG 9 NEPONT Abd8 AUTH0HI CHILKe3.J. AFFILt OFFICE OF THE SECRETARY OF THE COMMISSION AFFIL OFFICE OF THE SECRETARY OF THE COMMISSION j NtCIP.8 g

SUBJECTS COMMISSION R.ELEASES " TRANSCRIPT OF COMMISSION DISCUSSION OF }

- UUUGET HawnUP FY79tAUGUST 26,19FF" IN ITS EhTINETY.

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