ML20135H375

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Annual Rept for 1984 on Administration of Govt in Sunshine Act of 1976
ML20135H375
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Issue date: 12/31/1984
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{{#Wiki_filter:_ _ _ - _ _ _ _ _ _ _ l i i ANNUAL REPORT FOR 1984 ON ADMINISTRATION OF GOVERNMENT IN THE SUNSHINE ACT OF 1976 a I, 'l f f, s Y e i i UNITED STATES NUCLEAR REGULATORY COMMISSION 8509230140 850906 PDR COMMS NRCC l CORRESPONDENCE PDR

9 TABLE OF CONTENTS PAGE 1. Agency Reporting................................... 2 2. Year Being Reported................................ 2 3. Total Number of Meetings........................... 2 4. Exemptions Used for Closing Meetings............... 2 Budget Meetings............................... 3 Congressional Testimony Meetings.............. 3 Briefings by Agency Staff..................... 3 5. Description of Litigation.......................... 3 6. Notation Voting.................................... 3 7. Public Observation 4 8. Public Notice...................................... 5 9. Public Interest '7 10. Releasing of Meeting Records....................... 7 11. Requests to Open................................... 8 12. Formal Complaints.................................. 9 13. Ex Parte Communications............................ 9 14. Additional Information............................. 9 APPENDIX A - Definition of Meetings APPENDIX B - Tabulation of Open-and Closed Meetings by Month APPENDIX C - Tabulation of Meetires by Days' Notice ' APPENDIX D - NRC Regulatior. i, & ended Implementing the Sunshine Act APPENDIX E - NRC Ex' Parte and Separation of Functions. Regulations APPENDIX F - Sample Page of Index

ANNUAL REPORT GOVERNMENT IN THE SUNSHINE ACT 1. AGENCY NAME: U.S. Nuclear Regulatory Commission 2. CALENDAR YEAR: 1984 3. MEETINGS: (See definitions in Appendix A) A. Total Number of Open........................ 145 (67%) B. Total Number of. Cl osed...................... 65 (29%) C. Total Number of Partially Open/ Closed........ 8 (4%) Total Number of Meeti ngs............... 218 The above meetings are counted by the number of separate agenda topics discussed as described in Appendix A. The same number of topics counted by the method used by Common Cause results in the following number of meetings (see definitions in the Appendix): D. Total Sessions Open.......................... 112 E. Total Sessions Closed......................... 42 F. Total Sessions Partially Open/ Closed......... 25 Total Number of Sessions................ 179 Throughout this report, meeting numbers quoted are counts of individual items. 4. EXEMPTIONS USED FOR CLOSING OR PARTIALLY CLOSING MEETINGS (NUMBER OF TIMES USED) A. Exemption 1.................................. 11 Exemption 5................................... 1 ' Exemption 10................................. 19 Exemptions 2 & 6............................. 15 Exemptions 5 & 7............................. 16 Exemptions 5, 6 & 7........................... 2 Exemptions 5 & 10............................. 3 i

Exemptions 9b & 10............................ 1 Exemptions 5, 7 & 10.......................... 4 To t a l.................................... 7 3 The percent of closed / partially closed meetings in 1984 decreased slightly from 1983. B. NRC's policy regarding the closing of meetings pertaining to the budget, Congressional testimony, and briefings of agency members by staff is as follows: (1) Budget Meetings. The Court of Appeals for the District of Columbia concluded in Comon Cause v. NRC, 674 F.2d 2 921 (D.C. Cir. 1982), that there was no exemption under the Sunshine Act authorizing automatic closure of budget meetings. After Common Cause, the Commission has not convened any closed meetings to discuss the budget. (2) Meetings at which Congressional testimony is discussed. In 1984 there were no Comission meetings held to discuss Congressional testimony. (3) Briefings of agency members by NRC staff. All briefings by NRC staff of a quorum of the Commission are considered to be the cor. duct of official Commission business and are therefore treated as meetings under provisions of the Act. Of the total of 218 meetings held.in 1984, there were 133 staff briefings; 111 were held in public session, 17.were in closed ~ session and 5 were part open, part closed. Meeting records of closed briefings are reviewed for retention / release as described in Section 10 below. 5. DESCRIPTION OF LITIGATION The 1983 Annual Report described the United States Court of Appeals for the District of Columbia decision in Philadelahia Newspapers, Inc. v. NRC, 727 F2d 1195 (D.C. Cir. 1984). In tlat decision the Court heTd that the Comission could close meetings under exemption 10 to discuss Atomic Safety and Licensing Appeal Board decisions relating to the restart of Three Mile Island, Unit 1, but could not use exemption 10 to close meetings devoted to whether.the facility should be permitted to restart during the pendancy of L administrative appeals. 6. NOTATION VOTING The Comission decision making process is varied. The Comission votes on issues at Comission meetings. In addition, the Comission makes decisions on issues which do not require l -,,i

interactive discussion among all Comissioners in the presence of each other, thereby lending themselves to a notation voting provide views (approval and/or comments)g, individual Comissioners process. In this type of decision makin on proposed staff actions in writing to the Secretary. These matters normally do not have far reaching implications; represent only moderate extension or elaboration of existing policy or rule; or do not set precedents. Typical examples include responses to Congress on GA0 reports, agreements with Executive Branch agencies, export licenses, outgoing Comission correspondence, proposed rulemaking actions, appointments and reappointments to advisory comittees, denial of F0IA appeals, and notation of actions being taken or about to be taken under delegations of authority to the staff. A variation of notation voting is utilized to obtain Comissioners' views on' agency business which by law requires formal vote in an open meeting but is not of such a complex nature as to require iterative conversation between Comissioners in the presence of each other. After all participating Comissioners has expressed their views in writing, public Comission meetings are scheduled for the purposeiof a formal vote (ratification of Comissioners' views on the issue), with or without discussion as desired. Examples of matters which are decided in this manner include delegations of authority, granting certain security clearances, final rulemakings, responses to certain petitions, taking review of Atomic Safety Licensing Appeal Board decisions, and residual administrative actions on policy matters when the substance of the issue has been previously discussed in a Comission meeting. 7. PUBLIC OBSERVATION The Comission has continued its policy of providing meaningful public observation and understanding of open meetings through the following measures: A. The Comission's main conference room with a seating capacity 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 any other attendee. B. Copies of any viewgraphs to be used in the course of meetings are made available to meeting attendees at the 'ntrance to the conference room prior to the comencement of the meeting. C. Copies of the print gal 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 Docur:ent 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 1984, 265 meeting-related documents were released. D. Public attendees are permitted to tape record Comission discussions of open meetings. E. Transcripts are made of all public Comission meetings. These are unofficial transcripts which are not edited by the Comissioners or by the staff and are placed in the Comission's Public Document Room within 48 hours of the conclusion of the meeting. Transcripts of 154 open and partially open meetings in 1984 are available in the PDR. F. A pamphlet entitled " Guide to NRC Open Meetings" is available in the Comissioners' 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, Comission procedures for voting on agenda items, general rules for public conduct at Comission meetings, and sources of additional information on the Comission and its meetings. G. A handbook of acronyms and initialisms (NUREG-0544, Rev. 2) is on file in the Public Document Room to further help the public in understanding the many technical terms discussed in Comission papers. H. It is the Comission's practice to allow camera and television coverage of open meetings and briefings without prior l notification. The use of cameras, including television coverage, at open licensing proceedings conducted by NRC's licensing and appeal boards is also permitted. 8. PUBLIC NOTICE Each meeting is publicly announced by the methods listed below. A. L'se of an automatic telephone answering service which provides daily information on the schedule of Comission meetings (202) 634-1498. B. Publicly posting in the NRC Public Document Room, 1717 H Street, 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 175 names and addresses) at the time it is sent to the Federal Register. 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 Post, and Nuclear Industry Magazine) at the time it is'sent to the Federal Register. F. Telephoning interested parties when public meetings of high public interest are scheduled with less than one week's notice. Appendix C contains a tabulation of the number of days' notice for NRC meetings. In sumary, 66 percent of the 1984 Commission meetings (143 of 218) were announced with seven or more days' notice while the remaining 34 percent were announced with less than seven days' notice. The following observations are made concerning the 75 "short notice" Comission meetings. The meetings comprised 36 open, 37 closed, and 2 part open/part closed. Twenty-two of the open meetings were affirmation sessions at which the Comission ratified (affirmed), with little or no discussion,.the previously declared views of individual Comissioners. Of the remaining 14 open or partly open meetings held on short notice, 6 meetings dealt with matters of urgency affecting operation of specific nuclear power plants and the remainder required prompt attention by the Comission for a variety of differing reasons. Thirty-seven meetings were closed pursuant to Sunshine Act regulations on less than 7 days' notice and while every effort is made to avoid all short notice meetings, these do not affect public participation. The Comission continues to strive to announce all open and closed meetings with at least seven days' notice whenever possible. The Comission is sensitive to the need for reasonable advance notice of Comission meetings. Its policy is to hold scheduling of additional meetings and rescheduling of meetings to a minimum. However, the Comission continues to be confronted with the requirement to consider urgent matters in a timely manner. The Atemic Energy Act requires that "...(a)ction of the Comission ~ shall be determined by a majority (vote of the members present." (P.L. 93-438, Title II, Sec. 201. a)(1)). The meeting schedule is constantly adjusted to ensure the business of the Comission is not delayed, taking into account Comissioner availability and the urgency and significance of the meeting topic. Whenever a short-notice meeting is added to the Comission's schedule, imediate notification is provided to the public through NRC's automatic. telephone. answering service, public posting of the meeting in the Public Document Room, telephone notification to news 1 -n-

media and, where appropriate, to interested parties to advise the-of the additional meeting. Notice is also promptly submitted to the Federal Register. 9. PUBLIC INTEREST The Comission, in adopting its Sunshine regulations, explained how it would employ the public interest criterion in exercising agency discretion to open meetings when an exemption is available. "Section 9.104(a) of the rules, like the proposals of several other agencies gives presumptive but not conclusive force to the determination that an exemption is available in deciding the public interest question. The fact that a meeting does come within a specific provision of Section 9.104(a) indicated that the Congress recognized a public interest in closing, not opening, meetings of this character. The Comission staff has been instructed to consider the public interest in recomending to the Comission whether or not to close particular meetings. The Comission believes that this internal procedure and the awareness of the Comissioners 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, 1977) In the implementation of its rules, the Comission calls upon the staff to consider the public interest factors in any recomendations to the Comission for closed meeting discussions. The Comissioners 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 public in the subject matter. Implicit in this procedure is the understanding that a vote to close represents the Comission's determination that the public interest does not require an open meeting. ~

10. RELEASING OF TRANSCRIPTS, RECORDINGS AND MINUTES OF CLOSED MEETINGS A.

The policy of the Comission is to make available to the public the record of all meetings except for such items cf discussion as the agency determines to contain information which may be withheld under the provisions of Section 552b(c), the Government in the Sunshine Act. To ensure that the maximum amount of information is released, the Comission requires three independent levels of review for each transcript or electronic recording under consideration for release. Normally, ~an 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 (0GC). Finally, the Comission reviews the record and makes the final determination regarding public disclosure. The review process has resulted in the release of

273 transcripts of closed meetings 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 are recorded by the . Secretary in 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 to apply. Subsequent to the review, the minutes are released to the Public Document Room or, where appropriate, withheld pursuant to Section 552b(c)(10). There were no such closed adjudicatory meetings conducted by the Commission in 1984. B. Index Systems and Tabulation of Requests for Transcripts, Recordings and Minutes (0 pen and Closed) The Nuclear Regulatory Commission indexes and abstracts all documents placed in the PDR including transcripts of meetings and meeting sunnaries. 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 these documents and identifies the data elements used. During 1984, members of the public using the PDR made 1,421 requests for transcripts of Commission meetings; the number of transcripts reproduced for the public was 415. During 1984, NRC received 12 requests for transcripts of 59 closed meetings. Twenty four transcripts were released in full; 8 were released in part; and 27 were withheld in their entirety. The 35 withheld in part or in their entirety were withheld as follows: 1 under exemption 2; 5 under exemptions 5, 6, and 7; 1 under exemptions 5, 6, 7, and 10; 1 under exemptions 5 and 7; 1 under exemption 7; and 26 under exemption 10. These requests are reviewed first by the staff responsible for the subject meeting, second by the General Counsel, then by the Commission. The average time from date received to date responded was 92 days.

11. REQUESTS TO OPEN 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 referred to the Commission for decision. Filing such a petition I o i i

.g. does not automatically act to stay the effectiveness of the Commission decision or to postpone the meeting in question. No requests to open a closed Commission meeting were received in 1984.

12. FORMAL COMPLAINTS On June 7,1984 the Union of Concerned Scientists (UCS) filed an objection to a short notice public Commission meeting on the restart of Three Mile Islard, Unit 1.

The Comaission had previously published a notice announcing it would conduct a closed meeting to discuss an Appeal Board decision. In preparing for that meeting it became clear that additional topics needed to be addressed and that the meeting could be held in public. The meeting was rescheduled on short notice but held in public. Members of the press were informed of the meeting by telephone.

13. EX PARTE C0tfiUNICAT!0NS On March 7,1979 the Commission published in the Federal Register (44 Fed. Reg.12428) proposed revisions to its current ex parte and separation of functions regulations. Final action on tEese revisions is pending.
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: Office of the Secretary U.S. Nuclear Regulatory Commission 1717 H Street, N.W. Washington 0.C. 20555 Telephone inquiries can be made to the Office of the Secretary on (202)634-1410. 1 e y .r n<we e

10 - 1 - - i APPENDICES i A. Definition of Meetings B. Tabulation of Open and Closed Meetings by Month J C. Tabulation 'of Meetings by Days' Notice D. NRC Regulation as Amended Implementing the Sunshine Act (10 CFR Sections 9.100-0-9) E. NRC Ex Parte (10 CFR Section 2.780) and Separation of Functions ~ ReguTations (10 CFR Section 2.719) F. Sample Page of Index l 1 + 4 h I I. 9 6 W f 3 a e f ' --n,x .,,.., ~., _.... _. ,,7.., ,,,-n, n. a

APPENDIX A Definition of Meetings NRC's Statutory Meeting Requirement The Nuclear Regulatory Comission is a five-member independent regu-latory comission established by the Energy Reorganization Act of 1974 (P.L. 93-408). It is responsible for assuring the protection of the public health and safety through tne licensing and regulation of the uses cf nuclear materials. The Comission is required by the Energy Reorganization Act to take action only through meetings. Section 201(a)(1) of the Act, 42 U.S.C. 584(a)(1), states that " action of the Comission shall be taken by a majority vote of members present." In keeping with its significant and substantial public health and safety responsibilities, this Comission has emphasized the participation of each Comissioner in its decision-making activities. Comission meetings are therefore generally scheduled at times when all Comis-sioners can be present so that each may participate in and contribute to the deliberations. Meetings Defined by Sunshine Act 4 With enactment of the Government in the Sunshine Act and in compliance with its provisions, NRC has adopted regulations clearly defining meetings of the Comission which are subject to the announcement and record keeping requirements of the Sunshine Act. In sumary, a meeting is defined as the deliberation of at least a quorum of Comissioners where such deliberation determines or results in the conduct or dis-position of official Comission business. Gatherings of a social or ceremonial nature and certain informational discussions which are conducted without specific reference to any pmticular matter pending before the Comission are considered exempt from the provisions of the Sunshine Act. A complete definition of the term " meeting" is contained in Section 9.101 of NRC's Sunshine Regulations (Appendix D). For purposes of tabulating meetings in this report, each agenda item scheduled for discussion or briefing is counted as a meeting. Each 4 session at which one or more Comission papers were scheduled for affirmation under the limited notation voting procedure described elsewhere is counted as a meeting. Page one includes counts of meeting statistics reported using the above definition, and also using the "Comon Cause method." The latter method counts as one meeting a single meeting, whether that meeting lasts one hour or one day and irrespective of the number of agenda items con-sidered. Both methods are reported here to allow comparisons of statistics by those who use the Common Cause method.

l APPENDIX B TABULATION OF OPEN AND CLOSED MEETINGS BY MONTH 4 s CY 1984 1983 Averages 12.2 6.3 .06 19 OPEN CLOSED OPEN/ CLOSED TOTAL Jan (NRC) 11 9 3 23 L (CC) 8 7 4 19 'Feb(NRC) 17 7 0 24 4 (CC) 12 4 2 18 Mar NRC) 7 3 2 12 CC) 5 2 3 10 j Apr(NRC) 20 9 0 29 l' '(CC) 16 7' 1 24 May (NRC) 19 9 1 29 (CC)- 12 5 5 22 l Jun(NRC) 15 4 0 19 (CC) 12 3 1 16 Jul (NRC) 7 7 0 14 l (CC) 4 4 3 11 Aug (NRC) 5 .2 1 8 i (CC) 4 1 1 6 Sep(NRC) 10 3 0 13 j (CC) 9 I 1 11 i Oct.(NRC) 14 3 1 18 (CC) 13 1 2 16 Nov(NRC) 12 5 0 17 (CC) 9 3 2 14 Dec(NRC) 8 4 0 12 (CC) 8' 4 0 12 j 4 YEAR TO DATE (NRC) 145 65 -8 218 3 (CC) 112 42 25 179 i i j "CC" = Comon Cause method of counting.. 1

4, o APPENDIX C TABULATION OF MEETINGS BY DAYS' NOTICE CY 1984 DAYS' NOTICE OPEN CLOSED CLOSED /0 PEN TOTAL 12 or more 54 17 3 74 11 16 3 1 20 10 7 2 1 10 9 5 2 0 7 8 5 1 0 6 7 22 3 1 26 Subtotal 109 28 6 143 6 5 6 0 11 5 3 6 0 9 4 2 4 1 7 3 0 0 0 0 2 2 0 0 2 1 1 1 0 2 Less than 1 23 20 J 44 Subtotal 36 37 2 75 GRAND TOTAL 145 65 8 218

APPEtlDIX D 99.103 9 9.85(c) PART 9 o PUBLIC RECORDS h (c)"Meetmg"means the dehberettuns of et least a quorum of Commissioners where such debberettons determine or = resuit in the joint conduct or disposition of official Commission businese, that is. y where discussione are sufficiently g focused on discrete proposals or issues se to cause or to be hkety to cause the a m individual participating members to 3 orm reasonably firm positions regardmg f matters pending or hkely to arise before the agency. DehbereUone required or permitted by 8 9.105,9.108. of 9.104(c) do i not constitute " meetings" within this I definition. ~ td) "Cleoed monas a enestas. of the Comminden to ambus e-servatten as prootded er 10.194. so) "Open aseetles" = anna a meettig of the Consetselen open to puttle ab. l servatten purosantla thte entpast If) "Seerstery" aseans tae Secretary Ille the Osasated e. l 2 ts) "Osmeralesunset* menas the Osm. eran Ceiness of me commheten as are. f vided by soeten Betrof the Atesale Elt. q ergy Aes of 1984 and eseson Witt) et the Energy Eteerganisateen Act et 1914, and. imtit smak teme as me esses of that eSeer are mi the same lesselen as those of the

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acesster of his eSee e j i spettally la wrtting by hima purseast to tale estemeten to carry set his respeamWGues tsader thle outpart T*.ea e-;;;,,,ogye - "" _'-"' ca, not,ein,,, ces. a C el duct er dispees et Commission bustaeus 6 9.100 Seepe et Sebpast. 4 In Come=n =8a= meessage emer them an e ,i Thle subpart presorttee preesdures asserdanes wim tMe outpart. Essept as pursuant te which NRC meettage shaR provided la 8 9.164.svery porteses of every l to open to puths steervatten purement to racetans of the Commissies shalt to spas the preetsless of 8 U.S.C. See. Hat. T1his to pugile steersetien. outpart dose act afect the preesduree $ 9.103 Ceessel' purement to which NRC recorde are made g ehan m m d gavailable to the puttle for lampestion and -opes Ceessaksles meetmee are held h a g copytne which remala severned by sub. jege,les such that mere to raamananda er part A. except that the esemptione set space. and adequate ytettetty and eseus.

  • forth in i 9.1Mtal shall sever la the case ties, for publie steesvatim No additiemal of arw request made pureuset te i SA 6 to partistgate in Commiesten meet.

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    • 8 g, 3 opes Inse er minutes dieerthed la i B.100.

formal er leforesel rosesqf et deelstoa of l Access to documents considered at NBC the mattero discussed merein easept as meetarnas shsA continue to be severned otherwtee required by law. Statementa of wwwe or espressoas of optales anade by I by Subpart A of tale Park Comantestenere or N3tc esamleyees at apes I 9.101 DeSaisieme. meetanse are met latended to represent As used a this eenpart: naal determinataene er neuela, fa) "Comuniseles" means the eenesent i I bedt of ave Cemeinentenero er a gueruse {" susti statemente amar met to theeset as provided by sessen set et the gnergy neersammetaan Act of 1974. er : pleaded, alted, or rented uses before

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'a==i-a== or la say preenedias r any outdivtalen of that eeuestal tesy me. therteed to set es see behalf, and shas not e, under rart 3 et these regulatlene}10 ) mean any body not semposed at seembese ** CFR rart si essept as the r - { mar diresk of thatcouestalbeer. Ih) "Commentaan==ar" means as tee

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  • PART 9 o PUBUC RECORDS Members of the public attend-rat.tm mia.ston of personal prtiacy.

vote of the Commissioners shall be r. g Ing open Commission meetings ma) tit) duelese the identity of a conf tden-taken with respect to each Commis-g use small electronte so'md recorders tc Hal source ar.d. In the case of a recora slon meeting a portion or portions of - tewrd the meeting. but the use of compiled by a criminal law enforce-which are proposed to be closed to the f nher electronic recording equipment ment authority in the course of a public pursuant to I 9104. or which re-gand cameras requires the adsance crimmal investigation, or by an agency spect to any information which is pro-written aooroval of the Secretary, conducting a lawful national security 2 M withheld under j 9105(c). intelligence investigation, confidential information furnished only by the t 9.104 Clwd meetinre. confidential source. (v) disclose Inses-spect to a series of meetings, a portion (a) Exce t where the Commission 'ttgative techniques and procedures, or or portions of which are proposed to finds that he public interest requires tvi) endanger the life or physical be closed to the public, or with respect to mformation concerning such ictherwise. Commissicn meetmgs shall safety of law enforcement personnel; ce closed, and the trquirements of (8) (Reserved) 8' "i ' wrings. so long as each (9) Disclose information the prema. t ru t u.g m such series involves the I 19'105 and 9'107 shall not apply to ture disclosure of which would be same particular matters and is sched-hke!y to significantly frustrate imple. uled to be held no more than thirty m ettn ohr se r qu red by this days after the initial meeting in such subpart to be disclosed to the pub!fc. mentation of a proposed Commission series. The vote of each Commissioner where the Commission determines in action. except that this subparagraph partictpating m such vote shall be re-accorduce with the procedures cf shall not apply in any instance where corded and no proxies shall be al-t 9.105 that opening such meetings or the Commission has already disclosed I# d porttons thereof or dtsclosing such in' to the public the content or nature of ) hithin one day of any vote taken formation,is hkely to, Its proposed action. or where the Com-pursuant to paragraph (a) of this sec. (1) Disclose matters that are (i) spe-mission is required to make such dis-tion.19.106(a) or 19.108(c) the Secre-etfically authorized under criteria es* closure on its own irtitative prior to tary shall make publicly available in tablished by an Executive order to be taking final action on such proposal; the Pub!!c Document Room a written kept secret in the interests of national or copy of such vote reflecting the vote defense or foreign policy. and (ID in (101 Specifically concern the Com-of each member on the question. If a i fact properly classified pursuant to mission's issuance of a subpoena. or portion of a rr.eeting is to be closed to ~ such Exacutive order; the Commission's participation in a the public, the Secretary shall. within (2) Relate solely to the internal per-civil action or proceeding or an action sonnel rules and practices of the Com-or proceeding before a state or federal one day of the vote taken pursuant to-mission; administrative agency, an action in a paragraph (a) of this section or foreign court or international tribunal. i 9.106(a). make publicly available in (3) Disclose matters specifically or an arbitration, or the initiation.g the Public Document Room a full exempted from disclosure by statute conduct or disposition by the Commis.g, written explanation of its action clos-other than 5 U.S.C. 552) provided g(that such statute (t) requires that the Rslon of a particular case of formals ing the portion together with a list of g adjudication pursuant to 5 all persons expected to attend the - matters be withheld from the public in 2 agency U.S.C. 554 or otherwise involving a de.N meeting and their aff!!!ation. a such a manner as to leave no discre "! termination on the record after an op. (ca The notices and lists required by

  • tion on the issue. or (ill establishes N articular criteria for sithholding or gportunity for a hearing pursuant to paragraph (b) of this section to be p

refers to particular types of matters to Part 2 or similar provisions. made public may be withheld from the be withheld; (b) Examples of situations in which public to the extent that the Commts- <(4) Disclose trade secrets and com-Commission action may be deemed to ston determines that such information meretal or financial information ob-be significantly frustrated are: (1) If itself would be protected against dis-tained from a person and privileged or opening any Commission meeting or closure by I 9.104(a). Any such deter-confidential. includmg such informa-negotiations would be likely to disclose mination shall be made independently tion as defined in i 2.790(d) of this information provided or requests made of the Commission's determination title; to the Commission in confidence by pursuant to paragraph (a) of this sec-(5) Involve accusing any person of a persons outside the Commission and tion to close a meeting. but in accord. crime, imposing a c:vil penalty on any which wmld not have been provided ance with the procedure of that sub-person pursuant to 42 U.S.C. 2282 or or made otherwise: (2) if opening a section. Any such determination in. 42 U.S.C. 5846. or any revocation of meeting or disclosing any information cluding a written explanation for the any license pursuant to 42 U.S.C. Sec. would reseal legal or other policy action and the specific provlsion or 2236. or formally censuring any advice, public knowledge of which provistoris of I 9.104(a) relied upon. person: could substantially affect the outcome must be made publicly available to the (6) Disclose information of a person-or conduct of pending or reasonably extent permitted by the circum-al nature where such disclosure would anticipated litigation or negotiations; stances. constitute a clearly unwarranted inva. or (3) if opening any meeting or dis- ,,,gn, p,,,,,,,gg,,,,4,,4,,gion, r,, sion of personal privacy closms any information would reveal g*"* (7) Disclose investigatory reports information requested by or testimony compiled for law enforcement put* or proposals to be given to other agen. (a) Whenever any person whose in-poses, including specifically enforce

  • cies of government including the Con.

terests may be directly affected by a ment of the Atomic Energy Act of gress and the Executive Branch before portion of a meeting requests that the 11954, as amended. 42 U.S.C. 2011 et the requesting agency would receive Commission close such portion to the seq., and the Energy Reorganization the information. testimony or propos. public for any of the reasons referred Act of 1974, as amended. 42 U.S.C. als. The examples in the above sen. to in paragraphs (a) (5). (6). or (7) of 5601 et seq., or information which if tence are for illustrative purposes only ( 9.104, the Commission, upon request written would be contamed in such re* and are not intended to be exhaustive. of any one Commissioner, shall vote cords, but only to the extent that the by recorded vote whether to close such production of such records or informa-g 9.10$ Commiulon procedure

  • meeting.

tion would: til Interfere with enforce-(a) Action under 19.104 shall be ment proceedtngs. tit) deortve a person a rity of the of a right to a fair trial or an impartial entire membership of the Commission adjadication. (i!!) constitute an unwar. votes to take such action. A separate September 1,1M2 g.12 l - - -.. - ~, -

PART 9 O PUBLIC REC!RDS l (b) Any person may petition the change in one of the preceding, and pr vide a full and accurate summary of any actions taken, and the reasons Commission to reconsider its action the name and phone number of the of. therefor includmg a description of under i 9.105(a) or paragraph (a) of ficial designated by the Commission to this section by filing a petition for re. respond to requesta for information each of the news expressed on any consideration with the Commission about the meeting, shall also be sub-item and the record of any ro!! call Vote (reflecting the vote of each Com. within seven days after the date of mitted for publication in the FrDERAL missioner on the question). All docu-such action and before the meeting in RroIsm. ments considered in connection with (d) The public announcement re. question is held. etton shall be identified in such quired by paragraph (a) of this section (c) A petition for reconsideration m t - rho'! c nsist of the Secretary: filed pursuant to paragraph (b) of this g The Comm:ssion shall make (1) Puolicly posting a copy of the section shall state specifically the document in the Pub!!c Document promptly available to the public, in grounds on which the Commission Room at 1717 H Street. N.W., Wash. the Public Document Room, the tran-action is claimed to be erroneous, and ington, D.C.; ar'd to the extent appro. script, e ectronne recording, or minutes shall set forth, if appropriate, the priate under the circumstances'. (as required by paragraph (a) of this public interest in the closing or open. (2) Mailing a copy to all persons section) of the discussion of any item ing of the meeting. The filing of such whose names are on a mailing list on the agenda. or of any item of the a petition shall not act to stay the ef. Emaintained for this purpose; testimony of any witness received at fectiveness cf the Commission action j (3) Submitting a copy for possible the meeting except for such item or or to postpone or delay the meeting in Spub!! cation to at least two newspapers items of such discussion or testimony question unless the Commission orders 70f general circulation in the Washing. as the Commission determines pursu. otherwise. ton. D.C. metrcpolitan area; ant to paragraph (c) of this section to (4) Any other means which the Sec. contain information which may be 5 5.107 Public announcement of Commis-retary believes will serve to further withheld under 19.104 or 6 9.105(c). " " ""'I"I inform any persons who might be in. Copies of such transcript. or minutes. (a) In the case of each meeting. the

terested, er a transcription of such recording Secretary shall make public announce.

(e) Action under the second sent:nce disclosing the identity of each speaker. ment, at least one week before the of paracraph (a) or (b) of this section W!shall be furnished to any person upon meeting. of the time, place. and sub. shall be taken only when the Commis.Rpayrnent of the actual cost of duplica.

    • tion or transcription as provided in sion finds that the public interest infl 9.14. The Secretary shall maintain g ject matter of the meeting. whether it prompt Commission action or the need is to be open or closed to the pub!!c.

and the name and phone number of to protect the common defense or se.gromrilete serbatim copy of the tran. the official designated by the Commis.

urity or to protect the public health Wt. A colanlete copy of the minutes, u 4 cwtakte electronic recording of sion to respond to requests for infor.

. or safety overrides the public interest each meeting. or portion of a meeting. mation about the meeting. Such an. in having full prior notice of Commis. closed to the public. for a period of at nouncement shall be made unless a sfon meetings, least tw yea s after such meeting or majority of the members of the Com. = until one year after the conclusion of mission determines by a recorded vote any Commission proceeding with re. that Commission business requires 9.10s Certification. traneeripts, rnord. spect to which the meeting or portion that such meeting be called at an ear. ah J as ey cms latn. lier date. In which case the Secretary ta) For every meeting closed pursu. 8).(c)In the case of any meeting closed shall make public announcement of the time, pjace and subject matter of ant to paragraphs (a) (1) through (10) pursuant to i 9.104. the Secretary of the such meeting, and whether open or of 5 9.104 and for every determination Commission.upon the advice of the closed to the public, at the earliest pursuant to 5 9.105(c). the General General Counsel and efter consultation practical time. Counsel shall publicly certify at the with the Commission, shall determine time of the public announcement of which. if any, portions of the electronic (b) The time or place of a meeting the meeting, or if there is no public J recording. transcript or mmutes and announcement at the earliest practical 3 which. if any. items of information may be changed following the public fmeeting may be closed to the publicw information wh a7nouncement required by paragraph Lime, that, in his or her optnlon. the y withheld pursuant to l 910$(c) contain (a) of this section only if the Secretary publicly announces such changes at sand sha!! state each relevant exemp.S pursuant to i 9.104,in the event that a the earliest practicable time. The sub.* Live provision unless the Commission request for the recording. transcript. or ject matter of as inecting.or the deter.# votes pursuant to 6 9.10$(c) that such minutes is received within the pened m! nation of the Commission to open certification is protected against dis. donna which the recorditis. transcript. E or close a meeting. or portion of a closure by 19.104(a). A copy of such or minutes must be retained. under I meeting. 'o the public, may be certification together with a state. subsection (b) of this section. $ changed following the 34blic an. ment from the presiding officer of the

u. nouncement required by this subsec.

meeting setting forth the time and. %d) If at some later time the Com. 3 tion only if: (1) A majority of the place of the meeting, and the persons mau;on deter. nines that there in no entire membership of the Commission present, shall be retained by the Com. further justification for withholding determines by a recorded vote that mission. The Commission shall main. any transertpt, recording nr other item Coramission business so requires and tain a complete transcript or electron. of ir. fort.istton frcm the pubite which that nc eattler announcement of the ic recording adequate to record fully has credously been withheld, then change was possible, and (2) the Secre, the proceedings of each meeting, or;such information shall be made avalla. tary publicly announces such change portion of a meeting closed to the:ble. and the vote of each member upon public except that in the case of th,, such change at the eartlest practicable meeting, or portion of a meeting. time. Closed to the public pursuant to para.* The Secretary shall annually report (c) 'm:nediately following each graph (c)(10) of I 9.104, the Commis. to the Congress regarding the Com. public announcement required by this 'sion shall maintain such a transcript, mission's compliance utth the Govern. section, notice of the time, place, and or recording or a set of minutes. Such ment in the Sunshine Act, including a subject matter of a meeting. whether minutes shall fully and clearly de. tabulation of the total number of open the meeting is open or closed, any scribe all matters discussed and shall meetings, the total number of closed 9 13 May 31,1985

2., PART 9 o PUBLIC RECORDS l meetings, the reasons for closing such , meetings and a description of any liti-

sation brought against the Commis-
ston pursuant to the Government in a the Sunshine Act, including ahy. cost

' assessed against the Co==imanom in 0 such littsstion (whether or not paid by 2 L the Coramissionk t J we 1 i m G r I j l 4 e e- ~ -,,- ,,n.- y- -, -

APPENDIX E PART 2 e RULES OF PRACTICE FOR DOMESTIC LICENSING PROCEEDINGS quasi. judicial functions will request or Gl General health and s a fe tv entenam on the record cacept from pro *Iems and responsimilities of e.n's each other. nor C) any party to a pro. Cummiss ion; or ceeding for the issuance, dental. 01 The status of proceecings. a m e nd m e n t. tra n s fe r, re n e w al. (e ) In any adjudication for trie modific.ation, suspension. or revoca. determination of an application for in3 % tion of a license or permit, or any itial licensing. other than a contested

l officer employee, representative or proceeding. Commissionen, me mbers'
any other person directly or indirectly of their amenediate stath and otherNRC I acting in behalf thereof. shall submrt ofUcials and employees who advise the l

off the record to Commissioners or { Commissionen in the esercise of their such staff members. officials, and c quasi. judicial functions may consult l e mploye es, a ny.swide nc e, e xpla, nation, c the staff, and the staff may communi. i anal,Wis, or advice, whether wrttten or

r, case with Commissioners, members of

} oral. regarding any substantrve matter tnait immediate stafs and other NRC e at issue in a proceeding on the record ofGciais and employees who advise the 's then pending before the NRC forthe is. Commissioners in tne esercise of their 8 svance. denial. amendment, transfer. qu asi. judicial functions. rene al. modification, suspension, of (f) The provisions and timitations of revocation of a license or permit. For this section a p plic a ble to Commis. I the purposes of this section.the term sinners. members of their immediate

  • proceeding on the record then pend.

staffs, and other NRC officials and t ing before the NRC'shallinclude any employees who advise the Commis. '- application or matter which has been sioners in the emersise of their quasi. noticed for hearing or concerning judicial functions are applicable to. which a hearing has been requested members of the homic Safety and pursant to this part. Ucensing Appeal Soard, members of the.ir immediate stans, and other NRC ~ (b) Cop.ies of written communics. n,3icials and employees who advise tions covered by paragraph la) of this enembers of the Appeal Board in the secuun shall be placed in the NRC esercise of their quasi. judicial func. pubic document room and served by the Secretary on the communicator and the parues to the proceeding in. 13)In the case of an application of for

volved, a license under Part 60 of this chapter (c) A Commissioner.me mber of his (relating to disposal of high. level immediate staff. or other NRC official radioactive wastes in geologic or employee advising the Commis*

. repositories), this Part requires a sinner in the, esertise of their quasi.

proceedmg on the record pner to the judicial functions to whom is at.
issuance of a construction authorizattort.

tempied any orst comenunication con

  • c Unless the Commission or fers
ceming any substantive matteratissue I otherwise. the issuance of a construction in a proceeding on, the record as
  • suthonzation (or a final decision to deny
desenhed in peregrapil (a)of this sec*

a construction authorization) shall be =,

  • tion.will decline to listen to such com) deemed. for purposes of this sectice.to

, munication and will esplain that the termt. sate all proceedings on the record a maner is pend,ing for determination. If then pending before the NRC with unsuccessfulin preventing such com* respect to such application. munication, the recipient thereof will advise the cummunicator that a written summary of the conversation will be Jelivered to the NRC public document rinim and a copy served by the Secre. tary of the Commission na the enm. municator and the parties to the pro. caeding involved. The recipient of the. oral comenunication thereupon will l make a fair. written summary of such ; communication and deliver such sum. e mary to the NRC public document room and serve copies thereof upon the communicator and the panies to the proceeding involved. ~ Ex P utTE Cow.riocarrNs (d) This section does not apply to I :.7sn Es parte communtentlean, c o m mu nic a tio n s a utho rise d by 7 (T) Ts c*e pT al 1rty v id e d in p Paragraph (elof this section.to the dis. 0 position of es pane matters authorized E" paragraph (e) of this section, netther a by law. or to communications re. 11 C:mmissioners. members of their d (immediate staffs.or other NRCofncials quested by the Commission cocnern. l ialt

( a
4 employees =ho advisa the Com.

misstners in the esercise of their I (1) lis proprietary functions;

-g e ) ) f\\ I wellib _11&I11.JmCLE AA.. REGuL 41QIlt (DM413) lum,,, ~~ Pup huklHLv ACCLSSION LISI ,) gg { PACT /299 'l ., - ~ - -.,.. _ _ _ ~. - ~ _. et/08/05

  • Se/08/38 F ILL (LwtL3. DOCRET, kewulated hus t a de f actittlese 4*roducts, and 3ervices F it t LO(Allub O

DOCKLT SIh*59 5ee MANSLE HALL MUCttok 5fallCh, Uhli I ) A. Applicattensconstructioen stees uptueents & correspondence ( p 4 0825006% Perttel response to Fola request for all 1982 $101 p ape r s. Fala _af!5sm3 363 43/10/88 ) Ferperos app a occueente.Resetnino documents under review. 4401250915 ~ FELib4,J.M. utvisten of Rules and hecoros. 83/10/88 n(IS3,L.W. ( unten of Concerned Scientists. Sra.. 48 ate 1960 005 2196e 907 I . 820916 eats In f oros Comet asten of tmt inttlettves to improve da in F014 mils $83 363 83/10/8e nuclear project destwa & const.4erra.el requesteo to revise 84012500154

    • P esentation_of._

) l -{- MRL st4tutory authority to rer**t representatt e sys enelegous to Ias sys. ulNCs5en.J. Uffice of the Executtee Director for Operettens. 24 a 3 50 000,8 3/ 3 0/18, p 8 0 8 250 015 stCv-s2 35e. s2/es/20. st Pl==. Sipp. eens.1966 035 2196 wie ) ( ( 8401050362 Generic Ltr 84 01 to all holders of ULs, applicants for uts DCCatT 50 3 Inaten Point Stetton, Unit 1, I & holders of cps for po.or reactors te Nht use of teres. Censolidated [otson Co. of New York

  • teportant to safety
  • 4 *sefey.related.* Soc list encl.

Lategory:P 84/03/05 LI5Ehnut,0.C. Dtwisten of Ltcenstan. 44/08/05. Conseltaated I ( 24m:50 000,es/08/05,seul0503s2 Lotson Co. of he= tork, Inc. lost. esas28ve6 190 2194e 263 I ( 8808090248 Cenerte Ltr Se.02 to all ars.l tcents f or OLs a f ull power DOLati 58 3 Indien Point Station, Unit 1, outhortsettons re notice of meetta.a on facility staffing. Consolidated toison Co. of New York Category:P se/04/06 I { Swt list encl. LisEhnuT,0.C. Olvision of Ltcenstms. 8e/o8/06. Conselsdated 2esg50 004,84/01/0m.4 0I090221 Edtsen Co. of how York, Inc. IPec. 48a348457 267 21951 288 ( Seollletas Generic Ltr 8=.e3 to all 6tcensees of operating reestors. 00Catt 50 3 gndian Point Stettone bnft 8, - -- - -- Coase l l ea t ed Ec t son. Co.. o f Law _Tork = > _

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