ML20137Q047

Forwards Commission Statement Re Open Meeting During Reviews of Domestic License or Permit Applications Per Kelly Suggestion in 850913 Telcon.Related Correspondence

ML20137Q047
Person / Time
Site:	Braidwood
Issue date:	09/13/1985
From:	Treby S NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
To:	COMMONWEALTH EDISON CO., Atomic Safety and Licensing Board Panel, NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
References
CON-#385-539 OL, NUDOCS 8509190848
Download: ML20137Q047 (2)

Text

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'85 SEP 19 pgja September 13, 1985 C b,hakSj%5ff,'

AANCH Note to: Administrative Judges, Parties and Participants in the Shearon Harris (50-456-457) Proceeding 9 [,.

Pursuant to the suggestion of Judge Kelley in today's conference call I am providing a copy of the Comission Statement relating to Open Meetings. -

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hf Stuart A. Treby Assistant Chief Heari g Counsel

Enclosure:

As stated 8509190848 850913 PDR ADOCK 05000456 G PDR r

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e POLICY STATEMENTS egg on the merits of the applications Puba shed 6/28/78 during the meeting. ,

When a party or petitioner for leave to intervene requests. reasonable ef. (

DouttnC UCEN$t APPUCADONS l forts will be made by the NHC staff to Opea me e6aes end Se.e. no of NaC Seeft inform the party or petitioner of Pescy fort!4 coming meetings conducted by De Nuclear Regulatory Commis- " * ' '

elon's (NRC's) regulations in 10 CFR e rrangements lo at ndanc 2.102 permit applicants to confer in- cap be made, it is recognized that in formally wittr the NRC technical staff some cases the need for a prompt during reviews of domestic license or meeting may make it impossible or im-permit applications. These meetings practicable to notify all parties and pe-titioners. ne policy described above have served as an essential means for also cannot practicably be applied to the exchange of technical information and vkws necessary for W technical chance encounters between NRC tech-review of applications. Por several nical staff personnel and other parties years other parties or potential parties or petitioners but such chance caecoun.

to dornestic licensing proceedings, as Ws will not be permitted to serve as a well as members of the general public, source of information for the conduct have. upon request been permitted to of licensing revless attend applicant-NRC technical staff meetings as observers. However, the Commisalon's regulations do not re-quire that others be permitted to attend such informal meetings be-tween applicant and staff, and the general practice being followed in this regard has never been formally articu-lated. This statement is intended to provide such articulation. It is also noted that this matter is related to the  !

provision for increased public partici- j pation which was approved by the Commission during its consideration of NUREO 0292 (Denton Report).

As a general matter, the Commission and staff try to involve concerned citi-sens in any Commission activity in which they have expressed an interest.

All meetings conducted by the NRC (

technical staff as part of its review of a particular domestic license or permit application tincluding an application for an amendment to a license or permit) will be open to attendance by ^

all parties or petitioners for leave to intervene in the case. These meetings are intended by the NRC technical staff to facilitate an exchange of infor-mation between the applicant and the staff. It is expected that the NRC technical staff and the applicant will actively participate in the meeting.

Others may attend as observers. Like-wise, when meetings are scheduled be-tween the staff and other parties or petitioners applicants would be per-mitted to attend only as observers. ,

The general policy of open meetings described above will admit of only a few exceptions, which must be ap.

proved by the Director of the relevant division. For example, some persons may not be permitted to attend meet-ings where classified or proprietary in-formation tincluding sensitive safe-guards information) is to be discussed.  !

The NRC staff will prepare a written '

summary of the unclassified and non-proprietary portions of such meetings and forward the summary to interest-ed persons imable to attend so that they will be informed of what tran-spired at the meeting. However, at-tendance will not be limited solely be-cause preliminary opinions. recom-mendations, or advice will be offered September 1,1982 PS-8