ML20151P391

Annual Rept for 1987 on Administration of Govt in Sunshine Act of 1976

ML20151P391
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Issue date:	08/01/1988
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l ANNUAL REPORT FOR 1987 ON i

ADllINISTRATION OF GOVERNMENT ,

I IN THE SUNSHINE ACT OF 1976 4

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UNITED STATES NUCLEAR REGULATORY CGiG!ISSION 8908100013 880801 PDR COMMS NRCC CORRESPONDENCE PDC

4 ANNUAL REPORT GOVERNMENT IN THE SUNSHINE ACT

1. AGENCY NAME: U.S. Nuclear Regulatory Commission -

2. CALENDAR YEAR: 1987

3. MEETINGS: (See definitions in Appendix A)

A. Total Number of Open ........................ 94 (76%)

B. To ta l N umb e r o f C lo s e d . . . . . . . . . . . . . . . . . . . . . . 2 9 (24%)

C. Total Number of Partially Open/ Closed ........ 0 (0%)

Total Number of Meetings ................ 123 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 ........................... 75 E. Total Sessions Closed ......................... 20 F. Total Sessions Partially Open/ Closed .......... 6 Total Number of Sessions ................. 101 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 ................................... 6 1

Exemptions 2 & 6 .............................. 10

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l Exemptions 5 & 7 .............................. 9 Exemptions 5 & 10 ............................. 1 Exemptions 1, 2, 6& 7 ........................ 1 Exemptions 2, 5, 6& 7 ........................ 2 1

Total ..................................... 29 '

The percent of closed / partially closed meetings decreased to l 24 percent in 1987 from 31 percent in 1986.

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B. NRC's practice regarding the closing of meetings pertaining to the budget, Congressional testimony, and briefings of agency members by staff is as follows: j (1) Budget Meetings. The U.S. Court of Appeals for the District of Columbia concluded in Common cause

v. NRC, 674 F.2d 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 1 convened any meetings to discuss the budget. l i

(2) Meetings at which Congressional testimony is l discussed. In 1987 there were no Commission l meetings held to discuss Congressional testimony. l (3) Briefings of agency members by NRC staff. Under

the Commission's original Sunshine Act rules, adopted in 1977, all briefings by NRC staff of a quorum of the Commission were considered to be for the purpose of conducting official Commission business and were therefore treated as meetings under provisions of the Act. Under the revised ,

rule, adopted in 1985 but to date not implemented, J some informational briefings would not constitute "meetings" for Sunshine Act purposes. To date, however, all briefings attended by a quorum of )

Commissioners have been treated as "meetings." Of the total of 123 meetings held by the Commission in 1987, there were 68 staff briefings; 55 of l these briefings were held in public session and 13 1 were in closed session. Meeting records of closed briefings are reviewed for retention / release ac

described in Section 10 below.  ;

5. DESCRIPTION OF LITIGATION l 1 l l There were no GISA cases involving NRC filed or otherwise in litigation during 1987.

6. NOTATION VOTING i

J The Commission decision-making process is varied. First, the Commission votes on certain issues at Commission meetings without casting a formal, prior expression of views in writing to the Secretary. Second, the Commission makes use of a notation voting process to decide issues which do not require interactive discussion among all Commissioners in the presence of each other.

In this type of decision making, individual Commissioners provide views in writing to the Secretary (approval and/or comments) on '

l actione proposed by the staff or by individual Commissioners.

Typical examples include responses to Congress on GAO reports, .

agreements with the Executive Branch agencies, export licenses,  !

outgoing Commission correspondence, proposed rulemaking actions, l

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appointments and reappointments to advisory committees, and review 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 Commissioners' views on agency business which by law requires a formal vote in an open meeting but is not of such a complex nature as to require iterative conversation between Commissioners in the presence of each other. i After all participating Commissioners have expressed their views in writing, public Commission meetings are scheduled for the i purpose of a formal vote (ratification of Commissioners' views on the issue), with or without discussion as desired. Examples of i matters which are decided in this manner include. final l rulemakings, responses to certain petitions, and adjudicatory i decisions.

7. PUBLIC OBSERVATION The commission continued its policy of providing meaningful public observation and understanding of open meetings through the following measures:

A. The Commission's main conference room,* with a seating capacity of 130, and an adjoining conference room, 1 I

which seats 50 people, are provided with multiple a

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 l entrance to the conference room prior to the commence- I ment of the meeting. 1 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 Document Room (PDR) at the conclusion of the meeting, along with viewgraphs and other material handed out at the meeting. Additionally, copics of other papers referenced at the meeting are normally released to the public. During 1987, 138 1

meeting-related documents were released.

D. Public attendees are permitted to tape record Commission discussions of open meetings.

E. Transcripts are made of all public Commission meetings.

These are unofficial transcripts which are not edited oy the Commissioners or by the staff and are generally placed in the Commission's Public Document Room within j 72 hours8.333333e-4 days <br />0.02 hours <br />1.190476e-4 weeks <br />2.7396e-5 months <br /> of the conclusion of the meeting. Transcripts

of 94 open meetings in 1987 are available in the PDR.

• In 1987, all Commission meetings were held at 1717 H Street, j N. W., in Washington, D. C.

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. F. A pamphlet entitled "Guide to NRC Open Meetings" is I available in the Commissioners' Conference Room and in I the Public Document Room. The guide describes for public attendees the normal seating arrangement for i participants at the conference table, the general I

functional responsibilities of these participants, Commission procedures for voting on agenda items, general rules for public conduct at Commission meetings, and sources of additional information on the Commission and its meetingc.

G. A handbook of acronyms and initialisms (NU REG-05 4 4, Rev. 2) is on file in the Public Document Room to further help the public in understanding the many technical terms discussed in Commission papers.

H. It is the Commission's practice to allow camera and television coverage of open meetings and briefings without prior notification. The use of cameras, including television coverage, at open licensing proceedings conducted by NRC's licensing and appeal boards is also permitted. In both Commission meetings and adjudicatory hearings, however, camera equipment must be operated in a manner that is not disruptive to the proceedings.

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

A. Use of an automatic telephone answering machine which provides a daily recorded message of information on the schedule of Commission meetings for the following four weeks, (301) 492-0292.

B. Publishing in the Federal Register the time, date and location of the next tour weeks of meetings, the topic (s) to be discussed, whether it is open or closed, and the name and telephone number of a contact.

C. Posting in the NRC Public Document Room, 1717 H Street, N.W., Washington, D.C. 20555, a copy of the Federal Register Notice at the time it is sent to the Federal Register.

D. Mailing a copy of the Federal Register Notice 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.

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 sel to the Federal Register.

F. Posting a copy of the Federal Register notice at the guard's desk at the entrance to the Commission meeting area.

e G. Telephoning interested parties when public meetings of particular interest are scheduled with less than 7 days' notice.

The Commission is sensitive to the need for reasonable advance notice of Commission meetings. Its policy is to hold scheduling of additional meetings and rescheduling of meetings to a minimum.

However, the Commission continues to be confronted with the requirement to consider urgent matters in a timely manner. The meeting schedule is constantly adjusted to ensure the business of the Commission is not delayed, taking into account Commissioner availability and the urgency and significance of the meeting topic. Appendix C contains a tabulation of the number of days' notice for NRC meetings. In summary, 85 percent of the 1987 Commission meetings (104 of 123) were announced with 7 or more days' notice while the remaining 15 percent were announced with less than 7 days' notice. The following observations are made concerning the 19 "short notice" Commission meetings held during 1987.

There were 12 open and 7 closed meetings.

The 12 open meetings were affirmation sessions at which the Commission ratified (affirmed), with little or no ,

discussion, the previously declared views of individual Commissioners. (For example , final Commission orders and rules for publication in the Federal Register.)

5even closed meetings were held with less than 7 days'  ;

notice; although every effort is made to avoid all i short notice meetings, holding these closed meetings on short notice did not affect public participation. The Commission continues to strive to announce all open and closed meetings with at least 7 days' notice whenever possible.

Whenever a short-notice meeting is added to the Commission's l schedule, public notice is immediately issued through NRC's t automatic telephone answering machine, posting of a revised meeting notice in the Public Document Room and at the guard's desk at the entrance to the Commission meeting area, notification

, of the office of Public Affairs and Office of Congressional Affairs, and, where appropriate, telephone notification to news media and to interested parties, to advise them of the additional J

meeting. Notice is also promptly submitted to the Federal

Register.

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9. PUBLIC INTEREST The Commission, 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 l "Section 9.104(a) of the rules, like the proposals of  ;

several other agencies, gives presumptive but not conclusive '

force to the determination that un 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) indicates that the Congress recognized a public interest in closing, not opening, meetings of this l 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 consids eration 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. 12875 (March, 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 so 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 Commission's determination that the public interest does not require an open meeting.

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10. RELEASING OF TRANSCRIPTS, RECORDINGS AND MINUTES OF CLOSED l MEETINGS l A. The policy of the Commission is to make available to the 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) , the Government in the Sunshine Act.

To ensure that the determinations made are correct, the Commission requires three independent levels of review for each transcript or electronic recording under consideration for release. 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 (OGC). Finally, the Commission reviews the record and

makes the final determination regarding public disclosure.

The review process has resulted in the release of 280 t oncripts of closed meetings to the Commi aion's P: Document Room since the enactment of the Sunshine tission's rules, in accoraance with the Sunshine

.mit records of closed adjudicatory. meetings to

.'in minutes, and procedures exist for the review

( .ch minutes. However, all closed adjudicatory meetings held in 1987 were recorded electronically and all but one were transcribed verbatim.

B. Index Systemu and Tabulation of Requests for Transcripts, Recordings and Minutes (Open and C_losed)

The Nuclear Regulatory Commission indexes and abstrdcts all documents, including transcripts of meetings and meeting summaries, that are placed in the PDR. A Daily Accession List of this material, with monthly

, cumulations, is made available in the Commission's Puclic Document Reading Room and mailed on a subscription basis to interested persons.

Appendix F contains a sample entry from the PDR Monthly Accession List, and Appendix F1 identifies and describes the factors that are indexed. Transcripts of all public Commission meetings are placed in the Public Document Room within 72 hours8.333333e-4 days <br />0.02 hours <br />1.190476e-4 weeks <br />2.7396e-5 months <br /> following the meeting.

During 1987, members of the public examined 690 transcripts of public Commission meetings.

During 1987, NRC completed action on five FOIA requetts involving the transcripts of 50 closed meetings. Each transcript was reviewed by the proponent office, the General Counsel's office and the Commissioners to  !

determine whether any portion was releasable. Two of the transcripts were released in their entirety and the i remaining were withheld. The average time to complete l action on these requests was 271 days. This figure is I large because four of the five requests involved unusual circumstances. Two requests concerned meetings l of the Commission relating to alleged improprieties of i senior agency officials. An early determination was made that the response to these two requests should be i held in abeyance pending agency resolution of this '

matter. In the interim, the requestor and requestor's i attorney were apprised that the transcripts were being i withheld pending final determination. Final agency action was subsequently completed 15 months after the initial request was received. Two other requests were from an individual who sought a broad range of documents relating to a specific nuclear power plant.

Because this request encompassed a very large number of records, the NRC, by agreement with the requestor,

responded to the requests on an incremental basis according to the requestor's priority. Under this approach, the transcripts were addressed quite late in the lengthy identification and release process (22 months for one request and eight months for the other).

Action on the remaining request was completed in 60 days.

11. REQUESTS TO OPEN MEETINGS 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 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 Conmission meeting were received in ,

1987. '

12. FORb'AL COMPLAINTS There were no formal complaints filed in 1987 relating to closed  ;

Commissior meetings. l

13. EX PARTE COMMUNICATIONS l

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On March 26, 1986, the Commission published in the Federal Register (51 FR 10393) a proposed rule that would revise the l Commission's current rules on ex parte communications and I separation of functions. The proposed rule would conform the Commission's rules regarding ex parte communications between adjudicators and persons outside the agency to the requirements of 5 U.S.C. 557(d). The proposed rule also would revise the present separation of functions rule to preclude private Commission communications with the NRC l staff members about a matter at issue in a formal j adjudicatory proceeding only if the staff member is an  !

investigator or litigator in the proceeding. Under the l current rule, the Commission is precluded from such private l communications with any member of the NRC staff whether or i not they are involved in a proceeding. (The Commission subsequently approved a final rule adopting these proposals on March 23, 1988.)

14. NRC RULE CHANGE In May, 1985, the Commission published a new interim rule implementing the Sunshine Act with a request for cc.. current public comments to be considered before determining whether the interim rule should be made final. Prior to the rule

4 change, the Commission's regulations were somewhat more restrictive than the Sunshine Act required, and the Commission had interpreted them still more restrictively. The fact that the NRC's restrictive approach to the Act was out of step with Congressional intent became apparent in 1984 with the unanimous decision of the Supreme Court in Federal Communications Commission v. ITT World Communications, 466 U.S. 463. The decision, which relied heavily on the Interpretive Guide to the Sunshine Act (R. Berg and S. Klitzman, 1978), held that a "meeting" for Sunshine Act purposes means a discussion "sufficiently focused on discrete proposals or issues as to cause or to be likely to cause the individual participating members to form reasonably firm positions regarding matters pending or likely to arise before the agency."

The NRC to date has not implemented the rule; that is, all discussions of agency business by a quorum of Commissioners have taken place in Sunshine Act "meetings." The Ccmmission, after receiving comments on the rule and a briefing from its Office of General Counsel on January 17, 1986, decided to defer action pending completion of the study of the issue by the American Bar Association. In February 1987, the ABA House of Delegates approveo a recommendation establishing guidelines for determining which types of agency discussions fall outside the statutory definition of a "meeting.' The ABA's action confirms the legal soundness of the NRC's reading of the Sunshine Act's requirements. The Commission, which has already received public comment on the rule change, is reviewing the ABA action before making a decision on a final Sunshine Act rule.

15. 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 Washington, D.C. 20555 Telephone inquiries can be made to the Office of the Secretary (301) 492-1656.

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4 APPENDICES A. Definition of Meetings B. Tabulation of Open and Closed Meetings by Month 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 Regulations (10 CFR Section 2.719)

F. Sample Entry from Index F1. Description of Index Factors l

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APPENDIX A Definition of Meetings NRC's Statutory Meeting Requirement The Nuclear Regulatory Commission is a five-member independent regulatory commission established by the Energy Reorganizatic' Act of 1974 (P.L.93-408). It is responsible for assuring the protection of the public health and safety through the licensing and regulation of the uses of nuclear materials. Section 201 (a) (1) of the Energy Reorganization Act, 42 U.S.C. 584 (a) (1) ,

provides that "action of the Commission shall be taken by a majority vote of members present."

Meetings Defined by Sunshine Act Under NRC regulations, revised in 1985, a "meeting" is defined as "the deliberations of at least a quorum of Commissioners where such deliberations determine or result in the joint conduct or disposition of official Commission business; that is, where discussions are sufficiently focused on discrete proposals or issues as to cause or to be likely to cause the individual participating members to form reasonably firm positions regarding matters pending or likely to arise before the agency.

Deliberations required or permitted by S 9.105, 9.106, or 9.10 8 (c) do not consitute ' meetings' within this definition." 10 CFR S 9.101(c) of NRC's Sunshine Regulations (see Appendix D).

This revised definition nas yet to be implemented. To date, the Commission has treated all discussions of agency business by a quorum of Commissioners as "meetings" for Sunshine Act purposes.

For purposes of tabulating meetings in this report, each agenda item scheduled for discussion or briefing is counted as a meeting. Each session at which one or more Commission 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 "Common 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 considered. Both methods are reported here to allow comparisons of statistics by those who use the Common Cause method.

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l TABULATION OF OPEN AND CLOSED MEETINGS BY MONTH l

CY 1987 l 1986 109 42 7 158 -l OPEN CLOSED OPEN/ CLOSED TOTAL Jan (NRC) 9 2 0 11 (CC) 8 2 0 10 1

Feb (NPC) 12 2 0 14 (CC) 11 2 0 13 l Mar (NRC) 5 2 0 7 (CC) 4 1 1 6 Apr (NRC) 12 4 0 .16 (CC) 7 1 3 11 May (NRC) 3 3 0 6 (CC) 2 2 0 4 Jun (NRC) 7 6 0 13 (CC) G 5 0 11 Jul (NRC) 10 3 0 13 (CC) 7 3 0 10-Aug (NRC) 7 1 0 8

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(CC) 6 1 0 7

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Sep (NRC) 8 2 0 10 l (CC) 7 1 0 8 i Oct (NRC) 9 2 0 11 (CC) 6 0 2 8 Nov (NRC) 8 1 0 9 l (CC) 7 1 0 8 Dec (NRC) 4 1 0 5 (CC) 4 1 0 5 YEAR TO DATE i (NRC) 94 29 0 123 (CC) 75 20 6 101 "CC" = Common Cause method of counting.

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, i APPENDIX C TABULATION OF MEETINGS

'BY-DAYS' NOTICE CY 1987 DAYS' NOTICE OPEN CLOSED CLOSED /OPEN TOTAL 12 or more 62 16 0 78 11 0 2 0 2 10 0 0 0 0 9 0 0 0 0 8 3 3 0 6 7 17 1 0 18 Subtotal 82 22 0 -104 6 4 0 0 4 5 0 4 0 4 4 0 0 0 0 3 0 0 0 0 2 1 0 0 1 1 2 0 0 2 Less than 1 5 3 0 8 Subtotal 12 7 0 19 i GRAND TOTAL 94 29 0 123

^ 9 103 9.90 PART 9

• PUBLIC RECOROS tc) Weimg r e ens ire dei.: con...a of at le a s: a q. ore cf Co--.:ss.or:t es where sac . :enber44cas Otter- "e or resuit .n ene soint condact or 1s;osmor of off.c:a Comrmssion ns ness tMt is a whe e c:scussions are sufficiently

?, focused on d.screte cro;osais or essee' s es to cause or to be likeiy to cause the

-indnidal participating memeers to I form reasonaely firm positions regar1. g matte s pending or!;kely to anse cefore the iitency Deliberations required or permitted by 19105. 9106. or 910Mcl an not constitute "meetings wohin ths

_d.eiinition

'" f d) "C:c4ed meeting

• mesas a meetmg j of the Commisalos closed k putue u. '

64.Yauon as orevided try l 9.194.  !

tot "Open sneeting" meaua a movems of the Comuntation open to putue ca. ' 1 servatJort pureuant to this #4bpart (f) "Secretary" means tne Secretary i f to the Casamlessen.

F. Ig ) "Oenersi couswel* m esas the Oen.

I f erst vided Counsel of altb) try secten the ComantsnSon of the Atarnic 2 as '

ersy Act of 1994 and sectson 201tf1 of '

' me Derfy Reorganissuon Act of 1914. <

ud until such time sa me oSces of that emeer are a the saane i.esuon sa sho .: l the Cornratssion, uy mester of his oSce I specially destgria'ed th writing b7 btm putsvant to 1.his sateactea to cart 7 out his rerpoc.sittlauer under this subpart.

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Swboert C-Covernment m the bnahMe Cortmustanere shall not jointly ces.

Art stetutstions duct or dispose of CommtaL4n bustrieu

$ 9.100 Scope ef 5.bpan. in Commusion meeungs o4har than a nts subptrt stuersbes proceduris acecreance vita this suspert. hcess u pursuant to which NRC =eettast saall provided in i 9104, every tydttoa of every be open to putue observsta.2n purvuut to meeting of the Commisalon shall be opta the provtstona of 3 U S C. Sec. 3310. Th.:s to puelle oceervauca.

subpart does not afett the procedures g 9.103 Ceensi pcovielene.

g urvusat p to whah NRC records tre made De Se retary shall ensure that a3 l 3 ars.uable to the put!!c for it.specuen Lnd open Commusion meettags are held in a 2 cop 7173 which remain governed by sMD* location euen that there is taasonan:e a part A. cacent that the utmpuans set space, and adequate vtstatuty sad accus.

Z f crut in i 9.1041a) anall govat in ute c ase ties. !or putus observauen. No addjuenaJ

' of arty request made purTJLat to l 9 8 r*ght to paruelpate to Commtasjon rntet.

ings is mated to any person by tats sun.

to so;7 er mspett une trsAscripts, record. part. An open meetttts La not part of t2e tr.gs or miautas desertWd La l 9.10s, formsJ or :=.fortnaJ record of dectsson of Acetas H decumtats canaidered at NRC the :r:stters aucuased thereta except u

=teu.a.as ahta cont: Ave to be gevatned othernse reautred by law. Statarnents c:

v:ees or encreastons of op:nlon made tr7 h7 Sutratt A uf thi.s Pati. Co. rnasioners or NRC ems:cr7ees at c:.t:

$ 9.101 Wh meetsngs tre r.ot tntanced to regresent As used tn this subpart: -

'lcaJ determinauons or trelaata.

f al "Comrousion" :nesas the ccuesul r==

boap of Ave Commasioners or a quorum

• Sach sutements may not N u.ereof a4 provided by secten 201 of the I pleaded cited. or reued upon tefore E:erT7 Reorgantartion Act of 1914. or a s supetvisJon of t?.at ceCestal bods av.  ; the CommuJon or la w oroceectet thoruad to act on its behau, and shall not ., ut. der Psrt 2 of thase rtes!atforts 41:

mean up body not cornposed of marnure ; CTR Part 11 e: cept as the Cornmuoc of that couegul body. s eay ditect.

sol commusAoner* mesas sa indl. L vidual sao La a member of the Cc:nmis.

sien.

9 11 Octoner 31.1985 "

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9106m l PART 9 e PUBLIC RECORDS Memters of the puCllC attend rat.teh .n'.13:en of per%cnal prM acy- note of the Comr'Misioners shall be o7 es open Ccmmission meetmts ma> m) Mclose me mentity of a coni;Jen- tamen sith respect to each Commis-t141 aource and, m *.he ca.se of a record sion meeting a portton or portions of k use small e!ect ronic sound recorders tc C0mptlCd ty a enmma! laa enform AntCh are proposed to be CICsed to the a te(vfd the meetmg. but 19e use of ment aatnerity m the course of a public pursuant '.o 19104, or shtch re-f nhet electronic recordtris equipment criminal anushgauon. or Oy an agency spect to any inforNation wntCn is pro.

essnd camere requires the advance Conducting a lawful national security I written soproval of the Secretary. osed to ce rtthheld under i 9.105(c) b inteiligence miestigation, confidential A smgle tots may be taken with re information turntshed only by the spect to a unn of mutmgs, a portion Clowd meeticet conitdenual source. tv) disclose traes- or poruens of thach tre proposed to Ft(a) 1.101 Eacept where the Commission tigative techniques and procedures, or be Closed to the putliC. or with respect endanger the life or p h ysiCg) to Any information concerning such (Inds that the public mterest requires safety of law enforcement personnel; M *"*etings. so long u eaCh 6therwhe. C0mmission meetmgs shall g...

closed, and the requirements of ut.g .n such settes involves the og i t 9.105 and 9107 sl:411 not apply t same particular matters and is sched-any information certainmg to such ture disclosure of wnsen sould be I Itkely to significantly f rustrate tmple- uled to be held no more than thirty '

meetmg otnerstse required by this days af ter the inattal meeting in such suepstt to te disclosed to the pubite. mentation of a proposed Commtaston senes. The vote of each Commissioner snere the Commission determines in shall action. except that this succaragraph participating in such vote shall be re-accordant:e witn the procedures of not apply m any instance where corded and no proxtes shall be 11

9105 that openmg such meetings or the Commtssion hu a.lready dt.sclosed I d

. porttons thereof or disclosms such in- to the public the content or nature of 3 (Vithin one day of any vote taken forr:.auon. is likely to. tta proposed action or tihere the Com- pursuant to paragraph (a) of this sec-tli Otselote matters that are (1) spe- mission is recurred to mate such dis- UC^* I "I 8**"*

cifically authortacd under entena es- closure on its own instative Orter to tary shau mau Weh aMaW in tamitshed my an Executive order to be tatmg final action on such proposal; the Pubile Document Room a written kept secret m the interests of nauonal or copy M such m WW W W defense or foretrn pohty, and 01) in (10) Spectitcally concern the Com- of each member on the Question. If a fact property clusthed pursuant to mission s issuance of a subpoena or pordon of a mung is to be cased 2 suen Ex*euttve order. the Commission's participauon in & the public, the Secretary shall within (2) Relate solely to the interr.nl per* civil action or proceeding or an action one day of the sote taken pursuant to sonnel rules and practices of the Com* or proceedmg before a state or federal paragraph (a) of this section or mtstion; administrative agency. En action in a 9.106(ah make publicly available in (3) Di.sclose matters spectflcally for?ttn court or mternational tribun&Lg lhe Public Document Room a full exempted from disclosure by statute l or an arbitration, or the initiation.g t a (other than 5 U.S.C. 552) provided conduct or disposition by the Commts. written explanation of Its action clos-j that suen statute up requires that the f sion of adfudication a particular pursuant cue of expected to S all persons formals to mg the the attend portion

- matters be uthheld f rom the public m 2 agency"U.S.C. 554 or otherwise involving a de.' meetme and their a!!!!!ation.

z such a manner as to lease no dtscre. (c) The nottees and Insts required by Z i:en on the sssue, or (!!) estabitshes Etermmation on the record after an op. paragraph (b) of this section to be

' parucular enteria for othholding or gportumty for a hearms pursuant to made public may be withheld from the refers to particular types of matters to Part 2 or similar provtstons, be withheld; (b) Examples of situations m shich pubite to the extent that the Commts-(4) Dtsclose trade secrets and comi Commtssion scuen may be deemed to sion cetermines that such mformation mercial or financial mformanon ob- be significantly frustrated are: (1) If staelf would be protet.ted against dis-tamed from a person and crittleged or openmg any Commission meeung or closure by I 9.104(ar. Any such deter-mination shall be made independently confidential mcludmg suen mforma- negotiations sould be hkely to disclose mformation provided or requests made of the Com'nission's determinanon tien as cefined in i 2.790(d) of this to the Commimon m confidence by pursuant to paragraph (a) of this sec-

)

110e; (5) Invoke accusms any person of a persons outside the Commission and tion to close a meetms, but in accord- I enme. impcsing a civil pentity on any which would not have ceen provided Ence secuen.

Mth the procedure of that sub.

Any such determmation, in-person pursuant to 42 U.S.C. 2282 or or made otherwise: (2) if openmg a 42 U.S C. 5846. or any revocauon of meeting or disclosing any mformauon cluding a antten explanauon for the any Itcense pursuant to 42 U.S.C. Sec. would reveal legal or other pohcy tetton and the specific provuion or 2236. or formally censuring any advice. pubile knowledge of w hich provisto. - s ci l 9104(a) rehed upon, person: could substantially affect the outcome must be made Duchcly astilaDie to the (6) Disclose informauon of a person' or conduct of pendmg or retsonaDly extent permitted by the circum-11 nature where such disclosure would antletpated litigatlJn or negoustions; stances.

constitute a clearly unwarranted inva- or (3) if openmg any meeung or dis- I t 106 Persons affected and monons for slon of ptrsonal privacyt closms any informauen would reseal ** #'

(7) Disclose investigatory reports information requested by or testimony (a) Whenever any person whose m-compiled for law enforcement p u r- or proposals to be siten to other agen. terests may be directly af fected by a poses, tnetudmg spectitcally er. force

• ctes of gosernment, meluding the Con.

ment of the Atomic Eriergy Act of gress and the Executne Branen cefore portion of a rneetmg requests that the 11354, a.s amended. 42 U.S.C. 2011 et the requestmg agency would recetse Commission cicse such portion to the sea.. and the Energy Reorgantzauon the informauon. testimony or propos. public for any of the reasons referred Act of 1974. 4.s s. mended. 42 U S C. als. The examples m the acose sen. to in paragraphs t al (SL ($L or (7) of Shol et seq., or Information s hich tf tence are for illustratne purposes only 19.104, the Commimon. upor' request written would be contained m sucn re.

of any one Comm:ssioner. shsil sole and are not Intended to te exhaustise. by recorded sCte eether to close such Cords. but only to the ettent that the pricuction of such records or tr. forma- 13.10$ Commi . ion procedures. meetmg.

• c:t would: to Interfere Alth enforce.

ra) Acuen under i 9104 shall te Nat mceemmts. uil dentne s person taxen only when a majority of the of a t gnt to a f air tnal or an impartial enure memoership of the Cornmtssion .

Sol 4Maldn. 't;il constitute an un4 ar- sotes to take such action. A separate September 1.1982 9 12

l i

[ "*

" PART 9 e PUBLIC RECOL d

1. '*# 430 accurate st.mmary chr.ge in one of the precedmg. and o g" y 3 t,,

r%s (b) Any person may petition tne the name and phone numeer of the of' therefor

• melud *

[ *" *I Commission to reconsider its action ficial des:gnated by the Commission to ,,en og the si **"#

under 19.105(t or paragraph tal of respond to requests for information item and the record of any roueug this section by !Lilns a petition for re. about tne meetmg. shall also be sub. yog, g,g ' "

constderstion with the Commtaslon mitted for publication in the Pternat missioner on tne q witnm seven days after the data of " ' " " " " C 0 such action and before the meeung in T e public announcement re. M N insan str W st agraph tal of this section u g e ,',

) A etiti n for reconsiderstion (b) The Comm:ssion snsil maxe filed pursuant to paragraph (b) of this [ [o's ng secuen shall state specifictily the document in the Public Document pmmetW ce gm aWacle to the cuche. m the Public Document Room. tne tran, grounds on wnten tne Cornmts.ston Room at m7 H Street. N.W. W ash- senpt electrorne recordmg. or minutes action t.s claimed to be erroneous. and ington D.C.; and, to the extent appro- tas noutud by paragraph t al of ints shall set forth, if appropriate, the public interest in the cloalns or open. sr, 2) tate under the ctrcumstances,Mailms asectionscopy to of all the

' otscussion of any item on the agenda, or of any item of the ing of the meettnr. The filing of suen ::whose names are on & mas!t tesumony of any witness received at a petition shall not act to stay the ef. Xmaintained for this purpose. the muung, peept for sucn stem or festiveness of the Commisalon action (3) Submitting a copy for powible or to postpone or delay the meeting in *j to at tetst two newspapers (terns of suen discussion or testimony puolication as the Commission determines pursu, question unless the Commtssion orders 7of general circulation in the Washing, ant to paragraph ten of this section to (

ton. D.C. metrcoolitan trea; otherwtse. (4) Any other menna wntch the Sec.

contain infctmation which may be j retary believes will serve to further withheld under i 9.104 or i 9.10$(c). I f 9.107 Pelle announcement of Commle* Copies of suen traructipt. or minutes.

con w ungi. tnform any persons wh4 m'ght be m.

terested. er a trsnscnotion of such recoroms (t) In the czae of each meeting, the disclosing the tdentity of each sceager, Secretary shall make public announce. (e) Mt:en under the second sent: nee of paragrapn (a) or (bs of thts section Ashall be furmaned to any person upon .

ment, at lesat one weet before the shall be taxen only when the Comfrus. Apayment of the actual cost of dut.ltca.

meetms, of the time, place, and sub. s!on findJ that the public interest in;uon or transertation a.s provided m I ject matter of the meeting, whether it prcmpt Commission action or the need.19.14. The Secretary shall matntain &

ts to be open or closed to the public. to protect the common "fanse or se.geomMata tercattm copy of the tran.

and the name and phone number of *urity or to protect the public health '"r a. . rn.c.clete copy of the mmutes,c%n the official designated by the Commts. '

3r safety overrides the public interest eacn muung. or portion of a muung. 1 alon to respond to requests for infor in havins full prior notice of Commia. closed to the public. for a period of at mation about the meeting. Such an Nast two Wan aun such muung, or nouncement shall be atade unless a *slon meettnes, tmul one par aun W concluskrt of majority of the rnembers of the Com.

mission determmes by a recorded vote - any Commission proceedmr ulth re-that C'ommisalon business requires I ut n. mwrips. ree ,rd. spect t thtch the meeung or portion that such meeting be called at an ett a nnm Jts .Sh evu occurs latu.

ller date. in which case the Secretary - (c)in the case of any mectmg closed (a) For every meetine closed pursu.

shall mthe public announcement og ant to partaraphs (4)(1) through (10) pursuant to l 9.104, the Secretary of the the time. place and subject matter el of I 9.104 and for every determinauon Commission.upon the edvice of the such meettar, and whether open on closed to the public. Et the eartlest pursuant to l 9.10Sf e). the Generaj General Counsel and sfter consultation Counsel shall publicly certify at the with the Commission. shall determine Jractical time. time of the public announcement of which.if any. ponions of the electronte the meeting, or !f there is no public a recordmg.transcnpt or mmutes end (b) The time or place of a meeting annouricement at the earliest prseuct): which.if any. items of mformation may be enanged followmg the public jtime, that. m his or her opmion, the ; withheld pursuant to I 9105(c) contem announcement required by parsgraph meeting may be closed to the public. information which shouid be wohneld (al of this section only if the Secretary and shall state each relevant exemp. R pursuant to l 9.104. m the evant that a request for the recording, transcript. or publicly announces such chantee at sthe ettliest practicable time.minutes The sub. jtivewHhm is receiv6d provtston unless the the period ject matter of as meeting or the deter,, certiftcauon votes pitriuant la to l 9.10S(c) protected that such 14ttnat dis. dg.rirts which the recordms. transcript.

minauon of the Commtsalon to open ' closure by 19.104(t). A copy of such or mmutes must be retamed. under C or etote a meeting, or portion of a certification. together with a state. subsection (b) of this section.

4 meeting. 'o the public, may be tnent from the preeldmg off!cer of the

• jchanged following the public En. meettrig settirts forth the time and 9d) If at some ; ster ume the Com-

• nouncement required by this subsec, pites of the meetmg. and the persons miu.on determines tnat there is no l y tion only lit (1) A majortty of the present. shall be retained by the Com. ftirtner r sufeaucn .or sechholding entire membe? ship of the Cornminston any tr.nnrtt. record.ng nr ot ser item l deterrnmes by a recorded vote that mLsalon. The Commisalon shall main.

tain a complete transcnot or electron. of ir.!ctia.uen f rcm t.'e pubbe which j Cctamtsston business so requires and tc recordtrig adequate to record fullydhas Orn.nsW been v utne:d. then that nc earlier announctment of the the proceedings of each meeung, or un m'ormauan snai! be niace Au.da-change was poesJble, arid (2) the Sects. portton of & meeting closed to the ble.

tiry publicly anttounces such change public. except that in the case of af g 3 g" "#"

and the vote of each member upon meeting, or portion of a meeting.

such change Et the etrLiest practicable he Se"retary snsli annually re:crt

• tm e, closed to the oublic pursuant to para.'tc'the C ngres: trg.rtng the Com.

'r a.med!stety following etch , grapn tex 10) of 19.104 the Commis. missiot. s comN.ar.ce utn the Gosern.

te) public armouncement required by this aorston snLil maintam n;ent m me Sunsnme Act, netuing a sectfun. notice of the time. place, tnd minutes recordmg or a set suen a trartscript, of minutes. Such tatuauen of ta

• stal number of Joen snall fully and clearly de.

subject matter of b meeting, whether muunn 'ne total num er of closed the meeting Lt open nr closed, any scribe all matters discussed and shall May 31.1985 S13

~_

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

, 9.109 PART 9

• PUBLIC RECORDS

! meetinSS.

meettngs and the&retsons descrlOUon for C100tng of &ny litt.Such O gsuon trought assinst the Commts.

ston pursuant to the Government in

the Sunshine Act, includins any cost

• SaSessed against the Commission in

such littsstion (whether or not paid by (the Commtastons.

n+ -,-- , ,., . , ,,,_..--,_..n,,n... . , , ,,,a-.,.n,-,,,_, ,,,_,,,n,,,n,.,. anne,.w._,n,_ _ _ , __ ,v--nn-,_yme,m_eg,,._,,,.._m,

APPEND 1X E ygg PART 2 e RULES OF PRACTICE FOR DOMESTIC LICENSING PROCE

_ fd) Thts section does not apply to Ex PAATa CoMMUNICATgons communications authorttec Oy para- a gi In the cue of an application for grson it) of this section. to the dispo. a licertse under Part 60 of this enacter I talo Es parse commnicatlens. sttton of ex parte matters authorned t retaling to disposal of hign level ra.

sa) Except as provided in para 4raph by law or to commumcations request. dioactive at.stes in geologic repositor.

(e) of this section, neither tl) Commts. ed by the Commission concerning: , tes), thts part requires a proceeding on stoners. members of their immediate (1)Its proprtetary functions: - the record prior to the tssuance of a staffs, or other NRC officials and em. (2) GenersLi health and safety prob. construction authoruation. Unless the ployees who adytse the Commissioners lems and responsibilities of the Com. 2 Commission orders othervtse, tne tasu.

in the exercise of their quast.Judictal mtssion; or

• ance of a construction author'sation functions will request or entertatn off (3)The status of proceedings,  ; (or a final dectston to deny a construe.

the record except from each other. nor (e)In any adjudlestion for the deter, tion authoruation) shall be deemed.

(2) arty puty to a proceedlag for the for purposes of this section. to termi-lasuance, dental, amendment, trattsfer, mination of an application for amtisj nate all, proceedings on the record renewal. modification. suspension, or licensing, other than a contested pro, then pendtns before the NRC with re.

revocation of a license or permit. or : ceeding. Commissioners. memeers of spect to such appuctuon.

o any officer, employee, representative. O " oftheir immediate fletals and employees staffs who and adytse other NRC the

': or any other person dJtectly or indj.

O rectly acting in bensil thereof, shall . Commtssioners in the exeretse of their z submat off the record to Commtssion. - quast. the staff, Judicialand the functions may staff may consult commum.

• ers or such staff members, officials, cate with Commissioners. members of a and employees, any evidence. explana.

tion. analysts or advice, eihether writ. their immeotate staffs and other NRC officials and employees who adytse the ten or ors 1. regarding any substantive matter at issue in a proceeding on the Commissioners in the exercise of their quast. Judicial functions.

record then pending before the NRC (f) The provtstons and limitations of for the issuance, dental, amendment. this section applicable to Cornmtssion.

trsnater, renewal, modification, sus. ers. members of their immediate penston, or revocation of a l! cense or staffs. and other NRC offtetals and permit. For the purposes of this sec. employees who advise the Commts.

tion. the term "proceeding on the stoners in the exeretse of their quast.

record then pendtas before the NRC" Judicial functions are app!! cable to shallinclude any application or matter members of the Atomic Safety and U.

which has been noticed for hearing or censtna Appeal Board, members of concerning which a hearing has been their immediate staffs, and other NRC requested pursuant to this part. offletats and employees who advise members of the Appeal Board in the exeretse of their qua.si. judicial fune-Mons.

ab) Copies of SYttten communica. -

tions covered by parwraph (al of this Section shall be placed in the NRC pubite document room and served by the Secretary on the communicator and the parties to the proceeding in.

volved.

(c) A Commissioner, member of his immediate staff, or other NRC of ficial or employee advistng the Commission.

ers in the extretse of their quast.judi.

ctal functions, to whom ts attempted any cral communication concerning i

any substantive matter at tasue in a 8 proceeding on the record as desertbed

- in paragraph (a) of this section, wt11

' decitne to itsten to such communtes.

tion and will explain that the matter ts pending for deter 1nin& Lion. If unsuc.

cessful in preventing such communica.

Lion. the recipient thereof will advtse the communicator that a written sum.

mary of the converr%1on will be delly.

ered to the NRC pubtla document room and a copy served by the Secre-tary of the Cornmtssion on the com.

municator and the parties to the oro.

cteding tavolved. The rectatent of the oral communication thereupon stil make a f air, sTitten summary of suen communication and deliver such sum.

marv to the NRC puche document room and serve copies thereof upon the ccmmunicator and the parties to the proceeding involsed.

Wa December 30.1982(rm iaen om. a m

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

APPENDIX F UNITED STATES NUCLEAR HEGULATORY COMMISSION PDR MONTHLY ACCESSION LIST l

PAGE 87/02/01 - 87/02/28

__________ FILE LOCATION,,,,,,,,,

- 10CFR; Coassission Meeting Recordu F_I _LE_ _ LEV _ _E_L.S.

19Ef*_fIL2 1

10CFH PT9.7 87/02/17 0702250379 Tranuctipt of 870217 briefing in Washington,DC re final 8 3

version of draft NUREG-1150 (Source Term). Pp 1-73. Viewgrapha 1

& "Reactor Hisk Ref Document, NUREG-1150, Executive Summary" es.c l . 48X: 39743 246 39743 361 87/01/17. 113pp.

? Com.massioners.

1 i

4 1

d 1

1 4

factors that are indexed on the PDR Monthly Accessaon List.)

IAppendix F1, identities and describes the

o APPENDIX Pl UNITED STATES NUCLEAH HEGULATORY COMMISSION PDR MONTitLY ACCESSION LIST PAGE 87/02/01 - 87/02/28 H 1,1.E,[OCAT I ON ,,, ,,,,,,

FI((,((vEng - 10CFH; Cossaission Mo. sting Hecor ds IEEE_EIh2 II ,2 3 C D

• 5 1 'PT9.7 87/02/17 t

Washingtt an DC re final 110CFl4 3702250379 Taanscript of 870217 briefang nu Pp 1-73. Viewgraphs version of draft NUREG-1150 (Source Teras).

P;;:keactor Ma sk Hef Document, NUREG-IISO, Executive Susstary" i encl. 48X: 39743 246 39743 361 Commtssioners. 87/01/17. Il3pp.

2 4 k f b ,

i i

i i

4 A Acccm64un number - - - A unique adentificataon number for the document

---

A description of t ime document n Tatte fictd Albu used to calculate repgoductaon charges.

C Number of page6 of verbatum transcript.

D Enclosures E Indacate6 the Consaissaon meetang pursu.snt to the Sunshane Act.

F Document date e G Total number of page6 an the package

---

Contains two hou r ce ts of information necessary to locate the document H File locataurs an the POR; the first source listed as the Peper iale locator, (I),

a nd t he- second mource noted am the Microfache identsfier, (J) .

Paper tale locator ----- Comprased of the tatle, (II), and part (I2) of the code of Federal I

segulations that require tran6cripts of meetings be publacmily available. The last portion of this file demagnator as the date of the meeting, (IJ).

---

Compramed of: type of fache (J 1)

J Macrofaclae locator beginning iache number (J 2) beginning trame number (J 3) endang iache number (J 4 )

ending frame number (JS)

__________-______-____-_-_-______-____-__________________.._____-_______.._-_____-_______________________________.;