ML20203D409

Informs Commission of Revision to Agreement Between Us DOE, Ocrwm & NMSS Re General Guidelines for Communications Between Two Organizations with Respect to All Activities Preparatory to DOE Submission of Application

ML20203D409
Person / Time
Issue date:	01/28/1999
From:	Travers W NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To:
References
SECY-99-031, SECY-99-031-01, SECY-99-031-R, SECY-99-31, SECY-99-31-1, SECY-99-31-R, NUDOCS 9902160193
Download: ML20203D409 (22)

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POLICY ISSUE (Information)

January 28.1999 SECY-99-031 FOR: The Commissioners FROM: William D. Travers Executive Director for Operations

SUBJECT:

AGREEMENT BETWEEN U.S. DEPARTMENT OF ENERGY /

OFFICE OF CIVILIAN RADIOACTIVE WASTE MANAGEMENT AND U.S. NUCLEAR REGULATORY COMMISSION /

OFFICE OF NUCLEAR MATERIAL SAFETY AND SAFEGUARDS REGARDING PRE-LICENSING INTERACTIONS PURPOSE:

To inform the Commission of a revision to the agreement between the U.S. Department of I

Energy (DOE), Office of Civilian Radioactive Waste Management (OCRWM), and the U.S.

Nuclear Regulatory Commission (NRC), Office of Nuclear Material Safety and Safeguards (NMSS), regarding general guidelines for communications between the two organizations with respect to all activities preparatory to DOE's submission of an application for authorization to construct and operate a geologic repository under section 114 of the Nuclear Waste Policy Act (NWPA).

BACKGROUND:

In 1983, NRC and DOE signed a Procedural Agreement and later a Project-Specific Agreement identifying guiding principles for interface during site investigation and site characterization.

The agreements outlined procedures, for consultation and exchange of information, that DOE and NRC would observe in connection with the characterization of sites for a geologic

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The Commissioners repository. The purpose of these procedures is to assure that an information flow was maintained, between the two agencies, that will facilitate each agency's accomplishment of its responsibilities, under the NWPA. This agreement was last revised in 1993.

i DISCUSSION:

The objective of this revision (attached) is to update, consolidate, and streamline the agreement. NRC and DOE staffs have worked jointly to incorporate changes to satisfy these objectives. The substantive changes include: (1) adding a provision stating that all interactions will comply with the "NRC Policy Statement on Staff Meetings Open to the Public"; (2) stating that management commitments will be documented in corresponder~e subsequent to the interactions; (3) streamlining the types of meetings conducted to reflect current practice; (4) i consolidating and eliminating redundant information to simplify the agreement; and (5) clarifying the use of terms by adding a " Definitions" section. l l

All changes to this agreement have been coordinated with DOE /OCRWM and reviewed by NRC/NMSS, and NRC's Office of the General Counsel (OGC). In an August 1998 public meeting, NRC and DOE staffs briefed representatives from the State of Nevada, Affected Units of Local Governments (AULGs), and other interested parties, on the proposed revision to the agreement, and solicited their comments. Copies of the proposed revised agreement were available at this meeting. Comments received from the State and AULGs were incorporated j into the agreement. I OGC has reviewed the procedural agreement and has no legal objection. There are no resource, information management, or information technology impacts expected as a result of the revised Procedural Agreement.

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Willia .Traver M Executive Director 4 for Operations

Attachment:

Agreement Between DOE /OCRWM and NRC/NMSS Regarding Pre-licensing interactions -

DISTRIBUTION: ]

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AGREEMENT BETWEEN DOE /OCRWM AND NRC/NMSS REGARDING PRELICENSING INTERACTIONS

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AGREEMENT BETWEEN DOE /OCRWM AND NRC/NMSS REGARDING PRELICENSING INTERACTIONS 1 PURPOSE 1.1 This Prelicensing Agreement describes general guidelines for communications between the staffs and management organizations of the Department of Energy (DOE) Office of Civilian Radioactive Waste Management (OCRWM) and the Nuclear Regulatory Commission (NRC)

Office of Nuclear Material Safety and Safeguards (NMSS), including senior management and contractors designated by either agency, during the prelicensing period with respect to all activities preparatory to DOE's submission of an application for authorization to construct and operate a geologic repository under section 114 of the Nuclear Waste Policy Act (NWPA).

1.2 This Prelicensing Agreement supersedes the AProcedural Agreement @ and the AProject- l Specific Agreement", as revised in 1993. '

l.3 No action taken pursuant to this agreement shall be deemed to constitute a commitment to issue any authorization or license, or in any way affect the authority of the Commission, its officers, and staff, in any licensing proceeding.

1.4. Nothing in this agreement shall be construed to confer rights to any party other than to DOE and NRC.

2 DEFINITIONS Appendix 7 Meeting - An Appendix 7 Meeting is a meeting between the NRC On-Site Representative (OR), including any NRC personnel assigned to the OR, and DOE-Yucca Mountain Site Characterization Office (YMSCO), including contractors and subcontractors.

These meetings, described in Appendix 7 of this Agreement, do not constitute interactions within the intent of Section 3 of this agreement and will not require the preparadon of written reports or meeting summaries. These meetings are intended to be focused discussions of technical topics on site characterization and related activities. At the discretion of DOE and NRC, external j parties may be notified and invited to observe Appendix 7 meetings and field trips subject to  ;

identification requirements and compliance with applicable access control measures for security, radiological protection, and personnel safety. No commitments may be made at Appendix 7 i Meetings.  !

Commitments - An explicit statement to take a specified action agreed to or volunteered by the .

OCRWM or NMSS to one another, an external governmental agency or entity identified in the NWPA as having a right to participate. Commitments require action within a specified period or by a specified date. All commitments will be documented in correspondence by the party (ies) making the commitment. Unless expressly provided in writing, no commitments made to NRC pursuant to this prelicensing agreement are to be interpreted as becoming licensing commitments or conditions.

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Interactions - Technical Exchanges, Management Meetings, or Site Visits. Management Meetings and Technical Exchanges are planned interactions open to public observation subject to the NRC Policy Statement: StaffMeetings Open to the Public. Technical Exchanges or Management Meetings include but are not limited to planned or scheduled DOE /NRC face-to-face meetings as well as alternative forms of planned or scheduled DOE /NRC interactions such as videoconferences. These interactions will comply with the NRC Policy Statement: Staff Meetings Open to the Public whether conducted by NRC or DOE. Certain interactions require written reports, as described in Section 3.5, and are subject to public notincation and observation.

Management Meeting - A scheduled interaction held whenever necessay to review the summary results of Technical Exchanges; to review the status of outstanding items and issues; to discuss plans for resolution of outstanding items and issues; to update the schedule of Technical Exchanges and other actions needed for staff resolution of open items regarding the site characterization program; and to consult on what guidance is advisable and necessary for NRC to prepare. Unresolved management issues will be promptly elevated to upper management for resolution. Management Meetings are conducted to discuss programmatic issues related to program policy, schedules, scope, and major assignments of resources. Any commitments that are made during these meetings will be documented in correspondence by the party (ies) making the commitment. These meetings are subject to the NRC Policy Statement: StaffMeetings Open to the Public whether conducted by NRC or DOE.

Observers - A representative (s) sent to primarily observe but not participate substantially in an activity (as in a meeting, audit, or surveillance). Observers may furnish que3tions, observations, and recommendations generally at the beginning and end of meetings. Direct communication between observers and meeting participants during a meeting, audit, or surveillance is generally discouraged in order to minimize disruption.

Programmatic Issues - Issues discussed primarily at Management Meetings related to program policy, schedules, scope, and major commitments of resources.

Site Visit - A scheduled interaction held between DOE and NRC technical staff to: explain technical information related to ongoing Geld or laboratoy site characterization and related activities; and visit locations at the site for field briefings and discussions of preliminary data and interpretation derived from field work. The primary purpose of a Site Visit is for both agencies to benefit from discussion of technical topics in the field. Site Visits will not require the preparation of written repons or meeting summaries. Site Visits will not be used as a forum to officially establish or change technical and/or regulatory positions, establish commitments, nor agree to courses of action. Representatives from the State of Nevada, affected units oflocal government, any affected Indian tribes, the public, and other interested parties may observe the i proceedings of Site Visits consistent with security access, logistical arrangements, and safety l mles. Proceedings covered by Appendix 7 of this agreement do not apply to Site Visits.

Technical Exchange - A scheduled interaction between DOE and NRC technical / licensing staff expected to focus primarily on technical or regulatoy issues and to: review and consult on interpretations of data; identify potential licensing issues; discuss specific technical and/or Page 2 of 5

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l* regulatory topics, the sufficiency of available information and data, methods and approaches for the acquisition of additional information, and data as needed to facilitate NRC reviews and f

evaluations and for staff resolution of such potential licensing issues. Technical Exchanges may 7

L be the forum for gaining an understanding and discussing technical or regulatory issues and the i i acceptability of actions on the part of both agencies, however, they can not be used to officially l l establish or change positions or make commitments. These meetings are subject to the NRC ~

Policy Statement: StaffMeetings Open to the Public whether conducted by NRC or DOE.

t 3 GUIDELINES TO CONDUCT OCRWM AND NMSS INTERACTIONS I 3.1 OCRWM and NMSS may conduct interactions on topics of mutual agreement at the request of either agency. Open, scheduled interactions may be either Management Meetings, Technical Exchanges, or Site Visits (see Section 2, " Definitions"). Proceedings covered by Appendix 7 of this agreement do not constitute interactions within the context of this agreement.

3.2 Technical Exchanges are expected to focus on technical or regulatory issues, and are intended to be staff-to-staffinteractions, with respective contractor staffincluded as needed.

Technical Exchanges may be the forum for gaining an understanding and discussing technical or regulatory issues and the acceptability of actions on the part of both agencies, however, they can not be used to officially establish or change positions or make commitments.

3.3 Management Meetings are generally expected to focus on programmatic issues. Verbal agreements can be made by the managers attending Management Meetings; however, any commitments will be documented in accordance with Section 3.5 of this agreement.

3.4 A teleconference between OCRWM and NMSS should be held approximately two weeks before each Technical Exchange and Management Meeting to reach agreement on an agenda.

3.5 Technical Exchanges and Management Meetings shall have bilateral minutes that summarize and document the meeting. The concise bilateral minutes shall include: a) brief summaries of the presentations made and the discussions held; b) regulatory or technical  ;

interpretations or positions; c) identification of points of agreement and disagreement; and d)

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documentation of commitments made at Management Meetings by either organization.  :

Attachments are to include a list of attendees and copies of presentation materials and any view graphs used at the meeting. Copies will be provided to the State, affected units oflocal government, affected Indian Tribes, and the NRC and DOE Public Document Rooms.

i 3.6 Representatives from the State of Nevada, affected units oflocal government, any l affected Indian tribes, the public, and other interested parties may observe the proceedings of  ;

I Technical Exchanges, Management Meetings, or Site Visits consistent with security access, logistical arrangements, and safety rules. Such representatives may provide comments at the

opening and ending of the meeting.

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3.7 Consistent with NRC Policy Statement: StaffMeetings Open to the Public, the NRC will assume the lead to keep all parties informed about schedules for all OCRWM and NMSS Technical Exchanges, Management Meetings, and Site Visits.

3.8 Unscheduled OCRWM-NMSS communications may occur by telephone, electronic mail, or in person. Unscheduled communications shall not be a substitute for an interaction as defined in Section 2 of this procedure.

3.9 Closed, scheduled interactions between OCRWM and NMSS may also be held, according to the limited exemptions and circumstances described in the NRC Policy Statement: Staff l

Meetings Open to the Public.

3.10 At the invitation of OCRWM and consistent with NRC policy, NRC staff may attend OCRWM sponsored or conducted meetings as observers and may participate by providing comments. An OCRWM meeting attended by NRC staff as an observer shall not be a substitute for an interaction as defined in Section 2 of this procedure.

3.11 Both OCRWM and NMSS will identify management points of contact who have signature authority for correspondence to the other organization. Each organization will identify points of contact for informal communications and questions and will update these points of contact as necessary.

3.12 NMSS staff, and consistent with security access and safety rules, representatives from  ;

affected units of state, local governments, and Indian Tribes, may participate as observers at l OCRWM quality assurance audits and surveillances provided that such participation does not unreasonably interfere with or delay such audits and surveillances. The OCRWM audit team leader is responsible for the direction of the audit. Observers are encouraged to participate fully by furnishing their questions, observations, and recommendations in written form to the team leader (or sub-team leader). All inquiries will be addressed. NMSS may perform audits of OCRWM and OCRWM contractor quality assurance programs. Quality assurance audits and surveillances are not considered interactions in the context of this agreement.

3.13 Interactions between NMSS and DOE program offices other than OCRWM concerning activities preparatory to DOE's submission of an application for authorization to construct and I operate a geologic repository under section 114 of the NWPA will be conducted in accordance with the provisions of this agreement.

3.14 Guidelines specific to project activities are included in the appendices to this Agreement.

3.15 The terms of this Agreement regarding these interaction guidelines may be amended at any time by mutual consent,in writing. This agreement and subsequent revisions will become effectise upon the date ofissuance.

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, any time by mutual consent, in writing. This agreement and subsequent revisions will become effective upon the date ofissuance.

3.16 Appendix 7, " Agreement Concerning the Nuclear Regulatory Commission On-Site Representatives for the Repository Project nior to Licensing", provides a description of activities of the NRC On-Site Representatives.

1 Lake Barrett, Acting Director Date Office of Civilian Radioactive Waste Management U.S. Department of Energy I' A %_b . -26 'i3 Martin J. Virgilib, Deputy Director Date OfTice of Nuclear Material Safety and Safeguards U.S. Nuclear Regulatory Commission I

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APPENDIX 1 AGREEMENT BETWEEN YMSCO AND NMSS EFFECTIVE PRIOR TO THE SUBMITTAL OF A LICENSE APPLICATION ,

i Appendix 1 specifies and implements provisions for activities and communication during the prelicensing period that may occur between the DOE Yucca Mountain Site Characterization Office (YMSCO) and the NRC Office of Nuclear Material Safety and Safeguards (NMSS) under the " Agreement Between DOE /OCRWM and NRC/NMSS Regarding Prelicensing Interactions." 1 The activities include: 1) identifying YMSCO and NMSS points of contact for formal communications and informal points of contact for other communications and questions; 2) accessing data, documents, and records by YMSCO and NMSS; and,3) accessing YMSCO site characterization samples and collection of samples by NMSS and contractor staff. Nothing in this Appendix shall be construed either to modify the " Agreement Between DOE /OCRWM and NRC/NMSS Regarding Prelicensing Interactions" in any way or to confer rights on any party other than YMSCO and NMSS.

1.0 Identification of YMSCO and NMSS Points of Contact )

Points of contact identified by YMSCO and NMSS, for formal and informal communications, will be transmitted to the other organization through the point of contact designated for formal communication. Point of contact information willinclude the names of all points of contact,

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designation for formal or informal communication, their mailing and e-mail addresses, and telephone and fax numbers. YMSCO designates the following individual as the point of contact for formal communications with NMSS:

Assistant Manager for Licensing Yucca Mountain Site Characterization Office Office of Civilian Radioactive Waste Management U.S. Department of Energy P.O. Box 30307 North Las Vegas, NV 89036-0307 )

NMSS designates the following individual as the point of contact for formal communications  !

with YMSCO:

Director Division of Waste Management ]

Office of Nuclear Material Safety and Safeguards U.S. Nuclear Regulatory Commission 11545 Rockville Pike Two White Flint North Rockville MD 20850 Page 1 of 3

2.0 Access to Site Data, Documents and Records .

2.0.'1 Written responses will be provided to written questions, comments, requests for data, samples, or documents, and requests for evaluations that are made by either YMSCO or NMSS.

Requests by either organization for large data sets are subject to negotiation of a schedule for availability. The requesting organization is responsible for obtaining and providing to the responding organization any clearances needed for internal reproduction of published documents covered by copyrights.

2.0.2 YMSCO has developed and will maintain a data base identifying site characterization technical data collected by YMSCO, except those data excludable by law. The information contained in this data base includes a description of the data, dates when the data were acquired or developed, the quality assurance status of the data, and the storage location of the data. ,

i 2.0.3 Data sets from the YMSCO technical data management system are available to the NMSS upon written request. Requests must specify the data sets = identifications to enable retrieval from YMSCO=s Technical Data Base, and format parameters, such as hard copy or electronic format, and any other applicable format items, needed to assemble and provide the data. All data provided by the DOE to the NRC prior to the submittal of the License Application are given with the following caveat: " CAUTION: Interpretations based upon these data are subject to change as more data are acquired, developed, or evaluated."

2.0.4 Upon request, at NRC's or DOE's option, each organization will provide the other at least one controlled copy of any specially developed or modified non-commercial software and available documentation used to evaluate site characterization and related activities, performance assessments, and design analyses subject to resolution of proprietary, privileged, software licensing agreements, and availability of the code. l 2.0.5 OCRWM records or documents must be authorized as available by YMSCO staff.

Generally, records and documents that have completed a final DOE review shall be made available to the ors upon request; however, DOE shall only provide access to view but not to copy or retain materials that are in preparation, if such access is specifically requested by the .

ors. Records or documents may not be authorized as available by contractor staff.

3.0 Sample Access, and Sample and Data Collection by NMSS and Contractor Staff Written requests from NMSS for collection of samples or field data will be reviewed for acceptance by YMSCO to ensure that the collection will not compromise site characterization and related activities, that procedures have been established for the collection of the sample (s) or data and provided that such requests do not unreasonably interfere with site characterization and related activities. Once a request has been accepted, YMSCO will arrange for timely collection of the sample (s) or data according to applicable YMSCO procedures, and prepare and ship the sample (s) or transmit the data. If collection and/or transport of the sample (s) or collection and/or transmittal of the data will be delayed, YMSCO will notify NMSS of the proposed schedule for collection and delivery.

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If samples must be collected by NMSS or contractor staff, NMSS or contractor staff will follow '

applicable YMSCO, DOE Nevada Operations Office, and Nellis Air Force Base procedures and .

fulfill specified training requirements for access to the sample site (s), including surface and ,

underground access control, site security, radiological safety, personnel safety, and protection of wildlife and the environment. For example, if samples or data are to be collected by NMSS or contractor staff, the NMSS and contractor staff will use YMSCO=s sample acquisition and  ;

handling procedures to obtain samples acquired as part of the site characterization program.

Requests will be made in writing for samples for which no process of acquisition has been identified in a YMSCO procedure. YMSCO will review the request with NMSS staff to ensure .

l that the location of the sample or the amount of sample material does not adversely impact the l l needs of the site characterization program. If no adverse impacts are identified YMSCO will i

arrange for the NRC to receive or collect the requested materials. NMSS will request, through the YMSCO Project Manager, use of DOE rights-of-way for access to sample collection sites i and will comply with the land access and environmental protection requirements. l

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J. Russell Dyer, Project Manager Date l Yucca Mountain Site Characterization Office Office of Civilian Radioactive Waste Management U.S. Department of Energy l 0NAL -w_ //2//9 9

[ John T. Greeves, Director Date '

l Division of Waste Management Office of Nuclear Material Safety and Safeguards U.S. Nuclear Regulatory Commission l

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APPENDIX 2 - OWAST [ RESERVED)

This appendix is reserved for any future agreement applying to communications between the

' Department of Energy (DOE) Office of Civilian Radioactive Waste Management (OCRWM) and the Nuclear Regulatory Commission (NRC) Office of Nuclear Material Safety and Safeguards (NMSS) related to spent fuel storage or transportation authorized under the Nuclear Waste Policy l

Act (NWPA) and any future amendments to the NWPA. Such an agreement will become effective upon an exchange ofletters between the parties agreeing to adopt this agreement for such activities.

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l APPENDIX 3 - OTHER DOE PROGRAM OFFICES [ RESERVED) l APPENDIX 4'- NRC POLICY STATEMENT: STAFF MEETINGS OPEN TO THE PUBLIC i

APPENDIX 5 - RESERVED l

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. APPENDIX 6 - RESERVED i

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APPENDIX 7 AGREEMENT CONCERNING THE NUCLEAR REGULATORY COMMISSION ON-SITE REPRESENTATIVES FOR THE REPOSITORY PROJECT PRIOR TO LICENSING The purpose and objective of the on-site representative (OR)is to serve as a point of prompt informational exchange and consultation, to preliminarily identify concerns about investigations relating to potential licensing issues, and to serve as a point of contact for informal communications between NMSS and YMSCO.

l This appendix is intended to supplement the base agreement and to detail the guidelines which will govern communication between the NRC OR, including any NRC personnel assigned to the OR, and DOE and its contractor personnel (prime and sub) through the project's Assistant Manager l for Licensing. Any communications between the OR and DOE, its contractors, or subcontractors identified in this appendix will not constitute interactions within the intent of Section 3 of the base agreement and will not require the preparation of written reports or meeting summaries. These l

meetings are intended to be focused discussions of technical topics on site characterization and  !

related activities. At the discretion of DOE and NRC, external parties may be notified and invited to observe OR meetings and field trips subject to identification requirements and compliance with applicable access control measures for security, radiological protection, and personnel safety.

Communication between the OR and DOE and its contractors and subcontractors are not intended to interfere with or replace other channels of NRC/ DOE communications and procedures for information release identified in the base agreement and Appendix 1.

The following points are agreed to:

1. T he OR can attend any meetings on-site or off-site dealing with technical questions or issues related to prelicensing work following notification of the cognizant DOE project representative responsible for the meeting as discussed below. Such notification shall be by memorandum, telephone or personal contact and will be given at least 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> in advance where DOE has provided adequate prior notification to the OR. The meetings may involve solely DOE or solely DOE's contractors (prime and sub), or any combination of DOE with their contractors.

If objections to the OR attendance are voiced for any reason, the reason should be specified.

Such objections will be infrequent and will be exceptions to the rule. If the OR does not agree with DOE objections, it will be raised to a higher management level for resolution. If resolution cannot be achieved, the OR will not attend the meeting in question.

2. The OR may communicate orally (in person or by phone) with persons employed by DOE, DOE's prime contractors or the prime's subcontractor, (on-site or off-site), providing that the following procedures are followed. If practicable, the OR will arrange for all individual sessions with prime contractor and subcontractor staff by contacting the YMSCO point of contact, or designee. If they cannot be contacted, the OR will attempt to contact the proper l

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prime contractor, section, or department manager. As a minimum, the OR will give timely -

notification of all such sessions to DOE and the affected contractor or participant (s) management as soon as possible. The OR will avoid discussions with personnel when it would appear to disrupt imponant duties and will seek to schedule meetings at a mutually convenient time. It is at the option of DOE,in consultation with participant management, as to whether or not a staff member, supervisor, or third pany is to be present. No record of such discussions is required; however, questions that are raised or other issues that arise as a result of these interactions will be reported by the participant to the YMSCO point of contact, or designee.

When NRC headquarters or contractor staff is temporarily assigned to the OR office, the NRC Chief, Performance Assessment and HLW Integration Branch, or designee, will notify DOE's Assistant Manager for Licensing of the assignment at least one week prior to the assignment.

3. The DOE project office, DOE prime contractors, and their subcontractors will provide the OR access to records which would be generally

• relevant to a potential licensing decision by the Commission as follows. Upon request by the OR, DOE or the DOE contractor or subcontractor shall provide: 1) copies of any records of data; 2) records which document the analyses, evaluations, or reduction of data; or 3) records which contain information deduced by reason. These records will be made available to the OR, after the documentation has been reviewed and approved in accordance with the appropriate project office administrative procedure. Records that have not been reviewed and approved by the project office shall be made available for viewing, but not to copy or to retain, at any stage of completion. Requests by the OR for release of such records shall be made through and authorized by the YMSCO point of contact, or designee.

4. Copies of pre-decisional and preliminary drafts of documents required by the Nuclear Waste Policy Act of 1982 as amended, or related to prelicensing activities, which have not been approved by DOE, will not be provided to the OR without DOE approval. Documents of this type may be made available by authorized DOE personnel, for review in DOE or DOE contractor offices. Such documents may not be authorized as available by a DOE contractor alone. Any such documents made available are for the use of the OR and shall not be placed in any NRC public document room.

5. The OR does not have the authority to direct DOE,its contractors or subcontractors to perform any work nor does the OR have stop work authority. Any formal identification of questions or issues for investigation by DOE that could result in contractor or subcontractor work must be formally presented to DOE through the NRC Chief, Performance Assessment and HLW Integration Branch in writing.

6. The OR will attend on-site meetings upon request by the DOE project office or prime contractor on-site whenever possible. The OR will provide any records which would normally be available under 10 CFR Part 2.790 of the Commission's regulations to project panicipants upon request to copy. If convenient, copies of such records will be provided by the OR.

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7. The OR shall be afforded access to the site, research facilities, and other contractor and subcontractor areas to observe testing or other data gathering activities, in progress, as part of ;

site characterization and related activities subject to compliance with the applicable

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requirements for identification, and applicable access control measures for security, radiological protection and personnel safety, provided that such access shall not interfere with j the activities being conducted by DOE or its contractors and that any discussions conducted during such access shall comply with Point 2 above.

Such access shall be allowed as rapidly as it is for DOE or DOE contractor employees upon  !

display of an appropriate access identification badge, or, if badging is not possible for national i security reasons, upon prior notification to DOE or cognizant contractor supervisory personnel l (by memorandum, telephone, or personal contact). When an access identification badge is available to DOE or DOE's contractors and subcontractors on a routine basis, it shall be made available to the OR upon completion of the required security clearances and appropriate radiological and personnel safety training. DOE will ensure that any training required is provided to the OR.

8. NRC can videotape or photograp'a any inanimate objects or geologic features associated with site characterization and related activities at the Yucca Mountain Site consistent with Nevada Test Site security. Additionally, upon request from the OR, DOE will provide NRC videotape footage of personnel performing site characterization and related activities. If requested, the OR and other NRC staff will be permitted to accompany DOE during the videotaping.

l 9. DOE YMSCO may provide, to the NRC OR, the information required to execute DOE i

responsibilities under Appendix 7 of this agreement by informal note, by telephone, or by

personal contact. Such communications shall adhere to the procedures for communication l and information release specified elsewhere in this agreement. l l

10. Meetings and field trips conducted as described in this section are not to be considered as opportunities to establish or alter regulatory positions or commitments. No agendas, minutes,  ;

or records of these meetings or field trips are required. Matters that arise may be (1) reported I l to YMSCO management by the ors or other NRC representatives assigned to the OR's l office through the 'YMSCO points of contact, or designees, or (2) discussed in internal l meeting summaries prepared for each organization's management. '

11. Prior notification of external parties, including State, affected units of local government, any  !

affected Indian Tribes, or the general public, is not required for field trips or meetings under this Appendix. At the discretion of DOE and NRC, external parties may be notified and invited to observe OR meetings and field trips subject to identification requirements and compliance with applicable access control measures for security, radiological protection, and personnel safety.

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12. NMSS may station on-site representatives at any OCRWM project office or work site to serve i as points of prompt information exchange and consultation. At such time as the NRC ors are i stationed at the site, they are to be provided with office space that is near the DOE project i office and site activities. .,

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

. 1 48340 Federal Register / Vol. 59. No.181 / Tuesday. September 20, 1994 / Notices l

Notice of Consideration of1:;suance of Advisory Committee on Reactor Da ted: September 14.1994, this amendment was published in the l Tederal Register on November 10.1993 Safeguards Subcommittee' Meeting on Sam Duralswamy.

Planning and Procedures; Notice of (58 FR 59757). Meeting Chief.Nucleer/teoctors amnch.

The purpose of the licensee's IFR Doc. 94-23204 Filed 9-19-94: 8:45 aml amendment request was to revise the anuwa coes neo45 a The ACRS Subcommittee on Planning Technical Specifications (TS) to remove and Procedures will hold a meeting on the fire protection special reporting October 5.1994. Room T-2E13.11545 requirements. Staff Meetings Open to the Public; Rockville Pike. Rockville. Maryland. Final Policy Statement The NRC staff has concluded that the The entire meeting will be open to licensce's request car not be granted. public attendance, with the exception of AGENCY: Nuclear Regulatory The licensee was notified of the a portion that msy be closed pursuant Commission.

Cor insission's denial of the proposed change by a letter drited October 20 to 5 U.S.C. 552b(c) (2) and (61 to discuss ACTtON: Final policy statement.

or>;anizational and personnel matters 1994, the licensee may demand a that relate solely to internal personne!

hearing with respect to the denial- SbMMARY:This statement presents the rules and practices of ACRS, and policy that the Nuclear Regulatory described above. Any person whose matters the relea e of which would Commission (NRC) staff will follow in interest may be affected by this represent a clearly unwarranted opening meetings between the NRC staff proceeding may file a written petition invasion of personal privacy, I

for leave to intervene. and one or more outside persons to The agenda for the subject meeting Public observation.This policy A request for hearing or petition for shall be as follows: Wednesdoy. Oc1ober statement also announces central agmy leave to intervene must be filed with the S.199&-2:00 p.m. until the conclusion

• Secretary of the Commissiern U.S.

ofbusiness. ,'f,'}* *',*hj* ';f g }*fIf,'ff Nuclear Regulatory Commission. meetings that am open to public:

Washington. D.C. 20555. Attention: The Subcommittee will discuss proposed ACRS activities and related ettendance. Implementin guidanc.o will Docketmg and Services Dranch.

be delivered to th" Commission,or may be issued to the NRC staffas a s Pubhc matters. Also. at will discuss management directive. The policy Document Room. the Gelman Duilding, qualifications of candidate nominated statement relates only to meetings 212 L Str t NW.. Washington, D C. by for appointment to the ACRS. The involving the NRC staff and does not

' V8 ' 8- purpose of this meeting is to gather affect existing regulations that apply to  ;

A copy of any petitions should also be information, analyze relevant issues and public attendance at meetings such as i facts, and to formulate proposed sent to the Offire of the General Commission meetings, advisory Counsel. U.S. Nuc! car Regulatory positions and actions, as appropriate, committee meetings, and enfortement

• I55 " for deliberation by the full Cnmmittee, conferences.

hington D.C.. 55

,3 0k Oral statements may be presented by EFFECTIVE DATE: November 1.1994.

Tennessee Valley Authority.400 West members of the pubhc with the .

1. ' '*""#" ADDRESSES: Management Directive 3.5 Summit liill Drive. ET 1111. Knoxville. "?"*"'

Tennessee 37902, attorney fur the Chairman: written statements wn!! be and copics of comments received on the I licensee. 8CCcPted and made available to the proposed policy statement are available l for inspection at the NRC Public for further details with respect to this Committee. Electronic recordings will action. see (1) the application for be permitted only during those portions Document Room. 2120 L St.. NW.

amendment dated September 28,1993. of the meeting that are open to the (L wer Level). Washington.DC.

and (2) the Commission's letter to th" public, and questions may be asked only FOR FURTHER INFORMATION CONTACT

• I licensee dated by members of the Subcommittee.its Donnie H. Crimsley. Office of '

consultants, and staff. Persors desiring Administratien. U.S. Nuclear Regulatory These documents are available for to make oral statements should notify i public inspection at the Coms..ission's Commission. Washington. D.C. 20555-the cognizant ACRS staff person named 0001, telephone: (301) 504-1881. )

Public Document Ror,m. the Gelman Duilding 2120 L Street NW., below five days prior to the meeting. lf possible, so that appropriate SUPPLEMENTARY INFORMATION:

Washington, D.C..and at the arranFements can bo made. I. Background ChattanooEa.llamilton County Library.

2001 firoad Street Chattanooga, Further information regarding topics to be discussed, the scheduling of The NRC first published its olicy for Tennessee 37402. A copy ofitem (2) open staff mootings in the Fed ral may be obtained upon request sessions open it, the public, whether the meeting has been cancelled or Register on June 28.1978 (43 FR 28058).

addressed to the U.S. Nuclear On September 14.1993 (58 FR 48080),

Regulatory Commission. Washington. reschedulod, the Chairman *: ruling on the NRC published for public comment D.C.,20555. Attention: Document requests for the opportimity to present a proposed policy statement entitled I

Control Desk. oral statements, and the timo allotted

" Staff Meetings Open to the Public"in therefor can be obtained by contacting the Federal Register that would l Dated at Rockvitic. At tryland, this 13 day the cognizant ACRS staff persnn.Dr. supersodo the policy statement of 1978 l of SePiember 1994.

John T. Larkins (telephone

301/415- (58 FR 48080). The NRC rnquested For the Nuclear Regulatory Commienlon.

C,usC.1.alnaa. 73GO) botwenn 7:30 a.m. and 4:15 p m. comments on the proposed policy I (EST). Persons planning to attend this Assistent Detectorfor Region flRewetors. meeting are urEed to contact the above statement and on comments submitted Dirkion o/Rcoetor l'rojects-ull. Offere of previously by the American Mining NuclectReactorRegulation.

named individual five days before the Congress that were made in nsponse to j scheduled meeting to be adrised of any an interim NRC policy statement similst (FR Doc. 94-23206 Filed 9-19-94: a:45 aml i

suses coor psea.et-as changes in schedule, etc., that may havo to the policy statement that was occurmd. proposed h

t

! vyoase tSSEP44 tS2s lep11.19ta .httSoes? POOoooo Fem 000Ss Fant d7c3 $t487o3 EVRF8dP?osE3 pts nropet em I

l

Federal Register / Vol. 59. No.181 / Tuesday. September 20, '1994 / Notices 48341

!!. Summary of Public Comments on the found that meetings open to the public Proposed Policy Statement and NRC suggested that the type ofindividuals Respons-s under the 1978 policy statement or attending a meeting should be a General Cornments under the 1992 Interim Policy Statement determinant of whether the meeting is ~

havn substantially interfered with the open to the public. One commenter in late 1993, the NRC received 13 NRC staffs ability 1o accomplish its suggested limiting public meetings to letters with comments on the proposed meeting goals or that the presence of those where a decision maker was policy statement on " Staff Meetings public observers adversely affected its attending. Other commenters suggested Open to the Public." These comments ability to communicate openly with limiting public meetings only to those were from the following organizations: licensees and other participants. Even where technical staff were in attendance the American Mining Congress: two law though the NRC recognizes that having or where only a project manager and meetings open to public observation firms. Winston & Strawn and Newman one or more license representatives

& lloltzinger. P.C.: and seven utilities. exposes the participants to the risk that information may be misunderstood or were present. The NRC strongly believes including Texas Electric. Yankee that the subject matter of the meeting. or Atomic Electric Company, misconstrued. the NRC has not, in its the administrative burden of opening Commonwealth Edison Company, many years of public meetings, found the meeting. rather than the type of Florida Power Corporation. Georgia that risk to be of sufficient concern to participant in attendance, should be the Power Company. Virginia Electric and outweigh the public confidence gained determining criterion for deciding if a Power Company, and Southern Nuclear in the NRC's regulatory programs that meeting should be considered open for Operating Company: the Nuclear comes from public observation of NRC public observation.

Management and Resources Council, the staff meetings with outsido persons. One commenter expressed concern State of New Jersey Department of P liCY E XPonss,on that the policy does not apply to state Environmental Protection and Energy. and local governments. including and Ohio Citizens for Responsible Several commenters viewed the agreement states. The policy statement Energy. Inc. (OCRE). Two of these presumption that all staff meetings are open for public observation unless they does apply to those entitles as provided commenters. Ger egia Power Company fallinto one of the exemptions detailed for in Section C.I. of the policy and Virginia Elo:tric and Power statement.

in the proposed policy statement as Company. end 3rsed the comments of A commenter suggested language be the Nuclear N magement and Resources representing a significant extension of Council. the agency policy on open staff meetinEs meetings.between included theto establish NRC staff and a presumption Two commenters endorsed the over that published in the 1978 policy outside parties be open. The NRC statement. They also argue that the proposed policy statement. The other believes its policy statement clearly commenters either objected to the extension adds little to existing announces a policy of openness and proposed policy statement or expressedThe opportunities fut public participation. establishes only a limited number of NRC ogrees that the proposed necessary exemptions. The NRC their preference for retaining the 1978 policy statement would result in more policy statement. Several endorsed the believes the policy statement provides meetings being open to the public than sencral concept of opening staff meaningful opportunities for the public meetings. Most offered suggestions for would have been under the 1978 policy to be informed of NRC activities without improving the proposed policy statement. The 1978 policy covered only unduly affecting open and candid meetings between the NRC and parties statement should it be adopted by the discussions between licensees and the Commission.

to proceedings. The proposed policy NRC staff or interfering with the NRC statement renects NRC's longstanding Import on the Quohry of Pubh.c practice of providing the public with theand staffs ability to exercise its regulatory safety responsibilities without

^ '"'" P fullest information practicable on its undue administrative burden.

activities and of conducting businet,s in Other commenters suggested that the The principal concern expressed was that having the public present during an open manner. Evolving agency definition of a public meeting practice since 1978 has resulted in meetings with the NRC staff would have specifically exclude all meetings other an ndverse impact on the quality of additional types of meetings being open than " face to face meetings." that is, those meetings. Several commenters to the public that are not covered by the exclude meetings using electronic 1978 policy statement. These include indicated that the presence of the public meetin communications, such as telephone at meetings with the NRC staff would issues.'gs with licensees on technical conference calls or teleconferencing.

unnecessarily complicate NRC and with licensee senior maaagement The NRC agrees that the definition of a on Systematic Assessment of Licensee Public meeting is not intended to licensee discussions, would adversely effect the candor of those discussions Performance reparts, and with licensees include conversations using electrom,e on exit meetings for special team communications and has modified the (because the public would likely misunderstand and misconstrue the inspections or by accident investigation definition to clarify that rnectings and diagnostic evaluation teams. In covered by this policy statement are content of conversations), and would geacrally have an adverse effect on open nddition. NRC has open meetings those where participants are physically with trade organizations and with public present at a single meeting site, communications batween the NRC and interest groups mgarding policy and licensecs, One commenter suggested that the

' The NRC hns been cimducting public techulcalissues and the agency's (!clinition of a public meeting bo !!mited meetings for nearly 15 years under the regula:ory responsibil! ties. The policy to one in which public interest has been statement codifies current practico by expressnd or where the NRC has rosson 1978 policy statement. Since September establishing uniform guidelines for theto believe thero is substantial public 1993. the Office of Nuclear Renctor staff.

Regulation. the Office for Analysis and intorest.The use of this type of criterion Evaluntion of Operstionn! Datn. and the Definits.on of a Public Afectin# would require that the NRC ludge what regional offices have operated under an is of significant interest to a wide range Several commenters offered of Eroups that have varied intorests. The interim policy similar to the proposed policy sinicmont. The NRC has not suggestions for refining the definition of NRC does not presume to judEe for these "public meeting." Several commenters va*ied groups what mootings they may v os,i>r4P44 ists s., ts. tem siisorst Po como a-ooon rne am svae e r <=memn -"

"WN 48342 Federal Register / Vol. 59. No.181 / Tuesday. Septemlyr20, 1994 / Notices consider to be of significant interest.

The NRC believes that 11 is the or licensee performance would normally performance ofitr safety and reFulatory be open because they may lead to a responsibilities and exemption "h" has responsibility of members of the public. specific regulatory decision or action.

not the NRC, to decide if they are been broadened to specifically exclude liowever, should a meeting involving a meetings held as an integral pn of an interested in attending a staff meeting. general information exchango be closed Several commenters suggested that NRC inspection.

and should discussions during such a One commenter interpreted the the public's role at open staff meetings be c!carly limited to that of observers. meeting approach issues that might lead provision in exempCon 1"in the policy to a specific regulatory decision or statement as a meant, to exempt The preamble of the proposed policy action, the NRC staff may advise the statement clearly states that staff meetings convened to solve potential meeting attendees that such matters problems, such as reclamation proposals meetings open to the public would be open only to observation. liowever,in cannot be discussed in a closed rnecting or enforcement matters. Tha NRC does response to this concern. the NRC has and propose discussing the issues in a not agree with this interpretation. The future open meeting." exemption addresses meetings that amended the definition of a public Several commenters suggested that meeting to include the phrase. "open to the policy statement contain additional could result in the inappropriate public observation." disclosure and dissemination of

• Several commenters suggested that specific exemptions for closing a " preliminary, unverified information."

meeting. For example, one commenter The purpose of this exemption is not to the policy statement include specific suggested closing meetings that are ways to limit public participation. such close all meetings for which preliminary as permitting members of the public to administrative in nature, that are held to information, proposals, or concems are discuss scheduling or constraints ask questions only at the conclusion of discussed, but to specifically ensure that a meeting or requiring them to submit associated with licensee actions. or that are held to review material submitted to agency licensees and applicants will not written comments or questions. The the NRC by licensees. The NRC believes be inhibited in bringing preliminary, policy statement is not intended to unverified information Io the attention that these types of meetings will be of the NRC.

address the role of the public beyond exempt to the extent the definition of a thai of observati;n. Ilowever, the NRC The NRC staff believes that this public meeting encompasses only reasoning applies to another commenter recognizes that some meetings open meetings where substantive issues are who believes that meetings between the under the pulley statement may warrant discussed. Also, exemption "g" as staff and licensecs, where technical a greater degree of pubbe participation.

if participation beyond that of rewritten covers those types ofincetings issues or approaches to emerging issues because they are held only for the are discussed, should also be classified observation is allowed for a particular exchange of information.

meeting, a description of the degree of as " preliminary"in nature and not open Several commenters suggested closing to the public.

participation will be specified ahen the meetings for the exchange of meeting is announced and at the outset preliminary, unverified in formation; g g of the meeting by the senior NRC official meetings held within a licensco's participating in the meeting. Several commenters raised issues protected areas; and meetings between regarding arrangements for public One commenter asked that NRC NRC Pesident inspectors and licensees.

prohibit members of the public from meetings. One recommended that public The NRC belieses that these types of recording and transcription of meetings interrupting meetings to pursue a meetings are already exempted by the be prohibited. The NRC does not believe personal agenda or raise public policy policy statement in that the first type it should limit public attendees when issoca. The NRC recognizes the concern would be closed under exemption "f." they want to record or transcribe outside persons may have regarding this and second and third types would be possibility. As above. the NRC staff will closed under exemption "h." proceedings which they have a right to indicate the ground rules for a public attend. This type of a prohibition would One commenter suggested that meeting at the beginning of a meeting be difficult to enforce and would exemptions "f.""g." and "h" need to be infringe upon an established practice of and adhere to those rules throughout the refined to preserve NRC's flexibility to media representstives and others who meeting. carry out its health and safety The suggestion that the term routinely record public proceedings for responsibilities without being unduly their convenience and subsequent use.

" encounter"in the definition of a public inhibited by the expanded openness One commenter suggested that meeting be changed to " meeting" was policy. Another commenter believed rejected. Had this suggestion been "outside parties" be consulted before these exemptions were too broad. NRC accepted, the definition would have announcing a meeting open to public believes exemption "f"is sufficiently observation because they rnay wish to read."A public rnecting is a formal focused to be cicarly interpreted, meeting. * * '" phrasing that does not submit proprietary, personal, or other Exemptions "g" and "h" have been enmply with the logical terms of a confidential information prior to the refined and the NRC believes that the meeting. Another suggested that the definition. policy statement has sufficient flexibility to ensure that NRC meets its NRC staff inform the "outside parties" Exernprions if a meeting will be a public meeting.

safety and regulatory responsibilities.

In reviewing the comments regarding Tbc policy statement clearly enunciates This is the current NRC practice:

however, the NRC willinclude s the exemptions and scope of the policy this flexibility in stating. "[tlhls policy provision in its implementing atelement, the NRC staff mcognizes that is a matter of NRC discretion and may exemption "g" should be clarified. The ho departed from as NRC convenience management directive emphasizing that phrasn. "Is a general information and necessity may dictate." The the NRC staff should rnake outside uchango" has been added to ihe persons aware when a meeting will be commenter specifically requested that ixemption. Furthermore, guidance has a public meeting. This practice will seen provided to the staff at the end of the term "substantially" be deleted from abow the outside persons to raise icction C.2 as follows:"Also note that exemption "h." The NRC agrees because concerns regarding confidential the NRC will not open a meeting if the nectings between staff and licensecs or information before a rnecting.

NRC staff believes the administrative Several commenters expressed the  !

rida groups o discuss anchnicalissues burden willinterfere with the officient  !

concern that essential or urgent vn mm * ~ * * ~ ~

6 Federal Register / Vol. 59. No.181 / Tuesday September 20. 1994 / Notices 48343

!* meetings would not be scheduled l conferences. Another commenter promptly enough because of the need to suggested that the policy statement NRC Office of Nuclear Reactor provide " ten days advanced notice." Regulation, the Office for Analysis and This provision is intended to ensure should be limited to a period necessary Evaluation of Operational Data, and the to determine if there is sufficient NRC regional offices. The AMC stated that when the NRC staff deems that a interest to justify the expense of opening meeting should be a public meeting routine meetings to the public. The NRC that the proposed policy was generally there is sufficient time to provide responsive to its concerns. AMC's believes that its long. term experience l adequate public notice of the meeting. additional comments and the concerns When a meeting is deemed essential and with open meetings justifies opening of other commenters who referenced adequate public notice cannot be staff meetings and that this practice has AMC's concerns are addressed in the resulted in significant benefits to the previded. exemption "h"of the policy preceding analysis of comments in public. Thus the NRC does not believe I

statement would apply because Section  !! of this document.

an trying particular to its policy should be limited for any provide notice would constitute period of time.

111. Discussion of the Pob.ey administrative burden that could co3r, interfere with the NRC staffs efficient The purpose of revising the open l

execution ofits safety and regulatory Several commenters expressed meeting policy is to further the goal of responsibilities: however. limited notice concern regarding expenditures that providing meaningful opportunities for would still be provided using available would be required by the NRC and the public to be informed of NRC telephone and electronic bulletin board licensees to accommodate pubhc activities without undul systems. observation of meetings. Tw and candid discussionstween baffecting open 1

Another commenter noted that its commenters expressed concern that licensees and the NRC staff or l expenence has been that some past additional expenditures would be interfering with the NRC staffs ability to l pubhc meetings noticed in the Federal exercise its regulatory and safety i

Reg,ister were pul1ished on the day of incurred without commensurat? responsibilities without undue the meeting or 3published so close to the benefits: for example, that pubhc administrative burden. The policy also meetings may be held with no pubh,c date of the meeting that public provides guidance to the NRC staff attendance. Should this happen, these attendance was impossibic. The NRC concerning the types of meetings that commenters suggested that these types recognizes that delays may occur of meetings be added as exemptions should be open to public observation.

l because of the requirement to publish a because no pubhc interest in them The o en meetir.g oficy is a matter of notice of the meetmg in the Federal NRC scretion an may be depaned would have been demonstrated. Others Rega, ter. Camsequently. the NRC did not believed that the proposal should be from as NRC convenience and necessity adopt publiention in the Federal maYdictete' abandoned becauseit would affect fee Register as the principal mechanism for assessments under the agency's 100 The open meeting policy excludes announcing public staff meetings. The percent user fee policy, resulting in n mI"8.s where the expressed intent is NRC will announce public meetings net loss in regulatory effectiveness and n t to discuss substantive issues that are through a toll. free telephone recording, wi;h no public benefit. The NRC does directly associated with NRC s a toll. free electronic bulletin board, not anvision more than a nominal regulatory and safety responsibilities.

weekly distribution of pubFc rnceting in use in expenditures because the Meetings that would not need to be announcements to the Press, and by meetings in question will be held with open could include training.

posting meeting announcements in'the or without public attendance, and are c nferences, and association meetings NRC Public Document Room. usually held at NRC facilities and where both NRC staff and applicant /

One commenter suggested that meetings at licensee facilities are licensee officials participate. The open minutes of closed meetings be prepared normally held in a facility readily rnceting pobey also excludes inectings when substantive regulatory issues are accessibic to the public. NRC's costs raised in a closed meeting or when or interviews between NRC staff and associated with operating the toll. free licensee staff or management personnel minutes of the closed meeting can be telephone line and the public. access that occur during the perfarrnance of an prepared and released ta the public. The electronic bulletin board are minimal NRC inspection. The policy also NRC recognizes that closed meetings and. tu a great extent, offset by C*cludes meetings the NRC staff has may involve discussions regarding consolidating several current rnceting with its own employees contractors, sub'stantive regulatory matters, such as notice telephone systems into one. Press and consultants, other Federal agencies those involving preliminary. unverified notices of public meetings will be where the matter does not relate to a information: meetings may'also be included in the agency's Weekly Press specific activity for which NRC has closed because of the administrative Release Compilation. Concerns related oversight, and with representatives of burden of opening the meeting for io fee assesrments are routinely foreign governments and State and local public observation. The NRC does not addressed as part of rulemnLings for 10 representatives on matters other than believe it is necessary to renuire in the CFR Parts 170 and 171. In February policy statement the preparation of those relating Io specific NRC licensing

( 1994. the NRC issued the " Report to the or regulatory actions involving l meeting m'nutes meetings. Ilowever.orcurrent summaries NRC of closed Congress on the U.S. Nuclear Regulatory individual NRC licensees.

Commission's 1.icensee Policy Review Exemptions to the policy will permit pecctice, when appropriate. is to make i Required by the Energy Policy Act of meetings to be closed to ensure that publicly available summaries of non.

1992" that addressns concerns raised classified, commercial or financial public meetings.This practice will regarding the NRC licensee fee policy.

i continue- Proprietary. safeguards, personal 4

Arnericon Afinm.g Congress Comments Prtvacy, and investigative irdormatiun

{ Dumtion of Policy protected by statute or othr,rwise i The NRC invited pub!!c comment on requiring protection la no. disclosed to One commenter suggested that any concerns that had been submitted by the ions are revised policy adopted by the NRC Im the public. Other 1 Hmited to a two. year trial basis similar American Mining Congress (AMCI on provided to ensure that texemp'he NRC staff the September 1992. Interim Policy has sufficient flexibility to efficiently to that approved for open enforcement Guidance that had been used by the carry out its responsibilities.

Veroste tS5fP44 IS24 Sep ts. tted .ht tacrSr Pocoowo remecent Fre sno sme ares toruppovs pf e onnn 4

48344 Federal Register / Vol. 59. No.181 / Tuesday, September 20. 1994 / Notices .

A meeting to discuss preliminary, purposes other than meeting with unverified information is not an open b. Under contract to the NRC:

licensee officials. These purposes may c. Acting in an official capacity as a meeting under the policy. The purpose of this exemption is to ensure that include but are not limited to monitoring and assessing the consultant to the NRC:

licensees and applicants are not d. Acting in an official capacity as a inhibited in bringing to the Commission performance of NRC subordinates. representative of an agency of the information that is not verified or touring the facility, or independently executive. legislative. or judicial sufDciently analyzed to draw firm assessing licensee performance. During such a trip. he or she may visit licensee branch of the U.S. Covernment conclusions. It also ensures that (except when the agency is subject to discussions about potentialimplications officials and may discuss substantive NRC regulatory oversight):

of this type ofinformation occur regulatory issues with them. Opening

e. Acting in an official capacity as a candidly and openly without fear that it such a meeting to the public would representative of a foreign may be misunderstood by the public as constitute en undue administrative government; burden and could impede the efficient fact or as final conclusions. f. Acting in an official capacity as a A meeting that is an information, executions of the NRC's safety and regulatory responsibilities. representative of a State or local exchange having no direct. substantive ,

The public meeting notice system Sovernment (except when specific connection to a specific NRC decision or NRC licensing or regulatory matters action is not an open meeting under this planned for providing public notice of are discussed).

policy. The purpose of this exemption is all NRC staff meetings open to the to ensure that routine administrative public will have a toll free telephone CA PPlicabilityandExemptions matters relating to regulatory activitics recording and a public access electronic

1. This poli a lies solely to NRC can be carried out efficiently. For bulletin board for announcing meeting staff sponsore7an7 conducted meetin example. drop.in visits or similar notice information. Open staff meetings and not to meetings conducted by management meetings between senior will also be announced by a weekly press release as well es being posted in outsido entitles that NRC staff members executives of a utility licensed to operate a nuclear power plant and the the agency's Public Document Room, as might attend and participate in. It does is the current practice. not apply to the Commission or offices that report directly to the Commission.

a A in i istr t 5 r ther senior IV. Commission Policy Statement on Similarly. it does not apply to meetings NRC managers are generally closed Staff Meetings Open to the Public between the NRC staff and meetings because they typically consist P of a general exchange ofinfortriation not 3. putpose

• E"""

including Agreement State directly related to any regulatory action This statement presents the policy representatives. relating to NRC or decision. Furthermore. meetings to that the Nuclear Regulatory Commission Agreement State activities or to State discuss schedules for NRC octions. o (NRC) staff will follow in opening regulatory actions or to other matters of the status of an applicanti or licensee's meetings between the NRC staff and one general interest to the State or to the activities would not be open under this or more outside persons to public exemption. Meetings hetween staff and Commission that is. matters other than observation. The pulicy continues specific NRC licensing or regulatory licensees or trade groups to discuss NRC's longstanding practice of actions involving specific licensees.

icchnical issues or licensee performance Providing the public with the fullest would normally be open under this Also, the policy is not intended to apply information practicable on its activities to or supersede any existing law. rule, provision because they may lead to md of conducting business in an open or regulation that addresses pubhc specific reI'ulatory action. saanner while balancing the need for attendance at a specific type of meeting.

The fina exemption is for rncetings the NRC staff 1o exercise its regulatory where the administrative burden For example.10 CFR Part 7 specifically and safety responsibilities without addresses public attendance at advisory associated with public attendance could umtue administrative burden. This committee meetings: and to CFR Part 9 interfere with the NRC staff's efficient polic y also announces central agency Subpart C. addresses public attendance execution ofits safetv and regulatory services available to the public for at Commission meetings. The policy responsibilitics. This' exemption ensures obtaining schedules for the staff also does not negate existing that the NRC staff has the discretion to meetings that are open to public have a needed meeting on short notice Memoranda of Understanding, attendance. Implementing guidance will Procedural agreements, or other formal where adequate public notice cannot be be issued to the NRC staff as a provided without placing an undue agreements or requirements reEarding management directive. This meeting the accessibility of the public to observe burden on the agency. The meeting policy is a matter of NRC discretion and of Participato in rnectings between NRC could be necessary because of an urgent may be dc;.orted from as NRC issue that needs aiidressing or where the and its licensees or any other entities. In opportunity becomes available on short convenienco and necessity rnay dictate. addition, the policy does not apply to notice to meet with an official of the E @"M, ^ meetings involving enforcement matters applicant or licensco that woubt benefit under 10 CFR Part 2. Appendix C nor A public meeting is a planned. formal to settlement conferences.

the NRC staff person in carrying out his encounter ope 1 to public observation

2. In general. meetings between the or her duties. The meeting also might be between one os more NRC staff members NRC staff and out in a location that does not have the and one or moro outside persons classified as public meetings unless the facilities to ensily accommodate the physically present at a single meeting NRC staff determines that the subject public. such as within a plant's site, with the expressed intent of protncted area, because these meetings matter to be discussed-discussing substentive issues that are would recluire an undue administrative a. ls specifically authorized by an burden to establish access authori::ction directly associated with the NRC's Executive Order to be kept secret in the for members of the public. For example. regulatory and sainty responsibilitics.

An outside person is any individual interests of national defense or foreign an NRC manager may visit a facility on who is not: policy (classified information) or short notice or without any notice for a. An NRC employec: specifically exempted from public disclosure by statute; v ce t> stem isrss.c ts. iew avisorst Poooooo remooos runos s ros t srerverm, mi

Federal Register / Vol. 59. No.181 / Tuesday. September 20. 1994 / Notices 48345

b. Contains trade secrets and 952-9074 and on a toll free electronic Copenhafer. Acting Director. Office of commercial or financial information bulletin board at 800-952-9676.

(proprictary information): Information Technology. Securities and

2. Meetings which are scheduled for Exchange Commission. 450 Fifth Street,

c. Contains safeguards information: the next 60 calendar days will be

d. Is of a personal nature where such N.W., Washington. D.C. 20549 and Desk anr.ounced to the public. Meeting Officer for the Securities and Exchange disclosure would constitute a clearly announcements will include the date.

unwarranted invasion of personal Commission. Office of Management and privacy: time, and location of the meeting. as Budget. Room 3208. New Executive well as its purpose the agency and Office Building. Washington. D.C.

c. Is related to a planned, ongoing. or outside organizations in attendance, and 20503.

completed investigation and/or contains the na:ne and telephone number of the Information compiled for law agency contact for the meeting. Dated: September 12.1994.

enforcement purposes: htarsaret II. McFarland, Information about canceled.

f. Could result in the inappropriate rescheduled,and open meetings DeputySecrcrory.

disclosure and dissemination of scheduled on short notice will be (FR Doc. 94-23227 Filed 9-19-94: 8:45 amt preliminary unverified information: updated daily or as needed by its **uwa coor som

g. Is a general information exchange posting at the agency Public Document having no direct. Substantive connection Rcom. on the telephone recording. and (Rataan No. 34.-34665; Fila No. SR-0TC-to a specific NRC regulatory decision or on the electronic bulletin board.

action: s447)

Dated at Rockville.MD.this 14th day of September 13.1994.

h. Indicates that the administrative September 1994.

burden associated with public For the Nuclear Regulatory Commission. Self Regulatory Organization; the attendance at the meeting could result in interfering with the NRC staff's John C. lloyle. Depository Trust Company; Order gyg 3,rrv. rosy nf she Cnrninission. Approving Proposed Rufe Change execution ofits safety and regulatory responsibilities. such as when the IFR Doc. 9423205 Filed 049-90 no aml Establishing the Stock Loan income-meeting is an integral part of the asuno coes naae Tracking System execution of the NRC inspection On May 6.1994. The Depository Trust propam. Company ("DTC") submitted a It is important to note that whether or SECURITIES AND EXCHANGE proposed rule change (Filo No. SR-not a meeting should be open for public COMMISSION DTC-944)7) to the Securities and attendence is dependent primarily on Exchange Commission (" Commission")

the subject matter to be discussed, not Request Under Review by Office of Ma agement and Budget pursuant to Section 10(b) of the who outside nor who within the NRC Securities Exchange Act of1934 staff in participating te g.. staff level Acting Agency Clearance Officer: ("Act").5 Notice of the proposal versus senior management). David T. Copenhafer. (202) 942--8800. appeared in the Federal Register on Also note that meetings between staff Upon written request copy available June 22.1994, to solicit comment from and licensees or trade groups to discuss from: Securities and Exchange interest persons.8 This order approves technical issues or licensee performance Commission. Office of Filing and the proposal.

would norreally be open because they Information Services. 450 5th Street.

may lead to e specific regulatory N.W.. Washington. D.C 20549. I. Description of the Proposal decision or action. Ilowever. should a

, , New Mutual Funds Prospectuses The purpose of the oposed rule meeting nvolving a generalinformation Telephone Survey-Fi e No. 270-394. chanEe is to establish e stock loan exchange he closed and should I"c Notice is hereby given that pursuant ch. ome tracking s stem that will discussions during such a meeting to the Paperwork Reduction Act of 1980 mmate the nee for participants to approach issues that might lead 1o a (44 U.S.C. 3501 et seg ), the Securities track income distributions on their specific regulainry decision or ac tion. and Eschange Commission securitics that are the subicci of the NRC staff may advise the meeting (" Commission") has submitted for OMD "" ko s u m nt attendres that such matters cannot be approval a request to execute a I bs , ,9 discussed m a closed meeting and telephone research survey. The survey identify stock loan related deliver orders propose discussing the issues in a future will attempt to assess the public s through the use of reason codes. Proper open meeting. understanding of mutual funds and allocation ofincome payments arising D. Notice to the Public "' "*"C I * *"" """'"".' from the securities that are the subject enable the Commission to better of theso loans curren'.ly rests entirely

1. Norrnally, meeting announcement understand the level ofinvestor with the lending and borrowing informatton is to be provided by the comprehension of mutual fund participants becauso DTC allocates staff to the agency s meeting prospectuses and financial issues. The income to partici ants to whom the announcement coordinator at least ten mutual fund cornprehension telephone securities are crokited on the relevant

days in advance of the date of the surwy is estimated to require a total of entitlement dato (f.e., the borrowing t

meeting so th .t adequate notico can be 16.66 burden hottrs. The burde,n hout participants). tending participants mado io the pubbc. per participant will bo .16 hours1.851852e-4 days <br />0.00444 hours <br />2.645503e-5 weeks <br />6.088e-6 months <br /> or to recover incomo that DTC has allocated Public notice wdl be provided minutes. to borrowing participants alther through through the Weekly Cmnpilation of Direct general comments to the Desk DTC's securities payment order scrvice Press Rehmus and post,ng m the NRC Officer for the Securities and Exchange or through some other mutually r. greed hud Commission at the address below. upon arrangement by the partic'. pants, 2120'Lquarter's Public Street (Lower Document Levell NW., Room. Direct anycomments conceniing the Washinston. DC. no public may obtain accuracy of the estimated average , ,, g3 ,,g g a schedulo of agency staff meetings on s Securtues T.acharge Act It6eese No. 3421e burden hours for compliance with the tiene ts, tml.se nt 22:52 mie No. sa-DTC+-

a toll.frvo telephone recording at 800- Commission rules and forms to David T. cil(notke of propo.ed rule cl anset

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