ML20204C667
| ML20204C667 | |
| Person / Time | |
|---|---|
| Issue date: | 08/18/1978 |
| From: | Eilperin S NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | |
| References | |
| SECY-78-455, NUDOCS 7811290276 | |
| Download: ML20204C667 (14) | |
Text
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COMMISSIONER ACTION 5ECY-78-455 August 18, 1978 For:
The Commissioners From:
Stephen F. Eilperin Acting General Counsel
~
Subject:
Commission Meetings on Administrative Matters and the Sunshine Act.
Purpose:
To suggest a new category of Commission meetings.
Discussion:
Chairman Hendrie has asked OGC whether the Sunshine Act permits the Commission to hold meetings to discuss general administrative matters.
Such meetings would be held on a regular basis and would encompass status reports from staff and Commission offices on work in progress, Commissioner inquiries or requests for information and other J
general administrative matters.
The purpose of such meetings would be for the Commisticaers to keep in closer contact with staff, to be able to supervise work in progress and to have prompt direct responses to questions on matters of immediate concern.
The meetings would not be intended to be the forum to delve into substantive issues or to resolve policy questions.
Those matters would continue to be handled as they now are. However, these meetings could be used to accomplish a final resolution of Commissioner comments en issues of policy questions that had been the subject of previous meetings or action papers.
Among the topics that might be discussed would be upcoming Congressional testimony, status of major staff papers, budget preparation, litigation reports and similar matters that might be of interest to the Commission but that could not be communicated as effectively through written channels.
s CONTACT:
Stephen S. Ostrach, GC j
'4-3224 NM.E.?OdQ G lW i
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...., Originally OGC felt that the one week prior notice requirement of the Sunshine Act might impose a barrier to such meetings since by their nature the matters considered at such meetings either could not be specified one week y
in advance or are of such a short term nature that passage of a week would destroy the usefulness of a meeting.
However, we have made a further investigation which included examination of the Sunshine notices of other agencies, and discussions with the Administrative Conference and with the staff of Senator Chiles who is Chairman of the Senate subcommittee which oversees the Sunshine Act.
Based'on that investigation we concluded that general administrative meetings can be held if:
(1) all items which can be noticed a week in advance are; (2) the general topics to be discussed are listed in the notice; (3) the nature of the meeting is clearly specified in the notice and; (4) the meeting is open.
Since a vote is required to close every separate meeting item, you could not include closed meetings in the administrative meetings format unless you voted to close each such discussion and voted to hold it on short notice.
We believe that administrative meetings might be a valuable administrative tool for the Commission.
They would also serve the purpose of the Sunshine Act by offering the Public an opportunity to see the Commission doing its business in a fashion different from the full scale meetings now devoted to only one subject or one paper.
Recommendation:
The General Counsel recommends that:
a.
The Commission intitiate, on a trial basis, general administrative meetings to be held every other week.
The frequency can be increased or decreased as experience is gained.
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_3 b.
The initial meeting, an agenda for which is attached..be scheduled I
at the earliest practicable opportunity when all Commissioners will be available.
Coordination:
- OPE, and SECY concur in the above recommendations.
Senator Chiles, at the recent Sunshine Act Hearing, expressed his view that these meetings, if open, would be in'accordance with the intent of the Sunshine Act.
Attachment:
Agenda
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l t
Stephen F. Eilperin j
Acting General Counsel Commissioners' comments should be provided directly to the Office of the Secretary by c.o.b. Friday, August 25, 1978.
Commission Staff Office comments, if any, should be submitted to the.
Commissioners NLT August 23, 1978, with an information copy to the Office of the Secretary.
If the paper is of such a nature that it requires additional time for analytical review and comment, the Commissioners and the Secretariat should be apprised of when comments may be expected.
DISTRIBUTION SECY NOTE:
Subject to Commissioner concurrence in this paper, the first1 Commissioners Commission Staff Offices meeting will be scheduled for the Exec Dir-for Operations week of September 4, 1978 (the only week available for scheduling such al ACRS meeting in the near tiem frame); hend ASLBP a prompt response would be appreciatd ASLAP Secretariat h
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Tentative Agenda For First Meeting 1.
Need for regularly. scheduled meetings.
Codification and/or revision of administrative procedures.
Provide forum for resolving differing views on SECY papers, memoranda, and letters (particularly Congressional letters).
2.
Administrative Details.
Title for meetings.
Who attends.
f How often, 1
Distribution of backup material to Commissioners - what, timeframe..
3.
Turnaround time for SECY papers and Congressional letters in Commission of fices (including OPE /0GC action items).
Provide for acceleration anJ/or extension of time.
SECY authorization to proceed af ter passage of the reply date.
4.
Commission action based on majority vote.
Authorize SECY to proceed immediately upon receipt of majority vote.
Authorize SECY to record non-voting Commissioners as " abstaining" and co comply with wishes of voting majority after passage of reply date.
5.
Handling of affirmation items.
6.
Delegation of additional responsibility to the staff.
OPE /0GC to approve minor policy issues.
7.
Formation of. Staff Assistants committee under OPE /0GC to establish action priorities, resolve differing views, refer matters, to Commission, etc.
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