ML20205Q440
| ML20205Q440 | |
| Person / Time | |
|---|---|
| Issue date: | 03/10/1999 |
| From: | Dicus G NRC COMMISSION (OCM) |
| To: | Diaz N, Shirley Ann Jackson, Mcgaffigan E, Merrifield J, The Chairman NRC COMMISSION (OCM) |
| References | |
| NUDOCS 9904210229 | |
| Download: ML20205Q440 (2) | |
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NUCLEAR REGULATORY CCW 1551 3aeoo,333,oe,,,,,,,
W ASHINGTON, D.C. 205 LEASED TOTHE PDR o
March 10, 1999
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OFFICE OF THE COMMISSIONER MEMORANDUM TO:
Chairman Jackson Commissioner McGaffigan Commissioner Diaz Commissioner Merrifield h
FROM:
Greta Joy Dicus Inh-o]
SUBJECT:
COMSECY-99 SUNSHINE ACT IMPLEMENTATION - DRAFT FEDERAL REGISTER NOTICE I approve the draft Federal Register notice subject to the attached edit and the following comment.
I found the response to question 10, which quotes at length the ABA discussion j
of what constitutes a non-Sunshine Act meeting, to be confusing and unhelpful.
q Were i to consider the Commission establishing " criteria" for differentiating between Sunshine Act and non-Sunshine Act meetings, I would want clearer language than currently appears in the answer to Question 10. Further,I do believe that the Commission specifically endorsed the ABA language as the
" criteria" we would apply in implementing the rules. The ABA language did not even exist when the rules we are implementing were approved by the Commission. I believe we should eliminate Question 10 and its answer and it will suffice if this Federal Register notice provides the examples given in Question 11.
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PDR COMMS NRCC
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y 18 rgencies the latitude to hold non-Sunshine Act discussions in the i t ome of the problems _
, and suggesting that the use of such discussions might help allev a e s d
caused by the Sunshine Act. Moreover, the Commission has had the benef other agencies' experience under the Act. It should be emphasized th implementing this rule, is not implicitly or explicitly urging that the Sun rather, it is saying that the Sunshine Act should not be applied even more r Congress intended when it enacted the statute.
- 9. Why does the NRC put such reliance on the ABA report, when t of saying that it was not urging the closing of any meetings now open?
Answer: The question misses the point of the ABA comment. In the f
the cor ment appears in the ABA report,it is clear that the ABA was expressing discussions that currently do not happen at all, either in open or in c Sunshine Act inhibits the initiation of discussions. Its point was similar to Professor Williams in the hearings on the bill in 1975, when he urge be deprived of the opportunity to generate ideas in " brainstorming subsequently be the subject of " meetings
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- 10. What are the criteria by which the Commission intends to differentiate b
' meetings
- and non-Sunshine Act discussions?
elines adopted by the'American Answer: The' Commission intends to abide b Bar Association. The relev guidance is as fc. flows:
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