ML20205Q443
| ML20205Q443 | |
| Person / Time | |
|---|---|
| Issue date: | 03/24/1999 |
| From: | Diaz N NRC COMMISSION (OCM) |
| To: | Cyr K NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| References | |
| NUDOCS 9904210231 | |
| Download: ML20205Q443 (2) | |
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. UNrTED-STA 'y 460 6 ao a.olo e o - - - m+n.methh NUCLEAR REGULATCR[/ CCRE!!EA&?OTO T 6
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OFFICE OF THE GENERAL counsel Approyed.
See attached MEMORANDUM TO:
Chairman Jackson comments.
Commissioner Dieus
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Commissioner McGaffigan Nils,J.xDiaz
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Commissioner Mer ' field 3/21 dA#-5-C).
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Karen D. Cyr General Couns
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SUBJECT:
DRAFT FEDERAL REGISTER NOTICE ANNOUNCING INTENT TO IMPLEMENT SUNSHINE ACT RULES in a Staff Requirements Memorandum dated February 24,1999, the Secretary advised me of the Commission's decision to move toward a practice consistent with its 1985 Sunshine Act rules, and requested that I prepare a notice of that decision. The attached notice (Attachment 1) responds to that request. In addition, the Commission requested that i prepare letters to Congress that include concrete examples of the types of non-Sunshine Act
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discussions that the Commission contemplates holding and describe the record-keeping procedures approved for the initial six-rt sath implementation period.. Such letters appear as I)Sif.
Attachments:
- 1. Draft Federal Register notice
- 2. Congressionalletters cc:w/ attachments:
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- Q COMMISSIONER DIAZ'S COMMENTS ON COMSECY-99-006 s
I approve the draft Federal Register Notice subject to a revision along the lines suggested by Commissioner Merrifield. I recommend the following edits to his proposed language for insertion in the paragraph beginning at the bottom of page 18:
- 1. Insert "and contained in our regulations" after "FCC v. ITT World Communications".
- 2. Revise the second sentence to read as follows:
Applying this guidance, the Commission may consider conducting a non-Sunshine Act discussion when the discussion will be casual, general, informational, or preliminary, so long as the discussion will not effectively predetermine final agency action.
3.
Revise the last sentence t6 read:
For instance, the ABA cautioned that a non-Sunshine Act discussion "does not pose specific problems for agency resolution" and agency " members are not deliberating in the sense of confronting and weighing choices."
4.
Change question 10 (p.18) to read: "How does the Commission intend to differentiate between " meetings" and non-Sunshine Act discussions?" ',
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