ML20205Q823
| ML20205Q823 | |
| Person / Time | |
|---|---|
| Issue date: | 03/23/1999 |
| From: | Merrifield J NRC COMMISSION (OCM) |
| To: | Cyr K NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| References | |
| NUDOCS 9904220082 | |
| Download: ML20205Q823 (2) | |
Text
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orF ri OF D4E Approved.
See attached comments.
GE N[ RAL CoVNStL MEMORANDUM TO:
Chairman Jackson Commissioner Dicus Commissioner Diaz
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Commissioner Mer ifield Je M [ S D d hm) u-FROM:
Karen D. Cyrf) '/
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'<g U General Counsdl DRAFT FEDERAL REGISTER NOTICE ANNOUNCING
SUBJECT:
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 witn its 1985 Sunshine The attached notice Act rules, and requested that I prepare a notice of that decision 1
(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 discussions that the Commission contemplates holding and desenbe the record-keeping procedures approved for the initial six-month implema.:tation period. Such letters appear as
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Attachments:
- 1. Draft Federal Register notice
- 2. Congressionalletters F,, Uf cc: w/ attachments:
SECY EDO OCA OPA CIO CFO 9904220082 990323 PDR COMMS NRCC CORRESPONDENCE PDR
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COMMISSIONER MERRIFIELD'S COMMENTS ON COMSECY-99-006 I approve the draft Federal Register Notice subject to the following change. I suggest inserting the following new discussion on page 18, last paragraph, after "The Commission intends to abide by the"'
guidance provided by the Court in FCC v. ITT World Communications, in
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differentiating between " meetings" and non-Sunshine Act discussions. To this end, the Commission will limit non-Sunshine Act discussions to " informal background discussions (that] clarify issues and expose varying views." Id. at 469-70. Whenever the Commission anticipates that a discussion seems likely to be "sufficiently focused on discrete proposals or issues as to cause the individual participating members to form reasonably firm positions regarding matters pending or likely to arise before the agency," the Commission will treat those discussions as " meetings." See id, at 471.
Further, to ensure that we appropriately implement the Supreme Court guidance in differentiating between non-Sunshine Act discussions and meetings, the Commission will consider the ABA's remarks on the l
seriousness of this task. The ABA cautioned that in non-Sunshine Act discussions " members are primarily receptors of information or views,""should l
not pose specific problems for agency resolution" or"' predetermine' agency action," and " members [should] not [be] deliberating in the sense of I
confronting and weighing choices." Report at 9-11.
l Delete the rest of the text of the answer to number 10. I also suggest combining number 11,
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on page 19 with the new text of number 10. The lead in sentence might read,"Some specific examples of the kinds of topics that might be the subject of non-Sunshine discussions would include. " The text of the answer to current number 11 would have to be slightly reworded.
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