ML20205Q934
| ML20205Q934 | |
| Person / Time | |
|---|---|
| Issue date: | 04/19/1999 |
| From: | Vietticook A NRC OFFICE OF THE SECRETARY (SECY) |
| To: | Cyr K NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| References | |
| REF-10CFR9.7 NUDOCS 9904220128 | |
| Download: ML20205Q934 (3) | |
Text
{{#Wiki_filter:' ..e.ec,...............e. RELEASED TO THE POR f UNITED STATES h d y' NUCLEAR REGULATORY COMMISSION dat0 IDI!ial5 { i WASHWGTON. D C. 20555-0001
- meeeeeeeeeae94eeees3gga j
%,..... p SECR ETA M REVISED April 19,1999 MEMORANDUM TO: Karen D. Cyr General Counsel FROM: Annette L Vietti-Cook, Secretary ( Q tr-
- g--{ stb
SUBJECT:
STAFF REQUIREMENTS - COMSECY-99-006 - DRAFT FEDERAL REGlJTER NOTICE ANNOUNCING INTENT TO IMPLEMENT SUNSHINE ACT RULES The Commission has approved publication of the notice in the Federal Reaister (FRN) and dispatch of the letters to Congress. The changes provided in the attachment should be incorporated in the FRN prior to publication. /
Attachment:
/ As stated / cc: Chairman Jackson Commissioner Dicus Commissioner Diaz Commissioner McGaffigan Commissioner Merrifield OGC CIO CFO OCA OlG o20006
- r{/W6$U7
( 9904220128 990419 PDR 10CFR PT9.7 PDR ej, p
I ), 4 Changes to the FRN 1. On peg; 2, add to th; nd of th; 5 paragraph ", and te rep ^nd to them in Federal Reg;;;t;r not;;;." 1. On page 9, under the heading, "Further Developments", add the following to the 2* paragraph: "In the meantime, some other agencies adopted and implemented rules that permit informal discussions that clarify issues and expose varying views but do not effectively predetermine official actions, discussions of the sort that the Court's /TTdecision said are a "necessary part of an agency's work." 466 U.S. at 469-70. See, for example, the Occupational Safety and Health Review Commission's (OSHRC) and Defense Nuclear Facility Defense Board's (DNFSB) definitions of " meeting", at 29 CFR 2203.2(d) (50 Fed. Reg. 51679,1985) and 10 CFR 1704.2(d)(5) (56 Fed. Reg. 9609,1991), respectively." 2. On page 11, paragraph 1 of the " Conclusions", after the semicolon on the 5th line, add " actual practice at other federal agencies, including the DNFSB and OSHRC;". 3. On page 13, the last sentence of the first full paragraph should read: "No non-Sunshine Act discussions will be held durinb the period for public comment and for,a_21; day period following clo.sef ofMcomment period tolallow;the Commission to;;considertthelpublic comments] ;;n:;; der;;;;. Of 4hese-eemments Abse0t further sction by,the; Commission, a DolksunshineMdiscussions_maymbe.. held commencing.21 <*r slafter;the:close'of.the comm.en[pe!iod." 4. On page 18, at the end of the answer to question 9, add a new sentence as follows: "As we have emphasized above, the Commission is not proposing to close any meetings currently held as open public meetings. 5. On page 18, change question 10 to read: "How does the Commission intend to differentiate between " meetings" and non-Sunshine Act discussions?" 6. On page 18, the response to Question 10 should be revised as follows: The Commission intends to abide by the gdd;'lne:; edspted by the Arn;d;&n Ser Ad;;;; ~ guidancegovided tythe Court;in'FCC"v.wlTT World Communication.sland containedgoyrJegulationsdrg differentiating betweenfmeetingslanr1 portSunshine Act heelans2 Applying thisl guidance,(the Commission may consider conducting'a.non-SunshineMdiscussiortwhertthe; discussion:willbe; casual [generallirformatio.nalf or prelirpinarytso;long asteLdiscussionyill not. effectively predetermine final agency actiosqWheneyer the, Commission 1 anticipates that.aAscussion seems_likely to be Esm focused;onl discreet proposals;or issues;asjto;cause,the; individual participating membersgform reasonably firm positions;regarding matters pending or likely,to:ar)se before the agency 5the Commission will, treat.those.. discussions.as rii.eC6gsUiggld2at471] Eurtheri to ensure that;we. appropriately implement the Supreme. Court guidance in
/hc differaritiating between non-SunshineLAct discussions.and meetings,.the _ Commission will conside(the ABA's remarks.;on the seriousness lof.this task.'forinstanceithe ABA cauboned that a,non Sunshine Act. discussion "does. not pose _ specific problems for agency pasolutlorf<and agency " members are not deliberating in the sense o.f confronting l and weighing choices," Report at 9-11. The remainder of the response to question 10 shotXd r e deleted. The response to question 11 should be combined with the new text in response to question 10. The lead l in sentence should begin "Some. specific examples of.the kinds of topics that might be l the. subject of non-Sunshine Act discussions.would include;. 6" The text of the response to question 11 should be slightly reworded. l i 1 l l l 1}}