ML20210N417

Informs That Region IV Follows NRC Open Meeting Policy as Published in 43FR28058 on 780628,in Response to Bp Garde 860415 Request.Policy Encl

ML20210N417
Person / Time
Site:	Comanche Peak
Issue date:	04/29/1986
From:	Martin R NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV)
To:	Ellis J Citizens Association for Sound Energy
References
NUDOCS 8605050027
Download: ML20210N417 (2)

Text

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i a APR 29 m f

L Mrs. Juanita Ellis President - CASE 1426 South Polk Street Dallas, Texas 75224

Dear Mrs. Ellis:

In a letter to me dated April 15, 1986, Ms. Billie P. Garde asked if 1 would inform CASE of "the region policy regarding meetings between applicants and the staff on matters which are in litigation regarding the Comanche Peak project." This, therefore, is to inform you that Region IV follows the NRC's open meeting policy as published in 43 FR 28058 on June 28, 1978. A copy of that policy is enclosed for your convenience.

Ms. Garde also referred to "a March 23, 1986 letter to W. G. Counsil . . .

documenting a March 23 meeting." There was no such letter nor was any such meeting held on March 23, 1986.

Sincerely, Wgtnal Signed by:

P.aul S. Check Robert D. Martin Regional Administrator

Enclosure:

As stated cc w/ enc 1: bec wo/ encl:

Billie P. Garde T. Rehm, EDO Trial Lawyers for Public Justice, P.C. L. Chandler, OELD Counsellors At Law J. Lieberman, OELD 2000 P Street , NW P. S. Check, RIV Washington, D.C. 20036 R. D. Martin, RIV AI 86-193 READING FILE COPY RIV official File CoPF.

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RIV:RC D/DRSP WBrovn:j e EHJohnson tin 4/0/86 4/3d/86 /86 [

8605050027 860429 I PDR ADOCK 05000445 l A PDR

e ENCLOSURE POUCY STATEMENTS i

on the merita of the applications l Gentes that the progveen le espected 43its M ~ ~ - during the aneeting.  % j

' te he fully operational by take end of Puthened 8#BS/yg When a party or petitioner for leave  ;

Fehruary ISTS and that sta of tano , /sensestgCistmegg apptsCAncess to intervene muests, reasonable ef.

hapame. prtadty (Qaeegory A). gamerte V forts will be made by the NRC staff to 4 teoks are eurtently seltediated fer seen.

• W ""8 88"'*"* of Iset M < inform the party or petitioner of 90 sties la fleent year 19T8. One of tame Psesy # forthcoming meetings conducted by Meegory A tees was eempleted in Do. the NRC technical staff so that appro-eseher 19TT. Tine N Comands- Flate arrangements for suendance Interested persons anaF restow the elen's (NRC's) regulations la 10 CFR esp be made. It is recognised that in report et the NRC's Puttle Deenseneet 3.103 permet applicants te confer in- some cases the need for a prompt Reems,1717 R Street NW., Washing. forenally witar tame NRC technical staff meeting may make it impossible or im-tea. D.C. The report, d==ar maand durtas reHown of domesue license or practicable to notify all partise and pe-NURM3-eele, may be purehased fresa perunit applications. These maestings titioners. The policy desertbed above tane Nataenal '!4etintoal Information have served as an essential smeans for also cannot practicably be applied to Seretce, Springflead. Va. T2181, at take eschange of technical informaria= chance estcounters between NRC tech-414.50 a copy on er about January 17, and views necessary for the techademi nical staff personnel and other parHes Jovtse of applications. Por several or petitioners but such chance encom-1973. years other parties or potential parties ters will not be permitted to serve as a to donnestic licensing prorvedings. as source of information for the conduct

, well as members of the general public, of licensing reviews.

7 .' have upon request. been permitted to 43Pn ages attend applicant-NRC technical staff meetings as observers. However. the 4

PuhNehad 2/1/yg Commd=fa t's regulations dc not re-quire that others be permitted to gg j

CAasmA CowmAGE OF esammeeg geoeg attend such informal meetings be-AvesalC SAFETY A80s UCeBeteses DOAmes tween .. plicant and r,taff, and the Puedished s/31/78 Aas AteeseC SAFETY Afg s amassana general practice being followed in this 2] apptAt DOAmes regard has never been formally articu. $7attassest one sfasseamostAnose or j seisctsAa Powse PLAarts commsee Sessammene of Pussy lated. This statement is intended to

The initial statement of the Atomic

'nne Nuclear Regulatory ramme== tan [ hat is t r i re' lated to t "I "" "' """"*""

has ^^""8deaed requesta from televi- provision for increased public partici-

! "# *" "" "# D**" PI""I8 ***

alon stations and newspapers to permit pation which was approved by the las in Aptl IM In March IM the use of ammaras during proceedings Commission during its consideration the AEC announced the staff's readi-before Atomic Safety and Ucensing of NUREO 0292 (Denton Report). ness to implement the standardization Boards and Atonale Safety and ucens- As a general matter, the Commission policy utilising three d:stinct cosicepts; ins Appeal Boards. In the past the andsten try to involve concemed citi- namely, the manufacturing license NRC has permitted cameras to be used mens in anF C^" mission acuvity in concept, the duplicate plant concept, only before and after adjudicotory ses- wheah ther have expressed an mism and the refwence system concept. In 1

sions and during ree===== The Com- All mes** eaaquetea Dy the NRC August 1974. the AEC announced that mission has decided that, on a trial i review of the replicate plant concept would be basis, it will permit the use of televi- mestic cense or permit

' acceptable as a transitional step alon and still cameras by accredited agon uncluding an appIIcaUon toward standardisation. The AEC was

news media under certain conditions. for an amendment to a license or abolished and its regulatory responsi-i Cameras may be used by news media permit) will be open to attendance by bilities assigned to the newly formed i during hearings and related public all Derties or petitioners for leave to Nuclear Regulatory ca==l==Aan (the proceedings before Atomic Safety and intervene in tne case. These meetings Commission) on January 19,1975. On i

Mcensing Boards and Atomic Safety are Intended by the NRC technical June 29.1977, the Commission issued r and ucensing Appeal Boards provided staff to facilitate an exchange of Infor. a statement that reaffirmed its sup-they do not require additional lighting mation between the applicant and the port of standardisadon and requested beyond that required for the conduct staff. It is expected that the NRC comments and suggestions on pro-of the proceeding and are stationed at technical staff and the applicant will posed new guidance developed by the

a flaed position within the hearing activelyOthers may participate attend as Inobservers.

the meeting.

Uke, staff and on other steps that the Coss-rooms throughout the course of the wise when meetings are scheduled be. mission might undertake to further l

I praaaadinf. It will continue to be the tween the staff and other parties or encourage standardisation. The state-practice of the hearing and appeal petitioners, appIlcants would be per. ment, which was published in the Fus-I boards to use Federal or State courg mitted to attend only as observers. ERAT. Rsonsrus on July S.1977, also roosna when these facilities are avail. The general policy of open meetings noted staff plans to use such com-l ments and suggestions in its continu-able and in such cases the policy of described above will admit of only a thoes courts in regard to the use of few exceptions, which must be ap. int study of standardissUon.

cameras will be observed. proved by the Director of the relevant On the basis of its study, the staff The Commission plans to reama,em has concluded that certain changes to this policy in about six months after division. For example. some persons the Commission's standardisation pro-its hearing and appeal boards have may not be permitted to attend meet. gram should be implemented, and that had sufficient experience with camera ings where classified or proprietary in. these changes can be implemented coverage to determine whether it can formaUon (including sensitive safe. within existing regulations. The staff be carried out without disruption to guards information) is to be discussed. has further concluded that the pro-the proceeding or unacceptable dis- The NRC staff will prepare a written summary of the unclassified and non- gram, as changed, will continue to traction to the participants. allow applicants to utilise a variety of proprietary portions of such meetings design options in ways that can avoid and forward the summary to interest.

ed persons unable to attend so that the development of significant adverse they will be informed of what tran- antitrust consequences. The Comunds-spired at the meeting. However at. ston continues to recognise its respon-tendance will not be limited solely be- sibility to provide a standardiastion cause preliminary opinions. recom- program that can be used effectively mendations, or advice will be offered without contributing to such concerns. ,j September 1,1982 PS-8 i

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