ML20210T347
| ML20210T347 | |
| Person / Time | |
|---|---|
| Issue date: | 10/23/1997 |
| From: | Hoyle J NRC OFFICE OF THE SECRETARY (SECY) |
| To: | Cyr K NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| Shared Package | |
| ML20210T312 | List: |
| References | |
| FOIA-98-275 NUDOCS 9908190056 | |
| Download: ML20210T347 (1) | |
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't., .**** .# October 23' 1997 SECRETARY MEMORANDUM TO: Karp D. ,' General Counsel
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FROM: Joh C." le, Secretary i<
SUBJECT:
STAFF REQUIREMENTS - COMNJD-97-006 -
COMMISSION PROCEDURES: FURTHER ISSUES The Commission has approved initiation of a systematic review of the Internal Commission Procedures in coordination with the Office of General Counsel, to ensure consist.ency with. legal requirements and conformance with internal procedures. Areas where there is uncertainty as to whether current practice conforms to internal procedures and to legal requirements should be identified. The review should include an assessment of, and recommendations on, earlier public release of SECY papers, subject to the normal restrictions on release, and the current negative consent process. The Office of the Secretary has the lead in performing the review and preparing a Commission paper by February 27, 1998. I understand that Mr. William Olmstead is the OGC contact for this review, f
cc: Chairman Jackson Commissioner Dicus Commissioner Diaz Commissioner McGaffigan EDO CIO' CFO OCA OIG l
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E WASH;NGTON,D C. 20555 0001 October 23, 1997
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SECRETARY MEMORANDUM TO:
Com/ is ion r Diaz j FROM:
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SUBJECT:
COMNJD-97-006 - COMMISSION PROCEDURES:
FURTHER ISSUES l
This memorandum is to inform you that the Commission has l concurred in your proposal regarding prompt service of letters containing ex parte material. The office of the Secretary ,
intends to follow this approach. In addition, the Commission concurred in your proposals to allow public release of COMs and COMSECYs, the Staff Requirements Memoranda (SRMs), and Commissioners' votcs subject to the same restrictions that currently apply to the release of SECY papers, SRMs, and voting records. The Commission also concurred in your recommendation to conduct a systematic, across-the-board review of the procedures, in coordination with the Office of the General Counsel, to ensure consistency with legal requirements. Areas where there is uncertainty as to whether current practice conforms to internal procedures and to legal requirements should be identified. The review should include an assessment of, and recommendations on, earlier public release of SECY papers, subject to the normal restrictions on release, and the current negative consent process. The attached SRMs provide direction on these issues. l This completes action on COMNJD-97-006.
Attachment:
As stated cc: Chairman Jackson Commissioner Dicus Commissioner McGaffigan EDO OGC g \
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%g . ,#e October 23, 1997 SECRETARY MEMORANDUM TO THE FILE
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FROM:
Johr C WHo'/le
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, Secretary V
SUBJECT:
STAFF REQUIREMENTS - COXNJD-97-006 -
COMMISSION PRCCEDURES: FURTHER ISSUES
- 1. Ex Parte Communications.
The Commission has directed that, as a matter of practice, ex parte communications about pending adjudications should be served to the parties promptly when they are received, regardless of their source. A standard-format response should be provided to the sender explaining that in conformity with the NRC's rules on handling of such communications, it has been served on the parties to the proceeding. If a further staff response is called for, this letter can tell the writer to expect the staff to respond shortly to the merits of the incoming letter.
EX Darte communications include those received from parties to the proceeding, participants under 10 CFR 2.715(a), other public officials, competitors, and nonprofit or public interest organizations and associations with a special interest in the ,
proceedings. Communications received from a member of the public at large who makes a casual or general expression of opinion about a pending proceeding are not considered eg parte ,
communications under NRC regulations. See 51 Fed. Reg. 10393, i 10396 (March 26, 1986) (NRC staff commanications to the Commission are governed by separation of function rules found at 10 CFR Section 2.781.)
- 2. Public Release of COMs.
In addition, the Internal Commission Procedures should be revised to allow release of COMs and COMSECYs, the Staff Requirements Memoranda (SRMs), and Commissioners' votes subject to the same {
restrictions that currently apply to the public release of SECY j papers, SRMs, and voting records. j (SECY) (SECY Suspense: 10/31/97) i
- 3. Review of Internal Commission Procedures.
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- a. The Commission has also approved initiation of a systematic '
review of the Internal Commission Procedures in coordination with the Office of General Counsel, to assure consistency with legal requirements and conformance with internal ,
procedures. Areas where there is uncertainty as to whether 2
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i current practice conforms to internal procedures and to l legal requirements should be identified to the Commission in a Commission paper. 1 I
- b. The Office of the Secretary should prepare a Commission '
paper and make a recommendation to the commission on the following: l i) routinely releasing SECY papers (subject to the normal restrictions on release) at an earlier time than is currently the practice, to allow earlier public access to the SECY papers. The evaluation of various options for release should include the pros and cons of different points of time for release of the SECY j papers, considering factors such as the benefits of public access and Commissioners' opportunity to be familiar with the issues discussed in SECY papers.
ii) the negative consent process, and whether there is a !
need for three categories of papers (those with formal .
votes, negative consent papers, and information l papers)-. i l
(SECY/OGC) (SECY Suspense: 2/27/98) l I
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I cc: Chairman Jackson i Commissioner Dicus Commissioner Diaz Commissioner McGaffigan l EDO l OGC CIO l CFO OCA i OIG ;
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