ML20210T878
| ML20210T878 | |
| Person / Time | |
|---|---|
| Issue date: | 09/18/1997 |
| From: | Smith K NRC |
| To: | Shirley Ann Jackson, The Chairman NRC COMMISSION (OCM) |
| Shared Package | |
| ML20210T312 | List: |
| References | |
| FOIA-98-275 NUDOCS 9908190178 | |
| Download: ML20210T878 (3) | |
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September 18,1997 A f
Note to: Chairman Jackson .5 p
From: Karla Smit 4
Through: ckie, Victor, W s
Document: COMNJD-97-006-Due 9/25/97
Subject:
COMMISSION PROCEDURES: FURTHER ISSUES Recommend: Respond with the attached memorandum.
Discussion: As a result of the September 8,1997, memorandum from SECY on Commission procedures regarding recording of votes by Commissioners' assistants while Commissioners are away, Commission Diaz decided to raise additional issues conceming Commission procedures.
Ex carte communications from Conaress First, Commissioner Diaz contends that when Con sional letters are received containing ex pgig communications about pending adjudicatio -
$h-Y does not serve the letters on the parties to the proceeding immediately. The pra has been to serve the Congressional letter with the ex carte communication on the parties after the staff's response to the letter has been issued and served.
In particular, he notes that the ex carte rule at 10 C.F.R. 2.780(c) in part provides tharany Commission adjudicatory employee who receives, makes, or knowingly causes to be made a communication prohibited by this section shall ensure that it and any responses to the communication promptly are served on the parties and placed in the public record of the proceeding."
D As for the response to the Congressional ex carte letter, Commissioner Diaz suggests that
@@ NRC should send the sender a standard format letter explaining that NRC served their letter on
@R the parties to the proceeding consistent with our rules. If a further response is necessary, e? Commission az recommends that we inform the individual that the staff will res d to their g<g letter short OOO 54
@@$ Information in this record wn de'cted N'
il accordance with the N:.:a " Wxm2tica lt, exegtiers __[_ g ~
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September 18,1997 A f'
Note to: Chairman Jackson .
.5 From: Karla Smit Through: ie, Victor, Marty -
Document: COMNJD-97-006-Due 9/25I97
Subject:
COMMISSION PROCEDURES: FURTHER ISSUES Recommend: Respond with the attached memorandum.
Discussion: As a result of the September 8,1997, memorandum from SECY on Commission procedures regarding recording of votes by Commissioners' assistants while Commissioners are away, Commis'sion Diaz decided to raise additional issues conceming Commission procedures.
Ex carte communications from Conaress First, Commissioner Diar contends that when Con sional letters are received containing ex Dada communications about pending adjudication -
$h-Y does not serve the letters on the parties to the proceeding immediately. The prs has been to serve the Congressional letter with the ex carte communication on the parties after the staff's response to the letter has been issued and served.
in particular, he notes that the ex carte rule at 10 C.F.R. 2.780(c)in part provides th ny Commission adjudicatory employee who receives, makes, or knowingly causes to be made a communication prohibited by this section shall ensure that it and any responses to the communication promptly are served on the parties and placed in the public record of the proceeding."
D As for the response to the Congressional ex carte letter, Commissioner Diaz suggests that
$ NRC should send the sender a standard format letter explaining that NRC served their letter on
$R the parties to the proceeding consistent with our rules. If a further response is necessa[y, m? Commission az recommends that we inform the individual that the staff will re d to their Mg letter shortl 000 5d o w gg /
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- o. Information in this record was de'cted il accordance with the &c:Rm cf 'nfarrnation '
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2 Commissioner Diaz indicates NRC should #
promptly serve ex parte communicatio n parties, regardless of their source (i.e., m Congress, member of the ic, etc.
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Release of COMSECYs and SRMs to the Public Commissioner Diaz is concemed that NRC is not releasing COMSECYs and SRMs routinelv to the public. He notes that this issue surfaced related to a COM that our office originated.
Although he did not identify the particular COM, I have been informed that it was the COM related to safety and compliance.
He argues that NRC should release COMSECY's in the spirit of openness and accountability to the public, and that the same considerations that call for the release of SECY papers "whenever possible," i.e., unless certain specified circumstances are present as outlined on p.11-3 of the Commission Intemal Procedures - e.g., adjudicatory matters, enforcement or investigatory, classified or proprietary, personal privacy, and sensitive matters.
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Commissioner Diaz also asserts that SRMs on COMSECYs should be released to the public based on the rationale that SRMs on SECY papers are released to the public e days after their approval. Because an SRM is a record of a Commission final decis' f
Overall Review of the Commission Internal Procedures in light of the above two areas, Commissioner Diaz contends that SECY in coordination with OGC should perform a systematic, across the board review of the Commission Intemal Procedures. In particular, he notes that "[i)f there are areas where it is uncertain whether current practice conforms to the intemal dures and to le al requirements, those areas of uncertainty should be identified as well."
f Views: Commissioner Dicus concurred with Commissioner Diaz' proposal to conduct a systematic review of the procedures and suggested that we should conduct such reviews periodically. Additionally, she feels th, .we should re-examine the negative consent process that for all practical purposes (with our informal votes) has been transformed into a notation vote process. Her vote is in the folder. Commissioner McGaffigan's view is unknown, but once I determine it, I will notify you.
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