ML20216D699

Forwards NRC Annual Rept of Administration of Govt in Sunshine Act for CY96 IAW Public Laws94-409 & 104-66

ML20216D699
Person / Time
Issue date:	02/11/1997
From:	Shirley Ann Jackson, The Chairman NRC COMMISSION (OCM)
To:	Gingrich N, Gore A HOUSE OF REP., SPEAKER OF THE HOUSE, SENATE, PRESIDENT OF THE SENATE
Shared Package
ML20216D691	List: ML20216D685 ML20216D699 ML20216D724 ML20216D758
References
FRN-64FR24936, RULE-PR-9 NUDOCS 9907300070
Download: ML20216D699 (26)

Text

..a .

f["*%,$

UNITED STATES j

NUCLEAR REGULATORY COMMISSION g WASHINGTON, D.C. 20086-0001 e g.

February 11, 1997 k.....

CHAMMAN The Honorable Albert Gore, Jr.

President of the United States Senate Washington, D.C. 20510

Dear Mr. President:

In accordance with Public Laws94-409 and 104-66 (5 U.S.C. 552b (j ) ) , I am enclosing the Nuclear Regulatory Commission's Annual Report of the Administration of the Government in the Sunshine Act for Calendar Year 1996.

Sincerely, Shirley Ann Jackson

Enclosure:

As stated l

l 9907300070 990719 PDR PR PDR 9 6,4FR24936

- . - - - - ,w

v, .

. UNITED STATES

p , NUCLEAR REGULATORY COMMISSION '

WASHINGTON, D.C. 2000H001 g g g O e

% / February 11, 1997 l CHA8RMAN I

l The Honorable Newt Gingrich Speaker of the United States House of Representatives Washington, D.C. 20515

Dear Mr. Speaker:

In accordance with Public Laws94-409 and 104-66 (5 U.S.C. 552b(j ) ) , I am encle sing the Nuclear Regulatory Commission's Annual Report of the Administration of the Government in the Sunshine Act for Calendar Year 1996. l Sincerely, ,

l 1

b j d~ C Shirley Ann Jackson I l

Enclosure:

)

As stated

ANNUAL REPORT GOVERNMENT IN THE SUNSHINE ACT

1. AGENCY NAME: U.S. Nuclear Regulatory Commission

2. CALENDAR YEAR: 1996

3. The NRC made no changes in its policies and pro ~cedures related to the Government in the Sunshine Act during 1996.

4. MEETINGS: (See definitions in Appendix A)

(February 15, 1996 through December 31, 1996)

A. Total Number of Open .......................... 59 (84%)

B. Total Number of Closed ........................ 11 (16%)

C. Total Number of Partially Open/ Closed ......... 0 (0%)

Total Number of Meetings .................. 70 8 The above meetings are counted by the number of separate agenda topics discussed as described in Appendix A. The same number of topics counted by the method used by common cause results in the following number of meetings (see definitions in the Appendix).

D. Total Sessions Open ........................... 49 (81%)

E. Total Sessions Closed ......................... 7 (12%)

F. Total-Sessions Partially Open/ Closed .......... 4 (7%)

Total Number of Sessions .................. 60 Appendix B contains a tabulation of open and closed meetings per month by CY 1996, using both the Nuclear Regulatory Commission (NRC) and the Common Cause (CC) methods of counting. Throughout this report, meeting numbers quoted are counts of individual items.

'The NRC requires a quorum of three members to conduct meetings under the Government in the Sunshine Act. On July 1, 1995, membership on the Nuclear Regulatory Commission dropped to two and remained there until February 15, 1996 when Greta Joy Dicus was sworn in as a third Commissioner. Accordingly all public discussions and briefings of the two Commissioners between

' January 1, 1996 and February 14, 1996 have not been counted as

' Commission meetings. During this period the Commission held 5 public sessions that were announced to the public in the same manner in which they would have been announced had there Eu vn a l quorum.

L

\ .

.o I  ! $

l

5. EXEMPTIONS USED FOR CLOSING OR PARTIALLY CLOSING MEETINGS:

(Number of Times Used)

A. Exemption 1 .......................... ............ 6 Exemptions 2 & 6 .................................. 1 Exemption 2 ......................... ............. 3 Exemption 9 ....................................... 1 Total ......................................... 11

6. DESCRIPTION OF LITIGATION AND FORMAL COMPLAINTS:

There were no Government in the Sunshine Act cases involving NRC filed or otherwise in litigation during 1996. There were no formal complaints filed in 1996 related to closed Commission meetings and no requests to open a closed Commission meeting were received.

7. ADDITIONAL INFORMATION:

This report was prepared in the Office of the Secretary, U.S.

Nuclear Regulatory Commission. Comments or inquiries on this report or related matters should be addressed to:

Office of the Secretary U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Telephone inquiries can be made to the Office of the Secretary by dialing (301) 415-1968.

APPENDICES:

A. Definition of Meetings B. Tabulation of Open and Closed Meetings by Month C. Tabulation of Meetings by Days' Notice i

l I

4 l

I I

l i

t 1

l APPENDIX A Definition of Meetina NRC's Statutory Meetino Recuirement The Nuclear Regulatory Commission ir a five-member independent regulatory commission established by the Energy Reorganization Act of 1974 (P.L.93-408). It is responsible for ensuring the protection of the public health and safety through the licensing and regulation of the uses of nuclear materials. Section 201 (a) (1) of the Energy Reorganization Act, 42 U.S.C. 5841 (a) (1) , provides that " action of the Commission shaAl be determined by a majority vote of the members present." In order to conduct meetings under the Government in'the Sunshine Aci, a quorum of three members must be present.

Meetings Defined by Sunshine Act Under NRC regulations, revised in 1985, a " meeting" is defined as "the deliberations of at least a quorum of Commissioners where such deliberations determine or result in the joint conduct or disposition of official Commission business, that is, where discussions are sufficiently focused on discrete proposals or issues as to cause or to be likely to cause the individual participatirg members to form : 1scnably firm positions regarding matters pending or likely to arise before the agency.

Deliberations required or permitted by Secs. 9.105, 9.106, or ,

9.108(c) do not constitute ' meetings' within this definition."

(10 CFR Section 9.101(c) of NRC's Sunshine Regulations) Although this definition would allow some deliberations ;o be held in a non-public setting, the Commission has chosen to treat all discussions of agency business by a quorum of Commissioners as

" meetings" for Sunshine Act purposes.

For the purpose of tabulating meetings in this report, NRC follows the practice of the Commission for scheduling topics for Commission discussions. Generally one agenda item is scheduled '

for each discussion or briefing session. Accordingly, each session is counted as a separate meeting under the NRC method of tabulating meetings in this report even if several discussions or briefings occur on the same day.

Appendix B includes counts of meeting statistics reported using the above definition and methods, and also using the " Common Cause" method. The latter method counts all meetings held during the morning or afternoon on the same day as a single meeting, {

whether that meeting lasts one hour or half a day and i irrespective of the number of agenda items considered. Both methods are reported here to allow comparisons of statistics by those who use the Common Cause method.

t i

W APPENDIX B TABULATION OF OPEN AND CLOSED MEETINGS BY MONTH CY 1996 Open Closed Open/ Closed Total Jan (NRC) 0* 0 0 0 (CC) 0 0 0 0 Feb (NRC) 8 0 0 8 (CC) 7 0 0 7 Mar (NRC) 5 0 0 5 l (CC) 4 0 0 4 l Apr (NRC) 3 0 0 3 (CC) 3 0 0 3 i

May (NRC) 8 1 0 9 (CC) 8 1 0 9 Jun (NRC) 6 1 0 7 (CC) 5 1 0 6 Jul (NRC) 6 0 0 6 (CC) 6 0 0 6 Aug (NRC) 5 1 0 6 l

2C) 5 1 0 6 Sep (NRC) 1 2 0 3 (CC) 1 2 0 3 Oct (NRC) 9 3 0 12 (CC) 6 1 2 9 l

Nov (NRC) 5 3 0 8 (CC)' 2 1 2 5 Dec (NRC) 3 0 0 3 (CC) 2 0 0 2 I

Year to Date (NRC) 59 11 0 70 (CC) 49 7 4 60

• During the January 1 - February 14, 1996 period a quorum of Commissioners did not exist. During this period 5 public briefings of the Commission were held.

"CC" - Common cause method of counting, i

r --

l-l ' d. . . ' ,

l.' ,

I

• APPENDIX C TABULATION OF MEETINGS BY DAYS' NOTICE February 15, 1996 - December 31, 1996 DAYS' NOTICE OPEN CLOSED OPEN/ CLOSED TOTAL 12 or more 43 6 0 49 l 11 0 0 0 0 f 10 0 0 0 0

~9 3 0 0 3 8 2 1 0 3 7 1 1 g A Subtotal 51 8 0 59 6 0 0 0 0 5 0 0 0 0 4 0 0 0 0 3 1 0 0 1 2 0 0 0 0 1 1 0 0 1 Less than 1 5 1 g a I

Subtotal 8 3 0 11 GRAND. TOTAL 12 11 Q . ]_q l

1 I

l 1

l t

d

'. -? / "*%

UNITED STATES f

p g NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20H6-On01 g

March 25, 1996 k.....

CHAMMAN The Honorable Albert Gore, Jr. '

President of the United States Senate Washington, D.C. 20510

Dear Mr. President:

In accordance with Public Laws94-409 and 104-66 (5 U.S,C. 552b (j ) ) , I am enclosing the Nuclear Regulatory Commission's Annual Report on the administration of the Government in the Sunshine Act for Calendar Year 1995.

Sincerely, b

Shirley Ann Jackson

Enclosure:

As stated hk--Uk():3-()g g

a

[ "**4k UMTED STATES NUCLEAR REGULATORY COMMISSION

" - WASHINGTON, D.C. 20606-0001 I'

3 .,i March 25, 1996

( .....

N The Honorable Newt Gingrich Speaker of the United States House of Representatives Washington, D.C. 20515

Dear Mr. Speaker:

In accordance with Public Laws94-409 and 104-66 (5 U.S .C. 552b(j)), I am enclosing the Nuclear Regulatory Commission's Annual Report on the administration of the Government in the Sunshine Act for Calendar Year 1995.

Sincerely, Shirley Ann Jackson

Enclosure:

As stated f

e

ANNUAL REPORT GOVERNMENT IN THE SUNSHINE ACT  ?

1. AGENCY NAME: U.S. Nuclear Regulatory Commission I i

2. CALENDAR YEAR: 1995 l

3. The NRC made no changes in its policies and procedures '

related to the Government in the Sunshine Act during 1995.

4. MEETINGS: (See definitions in Appendix A) l (January 1, 1995 through June 30, 1995) 44 (85%)

A. Total Number of Open ..........................

8 (15%)

B. Total Number of Closed ........................

0 (0%)

C. Total Number of Partially Open/ Closed .........

522 Total Number of Meetings ..................

The above meetings are counted by the number of separate The same i agenda topics discussed as described in Appendix A. l number of topics counted by the method used by Common cause I results in the following number of meetings (see definitions in the Appendix):

........ 33 (80%)

D. Total Sessions Open . ................

6 (15%)

E. Total Sessions Closed .........................

2 (5%)

F. Total Sessions Partially Open/ Closed ..........

41 Total Number of Sessions ..................

Appendix B contains a tabulation of open and closed meetings .

per month by CY 1995, using both the Nuclear Regulatory l Commission (NRC) and the Common Cause (CC) methods of I counting. Throughout this report, meeting numbers quoted are counts of individual items.  !

1 1

i l

'The NRC requires a quorum of three members to conduct On July 1, meetings under the Government in the Sunshine Act.

l 1995, membership on the Nuclear Regulatory CommissionAccordingly dropped to j two and remained there through the end of the year.  ;

all public discussions and briefings of the two Commissioners 1995 have not be between July 1, 1995 and December 31, as Commission meetings. During this period, the Commission held i 30 public sessions that were announced to the public in the same manner in which they would have been announced had there been a quorum.

i I

{ '.

c b

L 1

W i

5. EXEMPTIONS USED FOR CLOSING OR PARTIALLY CLOSING MEETINGS (Number of Times Used) 4 A. Exemption 1 ................ ................ ..... 2 Exemptions 2 & 6 .................................. 1 Exemptions 5 & 7 .................................. 1 Exemptions 2, 6 & 9B ..............................

8 Total .................. ......................

6. ' DESCRIPTION OF LITIGATION AND FORMAL COMPLAINTS:

.There were no Government in the Sunshine Act cases involving

~NRC filed or otherwise in litigation during 1995. There were no formal complaints filed in 1995 related to closed Commission meetings and no requests to open a closed Commission meeting were received.

7. ADDITIONAL INFORMATION:

This report was prepared in the Comments Office of the orSecretary, inquiries onU.S.

this Nuclear Regulatory Commission.

report or related matters should be addressed to:

Office of the Secretary U.S. Nuclear Regulatory Commission Washington, D.C. 20555 4 Telephone inquiries can be made to the Office of the Secretary by dialing (301) 415-1963.

APPENDICES:

A. Definition of Meetings B. Tabulation of Open and Closed Meetings by Month C. Tabulation of Meetings'by Days' Notice l

l l

APPENDIX A Definition of Meeting ,

NRC's Statutory Meetino Requirement The Nuclear Regulatory Commission is a five-member independent regulatory commission established by the Energy Reorganization Act of 1974 (P.L.93-408). It is responsible for ensuring the protection of the public health and safety throughSection the licensing and regulation of the uses of nuclear materials.

201 (a) (1) of the Energy Reorganization Act, 42 U.S.C. 584 (a) (1) ,

provides that " action of the Commission shall be taken by a majority vote of members present." In order to conduct meetings under the Government in the Sunshine Act, a quorum of three members must be present.

Meetinas Defined by Sunshine Act Under NRC regulations, revised in 1985, a " meeting" is defined as "the deliberations of at least a quorum of Commissioners where such deliberations determine or result in the jointis, conduct where or disposition of official Commission business; that discussions are sufficiently focused on discrete proposals or issues as to cause or to be likely to cause the individual participating members to form reasonably firm positions regarding matters pending or likely to arise before the agency.9.106, or Deliberations required or permitted by Secs. 9.105, 9.108(c) do not constitute ' meetings' within this definition."

Although (10 CFR Section 9.101(c) of NRC's Sunshine Regulations) this definition would allow some deliberations to be held in a f non-public setting, the Commission has chosen to treat all j discussions of agency business by a quorum of Commissioners as

" meetings" for Sunshine Act purposes.

For the purpose of tabulating meetings in this report, NRC follows the practice of the Commission for scheduling topics for J I

Commission discussions. Generally one agenda item is scheduled Accordingly, each for each discussion or briefing session.

session is counted as a separate meeting under the NRC method of j tabulating meetings in this report even if several discussions or l briefings occur on the same day.

l Appendix B includes counts of meeting statistics reported using  ;

the above definition and methods, and also using the " Common ~

Cause" method. The latter method counts all meetings held during the morning or afternoon on the same day as a single meeting, whether that meeting lasts one hour or one day and irrespective of the number of agenda items considered. Both methods are reported here to allow comparisons of statistics by those who use the Common cause method.

7

\

d APPENDIX B f

TABULATION'OF OPEN AND CLOSED MEETINGS BY MONTE l

Open Closed Open/ Closed Total CY 199_E 0 3 1

Jan (NRC 2 3

2 1 0 (CC) 0 8 Feb (NRC) 7 1 0 7 (CC) 6 1 2 0 10 Mar (NRC) 8 0 8 (CC) 6 2 1 0 11 Apr (NRC) 10 0 9 (CC) 8 1 0 7 May (NRC) 6 1 0 7 6 1 (CC) 2 0 13 Jun (NRC) 11 2 7 (CC) 5 0 Year to Date 52 44 8 0 (NRC) 41 33 6 2 (CC)

During the second half of 1995 a quorum of Commissioners did not exist. The following is a tabulation of Briefings / Discussions held with the two Commissioners in attendance.

Jul 5 Aug 3 Sep 4 Oct 3 Nov 8 Dec 7 Total 30 "CC" - Common Cause method of counting.

r- ,

• ?

APPENDTX C TABULATION OF MEETINGS g BY DAYS' NOTICE January 1, 1995 - June 30, 1995 CLOSED OPEN/ CLOSED TOTAL DAYS' NOTICE OPEN 6 0 44 12 or more 38 1 0 0 11 1 0 (

0 0 0 10 0 0 0 0 ,

9 0 0 0 0 8 p 7 p p p 6 0 45 Subtotal 39 0 1 6 1 0 0 2 5 2 0 0 0 4 0 0 0 0 3 0 0 0 0 2 0 0 0 0 1 0 0 2 A i Less than 1 2 0 7 Subtotal 5 2 Q 52 GRAND TOTAL 11 H l

r. 1 i'* '[me %,'

UNITED STATES

. '- / o NUCLEAR REGULATORY COMMISSION l y i wAssimoTow.o. c. 20sss I s

g%,,,,,+[ March 29, 1995 I

CHAIRMAN The Honorable Albert Gore, Jr.

President of the United States Senate Washington, D.C. 20510 l

Dear Mr.~ President:

i l

In accordance with Section 3 (j) of Public Law 94-409 j (5 U.S.C. 552b (j ) ) , I am enclosing the Nuclear Regulatory Commission's Annual Report of the Administration of the Sunshine Act for Calendar Year 1994.

Sinceraly, Ivan Se?.in

Enclosure:

As stated

[

~D W 6T W Q

• / *

1. o, UNITED STATES

[.

g g

NUCLEAR REGULATORY COMMISSION WASHtNGTON, D. C. 20555 9

,,y,# March 29, 1995 CHAIRMAN The Honorable Newt Gingrich Speaker of the United States House of Representatives Washington, D.C. 20515

Dear Mr. Speaker:

In accordance with Section 3 (j). of Public Law 94-409 (5 U.S.C. 552b (j ) ) , I am enclosing the Nuclear Regulatory Commission's Annual Report of the Administration of the Sunshine Act for Calendar Year 1994.

Sincerely, Ivan Selin

Enclosure:

As stated

?

hff)y0[0i]f"

F .

m

.L , .

f ANNUAL REPORT t GOVERNMENT IN THE SUNSHINE ACT

1. AGENCY NAME: U.S. Nuclear Regulatory Consnission

2. CALENDAR YEAR: 1994

3. MEWTINGS: (See definitions in Appendix A)

A. Total. Number.of Open ................ ....... 72 (78%)

B. Total Number of Closed ...................... 20 (22%)

C. Total-Number of Partially Open/ Closed ....... 0 (0%)

Total Number of Meetings ................... 92 The above meetings are counted.by the number of separate agenda topics discussed.as described in Appendix A. The same number of topics counted by the method used by Common Cause results in the following number of meetings (see definitions in the Appendix):

D. Total Sessions Open ......................... 55 E. Total Sessions Closed ....................... 13 F. Total' Sessions Partially Open/ Closed......... 6 Total Number of Sessions ................... 74 Appendix B contains a tabulation of open and closed meetings per month for CY'1994, using both the Nuclear Regulatory l Commission (NRC) and the Common Cause (CC) methods of counting. Throughout this report, meeting numbers quoted are counts of individual' items.

4. EXEMPTIONS USED FOR CLOSING OR PARTIALLY CLOSING MEETINGS (NUMBER OF TIMES USED).

A. Exemption 1 ............................... 3 Exemption 9 ............................... 2 Exemptions 1 & 3 .......................... 1 Exemptions 2 & 6 .......................... 6 Exemptions 2 & 9 .......................... 1 Exemptions 5 & 7 .......................... 4 Exemptions 2, 6&9 ....................... 3 Total ................................ 20 f

I -

. 6 B. NRC's practice regarding the closing of meetings l

pertaining to the budget, Congressional testimony, and briefings of agency members by staff is as follows:

(1) Budoet Meetinos. The Commission has not convened any meetings to discuss the budget since the U.S.

Court of Appeals for the District of Columbia Circuit concluded in Common cause v. HEC, 674 F.2d 921 (D.C. Cir. 1982), that there was no exemption under the Sunshine Act authorizing automatic closure of budget meetings.

(2) Meetinos at which Congressional testimony is discussed. In 1994, there were no Commission meetings held to discuss Congressional testimony.

(3) Briefinos of acency members by NRC staff. All briefings attended by a quorum of Commissioners are treated as " meetings." Of the 92 meetings held by the Commission in 1994, 57 were staff briefings, 39 of which were held in public session and 18 in closed session. The 18 closed staff briefings were held to discuss matters involving classified information, pending investigations and enforcement actions, management and personnel matters, and litigation activities. Meeting records of closed briefings are reviewed for retention / release as described  ;

in Section 10 below.

(4) Meetino subiects reauired to be held in closed session. Certain information (e.g., classified information) is required under law or executive order to be protected. Three of the 20 closed Commission meetings dealt with matters which could not by law be discussed in public session.

5. DESCRIPTION OF LITIGATION There were no Government In the Sunshine Act cases involving NRC filed or otherwise in litigation during 1994.

6. NOTATION VOTING The Commission uses the notation voting process to decide issues which do not require interactive discussion among all Commissioners in the presence of each other. In this type of decision-making, individual Commissioners provide views in writing to the Secretary (approval and/or comments) on actions proposed by the staff or by individual Commissioners. Typical examples include responses to Congress on GAO reports, budget matters, agreements with the Executive Branch agencies, export licenses, outgoing Commission correspondence, proposed

o y

_3 rulemaking actions, appointments and reappointments to advisory committees, and review of actions being taken or about t'o be taken under delegations of authority to the staff.

The Commission also uses notation voting to obtain Commis-sioners' views on agency business which by law requires a formal vote in an open meeting but is not of such a complex nature as to require interactive conversation between Commissioners in the presence of each other. After all participating Commissioners have first expressed their views in writing, public Commission meetings entitled Affirmations are scheduled for the purpose of a formal vote (ratification of Commissioners' views on the issue), with or without discussion as desired. Examples of matters.which are decided in this manner include final rule-makings, responses to certain petitions, and adjudicatory decisions.

In connection with the notation voting process, the Commission in late 1989 expanded its policy on " openness" by deciding to place, except in relatively rare circumstances, all issue papers voted on by the Commission in the notation vote process, as well as the votes sheets of individual Commissioners, in its Public Document Room (PDR). The papers are released at the time the Secretary's decision memorandum for final action on the paper is released, unless they involve matters which the Commission has specifically agreed should be withheld (material containing adjudicatory, enforcement or investigatory, classified or proprietary, and personal privacy information).

7. PUBLIC OESERVATION The Commission continued its policy of providing meaningful public observation and understanding of open meetings through the following measures:

A. The Commission's main conference room, with a seating ,

capacity of 150, is provided with multiple overhead l speakers and with a closed-circuit television system to ensure that every person attending a meeting can see and hear.

B. A pamphlet entitled " Guide to NRC Open Meetings" is available in the Commissioners' Conference Room and in the PDR. The guide describes for public attendees the normal seating arrangement'for participants at the conference table, the general functional responsibilities of these participants, Commission procedures for voting on agenda items, general rules for public conduct at Commission meetings, and sources of additional information on the Commission and its meetings.

_4_

C. Copies of viewgraphs and the principal staff pppers scheduled to be considered at the meeting are normally made available to meeting attendees at the erstrance to the conference room prior to the commencement of the meeting. These papers are also'placed in the PDR at the conclusion of the meeting, along with viewgraphs and other material handed out at the meeting.

Additionally, copies of all papers referenced at the meeting are normally released to the public. During 1994, 77 such documents were released.

D. The "NRC Collection of Abbreviations" (NUREG-0544, Rev. 3) is available in the Commission Conference Room and the PDR to further help the public in understanding the many technical terms discussed in Commission papers.

E. Public attendees are permitted to tape record Commission discussions at open meetings.

F. It is the Commission's practice to allow camera and television coverage of its open meetings and briefings without prior notification. The use of cameras, including television coverage, at open licensing proceedings conducted by NRC's licensing boards is also permitted. In both Commission meetings and adjudicatory hearings, however, camera equipment must be operated in a manner.that is not disruptive to the proceedings.

G. Transcripts are made of all public Commission meetings. These are unofficial transcripts which are not edited by the Commissioners or by the staff and are generally placed in the Commission's PDR within 72 hours8.333333e-4 days <br />0.02 hours <br />1.190476e-4 weeks <br />2.7396e-5 months <br /> of the conclusion of the meeting. Paper and electronic copies of transcripts of all 72 open meetings in 1994 are in the PDR, where they may be read or copied as desired. A fee is charged for copying services.

H. In 1994, the Commission continued and expanded upon its efforts to make available in the PDR electronic copies of the transcripts of Commission meetings and other NRC documents for which electronic files exist.

This will continue and be expanded as the PDR's capability to handle electronic documents grows.

I i

E .

L*

f 18. PUBLIC NOTICE y Bach meeting is publicly announced by the methods listed below.

A. Use of an automatic telephone answering machine, which provides a daily recorded message describing the meetings scheduled for the Commission over a four week period. Members of the public desiring such information dial (301) 415-1292 to hear the f) pre-recorded message.

B. Publishing weekly in the Federal Register the time, date, and location of all meetings scheduled for the f next four weeks; the topic (s) to be discussed, whether 1 the meetings are open or closed; and the name and telephone number of contact persons who are prepared to respond to questions about the meeting schedule.

.C. Posting in the NRC Public Document Room, 2120 L Street, N.W., Washington, D.C. 20555, a copy of the Federal Recister Notice at the time it is sent to the Federal Recister.

D. The meeting schedule is posted in the NRC Electronic Bulletin Board at Fedworld.

E. Mailing a copy of the Federal Recister Notice to those persons on a mailing list maintained for that purpoce (currently over 175 names and addresses) at the time it is sent to the Egderal Reaister.

F. Submittal of a copy of the Federal Reaister Notice to  !

the Office of Public Affairs for dissemination to the l national wire services (AP, UPI) and Reuters, and to other news media as applicable.

i l G. Use of a closed circuit television to project the

meeting schedule to headquarters building visitors.

The Commission's current and projected schedule of meetings for the period covered by the weekly Federal Reaister Notice is available for viewing on one channel of the NRC's internal cable television system.

Television monitors are available in the lobby of the l One White Flint North headquarters building near the entrance to the Commission meeting area and in other t public areas of the building.

H. Telephoning known interested parties when public meetings of particular interest are scheduled with less than seven days' notice.

L -

u4 -

t The Commission is sensitive to the need for reasonable advance notice of Commission meetings. Its policy is to reduce scheduling: changes to a' minimum and to avoid short notice meetings if possible. .However, the Commission continues to be confronted with'the requirement to consider urgent matters in a timely manner.. The meeting schedule is constantly adjusted to ensure that the business of the-Commission is not delayed, taking into account Commissioner availability and the urgency and significance of the meeting ~ topic. Appendix C contains a tabulation of the number of days' notice for NRC meetings. In summary, 84 percent of the 1994-Commission meetings (77 of 92) were announced with 7 or more day's notice while the remaining 16 percent (15 of 92) were announced with less than 7 days'

-notice. The following observations are made concerning the 15 "short notice" Commission meetings held during 1993:

There were 6 open and 9 closed "short notice" meetings.

All 6 of the "short notice" open meetings were affirmation sessions at which the Commission ratified (affirmed) Commission orders or final rules, based upon the previously declared views of individual Commissioners, with litele or no discussion. In each case the Commission had announced the affirmation session more than.7 days in advance but hcd not announced a specific topic to vote on.

Holding.9 closed meetings-(in which cl: 3sified

.information, investigations, internal management and personnel matters, and litigation were discussed) on Lshort notice did not affect public participation.

Whenever a short-notice meeting is added to the Commission'-

schedule, public notice is immediately provided through NRC's

' automatic telephone answering machine, the posting of a revised meeting notice in the PDR,-displaying a ravised notice on a television monitor in the lobby of One White Flint North, notification to the Offices of Public and Congressional Affairs, and, where appropriate, telephone notification to news media and to interested parties'to advise them of the additional meeting-. Notice is also promptly submitted to the Federal Register.. Additionally, if the short-notice meeting was open, the transcript'of the meeting is placed in the PDR shortly thereafter.

9. PUBLIC' INTEREST The Commission,-in adopting its Sunshine regulations (see

-Appendix D), explained, in the course of responding to a specific proposal, how it would employ the public interest L criterion in exercising agency discretion to open meetings that could otherwise be closed under one of the s.tinptions authorized in~the Act, j l

1

c 1

\

l l "Section 9.104 (a) of the rules, like the proposals of l

several other agencies, gives presumptive but not conclusive force to the determination that an

~

l exemption is available in deciding the public interest question. The fact that a meeting does come within a specific provision of Section 9.104(a) indicates that the Congress recognized a public interest in closing, not opening, meetings of this character. The Commission staff has been instructed to consider the public interest in recommending to the Commission whether or not to close particular meetings. The' Commission believes that this internal procedure and the awareness of the Commissioners themselves and their advisors of public interest i concerns will ensure adequate consideration of the public interest before any decision to close a i meeting is made, without need for a formal procedure 1 of the type proposed." 42 Fed. Reg. 12875 (March, ,

1977). 1 l

In the implementation of its rules, the Commission calls upon  ;

the staff to consider the public interest factors in any recom-mendations to the Commission for closed meeting discussions. l The Commissioners review staff's recommendations for closed meetings and consider the advice '# the General Counsel as to whether the item is properly closable. Implicit in this procedure is the understanding that a vote to close represents the Commission's determination that the public interest does not

. require an open meeting.

10. RELEASING OF TRANSCRIPTS, RECORDINGS AND MINUTES OF CLOSED MEETINGS A. The policy of the Commission is to make available to the public the record of all meetings except for those portions the agency determines to contain information which may be withheld under the provisions of Section 552b(c), the Government in the Sunshine Act. To ensure that the determinations made are correct, the Commission, upon receipt of a request for a copy of a transcript or portion thereof previously withheld, conducts three independent levels of review for each transcript or electronic recording under consideration for release. Ma initial review is performed by the staff office presenting'the briefing or discussion.

The second review is accomplished by the Office of the General Counsel (OGC). Thirdly, the Commission reviews the record and makes the final determination regarding public disclosure.

. i

• n 1

l The Commission's rules, in accordance with thaw i Sunshine Act, permit records of closed meetings  ;

including litigation, to be kept in minutes (10  ;

CFR 9.108(a)). '

l B. Index Systems and Tabulation of Recuests for Transcriots. Recordinas and Minutes (Ocen and Closed) i l

The Nuclear Regulatory Commission indexes transcripts of meetings and meeting summaries that are placed in the PDR. This information is included in a Daily Accession List, with monthly cumulations, and is made available in the ,

Commission's Public Document Reading Room and I mailed on a subscription basis to interested persons.

Transcripts of all public Commission meetings are usually placed in the PDR within 72 hours8.333333e-4 days <br />0.02 hours <br />1.190476e-4 weeks <br />2.7396e-5 months <br /> following the meeting. During 1994, members of the public sought access to transcripts of Commission meetings on 618 occasions; 93 transcripts were examined at the NRC's Public Document Room, 71 paper copies and 410 electronic copies of transcripts were provided to requesters by the PDR's reproduction contractor and staff.

During 1994, the NRC finished its processing of an FOIA request from a former NRC Commisaioner for the public release of a large collection of documents from 1979 to 1983. In responding to this FOIA, one closed Commission meeting transcript was partially released and 6 were withheld in their entirety. Public releases of documents associated with this FOIA made on April 11, 1994, and June 20, 1994, addressed these transcripts along with other documents.

11. REQUESTS TO OPEN MEETINGS

-The Commission's rules describe the procedure to be followed by a person who wishes to requeEt a change in the status of a closed meeting. 10 CFR 9.106(b) and (c) provide that "any person" may ask the Commission to reconsider its decision to close a meeting by filing a petition for reconsideration. Any such petition must specifically state the grounds on which the petitioner believes the Commission decision is erroneous and l- the public interest.in opening the meeting. All requests, formal or informal, are referred to the Commission for decision.

i Filing such a petition does not automatically act to stay the effectiveness of the Commission decision or to postpone the meeting in question.

L--

U i

'y'. ,

l 'No. requests to.open a closed Commission meeting were received L, in~1994.-

l i 12. FORMAL COMPLAINTS There were no formal complaints filed in 1994 relating to closed Commission meetings. )

i

' 13 . - EX PARTE COMMUNICATIONS The Commission's-regulations on ex carte communications and  ;

separation of functions were adopted in final form on March 23, j 1988 (see Appendix B). The Commission's rules conform to the requirements of 5 U.S.C. 557(d). 'The separation of functions rule precludes private Commission communications with the NRC staff.about a matter at issue in a formal adjudicatory proceeding only if the staff member participates in investigating or litigating functions in the proceeding.

.14. ADDITIONAL INFORMATION  !

A. In' addition to the formal " Sunshine" meetings of the i Commission; .the NRC staff. held close to 1000 meetings and workshops 1throughout the year with licensees, the press, representatives of State and local governments, and the  :

public. The NRC's " Principles of Good Regulation" l encourages an "Open" regulatory process, stating that: I

" Nuclear regulation is the public's busincss, and it must be transacted publicly and candidly. The public l

must be informed about and have the opportunity to participate in the regulatory process as required by law. Open channels of. communication must be maintained with Congress, other government agencies, licensees, and the' public, 'as .well as with the international nuclear community."

On September 20, 1994, the Commission published a Final  ;

Policy Statement (59 FR 48340) on " Staff Meetings Open to  !

the Public" indicating NRC's "long standing practice of providing the public with the fullest information practicable on its activities and of conducting business in an open manner, while balancing the need for the NRC staff to exercise its regulatory and safety responsibilities i without undue administrative burden." The Commission also extended its-two year trial program of holding a. limited number of enfr.rcement conferences in open public session (57 FR 30762). The trial period was extendra to allow review of the Commission's entire enforcement program.

-During the trial period, .the Commission's goal has been to hold 25 percent of its enforcement conferences in open public session.

10 -

In order to alert the public to the upcoming meetings, recorded telephone announcements are available and the meetings are posted on the NRC's Electronic Bulletin Board at Fedworld. The Commission also lists future meetings in its weekly information report, which is placed in the PDR.

Finally the Commission's Advisory Committees held approximately 70 meetings that were open or mostly open to the public.

B. In addition to the Commission meeting transcripts and meeting related documents normally placed in the NRC Public Document Room in' Washington, D.C., the NRC routinely places an average of 290 new documents each day on virtually every aspect of NRC's regulatory program'for public inspection and copying in the Public Document Room. This extensive voluntary document release program has resulted in more than 1.9 million documents being made available in the Public Document Room and serves about 1300 users per month.

Additionally, the NRC maintains extensive document collections relating to individual nuclear facilities in 88 Local Public Document Rooms located throughout the country.

C. This report was prepared in the Office of the Secretary, U.S. Nuclear Regulatory Commission. Comments or inquiries on this report or related matters should be addressed to:

Office of the Secretary U.S. Nuclear Regulatory Commission Washington, D.C. 20555 i

Telephone inquiries can be made to the Office of the Secretary by dialing (301) 415-1963.

APPENDICES A. Definition of Meetings B. Tabulation of Open and Closed Meetings by Month C. Tabulation of Meetings by Days' Notice D. NRC Regulation as Amended Implementing the Sunshine Act (10 CFR Sections 9.100-9.109)

E. NRC Ex Parte (10 CFR Section 2.780) and Separation of Functions Regulations (10 CFR Section 2.781) l i-

t l

APPENDIX A Definition of Meeting m

NRC's Statutcry Meetina Requirement The Nuclear Regulatory Commission is a five-member independent regulatory commission established by the Energy Reorganization Act of 1974 (P.L.93-408). It is responsible for ensuring the protection of the public health and safety through the licensing and regulation of the uses of nuclear materials. Section 201(a) (1) of the Energy Reorganization Act, 42 U.S.C. 584 (a) (1) ,

provides that " action of the Commission shall be taken by a majority vote of members present."

Meetinas Defined by Sunshine Act Under NRC regulations, revised in 1985, a " meeting" is defined as "the deliberations of at least a quorum of Commissioners where such deliberations determine or result in the joint conduct or disposition of official Commission business; that is, where discussions are sufficiently focused on discrete proposals or issues as to cause or to be likely to cause the individual participating members to form reasonably firm positions regarding matters pending or likely to arise before the agency.

Deliberations required or permitted by Secs.9.105, 9.106, or 9.108(c) do not constitute ' meetings' within this definition."

10 CFR Section 9.101(c) of NRC's Sunshine Regulations (see Appendix D). Although this definition would allow some deliberations to held in a non-public setting, the Commission has chosen to treat all discussions of agency business by a quorum of Commissioners as "nieetings" for Sunshine Act purpoF9s.

For the purpose of tabulating meetings in this report, NRC follows the practice of the Commission in deciding whether to schedule topics for Commission discussions. Most of the Commission meeting sessions other than Affirmation Sessions and Collegial Discussions are scheduled to hear a briefing or to discuss a single topic at some length. Accordingly, each agenda item scheduled for discussion or briefing is counted as a separate meeting under the NRC method of tabulating meetings in this report even if several discussions or briefings occur on the same day. Each session at which one or more Commission papers were scheduled for affirmation under the limited notation voting procedure described in paragraph 6 is counted as a meeting.

Appendix B includes counts of meeting statistics reported using the above definition, and also using the " Common cause" method.

The latter method counts all meetings held on the same day as a Single meeting, whether that meeting lasts one hour or one day and irrespective of the number of agenda items considered. Both methods are reported here to allow comparisons of statistics by i

those who use the Common Cause method.

1 l .

l. APPENDIX B TABULATION OF OPEN AND CLOSED 59 I MEETINGS BY NONTE CY 1994 QDED Closed Ooen/ Closed Total Jcn (NRC) 13 3 0 16 (CC) 10 0 3 13 i

Feb (NRC) 2 2 0 4 )

(CC) 1 1 1 3 Mar (NRC) 7 3 0 10 (CC) 6 3 0 9 Apr (NRC) 7 2 0 9 (CC)' 4 1 1 6 May (NRC) 4 0 0 4 (CC) 3 0 0 3 Jun (NRC) 11 4 0 15 (CC) 8 3 1 12 Jul (NRC) 4 2 0 6 (CC) 3 2 0 5 Aug (NRC) 5 2 0 7 (CC) 4 1 0 5 Sep (NRC) 6 1 0 7 (CC) 4 1 0 5 Oct (NRC) 4 0 0 4 (CC) 4 0 0 4 Nov (NRC) 2 0 0 2 (CC) 2 0 0 2 Dec (NRC) 7 1- 0 8 :

(CC) 6 1 0 7 YEAR TO DATE (NRC) 72 20 0 92 (CC) 55 13 6 74 l

l l

E

APPENDIX C TABULATION OF MEETINGS SY DAYS' NOTICE e CY 1994 DAYS' NOTICE' QP.EN CLOSED OPEN/ CLOSED TOTAL 12 or.more 60 11 0 71 11 1 0 0 1

-10 0 0 0 0 9 0 0 0 0 8 0 0 0 0 7 5 g & 5 Subtotal 66 11 0 77 6 0 0 0 0 5 0 0 0 0 4 1 1- 0 2 3 1 2 0 3 2 0 0 0 0 1 0 0 0 0 Less than 1 1 g 2 1Q Subtotal 6 9 0 15 GRAND TOTAL 22  ?& Q 22 d

0

i nr r r.atu a A v i

. PART 9 o PUCLIC RECORDS (S)To ear passes team a diestig af emenemem - godspeg C-Gotemensaf la the

". -e.*ae-

=gg,,rty,"=s,J:=g

• ,,, ,e

,,thee.e . o ,me,es,te, ,,,,,e ,,e

,,e, <.)

not.d A. - .

e.

or e.; * * = = ~ )>

, ,e,. orde, he e ed - sua.8 8. m. 4, r. p-ed ree gesamamm te,s. .

e ear essenettes er salp. UAC Stamig) (1-3) to cosapel NIBC to Pursuant to wh NRC meetings shall semaktes thesset er to any Jehus som. - persmit an kutividual to review, aseend be open to pubi c observation pureuant agitse ef the Congrees er to any est, or espy a reoord pertaining to tha. er to the provisions of 5 U.SC. 552b. This summittee of such jetst sumunistse; te he -raa'ad by sesseems of his subpart does not effect the procedurn (les To the Comptreuer W or own choseing when be reviews his M pursuant to which NitC rocords are eser of his authertned reprueentauves. reeerd. A edurt order may be obtained . ; made available to the pubhc for 1 f:3 time seures of the performanos of for the payunent of a civG penaKy in- l Inspection and copying which remain i the duties of the General Aesounung pend pursuant to S UAC SSteigx4) = governed by Subpert A. cacept that the Offles; er if NRC iftlentionally er stufuur faus 2 enemptions set forth in l 9.106(a) shall (II) Piarouant to the order of a coeart I*

gansY " * * *

' govem in the case of any request made of esenpotent Jurtsmandee.

with any ef

,;. UAC SSta, or any prortmies of this parsuant to l 9.23 to copy or inspect the subpart, if such faDure reendte h as transcripts. i -- ._ . or minutes O ESI Nedses of whpeamm'

. adveres deterusinouse er has as ag. described in i 9.108. Access to records When ressede esmeerning an inevid- a verse effect so as laevedual. Court considered at NRC meetings shall naal are outpoenned er otherwise es- ' easts and attorney's fees anay he continue to be govemed by Schpart A of stomed pursuant to esurt order, the I awarded in elvtl actions, '

this part. ,

N3tC offiser er employee served with (b) Aar officer or eeudoyee of NRC

• l the subseems shaB he responsible for who willfully =.anama== a systems of l assuring that the laevidual is notified records without anesting the actima re- f 9~let Denmiesma.

llet the diaelesaase within five days after eutreaments of 5 UAC. Stan(eN4), or As used in this subpart:

l such subpoena er other order beecenes who wGifully d'=*'a=== inforsmaties (a) "C""-ammian" means the colle-g a saatter of pubile reoord. The petime knowing such disclosure to be prehlb. stal body of five Commissioners or a shall he saaned to the last known ad- lied by 6 UAC Sets or by any rules er quorum thereof as provided by section U dress of the ladividual and shall een- regulations leeued thereunder, may be 301 of the Energy Moorgantasuon Act tain the fouestas informauen. (a) suuty of a criminal = mand ==aaaar and of 18'I4. or any subdivision of that col-The date the subpoems is returtaable; upon conviction may be fined up to a legial body authorised to act on its (b) the sourt la whleh M le returstehle. 88000. Any person who knowingly and ** behalf, and shall not snean any body (c) the name and number of the case wH! fully roguests or obtains any Il not essaposed of rnembers of that col-or proceeding; and (d) the nature of record concerning an laevidual freen legial body, the infortnation sought. NRC under false pretenses snar he (b) "Comminstoner" means an indi. i g g,33 y,ges, ,( ,,,,7 gemessen,,,, convicted of a criminal misdemeanor vidual who is as member of the Com-  ;

When Inforssation eencersdng ass in* to $6 00s Mdual has been diselseed to any " (c) " Meeting" means the delibera-pomos under esenpouans careum.

nemuse tions of at least a quorum of Commis- i stances affesuas health er safety, the 9 9.96 Spec 6As esemptiesm stoners where such deliberations deter-NRC offloor er employee who made er The following records. contained ia mine or result in the joint conduct or autherland Uw enleem shau neufy

• U" "*** the designated NRC Systems of Records d'araaa of official Commission i bur eso,"that is, whom discastoris am (NRC-E NRC-4 NRC-11.NkC-It ,

sure. The neues shaB the NRC-22. NRC-2& NRC-as. NRC-31. ] l stafficiently focused on eacmte pro. j lowleg informaalem:Ial'line nature of NRC43. NRC-37. NRC-30, and NRC-4el 88 *I

• 8 "*" F '

,' gg',,,' h eau n S '*

the informanaamm easiesse; (b) the are enempt from s U.SC 582a(c)(3). {d), " pating members to forum ramaanmMy persos er to when the infor- (e)(1) (e)(4) (C), (Hl. (I). and If) la ll fann posnions regareng eastters pensi-

=nes== was (e) the date of accordance with s U.St 552a(h). Esch ing er Ekely to artse before the the dammansa e; and (d) the sempeDing of these records is subject to the agency. Dellinerations required or per-einemstanees Justifytas um ende- provisions of 8 9.61: mitted by ll 9.106. 9.108 or 9.105(c) do

"'"' not constitute "sneettnes" within this

- laj Contracts Records Files.NRC-5; (b) Equal Employrnent Opportunity d'fI"88888-Records Files. NRC-e; -

I (d)" Closed meeting" means a meet-

, (c)Ceneral Personnel Recoads ing of the Ca==8-ta= closed to publie g (Official Personnel Felder and Related observauen as prorlded by I 9.104.

l 9.06 Pose. g Records). NRC-18; to)"Open snesting" eneans a meeting Fees shall not be thorped for scarch ', (d) Investigative Offices leden. Fase, of the ea=='='a= open to public ob.

for or review of records requested

• and Associotti Retmeds. NRC-Hg servatica pursuant to this subpart.

pzrouant in this subpart or for making g,y p,,,,na,g p,,go,,,,c, app,,;,,g (f) " Secretary" means the Secretary crp6es or entracts of records in order to NRC-at; I* U" #"""'"'"" I make them osmilable for review. Free (g) " General Counsel" means the 1 estabbshed pu*suant to 31 U.S C. esse Mecmms.EneminingM M Oeneral Counsel of Llw aa===n=ta= as  !

and 5 I!.S C. Am(f)rAl shall be cho ped E*88'd8. !prwvided by section 38(b) of the (g) Document Centrol9ystem. NRC- Ateente Biersy Act of 1964 and occuan I st.curdmp to for theactwel nr.hedule . g 3016) of tane Energy Reorganhallon i 9 33 sif this part copes of camisined 3 in ' fl Act of 1974, and, unta auch thne as d Mr and Records uw

• n he pu uan c of 1 4. Branch. Office of the Secretary.NRC-al;  ;

li) Speciallnquiry File.NRC-sa*

anne h m then the unlen the D. rec tor. Dtvision of Fnecdom alen. any enomber of his ofnee special- j ofInformation and Publications Services (111aformation security Fales and ly d==ag=='ad in writing by him purou- i wancs the feelocause of . Associated Records.NRC-37; ant to this suheecuon to carry out his the tru.biht3 of the individual to pay or (k) Personnel Security Files and responsibusues under this subpart.

(oermuse making the records availeble Associated Records. NRC-se; and e s. net General regelrement.

without tist. or at a reduction in rost, is (1) Facihty Security Support Files and Commissionere shall not jointly con-ofhernisc ir the pubhc interest. Associeled Re:ords. NRC-40. .uct or dispose of Commission bust.

- . as in Commission meetings other l 1

I

9.105(c)

. 9.102 PART 9 O PUBLIC RECORDS than in accordance with this subpart. confidential, including such informa- information provided or requesta made Eacept as provided in i 9.104. every tion as defined in i 2.790(d) of this to the Commisalon in confidence by portion of every meeting of the Com. title; pmans outside the Commklon and (5) Involve accusing any person of a which would not have been provided mission shall be open to public obser.

y; tion. crime, imposing a civil penalty on any or made otherwise: (2) if opening a person pursuant to 42 U.S.C. 2282 or meeting or disclosing any information 8 9.183 Ceners! provisions. 42 U.S.C. 5846, or any revocation of would reveal legal or other policy any license pursuant to 42 U.S.C. Sec. advice, public knowledge of which The Secretary shall ensure that all 2236, or formally censuring any could substantially affect the outcome l0 cpen Cornmission meetings are held in person; or conduct of pending or reasonably 2 a location such that there is reasons. (6) Disclose information of a person- anticipated litigation or negotiations; ble space and adequate visibility and al nature where such disclosure would or (3) if opening any meeting or dis-

. acoustica, for public observation. No constitute a clearly unwarranted inva- closing any information would reveal y additional right to participate in Com* slon of personal privacy; information requested by or testimony mission meetings is granted to any (7) Disclose investigatory reports or proposals to be given to other agen-person by this subpart. An open meet- compiled for law enforcement pur- cies of government, including the Con-ing is not part of the formal or infor- poses, including specifica'ly enforce- gress and the Executive Branch before mal record of decision of the matters ment of the Atomic Energy Act of the requesting agency would receive discussed therein except as otherwise 11954, as amended. 42 U.S.C. 2011 el the infonnation, testimony or propos-required by law. Statements of views seg., and the Energy Reorganization als. The examples in the above sen-cr expressions of opinion made bF Act of 1974, as amended. 42 U.S.C. tence are for illustrative purposes ortly Commissioners or NRC employees at 5801 et seq., or information which if and are not intended to be exhaustive. f cpen meetings are not intended to rep- written would be contained in such 8 9.106 Commission procedures.

(

r sent final determinations or beliefs. records, but only to the extent that the production of such records or in- (a) Action under I 9.104 shall be huch statements may not be pleaded, formation would:(i) Interfere with en- taken only when a majority of the g cited, or telled upon before the Com- forcement proceedings, (11) deprive a entire membership of the Commission ,

a mission or in any proceeding under person of a right to a fair trial or an votes to take such action. A separate l

[ Part 2 of these regulations (10 CFR impartial adjudication, (111) constitute vote of the Commissioners shall be a Part 2) except as the Commission maF an unwarranted invasion of personal taken with respect to each Commis-privacy, (iv) disclose the identity of a sion meeting a portion or portions of l

{ direct, confidential source and, in the case of which are proposed to be closed to the '

- Members of the pubile attend. a record compiled by a criminal law public pursuant to I 9.104, or which re-ing op*n Commission meetings may i "use small electronic sound recorders to R enforcement authority in the course g spect to any information which s pro-Erecord the meeting, but the usearsency of 2 of a criminal conductirm investigat'on, a lasful or byvote national " A single anmay2 posed be taken towith be re-withheld und cther electronic "V and cameras requires therecording equipment 'gadvance , security intelligence investigation, con gw spect to a series of meetings, n fidential information furnished only y or portions of which are proposed to v by the confidential source, (v) disclose QTitten approval of the Secretary. be closed to the public, or with respect in estigative techniques and proce* to any information concerning such  !

O 9.104 Closed metings- dures, or (vi) entlanger the life or series of meetings, so long as each (a) Except where the Commission physical safety of law enforcement meeting in such series involves the finds that the public interest requires personnel; same particular matters and is sched-otherwise Commission meetings shall (8) 1 Reserved) uled to be held no more than thirty be closed, and the requirements of (9) Disclose information the prema- days after the initial meeting in such lI 9.105 and 9.107 shall not apply to ture likely disclosure of which would be series. The vote of each Commissioner to significantly frustrate imple* partleipating in such vote shall be re- l any information pertaining to such mentation of a proposed Commission corded and no proxies shall be al-meeting otherwise required by this action, except that this subparagraph subpart to be disclosed to the public, shall not apply in any instance where lowed. (b) Within one day of any vote taken chere the Commission determines in the Commission has already disclosed pursuant to paragraph (a) of this sec-accordance with the procedures of 19.105 that opening such meetings or to the public the content or nature of, tion, 6 9.106(a) or l 9.108(c) the Secre-its proposed action, or where the Com- tary shall make publicly available in portions thereof or disclosing such in- mission is required to make such dis-formation, is likely to: the Public Document Room a written closure on its own initative prior to copy of such vote reflecting the vote (1) Disclose matters that are (1) spe, taking final action on such proposal; of each member on the question. If a cifically authorized under criteria es. OY portion of a meeting is to be closed to in t:blished by an Executive order to be (10) Spec fically concern the Com- the public, the Secretary shall within

• kIpt secret in the interests of national mission's is:.aance of a subpoena, or one day of the vote taken pursuant to R defense or foreign policy and (11) in the Commission s participation in a E

fact properly classified pursuant to civil action or proceeding or an action paragraph (a) of this section or i 9.106(a), make publicly available in E such Executive (2) Relate orde$r.the solely t internal per, or proceeding before a state or federal the Public Document Room a full administrative agency, an action in a written explanation of its action clos-sonnel rules and practices of the Com. foreign court or international tribunal. ing the portion together with a list of gg,,. or an arbitration, or the initiation, (3) Disclose matters specifically ex. conduct or disposition by the Comml> all persons expected to attend the meeting and their affiliation.

empted from disclosure by statute sion of a particular case of formal (c) The notices and lists required by (other than 5 U.S.C. 552) provided agency adNdication pursuant to 5 paragraph (b) of this section to be that such statute (1) requires that the U.S.C. 554 or otherwise involving a de- made public may be withheld from the matters be withheld from the public in termination on the record after an op- public to the extent that the Commis-such a manner as to leave no discre. portunity for a hearing pursuant to ston determines that such information tion on the issue, or (11) establishes Part 2 or similar provisions- itself would be protected against dis-particular criteria for withholding or (b) Examples of situations in which closure by I 9.104(a). Any such deter-refers to particular types of matters to Commission action may be deemed to .nination shall be made independently be withheld's.(4) Disclo e trade secrets and becom, significantly frustrated are: (1) If of the Commission's determination opening any Commission meeting or mercial or financial information ob- negotiations would be likely to disclose t ined from a person and privileged or 9-13 April 30,1992

- 9,105(c) 9.108(b)

PART S o PUBUC RECORDS

~~

pursuant to paragraph (a) of this see ~ (b) The Mme or place of a meeting Ume of the public announcement of ties to eless a anesting, but in accord- may be changed following the public the meeting, or if there is no public anse with the precedure of'that sub- announcement required by paragraph announcemercat the earliest practical sostles. Any such detersnination, in- (a) of this section only if the Secretary time, that, in his or her opinion, the clueng a written esplanauen for the publicly announces such changes at meeung may be closed to the pubHc action and the specific Frovision or the earliest practicable time. The sub- and shau state each relevant exemp-provisions of 19.104(a) relied upon, ject matter of as meeting, or the deter- tive provision unless the Comminalon must be made publicly available to the mination of the Commission to open votes pursuant to i 9.105(c) that such gstent permitted by the circuan. or close a meet.ing, or portion of a certificadon is protected against dis-stances, meeting, to the public, may be closure by I p.104(a). A copy of such changed following the public an- certification, together with a state-0 9.138 Persons affected and motions for nouncement required by this subsec- ment from the presiding officer of the recensidereuen. tion only if: (1) A majority of the meeting setting forth the time and entire membership of the Commission place of the meeting, and the persons (a) Whenever any person whose in- determines by a recorded vote that present, shah be retained by the Com-terests may be directly affected by a g Commission business so requires and mission. The Conuaission shall main-portion of a meeting requests that the that no earlier announcement of the tain a complete transcript or electron-t%==Instan close such portion to the { change was possible, and (2) the Secre-ic recording adequate to record fully public for any of the reasons referred ar a tary publicly announces such change the proceedings of each meeting, or to in paragraphs (a) (6), (6), or (T) of S. and the vote of each member upon portion of a sneedng closed to the IO8 h8'any' ",'"'*"* D']4,uest such change at the earliest practicable public, except that in the case of a by recorded vote whether to close such UIne- meedag, or portion of a rneeting, (c) Immediately foHowing each closed to the pubHe pursuant to para-moedag, public announcement required by this (b) Any person may petition the graph (cX10) of I 9.104, the Commis-section, notice of the time, place, and alon shail maintain such a transcript, Ccamission to reconalder its action subject matter of a meeting, whether or recording or a set of minutes. Such '

under i 9.106(a) or paragraph (a) of this secdon by filing a petition for re' the meeting is open or closed, any minutes shah fully and clearly de-change in one of the preceding, and consideration with the Commission scribe all matters discussed and shall

, the name and phone number of the of. provide a full and accurate summary

within seven days after the date of ficial designated by the Commission to 2 of any actions taken, and the reasons g such acDon and before the meeting in respond to requesta for information N therefor, including a description of g quIstion is held. about the meeting, shan also be sub " each of the views expressed on any

• (c) A petition for reconsideration mitted for publication in the FrnenAL h item and the record Cf any rollCall '

? filed pursuant to paragraph (b) of this Rscisua.

r,ection shail state specifically the - E. vote (reflecting the vote of each Com-gr:unds on which the Commission missioner on the question). All docu-action is claimed to be erroneous, and

- (d) The publie "ncuncement re- menta considered in connection with shan set forth, if appropriate, the u quired by paragraph (a) of this section any action shall be identified in such shall consist of the Secretary: minutes.

public interest in the closing or open (i) rubiiciy posting a copy of the (b> The Commission shati make ing of the meeting. The filing of such a pettuan shs" not act to stay the ef gRoom document in the at 21?0L Public Street, Document N.W., Wsah-prompuy available to the public, in the PubHe Locuanent Room, the tran-factiveness of the Cornmission action Gl ington, D.C.; and, to the extent appro- seriot, electronic recording, or minutes ins o orde a un C N (as required by paragraph (a) M mis e ese eC section) of the discussion of any item omerwise. -

(2) Malling a copy to all persons on the agenda, or of muy item of the p9.lyf Public announeement of Commis- whose names are on a ms!!!ng list testimony of any witness received at seen meennen.

malatained for this purpose, the meeting, except for such item or (3) Submitting a copy for possible items of such discussion or testimony (c) In the case of each raceting, the publication to at least two newspapers as the Commimion determines pursu-Secretary shall make public announce* of general circulation in the Washing- ant to paragraph (c) of this section to ment, at least one week before the ton, D.C. metropolitan ama; contain information which may be meeting, of the time, place, and sub- (4) Any other means which the Sec-Joct matter of the meeting, whether it withheld under 6 9.104 or l 9.1%(c).

is to be open or closed to t.he pubHc, E retary believes will serve to further Copies of such transcript, or minutes, and the name and phone number of 5 nform any persons who might be in- or a transcription of such recording terested. disclosing the idenuty of each speaker, the efficial designated by the Commis- f (e) Action under the second sentence shall be furnished to any person upon fan to respond to mquesta for infoo I of paragraph (a) or (b) of this section payment of the actual cost of duplica-m; tion about the meeting. Such an-shall be takt n only when the Comasis- Mon or transcription as provided in nouneessent shall be made unlem a alon finds that the pubHe interest in i9.14.The Secretary shall maintain a samlerity of the membus of he Com- prompt Commission action or the need misloa determines by a moorded ute cosaplete verbatim copy of the tran-to protect the common defense or se- script, a consplete copy of the minutes, that Pammamlan businom mquire that such meeting be caned at an eso curity or to protect the public health or a complete electronic recording of or safety overrides the public interest each upseting, or portion of a meeung, lier date, in which case the Seentary in havir.g fuH prior notlee of Comsnis- closed to the public, for a period of at shau make puhtte announcement of sion meetings. least two years after such meeting, or the thne, p'. ace and subject matter of untD one year after the conclusion of ga, :ag ,a'ur"'*L*%

,, b rma Ce a aen. - -+

Ings and minutes,

-y C-i-* ar-ding with re-spect to which the meeting or portion was held, whichever occurs later.

(a) Por every meeting closed pursu-g ant to paragraphs (a) (1) through (10) m of I 9.104 and for every determination ~

4 pursuant to i 9.10f(c), the General Counsel shall pubhcly certify at the I

i 1

Apra 30, test 9-14

1. 9.204 9.108(c)

, PART S o PUBUC RECORDS (c) This subpart is intended to pro. the General Counsel in appropriate

- pussuant tefIn the toease of any 0 9.104, thesnesting Secretaryclosed of a { vide instructions regarding the later- circumutances.

the Ossassissign, uses the advise of 3 nat operations of the NRC and is not (3) The General Counsel may re-the General Counset ame after eensul- 2 latended, 'and does not, and may not, quest a plan fross the party seeking testem with the th====tamaan shall de 8 he relied upon to create any right or discovery of all demands then reason terunime wideh, if any, portions of the I benefit, substantive or procedural, en- ably foreseeable, including but not

, clostaenic recording, transcript or ada.

• b t i st theg limited to, names of all NRC personnel l ties and wheek, if any, itesne ofNRC. infor- [forceable at law y a par 3 mm f y aga whom n dhowny b or win be l sought, areas of inquiry, length of

manaanm withhand pursuant to 0 0.106(c) ~~ time away frora duty involved, and ce contain inforunation which should be g gjet produemen er diesseewe identification of documents to be used

' withheld pursuant to 8 9.104, in the prehamed unsees approved by approprises 2 event that a request for the recording. esRC (Pfasist. .in each deposition, where appropriate.

transertet, or minutes is received ~ l No emPl oyee of the NRC shall,in (c) De Inspector General or the within the period during which the r,. response to a demand of a court or other cording. transcript, or minutes must General Counsel will notify the be retaanad under paragraph (b) of judicial or quasi-judicial authority, employee and such other persons, as this acetion, produce any material contained in the circumstances may warrent, of the files of the NRC or disclose, throush decision on the matter,

." testimony or other sneans, any Ig. net preseewo ensee respones so i

I (d) If at scene later thne the Coss- information relating to material naammaan deterudnes that there is no semang is,esps,eg peer se,esseeing further justifloation for withholdire contained in the Ries of the NRC. or ineeussens, any transertpt, recording or other itsen disclose any infonnation or produce any If a response to the demandis Cf inferenation from the public which material acquired as part of the required before the instructions from the .

I has previously been withheld, then pesforrmance of that employee's omclal Inspector Generaler the General such information shall be made avail- dutlas or omcial status without prior Counsel are received, a U.S. attorney or able. approvalof the appropriate NRC NRC attorney designated for the

,,, e 9.1ee Repset to Congrees. official. When the demand is for shall appear with the employee

The Secretary shall annually report material contained in the files of the of NRC upon whoen the demand has  :

0 ot the Congress regarding the Conn- Office of the inspector General or for

• been made. and shall fumish the court f mission's compliance with the Govern- information acquired by an employee of or other authonty with acopy of the a mint in the Sunshine Act, including a that Omce, the inspector General is the a regulations contaioed in this subpart

• tabulation of the total number of open appropriate NRC official. In all other ' and infona the court or other authonty meetings. the total number of closed cases, the General Counselis the 8 that the demand has been. orie being, as meetings, the reasons for closing such appropriate NRC official. the case may be refersed for the prompt meetings and a deactlption of any liti- l 9.302 precedure in the seent of a consideration of the appropriate NRC I

g: tion brought against the Commis- demand ter producalen er atestesure. official and shall respectfully request the si:n pursuant to the Government in court or authority to stay the demand th3 Sunshine Act, including any cost (a) Prior to or simultaneous with a g massened against the Commission in [ demand upon an employee of the NRC h h het u such litigst,lon (whether or not paid by g for the production of material or the immediate dessend for production or th3 Coenman..M. disclosure of information described in di h le M W e m s I e.200, the party seeking production or pmobd o b w oper .

- disclosure shall serve the General of a U.

des'8" Subpert D froducelen er Oloclosure Counsel of the NRC with an omdavit or NRC p's behalf, in Response to Spz: er Do. etstement as described in paragraphs (b) the employee shall respectfully request mends of Courte er Othet Autherl., (1) and (2) of this section. Except for the demanding authority for sufficient egos employees in the Omce ofInspector time to obtain advice of counsel.

General, whenever a demand is made s 9.300 Scope of embrart. upon an employee of the NRC for the I  ;

(r.) This subpart meta forth the pro- production of material or the disclosure 9 9.304 Procedure in the event of an ad. l cedures to be followed when a subpoe- of information described in i 9.200. that weree ruling. l a employee shallimmediately notify the If the court or other judicial or

!na, order, or other demand (herein-after General referred to demand Counsel. lf the as a isdemand")

made for Judicial authority declines to quest a the production of NItC reconis or dis- upon a regional NRC employee, that stay the effect of the demand in re-S closure of 3GC information, including employee shallimmediately notify the sponse to a request. made in accord, a, testimony regarding mch moonis, h Regional Counsel who,in turn, shall f ance with i 9.203 pending receipt of in.

lamed by a court or omer judicial or immediately request instructions from n structions, or if the court or other au-quest Judistal sumority in a W the General Counsel.lf the demand is E thority rulee that the demand must be lag, neluding 8' " made upon an employee in the Omce of { compiled with irrespective of instruc-whleh h NItc not a Inspector General, that employee shall tions not to produce the material or g ,"gcc m atten u d docum mta disclose the information sought, the PEIII* Immediately notify the Inspector ,

subjoet h this abpart WW General. 'Ihe inspector General shall employee upon whom t.he demand has  !

n) Any material emM h 2e immediately provide a copy of the been made shall respectfully decline to ,

fDes of the M. de=mant to the General Counsel, and as comply with the dernand, citing these j regulations and United States er rel (3) Any inf6 M deemed necessary, consult with the terial contained in me f General Counsel. -

Toshy v. Jtasen, 340 U.S. 462 (1951).

N3tc. -

- f (bMI) If oral testimony is sought by the demand' a su==ary of the testi-  !

8~ (b) For purposes of this subpart.

S thetzrm

• employee of the NRC"A#nda A tremoved! 50 FR 502B3 includes all ;;g many desired mu tl I a General Counsel by a detaned affida- )

NRC personnel as that term is defined in [ vit or, if that is not feasible, a detaDed E I 9.3 of this part, including NRC o =8Mmmant by the party seeking the ,

acqmctn t

i testimony or the party's attorney.

I This requirement may be waived by 9 15 April 30, M i 1

p

'd 1 :. A P e titu u E

. 2,770 = 2.781(a)

. . . PART 2 o IRA.ES OF PRACTICE POR DORESTIC UCENSING PROCEEDINGS ...

.'+

" where such schedules may differ from Fanag, rwsm.a= knowmgly causes to be made a l.

1 those elsewhere prescribed in these communicanon prohibited b.s this me[s re[se m es do not p'* section shall eheure that it and any gg,ygg yksideshlen, g #

.  : (a)The Comadesion will ordinarily (b) Rule on motions for entensions pro en?ed on the pt es and i consider the whole record on review, of time; PI aced m the public record of i'ne '

' E but may limit the issues to be reviewed  ; (c) Reject motions, briefs, pleadings, i Proceedmg. In the case of oral E to those identified in an order taking E and other documents filed with the communications. a wrinen summary e Commission later than.the time pre- l Lreview.

• scribed by the Secretary or the Assist- must be sened and placed in the pubhc j

- I ant Secretary or established by an record of the proceedmg. 1 (b)' The Commission may adopt, order, rule, or regulation of the Com- (di Upon receipt of a communication modify, or set aside the findings, con- mission unless good cause is shown for knowmgl.t made or knowmply caused to clusions ar.d order in the initial deci- the late filing; be made by a party m violation of this 2 sion, and will state the bests of its (d) Prescribe all procedural arrange- section. the Commission or other

" seHon. The final decision will be in ments relating to any oral argument adi udicalory employee presiding in a i

• writing and willinclude: ,to be held before the Commiasion; proceedmg may, to the extent consistent l 3- (1) A statement of findings and con- - with the interests of justice and the clusions, with the basis for them on all l (e) Extend the time for the Commis- pohey of the underlymg statutes, require material issues of fact, law or discre-den presented; -

sion to rule on a peution for review S the under 10 CFR 2.786(b); a Party to show cause why its claim or y

(2) All facts officially nouced; E (f) Extend the time for the Commis- 2 8'ld

, den e d sregarded.

f { ifC 86(a otherw se adversely affected on account R (3) . The ruling on each material '

(s) Extend time - for

• Commission , of the v(iolation. ,

, issue: and review on its own motion of a Direc- le)(1)The Prohibitions of this section

% _ tor's denial under 10 CPR 2.206(c); apply-1,. g (i) When a notice of hearing or other c- e comparable order is issued in  !

' (4) The appropriate ruling, order, or j (h) Direct pleadings improperly filed accordance with ll 2.104(a). 2.105(e)(2).

8 dental 'of relief with the effective e before the Commission to the appro-2.202(c). 2.204. 2.205ie). or 2.703; or 1 (d:te. l priate adjudicatory board for action; (ii) Whenever the interested person or l T Commission adjudicatory employee j f ~

(i) Deny a rcquest for hearings, responsible for the communication has  :

knowledge that a notice of hearing or i 1 771 PetInon hr reconsideramen. where the request falls to comply with other comparable order will be issued in  !

(:) A petition for reconsideration of a the Comminston a pleading require, menta set forth in this part, and falls accordance with il 2.104(a). 2.105(e)(2).

E ,firul decision may be filed by a party to set forth an arguable basis for fur. -1202M 2 R 220% m 22-5 within ten (10) days after the date of the d: cision *  : ther proceedings, f (2)The prohibitions of this section

(j) Refer to the Atomic Safety and cease to apply to ex parte

- e Licensing Board Panel or an Adminna. communic #ons relevant to the merits

-

• testive Law Judge, as appropriate, re-(b) The petition for reconsidersuon 9 questa for hearings not falling under [ of a fullorPartialinitialdecisionHme when. ]

shall state specifien!!y the respects in i 2.104 of this part, where the request. in accadance wit i 1788. has )

j chich the final decision is clahned to

be crroneous, the grounds of the peti- er is. enutled to further proceedings; and decision. [ expired for Commission revi tion, and the relief sought. Within ten (k) Take action on minor procedural -

s (10) days after a petition for reconsid- matters. (f) The prohibitions in this section do I erstion has been filed, any other party -

~ m y file an answer in oppostuna to or * '!ot apply to- ,

(1) Requests for and the provision of i in support of t,he petition. However, Restricted Communications the staff may file such an answer status reports; ,

within twelve (12) days after a peUUon i 2.780 I;m parte commumcations. [2] Communications specifically ,

,for reconsideration has been fued. In any proceeding under this Persnitted by statute or regulation: )

subpart- (3) Communications made to or by j (c) Neither the fillag nor the grant- (a) Interested persons outside the Commission adjudicatory employees in j

ins cf the petition shall stay the deci- agency may not make or knowingly the Office of the General Counsel 1 m sion unless the Commimminst orders caus.m be made to any Commission regardmg matters pendmg before a, court  ;

~ -DUNI'** adpud.catcr) employee. any ex parte or another agency; and .

j (4) Communications regardmg generic g 3.772 - Authertty of the Seerstery tothe rule { coinrmmt atmn relesant to the ;ssues Monmdmg. meritsinvolving of public health and safety  ;

en Freesomel mehus. -

i or other statutory responsibihties of the ,

When briefs, usadens or other E em(b) Commnsmn ad udicatoryployees apencyle may not request p rulemakings. or'entertam congressional

!ll, papers listed herein are subunitted to 2 from any inter'sted e person outside the hearings on legislation. budgetary ,

the Commission itself, as opposed to planning) not associated with the i

agency or make or knowingly cause to e offleers who have base Asiavated su- be ma'de to any interested person resolution of any proceeding under this

• thority to act for the t'a==tannari the outside the agency. and ex parte subpart pending before the NRC- j

• the Assistant Secretary commumcation relevant to the merits of f 2.781 Separation of functions.  !

the proceedinp. (a)In any proceeding under this (a) Prescribe schedules for the filing cf briefs, mot 5ns, or other pleadings, (c) Any Commission adjudicator) subpart. any NRC ofhcer or employee employee w he rccewes, maices. or engaged in the performance of any

AprN 30,1992 . 22

i

. PART 2 o RULES OF PRACTICE FOR DOMESTIC UCENSING PROCEEDINGS m

' .)

invest stative or litigating function in that paragraph (a) of this section shall ensure proceedmg or in a factually related that it and any responses to the communication are placed in the pubhr o proceedmg may not participate in or advise a Commission adjudicatory record of the proceeding and sened on gmployee about the intitial or fmal the parties. In the case of oral decision on any disputed issue in that communications. a wntten summan must be served and placed in the pubhc proceedmg. except-record of the proceedmg.

(1) As witness or counselin the preceeding: (d)(1) The prohibitions m d.:s section (2)Through a wntten commumcation app!>-

s:rved on all parties and mar'e on the (i) When a notice of heannF or other r: cord of the proceedmg: or comparable order is issued m (3) Through an oral communication accordance with il 2.104(a). 2.105(e)(2T m:de both with reasonable prior notice j 2.202(c). 2.204. 2.205(e), or 2.703. or to cll parties and with reasonable o (ii) Whenever an NRC officer or cpportunity for all parties to respond. s ernployee who is or has reasonable (b) The prohibition in paragraph (a) of % cause to believe he or she will be this section does not apply to-

• engaged in the performance of an invest 8Fative or litigatmg function or e (1) Communications to or from an3 Commission adjudicatory employee has Commission adjudicatory employee regarding- knowledge that a notice of hearmg or (i)The status of a proceeding: other comparable order will be issued in (ii) Matters with regard to which the accordance with il 2.104(a). 2.105(e)(2).

ccmmunications specifically are 2.202(c). 2.204. 2.205(e). or 2.703 permitted by statute or regulation: r- (2) The prohibitions of this section liii) Agency participation m matters will cease to apply to the disputed pendmg before a court or another issues pertinent to a full or partial initial cgincy;or e decision when,in accordance with (iv) Genene issues involvmg public ' I 2.786, the time has expined for he:lth and safety or other statutory (Commission review of the decision.

o responsabihties of the agency (e.g.,

3 rulemakings, congressional heanngs on h (tween be Commission aojudicatorye) Commun cations to. from. and

- legislation, budgetary plannmg) not

" cssociated with the resolution of any h may not serve as a conduit for aemployees not prohibited by this sectw

':l roceeding under this subpart pendmg g communication that otherwise would be l ef:re the NRC.

2 pr hibited by this section or for an ex  !

(2) Commumcations to or from f Commissioners, members of their { parte would be communication prohibited by l 2.7b0.that otherwise  ;

personal staffa. Commission ~

adjudicatory employees in the Office of (f)If an initial or final decision is the General Counsel and the Secretary stated to rest in whole or in part on fact cnd employees of the Office of the or opinion obtained as a result of a Secretary, regarding- communication authorized by this li) Initiation or duection of an section, the substance of the inv;stigations or initiation of an communication must be specified in the enforcement proceedmg; record of the proceeding and every party (ii) Supervision of agency staff to must be afforded an opportunity to ensure compliance with the Feceral controvert the fact or opinion. lf the  ;

policies and procedures of the agency: parties have not had an opportunity to )

(iii) Staff priorities and schedules or e controvert the fact or opinion prior to '

th2 cllocation of agency resources;or

• the filing of the decision, a party may liv) Cencial regdaton. scientihc. or E controvert the f 4ct or opinion by filing a engmeenng pnnciples that are useful lor petition for review of an initial decision, an understundmg of the issues m a or a petition for reconsideration of a proceedtnp and are not contested m the final decision that clearly and concisely .

sets forth the information or argument l proceedmg.  !

relied on to show the contrary. If (3) None of the communicatior permitted by paragraph (b)(2)(i)- i) of appropriate, a party may be afforded the j this section is to be associated b,' ne Opportunity for cross. examination or to I Commission adjudicatory employ ee or , present rebuttal evidence.

i the NRC officer or employer performmp ,,

i investipatn e or litiFating functions witr  :

the resolutio of any procceing ur. der  : Atowie SartTv Ann Lierwsinc APecAI. i tnis subpart pendmg before the NP,C

• BoAnn Ic) Any Commission adQcoug .

P employee u no recenes a commumcation prohibited under $ 2.785 Imemoved) 56 FR 29403 l l i

2 39 April 30,1992 l 1 l 1