ML20236F469
| ML20236F469 | |
| Person / Time | |
|---|---|
| Site: | Maine Yankee |
| Issue date: | 06/23/1998 |
| From: | Shirley Ann Jackson, The Chairman NRC COMMISSION (OCM) |
| To: | Snowe O SENATE |
| Shared Package | |
| ML20236F472 | List: |
| References | |
| NUDOCS 9807020177 | |
| Download: ML20236F469 (2) | |
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k NUCLEAR REGULATORY COMMISSION UNITED STATES s
WASHINGTON, D.C. 20555-0001 e
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June 23, 1998 k.....,o CHAIRMAN The Honorable Olympia J. Snowe United States Senate Washington, D.C. 20510-1903
Dear Senator Snowe:
i This is in reference to your April 30,1998, letter to me requesting that the Nuclear Regulatory Commission (NRC) conduct a policy review on the NRC's practice of closing meetings, such as the predecisional enforcement conference that was conducted with representatives of Maine Yankee Atomic Power Company (MYAPCo) on April 23,1998, in our Region I office in King of Prussia, Pennsylvania. Additionally, yc,u requested that the review include recommendations for changes to assure that the public has appropriate access to such meetings in the future and that you receive the results of any NRC study on this issue.
The NRC recently completed a policy review on the issue of conducting predecisional enforcement conferences open to public observation. Prior to revision in December 1996,Section V of the NRC's Enforcement Policy stated that, " enforcement conferences will not normally be open to the public."
On December 10,1996, the Commission announced that it was revising its policy to provide for public attendance at predecisional enforcement conferences except in limited circumstances (61 FR 65088). The Commission stated that opening predecisional enforcement conferences was consistent with the agency's principles of good regulation and the normal agency meeting policy (" Staff Meetings Open to the Public; Final Policy Statement," 59 FR 48340; September 20,1994," Enclosure 1). In making this decision, the Commission considered the impact on the NRC's ability to exercise its regulatory and safety responsibilities, the impact on the candor and openness of communications during enforcement conferences, the impact on resources, and the benefit to the public. The 1996 policy revision also provided that conferences would normally be conducted in the regional offices and included the criteria for closing conferences. As stated in Section V of the NRC's Enforcement Policy (Enclosure 2),
L the purpose of conducting open conferences, "is not to maximize public attendance, but rather to provide the public with opportunities to be informed of NRC activities consistent with the NRC's ability to exercise its regulatory and safety responsibilities."
The current critena for closing conferences (including suuations that involve privacy, l
safeguards, proprietary, and investigative issues), are consistent with the agency's policy on f
public meetings. (See the discussion included in, " Applicability and Exemptions," of the Commission's policy statemt nt on open meetings,59 FR at 48344.) Further, the criteria in the NRC's Enforcement Policy for d.osing conferences are consistent with the provisions for open meetings addressed in the Govemment in the Sunshine Act, U.S.C. S 552b (1976). The NRC believes that these criteria are appropriate and necessary to ensure the agency's ability to fulfill its regulatory and safety responsibilities and, in appropriate circumstances, to ensure the privacy of individuals.
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L' Although the NRC understands the desire of the public to have conferences in the vicinity of licensed activities, to conduct more than 150 conferences a year at licensee sites would have a significant impact on NRC resources and regulatory activity. Each enforcement conference held by the NRC involves the participation of a number of regional and headquarters personnel and the time away from NRC offices for those managers and inspectors and others would have an adverse impact on their ability to carry out the agency's regulatory mission. (See page ll.C-17 of NUREG-1525, Enclosure 3, for additional discussion on this issue.)
Given the recency of our policy review, I trust you will agree that the review effort you requested would be largely duplicative of our review activities described above.
The NRC appreciates the public's interest in this phase of the regulatory process and has established procedures to assure that the public has appropriate access to such meetings. The NRC ne,rmally announces open confcnnces at least 10 working days in advance of conferences through (1) notices posted in the Public Document Room, (2) a toll-free telephone recording at 800-952-9674, (3) a toll-free electronic bulletin board at 800-952-9676, and on the World Wde Web at the NRC Office of Enforcement homepage (www.nrc. gov /OE). In addition, the NRC normally will also issue a press release for open conferences.
I hope that I have been responsive to your requests on this matter of importance to you and the people of Maine.
Slncerely, Shirley Ann Jackson i
Enclosures:
1.
" Staff Meetings Open to the Public; Final Policy Statement," (59 FR 48340),
September 20,1994 2.
NUREG-1600, Rev.1, " General Statement of Policy and Procedure for NRC Enforcement Actions, (Enforcement Policy)," May 13,1998 3.
NUREG-1525," Assessment of the NRC Enforcement Program," April 1995 4
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