ML20245H768
| ML20245H768 | |
| Person / Time | |
|---|---|
| Issue date: | 12/31/1988 |
| From: | NRC |
| To: | |
| Shared Package | |
| ML20245H757 | List: |
| References | |
| NUDOCS 8906300082 | |
| Download: ML20245H768 (23) | |
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ANNUAL REPORT FOR 1988:ON ADMINISTRATION OF-GOVERNMENT IN Ti!E SUNSHINE ACT'OF 1976
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UNITED STATES NUCLEAR REGULATORY COMMISSION l
l 8906300082 8906,16 COMMS NRCC PDR CORRESPONDENCE PDC
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s ANNUAL REPORT GOVERNMENT IN.THE SUNSHINE ACT 1.
AGENCY NAME:
U.S.- Nuclear Regulatory Commission 2.
. CALENDAR YEAR:- 1988 3.
-MEETINGS: '.(See definitions in Appendix'A).
A.
Total Number o f Open.......................
10 6 - ( 91% )
i B.
Total Number of Closed......................
11 (9%)
C.
Total Number of Partially Open/ Closed.......
0 (0%)
Total Number'of Meetings................... 117' 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 theLAppendix):.
D.
Total Sessions Open.........................
89.
4 J
E.
Total Sessions Closed.......................
7 o
F.
Total Sessions Partially Open/ Closed........
'4' Total Number of Sessions
................... 100 Appendix B contains a tabulation of open and closed. meetings
'i per month for CY.1988, using both the NRC and the Common Cause methods of counting.
Through.this report, neeting numbers quoted are counts of individual items.
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4.
EXEM?fIONS USED FOR CLOSING OR-PARTIALLY CLOSING MEETINGS (NUMBER O'i TIMES USED) i A.
Exemption 1 3
4 Exemptions 2 & 6 3
Exemptions 5 & 7 4
3
]
o.
Exemption 4 1
Exemptions 2, 5&7 1
)
Total.................................
11 j
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The percent of closed / partially closed meetings decreased to 9 I
percent in 1988 from 24 percent in 1987.
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l B.
NRC's practice regarding the closing of meetings pertaining to the budget,. congressional testimony,'and briefings of agency members by staff is as ' follows:
(1)
Budaet Meetinas.
The U.S.
Court of Appeals for 1
the District of Columbia circuit concluded in j
Common Cause v. HEg, 674 F.2d 921 (D.C. Cir.
j 1982), that there was no exemption under the Sunshine Act' authorizing automatic closure of t
budget meetings.
After Common cause, the Commission has not convened any meetings to discuss the budget.
(2)
Meetinas at which Congressional testimony'is discussed.
In 1988, there were no Commission meetings held to discuss Congressional testimony.
(3)
Briefinos of acency members by NRC staff.
Under the Commission's original Sunshine Act' rules adopted in 1977, all briefings by NRC staff of a quorum of the Commission were considered to be for the purpose of conducting official Commission j
business and were therefore treated as meetings under provisions of the Act.
Under the revised J
rule adopted in 1985, some informational briefings would not constitute " meetings" for Sunshine Act purposes.
Because to date the 1985-revised rule has not been implemented, all i
briefings attended by a quorum of Commissioners have been treated as " meetings."
Of the 117 meetings held by the Commission in 1988, 66 were l
staff briefings, 61 of which were held in public i
session and 5 in closed session.
Meeting records of closed briefings are reviewed for retention / release as described in Section 10 below.
5.
DESCRIPTION OF LITIGATION There were no GISA cases involving NRC filed or otherwise in litigation during 1988.
l 6.
NOTATION VOTING The Commission decision-making process is varied.
First, the Commission votes on certain issues at Commission meetings without casting a formal, prior expression of views in writing tc the Secretary.
Second, the Commission makes use of a 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 I
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J (approval and/or comments) on actions proposed'by.the staff or by individual' Commissioners.
Typical examples include responses to - Congress' en GAO = reports, agreements with-the1 Executive Branch-agencies, export licenses, outgoing Commission-correspondence,.
H proposed rulemaking. actions,- appointments: and reappointments to advisory. committees, and. review of actions.being taken' or about to be-taken under-delegations of authority to'the staff.-
A variation of notation voting is utilized to obtain'
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' Commissioners' views on agency business which by. law-requires a formal 1 vote irt an. open meeting but is not-of such.a complex nature as tcf require iterative conversation between -
Commissioners in the presence of'each other. -After all
. participating Commissioners have expressed their views'in writing,'public Commission meetings are scheduled for the purpose of.a formal _ vote (ratification ofLCommissioners views-on : the issue), with or without discussion as desired.
Examples
,e of matters which are decided in this manner include final rulemakings, responses to certain petitions, and adjudicatory decisions.
7.
PUBLIC OBSERVATION
-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, and an adjoining'conferencefroom, which seats 40 people, are provided with multiple overhead speakers and with a closed-circuit television.
system to ensure that every person desiring to attend a meeting can see and hear as well as any other attendee.
B.
A pamphlet entitled " Guide to NRC open Meetings" is available in the Commissioners' Conference Room and in the Public Document Room.
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.
C.
Copies of any viewgraphs to be used in the course of meetings are made available to meeting attendees at the entrance.to the conference room prior to the j
i commencement of the meeting.
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Copies offthe principal _ staff papers scheduled to be j ~.
-considered at the. meeting are often-provided to public attendees in the conference room.
These. papers are also placed in the Public Document' Room (PDR).at the conclusion of the meeting, along withLviewgraphs and other! material handed out at the meeting..
Additionally,l copies of all papers referenced at the meeting are normally: released to-the.public.
During 1988, 163 meeting-related documents were released.
E.' -
A~ handbook of acronyms and initialisms_.(NUREG-0544, Rev.:2) is on file in the Public Document Room to further help.the public.in' understanding the man technical ~ terms. discussed ~in Commission. papers. y F.
Public. attendees are permitted to tape. record Commission. discussions at open meetings.
G.
It is the-Commission's practice to allow camera and:
televisions _ coverage of open meetings and1 briefings.
.withoutl prior notification.
The use of cameres, including l television. coverage, at open licensing.
proceedings conducted by NRC's licensing and. appeal boards iscalso permitted.
In both Commission meetings
'and adjudicatory hearings, however,. camera equipment-must be operated in a manne.r that is not disruptive to.
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'the' proceedings.
H.
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'Public Document Room 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.
Transcripts of all 106 open meetings in 1988
.are available in the PDR.
8.
PUBLIC NOTICE Each meeting is publicly announced by the methods listed below.
A.
Use of an automatic t'elephone answering machine, which provides a daily recorded message of information on the schedule of Commission for the following four
. weeks, (301) 492-0292.
B.
Publishing in the Federal Reaister the time, date and location of.the next four weeks of meetings, the topic (s) to be discussed, whether the meetings are open or closed, and the name and telephone number of a contact.
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. Posting.inEthe.NRC Public Document Room, 2120 LU.
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' l Street,'N.W., Washington,:D.C. 20555, a~ copy of;the' Federal'Reaister' Notice at the time itLis sent to the 4:
- Federal-Reaister.
M D.L Mailing a: copy of theLFederal Reaister Notice toithose-Lpersons on'a mailing list. maintained for that: purpose'
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(currently overL175 names 7and addresses) at the. time-1 it-is sent to'the Endrral Reaister.
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E.
' Submittal.of-a copy of the. Federal Reaister Notice.to~
t the office'of Public. Affairs-for dissemination to the-news media-(AP, UPI, Energy; Daily, Nucleonics Week, t
e_
-the Washington 1 Post, and: Nuclear-IndustryjMagazine):a,t m
'E the time.it is sent-to?the' Federal Reaister..
j F.
TheLCommission's current and projected; schedule of meetings for the period covered by the Federal'<
l Reaister Notice is'continuouslyascrolled on'a television monitor atithe~ guard's desk in the lobby of
'One WhitelFlint North headquarters building near the entrance to the commission meeting. area..
G..
Telephoning-interested parties.when-.public meetings of particular. interest'are. scheduled'with less.than17 days'-notice.
.TheLCommission 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
-meetingsilf possible.- However, the Commission continues to'be confronted with the requirement to consider urgent. matters:in a timely manner.
The meetingischeduleLis! constantly adjusted to ensure the. business of the commission 7is,not' delayed,.taking' into acccunt Commissioner. availability'and the' urgency'and significance of the meeting topic.
Appendix C contains a tabulatitn of the number of days' notice for'NRC meetings.
In summary, 85 percent of the 1988 Commission meetings (100 of_117) were announced with.7 or.more day's notice while the remaining 1
15 percent were' announced with less than 7 days'. notice.
The j
following observations are made concerning the 17 "short notice" 1
Commission meetings held during 1988:-
There were 14 open and 3 closed "short notice" meetings.
Eleven of the 14 open meetings were affirmation sessions at which the Commission ratified (aff.' rmed),
with little or no. discussion, the views of' individual Commissioners.previously declared Two other meetings
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idealtfwithithe: potential exposure ~of.the publi: to-radioactive. material _from leakingLradioactive. static eliminator devices.
These two meetings:were held'on short notice ^in orderEto make all.available-
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information onfa potential'public health 1and. safety problem'available to the public ascsoon;as possible.
One meeting. dealt'withithe status of.near; term operating licenses and enabled.the Commission to'_
review the schedules of nuclear power plants' which.
were: scheduled to receive licenses.withinithe near r<,
term..
Three. closed meetings were' held'with'less-than 7 days' notice.- Holding these closed meetings lon short notice did not affect public. participation.
]
Whenever a short-notice meeting is added to the' Commission's' schedule, public notice is.immediately issued;through1NRC's:
automatic telephone answering machine, posting of a revised 1 meeting notice in the Public Document Room, displayed on,a-television monitor at the guard's desk in the lobby of One White 1 Flint North,' notification of the Office of Public Affairs and the' office:of Congressional Affairs, and, where appropriate,
.telephoneinotification.to' news media and to interested parties
'to advise them of the additional meeting.. Notice.is also
.promptly submitted to the: Federal Reaister.-
9.:
PUBLIC INTEREST The: Commission, in'adepting its Sunshine regulations.(seej Appendix D), explained how it would employ the.public interest' criterion in exercising agency' discretion to open meetings that could otherwise be closed under one'of-the exemptions authorized in the'Act.
"Section 9.104 (a) of the; rules, like the-proposals of several other agencies, gives presumptive-but'not conclusive' force to the determination that an 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, bl' The Commission' believes that this internal procedure and the -awareness of the commissioners themselves and their advisors of public interest concerns will ensure adequate consideration of the public interest before any decision to close a meeting is made, without need for a formal procedure of the type proposed."
42 Fed. Reg. 12875 (March, 1977)
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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.
The Commissioners review staff's recommendations for closed meetings and consider the advice'of 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 requires three independent levels of review for each transcript or electronic recording under consideration for release.
An initial review is performed by the staff office which was the proponent of the briefing or discussion.
The second review is accomplished by the Office of the General Counsel (OGC).
Finally, the Commission reviews the record and makes the final determination regarding public disclosure.
The review process has resulted in the release of 280 transcripts of closed meetings to the Commission's Public Document Room since the enactment of the Sunshine Act.
The Commission's rules, in accordance with the Sunshine Act, permit records of closed adjudicatory meetings to be kept in minutes, and procedures exist for the review of such minutes.
However, no closed adjudicatory meetings were held in 1988.
B.
Index Systems and Tabulation of Recuests for i
Transcripts. Recordinas and Minutes (Ocen and Closed)
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The Nuclear Regulatory Commission indexes and abstracts 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 mailed on a subscription basis to interested persons.
-g-Appendix E contains a sample entry from the PDR Monthly Accession List, and Appendix El identifies and describes the factors that are indexed.
. Transcripts of all public Commission meetings are usually placed i
in the Public Document Room 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 1988, members of the public j
examined 523 transcripts of public Commission meetings at the NRC's Public Document Room and 848 copies of the transcripts were reproduced.
During 1988, NRC completed action on one FOIA request
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involving the transcript of one closed meeting.
The j
transcript was reviewed by the proponent office, the General Counsel's office and the Commissioners to determine whether any portion was releasable.
After consulting with the Department of Justice, the Commission denied the request in its entirety.
The time required to act on the request was 104 days.
I 11.
REQUESTS TO OPEN MEETINGS The Commission's rules describe the procedure to be followed by a person who wishes to request a change in the status of a l
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 the public interest in opening the meeting.
All requests, formal or informal, are referred to the Commission for decision.
Filing such a petition does not automatically act to stay the effectiveness of the Commission decision or to postpone the meeting in question.
No requests to open a closed Commission meeting were received in 1988.
12.
FORMAL COMPLAINTS There were no formal complaints filed in 1988 relating to closed Commission meetings.
l 13.
EX PARTE COMMUNICATIONS On March 26, 1986, the Commission published in the Federal Reafster (51 FR 10393) a proposed rule on ex carte communications and separation of functions and adopted the rule in final form on March 23, 1988 (see Appendix F).
The rule l
conforms the Commission's regulations regarding ex carte communications between adjudicators and persons outside the agency to the requirements of 5 U.S.C.
557(d).
The rule also
- 4 revises the separation of functions rule to preclude private Commission communications with the NRC staff members about a matter at issue in a formal adjudicatory proceeding only if the staff member is an investigator or litigator in the proceeding.
Prior to adopting this rule, the Commission was precluded from private communications with any member of the NRC staff whether j
or not the staff member was involved in a proceeding.
14.
NRC RULE CHANGE In May, 1985, the Commission published a new interim rule implementing the Sunshine Act with a request for concurrent public comments to be considered before determining whether the the Commission's regulations were somewhat more restrictive than interim rule should be made final.
Prior to the rule change, the Sunshine Act required, and the Commission had interpreted l
them still more restrictively.
The fact that the NRC's restrictive approach to the Act was out of step with Congressional intent became apparent in 1984 with the unanimous i
decision of the Supreme Court in Federal Communications Commission v. ITT World Communications, 466 U.S.
463.
The decision, which relied heavily on the Interpretive Guide to the Sunshine Act (R. Berg and S.
Klitzman, 1978), held that a
" meeting" for Sunshine Act purposes means a discussion "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."
The NRC to date has not implemented the rule and all discussions of agency business by a quorum of Commissioners have taken place i
in Sunshine Act " meetings."
The Commission, after receiving comments on the rule and a briefing from its Office of the General Counsel on January 17, 1986, decided to defer action pending completion of the study of the issue by the American Bar Association.
In February, 1987, the ABA House of Delegates approved a recommendation establishing guidelines for deter-
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mining which types of agency discussions fall outside the i
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statutory definition of a " meeting."
The ABA's action confirms the legal soundness of the NRC's reading of the Sunshine Act's requirements.
The Commission has decided to defer a decision on a final Sunshine Act rule for the time being.
15.
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 are invited and should be addressed to:
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U.S., Nuclear Regulatory' Commission U
Washington,;; D. C.
20555:
-Telephone inquiries;'; cars"be. made', to the' Office of the' Secretary (301) 492-1963.
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y, APPENDICES tt A~
Definition o'f L Meetiings B.-
Tabulation of.Open and. Closed Meetings by Month-C.
Tabulation of' Meetings by Days'. Notice D.
lNRC Regulation as. Amended Implementing the Sunshine Act (10'CFR Sections 9 100-9.109)
'E.
Sample. Entry from Index-
'El,
' Description of;Index Factors F..
NRC Ex Parte (10 CFR Section-2.780).and' Separation of:-
Functions 1 Regulations '(10 CFR Section 2.781)
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' APPENDIX'A l
~ Definition of Meetinas NRC's' Statutory Meetina Requirement i
'The. Nuclear Regulatory Commission is a five-member independent
!regulatoryLeommission established'by the. Energy Reorganization Act of ' 1974 ; (P. L.93-408). 'It'is responsible for assuring;the L
-protection of the;public health and safety.through theilicensing
'i and regulation.ofithe usesLof nuclear. materials.-
Section-201(a) (1)? of the' Energy; Reorganization ' Act, 42~U.S.C. 584 (a) (1),
i provides-that " action. of-the Commission shall be taken by a q
majority vote of members present."
}
Meetinas Defined by Sunshine Act Under NRC regulations, revised in 1985, a " meeting" isLdefined "the deliberations. of at least a quorum of Commissioners
-as.
where such deliberations determine or result in the. joint' conduct or disposition of. official Commission business; thatDis, where discussions are sufficiently focused cn1
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discrete proposals or issues'as.to cause or.to be'likely1to cause.the' individual-
. participating; members to' form reasonably-firm positions regarding matters pending or likely to arise'beforeLthe agency.
Deliberations required or permitted byJSecs'.
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).
This revised definition:has yet to be implemented.
To date, the Commission has. treated gll discussions of agency-business by a quorum of Commissioners as " meetings" for Sunshine Act purposes.
For purposes. of tabulating meetings in this report,L each agenda item scheduled. for discussion or briefing is counted ' as a meeting.,
Each session.at which one or more Commission' papers-were scheduled for affirmation under:the limited notation voting.
procedure' described elsewhere is counted as a meeting.
g Page one includes counts of meeting statistics reported using l
the above definition, and also using the " Common cause method."
The latter method counts ~as one' meeting 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.
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TABULATION <OF-OPEN AND; CLOSED MEETINGS'BY. MONTH F
'CY 1988 OPEN CLOSED OPEN/ CLOSED TOTALL:
' Jan (NRC) 6~
1-0
.7
'(CC) 6 1
0-7
. Feb ' (NRC)..
6 1
0' 7E (CC)-
5 0
1-
-6' l'
.I L
Mar (NRC).
13 4
0' !
(CC) =
9 3
1-13 Apr. (NRC) 4'.
l' 0'
5' (CC)~
3 1
0 4
May. (NRC).
13 0
0 13 (CC) 12
'O O
12-Jun (NRC) 10 1
0-11 (CC) 9 1
0
'10 Jul (NRC) 11.
2 0
~13 (CC) 9
'l 0
10-Aug -(NRC) 13 0
0 13 (CC) 10 0
0 10 Sep -(NRC)'
6 0
0
-6
.(CC) 5 0
0 5-Oct (NRC).
9 0
0 9
(CC).
8 0
0 8
Nov (NRC) 6 0
0 6-(CC) 5 0
0 5
Dec (NRC) 9 1
0 10 (CC) 8 0
1 9
.' YEAR TO DATE
' (NRC) 106 11 0
117
-(CC) 89 7
4 100 i
"CC" = Common Cause method of counting.
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APPENDIX'C
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TABULATION OF. MEETINGS tBY. DAYS' NOTICE CY 1988
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DAYS'-NOTICE OPEN CLQSED OPEN/ CLOSED TOTAL 12 or more 76 5
0
'81 11
^1-0-
0 1-
'10 0
0-0 0
9 0-1.
O' 1
8 4-1 0
5 7
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M Subtotal
- 92 ~
8 0
100 l
6 5
0 0
5.
5 O'
O O
0.
4
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3-0 0
0 0
2-O.
0 0
0 1
O
O O
O Less than 1 2.
2,
_q 11 Subtotal 14 3
0 17' GRAND TOTAL-1954-11
_q 112.
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PART 9 o PUBUC RECORDS L 9.103 i
4 1 9.32 Notices of ernergency disclosures.
%* hen m!ormation concerning an in. -l wl!ully15000. Any person who knowtngly and
~~19.101 Defininons.
requests or obtains any dividual P.as been - disclosed to any g record concerning an individual frotn As used in this subpart:
person ':ncer - compelling circum. ; NRC under false pretenses may be ta) "Comm:ssion" means the colle.
stances affecttng health or safety, the :
gial body of five Commissioners or a
- NRC officer or employee who made or 5." convicted of a criminal misdemeanor E quorum thereof a.s p
- authorized the dtsclosure shall notify t- ',"h"000'Pon conviction may be fined up 3 201 of the Energy Reo
" the tndtvidual at his last known ad.
- c. of 1974. or any subdivision of that col.
j i
legial body authortzed to act on ita w
' dress within five days of the disclo.
5995 f pecific eremptions.
O behalf and shall r.ot mean any body 3 sure. The notice anall contain the fol.
. e!N q uc h c.'
m not composeo of members of that col.
- cring information
- (a) The nature of the information disclosed: (b) the the aegr.sted NRC S3 stems of Records legial body.
person or agency to whom the infor.
(NRC-5. NRC-9. NRC-11. NRC (b) ** Commissioner" means an indl.
mation was disclosed: (c) the date of NR C-21.NRC-:8. NRC-29. NRC-31.
vidual who is as member of the Com.
mission.
the disclosure: a.nd (d) the compelling NRC-J3. NRC-37. NRC-39.and NRC-40) _~"
ctreumstances justifying the disclo-ae ewmpt from S U.S.C. 55:alc)(3). {d).
(c) "Meettng" means the delibers.
sure.
(eyi) (e)W (C). (H). (I). and If) in tions of at lesst a cuorum of Commis.
accor:ance wnh 5 U.S.C. 552alk). Ear.h stoners where suen deliberations deter.
t 45 Fees L:f 6:se records is subject to the mine or result in the joint conduct or ries sha!
r.m bc r..rced for w:ch prous:ons of l 9.61:
- disposition of official Commission for or tr.1eu of records requested (a) Cx. tracts Records Files. NRC-5
g business, that ts. where discussions are a sufficiently focused on discrete pro.
rmat to th:s uboart or for manng (b) Eqi.al Emplo5 ment Opportumty
$ posals or issues as to cause or to be top:cs nr euracts of records in order to Recercs files. NRC-G; o likely to cause the individual partici.
c tiem a....We for tr'ur w. Tees g lel General Personnel Records
" pating memoers to form res.sonably-u E i+. hW r m..nt to 31 L' S C nh
' lOfbl Personnel FWer and Related firm positions reearding matters pend.
I
. A l' S C ?.7. O'" e 2. be tr. vert
.? Receras)..NRC-10 lng or likely to arise before the
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- oys w s :y w.;.e synwnee m A {d) Investigative Offices Index. Files.
agency. Deliberations required or per.
ci 4. vpy of and Assocsated Recoros.NRC-18; mitted by 119.105,9.106, or 9.108(c) do N e :n -.
nca uh.. :5-not constitute " meetings" within this f.. cw t: % Tm m 3 Au of l@l (d Personnel Performance Appraisals.
definition.
NRC-tt
- r. t 9 U.c LL.. D mn of R;.cs W Re ads..,..ws me fee becant u, if) Recruiting. Examining, and (d) " Closed meettng" means a meet.
~
- r.e mle.M of tr..ndaid% to y or Place
- nent Records. NRC-28:
Ing of the Commission closed to public 3
.,c< me r.n me :t.r t ecurcs n a.o.ble (g) Document Control S) stem. NRC-observation s.: provided by I 9.104.
n 2 nut cont. or at a rrduction in enst. is 21' te)"Open meeting" means a meeting te nw n.r in :r.c pubhc mierest.
[h) Correspondence and Records of the Comrnission open to public ob.
Branen. Office of the Secretary,NRC-3t servation pursuant to this subpart..
(f) " Secretary" means the Secretary otroactMENT (i) Spects) Inquiry File. NRC-33; to the Commission.
8 9.90 Violations.
0)laformation Security Files and (g) " General Counsel" means the Associated Records. NRC-37; General Counsel of the commission as
'al An injunction or other court order may be obtained pursuant to 5 (k) PersonnelSecunty Files and provided by section 25(b) of the U.S.C. 552a(g)(13) to compel NRC to Atsociated Records. NRC-39; and awn 2 Energy Act of 1m and section permit an individual to review, amend fi) Facility Secuttty Support Files and 201(f) of the Energy Reorganir.ation or copy a record pertaining to him, or Associated Records. NRC-40.
Act of 1974. and, until such time as to be accompanied by someone of his ""
, the offices of that officer are in the own choostng when he reviews his
- a. same location as those of the Commis.
$ sion, any member of his office special.
record. A court order may be obtained Subpert C-Government in the e ly designated in writtng by him pursu.
for the payraent of a civil penalty im-posed pursuant to S U.S.C. 552a(g)(4) <
Sunshine Act Regulations w ant to this subsection to carry out his
'f0 5 **# ' '*
- 8 '
U responsibilities under this subpart.
if NRC intentionally or willfully fails l ';d v..
- mipart pres.cnbes proceders g g gg g,g
{
- to maintain a record accurately. or
- falls to comply with any provision of 5 pmuent to whie.h NRC rneetmgs shall Commissioners shall not jointly con.
- U.S.C. 552a. or any provtston of this be ccen to pubbe observaton pursuant duct or dispose of Commission bust.
x subpart. if such failure results in an
- adverse determination or has an ad. *u to the provts
- uns oI5 U.S.C. 352b. This ness in Commission meetings other wbpan does not 6ffect the prot.edures than in accordance with this subpart.
' verse effect on an individual. Court, $ puncant to which NRC records are Except as provided in 19.104, every costs and attorney's fees may be a awarded in cwil actiorts.
r.ade m ailable to the public for portion of every meeting of the Com.
(b) Any officer or employee of NRC *% instiection and copying which remain mission shall be open to pub!!c obser.
I, who willfully maintains a system of 8overned by Subpart A. except that the U"'
records without meeting the notice re.
mGnons set forth in i 9404 qutrements of 5 U.S.C. 552a(e)(4), or gm em m the c6se of any reque(a) shall f 9.103 Ceneral prorielone.
st made who willfully discloses information parstant to { 9.23 to copy or inspect the The Secretary shall ensure that all i
knowing such disclosure to be prohib.
transcnpts. recordings, or minutes open Commission meetings are held in ited by 5 U.S.C. 552s or by any rules or descr; bed in i 9.108. Access to records a location such that there is reasona.
i regulations issued thereunder, may be gutity of a crinunal misdemeanor and considered at NRC meetmgs shall ble space and adequate visibility and l
upon conviction may be fined up to continue to be govemed by Subpart A of acoustics. for public observation. No
-this part.
additional right to participate in Com.
mission meetings is granted to a.ny 1
I l
l l
i December 31,1987 9 12 t
i L
L_
i
l O
y 4
9'105 9.103 PART 9 e PUBLIC RECORDS l person by this subpart. An open meet.
2236 or fonnally censuring any which would not have been provide ing is not t, art of the f ormal or infor-person:
or made otherwise: (2) if opentng y 0 mal record of decision of the matters (6) Disclose information of a person-meetmg or ctsclosing any informatto "
5 discussed therein except as otherwise al nature where such disclosure would would reveal legal or other polic.,
$ required by law. Statements of views constitute a clearly unwarranted inva-advice. puolic knowledge of w hic.
- or expressions of opinion made by slon of personal pnvacy; could substantially affect the outcom 7 Commissioners or NRC employees at (7) Disclose Investigatory reports or conduct of pending or reasonabi open meetings are not intended to rep.
compiled for law enforcement pur-anticipated litigation or negotiation:
resent final determinations or beliefs.
poses, including specifically enforce-or (3) If opening any meeting or dir ment of the Atomic Energy Act of closing any informattun would revet r-a Such statements may not be pleaded, 11954. as amended. 42 U.S.C. 2011 et information requested by or testimon cited. or telled upon before the Com-see., and the Energy Reorganization or proposals to be given to other agen i mission or in any proceeding under Act of 1974. as amended. 42 U.S.C.
cies of government including the Con,
y Part 2 of these regulations (10 CFR 5801 et seq., or information which Lf gress and the Executive Branch befor !
wntten would be contained in such the requesting agency would receiv j
- Part D except as the Commission may records, but only to the extent that t direct.
the information, testimony or propos j the production of such records or in-als. The examples in the above sen >
[ing open Comrnission meetings may formation would: (1) Interfere with en-and are not intended to be tence are for illustrative purposes onl)
Members of the public attend-forcement proceedings. (11) deprive a s
person of a right to a fair trial or an 3 use small electronic sound recorders to impartial adjudication. (111) constitute 6 9.105 Commnsion procedures.
record the meeting, but the use of g
an unwarranted invasion of personal (a) Action under i 9.104 shall bt !
- other electronic recording equipment privacy, tiv) disciose the identity of a taken only when a majonty of the Oa.nd cameras requires the advance confidential source and, in the case of entire memoership of the Commissior,
{uT1tten approval of the Secretary.
a record comptied by a criminal law votes to take such action. A separatt ertforcement authority in the course vote of the Commissioners shall bt 8 9.104 Closed meetings.
of a enminal tavestigation. or by an taken 51th respect to each Comrnis :
(a) Except where the Commission agency conducttng a lawful national sion meettng a portion or portions o! !
finds that the public interest requtt securtty intelligence mvestigation. con-which are proposed to be closed to the s
f W
u i
M k mm a i W w wm M '
otherwise. Commission meetings sh be closed. And the requirements of by the confidential source. (v) disclose spect to any mformation which is pro
{ t 9.105 and 9.107 shall not apply t investigative techntques and proce-posed to be althheld under i 9.105(c) dures. cr (vi) endanger the life or e A single vote may be taken with re-any information pertaining to such h physical safety of law enforcement $; spect to a senes of meetings, a portion meeting otherwtse required by this subpart to be disclosed to the public. personneh 0 or portions of which are proposed tc where the Commission determines in "m (8) (Reserved) m be closed to the public, or with respect.
accordance with the procedures of - (9) Disclose information the prema
- to any information concernmg such l 4 ture disclosure of which would be O senes of meetings, so long as each '
l 9.105 that opening such meetings or portions thereof or disclosing such in-likely to significantly frustrate imple-meeting in such senes involves the formation. is likely to:
mentation of a proposed Commission same particular matters and is sched.
action, except that this subparagraph uled to be held no more than thirty !
(1) Disclose matters that are (1) spe' shall not apply in any instance where days after the initial meeting in such cifically authonzed under enterta es-the Commission has e.fready disclosed senes. The vote of each Commissioner tablished by an Executive order to be to the public the content or nature of participating in such vote shall be re i kept secret in the interests of national its proposed action or where the Com-corded and no proxies shall be ab c defense or foreign policy, and (11) in mission is required to make such dis-lowed.
kfact properly classailed pursuant to closure on its own initative pnor to (b) Within one day of any vote taken,
- such Executive order".
taking final action on such proposah pursuant to paragraph (a) of this sec. !
2 (2) Relate solely to the internal per*
or
'isonnel rules and practices of the Com-tion, t 9.106(a) or i 9.10B(cs the Secre '
(10) Specifically concern the Com-tary shall make publicly available in V mission:
mission's issuance of a subpoena, or the Public Document Room a wntten (3) Disclose matters specifically ex-the Commission's participation in a copy of such vote reflecting the vote empted from disclosure by statute civil action of proceeding or an action of each member on the question. If a (other than 5 U.S.C. 552) provided or proceeding before a state or federal portion of a meeting is to be closed to that such statute (1) requires that the administrative agency, an action in a the public, the Secretary shall, within matters be withheld from the public in foreign court or international tribunal, one day of the vote taken pursuant to such a manner as to leave no discre-or an arbitration, or the initiation.
paragraph (a) of this section of tion on the issue, or (11) establishes conduct or disposition by the Commis-
! 9.106(a), mate publicly available in particular criteria for withholding or sion of a particular case of formal the Public Document Rooto a full refers to particular types of matters to agency adjudication pursuant to 5 written explanation of its action clos '
be withheld; U.S.C. 554 or otherwise involving a de-ing the portion together with a list of )
(4) Disclose trade secrets and com-termination on the record after an op-all persons expected to attend the mercial or financial infonnation ob-portunity for a hearing pursuant to meeting and their aff1111 tion.
tained from a person and privileged or Part 2 or similar provisions.
(c) The notices and lista required by confidential, including such informa-(b) Examples of situations in which paragraph (b) of this section to be r tion as defined in i 2.790(d) of this Commission action may be deemed to made public may be withheld from the title; be significantly frustrated are: (1) If public to the extent that the Commis-(5) Involve accttsing any person of a opentng any Commission meeting or sion deternunes that such information crime, imposing a civil penalty on any negotiations would be likely to disclose itself would be protected against dis-person pursuant to 42 U.S.C. 2282 or information provided or requests made closure by i 9.104(a). Any such deter.
42 U.S.C. $846, or any revocation of to the Cornmtulon in confidence by mination shall be made independently any license pursuant to 42 U.S.C. Sec.
persons outside the Commission and of the Commission's determination r 9-13 December 31,1987 (reset) i t
[
9J 09ei PART 9 e PUBUC RECORDS 9.1081 bi i
pursuan'. to paragraph (a) of this see. ~ (b) The time or place of a meeting time of the public announcement of tion to caose a meettng, but in accord.
may be changed followmg the public announcement required by paragraph the meeting, or If there is no pub!!c ance with the procedure of that sub-section. Ariy such determination. m.
(a) of this section only if the Secretary armouncement at the earliest practica.1 ciuding a written explanation for the publicly announces such changes at time, that, in his or her opinion. the action and the specific provision or the earliest practicable time. The sub-meettng may be closed to the public provisions of i 9.104(a) relied upon.
ject matter of as meeting, or the deter-and shall state each relevant exemp-I must be mace publicly avadable to the mmation of the Commission to open tive provision urtless the Commission extent permitted by the circum.
or close a meeting, or portion of a votes pursuant to I 9.105(c) that such
- stances, meeting, to the public. may be certification is protected against dis-closure by 19.104(a). A copy of such chartged following the public an-certification. together with a state-9 9.106 Persons affected and monons for nouncement required by this subsec*
reconsideration, tion only if: (1) A ma)ority of the ment frorn the presiding officer of the (a) Whenever any person whose in-entire membership of the Commisston meeting setting forth the time and terests may be directly affected by a deterrnmes by a recorded sote that place of the meeting, and the persons portion of a meeting requests that the Commission bustness so requires and present, shall be retained by the Com-Commission close such portion to the that no earlier announcement of the mission. The Cornmission shall matn-public for any of the reasons referred change was possible, and (2) the Secre-tain a complete transcript or electron.
to in paragraphs (a) (5). (6), or (7) of tary publicly announces such change ic recording adecuate to record fully i 9.104, the Commission, upon request and the vote of each member upon the proceedings of each meeting, or of any one Commissioner shall vote
$h change at the earliest practicable portion of a meeting closed to the 8'
public, except that in the case of a by recorded vote whether to close such meeting, or portion of a meeting.
(c) Irnmediately followmg each (b) Any person may petttion the public announcement required by this closed to the public pursuant to para.
Commission to reconsider its action section. notice of the time, place, and graph (c)(10) of 19.104. the Commis.
[
under i 9.105(a) or paragraph (a) of subject matter of a meetmg. whether sion shall mamtam such a transcript.
i the meettng this section by f!!ing a petttion for re ;. change in one of the precedmgis open or closed, any or recording or a set of minutes. Such minutes shall fully and clearly de-
, consideration with the Commission
,and
- within seven days af ter the date of g the name and phone number of the of.
scribe all matters discussed and shall 3 such action and before the meettng in $ respond to requesta for information k therefo
- question is held-
. Including,
petition for reconsideration ' mitted for publication in the PrDMAL & ltem and th a description of (c) A
- filed pursuant to paragraph (b) of this e
Recrstn.
ecord of any rolicall section shall state specifically the (d) The STounds on which the Commission public announcement a vote (reflecting the vote of each Com-action is claimed to be erroneous, and Quired by paragraph 'al of this sectionre
- missioner on the question). All docu-shall consist of the - retary:
menta considered in connection with shall set forth, if appropriate, the (1) Publicly posku '. copy of the any action shall be identitled in such public interest in the closmg or open-document in the rublic Document ing of the meetmg. The filing of such a petttlon snall not act to stay the ci-Room at 1717 H Street, N.W., Wash-(b) The Commission shall make festiveness of the Commission action ington. D.C.; and, to the extent appro-pmmpe avana eW e pu m. m or to postpone or delay the meettng in priate under the circumstances; the Public Document Room, the tran-j (2) Mailing a copy to all persons script. electroruc recording, or mmutes question unless the Commission orders otherwise.
whose names are on a matting list (as required by paragraph (a) of this maintained for this purpose; section) of the discussion of any item (3) Submitting a copy for possible on the agenda, or of any item of the 0 9.107 Public announcernent of Commis*
sion rneetinta.
publication to at least two newspapers testimony of any witness received at of general circulation in the Washing-the meeting, except for such item or (a) In the case of each meeting, the ton. D.C. metropol; tan area.
Items of such discussion or testimony Secretary shall mage public announce.
(4) Any other means which the Sec.
as the Commission determines pursu-ment. at least one week before the retary believes will serve to further ant to paragTaph (c) of this section to meeting, of the time, place, and sub-inform any persons who might be in, co ain informatio u hich be ject matter of the meeting, whether it
- terested, is to be open or closed to the public.
and the name and phone number of (e) Action under the second sentence i
the official designated by the Commis-of paragraph (a) or (b) of this section or a transcription of such recording slon to respond to requests for infor-shall be taken only when the Commis-disclosing the identity of each speaker, mation about the meeting. Such an.
sion finds that the public interest in shall be furnished to any person upon nouncement shall be made unless a prompt Cornmission action or the need payment of the actual cost of duplica-i majority of the members of the Com-to protect the common defense or se-tion or transcription as provided in f
mission determines by a recorded vote curity or to protect the public health l 9.14. The Secretary shall maintain a or safety overrides the public interest complete verbatim copy oi the tran-that Commission business requires that such meeting be called at an ear-in having full prior notice of Commis-script a co pe py t utes slon meetings.
p
,o e
go lier date, in which case the Secretary t of each meettng, or portion of a meeting, e time pl e ds et tter of 8 9.108 Certification, transcripts, record-closed to the pubile, for a period of at auch meeting, and whether open or ings and minutes-least two years after such meeting, or e
until one year after the conclusion of closed to the public, at the earliest 4 (a) For every meeting closed pursu-any Comnussion proceeding with re-practical time.
U ant to paragraphs (a)(1) through (10) spect to which the meeting or portion K of 9 Z pur{su.104 and for every dete:Tntnation was held. whichever occurs later.
ant to 6 9.105(c), the General
' Counsel shall publicly certify at the December 31,1987 (reset) 9-14 I
PART 9 e PUBLIC RECORDS
" (c)in the case of any meeting closed d!Nb) For purposes of this subnert tr.e from whom discovery is or will t pursuant to i 9.104, the Secretary of i term"empiope of the NBCi hudo all sought, areas of inquiry, length ( -
the Commission, upon the advice of 4 NRC personnei as mat mm is cenneo m time away from duty involved, ar.
the General Counsel and af ter consul I ! 9.3 of this part. meiudmn NRC identification of documents to be use tation with the Commission. shall de' 7 in each deposition, where appropriat.
termme which, if any, pertions of the " contractors.
electronic recording, transcript or min (c) The General Counsel will notti n
- utes and which, tf any, stems of infof*
(c) This subpart is intended to pro-the employee and such other persor.
g mation withheld pursuant to i 9.105(c) vide instructions regarding the inter-as circumstances may warrant of P-g contain information which should be nal operations of the NRC and is not g
- withheld pursuant to i 9.104. in the intended, and does not, and may not, 3 event that a request for the recording, be relied upon to create any right or p 9.203 Procedure where response trans'r pt, or minutes is received benefit, substantive or procedural, en' demand is required prior to recenir within the penod durmt which the re.
forceable at law by a party against the instructions.
.:ording, transertet, or mmutes must NRC.
If a response to the demand is rt be retained, under paragraph (b) of N"
"' I*
this section.
5 9.201 Production or disclosure prohibit.
the General Counsel are received, ed unless approied by appropriate NRC cfficial U.S. attorney or NRC attorney desir (d) If at scme later time the Com-mission determmes that there is no No employee of the NRC shall. in re-nated for the purpose shall appes further justification for withhciding sponse to a demand of a court or other with the employee of the NRC upo-whom the demand has been made an judicial or quasiqudiefal authority, of information from the public which produce any matertal contained in the shall furnish the court or other atI any transcript, recording or other item h i ith " ## U has previously been withheld, then files of the NRC or disclose through such information shall be made avail
- testimony or other means, any infor-e ntained in this subpart and inforr.
able.
mation relating to matertal contained the court or other authority that th in the files of the NRC, or disclose any ~ demand has been, or is being. as th',
, f 9.109 Report to Congress.
Information or produce any maternal ; case may be, referred for the promo !
- The Secretary shall annually report acquired as part of the performance of ; consideration of the appropriate NRC U to the Congress regarding the Cem.
that employee s official duties or offt m official and shall respectfully reques aa tmssion.s compliance with the Govern-cial status without prtor approval of
- the court or authonty to stay the
~ ment in the Sunsh.ne Act, including a the General Counsel of NRC.
3 demand pending receipt of the re quested instructiorts. In the event tha tabulation of the total number of open i 9.202 Procedure in the event of a meetings, the total number of closed demand for production or disclosure.
an trnmediate demand for productior meetings, the reasons for closing such or disclosure is made in circumstance:
(a) Prior to or simultaneous with a meetings and a description of any liti ~ demand upon an employee of the NRC
. which would preclude the proper des gation brought against the Commis ';; for the production of material or the Ignation or appearance of a U.S. os NRC attorney on the employee's sion pursuant to the Government in a disclosure of information described in the Sunshine Act, including any cost $ 19.200, the party seeking production behalf, the employee shall respectful.
the Commission in
- or disclosure must serve the General ly request the demanding authonty -
assessed against such litigation (whether or not paid by Counsel of the NRC with an affidavit for sufficient time to obtain advice of t
the Commissions counsel.
or statement as described in para.
graphs (b) (1) and (2) of this section.
g 9.204 Procedure in the event of an ad.
Whenever a demand is made upon an verse ruling.
Subpart D-4roduction or Disclosure employee of the NRC for the produc-In Response to Subpoenas or De.
tion of material or the disclosure of in.
If the court or other judicial or monds of Courts or Otht r Authore.
formation described in i 9.200, that quast judicial authority declines to 4
N' employee shall immediately notify the stay the effect of the demand in re ~ l General Counsel. If the demand is sponse to a request made in accord i 8 9.200 Scope of subpart.
made upon a regtonal NRC euployee, at.ce with ( 9.203 pending recetpt of in.
(a) This subpart sets forth the pro-that employee shall immediately structions, or if the court or other nu.
cedures to be followed when a subpoe.
notify the Regtonal Counsel who, in thority rules that the demand must be l Una order, or other demand (herein.
turn, shall immediately request in.
compiled with irrespective of instrue.
f after referred to as a demand ) for structions from the General Counsel.
tions not to produce the material or 4bXI)If oral testimony is sought by
{ the production of NRC records or dis-the demand. a summary of the testi-disclose the information sought, the ~
closure of NRC Information, including employee upon whom the demand has )
a testimony regarding such records, is mony desired must be furnished to the e, issued by a court or other judlefal or General Counsel by a detailed afffda' been made shall respectfully decline to vit or, if that is not feasible, a detailed comply with the demand. citing these quaal. judicial authority in a proceed
- statement by the party seeking the regulations and United States ex ret ing, excluding Federal grand jury pro-testimony or the party's attorney, TouAy v, Rapen, 340 U.S. 462 (1951).
ceedings, to which the NRC is not a This requirernent may be waived by
~
party. Information and documents the General Counsel in appropriate l
subject to this subpart include:
circumstances.
l (1) Any material contained in the (2) The General Counsel may re-Appendst A [removedl 30 FR 50283 l
files of the NRC; quest a plan froro the party seetting (2) Any infonnation relating to mm.
discovery of all demands then reason.
terial contained in the files of the ably foreseeable, including but not NRC.
lirnited to, names of all NRC personnel 945 December 31,1987 l
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ADDendix F s-2.770 2.78 Ha n PART 2
- RULES OF PRACTICE FOR DOMEST1C LICENSING PROCEEDINGS Tmas. Dsetsso,,
where such schedules tnay differ from anowingly causes to be made a
=
(
those elsewhere prescr1Ded in these l
, 31.710 Final decision, rules or where these rules ao not pre-communication erotubited by this
(;
(a) The Commmion wt11 ordinartly scribe a senedule:
section shall ensure that it sna any 2 consider the whole record on review.
(b) Rule on tnotions for extensions responses to the communication 2 but may Ltmit the tasues to be revtewed ! of time:
promptly are served on the parties and h and consider only findmgs a.rld conclu g placed m the puohc recora of the
)
e t o b is p din sions that were briefed af ter the filing proceeding. In the case of oral of a notice of appeal.
communications. a written summary scribed by the Secretary or the Asstst.
must be served ano placed m the public
-' ant Secretary or established by an record of the proceedmg.
(b) The Commission may adopt, order, rule, or regulatton of the Com.
(d) Upon receipt of a communication rnodify, or set aside the findings, con-mission unless good cause is shown for knowingly made or knowineiy caused to clustons and order in the trutta.1 dect-the late filing".
be mmoe by a party m violanon of this l ston, anc will state the basis of its (d) Prescribe all procedural arrange-section. tne Commission or other action. The final decision will be in a
l writing and willinclude:
ments relating to ar.y oral argument adjudicatory empioyee presidmg m a to be held before the Commission:
- (1) A statement of itndings and con- "".
proceeding may to the extent consistent clusions, with the basts for them on all (e) Extend the time for the Commis-with the mterests of justice and the material issues of fact, law or discre, sion to rule on a petition for review policy of the underlying statutes. require tion presented:
- under 10 CFR 2.788(b);
the party to show cause wnyits claim or (2) All f acts offletally noticed:
ll: (f) Extend the time for the Comma.
intet est m the procecome abould not be a ston to grant reytew on its own motion dismissed. denied. disrega rded. or i
material ~ under 10 CFR 2.788(a).
otherwise noverseiy affected on account
.% (3) The ruling on each (g) Extend time for Commission crf the violation.
f issue: and review on tLa own motion of a Direc.
(e)(1)The prohibitions of this section j
_ tor's denial under 10 CFR 2a06(c);
apply-h j
7 (i) When a notice of hearms or other j
e-comoarable oroer is issueo m 2 (4) The appropriate ruimg, or:ter, or j (h) Direct pleadines troproperty filed j
dental of rebef, with the effective a before the Commmion to the appro-accoroence with li 2.104f al. 2.105(e)(2).
8 2.202f el. 2.204. 2205f e). or 2301 or (date.
- priate adjudicatory board for action
(ii) Whenever the mterested person or i_.
ft 2.771 Peuuan for reconsidermuon.
Commission adiodicatory employee
~
responsible for the communicahon has
~
(1) Deny a request for heartngs, o knowledge that a notice of heanng or C mm kofs' p es ther compara ble order will be issued in ere a Ina dec n ay be 1 y
r s
a within ten (10) days af ter the date of r reau e
- the decision. No petition may be filed ments set forth in this part, and f ails $ "".,#
with respect to an initial decision to set forth an arguable basis for fur..
ch 2R 2 Met or N' which has becorne final through fail =lll ther proceedings:
- (2) The prohibitions of this section t
,ure to file a notice of appeal.
(j) Refer to the Atornie Safety and cease to apply to a pane Licensing Board Panel or an Adminas.
commutucations relevant to the ments
=
- trative Law Judge, as appropMte, re, of a full or partialinitial dectsion when.
(b) The petition for reconsideration
- questa for hearmas not fal!!nr tinder in accordance with 12J88. the time has shall state specifically the respects in i 2.104 of this part. where the request.
expired for Commission review of the which the final dectston is claimed to
, be erroneous. the grounds of the pett-er is entitled to further proceedings:
Atomic Safety and Licensms Appeal and i
Board's decisions on the full or partial lll tion, and the relief sought. Within ten Uc) Take action on mmor procedural irutral decision.
i s (10) days after a petition for reconsid'
,, eration has been filed any other party
-matters.
(f) The prohibitions m this secuon do may file an answer in opposttion to or >._
not apply to-in support of the petition. However.
Restricted Commumcauons
' (1) Requests fer and the provtsion of the staff may file suen an answer status repons; within twelve (12) days after a petition l2J80 Em carte comm>snications.
(2) Communications specifically
_for reconsideration has been filed.
In any proceed;ng under this permitted by statute or regulation:
subpart-(3) Communications made to or by 2 tc) Neither the !!!!ng nor the grant.
(a) Interested persons outside the Commission adjudicatory employees in e' irts of the petition shall stay the dect-
= ston unless the Commisaton orders agency may not make or knowmgly the Office of the General Counsel (otherwise, cause. to ir maae to any Commission re:rarding matters pendmg before 6 cour:
adludicaten emotovetJ any en parte or another agency; and a communir anon relevant to Ine merits of (4) Comrnunicahons regardm; genenc 8 2.772 Authority of the Secretary to rule 2 the tenceedme, issues mvolving public healin anc safeiv on procedural matters.
lbl Commmsion adiudicaton or om statuton nsoonsibilities of the other E etnolovees mar not request or e itertain egency N po remamgs, t.egnssmal When briefs, motions or h papers hated herem are submitted to ? from any interhsted person outsrae tne heartnFs on leg:slation, buo.petary
- the Comm ssion itself na opposed to e officers who have been delegated au*
agency or make or knowmgiy cause to plannmg) not associated with the t thortty to act for the Commisaton, the be made to any mierested person resolution of any proceedmg under this
- Secretary or the Assistant Secretary outside the scenev. and ex parte subpart pendmg before the NRC.
commurucanon relevant to t.ne ments of f23sI separateon of functions.
proceedm2 a
es e schedules for the filing (alin any proceedmg under this of briefs motions, or other pleadings.
(c) Anv Con.msumn ao:uc,icator) subpart, any NRC officer or employee employer uno receives. manes or engaged in the performance of any March 31,1988 2 34
e
+-
( ;
e 2.781ia 2.785(al PART 2 o RULES OF PRACTICE FOR DOMESTIC LICENSING PROCEEDINGS investigative or litigatme function m that paragraoh f a) of this section shall ensure
" l 2J05 Functions of Atomac Safety ano proceeome or m a factually reisted that it and any resoonses to the ucename Appeae soaro.
proceedirig may not particteate m or commurtication are piaced m the pubhc (al The Commission nas authorized advise a Commission adjudicatory record of the proceco,mg ano serveo on Atomic Safety and Licensing Appesi empioyee soout the intitial or imal the parties. In tne case of oral Boatos to exercise the autnontv and -
decision on any disputed issise in tnat commumcations. a wntien summarv
. perform the review functions wnich proceedme except-must be served and placea m the puche : would otherwise base oeen exercised -
(1) As witness or counselin the record of the proceeding.
" and performeo by the Commission.
preceeding-a pply-7, il 2360 throuah 2171.1912, and 2.913 (d) (1) The prohibitions m tms secuan i meiudme. but nos hmited to. ihose under (2)Througn a wntten commumcation served on all parties and mace on the (i) When a notice of heanne or otner in til proceedmes conoucted pursuant to record of the proceeomg: or comparable oroer is issued in Subpart G of this part and 121 such other (3) Througn an oral commumcation accordance with il 2.104(al. 2.105f el[21 proceedings as the Commission may mace both witn reasonable pnor notice 2.202f c). 2.204. 2.205(e). or 2J03; or specify.
to all parties and with reasonable (ii) Whenever an NRC officer or opporturutv for all parties to respond.
employee who is or has reasonable (b) The prohibition in parairrapn (al of cause to believe he or she willbe this section does not appiy to-eneaged in the performance of an (1) Commumcations to or from any investigative or utigarmg function or a Commission adjudicatory employee Commission adjudicatory employee has regardmg-knowledge that a notice of heanng or (i)The status of a proceedme; other comparable order will be issued in lii) Matters with regard to which the accordance with li 2.10.sla). 2.105fe)(2).
commumcations specifically are 2.202f cl. 2.204,2.205Iel, or 2303.
permitied by statute or reeuiation:
(2)The prohibitions of this section (iii) Agency participation in matters will cease to apply to the discuted pendmg before a court or anoiner issues pertment to a full or partial mitial o
agency:or d decision wnen. in accordance witn liv) Cenene issues mvolvmg public 3 12J86, the time nas expired for health and safety or other statutory i Commission review of the Appeal l
3 responsibilities of the agency (e.g.,
Board's decision on the full or partial 3 rulemakings,congressionalheanngs on ; initial decision.
- legislation budgetary plannmg) not (e) Communications to, from, and associated with the resoluuon of any between Commission adjudicatory
- proceedmg under this subpart pendmg employees not prohibited by this section before the NRC.
may not serve as a conduit for a (2) Commumcations to or from communication that otherwise would be Comrnissioners. members of their prohibited by this section or for an ex personal staffs. Commission parte communication that otherwise adjudicatory employees m the Office of would be prohibited by-l 2J80, the General Counsel. and the Secretary (f) If an mitial or final decision is -
and employees of the Office of the stated to rest in whole or m part on fact I
Secretary. regardmg or opmion obtamed as a result of a (i) Initiation or duection of an commumcation authonzed by this invesugation or initiation of an section, the substance of the enforcement proceedmg:
commumcation must be specified in the (ii) Supervision of agency staff to record of the proceedmg and every party ensu e compuance with the general must be afforded an opportumty to pohcies and procedures of the agency:
controvert the fact or opmion. if the (iii) Staff pnonties and schedules or parties have not had an opportunity to the allocation of agency resources: or controvert the fact or opmion pnor to liv) Cencral resuiaiort. scientific. nr the filing of the decision, a party may engineenng pnnc'iples sttal are useful for cuntrtnert the fact or opmion by himc an understandme of the issues in a un appeal from an initial decisinn. or a proceedm;r anc are noi comestea m tr e petition for reconsideration of a fmal procecomg.
decision that cleany and conciselv sets
- 13) None of the commumcations forth the triformation or arcument rehed permitted by paragraph (b)(2)(ll-fiiil of on to snow the contrarv. If appropnate.
j this section is to be associated by the a pany may be atforced the opporiumty l
Commission adjudicatory emolovee or for cross-exammation or to present
{
the NRC officer or employee periorrnmg rebuttal evidence.
l investreatise or litigatmg functions witr-the resolution of any proceedme unoer f
this subpart pendma before the NRC.
2
=
(c) Anv Commission adiudicatur)
- Arome SArrvy 4No LacrNstNo Arren
'I employee u no receives a E
BoAliD d
commumcation prohibited under 1
L 2 34a March 31,1988
{
is s.ss t l
i e
_L._____
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