View source for IA-87-661, Partially Withheld Ltr Informing of NRC Plans to Establish Advisory Committee to Negotiate Consensus on Proposed Revs to 10CFR2 Re Submission & Mgt of Records & Documents for High Level Waste Repository Licensing.W/O Draft Charter

{{Adams
| number = ML20236T781
| issue date = 07/30/1987
| title = Partially Withheld Ltr Informing of NRC Plans to Establish Advisory Committee to Negotiate Consensus on Proposed Revs to 10CFR2 Re Submission & Mgt of Records & Documents for High Level Waste Repository Licensing.W/O Draft Charter
| author name = Hoyle J
| author affiliation = NRC OFFICE OF THE SECRETARY (SECY)
| addressee name = Dean J
| addressee affiliation = GENERAL SERVICES ADMINISTRATION
| docket = 
| license number = 
| contact person = 
| case reference number = FOIA-87-661
| document report number = NUDOCS 8712020087
| package number = ML20236T770
| document type = CORRESPONDENCE-LETTERS, NRC TO OTHER U.S. GOVERNMENT AGENCY/DEPARTMENT, OUTGOING CORRESPONDENCE
| page count = 4
}}

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SECRETAAY 1.
a .@w James L. Dean, Director                                                   N Comittee Management Services General Services Administration Washington, D.C.           20405 RE: DP. AFT CHARTER FOR PROPOSED NEW                                                               )'
ADVISORY C^MMITTEE

==Dear Mr. Dean:==

Section 9 of the Federal Advisory Comittee Act, U.S.C. App.1, requires that agencies consult with the General Services Administration prior to                            q creation of a new advisory comittee. In accordance with that                                       j requirement, this is to inform you that the Nuclear Regulatory Consnission                         q has determined that it is necessary and in the public interest to establish                         '
an advisory comittee to attempt to negotiate a consensus on proposed revisions 10 CFR Part 2 related to the submission and management of records and documents for the high-level waste repository licensing proceeding. Your views on the establishment of this comittee are requested. This is the same subject on which your informal views were recently obtained. It is my understanding that OMB has no objection.
In the Commission's view, it is essential and in the public interest that this negotiated rulemaking comittee be established at this time. Section                           j 114(d) of the Nuclear Waste Policy Act (NWPA), 42 U.S.C. 10134, requires the Comission to issue a final decision on the issuance of a construction authorization for the HLW repository within three years after DOE submits the license application (with a one year extension for cause). The HLW licensing proceeding will not only involve novel and complex technical                             j issues, but will also involve millions of documents, a substantially larger                         j number than the volume of documents involved in the average nuclear power reactor licensing proceedinc. In view of this, the Comission does not believe that the use of traditional licensing procedures will enable the Comission to meet the statutory timetable, or will provide all parties with an opportunity for the most effective review of the license applica-tion. In order to meet the statutory schedule, and to providh for the most effective review of the license application by the Commission and other parties, the Comission is initiating measures to streamline the licensing process.
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One of these measures is the development of an infonnation management system that would contain all of the data supporting the DOE license application, as well as all of the potentially relevant documents generated by the NRC and other parties to the licensing proceeding, in a standardized electronic format. All parties would then have access to this system. Because all relevant infonnation would be readily available through access to the system, the initial time-consuming interrogatory discovery process involving the physical production and on-site review of documents by parties to a NRC licensing proceeding would not be             j necessary.                                                                  1 The Comission believes that the process of negotiated rulemaking is the method most likely to achieve the greatest consensus on the rules           i governing availability and access to pertinent documents generated prior    '
to and during the licensing proceeding. In negotiated rulemaking, the representatives of parties who may be affected by a proposed rule, including the Comission, convene as a group over a period of time to try to reach consensus as the basis for a proposed rule which the agency issues for notice and coment. The consensus is not the basis per se for the final rule which the agency will develop after traditional notice and coment procedures. The Comission, however may ultimately find it useful to rely on, or to refer to, the consensus in connection with its adoption of the final rule.
The negotiated rulemakino process facilitates the comprehensive treatment of the rulemaking issues because those groups that may be affected by the rulemaking are present at the discussions and can react directly to each other's concerns and postions. Because of the special makeup of the proposed Comittee, its functions cannot be perfonned by any other organization within this Agency and the necessary advice to be obtained      I from this Comittee is not available in another existing advisory            i comi ttee. There does not appear to be any other means by which such advice may be obtained in such a comprehensive manner. The Comission believes that negotiated rulemaking is an appropriate process for this       )
rulemaking because it will help to establish the credibility of the LSS, i.e., the belief that all relevant documents will be ent m d into the
                                                ~
system and that the system is free from tampering. In tosition, because the LSS will constitute a new process for managing a Comission licensing    ;
proceeding, it is important that affected and knowledgeable organizations   ;
directly participate in establishing the rules for system operation, particularly because individual parties to this proceeding will possess substantial research data that should be placed into the LSS.
The NRC's plan for attaining a balanced membership on the comittee is derived from the several interests that might be affected by this particular rulemaking as f dentified in the response to an earlier Federal Register Notice announcing the Commission's intent to conduct a negotiated rulemaking. Membership will be based on (1) whether the party has a direct, imediate, and substantial stake in the rulemaking, (2) whether

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3 the party may be adequately represented by another party on the committee, and (3) whether the participation is essential to a successful negotiation. The Comission intends to appoint individuals representing the NRC, the :epartnent of Energy, three individual States, two State coalitions, several Indian tribes and Nations, a coalition of nonprofit environmental groups, a coalition of local nongovernmental groups, and the nuclear industry.
We are planning that the first meeting of the committee be held on September 16 and 17,1987. We would appreciate your views at a very early date so that we may take the needed administrative actions well in advance of the plannet meeting date. A copy of the charter for the proposed committee is attached.
Sincerely.
m   ,
                                                                 ' .rb(_       L
                                                                 / John C. H6yle
                                                              / Advisory Comittee Management Officer

==Attachment:==

Charter for the HLW Licensing Support System Advisory Comm,

9/87 NRM ORG MTG 

==SUMMARY==

NEGOTIATED RULEMAKING MEETING 

==SUMMARY==

On September 16-17, 1987 the NRC held the first meeting of the HLW Licensing Support System Advisory Committee in Washington, D.C.. The purpose of this                                    /
                                                                                                                    ~
federal advisory committee is to negotiate a proposed rule on the submittal and management of records and documents related to the licensing of a high-level radioactive waste repository. (See SECY-86-133, SECY-86-308, and SECY-87-140 for more detailed information on the purpose of this rule End the use of negotiated rulemaking).
The meeting was organizational in nature; the majer items on the agenda being to discuss organizaticaal proto'cols, develop a list of issues for negotiation, discuss tranining and informstien needs, and plan an agenda for future meetings.
William Olmstead (OGC) and Francis Cameron (OGC) sit at the negotiating table, respectively, as principle Wnd alternate spokespersons for the NRC.
negotiatingThey  team.receive input from the other NRC Offices through the NRC In accordance with the 10 CFR Part 7.10, Donnie Grimsley (ARM)       is serving  as  the designated Federal Officer for the Advisory Committee. Ken Kalman (NMSS) is the Project Officer.
s                                                                 Other members of the negotiating committee represent 00E, the affected States and Tribes, local governments, utilities, citizens groups and environmental groups.
The next meeting of the negotiating committee will be held in Washington, D.C.
on October 15-16, 1987. At this meeting, NRC contractors will provide the negotiating committee with instruction in the capabilities of electronic information this               managent systems, negotiating, and the legal constraints affecting rulemaking.
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