ML23159A123
| ML23159A123 | |
| Person / Time | |
|---|---|
| Issue date: | 11/15/1995 |
| From: | Hoyle J NRC/SECY |
| To: | |
| References | |
| PR-050, 60FR57370 | |
| Download: ML23159A123 (1) | |
Text
ADAMS Template: SECY-067 DOCUMENT DATE: 11/15/1995 TITLE: PR-050 - 60FR57370 - RULENET COMMUNICATION PROGRAM; FIRE PROTECTION REGULATIONS CASE
REFERENCE:
PR-050 60FR57370 KEYWORD: RULEMAKING COMMENTS Document Sensitivity: Non-sensitive - SUNSI Review Complete
STATUS OP RULEMAXING PROPOSBD RULB: PR-050 OPEN ITEM (Y/N) Y RUL* IIAIIB: RULDBT COllXUNICATIOH PROGRAM; PIRB PROTECTION RBGULATIOHS PROPOSBD RULB PBD RBG CITB: 60FR57370 PROPOSBD RULB P'OBLICATIOH DATE: 11/15/95 NUMBER OP COMMENTS:
ORIGINAL DATB POR COMMENTS: I I EXTENSION DATE: I I PINAL RULB FED. REG. CITB: FINAL RULE PUBLICATION DATE: I I NOTES OH COKMENTS TO BB COLLBCTED BY CHIP CAMERON VIA RULENET. RULENET TATUS PILOT TO RUN FROM JANUARY 2 THROUGH FEBRUARY 9, 1996.
P RULB TO PIHD THB STAPP CONTACT OR VIEW THE RULEMAXING HISTORY PRESS PAGE DOWN KEY HISTORY OP THB RULB PART APFBCTED: PR-050 RULB TITLB: RULBHBT COMMUNICATION PROGRAM; FIRE PROTECTION REGULATIONS PROPOSED RULB PROPOSED RULB DATE PROPOSED RULE SECY PAPER: SRM DATE: I I SIGNED BY SECRETARY: 11/08/95 PINAL RULB PINAL RULE DATE PINAL RULE SECY PAPER: SRM DATE: I I SIGNED BY SECRETARY: I I STAPP CONTACTS OH THE RULE CONTACT1: PRANCIS X. CAMERON, OGC MAIL STOP: 015-BlS PHONE: 415-1642 CONTACT2: MAIL STOP: PHONE:
DOCKET NO. PR-050 (60FR57370)
In the Matter of RULENET COMMUNICATION PROGRAM; FIRE PROTECTION REGULATIONS DATE DATE OF TITLE OR DOCKETm DOCUMENT DESCRIPTION OF DOCUMENT
11/09/95 11/08/95 FEDERAL REGISTER NOTICE OF AVAILABILITY OF RULENET PROGRAM
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7
' tr!o us~mc NUCLEAR REGULATORY COMMISSION
- 95 Nov - 9 P12 :as 10 CFR PART 50 Rul eNet Communication Program; Fi re Prote<t)fi!<>'1~Fegu aJ fo'il$ :; R 1
OO CKE"TI T :. ,
- P' 1 ICE AGENCY: Nuclear Regulatory Commission.
DOCKET NU ~BER PR PROPO E RULE 5Q ACTION: RuleNet Program: Notice of Availability. (~rR..S1eno) e
SUMMARY
- The Nuclear Regulatory Commission is announcing the availability of a new pilot computer based program called "RuleNet" to maximize communication between the NRC and the public on rulemaking issues. The RuleNet pilot will be used initially to gather information on the safety issue of fire protection at nuclear power plants. RuleNet will allow participants in an NRC rulemaking proceeding to communicate both with the NRC and among themselves, with a view toward defining issues, eliminating misunderstanding, and finding areas of common ground. In addition to providing the NRC and the public with valuable
- information, RuleNet will test the usefulness of computer-based communications as a tool in the rulemaking process.
DATE: The public can access the RuleNet world wide site beginning November 20, 1995. Participant registration will be conducted from November 20, 1995 through January 2, 1996. RuleNet pilot will run from January 2, 1996 through February 9, 1996.
ADDRESSES: The world wide web site will be linked to NRC's home page:
http://www.nrc.gov or it may be accessed directly by loading the following URL:http:/nssc.llnl .gov/RuleNet.
FOR FURTHER INFORMATION CONTACT: Francis Cameron, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone (301) 415-1642.
SUPPLEMENTARY INFORMATION:
Background
The Nuclear Regulatory Commission is undertaking a project of an entirely novel kind, designed to use state-of-the-art computer technology to maximjze communication between the NRC and the public on an important nuclear power plant safety issue, fire protection. This project, called RuleNet, is intended to serve not only to provide the NRC and the public with valuable information, but also to test the usefulness of computer-based communications as a tool in the rulemaking process.
The concept underlying RuleNet is that computer-based communications technology makes it possible for participants in an NRC proceeding to communicate both with the NRC and among themselves, with a view toward defining issues, eliminating misunderstanding, and finding areas of common ground.
The issue on which RuleNet will be gathering information is one that has been of concern to the Commission for some time. The Commission's overall approach to safety issues in recent years has been to move in the direction of performance-based regulations and away from prescriptive regulations. The Commission has already determined that fire protection is one area in which a shift to performance-based regulation is appropriate. 1 Thus, although a 1
On February 4, 1992, the Commission published notice in the Federal Register, at 57 Fed. Reg. 4166, that it regarded the NRC's fire protection rules, set forth in Appendix R to 10 CFR Part 50, as a candidate for being made less prescriptive, with some requirements relaxed or eliminated on the basis of cost-benefit considerations. Later in the same year, the Commission announced its intention to begin rulemaking to develop a performance-based fire protection regulation, that would rely in part on risk analyses. 57 Fed. Reg. 55156 (November 24, 1992).
Subsequently, the NRC staff published a general framework for
3 petition was filed in February 1995, by the Nuclear Energy Institute, asking the Commission to add a performance-based alternative to the existing prescriptive regulations, the Commission would be examining the issue of performance-based fire protection rules even in the absence of such a petition. 2 The NRC has already innovated in the area of rulemaking in two significant ways: through the concept of "enhanced participatory rulemaking,"
designed to promote early public comment and interaction on rulemaking issues before a proposed rule is developed; and through electronic bulletin boards, which allow comments on a proposed rule to be submitted electronically.
RuleNet represents a step toward melding these two approaches: early public comment and interaction, as in the enhanced participatory rulemaking, together with communications technology, developed specially for this purpose, to permit participants to deal with one another and with the NRC by computer.
(Participants will not be restricted to communication by computer, however; developing performance-based, "risk-informed" regulations. 58 Fed. Reg. 6196 (January 27, 1993). At a public workshop held in April, 1993, the NRC staff invited discussions on this general regulatory framework and on specific proposals for changing the Appendix R fire protection rules. (The proceedings of the workshop, including comments from members of the public and the regulated industry, were documented in NUREG/CP-0129, issued in September, 1993.) At the workshop, industry representatives presented their plans for submitting a rulemaking petition to the NRC. (Such a petition was in fact filed on February 2, 1995.)
On May 18, 1994, the Commission approved the policies and framework proposed by the NRC staff in SECY-94-090 for revising its fire protection regulations, including the initiation of a staff study to support the effort. The NRC staff published the petition on June 6, 1994, at 60 Fed. Reg. 29784, received public comment on it, and is currently reviewing it within the context of the policies and framework approved by the Commission.
2 The RuleNet initiative does not supersede the NEI petition, which will continue to be considered on its own merits.
4 written comments may be submitted in place of or in addition to electronic communications. 3 )
A comparison with traditional rulemaking, as conceived in the Administrative Procedure Act (APA), may help make clear why this fresh approach to the rulemaking process has the potential to make the participation of all interested parties -- governmental units, industry, and members of the public -- significantly more effective and influential.
In the classic model of APA rulemaking, the agency publishes either an advance notice of proposed rulemaking or, eliminating that step, issues a -
proposed rule. In the former case, the process is generally extremely time-consuming; in the latter, there is a risk that the agency may be too wedded to the proposed approach to be able to rethink the issue from the ground up if a wholly new proposal is submitted by a commenter. In either case, the hub-and-spoke structure of the process, in which all communication is directed to the agency, does not tend to encourage interested parties to work among themselves toward common ground.
The NRC has already made strides to improve on the traditional rulemaking with innovative procedures, such as workshops in which different participants interact with agency staff and with each other. RuleNet represents a further development along those lines. Because participants can take part from home, workplace, or public library, this step opens up the process to persons who might otherwise have been unable to take part. The NRC Headquarters Public Document Room will also have a computer terminal from which access to RuleNet will be available.
3 Written comments will be scanned and placed on the electronic network for all participants to read. Clearly, therefore, those who choose to take part through the electronic network will be in a better position to respond to the views of other participants.
5 The capacity of computer technology to improve the current rulemaking process can be readily illustrated. In a traditional rulemaking, if a particular matter raises questions in the minds of participants, they have no recourse other than to point out the issue in their written comments. If the rulemaking is on a proposed rule, the commenter may not learn the answer to the question until the final rule is issued. The computer, however, allows the agency staff to analyze the comments and questions received, ascertain which questions arise most often, and then post electronically a list of "Frequently Asked Questions" and their answers. In this way, doubtful points can be clarified before, not after, comments are filed.
The dialogue through the RuleNet computer network is not intended to supplant formal comments (submitted in writing or electronically). Rather, RuleNet is intended to provide additional opportunities for commenters to provide input to agency personnel before the agency has developed text on which formal written comments are required to be filed. This can mean better informed, focused, and influential comments. Likewise, the ability of commenters to interact among themselves before comments are filed means that misunderstandings and miscommunications can be corrected in a timely way.
However, because the electronic communications will contribute to the information base used by the agency in the rulemaking process, a copy of these communications will be placed in the rulemaking record.
For facilitating exchanges of views, a central element in the rulemaking is the "caucus," designed to allow discussions among subgroups of participants. These caucuses may be of two kinds. First, participants of similar viewpoints can join together on an issue or issues to maximize their effectiveness. Second, caucuses can be used to allow a specific issue to be placed before all participants for highly focused consideration. In this way, a particular topic can be considered in detail, the strengths and weaknesses
6 of conflicting positions can be analyzed, and the possibilities of a compromise resolution can be explored. Caucusing may take place either separate from the rulemaking, by the private interaction of participants, or through the rulemaking's electronic communications, and either with or without facilitation provided by a contractor.
Such assistance will come from facilitators and/or moderators supplied through the NRC contract with Lawrence Liverm~re National Laboratory for technical support on the development of RuleNet. Such facilitators can serve a variety of functions: helping to categorize comments on fire protection -
issues; helping to maximize the usefulness of the electronic communications process; and providing assistance to facilitate on-line and off-line caucuses, including helping participants to articulate and refine their positions on issues. The facilitators/moderators themselves will have no stake in the outcome, however; independent of any of the parties, their role will simply be to contribute to the smooth and productive functioning of the process.
Computer-based technology can not hope to substitute altogether for the actual reading of comments submitted by participants (except where the computer identifies a comment as identical to one previously filed and analyzed). Computer technology can, however, facilitate greatly the process of analyzing and tabulating comments. For example, person~ participating electronically may be asked to indicate by clicking screen icons whether they agree, disagree, agree with qualifications, etc., with the proposition on which they are commenting. In this way, rather than the agency characterizing the positions of the participants, the participants can do so themselves. In addition, computer technology, searching for specific words and phrases, can make it easier to find where if at all a participant is addressing a particular issue in his or her comment.
7 The electronic forum outlined here points to a potential greater democratization of the rulemaking process. The individual person with expertise and good ideas to offer has as much access to the forum as any governmental unit, corporation, or law firm, and if his or her thinking is sound, may be just as influential or more so. With discussions held via computer, rather than in a meeting room in the Washington, D.C. area, and with access to the forum already available in millions of homes nationwide (and at terminals in public libraries, for those who do not already have access elsewhere), there is the potential to level the playing field to an unprecedented degree.
Phases of the RuleNet Process As a preliminary step, necessary to allow meaningful participation in the RuleNet process, the NRC is making relevant information on fire protection available to all who can use it: that is, both potential participants and those who want only to observe the process. Toward this end, the agency has loaded some basic fire protection documents onto the network in searchable full text form. Specific discussion topics will be loaded at a later point.
The first phase of the process itself will begin with a "virtual kickoff" in which all participants will be able to communicate in a simultaneous discussion via computer. This will be followed by a period of 5 days for any caucuses; for the posting of questions and requests for clarification, directed either to the NRC or to other participants, and for the posting of answers to those questions; and for the identification of any further issues to be addressed, or challenges to be met, in the rulemaking.
In the second phase of the process, which will comprise approximately 10 days, the NRC will solicit proposed solutions to the challenges and issues identified in the first phase. This will also be the opportunity for
8 participants to respond to comments and suggestions made during the first phase.
After the second phase, the NRC technical staff, acting with the assistance of staff supplied by the contractor, will consolidate and synthesize the challenges and the proposed solutions, using them to develop more concrete proposals, which will be posted electronically. The participants will then respond to the proposals just identified. As before, there will be the opportunity for participants to caucus either within the electronic rulemaking or outside of it.
We do not need to decide at this time exactly how many rounds of comment there will be. One of the advantages of RuleNet's interactive approach is that the participants can offer their views as to procedures as well as substance. Accordingly, the agency plans to take a flexible approach, shaping its procedures as needed to meet the goals of the process.
Terms of Participation The electronic network will be available both to those who want to participate directly in RuleNet and to those who want only to observe the process. Participants must identify themselves (just as participants in a written comment process identify themselves). The NRC fully expects that all participants will recognize that certain norms of civility will be observed.
(In the event that a participant's conduct was such as to warrant his or her severance from the electronic dialogue, the option of submitting paper comments would remain, but it seems unlikely that this issue would ever arise.)
9 Conclusion The RuleNet project is one of a number of high performance computing initiatives advanced by the NRC. It has no costs over and above those already budgeted for these initiatives generally. Before the type of electronic exchange being demonstrated in the RuleNet project became a part of the agency's usual process for the development of rules, it would have to be shown to be cost-effective.
It is worth emphasizing that in proceeding in this new direction, using procedures that have not previously been tried by this or any other federal agency, the NRC is focusing on potential benefits. Whether those benefits will in fact be realized depends in large part on the willingness of the affected public which includes governmental units, industry, organizations, and individuals to take part in the process and attempt to make it work.
RuleNet can help establish whether computer communications technology can make a significant contribution to the interaction of citizens and a government agency regulating in a technical field.
Dated at Rockville, Maryland, this 8th day of November, 1995.
For the Nuclear Regulatory Commission.
John Seer Commission.
From: Johr, Hoyle To: Elfd,CJS Date: 11/8/95 1:46pm
Subject:
rulenet frn -Forwarded Attached is Chip Cameron's note to Bill Olmstead which has resulted from a conversation I had with Chip this morning. I had indicated that SECY is concerned about establishing an appropriate process for obtaining the products of the RuleNet activity at the conclusion of the exercise, so that we could place the communications "in the rulemaking record" (in the words of the FRN). I indicated my preference that Chip (or whoever the prd.J.-r ~&R. ,~ ~ " i..b be responsible for capturing/retaining all communications from commenters, including written communications, during the various phases of the exercise. They would be turned over to SECY at the end of the process. If any written comments come to SECY during the activity, they would be forwarded directly to Chip (or whoever) for logging, handling, etc., and would be returned to SECY at the end of the process along with printouts of the electronic communications.
I hope this is consistent with your thinking as well.
CC: ALB C-,,.,,r~
- Froa: Francis Cameron To: wjo Date: 11/8/95 1:09pm
Subject:
rulenet frn John Hoyle is going to sign the FRN and send it - publication should occur on Monday or Tuesday of next week. John's only concern was the statement in the FRN that the Rulenet c011111ents would be made part of the rulemaking record. His concern was not with the statement but only with how this would be done. I told him that at the close of the process we would give SECY a hard copy of the dialogue. I assume this will be possible.
CC: jch
United States Nuclear Regulatory Commission Office of Public Affairs Washington, DC 20555 Phone 301-415-8200 Fax 301-415-2234 Internet:opa@nrc.gov No.95-134 FOR IMMEDIATE RELEASE (Wednesday, November 2, 1995)
NUCLEAR REGULATORY COMMISSION ANNOUNCES PILOT PROGRAM ON ELECTRONIC RULEMAKING The Nuclear Regulatory Commission is introducing a pilot program to facilitate communication over the Internet on an important safety issue - fire protection at nuclear power plants.
The program, called RuleNet, will enable the public to obtain information from NRC, offer views and comments, and interact with other participants before the rule on fire protection is proposed. RuleNet builds on earlier NRC efforts, such as the electronic bulletin boards and the enhanced participatory rulemaking, which focus on innovative ways to increase communication between the agency and the public.
The NRC will be employing procedures for RuleNet that have not previously been tried by any other federal agency.
Under traditional rulemaking procedures, a proposed rule is usually published in advance to obtain public comments which are then forwarded by mail directly to NRC. This method is not especially conducive to interested parties' working toward common ground; rather, the agency reviews conflicting views and approaches and decides on the best course of action. Under RuleNet, through sophisticated communications technology, proposals and issues may be submitted, analyzed, and responded to ahead of time -- allowing the public to assist in developing the actual rule. RuleNet will also allow participants to "caucus,"
by encouraging discussions among interested parties.
The pilot will be implemented in phases. In the first phase, all participants will discuss critical issues via the Internet. This will be followed by a 5-day period devoted to caucuses, clarification, or identification of further issues to be addressed.
In the second phase, lasting 10-days, NRC will seek solutions to the issues posed in the first phase. The public will be provided an opportunity address the issues already presented. Afterward, NRC will analyze the issues and develop more concrete proposals which will be posted electronically.
There will then be another opportunity for participants to either
caucus or react to proposals before a proposed rule is developed and formal comments are submitted.
To allow for meaningful participation in the pilot, the NRC is making relevant information on fire protection available to potential participants in and observers of the RuleNet process.
Interested parties may access the basic fire protection document from the network in searchable full text form. NRC will also continue to accept written comments on the proposed rule during the formal comment period.
The public can access the RuleNet world wide web site beginning November 20. The site will be linked to NRC's home page: http://www.nrc.gov or it may be accessed directly by loading the following URL: http://nssc.llnl.gov/RuleNet.
Participant registration will be conducted from November 20 until January 2. At that time, the RuleNet pilot will commence and run until February 9.