ML20216D758
| ML20216D758 | |
| Person / Time | |
|---|---|
| Issue date: | 06/06/1985 |
| From: | Palladino N, The Chairman NRC COMMISSION (OCM) |
| To: | Broyhill J, Dingell J HOUSE OF REP., ENERGY & COMMERCE |
| Shared Package | |
| ML20216D691 | List: |
| References | |
| FRN-64FR24936, RULE-PR-9 NUDOCS 9907300094 | |
| Download: ML20216D758 (3) | |
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UNITED STATES ,
NUCLEAR REGULATORY COMMISSION g i.
WASHfMGTON, D. C. 20966
.*** June 6, 1985 cwainman 2 A
The Honorable John Dingell, Chairman Committee on Energy and Commerce United States House of Representatives Washington, D.C. 20515
Dear Mr. Chairman:
This is in response to your letter, dated June 3, 1985, concerning the Commission's changes to its Government in the Sunshine ,
l regulations.
Your letter asked that we provide the Committee with the Commission's written procedures for implementing the new rule.
The Commission has not yet finalized any implementing procedures.
No non-Sunshine Act gatherings have yet been held. Our staff is .
I developing procedures for Commission review, and we will be pleased to provide them to you as soon as they have been agreed upon.
The Commission will maintain a record of all informal gatherings not subj2ct to Sunshine Act requireinents, and will keep the l Congress and the public informed on a monthly basis of the nature of such gatherings as you requested. Consistent with that policy, the date, participants and subject of such gatherings, including a list of any documents that were the subject of the discussion, will be recorded and made available to the oversight Committees of the Congress. A monthly listing will also be made available to the public.
The Commission's revisions of its Sunshine regulations were '
intended to foster collegiality and improve its ability to do the public's business, and do not compromise or circumvent the requirements of the Sunshine Act in any way. The Commission '
trusts that the above procedure for advising Congress and the public, and the final procedure when adopted, will be helpful to the Congress in the exercise of its oversight responsibility.
Sincerely, l 4 A+& r d ' ] (lAk a~-
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Nunzio #. Palladino ATTACHMENT 4 9907300094 990719 4 4936 ,
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UNITE 3 STATES NUCLEAR REGULATORY COMMISSION WASHINGTON. D. C. 20066 y
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June 6, 1985 CHAIRMAN E The Honorable James T. Broyhill Ranking Minority Member Committee on Energy and Commerce United States House of Representatives Washington, D.C. 20515
Dear Congressman Broyhill:
This is in response to your letter, dated June 3, 1985, concerning the Commission's changes to its Government in the Sunshine regulations.
Your letter asked that we provide the Committee with the Commission's written procedures for implementing the new rule.
The Commission has not yet finalized any implementing procedures.
No non-Sunshine Act gatherings have yet been held. Our staff is '
developing procedures for Commission review, and we will be pleased to provide them to you as soon as they have been agreed upon.
The Comr'ssion will maintain a record of all informal gatnerings not suuject to Sunshine Act requirements, and will keep the Congress and the public informed on a monthly basis of the nature of such gatherings as you requested. Consistent with that policy, the date, participants and subject of such gatherings, including a list of any documents that were the subject of the discussion, will be recorded and made available to the oversight Committees of the Congress. A monthly listing will also be made available to the public.
i The Commission's revisions of its Sunshine regulations were l
intended to foster collegiality and improve its ability to do the public's business, and do not compromise or circumvent the requirements of the Sunshine Act in any way. The Commission trusts that the above procedure for advising Congress and the public, and the final procedure when adopted, will be helpful to the Congress in the exercise of its oversight responsibility.
Sincerely, gc> &
d hMk-Nunzio J. Palladino
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.., g NUCLEAR REGUL'ATORY' COMMISSION
, 5 s WASHINGTON, D. C. 20606 y,,, April 21, 1992 CHAIRMAN a
The Honorable J. Danforth Quayle President of the United States Senate Washington, D.C. 20510
Dear Mr. President:
i In accordance with Section 3(j) of Public Law 94-409 (5 U.S.C. 552b(j)), I am enclosing the Nuclear Regulatory Commission's Annual Report of the Administration 1991. of the Sunshibe Act for Calendar Year Sincerely, b*- '
, Ivan Selin
Enclosure:
As stated ATTACHMENT 5 l f()[-p-9#t)b~b~
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11.
REQUESTS TO OPEN MEETINGS 1
The Ccanission's rules describe the procedure to be followed by a person closed who wishes to request a change in the status of a meeting.
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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. I such petition must specifically state the grounds on which Any 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 meeting of the Commission decision or to postpone the in question.
No requests to open a closed Commission meeting were received in 1991.
- 12. FORMAL COMPLAINTS There were no formal closed Commission complaints filed in 1991 relating to meetings.
- 13. .
EX PARTE COMMUNICATIONS The Commission's regulations on ex carte communications and ceparation of functions 1988 (see Appendix F). were adopted in final form on March 23, requirements of 5 U.S.C.The Commission's rules conform to the 557(d). Thn separation of funccions rule precludes private commission communications with the NRC ctaff about a matter at issue in a formal adjudicatory proceeding only if the staff member participates in investigating or litigating functions in the proceeding. A prior Ver3 ion of the rule precluded the Commission from private communications with any member of the NRC staff whether or not the staff member was involved in a proceeding.
- 14. NRC RULE CHANGE In May 1985, the Commission published a new interim rule irplementing the Sunshine Act with a request for concurrent public comments to be considered before determining whether the interim rule should be made final.
the Commission's regulations were somewhat more restrictivePrior to the rule chan than the Sunshine Act required, and the Commission had interpreted 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 d: cision of the Supreme Court in Federal Communications Commission v. ITT World Communications, 466 U.S.463. The (
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decision, which relied heavily on the Interpretive Guide to the
. Sunshina Act'(R. Berg and S. Klitsman, 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 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 (ABA). In February, 1987, the ABA House of Delegates approved a recommendation establishing guidelines for determining which types of agency discussions fall outside the 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 not yet acted on a final Sunshine Act rule.
- 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 should be addressed to:
Office of the Secretary U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Telephone inquiries can be made to the Office of the Secretary by dialing (301) 504-1963.
APPENDICES A. - Definition of Meetings B. Tabulation of Open and Closed Meetings by Month
- c. Tabulation of Meetings by Days' Notice D. NRC Regulation as Amended Implementing the Sunshine Act (10 CFR Sections-9.100-9.109)
E. Sample Entry from Index F. NRC Ex Parte (10 CFR Section 2.780) and Separation of Functions Regulations (10 CFR Section 2.781)
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49 CFR f 804.3, Defimhons Page1
- 178888 include: 1 CODE OFFEDERAL ' (a) Notation voting or similar consideration of REGULATIONS business, whedier by circulation of material to the TITLE 49-TRANSPORTATION Members individually in writing or by a polling of SUBTITLE B--OTHER e em yyte hone.
(b) Deliberations by three or more Members (1)
REGULATIONS RELATING TO to open or to close a meeting or to release or to TRANSPORTATION withhold information pursuant to i 804.6, (2) to CHAPTER VIII-NATIONAL call a meeting on less than seven days' notice as TRANSPORTATION SAFETY permitted by 5 804.7(b), or (3) to change the
. BOARD subject matter or the determination to open or to PART 804-RULES close a publi:ly announced meeting under Q 8
IMPLEMENTING THE 8(b}~
GOVERNMENTIN THE n intemal session attended by three or more Members for which the sole purpose is to have the SUNSHINE ACT staff brief the Board conceming an accident, incident, or safety problem.
, Current through September l.1998; 63 FR
" Member" means an individual duly appointed 46596 and confirmed to the collegial body, known as "the Board," which heads the NTSB.
i f 804.3 Definitions. " National Transportation Safety Board (NTSB)"
l means the agency set up under the Independent
. As used in this part: " Meeting" means the Safety Board Act ofl974. *
- deliberations of three or more Members where g ,,, ,97 , g ,,7, J such deliberations determine or result in the joint h 23,197U l conduct or disposition of official NTSB business, l and includes conference telephone calls otherwise
< General Materiak (GM) -
References, coming within the defmition. A meeting does not Annotations, orLbles>
ATTACHMENT 6 Copyright (c) West Group 1998 No claim to original U.S. Govt. works
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' 29 CFR f 2203.2, Definitions.
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- I9864 conference telephone call Yamong
' CODE OF FEDERAL the Commissionera is a " meeting" if it otherwise REGULATIONS qualifies as a " meeting" under this paragraph. ne TITLE 29-LABOR term does not include:
SUBTITLE B-REGULATIONS (a) The deliberations required or pennitted under RELATING TO LABOR Q 2203.4(d) and 2203.5, e.g., a discussion of CHAPTER XX-OCCUPATIONAL whether to open or close a meeting under this part; SAFETY AND HEALTH REVIEW (b) Business that is conducted by circulating COMMISSION written materials sequentially among the PART 2203-REGULATIONS Commissioners for their consideration on an individualbasis; IMPLEMENTING THE (c) A gathering at which the Chairman of the GOVERNMENTIN THE Commission seeks the advice of the other SUNSHINE ACT Commissioners on the canying out of a function that has been vested in the Chairman, by statute or Current through Sep: ember 1,1998: 6.1 FR ' '
d) form 1 discussions of the Commissioners that clarify issues and expose varying views but do
{ 2203.2 Definitw, ns. not effectively predetermine official actions.
" Official Commission business" means matters For the purposes of this part: that are the responsibility of the Commission
' " Expedited closing procedure" means the acting as a collegial body, including the simplified procedures described at 5 U.S.C. adjudication of litigated cases. He term does not '
552b(d)(4) for announcing arid closing certain include matters that are the responsibility of the Conunission's Chairman. See, e.g., 29 U.S.C. !
agency meetings.
661(c). {
" General Counsel" means the General Counsel of the Commiaion, the Deputy General Counsel, " Regularly-scheduled meetings" means meetings or any other person designated by the General of the Commission that are he!3 at 10:00 a.m. on Counsel to cany out his responsibilities under this nursday of each week, except on legal holidays.
! part. ne term includes regularly-scheduled meetings
" Meeting" means the deliberations of at least that have been rescheduled for another time or day.
l two Commissioners, where such deliberations
! determine or result in the joint conduct or I
disposition of" official Commission business." A
< General Materials (GM) - References, Annotations, or Tables >
I Copyright (c) West Group 1998 No claim to original U.S. Govt. works
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- 51898 United States Government. 1 CODE OF FEDERAL (d) Meeting.
REGULATIONS (1) " Meeting" means the deliberation of at least TITLE 11-FEDERAL ELECTIONS f ur v ting members of the Commission in CHAPTERI-FEDERAL c llegia where such deliberations determine or ELECTION COMMISSION result in the,jomt conduct or disposition ofofficial PART 2-SUNSHINE Commission business. For the purpose of this REGULATIONS; MEETINGS section, " joint conduct" does not include, for example, situations where the requisite number of members is physically present in one place but not Current through September 1,1998; 63 FR conducting agency business as a body (e.g., at a 4g5pg meeting at which one member is giving a speech while a number of other members are present in f 2.2 Definitions.
the audience). A deliberation conducted through telephone or similar communications equipment l
(a) Commission. " Commission" means the by means of wMeg aH persons participating can Federal Election Commission,999 E Street, NW.' * * ' * * ' .Q w1H ns ere a "mee B Washington, DC 20463. "" **
(b) Commissioner or Member. " Commissioner"
.; ",, meeting" does not include the or " Member" means an andividual appointed to the process of notation voting by circulated Federal Election Commission pursuant to 2 U.S.C. memorandum for the purpose of expediting 437c and section 101(c) of Pub.L.94-283 and consideration of routine matters. It also does not shall also include ex-officio include deliberations to schedule a meeting, to '
non-voting Commissioners or Members, the Secretary of the take action to open or close a meeting, or to Senate and the Clerk of the House, but does not release or withhold information, or to change the include a proxy or other designated representative subject matter of a meeting under 11 CFR 2.5,2.6 of a Commissioner. and 2.7.
(c) Pc..;on. " Person" means an individual,
[50 FR 50778, Dec.12,1985J including ' employees of the Commission, partnership, corporation, association, or public or private organization, other than an agency of the < General Materials (GM) -
References, Annotations, or Tables >
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A ,c c 10 CFR I 1704.2, Dodanions
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- S1833 (i) Open or to close a meeting or ts release or to CODE OFFEDERAL withhold infonnation pursuant to i 1704.5; REGULATIONS (ii) Set an agenda for a pmposed meeting (s);
TITLE 16-ENERGY (iii) Call a meeting on less than seven days' CHAPTER XVII-DEFENSE . . notice as permitted by 61704.6(b); or NUCLEAR FACILITIES SAFETY } Change the subject matter or the BOARD determ m ation to open or to close a publicly PART 1704-RULES announced meeting under { 1704.7(b).
(3) A session attended by three or more IMPLEMENTING THE Members for which the purpose is to have the GOVERNMENTIN THE Boards staff or expert consultants to the Board SUNSHINE ACT brief or otherwise provide information to the Board concerning any matters within the purview Cumust r/rosch September 1,1998; 63 FR of the Board under its authorizing statute, 46596 provided that the Board does not engage in deliberations that determine or result in the joint i1704.2 Definitions. conduct or disposition of official Board business on such matters.
As used in this part: (4) A session attended by three or more (a) Chairman and Vice Chainnan mean those Members for which the purpose is to have the Members designated by the President to serve in Department of Energy (including its contractors) said positions, pursuant to 42 U.S.C. 2286(c). r other persons or organizations brief or (b) Defense Nuclear Facilities Safety Board otherwise provide information to the Board '
means the Board established under the National .onceming any matters within the purview of the Defense Authorization Act, Fiscal Year 1989. Board under its authorizing statute, provided that (c) General Counsel means the Boards principal the Board does not engage in deliberations that legal officer, or an attorney serving as Acting determine or result in the joint conduct or General Counsel.
disposition of official 90s.d business on such (d) Meeting means the deliberations of three or matters.
more Members where such - deliberations *51834 (5) A gathering of Members for the determine or result in the joint conduct or purpose of holding ' informal preliminary disposition of official Board business. A meeting discussions or exchange of views which do not does not include:
effectively predetermine official action.
(1) Notation voting or similar consideration of (e) Member means ari individual duly appointed i business for the purpose of recording of votes, and confumed to the collegial body, known as ;
whether by circulation of material to the Members "the Board."
individually in-writing or by a polling of the Members individually by telephone. ,
(2) Action by three or more Members to: < General Materials (GM) - References, j Annotations, or Tables > i l
l Copyright (c) West Group 1998 No claim to original U.S. Govt. works
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. p 80 days. That final rule package could provide a short period for additional public comments i before the Commission would implement the final rules.
- Attachments
- 1. Statements of Consideration for Rule
- 2. Lir dtd 6/3/85 fm Committee on Energy and Commerce to Chrm Palladino
- 3. . Ltr dtd 6/6/85 fm Congressman Eckart to Chrm Palladino 4.' Ltr dtd 6/6/85 fm Chrm Palladino to Hon. J. Dingell
- 5. Ltr did 4/21/92 fm Chrm Selin to Hon. J. Danforth Quayle
. ClO DISTRIBUTION KCyr (2) JMoore SBurr.s ' DDambly
' JGray JGoldberg LChandler Central Files JFitzgerald OGC R/F DHassell OGC S/F '
STreby OGC Library File (electronic)
$0CUMENT NAME: i:\lgicouns\ sunshine.wpd i T4 somehre o espy of thle dooumont. indcote in the boa: "C" = Copy without enclosures
NAME' JFitzgerald DATE 11/ /98 JGray KCyr %
11/ /98 11498 ' 11/ /98 11/ /98 OFFICIAL RECORD COPY '
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