ML23228A027

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NRC-2022-000184 - Resp 4 - Interim. Agency Records Subject to Request Enclosed
ML23228A027
Person / Time
Issue date: 08/08/2022
From:
NRC/OCIO
To:
Shared Package
ML23228A028 List:
References
FOIA, NRC-2022-000184
Download: ML23228A027 (1)


Text

Note to requester: The attachment is withheld in full under FOIA Exemption 5, Deliberative Process Privilege.

From: Harrington, Holly Sent: Thu, 10 Mar 2022 16:28:20 +0000 To: Castelveter, David;Burnell, Scott

Subject:

Close hold Attachments: l(b)(5): (b )(7)(A): (b )(7)(E): (b )(7)(F)

Holly

(b)(5); (b)(7)(A); (b)(7)(E); (b )(7)(F) lllt:B

I Page 03 of 10 to Page 06 of 10 I

WIU1held pursuant to exemptlOO (b)(5); (b)(7)(A); (b)(7)(E); (b)(7)(F)

I of tile Freedom ol lnlormauon anCI Privacy Ad I

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From: Harrington, Holly Se nt: Wed, 30 Mar 2022 17:31:08 +0000 To: Castelveter, David

Subject:

RE: Journalism group: FERC silences staff with 'gag policy' I could be wrong. But they said they reviewed "media policies," so that was my assumption.

Holly From: Castelvet er, David <David .Castelveter@nrc.gov>

Se nt: Wednesday, March 30, 2022 1:09 PM To: Harrington, Holly <Holly.Harrington@nrc.gov>

Subject:

RE : Journalism group: FERC silences staff with 'gag policy' Quite the assumption then. At TSA we had no MD but we prevented employees from speaking to the media without our approval/vetting. Hmmm.

1Javitl:ll Cadefveter 1Jirecfor, Office of'Pubfic 1'.{fairs Nuclear 1<Pjufat°"!J Commission ivfmfStop 0-161l.2.o f(J77 1<.J;ckJ,li/fe 'Pik.P, 1<.J;ckJ!iffe, iv('{} 2.o872.

www.nrc.gOII 301-415-82.00 0/ftce 301-417-82.011Je1f.

240-393-9563 Ce/{

Stay Connected to the NRC f ~ ii ** in p From : Harrington, Holly <Holly.Harrington@nrc.gov>

Sent: Wednesday, March 30, 2022 1:05 PM To : Castelveter, David <David.Castelveter@nrc.gov>

Subject:

RE: Journalism group: FERC silences staff with 'gag policy' Nobody. They looked at the public affairs management directive and there's no mention of a prohibition for employees.

Holly From: Castelveter, David <David .Castelveter@nrc.gov>

Se nt: Wednesday, March 30, 2022 12:56 PM

To: Harrington, Holly <Holly.Harrington@nrc.gov>

Subject:

RE: Journalism group: FERC silences staff with 'gag policy' I wonder who in NRC was interviewed for the report.

1Javil1l Castefveter 1Jirecwr, Office of'Pu6fic ;tl,ffair.s Nuclear 1<.tjufat°':J Commission "MmfSfo(J 0-16;tb.o ff5771<.J;ckJJiffe 'Pik§, 1?.!Jcfuffe, "M1J 2.o852.

www.nrc.aov 3Df-l;i7-82.oo Office 3Df-l;f7-82.0f 1Je.sf.

2.40-393-9563 Ce/{

Stay Connected to the NRC f W rB ** in P From: Harrington, Holly <Holly.Harrington@nrc.gov>

Sent: Wednesday, March 30, 2022 12:04 PM To: Castelveter, David <David.Castelveter@nrc.gov>

Subject:

RE: Journalism group: FERC silences staff with 'gag policy' That is accurate. When I do my media training, I stress that it's in everyone's best interest to refer media calls to OPA even if that person still ends up doing the interview. I say that OPA can set ground rules, provide just-in-time-training, develop likely questions, etc., all of which benefits the employee.

However, I stress, they are not required to do this. I also say that if they choose to speak to the media without OPA's involvement or prior knowledge, they should let us know afterward.

Holly From: Castelveter, David <David.Castelveter@nrc.gov>

Sent: Wednesday, March 30, 2022 11:54 AM To: Burnell, Scott <Scott.Burnell@nrc.gov>; Chandrathil, Prema <Prema.Chandrathil@nrc.gov>; Couret, Ivonne <lvonne.Couret@nrc.gov>; Douglas, Christopher <Christopher.Douglas2@nrc.gov>; Dricks, Victor

<Victor.Dricks@nrc.gov>; Gasperson, Dave <David.Gasperson@nrc.gov>; Harrington, Holly

<Holly.Harrington@nrc.gov>; McIntyre, Dave <David.Mclntyre@nrc.gov>; M itlyng, Viktoria

<Viktoria.M itlyng@nrc.gov>; Screnci, Diane <Diane.Screnci@nrc.gov>; Shannon, Valerie

<Valerie.Shannon@nrc.gov>; Sheehan, Neil <Neil.Sheehan@nrc.gov>; West, Stephanie

<Stephanie.West@nrc.gov>

Subject:

Journalism group: FERC silences staff with 'gag policy' See the attached article and note the highlighted area regarding NRC policy on media.

E&ENEWSPM Journalism group: FERC silences staff with 'gag policy' By Robin Bravender 03/29/2022 04:25 PM EDT Rules that require Federal Energy Regulatory Commission employees to route press requests through the agency's media relations office amount to a restrictive "gag policy," says a new report from a journalism organization.

FERC was one of 25 state and federal agencies and departments whose media policies were reviewed by the Society of Professional Journalists. Of those agencies, FERC was one of a dozen that require staff to route media inquiries through press officials.

FERC's policy for staff members who receive questions from the media is for "employees to direct such inquiries to the Media Relations team" in the agency's Office of External Affairs, agency spokeswoman Mary O'Driscoll emailed SPJ in December.

That's common practice for public-sector agencies, says the SPJ report, and workers often tell journalists they aren't allowed to speak to them due to policies their employers have in place.

SPJ says such policies violate employees' free-speech protections and keep the public from getting important information.

"We believe employees will not speak freely if their words must be monitored or approved by supervisors, and that requiring them to do so is a First Amendment violation," SPJ Freedom of Information Committee Chair Haisten Willis said in an email.

After the SPJ report was released yesterday, O 'Driscoll told E&E News that because FERC is a quasi-judicial agency, "regulations prohibit all FERC officials and FERC staff from discussing many matters that are under review by the commission due to their pending and contested nature."

She added that FERC staff members "regularly engage with press, in a variety of settings, serving as technical experts on background at press conferences, for example. FERC has no policy with respect to employees engaging with press in their capacity as private citizens."

SPJ did not seek policies from every federal agency, Willis said. The organization "selected a smattering of agencies from the federal, state and local levels in order to gain insight into how widespread the use of these policies is."

The SPJ report classified the National Park Service and the Department of Agriculture among the agencies with "vague/contradictory" policies for employees communicating with the press.

The NPS policy "says scientists are encouraged to speak to media, but requires them to

'coordinate' with public affairs before speaking 'in an official capacity.' Also, local Interior

offices are told they must refer all national media to headquarters," Willis said yesterday.

And USDA's policy "says scientists must 'coordinate' with public affairs and supervisors when speaking to media, but says public affairs can't interfere with the substance of their scientific opinions," Willis added. It "also says scientists can speak in their unofficial roles when not representing the agency."

The Nuclear Regulatory Commission's policy was among the few surveyed that did not lace any formal, written speech restrictions on their emilli,)yees, SPJ said.

Even "in government agencies where no fom1al policy exists, employees often are made to understand that they are to have no contact with the press for fear of retribution," SPJ said.