94-23205. Staff Meetings Open to the Public; Final Policy Statement  

  • [Federal Register Volume 59, Number 181 (Tuesday, September 20, 1994)]
    [Unknown Section]
    [Page 0]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 94-23205]
    
    
    [[Page Unknown]]
    
    [Federal Register: September 20, 1994]
    
    
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    NUCLEAR REGULATORY COMMISSION
     
    
    Staff Meetings Open to the Public; Final Policy Statement
    
    AGENCY: Nuclear Regulatory Commission.
    
    ACTION: Final policy statement.
    
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    SUMMARY: This statement presents the policy that the Nuclear Regulatory 
    Commission (NRC) staff will follow in opening meetings between the NRC 
    staff and one or more outside persons to public observation. This 
    policy statement also announces central agency services available to 
    the public for obtaining schedules for the staff meetings that are open 
    to public attendance. Implementing guidance will be issued to the NRC 
    staff as a management directive. The policy statement relates only to 
    meetings involving the NRC staff and does not affect existing 
    regulations that apply to public attendance at meetings such as 
    Commission meetings, advisory committee meetings, and enforcement 
    conferences.
    
    EFFECTIVE DATE: November 1, 1994.
    
    ADDRESSES: Management Directive 3.5 and copies of comments received on 
    the proposed policy statement are available for inspection at the NRC 
    Public Document Room, 2120 L St., NW. (Lower Level), Washington, DC.
    
    FOR FURTHER INFORMATION CONTACT: Donnie H. Grimsley, Office of 
    Administration, U.S. Nuclear Regulatory Commission, Washington, D.C. 
    20555-0001, telephone: (301) 504-1881.
    
    SUPPLEMENTARY INFORMATION:
    
    I. Background
    
        The NRC first published its policy for open staff meetings in the 
    Federal Register on June 28, 1978 (43 FR 28058). On September 14, 1993 
    (58 FR 48080), the NRC published for public comment a proposed policy 
    statement entitled ``Staff Meetings Open to the Public'' in the Federal 
    Register that would supersede the policy statement of 1978 (58 FR 
    48080). The NRC requested comments on the proposed policy statement and 
    on comments submitted previously by the American Mining Congress that 
    were made in response to an interim NRC policy statement similar to the 
    policy statement that was proposed.
    
    II. Summary of Public Comments on the Proposed Policy Statement and NRC 
    Responses
    
    General Comments
    
        In late 1993, the NRC received 13 letters with comments on the 
    proposed policy statement on ``Staff Meetings Open to the Public.'' 
    These comments were from the following organizations: the American 
    Mining Congress; two law firms, Winston & Strawn and Newman & 
    Holtzinger, P.C.; and seven utilities, including Texas Electric, Yankee 
    Atomic Electric Company, Commonwealth Edison Company, Florida Power 
    Corporation, Georgia Power Company, Virginia Electric and Power 
    Company, and Southern Nuclear Operating Company; the Nuclear Management 
    and Resources Council, the State of New Jersey Department of 
    Environmental Protection and Energy, and Ohio Citizens for Responsible 
    Energy, Inc. (OCRE). Two of these commenters, Georgia Power Company and 
    Virginia Electric and Power Company, endorsed the comments of the 
    Nuclear Management and Resources Council.
        Two commenters endorsed the proposed policy statement. The other 
    commenters either objected to the proposed policy statement or 
    expressed their preference for retaining the 1978 policy statement. 
    Several endorsed the general concept of opening staff meetings. Most 
    offered suggestions for improving the proposed policy statement should 
    it be adopted by the Commission.
    
    Impact on the Quality of Public Meetings
    
        The principal concern expressed was that having the public present 
    during meetings with the NRC staff would have an adverse impact on the 
    quality of those meetings. Several commenters indicated that the 
    presence of the public at meetings with the NRC staff would 
    unnecessarily complicate NRC and licensee discussions, would adversely 
    affect the candor of those discussions (because the public would likely 
    misunderstand and misconstrue the content of conversations), and would 
    generally have an adverse effect on open communications between the NRC 
    and licensees.
        The NRC has been conducting public meetings for nearly 15 years 
    under the 1978 policy statement. Since September 1992, the Office of 
    Nuclear Reactor Regulation, the Office for Analysis and Evaluation of 
    Operational Data, and the regional offices have operated under an 
    interim policy similar to the proposed policy statement. The NRC has 
    not found that meetings open to the public under the 1978 policy 
    statement or under the 1992 Interim Policy Statement have substantially 
    interfered with the NRC staff's ability to accomplish its meeting goals 
    or that the presence of public observers adversely affected its ability 
    to communicate openly with licensees and other participants. Even 
    though the NRC recognizes that having meetings open to public 
    observation exposes the participants to the risk that information may 
    be misunderstood or misconstrued, the NRC has not, in its many years of 
    public meetings, found that risk to be of sufficient concern to 
    outweigh the public confidence gained in the NRC's regulatory programs 
    that comes from public observation of NRC staff meetings with outside 
    persons.
    
    Policy Expansion
    
        Several commenters viewed the presumption that all staff meetings 
    are open for public observation unless they fall into one of the 
    exemptions detailed in the proposed policy statement as representing a 
    significant extension of the agency policy on open staff meetings over 
    that published in the 1978 policy statement. They also argue that the 
    extension adds little to existing opportunities for public 
    participation.
        The NRC agrees that the proposed policy statement would result in 
    more meetings being open to the public than would have been under the 
    1978 policy statement. The 1978 policy covered only meetings between 
    the NRC and parties to proceedings. The proposed policy statement 
    reflects NRC's longstanding practice of providing the public with the 
    fullest information practicable on its activities and of conducting 
    business in an open manner. Evolving agency practice since 1978 has 
    resulted in additional types of meetings being open to the public that 
    are not covered by the 1978 policy statement. These include meetings 
    with licensees on technical issues, with licensee senior management on 
    Systematic Assessment of Licensee Performance reports, and with 
    licensees on exit meetings for special team inspections or by accident 
    investigation and diagnostic evaluation teams. In addition, NRC has 
    open meetings with trade organizations and with public interest groups 
    regarding policy and technical issues and the agency's regulatory 
    responsibilities. The policy statement codifies current practice by 
    establishing uniform guidelines for the staff.
    
    Definition of a Public Meeting
    
        Several commenters offered suggestions for refining the definition 
    of ``public meeting.'' Several commenters suggested that the type of 
    individuals attending a meeting should be a determinant of whether the 
    meeting is open to the public. One commenter suggested limiting public 
    meetings to those where a decision-maker was attending. Other 
    commenters suggested limiting public meetings only to those where 
    technical staff were in attendance or where only a project manager and 
    one or more license representatives were present. The NRC strongly 
    believes that the subject matter of the meeting, or the administrative 
    burden of opening the meeting, rather than the type of participant in 
    attendance, should be the determining criterion for deciding if a 
    meeting should be considered open for public observation.
        One commenter expressed concern that the policy does not apply to 
    state and local governments, including agreement states. The policy 
    statement does apply to those entities as provided for in Section C.1. 
    of the policy statement.
        A commenter suggested language be included to establish a 
    presumption that meetings between the NRC staff and outside parties be 
    open. The NRC believes its policy statement clearly announces a policy 
    of openness and establishes only a limited number of necessary 
    exemptions. The NRC believes the policy statement provides meaningful 
    opportunities for the public to be informed of NRC activities without 
    unduly affecting open and candid discussions between licensees and the 
    NRC staff or interfering with the NRC staff's ability to exercise its 
    regulatory and safety responsibilities without undue administrative 
    burden.
        Other commenters suggested that the definition of a public meeting 
    specifically exclude all meetings other than ``face to face meetings,'' 
    that is, exclude meetings using electronic communications, such as 
    telephone conference calls or teleconferencing. The NRC agrees that the 
    definition of a public meeting is not intended to include conversations 
    using electronic communications and has modified the definition to 
    clarify that meetings covered by this policy statement are those where 
    participants are physically present at a single meeting site.
        One commenter suggested that the definition of a public meeting be 
    limited to one in which public interest has been expressed or where the 
    NRC has reason to believe there is substantial public interest. The use 
    of this type of criterion would require that the NRC judge what is of 
    significant interest to a wide range of groups that have varied 
    interests. The NRC does not presume to judge for these varied groups 
    what meetings they may consider to be of significant interest. The NRC 
    believes that it is the responsibility of members of the public, not 
    the NRC, to decide if they are interested in attending a staff meeting.
        Several commenters suggested that the public's role at open staff 
    meetings be clearly limited to that of observers. The preamble of the 
    proposed policy statement clearly states that staff meetings open to 
    the public would be open only to observation. However, in response to 
    this concern, the NRC has amended the definition of a public meeting to 
    include the phrase, ``open to public observation.''
        Several commenters suggested that the policy statement include 
    specific ways to limit public participation, such as permitting members 
    of the public to ask questions only at the conclusion of a meeting or 
    requiring them to submit written comments or questions. The policy 
    statement is not intended to address the role of the public beyond that 
    of observation. However, the NRC recognizes that some meetings open 
    under the policy statement may warrant a greater degree of public 
    participation. If participation beyond that of observation is allowed 
    for a particular meeting, a description of the degree of participation 
    will be specified when the meeting is announced and at the outset of 
    the meeting by the senior NRC official participating in the meeting.
        One commenter asked that NRC prohibit members of the public from 
    interrupting meetings to pursue a personal agenda or raise public 
    policy issues. The NRC recognizes the concern outside persons may have 
    regarding this possibility. As above, the NRC staff will indicate the 
    ground rules for a public meeting at the beginning of a meeting and 
    adhere to those rules throughout the meeting.
        The suggestion that the term ``encounter'' in the definition of a 
    public meeting be changed to ``meeting'' was rejected. Had this 
    suggestion been accepted, the definition would have read, ``A public 
    meeting is a formal meeting,* * *'' phrasing that does not comply with 
    the logical terms of a definition.
    
    Exemptions
    
        In reviewing the comments regarding the exemptions and scope of the 
    policy statement, the NRC staff recognizes that exemption ``g'' should 
    be clarified. The phrase, ``Is a general information exchange'' has 
    been added to the exemption. Furthermore, guidance has been provided to 
    the staff at the end of Section C.2 as follows: ``Also note that 
    meetings between staff and licensees or trade groups to discuss 
    technical issues or licensee performance would normally be open because 
    they may lead to a specific regulatory decision or action. However, 
    should a meeting involving a general information exchange be closed and 
    should discussions during such a meeting approach issues that might 
    lead to a specific regulatory decision or action, the NRC staff may 
    advise the meeting attendees that such matters cannot be discussed in a 
    closed meeting and propose discussing the issues in a future open 
    meeting.''
        Several commenters suggested that the policy statement contain 
    additional specific exemptions for closing a meeting. For example, one 
    commenter suggested closing meetings that are administrative in nature, 
    that are held to discuss scheduling or constraints associated with 
    licensee actions, or that are held to review material submitted to the 
    NRC by licensees. The NRC believes that these types of meetings will be 
    exempt to the extent the definition of a public meeting encompasses 
    only meetings where substantive issues are discussed. Also, exemption 
    ``g'' as rewritten covers those types of meetings because they are held 
    only for the exchange of information.
        Several commenters suggested closing meetings for the exchange of 
    preliminary, unverified information; meetings held within a licensee's 
    protected areas; and meetings between NRC Resident Inspectors and 
    licensees. The NRC believes that these types of meetings are already 
    exempted by the policy statement in that the first type would be closed 
    under exemption ``f,'' and second and third types would be closed under 
    exemption ``h.''
        One commenter suggested that exemptions ``f,'' ``g,'' and ``h'' 
    need to be refined to preserve NRC's flexibility to carry out its 
    health and safety responsibilities without being unduly inhibited by 
    the expanded openness policy. Another commenter believed these 
    exemptions were too broad. NRC believes exemption ``f'' is sufficiently 
    focused to be clearly interpreted. Exemptions ``g'' and ``h'' have been 
    refined and the NRC believes that the policy statement has sufficient 
    flexibility to ensure that NRC meets its safety and regulatory 
    responsibilities. The policy statement clearly enunciates this 
    flexibility in stating, ``[t]his policy is a matter of NRC discretion 
    and may be departed from as NRC convenience and necessity may 
    dictate.'' The commenter specifically requested that the term 
    ``substantially'' be deleted from exemption ``h.'' The NRC agrees 
    because the NRC will not open a meeting if the NRC staff believes the 
    administrative burden will interfere with the efficient performance of 
    its safety and regulatory responsibilities and exemption ``h'' has been 
    broadened to specifically exclude meetings held as an integral part of 
    an NRC inspection.
        One commenter interpreted the provision in exemption ``f'' in the 
    policy statement as a means to exempt meetings convened to solve 
    potential problems, such as reclamation proposals or enforcement 
    matters. The NRC does not agree with this interpretation. The exemption 
    addresses meetings that could result in the inappropriate disclosure 
    and dissemination of ``preliminary, unverified information.'' The 
    purpose of this exemption is not to close all meetings for which 
    preliminary information, proposals, or concerns are discussed, but to 
    specifically ensure that agency licensees and applicants will not be 
    inhibited in bringing preliminary, unverified information to the 
    attention of the NRC.
        The NRC staff believes that this reasoning applies to another 
    commenter who believes that meetings between the staff and licensees, 
    where technical issues or approaches to emerging issues are discussed, 
    should also be classified as ``preliminary'' in nature and not open to 
    the public.
    
    Meeting Arrangements
    
        Several commenters raised issues regarding arrangements for public 
    meetings. One recommended that public recording and transcription of 
    meetings be prohibited. The NRC does not believe it should limit public 
    attendees when they want to record or transcribe proceedings which they 
    have a right to attend. This type of a prohibition would be difficult 
    to enforce and would infringe upon an established practice of media 
    representatives and others who routinely record public proceedings for 
    their convenience and subsequent use.
        One commenter suggested that ``outside parties'' be consulted 
    before announcing a meeting open to public observation because they may 
    wish to submit proprietary, personal, or other confidential information 
    prior to the meeting. Another suggested that the NRC staff inform the 
    ``outside parties'' if a meeting will be a public meeting. This is the 
    current NRC practice; however, the NRC will include a provision in its 
    implementing management directive emphasizing that the NRC staff should 
    make outside persons aware when a meeting will be a public meeting. 
    This practice will allow the outside persons to raise concerns 
    regarding confidential information before a meeting.
        Several commenters expressed the concern that essential or urgent 
    meetings would not be scheduled promptly enough because of the need to 
    provide ``ten days advanced notice.'' This provision is intended to 
    ensure that when the NRC staff deems that a meeting should be a public 
    meeting there is sufficient time to provide adequate public notice of 
    the meeting. When a meeting is deemed essential and adequate public 
    notice cannot be provided, exemption ``h'' of the policy statement 
    would apply because trying to provide notice would constitute an 
    administrative burden that could interfere with the NRC staff's 
    efficient execution of its safety and regulatory responsibilities; 
    however, limited notice would still be provided using available 
    telephone and electronic bulletin board systems.
        Another commenter noted that its experience has been that some past 
    public meetings noticed in the Federal Register were published on the 
    day of the meeting or published so close to the date of the meeting 
    that public attendance was impossible. The NRC recognizes that delays 
    may occur because of the requirement to publish a notice of the meeting 
    in the Federal Register. Consequently, the NRC did not adopt 
    publication in the Federal Register as the principal mechanism for 
    announcing public staff meetings. The NRC will announce public meetings 
    through a toll-free telephone recording, a toll-free electronic 
    bulletin board, weekly distribution of public meeting announcements to 
    the Press, and by posting meeting announcements in the NRC Public 
    Document Room.
        One commenter suggested that minutes of closed meetings be prepared 
    when substantive regulatory issues are raised in a closed meeting or 
    when minutes of the closed meeting can be prepared and released to the 
    public. The NRC recognizes that closed meetings may involve discussions 
    regarding substantive regulatory matters, such as those involving 
    preliminary, unverified information; meetings may also be closed 
    because of the administrative burden of opening the meeting for public 
    observation. The NRC does not believe it is necessary to require in the 
    policy statement the preparation of meeting minutes or summaries of 
    closed meetings. However, current NRC practice, when appropriate, is to 
    make publicly available summaries of non-public meetings. This practice 
    will continue.
    
    Duration of Policy
    
        One commenter suggested that any revised policy adopted by the NRC 
    be limited to a two-year trial basis similar to that approved for open 
    enforcement conferences. Another commenter suggested that the policy 
    statement should be limited to a period necessary to determine if there 
    is sufficient interest to justify the expense of opening routine 
    meetings to the public. The NRC believes that its long-term experience 
    with open meetings justifies opening staff meetings and that this 
    practice has resulted in significant benefits to the public. Thus the 
    NRC does not believe its policy should be limited for any particular 
    period of time.
    
    Costs
    
        Several commenters expressed concern regarding expenditures that 
    would be required by the NRC and licensees to accommodate public 
    observation of meetings. Two commenters expressed concern that 
    additional expenditures would be incurred without commensurate 
    benefits; for example, that public meetings may be held with no public 
    attendance. Should this happen, these commenters suggested that these 
    types of meetings be added as exemptions because no public interest in 
    them would have been demonstrated. Others believed that the proposal 
    should be abandoned because it would affect fee assessments under the 
    agency's 100-percent user fee policy, resulting in a net loss in 
    regulatory effectiveness and with no public benefit. The NRC does not 
    envision more than a nominal increase in expenditures because the 
    meetings in question will be held with or without public attendance, 
    and are usually held at NRC facilities and meetings at licensee 
    facilities are normally held in a facility readily accessible to the 
    public. NRC's costs associated with operating the toll-free telephone 
    line and the public-access electronic bulletin board are minimal and, 
    to a great extent, offset by consolidating several current meeting 
    notice telephone systems into one. Press notices of public meetings 
    will be included in the agency's Weekly Press Release Compilation. 
    Concerns related to fee assessments are routinely addressed as part of 
    rulemakings for 10 CFR Parts 170 and 171. In February 1994, the NRC 
    issued the ``Report to the Congress on the U.S. Nuclear Regulatory 
    Commission's Licensee Policy Review Required by the Energy Policy Act 
    of 1992'' that addresses concerns raised regarding the NRC licensee fee 
    policy.
    
    American Mining Congress Comments
    
        The NRC invited public comment on concerns that had been submitted 
    by the American Mining Congress (AMC) on the September 1992, Interim 
    Policy Guidance that had been used by the NRC Office of Nuclear Reactor 
    Regulation, the Office for Analysis and Evaluation of Operational Data, 
    and the NRC regional offices. The AMC stated that the proposed policy 
    was generally responsive to its concerns. AMC's additional comments and 
    the concerns of other commenters who referenced AMC's concerns are 
    addressed in the preceding analysis of comments in Section II of this 
    document.
    
    III. Discussion of the Policy
    
        The purpose of revising the open meeting policy is to further the 
    goal of providing meaningful opportunities for the public to be 
    informed of NRC activities without unduly affecting open and candid 
    discussions between licensees and the NRC staff or interfering with the 
    NRC staff's ability to exercise its regulatory and safety 
    responsibilities without undue administrative burden. The policy also 
    provides guidance to the NRC staff concerning the types of meetings 
    that should be open to public observation. The open meeting policy is a 
    matter of NRC discretion and may be departed from as NRC convenience 
    and necessity may dictate.
        The open meeting policy excludes meetings where the expressed 
    intent is not to discuss substantive issues that are directly 
    associated with NRC's regulatory and safety responsibilities. Meetings 
    that would not need to be open could include training, conferences, and 
    association meetings where both NRC staff and applicant/licensee 
    officials participate. The open meeting policy also excludes meetings 
    or interviews between NRC staff and licensee staff or management 
    personnel that occur during the performance of an NRC inspection. The 
    policy also excludes meetings the NRC staff has with its own employees, 
    contractors, and consultants, other Federal agencies where the matter 
    does not relate to a specific activity for which NRC has oversight, and 
    with representatives of foreign governments and State and local 
    representatives on matters other than those relating to specific NRC 
    licensing or regulatory actions involving individual NRC licensees.
        Exemptions to the policy will permit meetings to be closed to 
    ensure that classified, commercial or financial proprietary, 
    safeguards, personal privacy, and investigative information protected 
    by statute or otherwise requiring protection is not disclosed to the 
    public. Other exemptions are provided to ensure that the NRC staff has 
    sufficient flexibility to efficiently carry out its responsibilities.
        A meeting to discuss preliminary, unverified information is not an 
    open meeting under the policy. The purpose of this exemption is to 
    ensure that licensees and applicants are not inhibited in bringing to 
    the Commission information that is not verified or sufficiently 
    analyzed to draw firm conclusions. It also ensures that discussions 
    about potential implications of this type of information occur candidly 
    and openly without fear that it may be misunderstood by the public as 
    fact or as final conclusions.
        A meeting that is an information exchange having no direct, 
    substantive connection to a specific NRC decision or action is not an 
    open meeting under this policy. The purpose of this exemption is to 
    ensure that routine administrative matters relating to regulatory 
    activities can be carried out efficiently. For example, drop-in visits 
    or similar management meetings between senior executives of a utility 
    licensed to operate a nuclear power plant and the Executive Director 
    for Operations, Regional Administrators, or other senior NRC managers 
    are generally closed meetings because they typically consist of a 
    general exchange of information not directly related to any regulatory 
    action or decision. Furthermore, meetings to discuss schedules for NRC 
    actions, or the status of an applicant's or licensee's activities would 
    not be open under this exemption. Meetings between staff and licensees 
    or trade groups to discuss technical issues or licensee performance 
    would normally be open under this provision because they may lead to 
    specific regulatory action.
        The final exemption is for meetings where the administrative burden 
    associated with public attendance could interfere with the NRC staff's 
    efficient execution of its safety and regulatory responsibilities. This 
    exemption ensures that the NRC staff has the discretion to have a 
    needed meeting on short notice where adequate public notice cannot be 
    provided without placing an undue burden on the agency. The meeting 
    could be necessary because of an urgent issue that needs addressing or 
    where the opportunity becomes available on short notice to meet with an 
    official of the applicant or licensee that would benefit the NRC staff 
    person in carrying out his or her duties. The meeting also might be in 
    a location that does not have the facilities to easily accommodate the 
    public, such as within a plant's protected area, because these meetings 
    would require an undue administrative burden to establish access 
    authorization for members of the public. For example, an NRC manager 
    may visit a facility on short notice or without any notice for purposes 
    other than meeting with licensee officials. These purposes may include 
    but are not limited to monitoring and assessing the performance of NRC 
    subordinates, touring the facility, or independently assessing licensee 
    performance. During such a trip, he or she may visit licensee officials 
    and may discuss substantive regulatory issues with them. Opening such a 
    meeting to the public would constitute an undue administrative burden 
    and could impede the efficient executions of the NRC's safety and 
    regulatory responsibilities.
        The public meeting notice system planned for providing public 
    notice of all NRC staff meetings open to the public will have a toll-
    free telephone recording and a public-access electronic bulletin board 
    for announcing meeting notice information. Open staff meetings will 
    also be announced by a weekly press release as well as being posted in 
    the agency's Public Document Room, as is the current practice.
    
    IV. Commission Policy Statement on Staff Meetings Open to the Public
    
    A. Purpose
    
        This statement presents the policy that the Nuclear Regulatory 
    Commission (NRC) staff will follow in opening meetings between the NRC 
    staff and one or more outside persons to public observation. The policy 
    continues NRC's longstanding practice of providing the public with the 
    fullest information practicable on its activities and of conducting 
    business in an open manner, while balancing the need for the NRC staff 
    to exercise its regulatory and safety responsibilities without undue 
    administrative burden. This policy also announces central agency 
    services available to the public for obtaining schedules for the staff 
    meetings that are open to public attendance. Implementing guidance will 
    be issued to the NRC staff as a management directive. This meeting 
    policy is a matter of NRC discretion and may be departed from as NRC 
    convenience and necessity may dictate.
    
    B. Definition
    
        A public meeting is a planned, formal encounter open to public 
    observation between one or more NRC staff members and one or more 
    outside persons physically present at a single meeting site, with the 
    expressed intent of discussing substantive issues that are directly 
    associated with the NRC's regulatory and safety responsibilities.
        An outside person is any individual who is not:
    a. An NRC employee;
    b. Under contract to the NRC;
    c. Acting in an official capacity as a consultant to the NRC;
    d. Acting in an official capacity as a representative of an agency of 
    the executive, legislative, or judicial branch of the U.S. Government 
    (except when the agency is subject to NRC regulatory oversight);
    e. Acting in an official capacity as a representative of a foreign 
    government;
    f. Acting in an official capacity as a representative of a State or 
    local government (except when specific NRC licensing or regulatory 
    matters are discussed).
    
    C. Applicability and Exemptions
    
        1. This policy applies solely to NRC staff-sponsored and conducted 
    meetings and not to meetings conducted by outside entities that NRC 
    staff members might attend and participate in. It does not apply to the 
    Commission or offices that report directly to the Commission. 
    Similarly, it does not apply to meetings between the NRC staff and 
    representatives of State governments, including Agreement State 
    representatives, relating to NRC Agreement State activities or to State 
    regulatory actions or to other matters of general interest to the State 
    or to the Commission, that is, matters other than specific NRC 
    licensing or regulatory actions involving specific licensees. Also, the 
    policy is not intended to apply to or supersede any existing law, rule, 
    or regulation that addresses public attendance at a specific type of 
    meeting. For example, 10 CFR Part 7 specifically addresses public 
    attendance at advisory committee meetings; and 10 CFR Part 9, Subpart 
    C, addresses public attendance at Commission meetings. The policy also 
    does not negate existing Memoranda of Understanding, procedural 
    agreements, or other formal agreements or requirements regarding the 
    accessibility of the public to observe or participate in meetings 
    between NRC and its licensees or any other entities. In addition, the 
    policy does not apply to meetings involving enforcement matters under 
    10 CFR Part 2, Appendix C nor to settlement conferences.
        2. In general, meetings between the NRC staff and outside persons 
    will be classified as public meetings unless the NRC staff determines 
    that the subject matter to be discussed--
        a. Is specifically authorized by an Executive Order to be kept 
    secret in the interests of national defense or foreign policy 
    (classified information) or specifically exempted from public 
    disclosure by statute;
        b. Contains trade secrets and commercial or financial information 
    (proprietary information);
        c. Contains safeguards information;
        d. Is of a personal nature where such disclosure would constitute a 
    clearly unwarranted invasion of personal privacy;
        e. Is related to a planned, ongoing, or completed investigation 
    and/or contains information compiled for law enforcement purposes;
        f. Could result in the inappropriate disclosure and dissemination 
    of preliminary, unverified information;
        g. Is a general information exchange having no direct, substantive 
    connection to a specific NRC regulatory decision or action;
        h. Indicates that the administrative burden associated with public 
    attendance at the meeting could result in interfering with the NRC 
    staff's execution of its safety and regulatory responsibilities, such 
    as when the meeting is an integral part of the execution of the NRC 
    inspection program.
        It is important to note that whether or not a meeting should be 
    open for public attendance is dependent primarily on the subject matter 
    to be discussed, not who outside nor who within the NRC staff is 
    participating (e.g., staff level versus senior management).
        Also note that meetings between staff and licensees or trade groups 
    to discuss technical issues or licensee performance would normally be 
    open because they may lead to a specific regulatory decision or action. 
    However, should a meeting involving a general information exchange be 
    closed and should discussions during such a meeting approach issues 
    that might lead to a specific regulatory decision or action, the NRC 
    staff may advise the meeting attendees that such matters cannot be 
    discussed in a closed meeting and propose discussing the issues in a 
    future open meeting.
    
    D. Notice to the Public
    
        1. Normally, meeting announcement information is to be provided by 
    the staff to the agency's meeting announcement coordinator at least ten 
    days in advance of the date of the meeting so that adequate notice can 
    be made to the public.
        Public notice will be provided through the Weekly Compilation of 
    Press Releases and posting in the NRC headquarter's Public Document 
    Room, 2120 L Street (Lower Level) NW., Washington, DC. The public may 
    obtain a schedule of agency staff meetings on a toll-free telephone 
    recording at 800-952-9674 and on a toll-free electronic bulletin board 
    at 800-952-9676.
        2. Meetings which are scheduled for the next 60 calendar days will 
    be announced to the public. Meeting announcements will include the 
    date, time, and location of the meeting, as well as its purpose, the 
    agency and outside organizations in attendance, and the name and 
    telephone number of the agency contact for the meeting. Information 
    about canceled, rescheduled, and open meetings scheduled on short 
    notice will be updated daily or as needed by its posting at the agency 
    Public Document Room, on the telephone recording, and on the electronic 
    bulletin board.
    
        Dated at Rockville, MD, this 14th day of September 1994.
    
        For the Nuclear Regulatory Commission.
    John C. Hoyle,
    Acting Secretary of the Commission.
    [FR Doc. 94-23205 Filed 9-19-94; 8:45 am]
    BILLING CODE 7590-01-P
    
    
    

Document Information

Published:
09/20/1994
Department:
Nuclear Regulatory Commission
Entry Type:
Uncategorized Document
Action:
Final policy statement.
Document Number:
94-23205
Dates:
November 1, 1994.
Pages:
0-0 (1 pages)
Docket Numbers:
Federal Register: September 20, 1994