[Federal Register Volume 59, Number 38 (Friday, February 25, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-4332]


[[Page Unknown]]

[Federal Register: February 25, 1994]


=======================================================================
-----------------------------------------------------------------------

UNITED STATES ENRICHMENT CORPORATION

10 CFR Part 1101

 

Sunshine Regulations; Meetings

AGENCY: United States Enrichment Corporation.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The United States Enrichment Corporation (Corporation), a 
newly formed Government corporation established by the Energy Policy 
Act of 1992, is issuing this proposed rule pursuant to section 3 of the 
Government in the Sunshine Act, 5 U.S.C. 552b(g) (Sunshine Act). These 
implementing regulations establish procedures for conducting meetings 
of the Board of Directors of the Corporation in compliance with the 
Sunshine Act. In conjunction with this proposed rule, the Corporation 
has consulted with the Office of the Chairman of the Administrative 
Conference of the United States, and is soliciting comments from 
interested parties which it will review and, where appropriate, reflect 
in the final rule.

DATES: Comments must be submitted on or before March 25, 1994.

ADDRESSES: Comments may be mailed to the Office of General Counsel, 
United States Enrichment Corporation, Two Democracy Center, 6903 
Rockledge Drive, Bethesda, Maryland 20817.

FOR FURTHER INFORMATION CONTACT:
Robert J. Moore, General Counsel, (301) 564-3200.

SUPPLEMENTARY INFORMATION:

Background

    The United States Enrichment Corporation, an agency and 
instrumentality of the United States, was established by the Energy 
Policy Act of 1992, Pub. L. 102-486, 106 Stat. 2923, as a wholly-owned 
Government corporation. The Corporation has undertaken the uranium 
enrichment enterprise formerly operated by the Department of Energy. 
Among other things, the Corporation was established as the Government's 
exclusive agent for the marketing and sale of enriched uranium and 
uranium enrichment and related services. Pursuant to the Energy Policy 
Act, the powers of the Corporation are vested in a five-member Board of 
Directors, the members of which are to be appointed by the President by 
and with the advice and consent of the Senate.
    In connection with its legitimate activities, the Board of 
Directors of the Corporation may hold meetings for the purpose of 
conducting or disposing of official business of the Corporation. 
Pursuant to the Energy Policy Act, the Board of Directors of the 
Corporation shall meet not less than quarterly. The Corporation is 
issuing these proposed regulations pursuant to section 3 of the 
Sunshine Act to ensure compliance with its provisions.
    In general, the Sunshine Act provides safeguards designed to 
provide public access to meetings of the Corporation's Board of 
Directors, while preserving the Corporation's ability to effectively 
and efficiently conduct its business. Specifically, the Sunshine Act 
requires the Corporation to make meetings of a quorum of its Board of 
Directors open to public observation, except as provided for in the 
Act.
    The Corporation, which assumed responsibility for the uranium 
enrichment enterprise on July 1, 1993, has been operating for less than 
eight months. It is anticipated that the five individuals nominated for 
membership on the Corporation's Board of Directors will be confirmed by 
the Senate and appointed by the President shortly. Prior to the 
promulgation of the final rule implementing the Sunshine Act, the 
Corporation will regard this proposed rule as a Corporate policy, and 
will follow its provisions accordingly.

Proposed Rule

    As a whole, these regulations provide the procedures for providing 
public notice of meetings of the Corporation's Board of Directors, 
holding open meetings and closing meetings in accordance with the 
Sunshine Act. Section 1101.3 establishes standards for public 
observation of the meetings of the Corporation's Board of Directors. 
Section 1101.4 establishes procedures by which the Corporation will 
provide notice to the public of meetings of its Board of Directors. 
Section 1101.5 sets out the procedures for closing such meetings, while 
Sec. 1101.6 establishes the criteria for closing meetings. Finally, 
Sec. 1101.7 establishes procedures for the maintenance of transcripts 
of closed meetings.

Paperwork Reduction Act

    The Corporation certifies that this proposed rule does not require 
additional reporting under the criteria of the Paperwork Reduction Act 
of 1980, 44 U.S.C. 3501 et seq.

Executive Order 12291

    This proposed rule is not a ``major rule'' within the meaning of 
E.O. 12291 because it: (1) Does not have an annual effect on the 
economy of $100 million for more; (2) does not result in a major 
increase in the cost of financial institution operations or 
governmental supervision; and (3) does not have a significant adverse 
effect on competition (foreign or domestic), employment, investment 
productivity or innovation within the meaning of E.O. 12291. 
Accordingly, a regulatory impact analysis is not required.

Regulatory Flexibility Act

    Pursuant to section 605(b), the Corporation certifies that the 
proposed regulations, and any final regulations that may be adopted 
following comment on the proposed regulations, are not expected to have 
a significant economic impact on a substantial number of small entities 
within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601 et 
seq. This proposed rule implements the Sunshine Act, which is concerned 
with public access to meetings of the Corporation's Board of Directors. 
By its terms, the Sunshine Act does not address private business or 
corporate entities.
    Accordingly, a regulatory flexibility analysis is not required.

List of Subjects in 10 CFR Part 1101

    Administrative practice procedure, Public Meetings, Records, 
Sunshine Act.

    Issued in Washington, DC, February 18, 1994.
William H. Timbers, Jr.,
Transition Manager.

    For the reasons set out in the preamble, it is proposed to 
establish new chapter XI in title 10 of the Code of Federal 
Regulations, consisting of part 1101 to read as follows:
CHAPTER XI--UNITED STATES ENRICHMENT CORPORATION

PART 1101--SUNSHINE ACT REGULATIONS

Sec.
1101.1  Purpose and scope.
1101.2  Definitions.
1101.3  Open meetings.
1101.4  Notice of Meetings.
1101.5  Procedure for closing meetings.
1101.6  Criteria for closing meetings.
1101.7  Transcripts of closed meetings.
1101.8  Report to Congress.

    Authority: 5 U.S.C. 552b.


Sec. 1101.1  Purpose and scope.

    (a) The provisions of this part are intended to implement the 
requirements of section 3(a) of the Government in the Sunshine Act, 5 
U.S.C. 552b for the United States Enrichment Corporation 
(``Corporation'').
    (b) Nothing in this part expands or limits the present rights of 
any person under the Freedom of Information Act (5 U.S.C. 552), except 
that the exemptions set forth in Sec. 1101.6 shall govern in the case 
of any request made pursuant to the Freedom of Information Act to copy 
or inspect the transcripts, recordings, or minutes described in 
Sec. 1101.7.
    (c) Nothing in this part authorizes the Corporation to withhold 
from any individual any record, including transcripts, recordings, or 
minutes required by this part, which is otherwise accessible to such 
individual under the Privacy Act (5 U.S.C. 552a).
    (d) The requirements of chapter 33 of title 44 of the United States 
Code shall not apply to the transcripts, recordings, and minutes 
described in Sec. 1101.7.


Sec. 1101.2  Definitions.

    For the purposes of this part:
    Agency means any agency, as defined in 5 U.S.C. 552(e), headed by a 
collegial body composed of two or more individual members, a majority 
of whom are appointed to such position by the President with the advice 
and consent of the Senate, and any subdivision thereof authorized to 
act on behalf of the agency.
    Board means the Board of Directors of the Corporation.
    Corporation means the United States Enrichment Corporation.
    Meeting means the deliberations of at least a quorum of the 
Corporation Board where such deliberations determine or result in the 
joint conduct or disposition of official Corporation business. A 
meeting may be conducted under this part through telephone or similar 
communications equipment by means of which all participants can hear 
each other. The term meeting does not include deliberations required or 
permitted by Sec. 1101.4 or Sec. 1101.5 and does not include the 
process of notation voting by circulated memorandum for the purpose of 
expediting consideration of routine matters.
    Member means an individual who is a member of the Corporation 
Board.
    Quorum means the number of members authorized to conduct 
Corporation business pursuant to the Corporation's bylaws.


Sec. 1101.3  Open meetings.

    Members shall not jointly conduct or dispose of Corporation 
business other than in accordance with this part. Except as provided in 
Sec. 1101.6, every portion of every meeting of the Corporation shall be 
open to public observation, and the Corporation shall provide suitable 
facilities therefore. The public is invited to observe and listen to 
all meetings of the Corporation, or portions thereof, open to public 
observation, but may not participate in the deliberations at such 
meetings or record any portion of such meetings by means of electronic 
or other devices or cameras.


Sec. 1101.4  Notice of meetings.

    (a) The Corporation shall make a public announcement of the time, 
place, and subject matter of each meeting, whether it is to be open or 
closed to the public, and the name and telephone number of a 
Corporation official who can respond to requests for information about 
the meeting.
    (b) Such public announcement shall be made at least one week before 
the meeting unless a majority of the members determine by a recorded 
vote that the Corporation business requires that such meeting be called 
at an earlier date. If an earlier date is so established, the 
Corporation shall make such public announcement at the earliest 
practicable time.
    (c) Following a public announcement required by paragraph (a) of 
this section, the time or place of the meeting may be changed only if 
the Corporation publicly announces the change at the earliest 
practicable time. The subject matter of a meeting or the determination 
to open or close a meeting or portion of a meeting to the public may be 
changed following the public announcement required by paragraph (a) of 
this section only if a majority of the members determine by a recorded 
vote that the Corporation business so requires and that no earlier 
announcement of the change was possible and if the Corporation publicly 
announces such change and the vote of each member upon such change at 
the earliest, practicable time.
    (d) In addition to any other means which the Corporation may 
choose, public announcements required by this section shall be made by 
posting a notice in the reception area of the Corporation's 
headquarters at 6903 Rockledge Drive, Bethesda, Maryland 20817.
    (e) Immediately following each public announcement required by this 
section, notice of the time, place, and subject matter of a meeting, 
whether the meeting is open or closed, any change in one of the 
preceding, and the name and phone number of the Corporation official 
designated to respond to requests for information about the meeting 
shall be submitted for publication in the Federal Register.
    (f) Votes taken pursuant to this section may be conducted through 
any means which the Corporation Board determines are appropriate, 
including a notation voting process.


Sec. 1101.5  Procedure for closing meetings.

    (a) Action under Sec. 1101.6 to close a meeting shall be taken only 
when a majority of the member vote to take such action. A separate vote 
shall be taken with respect to each meeting, a portion or portions of 
which are proposed to be closed to the public pursuant to Sec. 1101.6, 
or with respect to any information which is proposed to be withheld 
pursuant to Sec. 1101.6. A single vote may be taken with respect to a 
series of meetings, a portion or portions of which are proposed to be 
closed to the public, or with respect to any information concerning 
such series of meetings, so long as each meeting in such series 
involves the same particular matters and is scheduled to be held no 
more than thirty (30) days after the initial meeting in such series. 
The vote of each member participating in such vote shall be recorded 
and no proxies shall be allowed.
    (b) Notwithstanding that the members may have already voted not to 
close a meeting, whenever any person whose interests may be directly 
affected by a portion of a meeting requests that the agency close such 
portion to the public for any of the reasons referred to in paragraphs 
(e), (f), or (g) of Sec. 1101.6, the Board, upon request of any one of 
its members made prior to the commencement of such portion, shall vote 
by recorded vote whether to close such portion of the meeting.
    (c) Within one day of any vote taken pursuant to this section, the 
Corporation shall make publicly available a written copy of such vote 
reflecting the vote of each member on the question. If a portion of a 
meeting is to be closed to the public, the Corporation shall, within 
one day of the vote taken pursuant to this section, make publicly 
available a full written explanation of this action closing the portion 
together with a list of all persons expected to attend the meeting and 
their affiliation. Information to be made public available pursuant to 
this paragraph (c) shall be posted in the reception area of the 
Corporation's headquarters.
    (d) For every meeting closed pursuant to Sec. 1101.6, there shall 
be a certification by the General Counsel of the Corporation stating 
whether, in this or her opinion, the meeting may be closed to the 
public and each relevant exemptive provision. A copy of such 
certification shall be retained by the Corporation and shall be made 
publicly available.
    (e) Votes taken pursuant to this section may be conducted through 
any means which the Corporation Board determines are appropriate, 
including a notation voting process.


Sec. 1101.6  Criteria for closing meetings.

    Except in a case where the Board finds that the public interest 
requires otherwise, the second sentence of Sec. 1101.3(a) shall not 
apply to any portion of a meeting and such portion may be closed to the 
public, and the requirements of Secs. 1101.4 and 1101.5 (a), (b), and 
(c) shall not apply to any information pertaining to such meeting 
otherwise required by this part to be disclosed to the public, where 
the Board properly determines that such portion or portions of its 
meeting or the disclosure of such information is likely to:
    (a) Disclose matters that are:
    (1) Specifically authorized under criteria established by an 
Executive order to be kept secret in the interests of national defense 
for foreign policy and
    (2) In fact properly classified pursuant to such Executive order;
    (b) Relate solely to the internal personnel rules and practices of 
the Corporation:
    (c) Disclose matters specifically exempted from disclosure by 
statute (other than 5 U.S.C. 552), provided that such statute:
    (1) Requires that the matters be withheld from the public in such a 
manner as to leave no discretion on the issue, or
    (2) Establishes particular criteria for withholding or refers to 
particular types of matters to be withheld, including section 1314 of 
the Atomic Energy Act of 1954, as amended, 42 U.S.C. 2297b-13, with 
reference to trade secrets and commercial and financial information, 
and section 148 of the Atomic Energy Act of 1954, as amended, 42 U.S.C. 
2168, with reference to particular information regarding the facilities 
leased by the Corporation from the U.S. Department of Energy;
    (d) Disclose trade secrets and commercial or financial information 
obtained from a person and privileged or confidential;
    (e) Involve accusing any person of a crime, or formally ensuring 
any person;
    (f) Disclose information of a personal nature where disclosure 
would constitute a clearly unwarranted invasion of personal privacy;
    (g) Disclose investigatory records compiled for law enforcement 
purposes, or information which if written would be contained in such 
records, but only to the extent that the production of such records or 
information would:
    (1) Interfere with enforcement proceedings,
    (2) Deprive a person of a right to a fair trial or an impartial 
adjudication,
    (3) Constitute an unwarranted invasion of personal privacy,
    (4) Disclose the identity of a confidential source and, in the case 
of a record compiled by a criminal law enforcement authority in the 
course of a criminal investigation, or by an agency conducting a lawful 
national security intelligence investigation, confidential information 
furnished only by the confidential source,
    (5) Disclose investigative techniques and procedures, or
    (6) Endanger the life or physical safety of law enforcement 
personnel;
    (h) Disclose information contained in or related to examination, 
operating or condition reports prepared by, on behalf of, or for the 
use of an agency responsible for the regulation or supervision of 
financial institutions;
    (i) Disclose information the premature disclosure of which would be 
likely to significantly frustrate implementation of a proposed action 
of an agency, except that this provision shall not apply in any 
instance where such an agency has already disclosed to the public the 
content or nature of its proposed action, or where such an agency is 
required by law to make such disclosure on its own initiative prior to 
taking final action on such proposal; or
    (j) Specifically concern the Corporation's participation in a civil 
action or proceeding, an action in a foreign court or international 
tribunal, or an arbitration, or the initiation, conduct, or disposition 
by the Corporation of a particular case of formal agency adjudication 
pursuant to the procedures in 5 U.S.C. 554 or otherwise involving a 
determination on the record after opportunity for a hearing.


Sec. 1101.7  Transcripts of closed meetings.

    (a) For every meeting closed pursuant to Sec. 1101.6, the presiding 
officer of the meeting shall prepare a statement setting forth the time 
and place of the meeting, and the persons present, and such statement 
shall be retained by the Corporation.
    (b) The Corporation shall maintain a complete transcript or 
electronic recording adequate to record fully the proceedings of each 
meeting, or portion of a meeting, closed to the public, except that in 
the case of a meeting, or portion of a meeting, closed to the public 
pursuant to paragraph (h) or (j) of Sec. 1101.6, the Corporation shall 
maintain either such a transcript or recording, or a set of minutes. 
Such minutes shall fully and clearly describe all matters discussed and 
shall provide a full and accurate summary of any actions taken, and the 
reasons therefor, including a description of each of the views 
expressed on any item and the record of any rollcall vote (reflecting 
the vote of each member on the question). All document considered in 
connection with any action shall be identified in such minutes.
    (c) The Corporation shall maintain a complete verbatim copy of the 
transcript, a complete copy of the minutes, or a complete electronic 
recording of each meeting, or portion of a meeting, closed to the 
public, for a period of at least two (2) years after such meeting, or 
until one year after the conclusion of any Corporation proceeding with 
respect to which the meeting or portion was held, whichever occurs 
later.
    (d) Within a reasonable time after the adjournment of a meeting 
closed to the public, the Corporation shall make available to the 
public, at the Corporation's headquarters, the transcript, electronic 
recording, or minutes of the discussion of any item on the agenda, or 
of any item of the testimony of any witness received at the meeting, 
except for such item or items of such discussion or testimony as the 
Corporation determines to contain information which may be withheld 
under Sec. 1101.6. Copies of such transcript, electronic recording or 
minutes shall be furnished to any person at the actual cost of 
duplication or transcription.


Sec. 1101.8  Report to Congress.

    The Corporation shall report to the Congress annually regarding its 
compliance with the requirements of the Government in the Sunshine Act, 
5 U.S.C. 552b.

[FR Doc. 94-4332 Filed 2-23-94; 9:18 am]
BILLING CODE 8270-01-M