[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]


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


NUCLEAR REGULATORY COMMISSION
 

Staff Meetings Open to the Public; Final Policy Statement

AGENCY: Nuclear Regulatory Commission.

ACTION: Final policy statement.

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

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