[Federal Register Volume 67, Number 102 (Tuesday, May 28, 2002)]
[Notices]
[Pages 36920-36924]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-13244]


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NUCLEAR REGULATORY COMMISSION


Enhancing Public Participation in NRC Meetings; Policy Statement

AGENCY: Nuclear Regulatory Commission.

ACTION: Policy Statement.

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SUMMARY: The Nuclear Regulatory Commission (NRC) is revising its public 
meeting policy to enhance public participation in NRC meetings. This 
policy brings consistency to NRC public meetings planned by 
headquarters and regional staff by introducing a categorization system 
whereby the public can anticipate the level of participation that will 
be provided for during an upcoming meeting. The NRC has identified 
three categories of public meetings it convenes and has described 
information availability and follow-up effort associated with each 
meeting category. Information such as agendas, background documents, 
and meeting summaries will be available in ADAMS and at NRC's web site 
for certain categories of meetings. The policy also provides guidance 
on teleconferencing, security, and other administrative issues related 
to NRC staff-sponsored public meetings. This revision is in response to 
suggestions made by the public at a meeting held in April, 2001, and to 
fulfill the NRC's strategic goal of increasing public confidence.

EFFECTIVE DATE: May 28, 2002.

FOR FURTHER INFORMATION CONTACT: Mindy Landau or Ramin Assa, Office of 
the Executive Director for Operations, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001, telephone: (301) 415-8703 or 
(301) 415-8709 respectively.

[[Page 36921]]

Commission Policy Statement on Staff Meetings Open to the Public

A. Purpose

    The Nuclear Regulatory Commission has had a formal policy regarding 
open meetings since 1978 which has been revised periodically, and most 
recently on September 20, 2000. This paper presents a revised policy 
that the Nuclear Regulatory Commission (NRC) will follow in opening 
meetings between the agency staff and one or more outside persons to 
public observation and participation. The revised policy continues 
NRC's longstanding practice of providing the public with substantial 
information 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. The revised policy also sets forth a plan for categorizing 
meeting types that will provide a framework for enhancing public 
participation. The public will be notified of the category of the 
meeting, and thereby the level of participation to be anticipated, via 
the NRC's Public Meeting Notice System on its web site. Implementing 
guidance will be issued to the NRC staff. This meeting policy is a 
matter of NRC discretion and may be departed from as circumstances 
warrant.

B. Definition

    A public meeting is a planned, formal encounter open to public 
observation and participation between one or more NRC staff members and 
one or more external stakeholders, with the expressed intent of 
discussing substantive issues that are directly associated with the 
NRC's regulatory and safety responsibilities. An external stakeholder 
is any individual who is not:
    1. An NRC employee;
    2. Under contract to the NRC;
    3. Acting as an official consultant to the NRC;
    4. Acting as an official representative of an agency of the 
executive, legislative, or judicial branch of the U.S. Government 
(except on matters where the agency is subject to NRC regulatory 
oversight);
    5. Acting as an official representative of a foreign government;
    6. Acting as an official representative of a State or local 
government or
    Tribal official (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 in which NRC 
staff members might attend and participate. It does not apply to 
Commission meetings or to meetings sponsored by offices that report 
directly to the Commission. Similarly, it does not apply to meetings 
between NRC staff and representatives of State government, 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 
and 10 CFR part 9 will continue to be applicable to advisory committee 
meetings and Commission meetings, respectively.
    2. This policy covers various types of public ``meetings.'' It does 
not cover the ``hearings'' associated with adjudicatory proceedings 
under the Commission's Rules of Practice in 10 CFR part 2.
    The term ``public meeting'' is traditionally associated with the 
Commission's efforts to provide information to the public and to seek 
public views on various generic and site-specific issues. These 
meetings are open to a wide variety of people with an interest in the 
subject matter and a willingness to follow the ground rules established 
for the conduct of the meeting.
    The term ``hearings,'' covered under 10 CFR part 2, relates 
primarily to Commission adjudicatory proceedings on various types of 
licenses and licensing actions (e.g., initial issuance of a license, 
amendment of an existing license, renewal of a license) or to 
enforcement actions involving the imposition of civil penalties or 
orders to modify, suspend or revoke a license or take other appropriate 
action. This policy also does not cover meetings concerning the 
settlement of issues pertaining to any proceeding or regarding 
enforcement matters. Specific requirements regarding participation in 
and the conduct of such hearings are provided in the Commission's Rules 
of Practice set out in 10 CFR part 2.
    3. Meetings between the NRC staff and external stakeholders will be 
designated as public meetings unless the NRC staff determines that the 
subject matter or information to be discussed meets one or more of the 
following criteria:
    a. Is specifically authorized by an Executive Order to be withheld 
in the interests of national defense or foreign policy (classified 
information) or specifically exempt from public disclosure by statute;
    b. Contains safeguards or other protected information;
    c. Contains trade secrets and commercial or financial information 
(proprietary 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, predecisional or unverified information;
    g. Is a general information exchange having no direct, substantive 
connection to a specific NRC regulatory decision or action. However, 
should discussions in a closed 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.
    h. Indicates that the administrative burden associated with public 
attendance at the meeting could interfere with the 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 to the public is dependent primarily on the subject matter to be 
discussed, not who 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.

D. Public Participation in NRC Meetings

    In order to fulfill the NRC's strategic goal of increasing public 
confidence, the agency has identified three categories of public 
meetings the agency convenes and has developed criteria for the level 
of public participation, information availability and follow-up effort 
associated with each meeting category. The extent of known public 
interest in the meeting or activity and the objective of the meeting 
insofar as public involvement is concerned, will be considered by the 
staff when assigning a meeting to an appropriate category. The 
description, purpose, and levels of

[[Page 36922]]

public participation for each category of meeting is described below.
Category 1
    Description--Meetings in this category are typically held with one 
licensee, vendor, applicant or potential applicant rulemaking to 
discuss particular regulatory issues regarding their specific facility 
(or facilities), certificate of compliance, license or license 
application.
    Meeting Purpose--The purpose of this type of meeting is to discuss 
one particular facility or site, or certified system or device, with an 
applicant or licensee regarding, for example, technical issues in an 
application, licensee actions, or inspection results. At this type of 
meeting, NRC anticipates that the public would obtain factual 
information to assist in their understanding of the applicable 
regulatory issues and NRC actions.
    Examples--Examples of this type of meeting could include: Annual 
public meetings to discuss plant performance, regulatory conferences, 
predecisional enforcement conferences, meetings held prior to a 
facility restarting, as well as meetings held on licensing actions (or 
applications), renewals and amendments, new facilities, away-from-
reactor storage sites, large or complex fuel cycle facilities, or waste 
disposal sites. Certain inspection exit meetings such as those for 
Incident Investigation Teams, Augmented Inspection Teams or others as 
appropriate, would also be included in this category.
    Level of Public Participation--The public is invited to observe the 
meeting consistent with past practice, and the public will have the 
opportunity to communicate with the NRC after the business portion of 
the meeting, but before the meeting is adjourned. This does not 
preclude the licensee from responding to questions if they choose to do 
so.
    For Category 1 meetings longer than two hours, one or more 
opportunities may be provided for the public to ask questions before 
the end of the meeting, if practicable. In advance of the meeting, 
members of the public may request, via e-mail or telephone, that the 
meeting coordinator consider changing the meeting to a Category 2 
meeting (discussed below), depending on the level of public interest in 
the activity being discussed. Meetings that the staff believe will 
generate high public interest should also provide more than one 
opportunity for public comments and questions. The decision on whether 
to change the category of any particular meeting is a matter left to 
the discretion of the staff on a case-by-case basis.
    Types of Information Provided--At a minimum, an agenda or a list of 
items to be discussed will be entered into the Agencywide Documents 
Access and Management System (ADAMS). The ADAMS document accession 
number would be provided in the meeting notice that is posted at our 
public Web site for access to any primary or background documents.
    Follow-up--No formal follow-up will be provided beyond the normal 
period for questions. Informal follow-up (telephone or e-mail) may be 
appropriate for certain questions that cannot be answered at the 
meeting. Members of the public also have the option of writing or e-
mailing the staff about particular concerns. These concerns will be 
considered by the staff as it deliberates on the issue. Feedback forms 
would also be provided at this type of meeting, so that comments can be 
reviewed and offices can track any planned improvements or resulting 
actions in their operating plans, as appropriate. Meeting summaries and 
participant lists will be publicly available in ADAMS.
Category 2
    Description--Meetings in this category are typically held with a 
group of industry representatives, licensees, vendors or non-
governmental organizations.
    Meeting Purpose--The purpose of this type of meeting is for NRC to 
obtain feedback from the regulated community and other external 
stakeholders on issues that could potentially affect more than one 
licensee. At this type of meeting, NRC anticipates that the public 
would obtain factual information and provide the agency with feedback 
on the analysis of the issues, alternatives and/or decisions.
    Examples--This type of meeting includes task force groups, industry 
groups (such as the Nuclear Energy Institute or owners groups), or 
public interest and citizen group discussions that focus on issues that 
could apply to several facilities, such as plant system aging, license 
renewal, decommissioning, or spent fuel storage.
    Level of Public Participation--The public is invited to discuss 
regulatory issues with the agency at designated points identified on 
the agenda. Generally, there will be more opportunities provided for 
the public to ask questions and provide comments at a meeting of this 
type than at a Category 1 meeting.
    Types of Information--An agenda, names of participants, and 
background documents will be entered into ADAMS, and the ADAMS package 
accession number will be provided in the meeting notice. A Web page 
with links to other appropriate background information will be made 
available at NRC discretion. The ADAMS package accession number and any 
link to a Web page will be posted to the public Web site.
    Follow-up--Staff will provide answers to questions as appropriate 
during the meeting. Questions that cannot be answered at the meeting 
will be assigned to a designated staff person as an action item. 
Meeting summaries or any transcripts and participant lists would be 
provided in ADAMS and on the Web, if a Web site is established. 
Feedback forms will be provided as they are in Category 1 meetings, so 
that comments can be reviewed and offices can track any planned 
improvements or resulting actions in their operating plans, as 
appropriate.
Category 3
    Description--This type of meeting would be held with 
representatives of non-government organizations, private citizens or 
interested parties, or various businesses or industries (other than 
those covered under Category 2) to fully engage them in a discussion on 
regulatory issues.
    Meeting Purpose--The purpose of this type of meeting is to maximize 
discussions with the public to ensure that their issues and concerns 
are presented, understood and considered by the NRC. The NRC 
anticipates that the public would work with the agency to facilitate 
the widest exchange of information, views, concerns and suggestions 
with regard to license-specific or generic regulatory issues.
    Examples--Examples might include town hall or roundtable 
discussions, Environmental Impact Statement scoping meetings, 
workshops, the Regulatory Information Conference, the Nuclear Safety 
Research Conference, or proposed rulemaking meetings.
    Level of Public Participation--Public participation is actively 
sought at this type of meeting, which has the widest participation 
opportunities and is specifically tailored for the public to comment 
and ask questions throughout the meeting.
    Types of Information--An agenda, names of participants and 
background documents will be entered into ADAMS, and the accession 
number will be provided in the meeting notice. In addition, a Web page 
will be created where all relevant documents for the meeting will be 
posted. The ADAMS accession number and a link to the required Web page 
will be posted to the public Web site.

[[Page 36923]]

    Follow-up--Staff follow-up is similar to Category 2, but meeting 
summaries or transcripts and participant lists will be provided in 
ADAMS and linked to the Web site. Feedback forms will also be provided 
at this level meeting.

E. Notice to the Public

    Meeting announcement information is to be provided to the public as 
soon as the staff is reasonably confident that a meeting will be held 
and firm date, time and facility arrangements have been made, but 
generally no fewer than 10 calendar days before the meeting. Where a 
meeting must be scheduled but cannot be announced 10 calendar days in 
advance, the staff will provide as much advance notice as possible. 
Public notice of meetings will be made via the internet on the NRC Web 
site. Meeting changes or cancellations will also be announced promptly 
on the NRC Web site. Members of the public who cannot access the NRC 
Web site can contact the NRC Public Document Room staff via a toll-free 
number (1-800-397-4209) or by e-mail ([email protected]) for information on 
scheduled NRC meetings. Some meetings having very high public interest 
will also be noticed via a press release or paid advertisement in local 
newspapers, or both.
    The assigned category level of the meeting, agenda, background 
documents, Commission papers, or other material that could be helpful 
to attendees at the meeting will be entered into ADAMS and made 
available through the public meeting notice system.
    Teleconferencing may be requested by participants to the extent 
that travel to a meeting is considered difficult for interested 
citizens. Requests for teleconferencing should be made directly to the 
meeting contact listed on the public meeting Web site. Such requests 
may be granted to the extent budget resources are available and 
technical factors can be accommodated.

F. Visitors and Security

1. Registration, Badging, and Sign-in Procedures
    All visitors to the NRC's White Flint North (WFN) complex in 
Rockville, Maryland are screened through metal detectors and their 
packages are x-rayed. All visitors age 18 and older must present a 
picture identification.
    During normal security access hours (6 a.m.--6 p.m. Monday through 
Friday), NRC employees must register their visitors (visitor's name, 
organization, time, place and purpose of visit, and whether the visit 
involves classified information) with the guard force.
    Visitors who have been registered in advance are issued a visitor 
badge by a guard and may move about freely without an escort in the 
public spaces. The public spaces in One White Flint North are the 
Public Document Room, the Commission Meeting Room (when open for a 
meeting), and the NUREG Caf[eacute]. In Two White Flint North, the 
public spaces are the Exhibit Area, Cafeteria, Snack 'n Go, and the 
Credit Union. Restrooms are also considered public spaces in both 
building complexes.
    Visitors to the Public Document Room, the Commission Meeting Room 
or Credit Union are not normally registered in advance and their access 
to the public spaces is restricted.
2. Parking Procedures
    Visitors to the NRC are encouraged to use Metro because parking 
availability is limited. Vehicles driven by visitors are subject to 
inspection (undercarriage, trunk, hood, and inside), before being 
allowed to enter the complex. Visitors must have prior approval 
(arranged by an NRC employee) to park inside the garage or in the 
outside visitor parking area behind the buildings. Visitors who want to 
park in the garage must have an NRC escort before driving into the 
garage. The NRC escort must accompany the visitor from the garage to a 
receptionist area on the lobby level for screening, registration, and 
badging. Visitors pre-approved to park in the outside visitor parking 
area are directed by a guard to park their vehicles in the visitor 
parking area and proceed to the lobby of either building to meet their 
escorts and go through screening, registration, and badging.
3. Recording Devices and Cameras
    Portable electronic devices including cellular telephones, pagers, 
palm-size computing devices, two-way radios, and portable computers are 
allowed into NRC buildings and public meetings. However, devices that 
could interrupt or distract from public meetings (cellular phones, 
pagers and two-way radios) are not to be used during public meetings.
    In addition, visitors may use recording devices in public meetings 
held in NRC headquarters spaces on the lobby levels designated as a 
``public access area.'' Cameras and video recording devices (e.g. 
camcorders) are permitted in public meetings on a case-by-case basis, 
with the approval of the Director, Office of Public Affairs or the 
Director, Division of Facilities and Security.
    Any article that could cause property damage or personal injury is 
prohibited in NRC buildings. Prohibited articles include firearms, 
explosives, and incendiary devices. Members of the public going to NRC 
``controlled spaces'' inside the buildings above the lobby levels are 
allowed access with recording devices with the approval of the 
sponsoring office and under the escort of an NRC employee.
4. Restrictions on Signs and Banners
    Signs, banners, posters, and displays not larger than 18''x18'' are 
permitted at NRC public meetings, but cannot be waved, held over one's 
head, or generally moved about in the meeting room because they are 
distracting to the participants and audience. Signs, banners, posters, 
and displays affixed to sticks, poles, etc., are not permitted in the 
meeting rooms.
5. Escort Requirements
    All visitors going to locations above the first floor lobby level 
must display an NRC visitor badge and must be escorted by an NRC 
employee--one employee may escort up to five visitors.
6. Use of NRC Copiers, Telephones, and Fax Machines
    Visitors may not use NRC copiers and fax machines without the 
approval and supervision of an NRC employee. Visitors may use building 
lobby level telephones to make brief in-house and local calls. Those 
visiting the PDR or attending public meetings are also prohibited from 
bringing copying or imaging devices, including scanners, CD-ROM 
writers, photocopy machines, or other devices which permit the 
duplication of NRC documents because of the devices' intrusive and 
disruptive nature.
7. Other Locations or Regions
    Visitor controls and related security procedures are established 
for public meetings held in NRC regional offices or other remote 
locations based on an overall assessment by the Physical Security 
Branch relative to potential security concerns. Security requirements 
nationwide may differ based on various factors and therefore meetings 
are evaluated on a case-by-case basis.
G. Contact
    The primary point of contact in the agency for general issues 
related to this policy will be the Assistant for Communications, Deputy 
Executive Director for Management Services, Office of the Executive 
Director for Operations. The Office of Public Affairs

[[Page 36924]]

is also available to receive questions and suggestions. There are also 
opportunities for comment on our public participation policies, or on 
any of our programs, at the link on the public involvement page of our 
Web site.

    Dated at Rockville, Maryland, this 21st day of May, 2002.

    For the Nuclear Regulatory Commission.
Annette Vietti-Cook,
Secretary of the Commission.
[FR Doc. 02-13244 Filed 5-24-02; 8:45 am]
BILLING CODE 7590-01-P