[Federal Register Volume 81, Number 169 (Wednesday, August 31, 2016)]
[Notices]
[Pages 60026-60029]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-20946]


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NUCLEAR REGULATORY COMMISSION

[NRC-2016-0178]


Enhancing Participation in NRC Public Meetings

AGENCY: Nuclear Regulatory Commission.

ACTION: Proposed revision to policy statement; request for comments.

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SUMMARY: To further clarify and enhance participation in public 
meetings conducted by the U.S. Nuclear Regulatory Commission (NRC), the 
NRC is proposing to revise its public meeting policy. The revised 
policy statement redefines the three categories of public meetings and 
identifies the level of public participation offered at each type of 
meeting. The revised policy statement also clarifies notification 
expectations for meetings that include physical presence in the meeting 
room and meetings that rely solely on remote access technology such as 
a teleconferencing. The proposed revisions will improve the consistency 
of the NRC's public meetings and help participants better prepare for 
NRC meetings.

DATES: Submit comments by November 14, 2016. Comments received after 
this date will be considered if it is practical to do so, but the 
Commission is able to ensure consideration only for comments received 
on or before this date.

ADDRESSES: You may submit comments by any of the following methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2016-0178. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected]. For technical questions contact 
the individual listed in the FOR FURTHER INFORMATION CONTACT section of 
this document.
     Mail comments to: Cindy Bladey, Office of Administration, 
Mail Stop: OWFN-12-H08, U.S. Nuclear Regulatory Commission, Washington, 
DC 20555-0001.
     For additional direction on obtaining information and 
submitting comments, see ``Obtaining Information and Submitting 
Comments'' in the SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Lance Rakovan, Office of the Executive 
Director for Operations, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001; telephone: 301-415-2589; email: 
[email protected].

SUPPLEMENTARY INFORMATION:

[[Page 60027]]

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2016-0178 when contacting the NRC 
about the availability of information for this action. You may obtain 
publicly-available information related to this action by any of the 
following methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2016-0178.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly-available documents online in the 
ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and 
then select ``Begin Web-based ADAMS Search.'' For problems with ADAMS, 
please contact the NRC's Public Document Room (PDR) reference staff at 
1-800-397-4209, 301-415-4737, or by email to [email protected].
     NRC's PDR: You may examine and purchase copies of public 
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852.

B. Submitting Comments

    Please include Docket ID NRC-2016-0178 in your comment submission.
    The NRC cautions you not to include identifying or contact 
information that you do not want to be publicly disclosed in your 
comment submission. The NRC will post all comment submissions at http://www.regulations.gov as well as enter the comment submissions into 
ADAMS. The NRC does not routinely edit comment submissions to remove 
identifying or contact information.
    If you are requesting or aggregating comments from other persons 
for submission to the NRC, then you should inform those persons not to 
include identifying or contact information that they do not want to be 
publicly disclosed in their comment submission. Your request should 
state that the NRC does not routinely edit comment submissions to 
remove such information before making the comment submissions available 
to the public or entering the comment into ADAMS.

II. Further Information

    The entire text of the proposed revision of the policy statement, 
``Enhancing Public Participation in NRC Meetings,'' is available as an 
attachment to this document.

    Dated at Rockville, Maryland, this 24th day of August, 2016.

    For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.

Attachment--Commission Policy Statement on Staff Meetings Open to the 
Public

A. Purpose

    The Nuclear Regulatory Commission's (NRC) longstanding practice 
is to provide the public with substantial information on its 
activities, to conduct business in an open manner, and to balance 
openness and transparency with the need to exercise regulatory and 
safety responsibilities without undue administrative burden. The 
NRC's policy is to open meetings between the agency staff and one or 
more outside persons to observation and participation to the extent 
possible. The NRC has had a formal policy regarding open (public) 
meetings since 1978. The current Commission Policy Statement 
Enhancing Public Participation in NRC Meetings was issued in 2002 
and can be accessed at http://www.nrc.gov/reading-rm/doc-collections/commission/policy/67fr36920.html.
    This policy establishes three public meeting categories based on 
the level of participation offered to attendees. The policy provides 
information such as descriptions of each category, information on 
how public meetings are announced, post-meeting activities, and 
applicability and exceptions.

B. Participation in NRC Public Meetings

    In order to fulfill the NRC's commitment to openness, the level 
of participation, purpose, and description for each category of 
public meeting are described below. When assigning a category to a 
meeting, NRC staff will consider the objective of the meeting and 
the extent of known public interest in the topic.
    The three meeting categories are based on the level of public 
participation to be provided at each type of meeting. Thus, some 
categories may support multiple meeting formats. The label for each 
category provides an indication of the level of participation 
meeting attendees can expect.
    The NRC is committed to providing an atmosphere of civility and 
inclusion at its public meetings. All participants are expected to 
follow established ground rules, including those provided in the 
applicable meeting notice posted on the NRC's public Web site, to 
support this atmosphere of civility and inclusion regardless of 
personal viewpoints. If the actions of one or more participants 
significantly impact this atmosphere, and therefore other 
participants' ability to observe or participate in a meeting, the 
NRC staff shall take appropriate actions to restore a more 
respectful environment, including ending a meeting early if 
necessary.

Observation Meeting

    Meeting Purpose--The purpose of this type of meeting is for the 
NRC to meet with representatives from one or more groups in an open 
and transparent manner to discuss regulatory and technical matters. 
The meeting will inform the public by providing information to help 
them understand the applicable regulatory issues and NRC actions.
    Level of Participation--Other attendees besides the 
representatives noted above are invited to observe the meeting and 
discuss regulatory issues with NRC representatives at a designated 
point or points identified on the agenda. This does not preclude the 
licensee from responding to questions if they choose to do so.
    Description--Meetings in this category include the NRC meeting 
with one or more industry groups, licensees, vendors, applicants, 
potential applicants, or non-government organizations, to discuss 
regulatory issues regarding a specific facility (or facilities), 
certificates of compliance, licenses, or license applications. This 
category of meeting could also include the NRC meeting with 
representatives of task force groups, industry groups, or public 
interest and citizen groups. The primary discussions are expected to 
occur between the NRC and representatives of those entities or 
groups.
    The following description will be included in an Observation 
Meeting notice:
    This is a meeting in which attendees will have an opportunity to 
observe the NRC performing its regulatory function or discussing 
regulatory issues. Attendees will have an opportunity to ask 
questions of the NRC staff or make comments about the issues 
discussed following the business portion of the meeting, but the NRC 
is not actively soliciting comments on regulatory decisions.
    Examples--Meetings of this category may include meetings with 
licensees (or applicants) to discuss license renewal, amendment or 
exemption requests; meetings with applicants related to topical 
report reviews, combined licenses, early site permits, or design 
certifications; annual public meetings to discuss plant performance 
as part of the Reactor Oversight Process; renewals, or amendments. 
Certain inspection exit meetings, such as those for Incident 
Investigation Teams or Augmented Inspection Teams, are included 
under this category.

Information Meeting With a Question and Answer Session

    Meeting Purpose--The purpose of this type of meeting is for the 
NRC to share information and discuss applicable regulatory issues 
and NRC actions with meeting attendees. The meeting will inform the 
public by providing information to help them understand the 
applicable regulatory issues and NRC actions through NRC 
presentations and discussions with NRC staff. These are organized, 
yet informal opportunities to interact with and ask questions of the 
NRC staff not associated with a more traditional public meeting 
format.
    Level of Participation--This type of meeting is tailored to 
inform attendees and allow them to ask questions.
    Description--Meetings in this category are held with interested 
parties, including representatives of non-government organizations, 
private citizens, or various businesses or industries, to engage 
them in a discussion of regulatory issues.
    The following description will be included in the notice for an 
Information Meeting with a Question and Answer Session:

[[Page 60028]]

    The purpose of this meeting is for the NRC staff to meet 
directly with individuals to provide an opportunity to discuss 
regulatory and technical issues. Attendees will have an opportunity 
to ask questions of the NRC staff or make comments about the issues 
discussed throughout the meeting, however the NRC is not actively 
soliciting comments towards regulatory decisions at this meeting.
    Examples--Meetings of this category may include town hall and 
roundtable discussions, and open house meetings.

Comment-Gathering Meeting

    Meeting Purpose--The purpose of this type of meeting is for the 
NRC to obtain feedback on regulatory issues and NRC actions. In most 
cases, the meeting will include a presentation by the NRC to explain 
the regulatory issue. The feedback received at these meetings is 
used to support actions such as licensing and rulemaking activities.
    Level of Participation--This type of meeting is tailored for 
attendees to provide opinions, perspectives, and feedback.
    Description--This type of meeting would be held with a broad 
number of interested parties, including representatives of non-
government organizations, private citizens, or various businesses or 
industries, to fully engage them in a discussion of a specific 
regulatory issue.
    The following description will be included in the notification 
of a Comment-Gathering Meeting:
    The purpose of this meeting is for NRC staff to meet directly 
with individuals to receive comments from participants on specific 
NRC decisions and actions to ensure that NRC staff understands their 
views and concerns.
    The notice for such meetings should include details as to how 
comments will be taken at the meeting (e.g., NRC staff taking notes, 
or creating a transcript of the meeting) and how NRC will use the 
comments (e.g., to inform NRC discussions, or as official comments 
related to a formal NRC regulatory decision), as well as to clarify 
whether participants will need to also submit comments made at the 
meeting in writing to receive formal consideration.
    Examples--Meetings of this category may include town hall and 
roundtable discussions, environmental impact statement scoping 
meetings, and workshops.

C. Notice and Access

    Although the extent of meeting outreach and preparation by NRC 
staff can be different for each meeting, certain steps are usually 
taken. Meeting information will be announced as soon as the NRC 
staff is reasonably confident that a meeting will be held and firm 
date, time, and facility arrangements have been made. This will 
generally occur no fewer than 10 days before a meeting. When a 
meeting must be scheduled but cannot be announced within the 10-day 
timeframe, the NRC staff will provide as much advance notice as 
possible.
    Public notice of meetings will be made through the NRC's Public 
Meetings & Involvement Web page at http://www.nrc.gov/public-involve.html. Meeting changes or cancellations will also be 
announced promptly on this Web page. Individuals who cannot access 
the NRC's public Web site can contact the NRC's PDR staff via a 
toll-free number (1-800-397-4209) or by email ([email protected]) 
for information on scheduled NRC meetings. Some meetings, 
specifically meetings with a high level of public interest, may also 
be noticed in the Federal Register or through other means such as a 
press release, blog post, or advertisement in local newspapers.
    Meeting details and materials such as an agenda, names of 
participants, and background documents will be entered into the 
NRC's Public Meeting Schedule Web site. A link to the materials as 
well as the Agencywide Documents Access and Management System 
(ADAMS) accession number for additional meeting materials such as 
presentations will, when possible, be provided in the meeting notice 
on the NRC's public Web site under the ``Public Meetings & 
Involvement'' page at http://www.nrc.gov/public-involve.html.
    Audio teleconferencing and other technologies that allow 
participation from locations other than a meeting room will be used 
whenever possible to help ensure widespread involvement in meetings. 
If information on how to participate remotely in a meeting is not 
provided in the meeting notice, individuals may request the use of 
such technology through the meeting contact listed on the meeting 
notice. Such requests may be granted to the extent budgeted 
resources are available and technical factors can be accommodated.

D. After-Meeting Activities

    The NRC staff will provide answers to questions as appropriate 
during the public meeting and will inform attendees at the meeting 
how it plans to address questions that cannot be answered at the 
meeting. Informal follow-up (telephone or email) may be appropriate. 
Individuals also have the option of calling, writing, or emailing 
the NRC staff about particular concerns. NRC staff will provide 
feedback forms at all public meetings so that comments can be 
reviewed and offices can track any planned improvements or resulting 
actions, as appropriate. NRC staff will make meeting summaries 
publicly available in ADAMS following the meeting.

E. Innovation

    The NRC staff will make efforts, as appropriate, to find new and 
innovative ways to interact with individuals, including exploring 
varied meeting formats and other ways to incorporate technologies 
that allow participation from locations other than a meeting room. 
Experiences with new methods will be shared across the agency for 
information and consideration by other NRC staff.

F. Applicability and Exceptions

    This policy applies to planned, formal encounters between NRC 
staff members and outside individuals or entities, with an expressed 
intent of discussing substantive issues directly associated with the 
NRC's regulatory responsibilities. Such meetings will be designated 
in advance as public meetings, open for public attendance and 
categorized in accordance with this policy, subject to the following 
conditions and exceptions:
    1. This policy applies solely to NRC staff-sponsored and 
conducted meetings with an outside individual or entity. It does not 
apply to a meeting conducted by an outside individual or entity 
where an NRC staff member might participate, nor when an NRC 
employee attends a meeting outside of his or her official capacity.
    2. This policy does not apply to meetings between the NRC staff 
and outside individuals or entities who are:
    a. Under contract to the NRC;
    b. Acting as an official consultant to the NRC;
    c. 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);
    d. Acting as an official representative of a foreign government 
or representing an international organization such as the 
International Atomic Energy Agency; or
    e. Acting as an official representative of a State or local 
government or Tribal official.
    3. Meetings between the NRC staff and outside individuals or 
entities will not be designated as public meetings if the NRC staff 
determines that the subject matter or information to be discussed in 
the meeting:
    a. Is specifically authorized by an Executive Order to be 
withheld in the interests of national defense or foreign policy 
(classified information);
    b. Is specifically exempt from public disclosure by statute 
(e.g., safeguards or proprietary information);
    c. Is of a personal nature where such disclosure would 
constitute a clearly unwarranted invasion of personal privacy;
    d. Is related to a planned, ongoing, or completed investigation, 
or contains information compiled for law enforcement purposes;
    e. Could compromise the ongoing reviews and inspections 
associated with an open allegation;
    f. Could result in the inappropriate disclosure and 
dissemination of preliminary, pre-decisional, or unverified 
information;
    g. Is for 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 and propose discussing the issues in a future 
public meeting; or
    h. Indicates that the administrative burden associated with 
public attendance at the meeting could interfere 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.
    4. This policy does not apply to Commission meetings, advisory 
committee meetings, meetings related to financial assistance or 
acquisition requirements, or to meetings sponsored by offices that 
report directly to the Commission (for example, the Office of the 
General Counsel or the Office

[[Page 60029]]

of the Chief Financial Officer). Similarly, it does not apply to 
``government-to-government'' meetings: Meetings between 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, as well as meetings between NRC 
staff and representatives of local or Tribal governments. Also, the 
policy does not apply to or supersede any existing law, rule or 
regulation that addresses public attendance at a specific type of 
meeting. For example, part 7 of Title 10 of the Code of Federal 
Regulations (10 CFR), ``Advisory Committees,'' and 10 CFR part 9, 
``Public Records,'' will continue to be applicable to advisory 
committee meetings and Commission meetings, respectively.
    5. This policy does not cover the hearings associated with 
adjudicatory proceedings under the Commission's Rules of Practice 
and Procedure set forth in 10 CFR part 2. The term ``hearings'' 
relates primarily to Commission adjudicatory proceedings on various 
types of license applications and licensing actions (e.g., 
applications for 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. 
Specific requirements regarding participation in and the conduct of 
adjudicatory proceedings (including the settlement of such 
proceedings) are provided in the Commission's Rules of Practice and 
Procedure set forth in 10 CFR part 2. This policy does not cover 
meetings concerning the settlement of enforcement matters.
    6. Certain meetings that would normally be closed under section 
F.3.a. or F.3.b. above may be opened to cleared members of the 
public who also have a need-to-know. A cleared member of the public 
is a person who holds a U.S. Government security clearance or has 
been granted access to Safeguards Information in accordance with 10 
CFR 73.22(b).
    7. This policy may be applicable to only part of a meeting. For 
example, an NRC meeting may have a portion that is open to the 
public and a portion that is closed to the public due to any of the 
exceptions listed above. In these cases, this policy statement is 
applicable to the public portion of the meeting only.
    8. This policy is a matter of NRC discretion; the NRC reserves 
the right to depart from any stated conditions as circumstances may 
warrant.

G. Contact

    The primary point of contact in the agency for general issues 
related to this policy will be the Deputy Assistant for Operations, 
Office of the Executive Director for Operations. The Office of 
Public Affairs is also available to receive questions and 
suggestions. There are also opportunities for comment on our public 
participation policies, or on many of our programs through the NRC's 
Web site under the ``Public Meetings & Involvement'' page at http://www.nrc.gov/public-involve.html.

[FR Doc. 2016-20946 Filed 8-30-16; 8:45 am]
 BILLING CODE 7590-01-P