[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