[Federal Register Volume 86, Number 52 (Friday, March 19, 2021)]
[Notices]
[Pages 14964-14968]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-05787]


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NUCLEAR REGULATORY COMMISSION

[NRC-2016-0178]


Enhancing Participation in NRC Public Meetings

AGENCY: Nuclear Regulatory Commission.

ACTION: Revision to policy statement; issuance.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) has revised its 
policy statement, ``Enhancing Participation in NRC Public Meetings,'' 
to further clarify and enhance participation in public meetings 
conducted by the NRC. The revised policy statement redefines the three 
categories of public meetings and identifies the level of public 
participation offered at each category 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 teleconferencing. The 
revisions will improve the consistency of the NRC's public meetings and 
help participants better prepare for NRC meetings.

DATES: This policy statement is effective on March 19, 2021.

ADDRESSES: 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 website: Go to https://www.regulations.gov and search for Docket ID NRC-2016-0178. Address 
questions about NRC dockets to Dawn Forder; telephone: 301-415-3407; 
email: [email protected]. For technical questions contact the 
individual listed in the FOR FURTHER INFORMATION CONTACT section of 
this document.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly-available documents online in the 
ADAMS Public Documents collection at https://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]. The 
ADAMS accession number for each document referenced in this document 
(if that document is available in ADAMS) is provided the first time 
that a document is referenced. The policy statement, ``Enhancing Public 
Participation in NRC Meetings,'' is available as an attachment to this 
document.
     Attention: The PDR, where you may examine and order copies 
of public documents, is currently closed. You may submit your request 
to the PDR via email at [email protected] or call 1-800-397-4209 
between 8:00 a.m. and 4:00 p.m. (EST), Monday through Friday, except 
Federal holidays.

FOR FURTHER INFORMATION CONTACT: Suzanne Dennis, Office of the 
Executive Director for Operations, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001; telephone: 301-415-0760; email: 
[email protected].

SUPPLEMENTARY INFORMATION:

[[Page 14965]]

I. Background

    The NRC has had a formal policy regarding open meetings since 1978; 
the most recent revision was issued in 2002. In 2014 (ADAMS Accession 
No. ML14149A323), the NRC assembled a task group to complete a 
comprehensive look at the NRC's public meeting policies, processes, and 
guidance, including their implementation, and to work toward making 
improvements to those aspects of the agency's work. The task group on 
Enhancing NRC Public Meetings was formed in June 2014, and produced a 
set of recommendations in January 2015 (ADAMS Accession No. 
ML15029A456).
    In SECY-16-0007, ``Proposed Revisions to Policy Statement on 
Enhancing Public Participation in NRC Meetings,'' dated January 22, 
2016 (ADAMS Accession No. ML15282A074), the NRC staff provided its 
proposed revisions to the NRC's policy statement on public meetings to 
address the task group's recommendations. The proposed revisions 
modified the public meeting categorization system and redefined the 
three categories of public meetings. The proposed revisions also 
included topics such as civility at NRC public meetings and NRC staff 
innovation with meeting formats. In the staff requirements memorandum 
(SRM) for SECY-16-0007, dated June 24, 2016 (ADAMS Accession No. 
ML16176A227), the Commission approved the proposed revisions to the 
policy statement for publication in the Federal Register for public 
comment. The Commission also directed the NRC staff to hold a public 
meeting related to the revised policy statement in order to have a 
dialogue on the expectations for and by stakeholders at NRC public 
meetings.
    The draft revisions to the policy statement were published in the 
Federal Register on August 31, 2016 (81 FR 60026). On September 29, 
2016, the NRC staff conducted a public meeting to provide information 
regarding the proposed revisions to the policy statement (ADAMS 
Accession No. ML16274A128). Additionally, the NRC staff provided 
information regarding the proposed revisions to the policy statement in 
a September 19, 2016, blog post (https://public-blog.nrc-gateway.gov/2016/09/19/back-to-basics-seeking-comment-on-a-new-commission-public-meeting-policy/).

II. Overview of Public Comments

    In response to the proposed revisions to the policy statement, the 
NRC received 30 comments from 7 members of the public. Based on the 
public comments, the NRC staff made several modifications to improve 
the clarity of the policy statement. This section provides a summary of 
the changes made to the policy statement as a result of comments and 
includes discussion of comments that the NRC did not accept.
    The NRC updated the ``Level of Participation'' section for 
Observation Meetings to clarify that members of the public can pose 
questions to the NRC during Observation Meetings and that licensees or 
other parties are not precluded from responding to questions during 
Observation Meetings.
    The NRC updated the ``Notice and Access'' section of the policy 
statement to state that the NRC will ensure that public meeting notices 
are sent out to interested stakeholders using the mechanisms available, 
such as the applicable NRC listservs.
    The NRC updated the ``Participation in NRC Public Meetings'' 
section to include a statement that the NRC should always be open to 
listening and responding to questions from members of the public, 
regardless of when the interaction occurs.
    The NRC updated the ``Notice and Access'' section of the policy 
statement to state that the NRC will ensure that available ADAMS 
documents related to the topic of the meeting are linked to the meeting 
notice as background documents to the extent practical.
    The NRC updated the descriptions of all three categories of 
meetings to include a statement that the NRC should strive to ensure 
sufficient time for the meeting so that members of the public can pose 
their questions and have them answered during the meeting to the extent 
practical and that, whether all questions are addressed or not, the NRC 
should emphasize ways members of the public can ask questions outside 
of the meeting.
    The NRC disagreed with three public comments. The NRC disagreed 
with a comment that bridge line numbers should be included in all 
meeting notices. There are times when the NRC staff requests that those 
interested in calling in to a meeting contact an NRC staff member for 
the bridge line information so that the NRC staff can understand in 
advance how many participants plan to call in to a meeting and set up a 
bridge line with the capacity to handle the expected number of callers. 
The NRC also disagreed with two comments that the NRC should notify the 
public 1 month in advance of public meetings, stating that the NRC 
policy is to post meeting notices a minimum of 10 days before a meeting 
and, if at all possible, the NRC staff announces meetings earlier. The 
NRC believes that the current policy of providing a minimum of 10 days 
notice before a public meeting provides the public with sufficient 
notice of upcoming public meetings without compromising the NRC staff's 
ability to conduct public meetings on time-sensitive or emerging 
issues.
    The NRC concluded that the remaining comments were either already 
included in the proposed revision to the policy statement or that the 
comments were best addressed in detail in staff-level guidance.

III. Procedural Requirements

Congressional Review Act Statement

    This Policy Statement is a rule as defined in the Congressional 
Review Act (5 U.S.C. 801-808). However, the Office of Management and 
Budget has not found it to be a major rule as defined in the 
Congressional Review Act.

Paperwork Reduction Act Statement

    This Policy Statement does not contain new or amended information 
collection requirements and, therefore, is not subject to the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

    Dated: March 16, 2021.
    For the Nuclear Regulatory Commission.
Annette Vietti-Cook,
Secretary of the Commission.

Attachment--Commission Policy Statement on Enhancing Participation in 
NRC Public Meetings

A. Purpose.

    The U.S. 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 Commission's 
policy statement, ``Enhancing Public Participation in NRC 
Meetings,'' was last issued in 2002 (67 FR 36920).
    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.

    Consistent with 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, 
the NRC staff will

[[Page 14966]]

consider the objective of the meeting and the extent of known public 
interest in the topic. The NRC staff should always be open to 
listening to members of the public and responding to questions, 
regardless of when the interaction occurs.
    The three meeting categories are based on the level of public 
participation to be provided at each type of meeting. Therefore, 
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 website, to 
support this atmosphere of civility and inclusion regardless of 
personal viewpoints. If the actions of one or more participants 
significantly impact other participants' ability to observe or 
participate in a meeting, the NRC staff shall take appropriate 
actions to restore a more respectful environment or end 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, and pose questions to, the NRC 
representatives at a designated point or points identified on the 
agenda. This does not preclude the licensee or other parties from 
responding to questions if they choose to do so. The NRC staff 
should strive to ensure sufficient time is allotted for an 
Observation Meeting to ensure that members of the public can pose 
questions and have them answered during the meeting. Whether all 
questions are addressed or not, the NRC staff should emphasize ways 
members of the public can ask questions outside the meeting.
    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, however the 
NRC is not actively soliciting comments towards regulatory decisions 
at this meeting.
    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. The NRC staff 
should strive to ensure sufficient time is allotted for an 
Information Meeting with a Question and Answer Session to ensure 
that members of the public can pose their questions and have them 
answered during the meeting. Whether all questions are addressed or 
not, the NRC should emphasize ways members of the public can ask 
questions outside the meeting.
    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:
    The purpose of this meeting is for the NRC staff to meet 
directly with individuals 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 or action. 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 focused on 
allowing attendees to provide opinions, perspectives, and feedback. 
The NRC staff should strive to ensure sufficient time is allotted 
for a Comment-Gathering Meeting to ensure that members of the public 
can pose questions and have them answered during the meeting. 
Whether all questions are addressed or not, the NRC should emphasize 
ways members of the public can ask questions outside the meeting.
    Description--This type of meeting would be held with a broad 
range 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 https://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 website 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

[[Page 14967]]

other means such as a press release, blog post, or advertisement in 
local newspapers. The NRC staff will ensure that public meeting 
notices are sent out to interested stakeholders using the mechanisms 
available, such as the applicable NRC listservs.
    Meeting details and materials such as an agenda, names of 
participants, and background documents will be entered into the 
NRC's Public Meeting Schedule website. 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 website under the ``Public Meetings & 
Involvement'' web page at https://www.nrc.gov/public-involve.html. 
The NRC staff will ensure that available ADAMS documents related to 
the topic of the meeting are linked to the meeting notice as 
background documents to the extent practical.
    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 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 either 
provide feedback forms at public meetings or provide instructions 
for submitting feedback through the NRC public website so that 
comments can be reviewed and offices can track any planned 
improvements or resulting actions. NRC staff will make meeting 
summaries publicly available in ADAMS following the meeting.

E. Innovation.

    The NRC staff will make efforts, 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 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 Sections 
F.3.a. or F.3.b. of this policy 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

[[Page 14968]]

the NRC's website under the ``Public Meetings & Involvement'' web 
page at https://www.nrc.gov/public-involve.html.

[FR Doc. 2021-05787 Filed 3-18-21; 8:45 am]
BILLING CODE 7590-01-P