Enhancing Participation in NRC Public Meetings, 14964-14968 [2021-05787]
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Federal Register / Vol. 86, No. 52 / Friday, March 19, 2021 / Notices
For the Nuclear Regulatory Commission.
Bruce A. Watson,
Chief, Reactor Decommissioning Branch,
Division of Decommissioning, Uranium
Recovery and Waste Programs, Office of
Nuclear Material Safety and Safeguards.
Attachment—Order Extending the
Effectiveness of the Approval of the Transfer
of License and Conforming Amendment
In the Matter of LaCrosseSolutions, LLC; La
Crosse Boiling Water Reactor
EA–19–077; Docket Nos. 50–409 and 72–046;
License No. DPR–45
Order Extending the Effectiveness of the
Approval of the Transfer of License and
Conforming Amendment
I.
LaCrosseSolutions, LLC is the holder of the
U.S. Nuclear Regulatory Commission (NRC,
the Commission) Possession Only License
No. DPR–45, with respect to the possession,
maintenance, and decommissioning of the La
Crosse Boiling Water Reactor (LACBWR).
Operation of the LACBWR is no longer
authorized under this license. The LACBWR
facility is located in Vernon County,
Wisconsin.
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II.
By Order dated September 24, 2019
(Transfer Order), the Commission consented
to the transfer of the LACBWR license to
Dairyland Power Cooperative and approved a
conforming license amendment in
accordance with Section 50.80, ‘‘Transfer of
licenses,’’ and Section 50.90, ‘‘Application
for amendment of license, construction
permit, or early site permit,’’ of Title 10 of
the Code of Federal Regulations (10 CFR). By
its terms, the Transfer Order becomes null
and void if the license transfer is not
completed within one year unless, upon
application and for good cause shown, the
Commission extends the Transfer Order’s
September 24, 2020, expiration date. By letter
dated June 24, 2020, LaCrosseSolutions, LLC
submitted a request to extend the
effectiveness of the Transfer Order by six
months, until March 24, 2021. This request
was approved by the NRC on September 1,
2020.
III.
In a subsequent letter dated February 2,
2021, LaCrosseSolutions, LLC submitted a
second request to extend the effectiveness of
the Transfer Order by an additional six
months, until September 24, 2021. As stated
in the February 2, 2021, letter, the LACBWR
Final Status Survey Final Reports (FSSRs),
their associated Release Records, and
responses to NRC staff requests for additional
information (RAIs) are currently under
review by the staff. The letter noted that,
based on the current status of the NRC
review, it is anticipated that additional time
will be needed to address questions or
potential issues identified by the NRC staff
during its review of the RAI responses and
revised LACBWR FSSRs. The letter also
stated that the extension would allow
adequate time for response development by
LaCrosseSolutions, LLC, regarding possible
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additional questions or potential issues, and
for the NRC staff to assess the responses
provided by LaCrosseSolutions, LLC and to
make a final determination regarding the
release of the majority of the LACBWR site
for unrestricted use.
Based on the above, the NRC has
determined that LaCrosseSolutions, LLC has
shown good cause for extending the
effectiveness of the Transfer Order by an
additional six months, as requested.
IV.
Accordingly, pursuant to Sections 161b,
161i, and 184 of the Atomic Energy Act of
1954, as amended, 42 U.S.C. Sections
2201(b), 2201(i), and 2234; and 10 CFR 50.80,
IT IS HEREBY ORDERED that the expiration
date of the Transfer Order of March 24, 2021,
is extended until September 24, 2021. If the
subject license transfer from
LaCrosseSolutions, LLC to Dairyland Power
Cooperative is not completed by September
24, 2021, the Transfer Order shall become
null and void; provided, however, that upon
written application and for good cause
shown, such date may be extended by order.
This Order is effective upon issuance.
For further details with respect to this
Order, see the extension request dated
February 2, 2021, which is available
electronically through ADAMS in the NRC
Library at https://www.nrc.gov/reading-rm/
adams.html under Accession No.
ML21036A055. Persons who encounter
problems with ADAMS should contact the
NRC’s Public Document Room reference staff
by telephone at 1–800–397–4209 or 301–
415–4737 or by email to pdr.resource@
nrc.gov.
Dated this 9th day of March 2021.
For the Nuclear Regulatory Commission.
John W. Lubinski,
Director, Office of Nuclear Material Safety
and Safeguards.
[FR Doc. 2021–05681 Filed 3–18–21; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[NRC–2016–0178]
Enhancing Participation in NRC Public
Meetings
Nuclear Regulatory
Commission.
ACTION: Revision to policy statement;
issuance.
AGENCY:
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
SUMMARY:
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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.
This policy statement is effective
on March 19, 2021.
DATES:
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: Dawn.Forder@nrc.gov. 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 publiclyavailable 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 pdr.resource@nrc.gov. 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 PDR.Resource@nrc.gov or call
1–800–397–4209 between 8:00 a.m. and
4:00 p.m. (EST), Monday through
Friday, except Federal holidays.
ADDRESSES:
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: Suzanne.Dennis@nrc.gov.
SUPPLEMENTARY INFORMATION:
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I. Background
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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.nrcgateway.gov/2016/09/19/back-to-basicsseeking-comment-on-a-newcommission-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
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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
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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 timesensitive 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
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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 nongovernment 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
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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
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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 nongovernment 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 (pdr.resource@nrc.gov) 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
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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.
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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
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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 staffsponsored 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
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14967
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-togovernment’’ 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
E:\FR\FM\19MRN1.SGM
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14968
Federal Register / Vol. 86, No. 52 / Friday, March 19, 2021 / Notices
the NRC’s website under the ‘‘Public
Meetings & Involvement’’ web page at
https://www.nrc.gov/public-involve.html.
II. Background
A. SDR Registration, Duties, and Core
Principles
[FR Doc. 2021–05787 Filed 3–18–21; 8:45 am]
BILLING CODE 7590–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–91331; File No. SBSDR–
2021–01]
Security-Based Swap Data
Repositories; ICE Trade Vault, LLC;
Notice of Filing of Application for
Registration as a Security-Based Swap
Data Repository
March 16, 2021.
I. Introduction
jbell on DSKJLSW7X2PROD with NOTICES
On February 11, 2021, ICE Trade
Vault, LLC (‘‘ICE Trade Vault’’) filed
with the Securities and Exchange
Commission (‘‘Commission’’) an
application on Form SDR to register as
a security-based swap data repository
(‘‘SDR’’) pursuant to Section 13(n)(1) of
the Securities Exchange Act of 1934
(‘‘Exchange Act’’) and 17 CFR 240.13n1 (‘‘Rule 13n-1’’) thereunder,1 and as a
securities information processor (‘‘SIP’’)
under Section 11A(b) of the Exchange
Act.2 ICE Trade Vault amended its
application on March 10 and March 11,
2021. ICE Trade Vault intends to operate
as a registered SDR for security-based
swap (‘‘SBS’’) transactions in the credit
derivatives asset class. The Commission
is publishing this notice to solicit
comments from interested persons
regarding ICE Trade Vault’s
application,3 and the Commission will
consider any comments it receives in
making its determination whether to
approve ICE Trade Vault’s application
for registration as an SDR and as a SIP.
1 15 U.S.C. 78m(n)(1); 17 CFR 240.13n-1. A copy
of ICE Trade Vault’s application on Form SDR and
all non-confidential exhibits and amendments
thereto are available for public viewing on the
Commission’s website. In 2016, ICE Trade Vault
submitted a prior application for registration as an
SDR. See Release No. 77699 (Apr. 22, 2016), 81 FR
25475 (Apr. 28, 2016); Release No. 34–81223 (July
27, 2017), 82 FR 35844 (Aug. 1, 2017). ICE Trade
Vault withdrew this prior application in 2018. See
Letter from Kara Dutta, General Counsel, ICE Trade
Vault, Mar. 23, 2018, https://www.sec.gov/
divisions/marketreg/sdr/ice-trade-vault-sdrapplication-withdrawal-letter-032318.pdf.
2 15 U.S.C. 78k–1(b).
3 The descriptions set forth in this notice
regarding the structure and operations of ICE Trade
Vault have been derived, excerpted, or summarized
from ICE Trade Vault’s application on Form SDR.
VerDate Sep<11>2014
19:13 Mar 18, 2021
Jkt 253001
Section 13(n) of the Exchange Act
makes it unlawful for any person, unless
registered with the Commission,
directly or indirectly, to make use of the
mails or any means or instrumentality of
interstate commerce to perform the
functions of an SDR.4 To be registered
and maintain registration, an SDR must
comply with certain requirements and
core principles described in Section
13(n), as well as any requirements that
the Commission may impose by rule or
regulation.5 In 2015, the Commission
adopted 17 CFR 240.13n-1 to 13n-12
under the Exchange Act to establish
Form SDR, the procedures for
registration as an SDR, and the duties
and core principles applicable to an
SDR (‘‘SDR Rules’’).6 The Commission
provided a temporary exemption from
compliance with the SDR Rules and also
extended exemptions from the
provisions of the Dodd-Frank Act set
forth in a Commission order providing
temporary exemptions and other
temporary relief from compliance with
certain provisions of the Exchange Act
concerning security-based swaps, and
these temporary exemptions expired in
2017.7
The Commission also has adopted 17
CFR 242.900 to 909 under the Exchange
Act (collectively, ‘‘Regulation SBSR’’),
which governs regulatory reporting and
public dissemination of security-based
swap transactions.8 Among other things,
Regulation SBSR requires each
registered SDR to register with the
Commission as a SIP,9 and the Form
SDR constitutes an application for
registration as a SIP, as well as an
SDR.10
In 2019, the Commission stated that
implementation of the SBS Reporting
Rules can and should be done in a
manner that carries out the fundamental
policy goals of the SBS Reporting Rules
while minimizing burdens as much as
4 15
U.S.C. 78m(n).
5 Id.
6 See Release No. 34–74246 (Feb. 11, 2015), 80 FR
14438, 14438 (Mar. 19, 2015) (‘‘SDR Adopting
Release’’). In 2016, the Commission subsequently
amended 17 CFR 240.13n-4 to address third-party
regulatory access to SBS data obtained by an SDR.
See Release No. 34–78716 (Aug. 29, 2016), 81 FR
60585 (Sep. 2, 2016).
7 See Release No. 34–80359 (Mar. 31, 2017), 82 FR
16867 (Apr. 6, 2017).
8 Release No. 34–74244 (Feb. 11, 2015), 80 FR
14563 (Mar. 19, 2015); Release No. 34–78321 (July
14, 2016), 81 FR 53546 (Aug. 12, 2016). Regulation
SBSR and the SDR Rules are referred to collectively
as the ‘‘SBS Reporting Rules.’’
9 See 17 CFR 242.909.
10 See Form SDR, Instruction 2.
PO 00000
Frm 00104
Fmt 4703
Sfmt 4703
practicable.11 Noting ongoing concerns
among market participants about
incurring unnecessary burdens and the
Commission’s efforts to promote
harmonization between the SBS
Reporting Rules and swap reporting
rules, the Commission took the position
that, for four years following Regulation
SBSR’s Compliance Date 1 in each asset
class,12 certain actions with respect to
the SBS Reporting Rules would not
provide a basis for a Commission
enforcement action.13 The no-action
statement’s relevance to ICE Trade
Vault’s application for registration as an
SDR and SIP is discussed further below.
B. Standard for Registration
As noted above, to be registered with
the Commission as an SDR and
maintain such registration, an SDR is
required to comply with the
requirements and core principles
described in Section 13(n) of the
Exchange Act, as well as with any
requirement that the Commission may
impose by rule or regulation.14 In
addition, Rule 13n–1(c)(3) under the
Exchange Act provides that the
Commission shall grant the registration
of an SDR if it finds that the SDR is so
organized, and has the capacity, to be
able to: (i) Assure the prompt, accurate,
and reliable performance of its functions
as an SDR; (ii) comply with any
applicable provisions of the securities
laws and the rules and regulations
thereunder; and (iii) carry out its
functions in a manner consistent with
the purposes of Section 13(n) of the
Exchange Act and the rules and
regulations thereunder.15 The
Commission shall deny the registration
of an SDR if it does not make any such
finding.16 Similarly, to be registered
with the Commission as a SIP, the
Commission must find that such
applicant is so organized, and has the
capacity, to be able to assure the
prompt, accurate, and reliable
performance of its functions as a SIP,
11 Release No. 34–87780 (Dec. 18, 2019), 85 FR
6270, 6347 (Feb. 4, 2020) (‘‘ANE Adopting
Release’’).
12 See id. Under Regulation SBSR, the first
compliance date (‘‘Compliance Date 1’’) for affected
persons with respect to an SBS asset class is the
first Monday that is the later of: (i) six months after
the date on which the first SDR that can accept
transaction reports in that asset class registers with
the Commission; or (ii) one month after the
compliance date for registration of SBS dealers and
major SBS participants (‘‘SBS entities’’). Id. at 6346.
The compliance date for registration of SBS entities
is October 6, 2021. See id. at 6270, 6345.
13 See id. The specific rule provisions of the SBS
Reporting Rules affected by the no-action statement
are discussed in Part II.B.
14 See 15 U.S.C. 78m(n)(3).
15 17 CFR 240.13n–1(c)(3).
16 Id.
E:\FR\FM\19MRN1.SGM
19MRN1
]]>Agencies
[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]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[NRC-2016-0178]
Enhancing Participation in NRC Public Meetings
AGENCY: Nuclear Regulatory Commission.
ACTION: Revision to policy statement; issuance.
-----------------------------------------------------------------------
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
