POLICY ISSUE

NOTATION VOTE

March 29, 2002 SECY-02-0060

FOR: The Commissioners

FROM: William D. Travers

Executive Director for Operations

SUBJECT: PROPOSED POLICY ON ENHANCING PUBLIC PARTICIPATION 

IN NRC MEETINGS

PURPOSE:

The purpose of this paper is to transmit to the Commission, for approval, the revised policy on

staff meetings open to the public. The revised policy, “Enhancing Public Participation in NRC

Meetings” responds to an SRM dated January 8, 2002, and includes the categorization of

meetings and public participation components described in SECY-01-0137. This paper also

updates the Commission on other action items related to NRC’s public meeting processes that

are discussed in the aforementioned SECY paper. Once the Commission approves the policy,

a Federal Register notice announcing the policy will be published, implementing guidance will

be issued to the staff, and Management Directive 3.5, “Public Attendance at Certain Meetings

Involving the NRC Staff,” will be updated. 

DISCUSSION:

To respond to concerns raised by the public at a meeting held in April, 2001, and to fulfill the

NRC’s strategic goal of increasing public confidence, this paper proposes a revised policy on

enhancing public participation at NRC meetings. The policy brings consistency to NRC public

meetings planned by headquarters and regional staff by introducing a categorization system

whereby the public can anticipate the level of participation that will be allowed during an

upcoming meeting. The public will also be able to access any posted information regarding the

meeting at our web site, such as agendas, background documents, and meeting summaries,

when available. The policy also includes information on teleconferencing, security, and other

issues related to NRC staff-sponsored public meetings.

Contact:

Mindy Landau, OEDO

(301) 415-8703
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Commission Policy Statement on Staff Meetings Open to the Public

A. Purpose

The Nuclear Regulatory Commission has had a formal policy regarding open meetings since

1978 which has been revised periodically, and most recently on September 20, 2000. This

paper presents a revised policy that the Nuclear Regulatory Commission (NRC) will follow in

opening meetings between the agency staff and one or more outside persons to public

observation and participation. The revised policy continues NRC’s longstanding practice of

providing the public with substantial information on its activities and of conducting business in

an open manner, while balancing the need for the NRC staff to exercise its regulatory and

safety responsibilities without undue administrative burden. The revised policy also sets forth a

plan for categorizing meeting types that will provide a framework for enhancing public

participation. The public will be notified of the category of the meeting, and thereby the level of

participation to be anticipated, via the NRC’s Public Meeting Notice System on its web site. 

Implementing guidance will be issued to the NRC staff. This meeting policy is a matter of NRC

discretion and may be departed from as circumstances warrant.

B. Definition

A public meeting is a planned, formal encounter open to public observation and participation 

between one or more NRC staff members and one or more external stakeholders, with the

expressed intent of discussing substantive issues that are directly associated with the NRC’s

regulatory and safety responsibilities. An external stakeholder is any individual who is not:

1. An NRC employee;

2. Under contract to the NRC;

3. Acting as an official consultant to the NRC;

4. Acting as an official representative of an agency of the executive, legislative, or judicial

branch of the U.S. Government (except on matters where the agency is subject to NRC

regulatory oversight);

5. Acting as an official representative of a foreign government;

6. Acting as an official representative of a State or local government or Tribal official

(except when specific NRC licensing or regulatory matters are discussed).

C. Applicability and Exemptions

1. This policy applies solely to NRC staff-sponsored and conducted meetings and not to

meetings conducted by outside entities in which NRC staff members might attend and

participate. It does not apply to Commission meetings or to meetings sponsored by

offices that report directly to the Commission. Similarly, it does not apply to meetings

between NRC staff and representatives of State government, including Agreement State
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representatives, relating to NRC Agreement State activities or to State regulatory actions or

to other matters of general interest to the State or to the Commission; that is, matters other

than specific NRC licensing or regulatory actions involving specific licensees. Also, the

policy is not intended to apply to or supersede any existing law, rule or regulation that

addresses public attendance at a specific type of meeting. For example, 10 CFR Part 7 and

10 CFR Part 9 will continue to be applicable to advisory committee meetings and

Commission meetings, respectively. 

2. This policy covers various types of public "meetings.” It does not cover the "hearings"

associated with adjudicatory proceedings under the Commission’s Rules of Practice in 10

CFR Part 2.

The term "public meeting" is traditionally associated with the Commission’s efforts to

provide information to the public and to seek public views on various generic and sitespecific issues. These meetings are open to a wide variety of people with an interest in

the subject matter and a willingness to follow the ground rules established for the

conduct of the meeting.

The term “hearings,” covered under 10 CFR Part 2, relates primarily to Commission

adjudicatory proceedings on various types of licenses and licensing actions (e.g., initial

issuance of a license, amendment of an existing license, renewal of a license) or to

enforcement actions involving the imposition of civil penalties or orders to modify,

suspend or revoke a license or take other appropriate action. This policy also does not

cover meetings concerning the settlement of issues pertaining to any proceeding or

regarding enforcement matters. Specific requirements regarding participation in and the

conduct of such hearings are provided in the Commission’s Rules of Practice set out in

10 CFR Part 2.

3. Meetings between the NRC staff and external stakeholders will be designated as public

meetings unless the NRC staff determines that the subject matter or information to be

discussed meets one or more of the following criteria:

a. Is specifically authorized by an Executive Order to be withheld in the interests of

national defense or foreign policy (classified information) or specifically exempt from

public disclosure by statute;

b. Contains safeguards or other protected information; 

c. Contains trade secrets and commercial or financial information (proprietary

information);

d. Is of a personal nature where such disclosure would constitute a clearly unwarranted

invasion of personal privacy;

e. Is related to a planned, ongoing, or completed investigation and/or contains

information compiled for law enforcement purposes;

f. Could result in the inappropriate disclosure and dissemination of preliminary,

predecisional or unverified information;
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g. Is a general information exchange having no direct, substantive connection to a

specific NRC regulatory decision or action. However, should discussions in a closed

meeting approach issues that might lead to a specific regulatory decision or action,

the NRC staff may advise the meeting attendees that such matters cannot be

discussed in a closed meeting and propose discussing the issues in a future open

meeting.

h. Indicates that the administrative burden associated with public attendance at the

meeting could interfere with the staff’s execution of its safety and regulatory

responsibilities, such as when the meeting is an integral part of the execution of the

NRC inspection program.

It is important to note that whether or not a meeting should be open to the public is dependent

primarily on the subject matter to be discussed, not who is participating (e.g., staff level versus

senior management).

Also note that meetings between staff and licensees or trade groups to discuss technical issues

or licensee performance would normally be open because they may lead to a specific regulatory

decision or action.

D. Public Participation in NRC Meetings

In order to fulfill the NRC’s strategic goal of increasing public confidence, the agency has

identified three categories of public meetings the agency convenes and has developed criteria

for the level of public participation, information availability and follow-up effort associated with

each meeting category. The extent of public interest in the meeting or activity and the objective

of the meeting insofar as public involvement is concerned, will be considered by the staff when

assigning a meeting to an appropriate category. The description, purpose, and levels of public

participation for each category of meeting is described below.

Category 1

Description - Meetings in this category are typically held with one licensee, vendor, applicant or

potential applicant or petitioner to discuss particular regulatory issues regarding their specific

facility (or facilities), certificate of compliance, license or license application.

Meeting Purpose - The purpose of this type of meeting is to discuss one particular facility or

site, or certified system or device, with an applicant or licensee regarding, for example, technical

issues in an application, licensee actions, or inspection results. At this type of meeting, NRC

anticipates that the public would obtain factual information to assist in their understanding of the

applicable regulatory issues and NRC actions.

Examples - Examples of this type of meeting could include: annual public meetings to discuss

plant performance, regulatory conferences, predecisional enforcement conferences, meetings

held prior to a facility restarting, as well as meetings held on licensing actions (or applications),

renewals and amendments, new facilities, away-from-reactor storage sites, large or complex fuel

cycle facilities, or waste disposal sites. Certain inspection exit meetings such as those for
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Incident Investigation Teams, Augmented Inspection Teams or others as appropriate, would also

be included in this category.

Level of Public Participation - The public is invited to observe the meeting consistent with past

practice, and the NRC staff will be available to answer questions from the public after the

business portion of the meeting, but before the meeting is adjourned. This does not preclude

the licensee from responding to questions if they choose to do so. 

For Category 1 meetings longer than two hours, one or more opportunities may be provided for

the public to ask questions before the end of the meeting, if practicable. In advance of the

meeting, members of the public may request, via e-mail or telephone, that the meeting

coordinator consider changing the meeting to a Category 2 meeting (discussed below),

depending on the level of public interest in the activity being discussed. Meetings that the staff

believe will generate high public interest should also contain more than one opportunity for public

comments and questions. The decision on whether to change the category of any particular

meeting is a matter left to the discretion of the staff on a case-by-case basis.

Types of Information Provided - At a minimum, an agenda or a list of items to be discussed

will be entered into the Agencywide Documents Access and Management System (ADAMS). 

The ADAMS document accession number would be provided in the meeting notice that is posted

at our public web site for access to any primary or background documents.

Follow-up - No formal follow-up will be provided beyond the normal period for questions. 

Informal follow-up (telephone or e-mail) may be appropriate for certain questions that cannot be

answered at the meeting. Members of the public are always free to write or e-mail the staff

about particular concerns. These concerns will be considered by the staff as it deliberates on

the issue. Feedback forms would also be provided at this type of meeting, so that comments

can be reviewed and offices can track any planned improvements or resulting actions in their

operating plans, as appropriate. Meeting summaries and participant lists will be publicly

available in ADAMS. 

Category 2

Description - Meetings in this category are typically held with a group of industry

representatives, licensees, vendors or non-governmental organizations.

Meeting Purpose - The purpose of this type of meeting is for NRC to obtain feedback from the

regulated community and other external stakeholders on issues that could potentially affect more

than one licensee. At this type of meeting, NRC anticipates that the public would obtain factual

information and provide the agency with feedback on the analysis of the issues, alternatives

and/or decisions.

Examples - This type of meeting includes task force groups, industry groups (such as the

Nuclear Energy Institute or owners groups), or public interest and citizen group discussions that

focus on issues that could apply to several facilities, such as plant system aging, license

renewal, decommissioning, or spent fuel storage.
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Level of Public Participation - The public will be invited to discuss regulatory issues with the

agency at designated points identified on the agenda. Generally, there will be more

opportunities provided for the public to ask questions and provide comments at a meeting of this

type than at a Category 1 meeting.

Types of Information - An agenda, names of participants, and background documents will be

entered into ADAMS, and the ADAMS package accession number will be provided in the

meeting notice. A web page with links to other appropriate background information will be made

available at NRC discretion. The ADAMS package accession number and any link to a web

page will be posted to the public web site.

Follow-up - Staff will provide answers to questions as appropriate during the meeting. 

Questions that cannot be answered at the meeting will be assigned to a designated staff person

as an action item. Meeting summaries or any transcripts and participant lists would be provided

in ADAMS and on the web, if a web site is established. Feedback forms will be provided as they

are in Category 1 meetings, so that comments can be reviewed and offices can track any

planned improvements or resulting actions in their operating plans, as appropriate.

Category 3

Description - This type of meeting would be held with representatives of non-government

organizations, private citizens or interested parties, or various businesses or industries (other

than those covered under Category 2) to fully engage them in a discussion on regulatory issues.

Meeting Purpose - The purpose of this type of meeting is to maximize discussions with the

public to ensure that their issues and concerns are presented, understood and considered by the

NRC. The NRC anticipates that the public would work with the agency to facilitate the widest

exchange of information, views, concerns and suggestions with regard to license-specific or

generic regulatory issues.

Examples - Examples might include town hall or roundtable discussions, Environmental Impact

Statement scoping meetings, workshops, the Regulatory Information Conference, the Nuclear

Safety Research Conference, or proposed rulemaking meetings.

Level of Public Participation - Public participation is actively sought at this type of meeting,

which has the widest participation opportunities and is specifically tailored for the public to

comment and ask questions throughout the meeting. 

Types of Information - An agenda, names of participants and background documents will be

entered into ADAMS, and the accession number will be provided in the meeting notice. In

addition, a web page will be created where all relevant documents for the meeting will be posted. 

The ADAMS accession number and a link to the required web page will be posted to the public

web site.

Follow-up - Staff follow-up is similar to Category 2, but meeting summaries or transcripts and

participant lists will be provided in ADAMS and linked to the web site. Feedback forms will also

be provided at this level meeting.

E. Notice to the Public
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Meeting announcement information is to be provided to the public as soon as the staff is certain

that a meeting will be held and firm date, time and facility arrangements have been made, but

generally no fewer than 10 calendar days before the meeting. Where a meeting must be

scheduled but cannot be announced 10 calendar days in advance, the staff will provide as much

advance notice as possible. Public notice of meetings will be made via the internet on the NRC

web site. Meeting changes or cancellations will also be announced promptly on the NRC web

site. Members of the public who cannot access the NRC web site can contact the NRC Public

Document Room staff via a toll-free number (1-800-397-4209) or by e-mail (pdr@nrc.gov) for

information on scheduled NRC meetings. Some meetings having very high public interest will

also be noticed via a press release or paid advertisement in local newspapers, or both.

The assigned category level of the meeting, agenda, background documents, Commission

papers, or other material that could be helpful to attendees at the meeting will be entered into

the agency’s document management system, ADAMS, and made available through the public

meeting notice system.

Teleconferencing may be requested by participants to the extent that travel to a meeting is

considered difficult for interested citizens. Requests for teleconferencing should be made

directly to the meeting contact listed on the public meeting web site. Such requests may be

granted to the extent budget resources are available and technical factors can be

accommodated.

F. Visitors and Security

 

1. Registration, Badging, and Sign-in Procedures 

All visitors to the NRC’s White Flint North (WFN) complex in Rockville, Maryland are

screened through metal detectors and their packages are x-rayed. All visitors over the

age of 18 must present a picture identification.

During normal security access hours (6 a.m. – 6 p.m. Monday through Friday), NRC

employees must register their visitors (visitor's name, organization, time, place and

purpose of visit, and whether the visit involves classified information) with the guard

force. 

Visitors who have been registered in advance are issued a visitor badge by a guard and

may move about freely without an escort in the public spaces. The public spaces in One

White Flint North are the Public Document Room, the Commission Meeting Room (when

open for a meeting), and the NUREG Café. In Two White Flint North, the public spaces

are the Exhibit Area, Cafeteria, Snack 'n Go, and the Credit Union. Public restrooms are

public spaces in both building complexes. 

Visitors to the Public Document Room, the Commission Meeting Room or Credit Union

are not normally registered in advance and their access to the public spaces is restricted. 

2. Parking Procedures 

Visitors to the NRC are encouraged to use Metro because parking availability is limited.

Vehicles driven by visitors are subject to inspection (undercarriage, trunk, hood, and
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inside), before being allowed to enter the complex. Visitors must have prior approval

(arranged by an NRC employee) to park inside the garage or in the outside visitor parking

area behind the buildings. Visitors who want to park in the garage must have an NRC

escort before driving into the garage. The NRC escort must accompany the visitor from

the garage to a receptionist area on the lobby level for screening, registration, and

badging. Visitors pre-approved to park in the outside visitor parking area are directed by

a guard to park their vehicles in the visitor parking area and proceed to the lobby of either

building to meet their escorts and go through screening, registration, and badging. 

3. Recording Devices and Cameras

Portable electronic devices are allowed into NRC buildings and public meetings. These

include cellular telephones, pagers, palm-size computing devices, two-way radios, and

portable computers.

Visitors may bring recording devices into public meetings held in NRC headquarters

spaces on the lobby levels designated as a “public access area.” Cameras are permitted

in public meetings on a case-by-case basis, with the approval of the Director, Office of

Public Affairs or the Director, Division of Facilities and Security. 

 

Any article that could cause property damage or personal injury is prohibited in NRC

buildings. Prohibited articles include firearms, explosives, and incendiary devices. 

Members of the public going to NRC “controlled spaces” inside the buildings above the

lobby levels are allowed access with recording devices with the approval of the sponsoring

office and under the escort of an NRC employee.

4. Restrictions on Signs and Banners

Signs, banners, posters, and displays not larger than 18"x18" are permitted at NRC public

meetings, but cannot be waved, held over one’s head, or generally moved about in the

meeting room because they are distracting to the participants and audience. Signs,

banners, posters, and displays affixed to sticks, poles, etc., are not permitted in the

meeting rooms. 

5. Escort Requirements 

All visitors going to locations above the first floor lobby level must display an NRC visitor

badge and must be escorted by an NRC employee - one employee may escort up to five

visitors. 

6. Use of NRC Copiers, Telephones, and Fax Machines

Visitors may not use NRC copiers and fax machines without the approval and supervision

of an NRC employee. Visitors may use building lobby level telephones to make brief inhouse and local calls. Those visiting the PDR or attending public meetings are also

prohibited from bringing copying or imaging devices, including scanners, CD-ROM writers,

photocopy machines, or other devices which permit the duplication of NRC documents. 
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7. Other Locations or Regions

Visitor controls and related security procedures are established for public meetings held in

NRC regional offices or other remote locations based on an overall assessment by the

Physical Security Branch relative to potential security concerns. Security requirements

nationwide may differ based on various factors and therefore meetings are evaluated on a

case-by-case basis.

G. Contact

The primary point of contact in the agency for general issues related to this policy will be the

Assistant for Communications, Deputy Executive Director for Management Services, Office of the

Executive Director for Operations. The Office of Public Affairs is also available to receive

questions and suggestions. There are also opportunities for comment on our public participation

policies, or on any of our programs, at the link on the public involvement page of our web site.

Other Action Items Related to NRC’s Public Meeting Policy

A. Training

The training for NRC employees emphasizes certain areas of concern that were raised by

members of the public at a meeting in April of 2001 that was held to engage the public on these

issues. These areas include: use of plain language in slides, attitude and presentation styles of

NRC staff, choice of local moderators, balancing types of invited participants groups, seating

arrangements, and timing and location of meetings. The training has been used extensively in

headquarters and the regions with a high level of success and has resulted in positive feedback

by the staff. This policy will be provided to participants as part of their standard training material.

B. Public Participation Primer

A primer targeted to the public explaining this policy is being prepared by the Office of Public

Affairs. The primer will be included in training materials and made available at various public

meetings.

C. Meeting Notification Methods

The OCIO staff will develop a “checklist” for NRC staff to follow when planning for a public

meeting. The checklist will be housed on the internal web site and will indicate how the staff

should reserve meeting rooms, create and submit meeting notices to the public meeting notice

system coordinator, handle requests for teleconferencing, and other items that will assist in

planning and conducting an effective and successful public meeting.

RECOMMENDATION

The staff recommends the Commission approve the revised version of the public meeting policy

and intends to publish the policy once approval is received. The staff will begin implementing the

guidance that will cover other actions described in this paper and will seek public comment on the

proposed policy after one year of implementation.
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COORDINATION

This paper has been coordinated with the Office of Public Affairs, the Office of the Secretary, the

Advisory Committees on Reactor Safety and Nuclear Waste, and the Atomic Safety and

Licensing Board Panel. The Office of the Chief Financial Officer has reviewed this paper for

resource implications and has no objection. The Office of the General Counsel has no legal

objection to this paper. 

/RA/ by William F. Kane

William D. Travers

Executive Director 

 for Operations
The Commissioners 10

system coordinator, handle requests for teleconferencing, and other items that will assist in

planning and conducting an effective and successful public meeting.

RECOMMENDATION

The staff recommends the Commission approve the revised version of the public meeting policy

and intends to publish the policy once approval is received. The staff will begin implementing the

guidance that will cover other actions described in this paper and will seek public comment on the

proposed policy after one year of implementation.

COORDINATION

This paper has been coordinated with the Office of Public Affairs, the Office of the Secretary, the

Advisory Committees on Reactor Safety and Nuclear Waste, and the Atomic Safety and

Licensing Board Panel. The Office of the Chief Financial Officer has reviewed this paper for

resource implications and has no objection. The Office of the General Counsel has no legal

objection to this paper. 

/RA/ by William F. Kane

William D. Travers

Executive Director 

 for Operations

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