meetings in accordance with procedures established by the committee.

[40 FR 8778, Mar. 3, 1975, as amended at 42 FR 12877, Mar. 7, 1977]

§ 7.9 Closed meetings.

(a) The requirements of § 7.8(c) and (d) that meetings shall be open to the public and that the public shall be afforded an opportunity to participate shall not apply to any advisory committee meeting which the President or the Commission determines is concerned with matters listed in 5 U.S.C. 552b(c) and § 9.104 of this chapter.

(b) An advisory committee which seeks to have all or part of a meeting closed shall notify the Commission before the scheduled date of the meeting. The notification shall be in writing and shall specify the reasons why any part of the meeting should be closed.

(c) A request that a meeting be closed will be granted upon a determination by the Commission that the request is in accordance with the policies of this part. The Commission's determination will be in writing and will state the specific reasons for closing all or part of the meeting. The determination will be made available to the public on request.

(d) The Commission may delegate responsibility for making the determination required by paragraph (c) of this section. In any case where a determination to close a meeting is made by the Commission's delegate, the determination shall be reviewed by the General Counsel.

(e) When a meeting is closed to the public, the advisory committee shall issue a report at least annually setting forth a summary of its activities and such related matters as would be informative to the public consistent with the policy of 5 U.S.C. 552b(c) and Subpart C of Part 9 of this chapter. Notice of availability of such annual report shall be published in accordance with § 7.11.

[40 FR 8778, Mar. 3, 1975, as amended at 42 FR 12877, Mar. 7, 1977]

§ 7.10 Designated Federal officer or employee.

(a) The Commission will designate an officer or employee of the Federal Government to chair or attend each meeting of each advisory committee established under this part.

(b) No advisory committee shall conduct any meeting in the absence of the Federal employee or officer designated in accordance with paragraph (a) of this section.

(c) The Federal officer or employee designated in accordance with paragraph (a) of this section is authorized, whenever he determines it to be in the public interest, to adjourn any committee meeting he is designated to chair or attend.

87.11 Public notice.

(a) The Commission's certification prescribed by § 7.6 that creation of the advisory committee is in the public interest and a description of the nature and purpose of the committee shall be published in the FEDERAL REGISTER at least 15 days prior to the filing of the committee's charter, unless the Secretariat, for good cause, authorizes a shorter period of time between publication of the notice and the filing of the charter.

(b) Except when the Director determines otherwise for reasons of national security, timely notice of each advisory committee meeting, whether open or closed to the public, shall be published in the FEDERAL REGISTER at least 15 days before the meeting date. Such notice should state the name of the advisory committee, the time, place and purpose of the meeting, and should include, where appropriate, a summary of the meeting agenda. Notices ordinarily should state that meetings are open to the public or explain why the meeting or any portion of a meeting is to be closed. Notice shorter than the time prescribed by this paragraph may be provided in emergency situations, and the reason for such emergency exceptions shall be made part of the meeting notice. A request for a determination that notice of a meeting should not be published for reasons of national security shall be submitted to the Director

with a statement of reasons supporting the request at least 30 days before the meeting is scheduled.

(c) In addition to the notice required by paragraph (b) of this section, other forms of notice such as public releases and notice by mail should be used to inform the public of advisory committee meetings.

(d) The Secretary of the Commission should, where practicable, maintain lists of people and organizations interested in particular advisory committees and notify them of meetings by mail.

(e) Notice of the availability of the annual report required by § 7.9(e) will be published in the FEDERAL REGISTER no later than 60 days after its completion. The notice will include instructions which will allow the public access to the report.

§ 7.12 Minutes.

(a) Detailed minutes of each meeting of each advisory committee shall be kept and shall contain a record of the persons present, a complete summary of matters discussed and conclusions reached, and copies of all reports received, issued, or approved by the advisory committee. The record of persons present shall include the time and place of the meeting, a list of advisory committee members and staff and agency employees present at the meeting, a list of members of the public who presented oral or written statements, and an estimate of the number of members of the public who attended the meeting. The minutes shall describe the extent to which the meeting was open to the public and the extent of public participation. If it is impracticable to attach a report received, issued or approved by the advisory committee to the minutes, the minutes will describe the report in sufficient detail to enable any person requesting the report to readily identify it.

(b) The accuracy of all minutes shall be certified to by the chairman of the advisory committee concerned, except that in the case of a subcommittee or subgroup of the advisory committee, the accuracy of minutes shall be certified to by the chairman of the subcommittee or subgroup concerned.

§ 7.13 Transcripts of advisory committee meetings and agency proceedings. Except where prohibited by contractual agreements entered into prior to January 5, 1973, copies of transcripts which have been prepared of advisory committee meetings will be made available to any person at the actual cost of duplication prescribed in Part 9 of this chapter.

[40 FR 8778, Mar. 3, 1975, as amended at 41 FR 55851, Dec. 23, 1976]

§ 7.14 Annual comprehensive review.

(a) The Commission will conduct an annual comprehensive review of the activities and responsibilities of each advisory committee to determine:

(1) Whether such committee is carrying out its purpose;

(2) Whether, consistent with the provisions of applicable statutes, the responsibilities assigned to it should be revised;

(3) Whether it should be merged with other advisory committees; or

(4) Whether it should be abolished. (b) Pertinent factors to be considered in the comprehensive review required by paragraph (a) of this section include the following:

(1) The number of times the committee has met in the past year;

(2) The number of reports or recommendations submitted by the commit

tee;

(3) An evaluation of the substance of the committee's reports or recommendations with regard to the Commission's programs or operations;

(4) An evaluation (placing emphasis on the most recent 12 month period of the committee's work) of the history of Commission utilization of the committee's recommendations in policy formulation; program planning; decision making; accomplishing program objectives more effectively; and achieving economics in programs;

(5) Whether the information or recommendations could be obtained from sources within the Commission or from another advisory committee already in existence;

(6) The degree of duplication of effort by the committee as compared to other parts of the agency or other advisory committees; and

(7) The estimated annual cost of the committee.

(c) The annual review required by this section shall be conducted on a calendar-year basis, and the results of the review will be included in the annual report to the Secretariat required by § 7.16(b). The report shall contain a justification for each advisory committee which the Commission determines should be continued, making reference, as appropriate, to the factors specified in paragraph (b) of this section.

(d) The review will examine all advisory committees, and committees found to be no longer needed will be terminated. Advisory committees established by an Act of Congress or the President will be reviewed, and if appropriate, their termination recommended.

$7.15

Termination and renewal of advisory committees.

(a) Each advisory committee shall terminate not later than the expiration of the two-year period beginning on the date of its establishment unless:

(1) In the case of an advisory committee established by the President or an officer of the Federal Government such advisory committee is renewed by the President or such officer by appropriate action prior to the end of such period; or

(2) In the case of an advisory committee established by an Act of Congress, its duration is otherwise provided for by law.

(b) Any advisory committee which is renewed by the President or any officer of the Federal Government may be continued only for successive two-year periods by appropriate action taken by the President or such officer prior to the date on which such advisory committee would otherwise terminate.

(c) Before it renews a non-statutory advisory committee in accordance with paragraphs (a) or (b) of this section, the Commission will inform the Secretariat by letter not more than 60 days nor less than 30 days before the committee expires of the following: (1) its determination that renewal is necessary and is in the public interest; (2) the reasons for its determination; (3)

the Commission's plan to attain balanced membership of the committee; and (4) an explanation of why the committee's functions cannot be performed by the NRC or by an existing advisory committee. After concurrence by the Secretariat, the Commission will certify in writing that the renewal of the advisory committee is in the public interest and will publish a notice of the renewal in the FEDERAL REGISTER and will file a new charter in accordance with § 7.7 of this part.

(d) Any advisory committee established by an Act of Congress shall file a charter in accordance with $7.7 upon the expiration of each successive two-year period following the date of enactment of the Act establishing such advisory committee. The Advisory Committee on Reactor Safeguards shall file a charter in accordance with § 7.7 upon the expiration of each successive two-year period after January 5, 1975.

(e) No advisory committee required under this section to file a charter shall take any action, other than preparation and filing of such charter, between the date the new charter is required and the date on which such charter is filed.

(f) For purposes of this section:

(1) "Any officer of the Federal Government" shall mean the Commission with respect to advisory committees established by the Commission;

(2) "Nonstatutory advisory committee" shall mean an advisory committee not established by statute or reorganization plan.

§ 7.16 Reports about advisory committees.

(a) The Commission will furnish a report on the activities of NRC advisory committees annually to the Administrator, General Services Administration, in accordance with Federal Property Management Regulations Temporary Regulation B-1.

(b) The Commission will furnish a report on the activities of NRC advisory committees annually to the Secretariat in accordance with OMB Circular A-63.

(c) The Commission will inform the Secretariat by letter of the termination or other significant changes with

respect to its advisory committees no later than 10 working days following the end of the month in which the change occurred. If no changes are made during any given month, a report to the Secretariat is not required.

§ 7.17 Availability of documents and information on advisory committees.

(a) Subject to the provisions of Parts 2 and 9 of this chapter, the records, reports, transcripts, minutes, appendixes, working papers, drafts, studies, agenda, or other documents which were made available to or prepared for or by each advisory committee shall be available for public inspection and copying at a single location in the NRC Public Document Room, 1717 H Street, NW., Washington, D.C.

(b) The Commission will maintain systematic information on the nature, functions, and operations of each of its advisory committees. A complete set of the charters of the Commission's advisory committees and copies of the annual reports required by § 7.16 will be maintained for public inspection in the NRC Public Document Room.

§ 7.18 Uniform pay guidelines.

(a) Members. Subject to the provisions of this section, the pay of the member of an advisory committee shall be fixed at the daily equivalent of a rate of the Commission's General Salary Schedule unless the members are appointed as consultants and compensated as provided in paragraph (c) of this section. In determining an appropriate rate of pay for the members of an advisory committee, consideration shall be given to the significance, scope, and technical complexity of the matters with which the advisory committee is concerned and the qualifications required of the members of the advisory committee. The pay of the members of an advisory committee shall not be fixed at a rate higher than the daily equivalent of the maximum rate for GG-15 unless the Commission has determined that, under the factors set forth in this paragraph, a higher rate of pay is justified and necessary. Such a determination will

be reviewed annually by the Commission.

(b) Advisory committee staff. The pay of each member of the staff of an advisory committee shall be fixed at a rate of the General Salary Schedule in which the staff member's position would be appropriately placed in the NRC Evaluation System applicable to the position. The pay of a member of the staff of an advisory committee shall not be fixed at a rate higher than the daily equivalent of the maximum rate for GG-15 unless the Commission has determined that, under its Evaluation System, the staff member's position would appropriately be placed in the General Salary Schedule grade higher than GG-15. Such a determination will be reviewed by the Commission annually.

(c) Consultants. The rate of pay of a consultant to an advisory committee shall not exceed the maximum rate of pay which the Commission may pay experts and consultants under 5 U.S.C. 3109. Consideration shall be given to the qualifications required of the consultant and the significance, scope, and technical complexity of the work in fixing the rate of pay for the consultant.

(d) Voluntary services. The provisions of this section shall not prevent the Commission from accepting the voluntary services of a member of an advisory committee, or a member of the staff of an advisory committee, provided that the Commission has authority to accept such services without compensation.

(e) Reimbursable travel expenses. The members of an advisory committee, and the staff thereof, while engaged in the performance of their duties away from their homes or regular places of business, may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by 5 U.S.C. 5703 for persons employed intermittently in the government serv

ice.

$7.19 Fiscal and administrative responsibilities.

(a) The Controller shall keep records as will fully disclose the disposition of

any funds which may be at the disposal of NRC advisory committees.

(b) The Office of Administration shall keep records as will fully disclose the nature and extent of activities of NRC advisory committees.

(c) Support services shall be provided by NRC for each advisory committee established by or reporting to it unless the establishing authority provides otherwise. Where any such advisory committee reports to more than one agency, only one agency shall be responsible for support services at any one time, and the establishing authority shall designate the agency responsible for providing such services.

§ 8.1 Interpretation of section 152 of the Atomic Energy Act of 1954; opinion of the General Counsel.

(a) Inquiries have been received as to the applicability of the provisions of section 152 of the Atomic Energy Act of 1954 (68 Stat. 944) to inventions or discoveries made or conceived in the course of activities under licenses issued by the Atomic Energy Commission.

(b) In my [General Counsel, U.S. Atomic Energy Commission] opinion a license issued by the Atomic Energy Commission is not a "contract, subcontract, arrangement or other relationship with the Commission" as those terms are used in section 152 of the act. Hence, the mere fact that an invention or discovery is made by a licensee in the course of activities authorized by a license would not give the Commission rights under section 152 with respect to such invention or

discovery. On the other hand, if a licensee has entered into a "contract, subcontract, arrangement or other relationship with the Commission," inventions or discoveries made or conceived by the licensee under the contract or other relationship would come within the purview of section 152.

(c) As used in this section, "license" means a license issued pursuant to Chapter 6 (Special Nuclear Material), 7 (Source Material), 8 (Byproduct Material) or 10 (Atomic Energy Licenses) of the Atomic Energy Act of 1954, or a construction permit issued pursuant to section 185 of the act.

(Secs. 152, 161, 68 Stat. 944, 948, as amended; 42 U.S.C. 2182, 2201)

[21 FR 1414, Mar. 3, 1956]

§ 8.2 Interpretation of Price-Anderson Act, section 170 of the Atomic Energy Act of 1954.

(a) It is my opinion that an indemnity agreement entered into by the Atomic Energy Commission under the authority of the Atomic Energy Act of 1954 (42 U.S.C. 2011, et seq.), hereafter cited as "the Act," as amended by Public Law 85-256 (the "Price-Anderson Act") 42 U.S.C. 2210 indemnifies persons indemnified against public liability for bodily injury, sickness, disease or death, or loss of or damage to property, or for loss of use of property caused outside the United States by a nuclear incident occurring within the United States.

(b) Section 170 authorizes the Commission to indemnify against "public liability" as defined in section 11(u) of the Act. Coverage under the Act

SEC. 11u. "The term 'public liability' means any legal liability arising out of or resulting from a nuclear incident, except claims under State or Federal Workmen's Compensation Acts of employees of persons indemnified who are employed at the site of and in connection with the activity where the nuclear incident occurs, and except for claims arising out of an act of war. 'Public Liability also includes damage to property of persons indemnified: Provided. That such property is covered under the terms of the financial protection required, except property which is located at the site of and used in connection with the activity where the nuclear incident occurs."