10 C.F.R. § 9.101

Definitions

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As used in this subpart:

(a) Commission means the collegial body of five Commissioners or a quorum thereof as provided by section 201 of the Energy Reorganization Act of 1974, or any subdivision of that collegial body authorized to act on its behalf, and shall not mean any body not composed of members of that collegial body.

(b) Commissioner means an individual who is a member of the Commission.

(c) Meeting means the deliberations of at least a quorum of Commissioners where such deliberations determine or result in the joint conduct or disposition of official Commission business, that is, where discussions are sufficiently focused on discrete proposals or issues as to cause or to be likely to cause the individual participating members to form reasonably firm positions regarding matters pending or likely to arise before the agency. Deliberations required or permitted by §§ 9.105, 9.106, or 9.108(c) do not constitute “meetings” within this definition.

(d) Closed meeting means a meeting of the Commission closed to public observation as provided by § 9.104.

(e) Open meeting means a meeting of the Commission open to public observation pursuant to this subpart.

(f) Secretary means the Secretary to the Commission.

(g) General Counsel means the General Counsel of the commission as provided by section 25(b) of the Atomic Energy Act of 1954 and section 201(f) of the Energy Reorganization Act of 1974, and, until such time as the offices of that officer are in the same location as those of the Commission, any member of his or her office specially designated in writing by him or her pursuant to this subsection to carry out his or her responsibilities under this subpart.

[42 FR 12877, Mar. 7, 1977, as amended at 50 FR 20891, May 21, 1985]

Notes of Decisions

Cited in 3 cases, 1980–2000 · leading case: Brian Dennis Hunt v. Nuclear Regulatory Comm'n, 611 F.2d 332 (10th Cir. 1980).

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Brian Dennis Hunt v. Nuclear Regulatory Comm'n, 611 F.2d 332 (10th Cir. 1980). “” 10 C.F.R. § 9.101 (a) (1979). 3 In line with the foregoing, the Commission commented that the legislative history of the Sunshine Act plainly supports the conclusion that an Atomic Safety and Licensing Board is not subject to the Act.”

Joseph W. Johnston v. Nuclear Regulatory Comm'n of the United States of Am., & Commonwealth Edison Co., Intervenor, 766 F.2d 1182 (7th Cir. 1985). · cites it 2× “” 10 C.F.R. § 9.101 (a). The regulations further define “meeting” as “the deliberations of at least a quorum of Commissioners where such deliberations determine or result in the joint conduct or disposition of official Commission business____” 10 C.”

Nat. Resources Def. Council, Inc. v. Nuclear Regulatory Comm'n, 216 F.3d 1180 (D.C. Cir. 2000). “at 20,891 (codified at 10 C.F.R. § 9.101 (c)) (new language in italics).”

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