---
kind: "section"
citation: "10 C.F.R. § 1704.11"
title: "10"
number: "1704.11"
heading: "Nonpublic collaborative discussions."
url: "https://uscodex.org/cfr/10/1704.11"
---

# §1704.11. Nonpublic collaborative discussions.

- (a) **In general.** Notwithstanding the other requirements of this part, a quorum of Members may hold a meeting that is not open to public observation to discuss official business of the Board if—
  - (1) No formal or informal vote or other official action is taken at the meeting;
  - (2) Each individual present at the meeting is a Member or an employee of the Board;
  - (3) At least one Member from each political party is present at the meeting, unless all Members are of the same political party at the time of the meeting; and
  - (4) **The general counsel of the Board, or a designee of the general counsel, is present at the meeting.**
- (b) **Disclosure of nonpublic collaborative discussions.**
  - (1) Except as provided by [paragraph (b)(2)](#b-2) of this section, not later than two business days after the conclusion of a meeting described in [subsection (a)](#a), the Board shall make available to the public, in a place easily accessible to the public—
    - (i) A list of the individuals present at the meeting; and
    - (ii) A summary of the matters, including key issues, discussed at the meeting, except for any matter the Board properly determines may be withheld from the public under [§ 1704.4](/cfr/10/1704.4.md).
  - (2) **Information about matters withheld from the public.** If the Board properly determines under [paragraph (b)(1)(ii)](#b-1-ii) of this section that a matter may be withheld from the public under [§ 1704.4](/cfr/10/1704.4.md), the Board shall include in the summary required by [paragraph (b)(1)(ii)](#b-1-ii) as much general information as possible with respect to the matter.

## Notes

### Amendments

[86 FR 48296, Aug. 30, 2021]

### Authority

Authority: 5 U.S.C. 552b; 42 U.S.C. 2286, 2286b(c), (k).

### Source

Source: 56 FR 9609, Mar. 7, 1991, unless otherwise noted.

### Amendments

[86 FR 48296, Aug. 30, 2021]