ML19262B862
| ML19262B862 | |
| Person / Time | |
|---|---|
| Issue date: | 11/03/1978 |
| From: | Eilperin S, Pedersen K NRC OFFICE OF POLICY EVALUATIONS (OPE), NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | Gilinsky V, Hendrie J, Kennedy R NRC COMMISSION (OCM) |
| Shared Package | |
| ML19262B859 | List: |
| References | |
| NUDOCS 8001150469 | |
| Download: ML19262B862 (3) | |
Text
. O(..,y ^ j WASHINGTON. D. C. 20555
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' November 3, 1978' EMORANDUM FORT Chairman Hendrie E..
Co--4ssioner Gilinsky
~~i Commissioner Kennedy Commissioner 3radford.
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Commissioner Ahearne h
FROM:
Kenneth.S. Federsen, Director Office of Policy Evaluation s
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Stephen F. Eilperi-.
Acting General Coue '
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SU3JICT:
REVIEW OF DELIGATIONS: OF AUT'-iORITY WITHIN NRC Ycu have recuested O?E and OGC to review delegations of authority which have been made by the Co==ission to the cffice directers within NRC with a view toward evaluating the a.propriateness of such delegations in terms of the nission of the agency and the policy issues it considers.
We have develcped a tentative prog am for performing the successive paases of the work, and we are submitting this pregram for your review and ce==ent.
Procosed Scoce of Work Phase I -- Eackground and Research (8-10 weeks)
Task 1:
Review of Formal Delegations of Authority frc= the Cc--4ssion to the Office Directors (i.e., vertical' delegatiens).
This will largely censist of data collection.
We plan to identify and su marize:
the Cc: :ission's delegating authority under c
statute, including those functions which my
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not be delegated; 1
written delegations by the Cc--'ssion to o
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staff offices, January 197.5 and thereaf ter; r
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redelegationsbyofficedirec{ ors;
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changes in delegated authority to the l
various offices over time; inter-office ce=cranda of understanding dealing with division of responsibilities "5
among offices; and comparison of the functions conferred on E
ea'ch_ office by the Inergy Recrganization Act with the authority delegated to. each E.;.
by the Co-4ssicn.
We will review the fellowing deta for this initial task:
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applicable law -- the Atemic Energy Act of 1954, and the Energy'Recrganization Act of 1974, as amended, and pertinent sections of NRC authorizing legislation; and Commission directives to office directors, January 20, 1975 to present..
Task 2:
Review of Delegations of Authority (in practice).
Comparison of authority which has been delegated.to each office director by the Cc =ission (as found in Task 1) with:
(1) the funct'.cnal authority of each office spelled cut in 10 CFR Part 1 and the applicable chapters of the NRC,
Manual; and (2) with each office director's perception and implenentation of the authority which his (her) office possesses.
This information will_ be ascertained by means of writte.n ce==unications with each office director -- to be followed up by personal interviews where appropriate.
Discrepancies will be noted, as appropriate.
7 Task 3:
Sun =ary of Information - A Functional View i
of Delegation:
Identification of existing levels of i
decision =aking for carrying out the agency's purposes under law.
We propose to identify the principal categories of '--
action taken by the Co--4ssion (i.e., issuance and denial i
of licenses, proposals er adoption of legislation, regu-p=..
1ations, 'or branch technical positions ) and, in each case, 1921 008 9
Tne Co d.ssion November 3, 1978 j
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~ ident$fy the level within the Co-iss1on at which the effective decision is =ade.
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+1e-Phase II -- Review of Policy Ootions Available to the 1.;;.7 Cennission for Alterinz Existing Patterns H'i=-
of Delegations (4 weeks)
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{5.T 55 This section of the work will discuss the factohs to
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be considered in effecting change in existing delegations of authority, propose a range of cptions'for Cc= 21ssion iM9 consideration, and as:ess the probable c'onsequences of each
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cption.
Among the factors which will be relevant in considera-tion of alternative patterns of' delegation are each of the a o.,., o.., n _.
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the role of the Cec.ission as manager of KRC
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.re-a c a. c a,s,.
the role of the Cc--4 ssion in generic rulemaking; e
the extent of involvement of the Co==is sion in adjudicatory matters; and the role of the Co=ission in dealing with safety questions.
Phase III -- D aft of Reconmendations for Chant __e Tne options set forth in Phase II will be submitted to the Cc=ission for review and comment'.
After CO mis-sion review, we will traft specific changes in delegated authcrity to implement the Cennission's choice among the cptiens.
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L. Gossick, IDO
,g g JvL H. Shapar, M SECY (2)
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February 1, 1979 SECY-79-82
-1 COMMISSIONER ACTION For:
The Commissioners D]D "D'T From:
Lee V. Gossick Executive Direc'er for Operations s
Subject:
STAFF COMMUNICATIONS WITH THE COMMISSION Purcose:
To establish procedures implementing a change to the Energy Reorganization Act that requires Office Directors to keep the EDO fully and currently informed of the content of their direct comunications with the Ccmission or a Commissioner.
Discussion:
The Energy Reorganization Act permits the Directors of the three statutory offices to report directly to the Commission without going through the EDO "if tne Directer deems it necessary to carry out his responsibilities," (and in practice other NRC office directors also have direct access to the Ccmmissicn).
During consideration cf NRC's 1979 budget, the Senate Comittee on Env. onment and Public Works expressed concern that the existing law may leave the Executive Director uninformed of important matters and thus interfere with the ability of the Office of the EDO to properly discharge its responsibilities.
For this reason the Congress included in the 1979 Authorization Act (P.L.95-601) an amencment of Section 2C9 of the Energy Recrganization Act requiring Directors, if they cer=unicate '
directly witn the Ccmmission, to keep the E00 fully and' currently informed of such cc=unications.
The attached documents have been crafted to implement the amended Energy Reorganization Act.
l.' A memo frcm the Chairman to the EDO expressing the Commission's direction that the staff's business with the' Commission be conducted thrcugt) the EDO and, where that is impracticable, that tne EDO be informe l di 0'I0 any direct co m unications, 2.
A new Manual Chapter codifying this requirement.
CONTACT:
DUPLICATE DOCt"*ENT j
leanne H. C ok, MPA:SPE
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