ML19262B864
| ML19262B864 | |
| Person / Time | |
|---|---|
| Issue date: | 03/14/1979 |
| From: | Fitzgerald F, Kenneke A 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 | |
| SECY-79-082, NUDOCS 8001150474 | |
| Download: ML19262B864 (2) | |
Text
i ;ff e l WASHWGTON. D. C. 20555 y%
/
March 14, 1929
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r MEMORANDUM FOR:
Chairman Hendrie Comissioner Gilinsky Commissioner Kennedy Commissioner Bradford g
Commi si r Ahearne Ei FROM:
Al ' rd<e, Acting-Director, OPE 6
E Jam s.Fi':zgerald, Acting Assistant General Counsel, OG SU5hCT:
DELEGATIONS OF AUTHORITY WITHIN NRC:
STATUS REPORT inis is to inform you of the status of the OGC/0PE review you requested of the Commission's delegations of authority to office directors within NRC (Attachment 1).
This review was undertaken to identify any delegations that you might wish to reconsider.
Because of difficulties encountered in the init'ial phase of this project, we propose to limit the sccoe of the study in the manner set forth below.
Our initial review revealed that there are literally hundreds of dele-gations to office directors and many subdelegations.
They vary widely in significance and in their relevance to what we believe were the Cor: nission's primary concerns in initiating the study.
The vast majority of delegations cover straightforward routine matters such as the approval
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and authorization of travel allowances, financial management programs, anc the like.
Of the remaining delegations, only a small fraction appear to concern decisions that might be significant at the Commission level.
For example, delegations to a major office, such as NRR, cover many reiatively unimcortant matters (for present purposes) such as the signing r feral Register Notices and the execution of indemnification c#
e a;ree ents, as well as very important safety functions, such as the gra. ting of exemptions from NRC regulations.
Tne very number of delegations has frustrated attempts to develop a feasicle way to treat them all in accordance with the work scheme set for-h in our memorandum of November 3, 19Z8 (Attachment 2).
Since we believe that yo.u are interested at present only in those delegations that are of major significance in carrying out NRC's primary missions, we propose to limit our further review and analysis to those delegations c.
made to the EDO and office directors which have., legal significance and if which have a substantial and immediate impact on the safety of licensed i'
nuclear facilities.
Inis woulo of course necessitate a judgment by us--
with advice of staff--in identifying the mos-t significant delegations of authority which have been made to staff.
Conta:t:
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ga7.{ron, OPE u -.: u 2 Marjorie Nordlinger, OGC
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1921 012 ge n_
Comission
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k We propose to identify where such decision-making (or both) authority is exercised
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by~ virtue of law or delegation by the Comission We
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anticipate that our review will deal with such issues as the power to 9
suspend or reopen operations of a reactor or fuel facility, and to order
-E significant amend.lents to licenses.
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We do not plan to address such otherwise important de agations as the i.h authorization of research projects.
While these can ia.e large financial implications and long term safety significance, they car be dealt with in s
consideration of specific issues, and they do not Bear directly and
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immediately on the safety of nuclear facilities. -Insofar as ongoing
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studies are evaluating the Commission's appellate process and the "imediate-effectiveness" rule, we will omit consideration of these
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matters as well.
Where a responsibility that has been delegated to an 5"
-office is addressed, we will attempt to discover the level at which the
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effective decision is reached.
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Information is being sought from the principal NRC staff through written
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comunications with the offices--to be follow-up by perso.nal interviews,
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where appropriate.
We are proceeding along these lines.
Attachments:
As stated
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cc: - Sam Chi tk
/ / eonard Bickwit L
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