ML19276F247

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Ack Receipt of 781215 & 22 Ltrs Addressing Subject of NRC Action to Implement Section 210,Employee Protection,Of Energy Reorganization Act.Nrc Is Preparing a Decision Paper on Alternatives to Be Considered at Open NRC Meeting
ML19276F247
Person / Time
Issue date: 03/08/1979
From: Hendrie J
NRC COMMISSION (OCM)
To: Bancroft M
BANCROFT, M.H.
Shared Package
ML19276F249 List:
References
NUDOCS 7903280131
Download: ML19276F247 (2)


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l f(# %[g UNITED STATES f

NUCLEAR REGULATORY COMMISSION M#co#K g

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'%..".'.. p' March 8, 1979 OFFICE OF THE CH AI R*A AN Mr. Michael H. Bancroft 2000 P Street, N.W., Suite 700 Washington, D.C.

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Dear Mr. Bancroft:

Thank you for your letters of December 15 and 22,1978, addressing the subject of NRC actions to implement Section 210, Employee Protection, of the Energy Reorganization Act, as amended by Public Law 95-601.

Your letter of December 15 asked what options NRC is considering for imple-menting the new Section 210, stated that you would appreciate the opportunity to comment on whatever actions the Commission planned to take to implement Congress' mandate, asked how information and opinion may properly be submitted for Commission consideration, suggested that the Commission solicit the views of the public via a Federal Register notice, and requested the opportunity to address the Cannission in a public meeting in advance of any NRC decision.

Your letter of December 22 commented at length upon the elements which you felt should be an integral part of any NRC employee protection program.

The staff has under preparation for Commission consideration a decision paper on the possible NRC actions to implement Section 210.

I under-stand that the alternatives under development by the staff include:

1) no explicit regulatory action by NRC to implement Section 210; 2) rule-making by NRC; and 3) issuance of a joint Department of Labor (DOL)/NRC paper, e.g. Memorandum of Understanding or Policy Statement.

The Commission will consider these alternatives or other options at an open Commission meeting (under the provisions of the Government in the Sunshine Act).

When this meeting is scheduled, it will be noticed in advance and conducted in accordance with our Sunshine Act regulations.

While the Commission's practices do not, except under unusual circum-stances, provide for outside participation in an open Cmumission meeting, I have been assured that your comments of December 22, 1978 concerning the interrelationship of the new Section 210 and the implementation of Section 206, by means of 10 CFR Part 21, will be considered during the staff development of the alternatives.

In addition, individual Com-missioners are, of course, free to meet with you if that course is nutually convenient and desirable.

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. If the Commission decides that rulemaking on this matter is appropriate, then a notice of proposed rulemaking will be published in the Federal

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Reaister in accordance with the Administrative Procedure Act.

If a joint DOL /NRC paper is issued, it will be an expression of the proposed positions of D0L and NRC.

Such positions would not be adopted until public comments had been received and evaluated.

Additional comments on the options being developed by the staff, or any other options you may deen appropriate, may be submitted by letter to Mr. R. B. Minogue, Director, Office of Standards Development.

Please feel free to contact Mr. W. E. Campbell in the Office of Standards Development while the decision paper is being developed.

I appreciate your interest in providing an effective NRC program for employee protection.

Sincerely,.

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Joseph M. Hendrie Chairman D

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