ML19294B807
| ML19294B807 | |
| Person / Time | |
|---|---|
| Issue date: | 02/19/1980 |
| From: | Dircks W NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | Ribicoff A SENATE, GOVERNMENTAL AFFAIRS |
| References | |
| NUDOCS 8003060059 | |
| Download: ML19294B807 (5) | |
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FD 1 S 19$0 The Honorable Abraham Ribicoff Chairman Comittee on Governmental Affairs United States Senate Washington, DC 20510
Dear Mr. Chainnan:
I am responding to your letter dated January 25, 1980, which sought information concerning the Nuclear Regulatory Commission's requirements, rules or regulations for obtaining iaformation regarding the identification of the major shareholders and interlocking directorships for companies within NRC's jurisdiction.
Specifically, you requested such information for the following two categories:
"1.
Each of the twenty or more largest shareholders of the company, including the amount and class of the shares in which (a) the holder has the power to vote, and (b) the holder has investment discretion.
2.
ihe name of each director of the company and any other directorships hild by each such director, including his (her) principal occupation and company affiliation."
With respect to category 1, NRC does not maintain any information in its files for identifying the shareholders of its licensees or license applicants.
With respect to category 2, NRC files can provide the name, address and citizenship of the directors and principal officers of all applicants for NRC licenses to construct and operate nuclear production and utilization facilities because such information is required by NRC regulations to be furnished to the NRC.
NRC regulations also require such licensees and license applicants to provide the NRC with infonnation regarding the ownership or dominance of the applicant by any alien, foreign corporation or foreign government.
Similar information is required of applicants for NRC licctses to own or use special nuclear material.
Such information, tc the extent it exists, is also available from NRC files.
8003060O M
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The Honorable Abraham RC icoff o NRC files do not contaia data on interlocking directorships for NRC licensees or license applicanta.
Such information is not required as part of NRC's statutory mandate. Thus, NRC has perfomed no studies in the past five years concerning corporate concentration, stock ownership, or interlocking directorates relating to companies subject to NRC regu-lation. Likewise, NRC does not rely on the public reporting of another federal agency for any of the information addressed in your letter.
NRC responded to similer questions from the Committee on Governmental Affairs in 1977. Our responses to those questions are enclosed for your information and assistance.
We will, of course, be pleased to answer any additional questions you may have.
Sincerely,
/e William J. Dircks Acting Executive Director for Operations
Enclosure:
Attachment to March 1,1977 Response to Subcomittee on Reports, Accounting and Management
Answers to Seven Questions on Attachment to February 4, 1977 Response to the Subcommittee on Reports, Accounting and Management 1.
Question: To what extent can you provide the following information from your official files:
The current name and business address of each principal officer, director, trustee, or person exercising similar functions, of every company, firm or other business organ-ization within your jurisdiction with. assets or sales in excess of $100 million; and The name of other business organizations, if any, with which such person is affiliated or connected as an officer, director, trustee, partner or person exercising similar functions?
Answer:
NRC files can provide the name, address and citizen-ship of the directors and principal officers of all applicants for NRC licenses to construct and operate nuclear production or utilization facilities since such information is required by PRC regulations to be furnished to the NRC.
NRC regulations alst require such license applicants to provide the NRC with information regarding the ownership or dominance of the appli-cant by any alien, foreign corporation or foreign government.
Such information, to the extent it exists, is also available from NRC files. A copy of this regulation,10 CFR Section 50.33, is enclosed.
Similar information is required of applicants for NRC licenses to own or use special nuclear material. A copy of this regu-lation,10 CFR Section 70.22, is enclosed.
NRC files do not contain corporate interlock data nor are they organi7ed in such a fashion as to readily identify business organizations within NRC jurisdiction which have assets or sales in excess of $100 million.
2.
Question:
Please describe what information is available, how
' t was obtained for your official use, where it is located and i
whether or not it is available for inspection by the public.
Answer:
The information described in the answer to question 1 above, which is required by the NRC, is available upon request from the NRC.
It is available for public inspection as part of the license application in the NRC Public Document Room at 1717 H Street, N. W., Washington, D. C. 20555. Copies of the Enclosure
. license applications for nuclear product:cn or utili:ation facilities, which contain this information, are also avail-able for public inspection at local public document rooms located in the vicinity of such facilitit5.
3.
Question:
If you do not have this information available in your official files, describe how you might seek to obtain it from other sources, both public and private.
Answer: To the extent such infonnation is necessary for the fiRC to satisfy its statutory regulatory responsibilities, the NRC could require applicants for fiRC licenses ar.d fiRC licensees to provide it.
Such information might also be obtained from such public sources as Moody's and Dun and Bradstreet directories.
4.
Question:
Please describe the extent to which you have the present authority to obtain this information directly from such business organizations or from such officers or directors.
Answer:
To the extent permitted under authority of the Atomic Energy Reorganization Act of 1974, as amended, and the liRC's implementing regulations, the NRC may require app'icants for fiRC licenses and NRC licensees to provide such information as is necessary for the NRC to carry out its statutory mandates of protecting the public health and safety, assuring the common defense and security and, with respect to nuclear production and utilizat_ ion facilities, assur_ing that the activities under a license issued by the flRC will not create or maintain a situation inconsistent with the antitrust laws.
5.
Question: Describe briefly any laws, rules, regulations or other procedures of your department or agency that authorize you to identify or take any action with respect to interlocking officer or director relationships with any company, firm or business organization coming under your jurisdiction.
Answer: The statutes and implementing NRC regulations identified in the answers above provide the NRC with the authority necessary to fulfill its statutory mandate.
To the extent that it is necessary for the NRC, in fulfilling its responsibilities, to obtain the information identified in this question or to take regulatory action, such could be undertaken under the provisions of these statutes and regulations.
Enclosure
, 6.
Question:
List briefly those actions taken by your department or agency pursuant to such laws, regulations or procedures during the years 1970 through 1976, the results thereof, and whether such actions were formal or informal in nature.
Answer:
No such actions have been undertaken by the NRC since it became operational in January 1975 under the provisions of the Energy Reorganization Act of 1974, as amended.
Between 1970 and January 1975, the former Atomic Energy Commission was responsible for the regulation of nuclear activities.
Our records indicate that no such actions were undertaken by the AEC during that period.
7.
Question:
Has your agency proposed or developed any rule, legislation, regulation, procedure or internal mechanism for obtaining the names of such interlocking officers, directors and other persons?
If so, describe such action, its present status and indicate whether such interlocks are to be obtained on a current basis.
Answer:
To date no such information has been deemed necessary for the NRC to satisfy its statutory mandate.
Enclosure