ML19296C526
| ML19296C526 | |
| Person / Time | |
|---|---|
| Issue date: | 02/07/1980 |
| From: | Ahearne J NRC COMMISSION (OCM) |
| To: | Nichols W OFFICE OF MANAGEMENT & BUDGET |
| Shared Package | |
| ML19296C527 | List: |
| References | |
| NUDOCS 8002260588 | |
| Download: ML19296C526 (1) | |
Text
h NUCLEAR REGULATORY COMMISSION 5-E WASHINGTON, D. C. 20555
'5 0D&
N February 7, 1980 C
CHAIRMAN William M. Nichols, Esq.
General Counsel Executive Office of the President Office of Management and Budget Washington, D. C.
20503
Dear Mr. Nichols:
At your request, the Comission has reviewed the draft executive order which would establish the " Oversight Comittee on Nuclear Safety." We recognize the importance of the President's interest in tracking the Comission's actions which respond to the repo.-t of the President's Comission on the Accident at Three Mile Island; thus, we understand the reason for the Com-mittee.
However, we have two minor concerns about the Comittee.
Our first concern is that the draft executive order can be interpreted to create doubts about the Comission's independence because the order charac-terizes the Comittee's broad function as " oversight" rather than " advisory,"
and because it grants the Comittee largely undefined authority to obtain information, advice and assistance from other agencies, including the Com-
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mission.
Consequently, we would urge that the order state explicitly that the Comittee is not to undertake substantive decisionmaking regarding cases or rulemakings pending before the NRC. Moreover, we believe that the order should specifiy in greater detail (1) the categories of "information, advice or assistance" that the Comittee is expected to need, (2) the statutes and authorities which are to be consulted in construing the terms "to the extent permitted by law," and (3) the procedures to be followed for Comittee requests directed to the Comission.
Our second comment relates to the ambiguity in the draft order about the Committee's role with respect to Federal safety research for light water reactors. We are unable to determine what activities the Advisory Comittee would be expected to perfonn, incident to its "recomending the general context of a Federal research program." The Energy Reorganization Act of 1974 specifies the Commission's statutory role in safety research, as well as the responsibilities of other Federal agencies (42 USC 55845).
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In closing, the Commission wishes to emphasize its intention to cooperate
. fully and voluntarily with the President and the Comittee with respect to TMI followup actions.
We trust that our coments on the draft executive order are helpful.
Si cerely,'
4
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Y 40 John F. Ahearne 60 5 N 80022