ML19316B202
| ML19316B202 | |
| Person / Time | |
|---|---|
| Issue date: | 05/14/1980 |
| From: | Ahearne J NRC COMMISSION (OCM) |
| To: | Glenn J SENATE, GOVERNMENTAL AFFAIRS |
| Shared Package | |
| ML19316B203 | List: |
| References | |
| NUDOCS 8006120065 | |
| Download: ML19316B202 (2) | |
Text
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May 14,1980 CHAIRMAN The Honorable John Glenn Committee on Governmental Affairs United States Senate Washington, D. C.
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Dear Senator Glenn:
The Commission has completed its review of the amendments to Reorganization Plan No.1 of 1980, submitted by the President to the Congress on May 5, 1980.
In sum, the Commission recommends that the Congress not disapprove the amended Plan.
While varying reasons underlie each Commissioner's acceptance of the amended Plan, we all believe that the organizational structure it provides is workable and should not hinder the agency's performance of its statutory responsibilities.
However, the Commission believes certain clarifications in the legislative record could offer additional protection against the Plan becoming a source of conflict for the agency.
The clarifications the Connission has in mind follow.
I agree with (2) and (5),
but disagree with the others.
(1)
The ultimate agency authority to interpret and apply the Plan resides in the Commission, as exemplified in its authority to resolve doubt about its functions under subsection 1(a).
(2) Sdbsections 1(b),1(c), 2(a) and 2(b)(4) which provide for authority to remove NRC officers and employees pertain only to the subject of who has authority to remove, and are not intended to affect other laws, such as those which relate to substantive and proced-ural rights for such officers and employees; (3) No provision of the Plan authorizes the Chairman or the Executive Director for Operations (or any other employee of the Commission) to withhold information 'from the Commission and individual Com-missioners; (4) The provision in subsection 2(c) requiring the ED0 to keep the Commission fully and currently informed "through the Chairman" is not intended to authorize the Chairman to prevent, hinder or control the substantive content or timing of the ED0's communica-tions to the Commission under this subsection; 8006120D65
The Honorable John Glenn 2
(5) The provisions in subsection 4(a) which authorize direct communi-cations.to the Commis.sion or a Commissioner by an NRC officer or employee are not intended to prevent the Commission from estab-lishi.cg other policies relating to direct communications such as its "open door" policy.
These communications are to be encouraged, when necessary, and the Plan is not intended to erect barriers to them.
. (6) Although the Plan does not explicitly so provide, its intent is that the Staff of the Commission (other than the officers and Staff referred to in sections 1(b)(4),1(c) and 2(a) of the Plan) shall report to the EDO.
My comments are attached.
The Commission appreciates the careful scrutiny vhich the Congress has given to the NRC Reorganization Plan.
If we may be of further assistance, please do not hesitate to call on us.
Sincer ly,
/
/
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}ohnF.Ahearne
Attachment:
Separate comments of Chairman Ahearne cc:
The Honorable Jacob K. Javits 1
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