ML19340E694
| ML19340E694 | |
| Person / Time | |
|---|---|
| Issue date: | 11/13/1980 |
| From: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| To: | Ahearne J, Gilinsky V, Hendrie J NRC COMMISSION (OCM) |
| References | |
| NUDOCS 8101150425 | |
| Download: ML19340E694 (10) | |
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UNITED STATES '
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NUCLEAR REGULATORY COMMISSION
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November 13, 1980
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OFFICE oF THE 0) 4 SECRETARY MEMORANDUM FOR:
Chairman Ahearne Commissioner Gilinsky Commissioner Bendrie Commissioner Bradford FROM:
Samuel J.
Chilk, Secret
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SUBJECT:
PROPOSED REVISIONS TO INTEW PROCEDURES k
This is in response to the Chairman's September 29, 1980 memorandum, subject as above, which requested a review of the current Internal Commission Procedures to identify areas
'where modification would be appropriate for implementation of the Reorganization Plan.
There are two portions of the Internal Procedures where modification appears appropriate.
They are:
(1)
Format of SECY Papers and (2) Correspondence.
A change in the types of SECY papers was recommended in a Report on the Impact of the President's Reorganization Plan il of 1980' dated August, 1980 and later coordinated with all Commissioners.
As a result, the transition to Policy, Adjudicatory and Rulemaking Papers has been within 30 days, initiated and will be fully implemented when paper formats become available.
The Procedures Manual will be revised accordingly.
The options available for handling correspondence were also previously identified in the report referred to above, as:
(1) continuation of current system; (2) Chairman control of incoming and outgoing correspondence; and (3) Chairman control of outgoing correspondence.
In responding to these f
options, three Commissioners elected to continue the present system.
However, within the present framework, it may be possible to accommodate the differing views by a combination of actions which will provide the Chairman with communications which are his responsibilities under the Reorganization Plan and yet keep the Commissioners informed of all communications forwarded to the Chairman by this office as SECY and EDO committed themselves to do in response to Commissioners 1
Gilinsky and Bradford's memorandum of September 30, 1980.
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2 SECY would propose to handle correspondence hs indicated below:
1.
Incoming a.
Information copies of incoming mail routed to EDO for direct reply will not normally be provided to the Cha.trman and Commissioners.
There are, however, known interests of Comissioners, either individually or collegia 11y, which SECY will continue to be sensitive to and will provide such communications to the Commission.
There are other special communications which SECY will from time to time determine should be brought to the attention of the Com=ission either because of the relevance of the subject content to Commission business or because it is likely to generate high public interest.
In those instances SECY will continue to exercise its judgment in providing the Chairman and Commissioners with information copies.- This is no different from SECY's current practice.
b.
Information copies of incoming mail routed to EDO for preparation of a reply for sienature of the Cnairman will De provided to all Commissioners.
This will include collegial responses.
c.
Information copies of incoming mail routed to a Co= mission Staff office for direct reply or preparation of a reply for the Chairman's signature, or SECY signature, will, except for those containing routine requests for general information, be provided to all Commissioners.
2.
Signature Mail Signature mail will be separated into two categories:
(1) those which pertain to policy, rulemaking, and adjudication will be coordinated with all Commissioners for collegial response, and (2) those which. pertain to internal operations and otter functions assigned to the Chairman vill be, sent t6 the C511rman Ibr ' signature anTp'Eovided to
'tne Comissioners for information only.
It is suggested that these letters be held in the Chal='s office for a limited period of time (24-72 hours as determined by guidelines set by the Chairman) so that other Commissioners may submit their views 9
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3 for consideration or take issue with the proposed action if they believe it to be a Commission action.
SECY has designed appropriate transmittal sheets to differentiate between those letters
.provided the c = 4ssion for action and those provided for information only.
(copy attached)
I recommend approval of the attached revisions to the Internal Procedures which would reflect the above suggestions.
recognized that ' subsequent action by the Commission on SECY-It is for further modification of procedures.80-457 - EDO Delegation additional revisions as appropriate at that time.We will make any Attachments:
1.
Correspondence Transmittal Covers
'2.
Revised pgs. 28 Internal Commission Procedures Cc:
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SUBJECT:
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COLLEGIAL COMISSION i
C RRESP6NDESC5 R'E5' dN5E SSEET
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FOR ACTION:
FOR INFORMATJON:
i FROM: SamuelJ. Chilk, Secretary of the Commission
SUBJECT:
Your Response Must Be Received in The Office of the Secretary by TIME:
DAY:
DATE:
ACTION REQUESTED:
Your concurrence and/or comments:
Other:
COMMISSIONER RESPONSE I Concur:
No Comment:
Please note other comments below:
PLEASE A"ITACH THIS COPY TO M ATERI AL ' SUBMITTED.
If you have any questions or if you anticipate a delay in responding to this request, please advise the Correspondence /
Records Branch. (4-3317) 1
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U SECTION II INSTITDTIONAL CORRESPONDENCE
_ General Correspondence addressed to the chaiman, the Office of Congressional Affairs and the Secretary is delivered to SECY.
for opening and initial handling.
Correspondence addressed to the individual Comissioners is delivered to them unopened unless they request SECY to handle.
all Congressional correspondence within 48 hours5.555556e-4 days <br />0.0133 hours <br />7.936508e-5 weeks <br />1.8264e-5 months <br />.OCA will acknowledge Procedures for Processing Incoming Institutional Correspondence Institutional comunications which are addressed to the Chairman, Office of Congressional (incl Affairs, or the Secretary are assigned by SECY to an action office for preparation of an appropriate response or other action as required.
Routing of Congressional correspondence is accomplished in consultation with OCA.
1.
Correspondence routed to EDO for direct reply.
Com=unications which refer to routine matters and those on which the Com=ission has previously expressed its views are routed to the appropriate staff activity for direct reply.
These comunications will not normally be provided to the Commission.
There are, however, known interests of Comissioners, either individually or collegially, which SECY will be sensitive to and will provide such communications to the Comissioner. --There are other special communications which SECY will determine should be brought to the attention of the Commission either i
because of the relevance of the subject content to Commission business or because it is likely to be high public interest.
In those instances SECY t
will also provide the' Chairman and Comissioners with information copies.
2.
Correspondence routed for Commission Staff Office reply.
Communications calling for direct reply by a Commission Staff office or preparation of a reply.
for SECY signature, except for those containing routine requests for general information, will be provided to all Comissioners.
Cor$esoondence routed to staff for Chairman response.
3.'
Communications of a policy, adjudicatory or rulemaking nature are referred to the EDO or to a ' Commission
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~29-Staff office for the preparation of a collegial reply to be signed by the Chairman.
of all incoming correspondence routed to EDO orInformation co
. will be provided to all Comissioners. Commission st 4.
Ex Parte communications.
Communications, except Congressional communications believed to be ex parte are distributed as follows:,
a.
Correspondence mentioning nuclear power plants by name are sent to OGC prior to action; b.
Correspondence determined by OGC to be ex parte are:
(1) withheld from the Comissioners and the Licensing and/or Appeal Boards, and (2) served on the comunicator and the parties to the proceeding involved, and placed in the PDR as required by 10 CFR 2.780(b).
Ex parte communications are not placed In the decisional record, but selectively summarized in the SECY Daily Report.
5.
Congressional correspondence.
All Congressional communications, except routine The General Counsel will call to the Commissio l
attention any case where such correspondence is a matter of potential concern in the C-ission's conduct of its adjudicatory affairs.
Procedures for Processing. Outgoing Institutional Correspondence 1.
Outgoing correspondence signed by the EDO or the EDO staff will be processed and dispatched by EDO except that Congressional correspondence will be delivered to OCA for transmittal to Congress.
will be responsible for review of such correspondence OCA to insure completeness, responsiveness, and " plain English" readability.
OCA is to return the communication to the staff if these elements are
, missing.
These communications will not normally
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be provided to the Comissioners;'SECY will exercise its judgment on calling individual replies to the attention of the comissioners.
2.
Outgoing correspondence signed by Comission Staff offices will be processed and dispatched by the office involved or through SECY, as appropriate.
Communications, other than respo,nses to routine requests for information, will be provided to the Commissioners for information.
All Congressional replies will be delivered to OCA for final review and transmittal to Congress.
OCA will determine which, if any, are of such significance that the Commissioners should receive information copies.
3.
signature will be forwarded to SECY and sepa into two categories:
Those which pertain to policy, rulemaking and a.
adjudication will be coordinated with all Commissioners.
(1)
All outgoing correspondence requiring Commission approval will be ro Commissioners for concurrence.uted to OCA provides prior review of pro responses for completeness, posed Congressional responsiveness and " plain English" readability.
(2) days for review and comment. Commissioners Comments and suggested changes are circulated to other Commissioners.
Development of a consensus reply continues for a period of five (5) working days after which the for signature. communication is forwarded to the Chairman If a majority view has not formed in ten (10) days, the Chairman will either sign the letter out stating the Commission has not yet reached a collegial position or attempt to find a majority position.
A minority view, if desired, will be included in the letter or by attachment.
n
i b.
Those which pertain to internal operations and other functions assigned'to the Chairman will be sent to the Chair==n for signature and provided simultaneously to the comissioners for information.
These letters ara held in the Chairman's office for a limits.d period of time (24-72 hours as determined by guidelines set by the Chairman) so that other Comissioners may submit their views for consideration or take issue with the proposed action if they believe it to be a Comission action.
Letters will be covered by an appropriate transmittal sheet which will differentiate between those letters provided the Comission for action and those provided for information only.
(Sample attached) 4.
SECY will utilize the following criteria in determining whether collegial responses to executive comunications should be prepared for the signature of the Chairman.
Normally, replies to executive comunications of the following types will be prepared for signature of the Chairman:
a.
Correspondence involving substantive new policy or legal issues; b.
Official transmittals to Congress of reports and studies and other comunications expressly required by law; Correspondence with Congressional oversight c.
committee and subcomittee chairman; d.
Correspondence with State governors and heads of Federal agencies and depar%ents; OMB requests for coments on proposed Executive e.
. Orders or legislative proposals requiring collegial Commission review; and f.
Other executive (VIP) comunications as determined by the signator's present position or previous relationship with NRC on the urgency or gravity of the subject content of the letter.
u Readine File SECY prepares a daily reading file containing incoming and outgoing letters which is distributed daily.
If Commissioners wish to change routing, or review a letter prior to dispatch, they should so direct their requests to the Office of the Secretary.
Correspo'ndence of interest and importance to Commissa.oners is provided to all Co-f ssioners by means of the Commission Daily Reading File, together with a SECY Daily Report summarizing all significant items of internal memoranda or external correspondence.
Correspondence of an immediate urgency or very high topical interest is hand-carried to each Commissioner's office.
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SECY-80-497 November 10, 1980 COMMISSIONER ACTION For:
The Commissioners From:
Leonard Bickwit, Jr.
General Counsel Edward Hanrahan, Director Office of Policy Evaluation
Subject:
REVIEW OF DELEGATIONS OF AUTHORITY AND OTHER DOCUMENTATION
Purpose:
To report results of OGC/ OPE review of Commission delegations of authority with respect to whether changes are required by Reorganization Plan No. 1 of 1980.
Discussion:
The Chairman's September 29, 1980 memo-randum noted the potential effects of the Reorganization Plan on delegations of authority and internal procedures and documents, and directed OGC/ OPE to review Commission delegations of authority to the offices reporting to the Commission and prepare revised delegations as appropriate for Commission review.
The major change required by the Reorganization Plan in this area is that the Commission delegate authority to the heads of such offices-to appoint, remove and supervise their respective staffs.
This change has been implenented by NRC Manual Bulletin No. 4108-52, and thus, no further Commission action is called for.
The Plan's requirement that delegations of Commission functions be "through the Chairman" does not apply to delegations to Commission-level offices and also necessitates no internal change with respect to these offices.
CONTACT:
C.W. Reamer, OGC
- SECY NOTE: This paper is identical to advance copies 634-1493 which were distributed to Comission offices on s
November 7, 1980.
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~ Delegation of Authority - Executive Teams The Cor.sission has approved the Essential Uninterruptible Functions which the NRC would undertake during a national emergency.
To carry out those functions, three Executive Teams, designated Alpha, Bravo, and Charlie, have been established.
It is ' anticipated that the Alpha Executive Team will be the first to be activated, and will have the respunsibility for performing the emergency functions as long as it is able to function.
When the Alpha Executiva Team can no longer function, the Bravo Executive Team shall be activated and wiil have the responsibility for performing the emergency functions as long as it is able to function.
When the Bravo Executive Team can no longer functic,n, the Charlie Executive l
Team shall be activated and will have the responsibility for performing the emergency functions.
l Each team shall be activated by the commission.
In the event a quorum of three or more members of the Commission is unable to convene, each l
team shall be activated by the official who is highest in the Commission's approved Line of Succession.
Whenever a team is activated, the officers and employees of NRC serving on the team shall have, and are hereby delegated, the authority to taker
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.s dny lawful action deemed necessary to Carry oUt the. Essential uninterruptible Functions curing the emergency period, subject only to any instructions or directives receiyed from the' Commission or the official who is highest in the Line of Succession should a quorum of the Commission be unable to cor.vene.
Attached and made a part of this delegation of authority are Lhe Essential Uninterruptible Functions approved by the Cocunission and the delegation of authority to the officials in the Line of Succession.
The emergency period covered by this delegation of authority shall include any pre-attack, attack, and immediate post-attack periods.
FOR THE C0 SION gg7 4
Samuel
. Chilk, Secretary pf the Commission January 19, 1978 Attachments:
j< y-Essential Uninterruptible Functfuns ' q7.C'$ f l
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Delegation of Authort ty - Line of' Succession l
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