ML19351F667

Responds to 800929 Memo Requesting Review of Internal Procedures to Identify Areas Where Mods Would Be Appropriate for Implementation of Reorganization Plan.Revisions Re Format of Secy Papers & Correspondence Are Recommended

ML19351F667
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)
Shared Package
ML19351F666	List: ML19351F665 ML19351F667
References
NUDOCS 8101130727
Download: ML19351F667 (10)

Text

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UNITE 3 STATES '

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November 13, 1980 OFFHl:E OF THE SECRETARY MEMORANDUM FOR:

Chairman Ahearne Commissioner Gilinsky Commissioner Hendrie Commissioner Bradford '

FROM:

Samuel J. Chilk, Secretar

SUBJECT:

PROPOSED REVISIONS TO INTE RN< 1, PROCEDURES V

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 I

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 #1 of 1980' dated August, 1980 and later coordinated with all Commissioners.

As a result, the transition to Policy, Adjudicatory and Rulemaking Papers has been initiated and will be fully implemented within 30 days when paper formats becoms 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 I

control of outgoing correspondence.

In responding to these l

options, three Commissioners elected to continue the present system.

However, within the present framework, it may be l

possible to accommodate,the differing views by a combination l

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 l

committed themselves to do in response to Commissioners Gilinsky and Bradford's memorandum of September 30, 1980.

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SECY would propose to handle correspondence hs indicated i

below:

1.

Incoming f

a.

Information copies of incoming mail routed to EDO for direct reply will not normally be provided to the Chairman and Commissioners.

There are, however, known interests of Commissioners, either individually or collegia 11y, which SECY will continue to be sensitive to and will provide such communications to the Comission.

There are other special communications which SECY will from time to time determine should be brought to the attention of the Commission 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 l

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 signature of the i

Chairman will be provided to all Commissioners.

This will include collegial responses.

l c.

Information copies of incoming mail routed to a l

Commission 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 I

provided to all Commissioners.

2.

Signature Mail l

Signature mail will be separated into two categories:

(1) those which pertain to policy, rulemaking, and i

adjudication will be coordinated with all Commissioners for collegial response, and (2) those which_.2ertain to internal operations and otter functions assigned to the Chairman vill _be sent tu the C5 airman for 'sTgNafGr'e Enif pfovided to

'the Commissioners for information only.

It is sugges'.ed that these letters be held in the Chairman'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

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SECY has designed appropriate transmittal sheets to differentiate between those letters provided the Ca-ission 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.

It is recognized that ' subsequent action by the Commission on SECY-80-457 - EDO Delegations of Authority, may result in a need for further modification of procedures.

additional revisions as appropriate at that time.We will make any Attachments:

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' Correspondence Transmittal Covers

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Revised pgs. 28 Internal Commission Procedures cc:

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Date:

i FOR ACTION:

FOR INFORMATJON:

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FROM: Samuel J. Chilk, Secretary of the Commission

SUBJECT:

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Your Response Must Be Received in The Office of the Secretary by TIME:

DAY:

DATE:

ACTION REQUESTED:

l Your concurrence and/or comments:

1 Other:

1 COMMISSIONER RESPONSE i

l Concur:

No Comment:

1 Please note other comments below:

l PLEASE ATTACH THIS COPY TO MATERI AL SUBMITTED.

j if you have any questions or if you anticipate a delay in responding to this request, please advise the Correspondence /

I Records Branch. (4-3317) l a

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l SECTION II INSTITUTIONAL CORRESPONDENCE 3

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General Correspondence addressed to the Chairman, the Office of Congressional Affairs and the Secretary is delivered to SECT for opening and initial handling.

Correspondence addressed to the individual Commissioners 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 communications whic.h are addressed to the Chairman, Office of Congressional (inclu Affairs, or the Secretary are assigned by SECY to an action office for preparation of an appropriate response or other i

action as required.

is accomplished in consultation with OCARouting of Congressional corresponf l

1.

Correspondence routed to EDO for direct reply.

I 3

Communications which refer to routine matters and those on which the Commission has previously i

expressed its views are routed to the appropriate staff activity for direct reply.

These communications will not normally be provided to the Commission.

There are, however, known interests of Commissioners, l

either individually or collegia 11y, which SECY will be sensitive to and will provide such communications to the Commissioner. --There are other special communications which SECY will determine should be brought to the attention of the commission either 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 will also provide the Chairman and commissioners 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 prcvided to all Commissioners.

3.'

Correspo$dence routed to staff for Chairman response.

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4 Communications of a policy, adjudicatory or rulemaking nature are referred to the EDO or to a Commission

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~29-i Staff Office for the preparation of a collegial reply to be signed by the Chairman.

of all incoming correspondence routed to EDO orInformation copie will be provided to all Comissioners. Commission staf 4.

Ex Parte communications.

believed to be ex parte are distributed as follows Correspondence mentioning nuclear power a.

plants by name are sent to OGC prior to action; b.

Correspondence determined by OGC to be ex parte are:

_x (1) withheld from the Commissioners and the Licensing and/or Appeal Boards, and l

(2) served on the communicator and the l

parties to the proceeding involved, and placed in the PDR as required by 10 CFR 2.780(b).

Ex parte communications are not placed Tii thie-Tecisional record, but selectively summarized in the SECY Daily Report.

5.

Congressional correspondence.

All Congressional comunications, except routine The General Counsel will call to the Comission'sc attention any case where such correspondence is a matter of potential concern in the Comission'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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l be provided to the Commissionersr SECY will exercise its judgment on calling individual replies te 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 i

requests for information, will be provided to the i

Commissioners for information.

All Congressional replies will be delivered to OCA for final review and transmittal to Congress.

OCA will determine which, if any, ara of such significance that the Comissioners should receive information copies.

. 3.

Outgoing correspondence prepared for the Chairman's signature will be forwarded to SECY and separated into two categories:

Those which pertain to policy, rulemaking and a.

adjudication will be coordinated with all Commissioners.

(1)

All outgoing correspondence requi-ring Commission approval will be ro Commissioners for concurrence.uted to OCA provides prior review of proposed Congressional responses for completeness, responsiveness and " plain English" readability.

(2)

Commissioners are days for review t i comment..ven five (5) working Coments and suggested cha ges are circulated to other Commissioners.

Development of a consensus reply continues for a period of five (5) working days after which the communication is forwarded to the Chairman for signature.

If a majority view has not formed in ten (10) days, the Chairman will either sign the letter out stating the Commission 1.ns not yet reached a collegial position or attempt to find a majority pcdifon.

A minority view, if desired, rip, be included in the letter or by r g.c Went.

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Those which pertain to internal operations and other functions assigned'to the Chairman will be sent to the Chairman for signature and provided simultaneously to the C - 4ssioners i

for information.

These letters are held in the Chairman's office for a limited period of 1

time (24-72 hours as determined by guidelines set by the chairman) so that other Commissioners may submit their views for consideration or take issue with the proposed action if they believe it to be a Commission action.

Letters will be covered by an appropriate transmittai sheet which will differentiate between those letters provided the Ccamission for action and those provided for information only.

(Sample attached) 4.

SECY will utilize th'e following criteria in determining whether collegial responses to executive communications should be prepared for the signature of the Chairman.

Normally, replies to executive communications of the following types will be prepared for signature of the Chairman:

a.

Correspondence involving substantive raw policy or legal issues; 3.

official transmittals to Congress of reports and studies and other comunications expressly required by law; Correspondence with Congressional oversight c.

l committee and subcommittee chairman; d.

Correspondence with State governors and heads of Federal agencies and departments; OMB requests for comments on proposed Executive e.

. orders or legislative p2:oposals requiring collegial Commission review; and f.

Other executive (VIP) communications as determined by the signator's present position I

or previous relationship with NRC on the urgency or gravity of the subject content of the letter.

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Reading 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.

Correspondence of interest and importance to Commissioners is provided to all Commissioners 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: <.n 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 i

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 l

respect to whether changes are required by Reorganization Plan No. 1 of 1980.

l Discussion:

The Chairman's September 29, 19 80 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 l

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 November 7, 1980.

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. MEMORANDUM FOR: Commissioner Victor,Gilinsky

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October 26, 1979 CHAIRMAN

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MEMORANDUM FOR:

Director f\\

Office of Insp ctor and Aeditor FROM:

Joseph M. Hendrie ' Q

SUBJECT:

DELEGATION OF'AUIHORI Y You are hereby delegated authority to administer oaths and affirmations under Section 161c. of the Atomic Energy Act of 1954, as amended, to' enable you to conduct investigations on matters within your delegated authority.

The above authority may be redelegated to the Assistant Director for Investigations of the Office of Inspector and Auditor.

You and the Assistant Director for Investigation are the only ones who can authorize administering an oath or affirmation to an individual, but the ability to administer the oath or affirmation can be redelegated by you or the Assistant Director for Investigations to individual investigators on a case-by-case basis.

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Comissioner Gilinsky Comissioner Kennedy Comissioner Bradford Comissioner Ahearne Comission Staff Offices EDO e

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WASHINGTON, D. C. 20SS5 g

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January 21, 1977 9m w

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MEMORANDUM FOR:

Samuel J. Chilk 5 cretary of the Comission i

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Ma cu owoe Chainnan i

SUBJECT:

DELEGATION OF TRAVEL APPROVALS AND AUTHORIZATIONS i

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The responsibilities for authorizing official travel for the Comissioners and their imediate staff are hereby delegated to each Comissioner and

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E to the Secretary of the Comission.

These responsibilities may be E

redelegated within each Comissioner's Office or the Office of the Secretary with written notification to the Controller and the Office 6f Administration.

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Comissioner Gilinsky

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Comissioner Kennedy gy g L. W. Barry, CON D. J. Donoghue, ADM i

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ff.j' Delegation of Authority - tine of Succession' The officiais riesignated. helow in the Line of Succession are' delegated the authority to direct the Commission's operation's and the emergency functions assigned to the Commission by Executive Order 11953; provided, that this delegation of authority shall become effective only in the event of a national emergency due to enemy activity, or in the event that an order or directive is issued by the President pursuant to statutes or the Constitution of the United States which makes this delegation of autnorit.y effective; and further provided, that this delegation of authority shall buceme ef fective, end wi'l remain in effect, only in the event and as 1cng as a quorum of three or more members of the Commission is unable.

to conwne and exercisa direction.

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In the event of a national emergency due to enemy activ.ity, the emergency peried shall lisclude the period when attack'on the United States is icaincut, the attack period, and the post-attack period necessary to re establish normal lines of ccmand.

In tne event this delegation of authority is made effective by a Presidential order or directive, the' delegation of authority shall remain in effect until the order or directive is rescinded.

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Line of Succession 1.

' Couaissioners, by order of seniority

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Executive Director for Operations 3.

Directr.r, Office of Nuclear Reactor Regulation 4.

Direc~ tor, Office of Nuclear Material Safety and Safeguards i

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Director, Office of liispection and Enforcement 6.

Giiector, Region II Atlanta 7.

, Director, Region IV Dallas 8.

Director, Region I Philadelphia 9.

Director, Region III Chicago,

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Director, Region V San Francisco Any off1cial who acts unnee this delegation of authority shall do so only in the abseince or inability of all other officials preceding him in the Line nf Succession, and his authority to so act shall cease when any official who pt ocedes him is abla.to assume direction of the Commission's operations and emergency functions.-

Ouring the time that this delegation of aut.hority is in effect, the official directing the Commission's operations ar.d smergency functions shall be vested with all the authority of the Commin ion.

FOR THE COMMI ION s

W Samuel J. Chilk Secretary of the Commission January 19, 1978 s.

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' Delegation of Authority - Executive Teams The Cornission has approved the Essential Uninterruptible Functions l

which the NRC would undeitake 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 responsibility 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 i nctic.n, the Charlie Executive Team shall be activated and will have the responsibility for performing the emergency functions.

Each team shall be activated by th Commission.

In the event a quorum of three or more members of the Commission is unable to convene, each team shall be activated by the official who is highest in the Commission's appraved Line of Succession.

Whenever a teaiu is activated, the of ficers and employees of NRC serving on the team shall have, and are hereby delegated, the authority to take.

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dny lawful action deemed necessary to carry out the. Essential' Uninterruptible Functions curing the emergency period, subject oniy to l

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any instructions or directives received from the' Commission or the j

i official who is highest in the Line of Succession should a quorum of the Commission be unable to convene.

Attached and made a part of this delegation of authority are Lhe Essential Uninterruptible Functions approved by the Commission 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 sg7 4

Samuel Chilk Secretary pf the Commission January 19, 1978 Attachments:

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Essentisi Uninterruptible Functiuns ' 99 0 7 i.

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