ML20005B365
| ML20005B365 | |
| Person / Time | |
|---|---|
| Issue date: | 03/20/1981 |
| From: | Fraley R Advisory Committee on Reactor Safeguards |
| To: | Barry L, Donoghue D, Engelhardt T NRC OFFICE OF ADMINISTRATION (ADM), NRC OFFICE OF THE CONTROLLER, NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| Shared Package | |
| ML20005B364 | List: |
| References | |
| ACRS-1845, NUDOCS 8107080004 | |
| Download: ML20005B365 (6) | |
Text
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'o UNITED STATES NUCLEAR REGULATORY COMMISSION y"'
A y
.,E ADVISORY COMMITTEE ON REACTOR SAFECUARDs w Assinatos, o. c. rosss c
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%,... J March 20,1981 Learned W. Barry, Controller MEMORANDUM FOR:
Daniel J. Donoghue, Director, Office of Administration Thomas F. Engelhardt, Deputy Executive Legal Director Paul E. Bird, Director of Personnel Edward L. Hal.an ec or, Division of Contracts FROM:
R. F. Frale,
cu i e ector ARRANGEMENTS FOR SERVICES OF ACRS MEMBERS
SUBJECT:
This memo is to confirm our telecon regarding a meeting to discuss the matter This meeting of compensation, expenses and benefits payable to ACRS members.
will be held in the ACRS Chairman's Office, Room 1010, at 1717 H Street, NW The list of questions at 1:00 p.m. on April 8,1981 to discuss these matters.
below are typical of the type to be explored at this meeting.
Background
ACRS Members are designated Special Government Employers (WAE) for purposes This designation subjects them to most of of Salary, benefits, travel, etc.
the disadvantages of being a government employee, but they receive few of the For example, their salary is limited to that of a GS-18 (which is advantages.
the same as a mid-level GS-15) but they do not receive retirement benefits, sick leave, life and health insurance, etc.
In addition, the present arrange-ment prov ies very limited reimbursement for support of their activities as ACRS Members (e.g., office space is not provided to them, secretarial and other support is limited) even though they work an average of approximately 125 days per year (1/2 time) on ACRS activities and must process and review largt numbers of massive documents and maintain extensive files and work space at their duty stations to accomplish their assignments as Members.
Topics of Discussion Specific issues to be explored during this meeting include the following:
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What is the specific basis for designating Members as "Special Govern-1)
In this connection, it should be noted that ment Employees (WAE)"?
Members meet some of the requirements for government employees (e.g.,
ATTACHMENT 2 8107080004 810505 g PDR ACRS 1845 PDRjc
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are performing a funcHon required by law) but not all (e.g., they are not supervised by a gr snent employee).
It should also be noted that other government agencies (e.g., U. S. Corps of Engineers) make use of a contract arrangement to obtain the services of individ;al experts as does this agency on occasion (e.g., Mr. Allan Labowitz who has recently been hired by NRC to review and evaluate the NRC programs for international exchange of information, see NRC Appendix 4139, Part II, Utilization of Consultants and Members).
What, if anything, would prohibit designation of Members as advisors 2) under contract to NRC with an assignment to prepare reports to the NRC on nuclear safety matters as was done in the case of Mr. Michael Rogovin who was eniployed under a contract to report to the NRC re the TMI-2 incident and the adequacy of the regulatory process?
In this connection, it should be noted that many of the features of a contracting process are already inherent in the process used for select-ing and appointing new Members (e.g., the position is advertised and nominations are accepted from individuals and organizations who have a qualified candidate who can do the job. A selection panel is appointed to narrow the candidates to a panel of 2-3 qualified nominees whose names are sent to the Commission for final selection and appointment).
3)
Could a standardized contract be used for the services as an ACRS Member with a standard rate of compensation? Would the rate of compen-sation and benefits have to be negotiated on a case-by-case basis, taking into account factors such as competence, availability, out-side activities / salary, etc.?
4)
If Members cannot be hired under contract or work order, what, if any-thing, would preclude their being designated a Regular Part-time Government Employee? In this connection, it should be noted that:
The average Member devotes approximately 125 days /yr. to ACRS activities.
Several Members devote in excess of 130 (260 max.
legal days) and have been designated Full Time Government Employ-ees for conflict-of-interest purposes.
Members are expected to attend scheduled ACRS meetings (12/yr) and supplementary subcommittee meetings (100/yr) scheduled by the ACRS Office. Their expected working days would be those scheduled by the ACRS Office depending on workload, the licensing process, etc.
(NOTE:
Each member is expected to attend only 20-30 Subcommittee i
meetings per year, depending on his particular assignments to specific subcommittees.)
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5)
If Members were to be designated as Regular Part-Time Government Employees, how would their benefits be determined? They could, for example, be based on the estimated number of days to be worked by Members or the actual number as reported by this Office.
The use of sick or annual leave could be charged when they are unable to attend scheduled meetings.
6)
Why is the daily rate of compensation for ACRS Members set at a figure based on 260 working days per year when a senior full-time government employee is only expected to work 220 days per year when leave and holidays are taken into account?
7)
Some Members of the ACRS receive retirement annuities from the U. S.
Government.
What would be the impact of changing to an arrangement where Members are hired as:
advisors under contract Regular Part-time Government Employees?
8)
What would be the impact on the relationship between the ACRS Staff /
Fellows and the Committee Members if Members were to become advisor s under contract?
Could the ACRS Chairman, for example, continue to be the supervisor of the ACRS Executive Director (Regular Full-time Government Employee), and could Members continue to supervise the activities of ACRS Fellows (Temporary Full-time Government Employees)?
9)
If Members are designated as Regular Part-time Government Employees, could the biweekly time and attendance report be used by the ACRS Office to report their activities in lieu of the individual compen-sation claim vouchers now used for each meeting / trip?
10)
Since Members are at present classified as special Goveranent Employ-ees, what is the authority for withholding FICA contributions when this is not done for Regular Part-time or Full-time Government Employees?
The Members of the Committee have asked that you or your representative be prepared to cite specific laws, regulations and/or legal decisions that address the issues noted above.
Thanks for your help, I look forward to an interesting meeting.
cc:
A. Barrett, Personnel P. Davis, OGC A. S. Puglisi, Controller H. Ragan, ELD
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4[2[81 s
AGREEMENT OUTLINE-ACRS MEMBERS Article 1 - SCOPE OF WORK The appointee shall serve as a member of the Advisory Committee on Reactor Safeguards and will review safety studies and facility license applications and advise the Commission with regard to the hazards of proposed or existing reactor facilities and the adequacy of proposed reactor safety standards. He will perform such other duties as the Commission may request. The Member will attend all ACRS full Committee meetings and such subcommittee meetings as he may be designated to attend. He will prepare such draft reports and studies as the Couit-tee Chairman may direct.'8bL M
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l Article II - PERIOD OF PERFORMANCE l
The Member shall serve for a period of four years from the date of his l
appointment by the Nuclear Regulatory Comission.
Article III - CONSIDERATION f
In full consideration of the Members performance, the NRC shall pay him at the daily rate of $192 per day,U plus an allowance of up to $5,000 per annum for fringe benefits. In addition, he may be reimbursed up to $10,000 per year for office expenses including office rent, secretarial and clerical l
l N e rate of $192/ day is based on a 260 day work year. This rate would be Th$227.78 if a 220 day work year can be justified.
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1 ATTACHMENT 4 l
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.,'j expense, engineering aide assistance, office supplies, long distance Payment for these expenses will phone calls and miscellaneous expenses.
be made by NRC upon submittal of paid receipts for these services and Reimbursement will be made for the following reasonable equipment.
domestic and foreign travel costs incurred directly and specifically in the performance of this contract and accepted by the Contracting Officer.
When travel is to one of the high-rate geographical areas 1.
listed below, actual subsistence costs shall be reim.bursed at a daily rate not to exceed the rates indicated:
Washington, DC - $75 San Francisco
- $75 (Other cities as appropriate)
Subsistence claims for foreign travel will be based on the per diem rates authorized by GSA.
The cost of travel by privately owned automobile shall be 2.
reimbursed at the rate of 22.5c per mile.
The cost of travel by rented automobile shall be reimbursed 3.
on a reasonable actual expense basis.
All common carrier travel reimbursable hereunder shall be 4.
If not available, via economy class rates when available.
reimbursement vouchers will be annotated that economy class First-class air travel is accomn.odations were not available.
not authorized.
Receipts are required for common carrier transportation, lodging 5.
and miscellaneous items in excess of $15.
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4 Article IV - DISSEMINATION OF CONTRACT INFORMATION The member shall not publish, permit to be published. or distribute for public consumption any information, oral or written, concern &ng the i
l results of conclusions made pursuant to the performance of this
- rtrnt, G&hL without the prior written consent of the 1 : ::t u; 0...tcr.
Two l
copies of any material proposed to be published or distributed shall be Ack'b E & D&o
-s submitted to the M 'nt S, C "fu c,,f f A Article V - Conflict of Interest The member agrees to comply with the Ethics in Government Act and the As am provisions of NRC Conflict of Interest Regulations, Part 0
.735.
sqcRS m.ntre;;;., he will also be subject to the rules governing NRC contractor organizational conflicts of interest, 41 CFR Part 20:44 Federal Register 19194 Article VI - FACA The member agrees to abide by all provisions of the Federal Advisory Committee Act in the conduct of neetings and in the performance of service as an ACRS Member.
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