ML20023E138
| ML20023E138 | |
| Person / Time | |
|---|---|
| Issue date: | 01/10/1983 |
| From: | Palladino N NRC COMMISSION (OCM) |
| To: | Carmen G GENERAL SERVICES ADMINISTRATION |
| Shared Package | |
| ML20023E137 | List: |
| References | |
| NACRLEUT, NUDOCS 8306140513 | |
| Download: ML20023E138 (4) | |
Text
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' January 10, 1983
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CHAIRMAN t.
The Honorable-Gerald P.
Carmen Administrator General Services Administration Washington, D.C.
20405
Dear Mr. Carmen:
Section 9 of the Federal Advisory Committee Act requires that agencies consult with the Administrator of the General Services Administration prior to creation of an Advisory Committee.
The Nuclear Regulatory Commission desires to create an ad hoc advisory committee, for approximately three to five months, to obtain expert advice relating to the rights of licensee employees who are under investigation by NRC.
Purpose of the Committee The Nuclear Regulatory Commission recently established an Office of Investigations to improve NRC's capability to perform credible, thorough, timely and objective investigations.
The Con: mission has also been developing policy guidance on important investigation issues to be followed by this new 1
office.
One such issue concerns the rights of licensee employees who come under investigation.
The Commission
' believes it is highly desirable at this time to convene a special panel to study and provide the Commission comments on what licensee employee rights ought to be, whether or not those employees under investigation should be informed by NRC of their rights, and if they are to be informed, when and how they should be informed.
Committee comments would j
be expected to cover the right to counsel (or non-lawyer representation) during an investigative interview and the
-right to choose to be represented by attorneys who also itepresent the licensee.
The advisory comrittee would also identify and comment on considerations that bear upon discretionary NRC actions in this area, including the offectiveness of NRC investigations and f airness to the interviewee and the licensee..
Need for the Ccmmittee The Co= mission believes that this advisory committee is' the i
most appropriate vehicle for obtaining in an expeditious manner the views and perspectives of knowledgeable experts.
We have no other advisio~ry committee in NRC on this subject and we are not aware of any other agency advisory committee which could fulfill this purpose.
'8306140513 830228 PDR ADVCM NACRLEUT PDR E
l NRC' e Plan to Obtain 'BalancRd Mnmbarnhip Tho Commission intends to obtain a balanca of membarship by ecoking exp3rt opinion on thic cubject from highly regardsd lawyers having experience relative to this assignment.
In addition to utilizing its present Acting Director of the Office of Investigations, NRC intends to draw four other -
me=bers from university law faculties and from private practice who have had extensive experience in the area of the rights of individuals.
Wo would be pleased to provide any additional information you may require to assess the merits of the proposed committee (draft charter enclosed).
I would appreciate your prompt rsply because the Commission desires an early response from the proposed Committee.
Sincerely.,
uGa Nunzi J.
alladino
Enclosure:
Draft Charter ea e
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UNITED STATOS, NU' CLEAR REGUIATORY COMMISSION J
Charter for Advisory Co=mittee for Review of Investigation Policy on Rights of Licensee E=ployees Under Investigation j
1.
Official Desienation Advisory Committee f or Review of Office of Investigation Policy on Rights of Licensee Employees Under Investigation 2.
Objectives a.nd Scope of Activities and Duties To provide the Commission comments on the subject of rights of licensee employees unde.- investigation.
Specifically the Committee is to provide comments on what these rights ought to be, e,*hether such employees should be informed by NRC of their rights, and, if they are to be informed, when and how they should be informed.
The Committee is also expected to identify and comment on the considerations that bear upon discretionary NRC actions, including the ef fectiveness of NRC investigations and f airness to the interviewee and the licensee.
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3.
Time Period Three to five months.
4.
Agency to 9Thom the Co=mittee Reports U. S. Nuclear Regulatory Commission 5.
Agency Responsible for Providing Necessary Support U. S. Nuclear Regulatory Commission 6.
Duties As set forth.in Item 2 above.
7.
Cert a.
SS,000 (allowed expenses, including travel and per diem).
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Less thari one man-year.
8.
Estimated Number of Meetings Two to three meet'ings.
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9.
TarminctionDat$
Approximately three to five months from date of filing.
10.
Date of Filing John C. Hoyle Advisory Cc:=ittee
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