ML20029A135
| ML20029A135 | |
| Person / Time | |
|---|---|
| Issue date: | 01/29/1991 |
| From: | Parler W NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | Rothschild M NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| References | |
| NUDOCS 9102040201 | |
| Download: ML20029A135 (2) | |
Text
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January 29, 1991 MEMORANDUM FOR:
Marjorie U. Rothschild, OGC FROMt William C.
Parler, General Counsel
SUBJECT:
EXEMPTION UNDER 18 U.S.C.
208 (b) (1)
The purpose of this memorandum is to grant you an exemption under 18 U.S.C.
208 (b) (1) that will permit you to participate in certain matters affecting AT&T, Eastman Kodak, Minnesota Mining &
Manufacturing, Borden Chemical & Plastics, and GTE, all NRC materials licensees in which you have a financial interest.
This waiver determination is made pu.rsuant to the authority granted to me under 10 C.F.R. 0.735-21.
Your financial interests in AT&T, Eastnan Kodak, Minnesota Mining
& Manufacturing, Borden Chemical & Plastics and GTE consist of common stock holdings.
Each of these holdings is valued at less than $5,000.
Under 18 U.S.C. 208(a) these financial interests preclude you from participating in generic matters including rulemaking actions, that would have a direct and predictable effect upon these entities as NRC licensees.
As an attorney in the Rulemaking D.
- ion of the Office of the General Counsel you frequently adv and assist the NRC staff in s
applying NRC regulations to entiti s who have applied for, or who hold licenses for, the commercial / medical use and possession of nuclear materials, and in drafting regulatory revisions or policy guidance with respect to these entities.
Therefore, considering the nature of your position, it is desirable that you be permitted to participate in these matters to the extent permitted under the statutes and regulations governing conflict of interest matters.
For the reasons set forth below, and in accord with the recommendation of OGC, I have determined, in accordance with 18 U.S.C. 208 (b) (1) and 10 C.F.R. 0.735.21(b), that your interests in AT&T, Eastman Kodak, Minnesota Mining & Manufacturing, Borden Chemical & Plastics, and GTE are not so substantial as to be deemed likely to affect the integrity of the services expected of you by the NRC with respect to matters involving generic issues, including rulemakings, in which these entities would be affected in the same-manner as other similarly situated entities.
With regard to the particular commercial / medical use licensees in which you have a financial interest, the NRC - licensed activities of each is a minor part of its overall business.
Furthermore, even if the activities in which you participate involve changes in the regulatory requirements placed upon g
commercial / medical use licensees or upon a general class of
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3 l( licensees, the new requirements generall); would affect all similarly situated entitiss in-the same manner.
Rarely, if ever, would they be directed solely toward ca individual licensee.
Based upon the foregoing I have cracluded that it is appropriate that you be granted an exemption from the prohibition of section 20B(a), to allow you to participate in generic issues including rulemakings, in which AT&T, Eastman Kodak, Minnesota Mining &
Manufacturing, Borden Chemical & Plastics, and GTE would be affected in the same manner as other similarly situated entities.
However, this waiver would not extend to any particular matter involving specific parties, such as the grant, amendment or renewal of a-commercial / medical use license or an enforcement action.
It also does not include any rulemaking proceeding, policy statement, or other government action in which the interest of the above named entities would be affected uniquely.
Please note that_if you, your spouse, or minor children make future security acquisitions in any company that holds an NRC materials license (and which is not on the NRC list of prohibited securities) so as to bring the total value of the shares held to more than $1,000, you should promptly advise an OGC deputy ethics counselor so that consideration can be given to whether those interests also are appropriate for an exemption under section 208 (b) (1).
OGC has a list of NBC materials licensees that is available for your review.
_s
.w.ho.
J William C. parler General-Counsel cc:
James Fitzgerald PDR L
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