ML20043B957
| ML20043B957 | |
| Person / Time | |
|---|---|
| Issue date: | 05/10/1990 |
| From: | Carr K NRC COMMISSION (OCM) |
| To: | Taylor J NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| References | |
| NUDOCS 9006010101 | |
| Download: ML20043B957 (2) | |
Text
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o UNITED STATES
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8" NUCLEAR REGULATORY COMMi&SION o
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WASHINGTON, D. C. 20555 8
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cHAmMAN May 10, 1990 To:
James M.. Taylor, Executive Director for Operations From:
Kenneth M. Carr
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 particular matters affecting Pfizer,'
l Inc., an NRC materials licensee, in which you have a
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financial interest.
This waiver determination, which-is'.
made pursuant to the' authority granted toime under'10 C.F.R. 0.735-21, is based on the advice-of the Office of General' Counsel _("OGC") following its review of your 1990 Executive Personnel Financial Disclosure Report ("SF-278").
Your financial interest in Pfizer consists of common stock valued between $5,000 and $15,000. ;I have been advised that.
under 18 U.S.C.
208(a) this financial interest. precludes you from participating in any'particular. matter, including general policy matters and rulemaking actions, that would have a direct and predictable =effect upon this entity as an-NRC licensee.
Considering the nature of your position as the Executive Director for Operations of the Nuclear Regulatory Commission,-it is desirable that you be permitted to participate in general policy determinations'to the extenti permitted under the statutes and regulations governing l
conflict of interest matters.
For the reasons set forth l
below,.and in accord with the advice of OGC, I have L
determined, in accordance with 18 U.S.C. 208 (b) (1) and 10 p
C.F.R.
0.735.21(b), that your interest in Pfizer is not so substantial as to be deemed likely to affect the integrity-
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of the services expected of you by the NRC with respect'to particular matters involving general policy issues, L
including rulemakings, in which this entity would be affected in the same manner as other similarly situated entities.
Pfizer is a pharmaceutical company which l
manufactures nuclear medicine.
In this situation, I would l
not anticipate that there would be any kind of general l
rulemaking or other policy matter that would have a-unique effect upca this company.
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CORRESPONDENCE PDU, 0
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Based upon the foregoing and-the advice of OGC, I have i
concluded that it is appropriate that you;be. granted an
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exemption from the prohibition of section 208(a)'.to allow l
you to participate in particular mattersiinvolving general.-
1 policy issues, including rulemakings, _in which Pfizer.would' be affected in1the same manner as other similarly situated entities.
However, this waiver would not extend to any particular matter involving specific parties,'such as the L
f grant, amendment or renewal of a_ license, an enforcement.
action,_or the awarding of a contract.-
It:also does not-include any rulemaking proceeding, policy. statement,nor other government action'in which the interest-'of Pfizer would be affected uniquely.
3 l
Please note that'if you or your' spouse ~make future security-
-i acquisitions in any: company that holds an NRC-materials
. license or is an NRC_ contractor _(and which is not.on~the NRC list of prohibited securities) sofas to bring the-: total value of the shares held to more than $1000,-you.should advise OGC promptly so that consideration-can be given:to
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whether those interests also are appropriate:for-an exemption under section 208 (b) (1).
OGC has"a list!ofLboth NRC materials-licensees and NRC contractors thatris-available for your review.
\\
Kenneth M. Carr I
cc:
T. Rothschild-PDRY 4
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