ML20044A587
| ML20044A587 | |
| Person / Time | |
|---|---|
| Site: | Calvert Cliffs  |
| Issue date: | 06/21/1990 |
| From: | Carr K NRC COMMISSION (OCM) |
| To: | Vietticook A NRC COMMISSION (OCM) |
| References | |
| NUDOCS 9006290252 | |
| Download: ML20044A587 (2) | |
Text
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NUCLEAR REGULATORY COMMISSION n
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i June 21, 1990 CHAIRMAN -
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MEMORANDUM FOR:
Annette Vietti-Cook, Technical Assistant Office of the Chairman FROM:
Kenneth M.
Carr
SUBJECT:
SECTION 208 (b) (1) EXEMPTION TO WORK ON MATTERS AFFECTING BALTIMORE GAS & ELECTRIC CO.
<I hereby grant ~you an exemption from the restrictions in 18 U.S.C.
208(a) so that you can work on NRC matters affecting ' Baltimore Gas
~
& ~ Electric Co.
(BG&E).
This exemption is required because your spouso holds a vested pension interest in BG&E as a result of his former employment with that company.
Section 208(a) of Title 18 of the United ' States Code prohibits a government employee from participating personally and substantially in any particular matter in which the employee or-the employee's spouse has a financial interest upon which the outcome of the particular matter would have a ' direct and. predictable effect.
Under. the Commission's i
implementing regulations at 10 C.F.R. 0.735-21(e), an NRC employee
- is subject to the. restrictions of Section 208(a) with respect to a company in which the employee, or the employee's spouse, holds a. vested pensicn interest. Therefore, under Section 208(a), absent an exemption, you would be prohibited by Section 208 (a) from taking 1
part, as an NRC employee,jin any particular matter which would have a direct and predictable effect on BG&E.
-However, Section 208(b)(1) provides that an employee may be granted an exemption from the prohibition of Section 208(a) upon a determination by the official responsible for -the employee's appointment'to his government position that the-financial interest in a particular NRC matter affecting that interest is "not so
. substantial as to be deemed likely to affect the integrity of the services. which. the Government may expect from" the employee.
Section 0.735.21(e) of 10 C.F.R.
provides that the appointing official may grant such an exemption with respect to a.. vested <
pension interest only if the office of the General Counsel first determines that the person cannot in any f ashion as an NRC employee influence the amount of the pension.
W l
l C006290252 900621 PDR 'ADOCK 05000317 P
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2 0,ld ' -.c-1After: reviewing the'BG&E Pension Plan, the_ Office of the' General' Counsel'has advised-me.that you, as an NRC employee,cannot affect the-amount your husband will receive-under the Pension Plan.
Given f
this advice,-I have' concluded that your financial interest'in BG&E is'not so-substantial as to be likely to affect the integrity of your services.in working on NRC matters affecting BG&E.
W W Kenneth M.
Carr cc:
Trip Rothschild PDR i
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