ML20044A734

Forwards Faulkingham Re Dismissal from Position as Site Secretary for NRC at Maine Yankee Based on Dual Employment W/State of Me & Nrc.Investigation Requested

ML20044A734
Person / Time
Site:	Maine Yankee
Issue date:	04/10/1990
From:	Mitchell G SENATE, ENVIRONMENT & PUBLIC WORKS
To:	Carr K NRC COMMISSION (OCM)
Shared Package
ML20044A733	List: ML20044A732 ML20044A734
References
CCS, NUDOCS 9007020154
Download: ML20044A734 (5)

Text

,

4 l

. h::::. = ~ '~

= =o: :

1 i

r." "2:"'"m.

!?A'=OP...,.

@$$$~...

I5"I5D'--

Billttd $tatts $tilatt

.:,.?#,* "J,'O.'J'" *.Mc,o.

cowwrnis on twvinowwiat awo ruwe woans WA,6HINGToN. oC 20l10-41fl April 10, 1990 l

i Mr. Kenneth M.

Carr Chairman Nuclear Regulatory Commission 1717 H Street, NW j

Washington, DC 20555 Dear Mr. Carr Iswish to bring to your attention the enclosed correspondence from Mrs. Sydney Faulkingham of Wiscasset, Maine, concerning her position as site secretary for the Nuclear Regulatory Commission (NRC) at the Maino Yankee Atomic Power Plant.

In her correspondence, Mrs. Paulkingham explains that she took an additional position with the State of Maine AFTER BEING INFORMED.

BY A RESPONSIBLE OFFICIAL OF YOUR AGENCY IT WOULD NOT REPRESENT A CONFLICT OF INTEREST.

Now that she has taken the position with the State of Maine she IS BEING DISMISSED FROM HER POSITION WITH YOUR AGENCY BECAUSE OF A CONFLICT OF INTEREST.

I would urge you to give this matter your personal attention in an effort to rectify the wrong that has apparently been done.

I will await your early reply.

With best wishes.

Sincerely M

/ George J. Mitchell Enclosures Please Reply to:

Senator George J. Mitchell P. O. Box 5248 Augusta, ME 04332 i

9007020104 900504 PDR ORG NE ED 5

PDC

I i

[

March 23. 1990 Senator Georoe Mitche11 Washington, DC Dear Senator.

I feel 1 am belno unfairiv dismissed from my position as site secretary for the Nuclear Regulatory Commission at Maine Yankee.

I have worked for the NRC for 3 years, with excellent work evaluations.

Over two veers aoo I was asked to accept a position with a State agency. The office of Nuclear Safety.

It is part of the Division of Heal th Engineering.

I asked permission of the NRC, feeling that it may appear to be a conflict of interest.

I received assurance that it would be alright to accept the job.

After holding the duel employment for eight months l' received the enclosed letter from the NRC saying I would have to give up one of the positions as thev felt it wa a conflict.

I feel it in unfair of them to expect me to give up.one of the posi tions at this time.

If they had given me a negative answer two years ago I would never have-taken the State job.

I have included a short history of the situation. mv latest-work evaluation. letters received from the NRC. letters I have written to the NRC.

and several papers pertaining to a

Freedom Of Information reauest I was told to file if I wanted any information.

I have talked with Senator Cohen's of fice in Augusta. Maine as well as vour office.

Jan Anderson of Senator Cohen's office said she would work with vour office if I wanted, which I thought best.

rather than two occkagen of evervthing being sent out to the NRC.

But in talking with vour office that doesn't seem to have been done.

I would appreciate anything that you can do.

Thank vou.

j,

" a u / A '. x a. hr a

,d.fcin.a,y

.i l

i l

Over two vears aoo a representative from the S ta t e of Maine. Clouch loopan. Office of Nuclear Safety. Division of Health Enoineerino.

Department of Human Services, asked if I would be interested in workino cart-time (10 hours1.157407e-4 days <br />0.00278 hours <br />1.653439e-5 weeks <br />3.805e-6 months <br /> Der week) for the State in coniunction with the part-time i12 hours per week) oobition With the Nuclear Reculatorv Commtesion.

I was currentiv workino at a Physician's billing service 16 hours1.851852e-4 days <br />0.00444 hours <br />2.645503e-5 weeks <br />6.088e-6 months <br /> a week at a local hosoital.

I asked mv immedia te supervi sor. Cornelius Holden. Senior Resident Insoector. if this would present a problem with the NRC.

He in turn asked his supervisor. Lowell Trico, if he thoucht this may be a conflict of interest.

Mr Holden and I reviewed the Federal Reculations which outline conduct of NRC emolovees.

Mr. Holden checked with his supervisor and told him that we had reviewed Part O.

My job W3th the state was to start in March 1999 Mr. Holden had to call several times to oet a final answer from NRC. Region I.

The final answer was that they did not see a conflict and I could accept emolovment wi th the State of Maine.

I gave a 3 week notice to the hospital and started working for the State on March 13.

1989.

In June the State reauested that I attend a two week technical staff Course held at the Maine Yankee site.

The ourcose of the 1

course was to f amiliarize mvself with how the olant worked and the l

terminoloov used by the industry.

The NRC provides trainino for site secretaries and did not sucoort mv attendance. however thev agreed to a two week leave of absence without cav.

I Shortly after this reovest (accroxima tel v Julv) I was given verbal warning that someone at the Region wanted my employment situation evaluated for a cotential conflict of interest.

Because of this information I thoucht it wise to write a letter to Mr. Russell.

Regional Administrator.

NRC.

Region I

stating duties and i

responsibilities of each of mv positions as well as reauesting to be allowed to continue emplovment.

Mr. Holden wrote, supporting mv reauest and Donald Hoxie.

head of the Division of Health Engineering f or the State of Maine also wrote supporting my request from the State's point of view.

i i received a response from the NRC in November.

A letter was hand carried to Maine and given to me by Jon Johnson. Chief. Projects.

Branch 3.

At this time I had held the NRC and the State oositions i

for 8 months.

The NRC has established a deadline of Aoril 1.

1990 for me_ -to

" resolve the conflict".

The only available options result in the loss of one of mv two oositions.

It is accarent that the NRC.han determined that my situation presents a conflict of interest.

however. even af ter submi t tino a Freedom of In f orma tion reoues t 1or the bases of the determination, the NRC has been unable to provide me with the interpretation of 10 CFR Part O which suonor ts their determination.

l 1

I-

1. +

e There are several things that bother met 1

The NRC has not been communicative with me.

the first official word I received from t hen NRC concernino this was the letter in November. eight months after I was oiven permission to take the State lob.

For whatever reason the decision was reversed. shouldn't I be oiven the cour tesy of an evol ana tion.

10 CFR Par t O didn ' t c hange. what did?

2-When Mr. Johnson came to deliver the letter to me I asked if I could get some information on how this second decision was made.

He sa kd that I could ask for that information.

I did.

and was told if I wanted the information I would have to go throuch F ree:$om of Information Act (FOIA) orscedures. labor relations or the union.

I was advised that the Ful A would be the outckesc way and as I had a deadline ! chose FOIA.

At that time I had worked for the NRC for 3 vears with excellent work evaluations.

Whv would they treat someone within their own ranks that way?

3-There are instances of wives and husbands. One of whom work for the NRC while the other works for an NRC licensee. ' Do thev have more integritv then I do?

Whv can they work for possible opposino sides and I not be allowed to work for two organizations that are doing the same job monitoring the workings of a nuc1 ear power elant7 I have been a loval " excellent" employee for the NRC for 3 years, with a 12 hour1.388889e-4 days <br />0.00333 hours <br />1.984127e-5 weeks <br />4.566e-6 months <br /> a week fob.

I understand there are steps to be taken when seeking outside employment and I did what was expected of me by asking advise of the situation before eccepting this job.

If it in finally decided that this is a conflic t of interett is it not too late to make me pay for a poor decision made bv someone at the very beginning of this.

I have now been wori:ino for both organizations for a vear. nothing'remotelv hinting at a conflict has arisen and I seriousiv don't expect one.

Rather they decide for or against my situation being one with a potential for a conflict of interest I believe it in far too late for them to exoect me to leave.

! certainly appreciate vour consideration of this.

e

IA#I**""*'**"**'

NON.SES PERFORMANCE APPRAISAL SYSTEM

' '[ *

SUMMARY

RATING

% N.

.,e.

..... i.%eCe

...Ia i t

.y

. 4,,,... s... e......., w.

10/1/88 9/3'0/89 j.c i........

[.....

6....

FAULKINGHAM. SYDNFY D.

DrtinrNT nrrirr Att1RTANT 0318/GG.4 c.5......o.............

REGION 1, OlVISION OF REACTOR PROJECTS, PROJECTS BRANCH NO. 3 (MAINE YANKEE)

... :... t, % c. e...,,.,........

x

..,,.... c t... ag. w.. e w......-.c e,

. c... c, e...m...e. u..e

....,,-.t s,

o...

.o...... ow o..o.... c et.e..i.,

e >>

it.st a Ct.0%g.Ca Ot tt avi%inc a %D assic%iNG a 1.ww a n, e st ewc w

1 Co. wtC 80nw atta atte nist.at t w'to.it.t el esc owa%Cl at.a8%19 t al (St at titute tt as omwa%Cl Sta%D A A0 f Ca f atw C A a%D &$18G% tal 4He0Pasatt nati%G f aa t c.Itt wi%t 3 0 tut Cuant et t0* '4 Dica.t t>g natie.c ane t.I eivut e. Cat lovevatt%t rom taCm C8'Tical tilwlbt matt 0 tir s

er.e e. a=9 t.* me mea. s

..ev%ACCI#Pditt uw. --

.so.,*.c w v%JCCl*fd8.1 'Ctat tal POINTS a'uD DaviDI tv tut huwet a of gestiCat I(tuthes matie a%;

i nowmo 08 810 f ut it CO*0 0t tiwa6 *0'% f l

3 cttg ewi%I tut asenope:Att Svwwas, nating s now twt Cossyt aseo.s T Asti et tow i

e AsssG6s f ut Avwwae v natihG S

• Cattainc 1.t P**o* aiati tot isi f ut sun.eaan y naties0 ILOCet cuant I

CO N vi a $80*s

{j'@

t.i.t wt '

fattg lyweiant satstec j

t. c i s...e.ic.t

.c..

.c e,

e,

.., w

.ii n o

a mi e.. e. a. s. s.t. i w..

] o.ovistasects,G g

3 70. e 00 1

370 388*

] totaC8ttgest 2

x 4

] 85 8VLLY SUCT.ttsf UL g

I 70 3 N '

] Mi%inf ALLY SUCCll&8UL 10 100 d

y 4

g

]U.VNaCCittatti

't8 Dail C# ie0st CelticaL t tt ut%f w e. ee ilmattD U.luwwaev Aafi%G uv5T St V

..t.

l ttp Quotithet TOTAL I4 4

3.50

+

. ~,........

/) Ehp%, h.

soldies 4.G.. t w.g.s v. s e

p-g.gg

'./

a

ChNELISF.

0 EN. SENIOR RESIDENT INSPECTOR. MAINE YANKEE f

~

7..

f........, 7 p.t.

i F5ULAb IDENT OFFICE ASSISTANT, MAINE YANKEE

/0/M[I DNE 4 t 60:4 4 Co wt.ft I

t s

)

l l

e M

y Jotm k. kL keman. J,-

Annm bes cerm cm mma,rr

$1 Af t: OF M AINr.

DEPARTMENT OF HUMAN SERVICES ALGUit A, M AINE. o43))

July 20, 1989 Mr. William Russell Regional Administrator Nuclear Regulatory Commission 475 Allendale Road King of Prussia, Pennsylvania 19406 Dear Mr. Rust.ellt In mid-June I was approached by Mr. Clough Toppan, Manager of the Radiation '*ontrol Program about a situation which has arisen regarding Mrs. Sydnty Paulkingham.

As you are aware, Mrs. Paulkingham is employed by both the state of Maine and the Nuclear Regulatory Commianlon in similar part-time clerical positions.

Under Mr. Toppan's control is the office of State Nuclear Inspector at Maine Yankee where Mrs. Pau1hingham works.

Mr. Toppan was instrumental in the hiring of Mrs. Paulkingham.

We both agreed that as a part-time employee for the Nuclear Regulat'ory Commission, she would be a very good candidate as secretary to Mr. Patrick Dostie, the State Nuclear Inspector.

Frankly, I was rather surprised that the NRC.found Mrs. Paulkingham's employment with the State of Maine a conflict of interest.

I have thoroughly read 10 CPR 0.735 40 and feel there to be no conflict of interest.

Any proceedings the Maine Attorney General may have had. in the past or inay have in the future would not even be remotely connected with Mrs. Faulkingham.

This issue can become very complicated as it is a serious topic.

My main objective' in writing to you is to express my sincere view that I believe Mrs. Faulkingham'*

employment in the Office of State Nuclear Inspector does not constitute a conflict of interest, especialy in the context of 10 CFR.

I would be most happy to discuss this further with you.

Very truly yours, w&uh Jp Donald C. Iloxie, P.E.

L$n

() { 1G Q

h Directot l

TV

" 'I

[

Division of flealth Engineering DCH/mc l

cct Cornelius Holden.

a

~./,

l TO:

Victor Stello l

Enecutive Director for Operations FROM:

Sydney FaulLinchem Site Clericel Aide Subj ect :

Empl oymt n t as a Part-Time IJRC Clerical Aide end e Fort-lime Secretary for the State Inupector at Maine Yenken.

I have been employed wi th t he NGC since October of 1906 as a vite necretary worFing twelve hours a week.

I find the Job interesting end challenging and have alwayn availed myself of opportunities Fuch ao counterpart meetings to Loep abreast of the changes and improvements.

I I have carried another job in conjunction with the NkC with a local hospital.

About 18 months ago a representative of the State approached no with an offer to wort for a new State Office, t he U111 ce 01 Nuclear Safet I informed my supervitar who in turn informed others of my opportunity.

The oiilte opened March of this year and I have been working with them since March 13.

i My duties at the NRC include filing, typing reports, inspection tracking. inputting inspection findings into data base for use with SALP. opening arid distributing the mail, and answering the telephone.

My supervisor han discussed / stressed the difference between public information end sensitive /predecisional information and limitatsons on discussing those i.suues.

I fully understand these requirements.

I In the State office I work for Patrick Dostie, State Inepector. who reports to Don Honie, Director of Health Engineering, via Clough i

Toppan, Manager of the Radiological Health Program.

This program falls under the State Dep6rtment of Human Services.

I work eighteen hours a week at 16.98 per hnur.

The State Inspector's office produces a monthly report which includes information received from environmental monitorn around the Maine Yankee facility and correlates this information with the reported Maine Yankee plant conditione.

My duties at the State office include printing dhily reports of the monitor readings, becking up the computer systems. opening the mail and answering the telephone.

Some other routine projects include pinpointing' on a wall map the locations of NRC end State TLD's and the. areas where Maine Yankee samples (air, water, milh etc.) are collected for future correlation.

This map will be used as an inf ormational source f or the public.

I am aware that. questions concerning conflict of ' interest have come up and in accordance with 10 CFR part O section 0.735 I am requesting your permission to continue NRC and state employment.

I have held the job wii the State f or f our months so I feel better equipped to assure you that tt does not present a conflict of interest for the following reasons:

UONb

/

,t>.

9 1.

The State and flRC in Maine and particularly the representativos of each organi ation at Maine Yankee have eHcellent communication and thuir goals are complimentary ( i. te. health and safety of the public).

My knowledge of NRC Regional organi:ation and the State Inspector's organization assist in providing good communlcation between thoste offices.

2.

The NRC reports consint mainly of safety and syntum inupections within the plant.

The Statn Inspectors reporta conuist mainly of of1-site monitoring of the environment.

Although the NRC and State Inspectors talk frequently of plant issues their, reports are f ocused on di f f ortent subjects in dif f erent areas.

3.

Doth of these organi:ations deal with the hoalth and safety of the Maine people.

They aru not of opposing sides.

Any opportunity to enhance the achievemen t of that und goal would seem worthy.

4.

In the time period I havu worked for both organizations there has not been a situation where sensitive information has been romotely discussed.

On a personal note, I havn never felt comfortable with nuclear power.

Working for the two organizations that{ onsure that t:hi s facility is run nafely, protecting the health and welfare of the public has been a sourco of pridu.for mo.

the peoplu that I work for in the NRC and the State Are ruspensible and dudicated people that inntill a securn feeling about a curious business.

I have boon lucky to work with such people, and would eppreciate the opportunity to remain a small part of it.

Thank you for your conuideration in this matter.

I appreciate the time you are taking to resolve it.

Sincerely.

Sydney Faulkingham l

e o

6 0

(,

O

'From Cornelius Holden. benior Runident inspector lia ine Yankno 10:

Victor Stello. E ptutive Director ro'r Og ut ations Via William Runeell. Rogional ndmintutrator Rugion 1 William Lenu. Director Division of Reactor Projects Jon Johnson. Chief Reactor Projects branch 3 Donald Haverkamp.

Reactor Projucts Section 3D Uubjt Employment of Sydney Faultingham as both en NRC Clerical Aide and a Part Time Secretary to the Stato Inspuctor at Mainu Yankne

1. Sydney Faultingham han worted as the NRC Resident inspector Clerical Aide for two and one half years. Approximately eighteen months ago the State bugen planning to assign a State inspector at Mainu Yanhoe and discussed with me the pounibility of Sydney working as a Part Time Secretary for the State Inspector. I discussed thin issue with the Region and we did,not identify any issue that would preclude her from working 1or both the NRC and the State. Sydney began working for the Stato in March, 1909. Since that time the Offico of General Counsel has determined that her outside employment may represent a potential conflict of interest. The basis for this j

determination het focuoud on.10 CFR Part 0 section 0.705-40.

2. Sydney has no innpoction duties as a clerical aido. She doen hot ma6 e technical decisions or interpret policy. It du difficult to imagine a scenario where working on a part time basis for two orgenitations with a common goal of health and safety of the public 4

could be pyrceived an a conflict of interests. Her dution as a secretary,for the State Inspector are similar to her NRC. clerical' aide duties typing, fil,ing, sorting mail and answering the telephone.

There may be an occasion when sensitive information would be accessible to Sydney in her position with the NRC. This sensitive inf ormation may include preliminary inspection findings, Office of Investigation (01) letters or predecisional enforcement matters. Since the State Inspector is invited to all NRC Inspection entrence and exit meetings, he also has access to preliminary inspection findings. He has been counseled. as has Sydney, that preliminary inwpection findings are not agency positions until they arn transmitted in an inspection report. Prolaminary inepection findings are not public information end. therefore, should not be discussed outnidn of the NRC office. Office of Investigetion reports or predocisional enforcement matters are typically not handled.by the Resident inopoctorn Uffice.

In the ovent thin information A nadiver t en t l y came to the resident *a office, Sydney has been counseled not to discuss thin information.

• hNMO b O )[)

?.49 0

T

~

6 c

'U. The Office of General Counsel has focused on 10 CFR Part 0 Section 0.735-40ie)(2)(viii) as the basis that Sydney's dual employmeint may present a conflict of interest. This section states, in part.

"a law firm or other organt:atton which is participating in an NRC proceeding or which regularly represents itself or clients before the NRC..."

would require the Executive i

^

Director for Operations (EDU) to approve of employment. The State is not currently involved in an NRC proceeding and does not routinely represent itself to the Commisulon. The State Attorney General has intervened in spent fuel pool proceedings in the early 1980's and is certainly not precluded from intervening in the future. Since the State Inspector reports to the Director of Hualth Engineering. there is no direct link to-the Attorney General's Office. If a situation arises th'at would pose a problem it is my belief it should be handled on a case by case basiy and not as a matter of policy 4.During her employment with the NRC, Sydney has proven to be a valuable. dedicated employee. Her 6 newledge of the l'kling and tracking systems and her unpertise on the personal computer contribute to an offective use of the short time she is authori:ed each week. Her assistance helps to insulate the Resident inspectors from the administrative workload and allow them to concentrate on their inspection duties. I have had experience supervising three other clerical aides and have wor 6ed with a great many more at other facilities. I believe Sydney is very capable of recogni:ing any situation that may be Considered sensktivP and bringing it to the attention of the NRC prior to it becoming a problem.

S.

I believe that the NRC has an oppor'tunity to enhance our communication with the State through Sydney. I3ecause she provides a common link between the officus there are more frequent opportunities to discuss issues with the State Inspector.

Throuah this informal but none the loss effactive method, Sydney's dual einploymen t contributos to o f ficient uue of inspector resources.

6.

For the above reasons. I believe that no con f lict of in terrm t entsts. In the event that the EDO determines otherwise. I believe it is in the best interest of the NRC to cc7 sider a one-time enemption while Sydney is employed by both the NRC and the State. All future clortcal aides would not be allowed to work for both the NRC and the-State if this arrangement with Sydney proves unworkable.

Cornelius F.

Holden. Jr.

e c/c

3. Faulkingham o

e

/

e me d,

[

8,,

UNITED STATES s

o NUCt. EAR MEOULATORY COMMIS$10N 4

REQloN 1 478 ALLENDALE ROAD KING OF PRUSSIA. PENNSYLVANIA 1940S March 15, 1990 hiEh10RANDUhi FOR: Sydney D. Paulkingham Resident Office Assistant hiaine Yankee Resident Office FROht:

William T. Russell, Regional Administrator Region 1

SUBJECT:

OUTSIDE Eh1PLOYhiENT WITH STATE INSPECTOR AT hiAINE YANKEE This memorandum is written in response to your letters dated hiarch 2, and 6,1990, in which you requested n 60 day extension of the time limit given to you to resolve the potential conflict of interest that exists from your dual employment at the hiaine Yankee Resident Office and with the hiaine State inspector's office.

As communicated to you in my memorandum of November 2,1989, I advised you that I would consider an extension of the April 1,1990 deadline if extenuating circumstances warranted. You have not provided me with any specific information that is sufficient to justify an extension, therefore I must deny your request. You are reminded that you still have until April 1,1990 to resolve this issue. Should you not resolve this matter by April 1,1990, then Region I will propose your removal from Federal service.

/b)0 William T. Russell Regional Administrator I

W Y

Y i

.'f

o 4

e lia r c h 2.

1990 los Jon Johnson From Sydney FaulLAngham

Subject:

DecatJon on positten at fleine Yenhec During our converta tion of He rc h 1.

1990 a t Heinc

'e cnl:te I gave you confusing inf et sation.

Your question was - is my decj elen to leave the IJRC.

I believe you left thinking the answer is yes - I am leaving.

lo clarify, thn ensuer is no, I am not leaving the llRC.

The reply I received from the F01A does not pertain to my ultuation.

Consequently 1 am not leaving the NRC.

My answer yes came f rom the thought that the fJRC may make me leave, but that I will not do so willingly.

I am neeking more information and will request that 1 be given 60 days extension to look into this.

I am sorry ior the confusion, it was my fau{t and 1 apologire, and thank you for t alt ing the time to talk with me, I appreciate that.

Sincerely

/tlM 4

S p'ydne F aul k i ng harf:

/

('

Cct CC. Mc Cak-

c. r Nr/d"t Y

L 0 O '+ W 3 ' ] O ' Q g n..

f

/ h[ge :s ogo

(,

UNITED STATES

~ ' t;,

NUCLEAR RECULAT3RY COMMISSIIN g

i RE0lON I I

e 4?l aLLENDALE ROAD

.i M

KING OF PRUSSIA. PENNSYLVANIA 19406 l

liarch 6.

1990 TO William 1.

Russell Regional Administrator Region 1 FROMt Sydney D. Faulkingham Resident Office Assistant Maine Yankee Resident Office Region 1 Subject Extencion of April 1,

1990 deadline to resolve potential conflict of interest.

I recently made a Freedom of Information Act (FOIA) request, a s.

advised by Leonard Carsley, Region I Personnel Officer, asking the basis for the potential conflict-of interest regarding my employment.

Although I have received a response to'the FOIA request, the interpretation of 10 CFR Part O which results in considering my outside employment with the State of Maine a potential conflict of interest has yet to be adequately provided.

f Therefore, I am requesting a 60 day extension of the April 1st deadline to enable me to pursue this matter further.

Thank you for your consideration of this request.

Sincerely, M.

d4 M

x4<

Sydney D. Faulkingham f

I k

i M

i

o

,>.1 '

January 18, 1990 US Huclear Regulatory Commission Division of Freedom of Information and Public Service Washington, D.C.

20555 Attn:

D. Crimaley

Dear Mr. Grimsley:

This is a request under the Freedom of Information Act.

I received a letter dated Hovember 2, 1989 from William T. Russell, Region I Regional Administrator concerning outside employment with the State Inspector at Maine Yankee.

This letter informed me that the Executive Director for Operationu had determined that my outside employment is a conflict of interest.

No explanation was given as to the basis of this-decision.

Since this action will result in loss of employment I am requesting the copies of the following documents:

1.

The rules, regulations or case law which formed the bases for i

determining that State Employment and NRC employment represents a conflict of interest.

These documents would be specific to.my request of July 24, 1989 (copy enclosed).

In order to help determine my status to assess fees, I am an employee of the Nuclear Regulatory Commission in Region I and am the Administrative Assistant for the Resident Inspsccor*s office at Maine Yankee.

I understand that I may be assessed fees to recover copying =

costs but no fees will be assessed for search or review of documents and that omall requests such as this are usually free.

Thank you for your consideration of this request.

p Si erely.

C ydne Faulkingha RFD#

Box 719 Wiseasset, ME 04578

( Hrme 1 207 802-7973 (Work) 207 862-7519

h[p*He%

1. g UNITED STATES a

NUCLEAR CEGULATORY COMMISSCN

, A 5 MtQlON I D,,'

• d?$ ALLENDAlt MOAD r

eee' KING OF PMUlllA. PENNSYLVANIA 19404 NOV eatus MEMORANDUM FOR:

Sydney 0, faulkingham Resident Office Assistant Maine Yankee Resident Office Region I FROM:

William T. Russell, Regional Administrator Region !

SUBJECT:

OUTSIDE EMPLOYMENT WITH STATE INSPECTOR AT MAINE YANKEE NRC regulations require advance approval of outside employment where a conflict of interest or potential conflict of interest exists. NRC Region !

management improperly advised you regarding your inquiry as to acceptability of outside employment. Based upon the Region I advice, you accepted outside employment.

Subsequently you were advised of the requirement to obtain approval of the Executive Of rector for Operations (E00) to continue your outside employment. On July 24, 1989 you requested, pursuant to 10 CFR Part 0 Section 0.735, the E00's approval to continue outside employment as a part-time secretary for the State inspector at Maine Yankee.

The Acting Executive Director for Operations, James H. Taylor, has determined that your outside employment as a part-time secretary for the State inspector at Maine Yankee is a confilet of interest, or could give the appearance that it is a confilet of Interest.

It is inappropriate for NRC employees to also work for state agencies which are involved in areas which NRC regulates, particularly when the same licensee is involved.

Because of the circumstances in your case, you will be given until April 1,1990, to resolve the conflict.

If extenuating circumstances warrant and with prior notice, I will consider an extension of this deaditne.

if you have not made a decision by the time specified above, I will propose your removal from your position at the Nuclear Regulatory Commission, in the interim, I trust that you are taking appropriate measures to ensure that a confilet of interest situation does not artse.

If you have any further questions pertaining to this matter, please call Len Carsley on fis 346-5352.

Qh$. N/Y*

William T. Russell Regional Administrator

.