ML20045G762

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Federal Register Notice Re 920326 Public Meeting to Discuss Revised Organizational Conflicts of Interest Policy
ML20045G762
Person / Time
Issue date: 01/27/1992
From: Taylor J
NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To:
Shared Package
ML19351B492 List: ... further results
References
FRN-57FR61152, RULE-PR-48C20 AC01-2-068, AC1-2-68, NUDOCS 9307150139
Download: ML20045G762 (6)
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Text

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i NUCLEAR REGULATORY COMMISSION l

57 FR 4652 February 6, 1992 Organizational Conflicts of Interest; Meeting ACTION: Notice of public meeting.

SUMMARY

The Nuclear Regulatory Commission (NRC) will hold a public meeting to discuss its revised organizational Conflicts of Interest (COI) policy. A j

question and answer period will follow opening remarks and a discussion of the policy's provisions by NRC's contracting and legal staff.

DATES: The meeting will be held on March 26, 1992, from 9:30 a.m. to 3:30 p.m.

ADDRESSES: The meeting will be held in the Versailles I Room at the Holiday Inn Bethesda, 8120 Wisconsin Avenue, Bethesda, MD 20814.

FOR FURTHER INFORMATION CONTACTr Timothy F.

Hagan, Acting Director, Division of Contracts & Property Management, Office or A&ninistration, (301) 492-4347 or William H. Foster, Chief, Policy Branch, Division of Contracts & Property Management, Office of Administration, (301) 492-7348.

TEXT: SUPPLEMENTARY INFORMATION: On August 15, 1991, the Commission approved a revision to its COI policy. This revised policy will become a part of the NRC Acquisition Regulation (48 CFR chapter 20), when it is published in final form.

One major change from the provisions NRC policy was the limitation of COI restrictions to the relatively narrow scope'and shorter duration of individual task orders rather than the entire scope and term of the basic contract. The purpose of this change in COI policy is to enhance NRC's ability to obtain knowledgeable, experienced scientists and engineers who are working daily.in the real-life environment of the nuclear inGastry. The draft version of this rule was published in the Federal Register for public comment on October 2, 1989 (54 FR 40420).

Under the revised policy, NRC's right to disapprove work for others is limited to those instances in which NRC already has the contractor performing under a specific task order, or plans to do so. While the staff believes this revision will increase competition for NRC technical assistance ard research work, additional restrictions were recommended to (a) avoid the potential for unfair competitive advantage that could result if NRC contractors were permitted to market their services while working for NRC at a licensee site, I

and (b) ensure NRC contractors do not have divided financial interests while working at a licensee site. Therefore, the Commission also approved the following provision:

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y When the contractor performs work for the NRC under this contract at any NRC licensee or applicant site, the contractor shall neither solicit nor 1

perform work at the site or work in the same technical area for that licensee or applicant organization for a period commencing with the award of the task order or beginning of work on the site (if not a task order contract) and ending one year'after completion of all work under the associated task order, or last time at the site (if not a task order contract).

The NRC recognized that the above restriction may temporarily limit a firm's business activity with a licensee, but believes the protection of NRC from potential COI situations of this nature must be paramount. Further, the staff believes that, on balance, the revised policy relaxes the previous Col restrictions sufficiently to foster improved competition in the technical marketplace.

i Recently, however, two of NRC's major technical assistance and research contractors have expressed the view that the above COI provision was overly restrictive and would impede rather than enhance NRC's ability to increase

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competition in the technical assistance narketplace. Therefore, we invite all i

contractors and other interested parties to attend this meeting to provide their views on the practicality of complying with this COI provision or to provide alternatives that will achieve an equivalent level of COI protection.

Dated at Rockville, Maryland, this 27th day of January, 1992.

i For the Nuclear Regulatory Commission.

James M. Taylor, Executive Director for Operations.

[FR Doc. 92-2916 Filed 2-5-92; 8:45 am]

BILLING CODE 7590-01-M i

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- [3 NUCLEAR REGULATORY COMMISSION 57 FR 4652 I

February 6, 1992 Organizational Conflicts of Interest; Meeting ACTION : Notice of public meeting.

SUMMARY

The Nuclear Regulatory Commission (NRC) will hold a public meeting to discuss its revised organizational Conflicts of Interest (COI) policy. A question and answer period will follow opening remarks and a discussion of the policy's provisions by NRC's contracting and legal staff.

DATES: The meeting will be held on March 26, 1992, from 9:30 a.m. to 3:30 p.m.

ADDRESSES: The meeting will be held in the Versailles 1 Room at the Holiday Inn Bethesda, 8120 Wisconsin Avenue, Bethesda, MD 20814.

FOR FURTHER INFORMATION CONTACT: Timothy F.

Hagan, Acting Director, Division of Contracts & Property Management, Office of Administration, (301) 492-4347 or William H. Foster, Chief, Policy Branch, Division of Contracts & Property Management, Office of Administration, (301) 492-7348.

TEXT: SUPPLEMENTARY INFORMATION: On August 15, 1991, the Commission approved a revision to its COI policy. This revised policy will become a part of the NRC Acquisition Regulation (48 CFR chapter 20), when it is published in final form.

One major change from the provisions NRC policy was the limitation of COI restrictions to the relatively narrow scope and shorter duration of individual task orders rather than the entire scope and term of the basic contract. The purpose of this change in COI policy is to enhance NRC's ability to obtain knowledgeable, experienced scientists and engineers who are working daily in the real-life environment of the nuclear industry. The draf t version of this rule was published in the Federal Register for public comment on October 2, 1989 (54 FR 40420).

Under the revised policy, NRC's right to disapprove work for others is limited to those instances in which NRC already has the contractor performing under a specific task order, or plans to do so. While the staff believes this revision will increase competition for NRC technical assistance and research work, additional restrictions were recommended to (a) avoid the potential for unfair competitive advantage that could result if NRC contractors were permitted to market their services while working for NRC at a licensee site, and (b) ensure NRC contractors do not have divided financial interests while working at a licensee site. Therefore, the Commission also approved the following provision:

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When the contractor performs work for the NRC under this contract at any

-NRC licensee or applicant site, the contractor shall neither solicit nor perform work at.the site or work in the same technical area for that licensee or applicant organization for a period commencing with the award of the task order or beginning of work on the site (if not a task order contract) and ending one year after completion of all work under the associated task order, or last time at the site (if not a task order contract).

The NRC recognized that the above restriction may temporarily limit a firm's business activity with a licensee, but believes the protection of NRC from potential COI situations of this nature must be paramount. Further, the staff believes that, on balance, the revised policy relaxes the previous COI restrictions sufficiently to foster improved competition in the technical marketplace.

Recently, however, two of NRC's major technical assistance and research contractors have expressed the view that the above COI provision was overly restrictive and would impede rather than enhance NRC's ability to increase competition in the technical assistance marketplace. Therefore, we invite all contractors and other interested parties to attend this meeting to provide their views en the practicality of complying with this COI provision or to provide alternatives that will achieve an equivalent level of COI protection.

Dated at Rockville, Maryland, this 27th day of January, 1992.

For the Nuclear Regulatory Commission.

James M. Taylor, Executive Director for Operations.

[FR Doc. 92-2916 Filed 2-5-92; 8:45 am]

BILLING CODE 7590-01-M

E 4652-Federal Register / Vol. 57, No. 25 / Thursday. February 6,1992 / Notices mon W.

satisfy Type B testing requirements of 10 Agencies andPersons Consuhed SUPPLEWCMTARY #96cRMAno*c On CFR part 50, appendix j' August 15. m h Wssin

b. The C.ommission's staff reviewed the approved a revision to its COI policy.

censee e design and did not consult nie revised policy will become a part of Enviroturentollmpacts of the Pxposed Action other agencies or persons.

the NRC Acquisition Regulation (48 CFR ne proposed bemption subt.ti:u'es Finding of No Significant lepact chapter :0) when it is published in final I*

an alterr.ative testmg and replacement The Commission has determir.ed not program for the Type B testmg to prepare an enuronmentalimpact One major change from the provisions requirements of 10 CFR par 150, statement for the proposed bemption.

NRC pohey was the limitat on of COI restrictions to the relativel) narrow appendix J. The alternative testing Based upon the foregoing scope and shorter duration ofindividual program will detect beDows assembbes

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" 8 8 5'555 '"I-task o*ders rather than the entire scope with sigmf; cant flaws and resuit in Commission concludes that the replacement of flawed assemthes and term of the basic contract The PNP 8' 8 CU" 8 8 purpose of this change in COI policy is within one opereting cycle, dunng which o p tScante et u the psh of the to enhance NRC's abihty to obtain period there is reasonable assurance b ""8 " *i# "*"'

knowledgeable, experienced scientists that the bellows assemblies wi!! not For further details with respect to this and engineers w ho are workir;g daily in suffer excessive degradation. Trus. this acti n. see the Lcensee s letter of the real.hfe envuonment of the nucl ear Fa emption w!il not chcrse the wpes. or allow an merene in the amour s. of

. mber 12.1991. This doa.:mert is industry.ne dr.ft sers;on of this rule d

as ailable for pubhc intrettor. at the was pub!:shed in the Federal Re:;ister eMuents that rnav be released Jfs.te.

Cornmission's Fibbc Dummt Room.

  • >r would it result m an incrta-e m for pubhc comment on October 2.1E9 tne Cebn Bang. M L Rred E (54 yn 4g).

ndmdual or cumulative occupMional Washington. DC. at the Morns Pubhc t.'nder the revised policy. NRC's nght ridiation exposure herefore, he am W Mem Sum Wnis.

to disapprose work for others is hrn ted Commission concludes that there are no

!!!in is 6an50, and at the Daon Pubhc sigmficant radiological environme::tal to those instances in which NRC altrady 84

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  • irnpacts associated with the preposed I" E8 g '

has the contractor performing under a henption.

specific task order. or plant to do so.

With regard to potential Dated at Rockvdle Wr3 and. tias 30th da)

While the staff believes this revision oflanuary N will merease competitioe for NRC nonradiological impacts, the proposed hemption involves features located For the Nuclear FagJatory Com:mssion techmcal assistance anJ research work, entirely within restricted areas as Richan! J. Barrett.

additional restrictions were defined by 10 CW part 20. It dxs not Director. Pm/ccf Drectwtr IM Ansenf recommended to (a) evoid the potential affect nonradiological plant efLents Re et erwisIII//WV f r unfair competitive advantage that and has no other environmental impact.

[rR Doc. 924n5 Fded 2-W e 45 ern) could result tf NRC contractors were Therefore, the Commission concludes amo coot neo.a,_.

permitted to market their senices while that there are no significant working for NRC at a beensee site, and contadiolegical environmental in pacts (b) ensure NRC contractors do not have associated with the proposed Organizational Conflicts of Interest; divided financialinterests while hemption.

Meeting worung at a hcensee site.nerefore, the Commission also approved the following Alternativel'se ofResoufres Accecy: Nuclear Regulatory provision.

Comnission.

This acti$n does not insolve the use of When the motractor performs work for the ACTiom Notice of pubbc tnceting-NRC under this contract et any NRC bcensee any resources not previously considered m the l' anal bvironments] Statement or oppkant she. b cmtractor M mk suuuAny: ne Nuclear Pegulatory sobot nur p.sform work at the site or work in (construccon permit and operating Commission (NRC) will hold a public the same tecArucal area for that bcensee or license) for Dresden Nuclear Power meeting to discuss its tevised appbcant orgaciution for period Station. Units 1 and 2. dated November organizational Confucts of Interest wmmencmg with tra award of the task order 1973, and for Quad Cities Nuclear Power (COI) policy. A question and answer or bes nnes of work on the sia lif not a tash Station. Units 1 and 2. dated September period will foliow opening remarks and

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cornpletian of all work under the associated 1972.

a discussion of the policy's provisions task order, cr inst tune at the site (if not a Alternatis e to the Pwposed Action by NRC"e contracting and hgal staff.

usk order contract).

Since the Commission concluded that cATts: ne meeting will be held on ne NRC recognized that the above there are no significant environmental restriction may temporarily hmit a firm's pm impacts associated with the proposed business activity with a bcensee, but hemption, any afternatives with equal Acontssts-The meeting will be held in believes the protection of NRC frorn or greater environmental impact need the Versailles I Room at the Holiday Inn potential COI situations of this na'ture not be evaluated. The principaj Bethesda. 8120 Wisconsin Asenue, must be paramount Further, the staff alternathe to the bemption would be Bethesda. MD n14.

belieses that, on balance the revised to require rigid compliance with the son rirnTun intonuArioN CONTACT:

pobey relaxes the previous COI requirements of appendix J to 10 CFR Timothy F.11agan. Acting Directar.

restnctions sufficiently to foster part 50. Such action would not enhance Division of Contracts & Property improved con petition in the technical the protection of the environment and Management. Office of Admmistration, mark etplace, would reeult in unwarranted licensee (3(n) 492-4347 of William H. Foster.

Recently, however, two of NRC's 82penditures of engineering and Chief. Policy Branch. Division of major technical assistance and research construction resources. as well as Contracts & Property Management, contractors have expressed the view associated capital costs.

Office of Administration. (301) 492-7348.

that the above COI provision was overly 6 i..n

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Federal Register / Vol. 57, 5. 25 / Thursday. February C.1992 / Notices 4653

  • I re>tnrtive and would impede rather collection without any change in the by the self-regulatory organization. I'hr than enhance NEC's abihty to increase substance or in the method of collection. Commission it. publishing this notice to rompetitwn in the technical assistance (6) Frequency of response: On solicit comments on the proposed rule marketplace.Therefore, we invite all occasion.

change from interested persons.

cor:ractors and ether interested part:es (7) Scspondentse lndividuals or I. Self Regulatory Organization's to attend th:$ meeting to proside their households. Businesses or other for' Statement of the Terms of Substance of uews on the practical:t3 of complvmg profit the Proposed Rule Change w.th this COi prosision or to proside (81 Estimated annualnumber of thernatnes that will achieve an rerpondents: See justification titem 13)

The Exchange proposes to extend for equ: valent !cvel of COI protectmn-(9) Totclonnual responses: 1 tw elve rnonths its existmg pilot progra-Dased at Rod u! e. MaMand this ; th du (101 A verope time per msponse: See under Amex Rule 205 requiring execution of odd-lot market orders at jus hfication (item 13) c4 january.1p:

(1U Totolonnucl reporting hcurs:1.

the prevaihng Amex quote with no Fur the Lclear Regd.v) Cwr.russmn (12) Collectwn descriptan: The differential charged 5 The hchange hmes M Ta> tor.

Raf. road Retirement Board (RRBj received approval, on a pilot basis bearnearectorforOpe orans admmisters the Medicare program for expiring on February 8.1992 of amendments to Ames Rule 205.s p R Doc. 90-2916 Filed 24-918 45 aml ersons covered by the railroad swwe, em rsom retirement system.The collection will The text of the proposed rule change is available at the Office of the obtain the information needed by The.

POSTAL RATE COMMISSION Travelers Insurance Company, the Secretary. Amex. and at the Commission.

RRB's catrier, to pay claims for services Commission Visit and supplies covered under Part B of the gg. 5,1f. Regulatory Organization's pmram-Statement of the Purpose of, and pnwy at 1991 Statutor) Basis for, the Proposed Rule On February 6,1992. Cr mnussioner Additionalinformation or Comments N'

John W. Crutcher and Wdham Ferguson.

Copies of the proposed forms and in its fihng with the Commission. the Assistant Director. Technical Analysts r.upporting documents can be obtained Self-replatory organization included and Planning will visit the A-1 SORT's imm Dennis Eagan, the agency staternents concerning the purpose of focihty in M:ami. Florida. It is also clearance officer (312-751-4693).

possible, but not confirmed. that a sisit Comments regarding the information and basis for the proposed rule change wd: be made to an Arnerican bpress.

collection should be addressed to and discussed any comments it receive:-

on the pmposed rule change. The text o' l

Inc. f acihty m the same area on Kor.ald J llodapp. Railroad Retirement Board. 644 Rush Street. Chicago. Ilhnois these statements may be examined at l

Febmary L E A report of these visus wn] be on f.

the places Fpecif2ed in item IV below with the Commisson Docket Room. Flte W11 and the OMB review er. Laura The self regulatory organization has Oh s en (202-395-7316). Ofhce of further information contact Wdham Management and Budget, room 3002.

prepared summanes. set forth in sections A. B. and C below, of the mos' Ferguson at (202) 78wt50

.New beci.tne Ofhce Buddmg significant aspects of such staternents.

Charles 1. Cispp.

Washmpton, DC 20503 l

Denans Lassa.

A Self-Regulatary Orpnitation's 5

IVR Doc 9:-:n Fded :-5-9 e t5 a%

Ckcr nce O'fscer Statement cf the Pupese of. and p'R De % 904 Fded 24-9 8 45 am)

Statuto'y Basis for. the Proposed Ru!v

  • * ~ * * " ~ "

Change sii :wo roosai-e, l

RAILROAD RET 1REMENT BOARD

1. Purpose The Commission has approved. on a Agency Forms Submitted for OMB SECURITIES AND EXCHANGE pilot t,usis. amendments to bchange Redew COMMtSSION Ru'e 205 to require the execution of odd AGENCY: hadmad Reurement Durd

( Arease No. 34-30300 File No. SR-Ame n-1st market orders at the prevaihnc Arm 6 8M qucte wnh no odd-lot ddlerential. Theo ACTION: In atcordance with the F#

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'N l'aperwork Feducticm Act of Ivo 144 Self Regulatory Organt:ations; Filing Come on a pdot bad anu

)

U.S C. chapter 35). the F cimad and Order Granting Temporary 1.eureme.mt Board has submnted the Acce'erated Approval to Proposed fo!!ow mg proposel;s) for the collectior Rate ChanDe by Arnerican Stock of ir.farmation to the Office of Exchange,inc. Relating to a Pilot m' Ead"Er "ea* *:c'le'ated *PP'v"' d "

Management and Budget for review and program for Execution of Odd-Lot g,.,s,u,,ct.cae m ortler to atio. the pito4 propoud rue approval.

Market Orders

.,a:,,ru, on rebn.ary s. m2 o Summary of Proposal (s)

Janus 7 30.1991

""See Setwmes End:arate Act Release No l (1J Co//cetwn title Request for Putsuant to section 19(b)(1) of the t%m.ter a ter u n saw I.pronna rd N.

Medicare Payment.

Secunties behange Act of 1934 ("Act").

5b Amenan-30)

  • S" 9 "in Endanse Act Relem % W (2) Form /s! submitted G-740B. C-15 U.S C. 78s(b)(1). notice is hereby 4a tappuns N. w 740S. and HCFA-1500, gisen that on January 27.1992, the D'J,lQ 54 n ::

(3) OAfB Number! 322M131.

Arnerican Stock Exchange. Inc. ("Ame%"

  • See Sen.rmes Endese Act Relene Nos 2K.

(4) Espiration date of current 031B or " Exchange") filed with the Secunties (weber s.imi n n sr.co t prowna rde %

c!comnce:Three years from date of and bchange Commission SR-Amen-4n-lot :sna6 lMay s.1w1). se rR :4re

(=rpens Ne % sR-Amnwet mana OMB approval.

(" Commission") the proposed rule (5) Type of request: btension of the change as described in items 1.11 and 111

[p' 3' [ N,$ ": '3 %,', $ "3 $ 3 h "8

expiration date of a cu rently apprmed below, which :tems have been prepared nza t.pmrs rii, % sp-Amen a-m i

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