ML20049J516

Requests That Gh Cunningham Cease Any Involvement in Proceedings to Avoid Appearance of Impropriety Due to Earlier Capacity as Assistant General Counsel for Energy R&D Administration

ML20049J516
Person / Time
Site:	Clinch River
Issue date:	03/11/1982
From:	Cochran T, Finamore B National Resources Defense Council
To:	Palladino N NRC COMMISSION (OCM)
References
NUDOCS 8203180299
Download: ML20049J516 (2)

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March 11, 1982 O E OJ 9 The Honorable Nunzio J. Palladino F Chairman, Nuclear Regulatory Commission 2 DCg,DD g t.e ,)f48J7kg:j [

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Re: Participation of Guy H. Cunningham, III, in the /f )

CRBR licensing proceedings q, .l 4

Dear Mr. Chairman:

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During the February 17 .982, Commission meeting regarding i l

the request for a 10 CFR 550.12 exemption for the Clinch River-  :

Breeder Reactor (CRBR) , a representative of the Natural Resources [

Defense Council noted that Guy H. Cunningham, III's present ..

i position at the NRC appears to present a conflict of interest with his earlier governmental duties relating to the CRBR.  ;

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Mr. Cunningham once held the position of Assistant General 1 Counsel for Litigation and Legislation for the Energy Pesearch -

and Development Administration'(ERDA)~, and in that capacf.ty f l

had participated in the CRBR' licensing proceedings since l May 17, 1976. While acting as' Assistant General Counsel for i

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' ERDA,.Mr. Cunningham submitted at least one brief co-signed by the attorney for Project Management Corporation (PMC) ,

, Mr. George Edgar. See. Applicant's Response to NRC Order

' Dated May 18, 1976, Docket No. 50-537, June 11, 1976. (Mr. 1 i Edgar is still representing PMC in the instant proceedings.)

t Mr. Cunningham is now Executive Legal Director at the NRC  !

I and in this capacity appears to be participating in the CRBR l

licensing proceedings.. For example, Mr. Cunningham was present at the February 12, 1982, Commission meeting on-the CRBR 550.12' exemption request, and presented NRC staff positions on such request. NRDC submits'that Mr. Cunningham is prohibited by

. applicable regulations from so participating.

NRDC bases this conclusion upon' Executive Order 11222,.

Civil Service regulations issued pursuant to this. Executive Order,1 and NRC regulations issued pursuant to t.hese Civil Service regulations.2 As shown by these regulations, the proscribed conduct consists of any action by an employee, whether or not specifically prohibited, which might result in or' create the appearance of preference, lack of impartiality or the loss of public confidence in the integrity of the 1/ 5 CFR 5735.201a (1982). #N

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10 CFR SSO.735 et seg. (1981).

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ita nw 4 00h Nunzio J. Pallcdino March 11, 1982 Page Two governmental process. NRDC asserts that the presence of Mr. Cunningham as an NRC representative / advisor in these proceedings creates a situation whereby violation of the noted' regulations is inherent.

This is not to cast aspersions upon Mr. Cunningham's charactef or ethical standards, and in fact it is not necessary to do so.'g The intent of an objective " appearance of impro-

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priety"_ standard as used in Executive Order 11222, 5 CFR S735, and'10 CFR S0.735 is to further the publicly perceived leg #.timacy of the governmental process, not just to root out ca'ses where an employee is in fact. acting in an unethical manner.

To avoid controversy, uncertainty, and potential liti-gation in future actions taken by the NRC during the CRBR licensing proceedings, and to conform to the letter and the spirit 3 of the applicable regulations, NRDC submits that Mr. Cunningham should cease.any involvement with the instant proceedings. We request that the NRC establish procedures whereby Mr. Cunningham is insulated from involvement with the CRBR licensing proceed.ings, including management activities with regard to any NRC personnel who are participating in review of the CRBR license application. We further request copies of such procedures as soon as they are established.

Very truly yours, Thomas B. Cochran, Ph.D.

w-Earbara A. Finamore, Esq.

l/ 10 CFR S0.735-2 (b) (1981).

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