ML20052A205
| ML20052A205 | |
| Person / Time | |
|---|---|
| Issue date: | 04/22/1982 |
| From: | Grosso A NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Barrett T AFFILIATION NOT ASSIGNED |
| References | |
| NUDOCS 8204280005 | |
| Download: ML20052A205 (1) | |
Text
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NRC Central April 22, 1982 ELD Rdr Rdg m
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Subject
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sso c ho gl Thomas F. Barrett III HECElVED T
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_3 4PR 27 Oakville, Washington 98568 "Ceminune!"8"
Dear fir. Barrett:
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On February 24, 1982, I wrote to you in response to your letters con y
cerning the Wallace Superior (W/S) Statement of Policy. At that time you received only a partial answer to your questions, because the issues involved were then under active discussion within the NRC.
I wrote that when the discussion had been concluded, I would then provide you with a 1
fuller answer to your questions.
That discussion is now complete. Af ter careful legal analysis, we have found that the present wording of the Policy Statement of W/S is inconsistent with the letter and spirit of the employee protections contained in Section 210 of the Energy Reorganization Act, as well as with the fundamental safety mandates of the NRC contained in the Atomic Energy Act.
It is critical that employees of licensees and their con-tractors are able to speak with NRC of ficials abouc possible quality control problems, without fear of any reprisals from their management and supervisors. The wording of the W/S Statement clearly has a chilling effect in this regard. Although licensees and their contractors definitely have a legitimate interest in the prompt reporting to manage-ment of any quality assurance problems for evaluation and correction, the W/S Statement goes beyond what would be an acceptable balance of the company's interest, on the one hand, and the free flow of infoma-tion to the Comission mandate by Section 210 of the Energy Reorgant-zation Act, on the other.
Although the NRC has no jurisdiction to enforce the employee protection remedies authorized ander Section 210, we are taking our own action, authorized by the public health and safety requirements of the Atomic Energy Act, to see to it that the W/S Statement is modified.
I hope that this letter, setting forth the views of the Office of the Executive Legal Director of the Staff of the NRC, answers your ques-tions.
If I can be of further assistance, please contact me at (301) 492-7104, or at the above address.
Sincerely, 820 428 @ S DESIGNATED ORIGINAL
/
Andrew Grosso 5
Staff Counsel certided By
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