ML20058G482
| ML20058G482 | |
| Person / Time | |
|---|---|
| Issue date: | 10/19/1990 |
| From: | Taylor J NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | Glenn J SENATE, GOVERNMENTAL AFFAIRS |
| References | |
| CCS, NUDOCS 9011130203 | |
| Download: ML20058G482 (7) | |
Text
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UNITED STATES
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g NUCLEAR REGULATORY COMMISSION 3
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W ASHING TON, 0. C. 20666 r
October 19, 1990 The Honorable John Glenn, Chairman Committee on Governmental Affairs United States Senate Washington, DC 20510 f
Dear Mr. Chairman:
The Nuclear Regulatory Commission (NRC) is proposing to establish a formal system of records, NRC-6, Discrimination Cases. This is being established as a result of a review of its records system for tracking complaints filed with the Department of Labor (DOL) alleging violation of:Section 210 of the Energy Reorganization Act of 1974, as amended, which prohibits discrimination against whistleblowers with respect to the nuclear industry. This system is used by 4
the NRC Office of Enforcement to stay informed of investigations and decisions made by DOL with respect to allegations that relate directly to NRC concerns, s)ecifically, violations of relevant NRC regulations and the potential ~for a c11111ng effect on other persons who may report safety concerns as a result of the perceived climate of discrimination against whistleblowers.
To avoid duplicate effort and conserve Government resources, the NRC may use the DOL 4
investigatory information to take enforcement action without actually i
l conducting an investigation of its own.
A copy of the narrative statement and the proposed Federal Register Notice are enclosed. A copy of this report has been sent to the Office of Management and Budget, in accordance with the guidelines prescribed in OMB Circular No. A-130, dated December 24, 1985, as amended.
l For further information on the Federal Register Notice, please contact Donnie H. Grimsley, Director, Division of Freedom of Information and Publications Services, Office of Administration, Telephone: 492-7211.
t Sincerely, l
\\ _ _[,
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!T N.~Tay E cutive Di ector for Operations i
Enclosures:
t 1.
Narrative Statement 2.
Federal Register Notice cc: Senator William V. Roth, Jr.
202o3 90to2, XTASCllSCAN I hcESEEEE "C
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NARRATIVE STATEMENT The Nuclear Regulatory Commission is proposing to formally establish a j
Privacy Act System of Records notice:
NRC-6, Discrimination Cases--NRC.
1.
Purpose NRC-6 is being formally established to track complaints filed with the-Department of Labor (DOL) alleging violation of Section 210 of the Energy Reorganization Act of 1974, as amended, which prohibits discrimination against i
whistleblowers with respect to the nuclear industry.
This system is used by the f:RC Office of Enforcement to stay informed of investigations and decisions 1
made by the DOL with respect to allegations that relate directly to NRC concerns, s)ecifically, violations of relevant NRC regulations and the potential for a c11111ng effect on other persons who may_ report safetyLconcerns as a result of
?
the perceived climate of discrimination against whistleblowers.
To avoid duplicate effort and conserve Government resources, the NRC may use this DOL investigatory information to take enforcement action without actually conducting an investigation of its own, t
2.
Authority 42 U.S.C. 2201; 42 U.S.C. 2282; 42 U.S.C. 5851 (1982);
10 CFR 30.7, 40.7, 50.7, 60.9, 61.9, 70.7, 72.10.
l 3.
Potential effects on privacy of individuals 1
The formal establishment of NRC-6 is not intended to affect the privacy l
of individuals who have filed complaints with the DOL.
It should be noted i
that the DOL considers the identity of the. complainant and facts relative to the complaint to be public information, and this information would be subject to disclosure in response to a request filed pursuant to the Freedom of Information Act.
4.
Relationship to other branches of the Federal Government l
As stated above, the records that will be included in this system are those relating to, and provided by, the DOL, including copies of complaints correspondence between the parties, and decisions by D0L Area Directors, Administrative Law Judges, and the Secretary of Labor, f
i
2 5.
Protection of the information Even though information in this system of records is considered by the Department of Labor as a public record, to ensure that the integrity of the system is maintained, access to the information is limited to those persons whose official duties require that access.
Records at all locations are stored in hard copy and on computer disks, all of which are kept in a location that is protected by security guards and a keycard system.
6.
Compatibility with (a)(7) of the Act Each routine use described in the Federal Register notice supports the objective of the enforcement program:
to ensure safety and compliance with NRC regulations and conditions, to obtain prompt correction of violations, to deter future violations, and to encourage improvement of performance.
Consistent with these goals, the NRC intends to take. prompt and vigorous action whenever there is evidence that a licensee through its managers, is discriminating against individuals for raising safety concerns. To do this, the NRC needs day-to-day a cess to the DOL decisions concerning complaints filed by whistleblowers.
7.
OMB control numbers
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$4 0
UNITED STATES NUCLEAR REGULATORY COMMISSION i
.l WASHINGTON, D. C. 20666
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October 19, 1990 The Honorable John Conyers, Jr., Chairman Comittee on Government Operations United. States House of Representatives Washington, DC 20515
Dear Mr. Chairman:
The Nuclear Regulatory Commission (NRC) is proposing to establish a formal system of records, NRC-6, Discrimination Cases.
This is being established as a result of a review of its records system for tracking complaints filed with the Department of Labor (DOL) alleging violation of Section 210 of the Energy Reorganization Act of 1974, as amended which prohibits discrimination against whistleblowers with respect to'the nuclear industry.
This system is used by the NRC Office of Enforcement to stay informed of investigations and decisions made by DOL with respect to allegations that relate directly to NRC concerns, s)ecifically, violations of relevant NRC regulations and the potential for a c1111tng effect on other persons who may report safety concerns as a result of the perceived climate of discrimination against whistleblowers. To avoid duplicate effort and conserve Government resources, the NRC may use the DOL investigatory information to take enforcement action without actually conducting an investigation of its own.
A copy of the narrative statement and the proposed Federal Register notice are j
enclosed. A copy of this report has been sent to the Office of Management and Budget, in accordance with the guidelines prescribed in OMB Circular No.
i A-130, dated December 24, 1985, as amended..
For further information on the Federal Register Notice, please contact Director, Division of Freedom of Information and Publications DonnieH.GrimsleyfAdministration, Telephone:
J services, Office o 492-7211.
Sincerely,
?
Qa a s r
l ecutive D rector for Operations
Enclosures:
1.
Narrative Statement i
Federal Register Notice cc: Rep. Frank Horton i
l l
NARRATIVE STATEMENT
\\
The Nuclear Regulatory Commission is proposing to formally establish a Privacy Act System of Records notice:
NRC-6, Discrimination Cases--NRC.
1.
Purpose NRC-6 is being formally established to-track complaints filed with the Department of Labor (DOL) alleging violation of Section~210-of the Energy Reorganization Act of 1974, as amended, which prohibits discrimination against whistleblowers with respect to the nuclear industry. This system is used by the NRC Office of Enforcement'to stay informed of investigations and decisions-made by the DOL with respect to allegations that relate directly to NRC concerns, specifically, violations of relevant NRC regulations and the potential for a chilling effect on other persons who may report safety concerns as a result of the perceived climate of discrimination against whistleblowers. To avoid duplicate effort and conserve Government resources, the NRC may use this DOL investigatory information to take enforcement action without actually conducting j
an investigation of its"own.
2.
Authority 42 U.S.C. 2201; 42 U.S.C. 2282; 42 U.S.C. 5851 (1982); 10 CFR 30.7, 40.7, 50.7, 60.9, 61.9, 70.7, 72.10.
3.
Potential effects on privacy of individuals The formal establishment of NRC-6 is not intended to affect the privacy of individuals who have filed complaints with the 00L.
It should be noted that the DOL considers the identity of the complainant and facts relative to the complaint to be public information, and this information would be subject i
to disclosure in response to a request filed pursuant to the Freedom of Information Act.
4.
Relationship to other branches of the Federal Government As stated above, the records that will be included in this system are.
those relating to, and provided by, the DOL, including copies of complaints, correspondence between the parties, and decisions by DOL Area Directors, Administrative Law Judges, and the Secretary of Labor.
L
n 1
2-5.
Protection of the information Even though information in this system of records is considered by the to ensure that the integrity of the l
Department of Labor as a public record systemismaintained,accesstotheinformationislimitedtothosepersons whose official duties require that access.
Records at all locations are stored in hard copy and on computer disks, all of which are kept in a location that is protected by security guards and a keycard system.
6.
Compatibility with (a)(7) of the Act Each routine use described in the Federal Register notice supports the objective of the enforcement program:
to ensure safety and compliance with NRC regulations and conditions, to obtain prompt correctinn of violations, to deter future violations, and to encourage improvement of performance.
Consistent with these goals, the NRC intends to take prom)t and vigorous action whenever there is evidence that a licensee, throug1 its managers, is discriminating against individuals for raising safety concerns. To do this, the NRC needs day-to-day access to the 00L decisions concerning complaints filed by whistleblowers.
.7.
OMB control numbers None.
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CONGRESSIONAL CORAESPONDENCE SYS?!M DOCUMENT PREPARATION CMECat.9g This checklist is to be submitted with each document.(or group of Qs/As) seat for entering into the CCS.
BRIEF DESCRIPTION OF DOCUMENT (8)' ]
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TYPE OF DOCUMENT C
Beariage.(Qs/Ae).
3.
DOCUMENT CONTROL-Sensitive (NRC Caly)
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CONGAESSIONAL COMMITTER and SUBCOMMITTERS (if applicable)
Congressional' Committee Subcommittee t
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SUMECT CODES (a)
(b)
(e) s.
SOURCE OF DOCUMENTS (a)
Este (document'anse V
(b)
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(e)
Attaehmeate (d)
Rekey (e)
Other 7.
SYSTEM LOG DATES (a)
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'fd Date OCA esat dooument to CCS
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(b)
Date CCS receives dooument (e)
Date returned te OCA for additional information (4)
Date resubmitted by OCA to CCs-t (e)
Date entered-into CCS by-(f)
Date OCA motified that document is-in CCS 8.
COMMENTS GlYMb/Mt*/LYOhc r= l FlWC tt n NbW Cnv m vlHp k s dkwes i
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