ML20059D611

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Responds to Re Commission Reaffirmation of 900614 Memo Directing ACRS on Legal Advice.Acrs Remains Free to Raise Concerns W/Commission of Ofc of Govt Ethics Directly, as in Past
ML20059D611
Person / Time
Issue date: 08/01/1990
From: Carr K
NRC COMMISSION (OCM)
To:
Advisory Committee on Reactor Safeguards
References
ACRS-GENERAL, NUDOCS 9009070119
Download: ML20059D611 (1)


Text

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Oc UNITEb STATES NUCLEAR REGULATORY COMMISSION wAswiwoTow. o. c. 2osas CHAIRMAN MEMORANDUM FOR: Members of the Advisory Committee on Reactor Safeguares FROM:

Kenneth M. Carr

SUBJECT:

LEGAL SERVICES FOR THE ACRS Your letter of July 17, 1990, takes issue with the Commission's reaffirmation in my June 14 memorandum of the Comission's earlier airection that the Advisory Cctaittee obtkin all its legal advice from the Office of the General Counsel.

Your letter was apparently prompted by some notion that the Commission's direction inhibits the Advisory Comittee's " intellectual indeoendence" iri analyzing scientific ano technical matters within its purview.

You have misread the Commission's directive.

The Cosmission agrees with Chairman Michelson that the June 14 memorandum is not a challenge to the technical independence of the Cosaittee.

The Advisory Committee's duties in providing scientific and technical advice are statutorily defined by section 29 of the Atomic Energy Act and the additional delegation from the Commission under 10 CFR '1.13.

The Cosmission's memorandum does not and could not detract from those retponsibilitie. ;r otherwise prevent the Advisory Cosmittee from fulfilling its role.

In particular, the June 14 memorandum does not in any way direct or suggest a change in the way the Comittee seeks scie'itific and technical advice.

Moreover, although the memorandum directs thct, where the Committee is concerned about a legat interpretation it shoulo ask the General Counsel to consult with the Commission or the Office of Government Ethics on the matter, this direction is intended only to assure that the Comantee makes its concerns known to the General Counsel. The Committee remains free, in addition, to raise its concerns with the Comissien or OGE directly, as it has in the past.

The Comission expects that the Advi'sory 'Conmittee will-continue to provide us its best objective advice on the scientific and technical matters that come before it, in accordance with the provisions of.the Atomic Energy Act.

Kenneth M. Carr ic: Cosmissioner Rogers Cosmissioner Curtiss Commissioner Remick 06C E!y,

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'\\t 9009070119971 RES E PNU1