ML20086M027
| ML20086M027 | |
| Person / Time | |
|---|---|
| Issue date: | 01/31/1984 |
| From: | NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | |
| References | |
| NUREG-BR-0075, NUREG-BR-75, NUDOCS 8402150496 | |
| Download: ML20086M027 (11) | |
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I g a [/ UNITED STATES .!.,)g/ } NUCLEAR REGULATORY COMMISSION WASHINGTON. O C. 20555 e January 20, 1984 MEMORANDUM FOR: Regional Administrators Office Directors l FROM: William J. Dircks Executive Director for Operations
SUBJECT:
FIELD POLICY MANUAL i Enclosed is the initial issue of the NRC Field Policy Manual (NUREG/BR-0075). This Manual has been created to provide policy and guidance to Regional Administrators on subjects that do not fall within the exclusive purview of one headquarters' office and do not currently warrant inclusion in the NRC t1anual. The Manual articulates broad policy to the extent that it needs to be consistent among regions and understood by headquarters' offices. Within each broad policy, Administrators retain the flexibility to exercise their prerogatives. Over the coming year, the Manual will be expanded by DEDROGR to cover other areas in which consistent policy is needed. During this expansion, DEDR0GR will develop administrative details on maintaining the Manual and may re-structure the Manual according to subject areas of individual policies. Any connents or suggestions that you may have on the fianual should be directed to Jim Sniezek. William J.'Dircks i Executive Director for Operations
Enclosure:
NRC Field Policy Manual cc: See next page i U[\\. r i l
s cc: V. Stello C. Norelius J. Sniezek R. Spessard P. G. Norry J. Hind G. Cunningham D. Dougherty L. Barry Regional Branch Chiefs J. Shea l G. Kerr l J. Heltemes l W. Kerr i D. Mausshardt E. Case T. Rehm E. Blackwood W. Durie R. Brcwn R. Cunningham R. Burnett R. Browning J. Funches D. Eisenhut R. Vollmer R. Mattson T. Speis H. Thompson J. Taylor J. Blaha J. Axelrad J. Partlow E. Jordan C. Thayer J. Allen R. Martin A. Davis P. Check B. Faulkenberry R. Ferri R. Starostecki T. Martin R. Lewis J. Olshinski 1 J. Stohr I R. Maley J. Gagliardo J. Bangart R. Smith W. Foster T. Bishop R. Scarano-K. Hamill
_... _.. _ _ _. _ _. _._ _ _ ~ -_ _ _. _ _ _ _ _ - _ _ _. _ ____ _ _ _ _ _.. _ _ 4' i l 4 l l i i i f NRC FIELD POLICY MANUAL The NRC Field Policy Manual provides policy and guidance to Regional Administrators from the E00. This Manual is a compilation of ED0 policies j that are intended to establish the necessary degree of consistency among regions in their operations. Guidance that accompanies each policy describes office interfaces, coordination and mangement practices that should be used in implementing the policy. l The Field Policy Manual will not duplicate material in the NRC Manual or l guidance documents from the NRC Headquarters' Offices such as the Inspection and Enforcement Manual. Regional Administrators are to follow the guidance of the Headquarters' Office Directors in implementing those portions of the i NRC programs that have been delegated to the regions. 1-f i F .) i i 1 4 1 i t 9
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j i Issue Date: j January 1,1984 i l l j FIELD POLICY MANUAL CONTENTS Policy No. Title Issue Date Page i 1 Comunication of Generic Requirements 1/1/84 1-1 to Reactor Licensees 2 Coordination with FBI / Department of 1/1/84 2-1 Justice 3 Regional Operating Plans 1/1/84 3-1, 2 l 4 Response to Private litigants and 1/1/84 4-1, 2 State Agencies Seeking Testimony 5 Board Notification 1/1/84 5-1 9 d 1 l f I l I ..-..,--,w, ,,. - - -, ~.,... ---,n,-- ..c-~ . > -.,,. - -, +, -,
Issue Date: O January 1,1984 J FIELD POLICY MANUAL NO. 1 - COMMUNICATION OF GENERIC REQUIREMENTS TO REACTOR LICENSEES Policy The Executive Director for Operations (ED0) shall control the number and nature of requirements placed by NRC on one or more classes of reactors. Guidance 1. Except for emergency actions, all new (subsequent to November 12,1981) requirements proposed to be imposed upon one or more classes of reactors should be submitted to the cognizant NRC Program Office for review and forwarding, if appropriate, to the Committee to Review Generic Requirements (CRGR). 2. When the Regional Administrator determines that emergency action (potential generic requirement) is needed to protect the health and safety of the public, the administrator need not seek prior review by fN the Program Office or CRGR. The region should promptly notify the '.(_,) Deputy (DEDROGR) and the appropriate program office director of any such Executive Director for Regional Operations and Generic Require-t ments emergency actions taken. These emergency actions will be reported to j the Commission by the DEDR0GR. I i Reference 1. A memorandum from the E00 to Office Directors and Regional Administrators, subject: " Procedures to Control Communications of Generic Requirements to Reactor Licensees" dated August 19, 1982. O' 1-1
Issue Date: January 1,1984 FIELD POLICY MANUAL NO. 2 - C0 ORDINATION WITH FBI / DEPARTMENT OF JUSTICE Policy The principal contact on matters involving the FBI /D0J will be the OI Field Office. Guidance 1. With the following exceptions, all contacts with the FBI /D0J will be referred to the OI Field Office: (a) Contacts made on internal security matters, including background investigations, should be reported to the Division of Security (NRC personnel, when contacted by FBI personnel on background investigation for security clearances, need not report such contacts). (b) Contacts made on threat, theft or sabotage at nuclear facilities p will be referred to the regional Information Assessment Team member who will notify NMSS. (c) Regional Administrator's contacts with FBI regional offices and other law enforcement agencies on general matters of NRC coordination, unless substantive matters concerning an 0I or FBI case are discussed. 2. OI will advise the Regional Administrators of matters of health and safety and will advise OIA of matters of conduct of NRC employees and contractors. Reference 1. A aemorandum from the EDO to Office Directors and Regional Administrators, subject: " Procedures in Dealing with FBI / Department of Justice" dated October 24, 1983 pV 2-1
Issue Date: ('~s January 1,1984 s FIELD POLICY MANUAL N0. 3 - REGIONAL OPERATING PLANS Police Annually, each Regional Administrator shall prepare a regional operating plan i that will show the major program activities expected to be accomplished in the region during the fiscal year. The plan will be used to convey expecta-tions, to establish accountability and to manage resources within budget. Guidance 1. The regional operating plan should be submitted to.the Executive Director for Operations (ED0) by September 30 of the previous fiscal year. 2. The following procedure applies to request from the program offices or the regions to change the allocation of resources identified in the regional operating plans: 4 /'~'s a. The program office and each regional office affected will strive to ( ,) agree on the reallocation of regional resources. b. If the proposed change affects the programs of more than one program office, the program office or region proposing the change will additionally seek agreement from those other program offices. c. If the best efforts of the Program Office Directors and the Regional Administrators result in disagreement, this should be brought to the attention of the EDO promptly. d. These procedures are to be used in conjunction _with existing agency requirements for staffing plans, reprogramming of funds and transfer of functions. e. When a cummulative change of more than 10% occurs in a decision unit during a fiscal year, the regions will modify their operating plans (and-the program offices will modify its programs). All such revisions will be sent to the EDO (Attention: DEDROGR). The DEDR0GR will inform the DEDO of the revisions. References ()s 1. A cemorandum from the ED0 to Office Directors and Regional ( Administrators, subject: " Regional Administrators' SES Contracts and Operating Plans" dated August 1,1983 3-1
2. A memorandum from the ED0 to Office Directors and Regional Administrators, subject: " Interoffice Coordination - Managing Regional Resources" dated December 19, 1983. 3. A memorandum from the ED0 to Office Directors and Regional Administrators, subject: " Unanticipated Transfer of Functions and Resource Adjustments" dated April 25, 1983. 4 A memorandum from E. Triner, RM to Directors Division of Resource Management and Administration, Regions I-V, subject: " Procedure for Revised Financial Plan and Allotment, dated December 14, 1983. 1 O. 1 0 3-2
Issue Date: January 1,1984 FIELD POLICY MANUAL N0. 4 - RESPONSE TO PRIVATE LITIGANTS AND STATE AGENCIES SEEKING TESTIMONY Policy Periodically, agency employees are contacted by private litigants or State agencies seeking testimony. Such testimony might seek information regarding the policy and procedures of the Commission. Often, inspectors are contacted seeking testimony related to inspections they have performed. While such testimony might not be compelled by law, it is the Commission's policy to respond to such requests in a responsible manner and assist the particular tribunal involved, unless such assistance would compromise the agency's mission, involve questions of privilege, or pose an undue burden upon the agency. Guidance 1. Inquiries of NRC employees by private litigants or State agencies seeking testimony should be directed to the Regional Counsel. 2. Following consultation with the Division of Regional Operations and Enforcement, OELD, appropriate referrals will be made to the Office of General Counsel. 3. The appropriate counsel will contact the requesting party, ascertain the circumstances which have given rise to the request, and will endeavor to negotiate with the requester to reduce the requester's demands to the-minimum necessary to serve the purposes of the parties to the litiga-tion. In some instances, properly certified agency records might substitute for the testimony of witnesses. In other instances, inter-rogatories or depositions could be arranged at the convenience of the witness to be used as evidence in the private or State proceeding. In general, reasonable requests for agency assistance in such proceedings will be honored. 4 In making a determination regarding the reasonableness of the request, counsel along with appropriate regional management will determine: (a) whether the request is appropriate under the rules of procedure governing the case or matter in which the request arose; (b) whether the testimony sought by the request is appropriate under the relevant substantive law concerning privilege; O (c) whether testimony responsive to the request would - 4-1
,.1 (i) violate a statute such as those involving Restricted Data, 42 U.S.C. 224 through 227, or a rule of procedure, such as the grand jury secrecy rule, F.R.Cr.P., Rule 6(e); (ii) violate a specific regulation; (iii) reveal classified information, unless appropriately declassified by the originating agency; (iv) reveal a confidential source or informant, unless the source or informant has no objection; (v) reveal investigatory records compiled for enforcement proceedings or disclosed investigative techniques and procedures, the effectiveness of which would thereby be impaired; (vi) reveal proprietary information; or (vii) place a substantial burden on the agency in the completion of its mission. 1 1 9 4-2
~ Issue Date: p January 1,1984 V FIELD POLICY MANUAL NO. 5 - BOARD NOTIFICATION Policy Beginning 30 days prior
- to the start of a hearing, the regional staff is under an obligation to keep Licensing Boards and Appeal Boards apprised of significant new developments in pending cases.
Guidance 1. In operating license and construction permit hearings, the obligation is to send new information relevant and material to safety or environmental issues to the Board regardless of the specific issues that have been placed in controversy. 2. In hearings on operating license amendments, Board Notifications will be limited to issues under consideration in the hearing. 3. Regional staff should keep apprised of the urrent hearing status n' O their plants, particularly when the hearing is scheduled to begin '( (consult Regional Counsel). 4. If significant new information is developed by or made known to the applicant, the responsiblity to report that information to the Boards or the Commission lies first with the applicant - if the applicant fails to notify, the regions should initiate appropriate board notification via the Division of Licensing, NRR.
- The rationale for this starting date is that any new information relevant and material to the proceeding which arises prior to that date will be addressed in the SER and other staff documents filed in the record of the case.
References:
1. A note to the ED0 from Guy H. Cunningham, III, ELD dated November 4, 1983 2. NRR Office Letter No. 19, Revision 2 att 2. (Requires NRR staff to provide recommendations for Board Notification, through his or her g management, to the Director of the Division of Licensing, NRR for transmission to the appropriate Boards.) 5-1}}