ML20126C088
| ML20126C088 | |
| Person / Time | |
|---|---|
| Issue date: | 07/01/1975 |
| From: | Tucker E NRC OFFICE OF EQUAL EMPLOYMENT OPPORTUNITY |
| To: | |
| Shared Package | |
| ML111190297 | List: |
| References | |
| SECY-75-324, SECY-80-039, SECY-80-39, NUDOCS 8003260487 | |
| Download: ML20126C088 (7) | |
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Juiv 1, 1975 UMTED STATE.S SECY 3 2 4 WCWn AEGMcAY CCMSSiON COPY N0'. (
LIMITED DISTRI UTION IN!:ORMATiCN REPORT .
For: The Commission Thru: Executive Director for Operations l
Subject:
EQUAL EMPLOYMENT OPPORTUNITY RESPONSIBILITIES FOR NRC , !
LICENSEE FACILITIES Purcose: To inform the Comission of a proposed course of action by the NRC Office of Equal En ioyment Opportunity (EEO) in response to a Comission request for a future policy .
paper on the above subject (May 20, 1975 Commission -
Meeting) .
Issue: What role should NRC undertake to aid the ' implementation i
of Equal Employment Opportunity programs at NRC licensed facilities? ,
Discussion: The Office of Federal Contract Compliance (0FCC), Department of Labor, has responsibility for ensuring that government
'. - contractors comply with equal employment opportunity requirements pursuant to Executive Order 11246. OFCC cefines government contractor as any party with any agreement to provide a service to the government at a cost of 510,000 or more. OFCC considers electrical utilities to be govern-ment contractors, and the responsibility for monitoring compliance has been assigned to the General Services Administration. ,,
On June 5, NRC staff members met with staff members of 0FCC to obtain information regarding the compliance racerd in the equal employment opportunity area of the electrical utilities in general, and toe nuclear utilities in particular.
OFCC advised tnat elec rical utilities have contended tnat they are not government contractors and, therefore, not subject to CFCC equal empicyment opportunity regulations.
The utility cosition has bean that they are required oy i State and Feceral law to supply electrical energy to tne public. As far as the relati'Qnsnip with the government is l
concerned, neither party has a cnoice with respect to the l
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arrangamant and tharefore the utilities argue that'it does not constitute a consansual contract. In a recent court decision, ho'. lev 2r, (U.S. v. Mea Orleans Public Sarvice)
- tnis assartion was rojected.'~'~Ia vicu,of tais occisica, OFCC has dacidad to attecpt to resolve tna equal employent opportunity compiianca problan .titn eloctrical utilicies through confarenc2. Should those initiatives fail, the Department of Justica has agreed to institut2 legal pr.acaadings against individual utilities. ,
OFCC is of the opini5n that :iRC participation through an impler.enting M.1C regulation would be of assistance in connection witn their efforts as far as the nuclear utilitics are concarned. In this area, traditional government contract' remedie.s such as termination, debarment and suspension are not practical becausa the utiliti rs ara ganarally the sole sources of electrical energy available. .
OFCC has noted tiRC authority to impose civil penalties for violation of f!P.C regulations, and has suggested that should a liRC rule be establisned, this machanisa could possibly be used along with other sanctions (rafusal to grari construc-tion permits or operatw1icenses) to lend str2ngth to 0FCC l
. enfopcament of~equai E5;1oynent opportunity raquiraments.
0FCC was informed that it was not certain whether the Comission could legally,or would desire to, apply civil penalties for noncompliance with such a rula.
0FCC suggested that should MRC adopt a helping rule, the Commission may wish to utilize OFCC criteria for develop-mant of liceasea affirmative action plans and defar to G3A the responsibility for compliance reviews. The staff advisud that as an independant regalatory comission, URC uncer l any plan would hava to reserve a right to final review of any affirnative action plan required to be sulcitted by MRC li.ensees in ordar to assure that taare would oe no conflicts with licensing rc.quirements based upon radiological health and safety coasiderations (for exa@le, in the area of employmant of reactor operators licansad pursuant to 1-] CFR Part 56, or in the area of employment restriction based upon radiation dose limits imposed by 10 CF.1 Part 20).
The Court of Appeals for tne District of Coluubia Circuit .
in the case of ".MCP v. FPC on February 5,1975, vacated sl the FPC ordar disclaiming autho,rity to promulgate equal
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t . . ,, , L 6/ 26/_75... .. . . 6../.,[ / 7 6/y'. / 75 een MC 318 (Rcv. P 33) AICM 0240 W u. ei sovspausur painvine omcss sere.ase.see 3 . ..
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3 employment opportunity regulations covering employment practices of the industries wnicn it regulates, anc returned the matter to the F?C for further consideraticn.
This case is relevant to the cuestion of NRC autnority to promulgate general equal employment opportunity regulations.
In conversations oetween the staff of this office and officials of FPC, we have been informec that the F?C has submitted a petition for certiorari to the Supreme Court asking review of the cecision, (NAACp nas also filed a '
petition for certiorari). It is, therefore, the recom-mendation of the Office of Eaual Employment Opportunity that formal Commission consideration of the question of using NRC authority to aid in securing equal emoloyment opportunity compliance by the nuclear electrical utilities should be deferred pencing action oy the Court on tne petitions . In the meantime, the Office of Equal Employment Opportunity will maintain liaison with FPC and 0FCC, and secure timely information concerning the equal employment opportunity compliance status of electrical utilities with nuclear power facilities.
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- Coordination: Tne Executive Legal Director concurs in the recommendation of this paper.
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c6ard E. Tu'cker, Director l
$ 9ffice of Equal Employment i Opportuni ty i EContact:
l E. Tucker ;
Ext. 7697
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OFMCriAL UE GEY DISTRIBUTION COPY NO.
Secretary 1-5 Chairman Andars 6-9 Commi,ssioner Rowden 10-11 Commissioner Mason 12-14 Commissioner Gilinsky 15-16 Commissioner Kennedy 17 Exec. Dir. for Operations 18-19 Asst. Exec. Dir.'for Operations 20 -
3 qual Empicynen: Opportunity 21 Policy Evaluation 22 I
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OFFEiAL USE ONLY
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ENCLOSURE B a
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EfiCLOSURE.S llRC PROCEDURES CURREliTLY Ifi EFFECT FOR THE EriFORCEliEffi 0F TITLE VI 0F .THE CIVIL RIGHTS ACT OF 1954 TiRC regulations governing the enforcement of Title VI are found at 10 C.F.R. Part 4. Under Part 4, recipients of flRC-sponsored Federal financial assist ,
ante nJst furnish an assurance (usually in writing) thdt the liRC programs vhich constitute such assistance will be implemented without regard to the i race, color or natforal origin of the beneficiaries of such programs. (Sex discrimination is also prohibited under Part 4 as a result of Section 401 of the Energy Reorganization Act of 1974.) The furnishing of this assurance of copliance is a condition to NRC approval of the program; the recipient is obligated to comply with this assurance for the duration of the program.
Recipients are also required to furnish ccapliance reports and provide fiRC ,
I staff with access to its records to determine whether the program is being implemented in accordance with Part 4.
Participants, beneficiaries and other persons interested in the flRC-sponsored !
program cost be informed by the recipient of the benefits of such program, of the provisions and applicability of Part 4 to the Federally-assisted
- i program.
Part 4 provides for periodic flRC reviews of the practices of recipients to determine whether the regulations are being ccmplied with and to assure that
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< - 2-f no person, on the ground of sex, race, color or national origin, is excluded from participation in, is denied the benefits of, or is otherwise discrimi-nated against under any I4RC program which constitutes Federal financial assistance.
- l!P,C must receive and investigate complaints filed by persons who allege to a have been discrkinatad tgainst utider the progran'in questien. The flRC shall, in such cases, seek infomal resolution of the matter. If, however, :
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the' recipient remains in non-compliance, the 11RC may refer the matter to the l Department of Justice, or hold a hearing on the case following which the IIRC {
may issue an order suspending, teminating or refusing to grant Federal ;
i financial assistance to the recipient. However, before NRC can tenninate or ]
refuse to grant such assistance, Congress must receive 30 days notice of the
!1RC action.
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ENCLOSURE C
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