ML20133N165
| ML20133N165 | |
| Person / Time | |
|---|---|
| Issue date: | 10/24/1989 |
| From: | Carr K NRC COMMISSION (OCM) |
| To: | Ward D NRC |
| References | |
| ACRS-GENERAL, NUDOCS 9701230183 | |
| Download: ML20133N165 (2) | |
Text
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CHAIRMAN OCT 2 41999 69ioDNW 5 f G w T.ful9i MEMOPANDUM FOR:
David A. Ward FROM:
Kenneth M. Carr
SUBJECT:
EXEMPTION UNDER 18 U.S.C. 208 (b) (1)
With the concurrence of the other Commissioners, I hereby grant you an exemption under 18 U.S.C. 208 (b) (1) permitting you to participate personally and substantially as A member of the Advisory Committee on Reactor Safeguards ( AC%S) in any particular matter which will have a direct and predictable effect on the Westinghouse Electric Corporation's commerc El nh' clear activities.
The exemption is effectlye for the remainde (Athin term will expire of your current term as a uember of the ACRS.
I understand that on November 4, 1992.
w The exemption is required because of the following facts:
You worked at the Department of Energy's SavanndW River Reactor Plant (SRPP) as a full-time employee until March 31, 1989.
Prior to your retirement from that position, arrangements were made for you to provide consulting services to SRRP management and to serve as chairman of the Savannah River Senior Advisory Panel beginning on April 1, 1989.
Individuals working at the plant are employees of the plant operator.
You began work at SRRP when the Plant was under the management of E.I. DuPont de Nemours & Co.
You were thus an employee of DuPont.
However, on April 1 of this year, the management of SRRP was assumed by the Westinghouse Savannah River Corporation (WSRC), a wholly-owned subsidiary of the Westinghouse Electric Corporation.
You thus became a Westinghouse consultant on April 1, 1989.
Section 208(a) of Title 18 of the United States Code prohibits a government employee, including a special government employee, from participating in any particular matter which would have a direct end predictable effect on any entity in which he, or an entity by which he is employed, has a financial interest.
While section 208(a) thus would prohibit you from taking part as an ACRS member in any particular matter which would have a direct and predictable effect on the Westinghouse Electric Corporation, you are expected to participate, as an ACRS member, in issues involving commercial 1 No waiver relating to your service on the Savannah River Senior Advisory Panel or to your other consulting services to SRRP 3
management will be granted for any period after the expiration of 7 {L your current term as an ACRS member.
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I nuclear reactors, including the review of standard designs for commercial nuclear reactor plants requiring NRC certification.
Some of these plants include Westinghouse nuclear steam supply systems.
However, section 208 (b) (1) provides that the employee may be J
exempted from the prohibition of section 208(a) upon a determination by the official responsible for the employce's appointment to his government position that the financial interest in a particular NRC matter affecting that interest is "not so substantial as to be deemed likely to affect the integrity of the services which the Government may expect from" the employee.
I am granting you an exemption under this provision because I believe that it is important, because of your substantive expertise, that you be permitted to participate, as an ACRS member, in natters involving Westinghouse Electric Corporation.
I understand that you will serve at the Savannah River Reactor Plant for no more than 45 days a year for the remainder of your current term as an ACRS member.
Because your retirement from full-time employment is relatively recent, it is difficult to assess, at this time, the relative relationship between your earnings from you SERP service and your total income.
However, I understand that the majority of your income will come from other sources.
Therefore, it is my determination that this interest is not so substantial as to be likely to affect the integrity of your services in matters affecting Westinghouse Electric Corporation that come before the ACRS.
In making the determination to grant this exemption, I have also taken into consideration the following:
WSRC has its own board of directors, makes its own hiring decicions, and receives its funds from the Department of Energy.
The change in management at SRRP was an unexpected event beyond your control.
The ACRS's advice is rendered in a forum governed by the Federal Advisory Comnittee Act's rules on openness and balance of membership.
I further note that in reviewing applications for Commicsion certification of standard designs, the ACRS will not be advising the Commission on a choice of the best from among a range of competitors, but rather will review all proffered standard designs against the same standcrds.
This exemption does not permit you to take part, as an ACRS member, in particular matters which have a direct and predictable effect on the WSRC itself during the period in which you are employed by the WSEC.
The Director of the Office of Government Ethics has stated that he does not object to NRC's granting this waiver.
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