ML20136C119
| ML20136C119 | |
| Person / Time | |
|---|---|
| Issue date: | 11/24/1982 |
| From: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| To: | Fitzgerald J NRC OFFICE OF INVESTIGATIONS (OI) |
| Shared Package | |
| ML20136C034 | List: |
| References | |
| FOIA-85-101, REF-10CFR9.7 M821108A, NUDOCS 8511210027 | |
| Download: ML20136C119 (2) | |
Text
.[ T UNIT E D $TATEs IN R SPONSE, PLEASE
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- ...* November 24, 1982 OFFICE OF THE SECRETARY
- LIMITED DISTRIBUTION .
MEMORANDUM FOR: James A. Fitzgerald, Acting Director Office of Investigations 'i ,
FROM: Samuel J. Chilk, Secreta - /
SUBJECT:
STAFF REQUIREMENTS - DIS,C y SION OF OFFICE OF INVESTIGATIONS POLICY AND PROCEDURES (CONT'D),
10:00 A.M., MONDAY, NOVEMBER 8, 1982, COMMISSIONERS' CONFERENCE ROOM, D.C. OFFICE (CLOSED--EXEMPTION 2)
The Commission recuested that OI revise the investigative policies as discussed at the meeting for Commission consideration.
(OI) (SECY Suspense: 12/15/82)
The Commission agreed that OI policies shall recuire an affirmative vote by the Commissien to be effective and that OI Procedure Memoranda shall become effective if no adverse comments are made by the Commission within 10 working days of submission. If a Commissioner comments cn an OI Procedure Memorandum, SECY will poll the Commission te see if a majority of the Co==ission supports staying the effe::iveness of the procedure or a part of the procedure until it is resolved.
The Commission further agreed that those procedures already issued shall become effe ctive as of November 30 if there are no adverse comments from Commissioners. If any comments are received, SECY will poll the Commission in accordance with the above procedure.
b)
The Commission also agreed that OI should not proceed with any investigations of the Character / Suitability cf Licensees (see Attachment 6 to the June 17, 1982 OI memcrand =) without first coming to the Commission for guidance.
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cc: Chairman Palladino l Commissioner Gilinsky 8511210027 851107 I Commissioner Ahearne PDR FOIA l Commissioner Roberts VARRIC H85-101 PDR i Commissioner Asselstine !
Commission Staff Offices Enclosure 3
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Relatedly, on occasion, 01 may identify and refer criminal matters to the agency possessing the appropriate criminal jurisdiction only to have that agency decline to investigate. The issues appear to be (1) does the NRC have the authority to conduct criminal investigations, and (2) should the NRC conduct such criminal investigations under any circumstances. The answers to these questions affect OI in view of its responsibility for the coi1 duct of all
" external" investigations.
CHARACTER /5UITABILITY OF LICENSEES Although there does not appear to be NRC requirements that directly address the character of licensees (other than those associated with security access authorizations) there is a legitimate NRC interest in any aspect of a licensee's character that may affect his or her fitness for duty.
Unauthorized use of controlled substances j engaging in criminal activities involving a breech of trust (such as fraud), or active support or association with a terrorist group are also of interest to the NRC.
Whether NRC should investigate allegations of this nature may warrant a detailed discussion in a separate Commission paper.
RECORDS From time to time, allegers or other. persons providing information to the NRC either remove records from a licensee facility (or that'of a applicant, 4
permittee, or vendor) or make copies of such records. These persons subsequently provide the records or the copies to the NRC in order to substantiate allegations that they make. This has led to realization that the NRC needs to articulate policy in this area to balance the value of the evidence obtained in this manner with the legal ramifications of.either receiving stolen property (assuming that such records removal is in fact theft) or withholding the names of persons providing such records from either licensees or law enforcement officials. 01 recognized that this issue is potentially very controversial, but policy concerning it cannot be made in.
haste. Clearly there are some instances where the information in such records cannot be ignored if the records support allegations of serious violations of l
l 06/12/82 '0036.0.0 CP POLICY PROC QUALITY
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