ML20148E813
| ML20148E813 | |
| Person / Time | |
|---|---|
| Issue date: | 10/14/1980 |
| From: | NRC COMMISSION (OCM) |
| To: | |
| Shared Package | |
| ML20148E810 | List: |
| References | |
| REF-10CFR9.7 NUDOCS 8010300513 | |
| Download: ML20148E813 (8) | |
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UNITED STATES E
NUCLEAR REGULATORY CtsmMISSION i
g W AS HIN GTON, D.C. 20555
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l October 14, 1980 OFFICE OF THE l
i SECRETARY COMMISSION DETERMINATION REGARDING PUBLIC DISCLOSURE UNDER THE GOVERNMENT IN THE SUNSHINE ACT OF.
a Transcript of Budget Markup _
August 9, 1979 The Commis-ion previously determined that the subject transcript should be withheld from rablic oisclosure until the Commission's FY-81 Appropriation became law.
Following enactms ; into law of the Commission's FY-81 Approprietion, the Secretary of th
'ommission, upon the advice of the General Counsel, determined that the' subject.ranscript should be released in its entirety.
n C. Hoy e Acting Sechtary of the Commission l
l 8010 3 0 0Tl 3
+
NUCLE AR REGULATORY COMMISSION t
IN THE MATTER OF:
CLOSED MEETING BUDGET MARKUP SESSION
(.
Place. Washington, D. C.
1-7 Date Thursday, 9 August 1979 Pages k
T.i.ohen.:
(202)347 3700 ACE FF.DERAL REPORTERS. INC.
k-GffwialReponers 444 North Capitol Str:,et Washington, D.C. 20001 NATION'NIDE COVERAGE. DAll,Y
CR6372 '-
i 1
1 UNITED STATES OF AMERICA 2
NUCLEAR REGULATORY COMMISSION 3
CLOSED MEETING 4
5 SUDGET MAREUP SESSION 6
7 Room 1130 8
1717 H Street, N.W.
9 Washington, D.
C.
10 Thursday, 9 August 1979 11 The Commission met, pursuant to notice, at 12:00 noon.
12 '
BEFORE:
13 DR. JOSEPH M. HENDRIE, Chairman 14 VICTOR GILINSKY, Commissioner 15 RICHARD T. KENNEDY, Commissioner 16 PETER A. BRADFORD, Commissioner 17 JOHN F. AHEARNE, Commissioner 18 PRESENT:
19 L.
Gossick, T.
Engelhardt, and H.
Shapar.
20 21 22 23 24 tac.. odaal Reconen, Inc.
25
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i 372-01 01 T 'n 1
. CHAIRMAN HENORIE This will be a closed session.
2 Le t's go ahead.
Fire away, Howard.
3 MR. SHAPAR:
What I am requesting is that you
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4 increase the OELD's parsonnel ceiling for fiscal year;1960 on supplemental by two positions.
And our' ceiling for o
fiscal year 1981 to 105, f rom 100.
I will be very brief.
7 My o f f i c e --
o COMMISSIONER GILINSKY:
I am sorry.
I thought the 9
number was 105.
10 CHAIRMAN HENDRIE:
No, he's a t 95 now.
We said 11 t hr e e --
12 MR. SHAPAR:
Two in toe supplemental.
13 CHAIRMAN HENDRIE:
And three in '81, which is 14 halfway there.
15 COMMISSIONER GILINSKY:
I see.
Your mark was 1057 16 MR. GOSSICK:
Yes.
17 MR. SHAPAR:
I will be very brief.
The basis f or la my position is that my office has remained relatively stable 19 for the last f ew years, while the program has been 20 increasing and the a ssignments given to other of fices has 21 been increasing.
It is certainly not a one-on-one 22 relationship.
I don't pretend that it is as f ar as the 23 legal services we give for an increased program commenced by 24 o ther offices.
25 On the other hand, we have been paying a price.
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3 372 01 02' l
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I tie have not matched proportionately or near proportionately Y
2.
the increase s.tha t have been given to the programmatic 3
. offices.
I f rankly have taken a sor t of perverse. pride' in -
q 4-trying to manage my resources with wha t I have had, without c
striving to seek-large increases.
But the overtime 6
continues Et an alarming scale as f ar as I am concerned.
-7 And-in view of some of the new. assignments, some of the new 6
orablems tha t have to be solved, some of the new directions 9
that the Commission has taken, waste in terms of grievances 10 tha t are being nandled anc my administration and operation il section, in terms of UE0 complaints, in terms of increased 12 contracting activity, in terms of enforcement, in terms of 13 omergency planning, I don't f eel I have the staff for the 14 projected period to do the kind of a job I think you want me 15 to do.
i 16 So, on that basis, I am prepared to answer any 17 questions you may have.
But I would request a moest 18 incrc'se, in my opinion, of 99 supplemental f or '80 f rom 97, l
lY where it is now, and 105 ra ther than 100, total, for fiscal 20 year '81.
21 COMMISSIONER BRADFORD:
That would be four and 22 six.
23 MR. GOSSIC4:
Ri g h' 24 MR. SHAPAR:
Yes.
Lee referred to the f ac t we 25 were assuming when we prepared the budget that we would be
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a t 97, we 'would be going to t99.
.Tnat was in the Presiden't's 2
budget.
The official energy budget.
But when the budget 3
proce ss ended, we were at 95 rather than 97.
Wexare asking 4
that that be included.
I am'sorry.
5 COMMISSIONER 3RADFORD:
What has been the level in o
your office-for the last, say, three years?
~7 MR. SHAPAR:
It has been arounc 95, 93, 95.
Tha t d
area.
We are at 95 now.
9 COMMISSIONER KEhMEDY:
How many professionals?
10 MR. SHAPAR:
62 -- 65 pro f e ssionals.
l 11 MR. GOSSICK:
I.might a dd tha t in the past couple 12 of years because of a relatively constant turnover in i
13 Howard's shop., which is good, and delay in pipeline, in 14 filling it, I have allowed him to go over.
In o the r wo rd s,
15 to overhire Just enough to keep him up to strength.
I think 16 he's generally been able to do that but he's cuite right.
f 17 He has been very stable while all the re st of the activities j
i lo have increased.
I have watched the overtime.
i 19 COMMISSIONER GILINSKY:
Those are the numbers you
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20 recommended?
l l
21 MR. GOSSICK:
Yes.
l 22 COMMISSIONER GILINSKY:
99 and 105?
23 MR. GOSSICK:
Well, I recommended two in the i
24 supplemental along with the 3RG.
I should have.taken into 25 account tha fact that he had lost the two, you know, in the l
l
5 1
! 372:-01104 an.
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.congre ssional iac tion.
I went with 105 in '81.
2 COMMISSIONER AHEARNE:
Howard, what_is the split-3 that ycu are proposing between prof e ssionals ano t
~
4-non-proie ssionals in the increase?
5 MR.'SHAPAR:-
I t would be all prof essionals.
o COMMISSIONER AHEARNE:
Whe re is your overtime?-
Is 7
it primarily prof e ssional s?
6-MR. SHAPARt Primarily prof e ssionals.
That;is Y
common in legal officas.
There is 11,065 hours7.523148e-4 days <br />0.0181 hours <br />1.074735e-4 weeks <br />2.47325e-5 months <br /> f or June '73
'l 0 to June '79.
11 CO*41/.ISSIONER KENNEDY:
Part or : hat is because 12 they love their work.
13 MR. SHAPAR:
Part of it.
14 Cot 4MISSIONER BR ADFORD:
Do you nave a sense of how 15 long your average young lawyer co?.ing in stays?
Io MR. SHAPAR2 I -- do we have an average figure on 17 tnat?
16 MR. ENGLEMARDI The average figura is about 5.4 19 years, currently, rie have had a string of good f ortune in 20 the sense that we have had a number of our a ttorneys 21 remaining tie n us.
But the average runs about, at the-22
- moment, 5.4.
2:3 MR. SHAPAR:
I should say that, this may surprise 24-you, that I would prefer that the attrition rate were 25 nignar.
I view particularly the hearing sec tion as i
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6 372 01 05 3cn I
comparcale to a large U.S. a tterney's office.
Peopta come 2
in, get hearing experience, t he y wan t to try case s The one 3
thing : ns t I can off er them more enan a private la'<! rirm, 4
perhaps the biggest s9111ng poin t.
is quick responsibility 5
in teres of my manpower.
I have to do i t.
They get o
responsibility very quickly.
The way any U.S. a ttorney's 7
office works. tney come in for tha t pu r po s e, get their o
experienca, become available commodity in the marke t and 9
t he y n,c V e o u t.
I think it suits the organitation and it 10 sui ts Inet.
It i s a ha ppy me sh.
11 It is a little slow now.
Attri tion ha s been 12 higner and I wish it woulo remain higher.
13 COl.;MISSIONER BRADFORD:
I s tha t because there is 14 less or a marxet outside now for lawyers with nuclear 15 backgrcunc?
Io MR. SHAPAR:
I con't think so.
I think it is so 17 hard -- I tnink it is luck, neither good nor bad, but just la serencipity.
19 CHAIRMAN HENDRIE:
Fluc tuation in the -- one of 20 those una ssignable fluc tuations in the trend in personnel.
21 MR. SHAPAR:
My remarks were directed at the 22 hearing sec tion.
I don't f eel that way about the o ther 23 s ections, f or exam ple, the regulation section, Marty Mulch 24 and the contract section.
I want a stable workforce there.
i 25 COMMISSIONER AHEARNE:
Right now you are at 65 l
7 i
J'I2 Gi 06 aan I
prof e ssional, 30 non-prof e ssional.
You would propose t ha t 2
all ten of the people be prof e ssionals?
3 b:R. SHAPAR :
Yes.
Yes, I realize that you always 4
reacn a point of diminishing re turns i s
'ou keep adding 5
prof e ssionals anc can't nancle the admini stra ti ve --
o CO@,ISS IONEd AHEARNE:
No, no, I was just 7
CHAIRMAN HENDRIE:
I am going to vote for it.
u Col.tM I SS IGH ER KENilEDI :
I will Vota for it.
Y COMMI SS 10NER AHEARdE:
I guess I would have gone 10 to the 99 a 103.
il CHAIRMAd HEriDRIE:
Ali rignt, we hn v e s ana 103, 12 twa 99 and 105s.
13 COMMISSIONER GILIN5.<Y :
I gue ss I will vote for 14 i t.
15 COMMISSIONER 3RA0FORO:
't u.
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16 CHAIRMAri HENORIE:
fou nave got them, stoco.
At 17 lea st you have got them to tne extent of our absolutely 16 limiteo powers to provide.
19 MR. GOSSICK:
That i s t he only --
20 CHAIRaiAN HENDRIE:
'lle don't n eed the sa scion this 21 afternocn and I don't have any thing f or tnat reserva time 22 tomorrow.
23 (Pihe reu pon a t 12 : 10 p.:a.. the hearing us:
24 acJournec.)
25