ML20148H730
| ML20148H730 | |
| Person / Time | |
|---|---|
| Issue date: | 11/10/1980 |
| From: | Bickwit L NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | |
| Shared Package | |
| ML20148H737 | List: |
| References | |
| TASK-CA, TASK-SE SECY-80-497, NUDOCS 8011190612 | |
| Download: ML20148H730 (24) | |
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SECY-80-497 November 10,1980 ga g a
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COMMISSIONER ACTION y ?3f L (d
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4 2 For The Commissioners .
h d ai j" From: Leonard Bickwit, Jr. ~ j-General Counsel ..,
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Edward Hanrahan, Director Office of Policy Evaluation !
Subject:
REVIBf OF DELEGATIONS OF AUTHORITY AND OTHER DOCUMENTATION
Purpose:
To report results of OGC/ OPE review of Commission delegations' of authority with respect to whether changes are required by Reorganization Plan No. 1 of 1980.
Discussion: The Chairman's September 29, 19 80 memo-i randum noted the potential effects of the Reorganization Plan on delegations of authority and internal procedures and documents, and directed OGC/ OPE to review Commission delegations of authority to the offices reporting to the Commission and prepare revised delegations as -
appropriate for Commission review. The major change required by the Reorganization Plan in this area is that the Commission delegate authority to the heads of such offices to i appoint, remove and supervise their respective j staffs. This change has been implemented '
by NRC Manual Bulletin No. 4108-52, and thus, no further Commission action is called for. l The Plan's requirement that delegations of -'
Commission functions be "through the Chairman" does not apply to delegations to Commission- I level offices and also necessitates no internal change with respect to these of fices. .
CONTACT:
C .W . Reamer, OGC *SECY NOTE: This paper is identical to advance copies 634-1493 which were distributed to Commission offices on November 7, 1980.
THIS DOCUMENT CONTAINS P0OR QUAUTY PAGES 80111,9O &
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The Commissioners 2 The only remaining question of possible importance is whether the Plan's transfer of _
functions necessitates an. elimination of existing specific Commission assignments of functions to the offices concerned based on a I theory that the Commission cannot delegate !
matters which have been transferred to the Chairman and which are no longer Commission '
l functions. In our judgment, no delegation or repeal of existing delegations to these 1 offices is called for. It may fairly be concluded from the Plan and its legislative history that most of the functions assigned to the offices reporting to the Commission "are concerned with" the Commission functions of policymaking, rulemaking and adjudication.
The related provisions in the Plan daat these offices report to the full Comnission, and that the office heads are appointed only with the approval of the Commission, reflect the Commission-related character of the role of the offices and the functions assigned to th em . The relationship of the offices to the full Commission is demonstrated further by statements in the President's message to the Congress and by Mr. Wellford's testimony before the Senate Committee on Governmental Affairs, which characterized the offices as providing " direct assistance" and "close support" in the Commission's work. Of course, neither the President nor the Congress explicitly found that each of the functions assigned to the offices was " concerned with" Commission functions. However, their general statements on the subject suggest daat any function assigned to the offices should not be deemed affected by the Plan's transfer of functions if the function directly supports the full Commission in its collegial work or is reasonably related daereto.
We have reviewed the present assignments and delegations to the offices reporting to the Commission, and we believe that all functions .
residing in these offices satisfy the test set out in the preceding paragraph. Our analysis of the functions assigned to OGC concerning conflicts of interest is illustrative.
While these functions have a quasi-administrative I
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l character, they are reasonably related . to.
Commission functions because they ultimately - _.
address the qualifications and restrictions l that pertain to personnel who directly support !
the . commission's work and who perform. Commission -!
functions. . Many of the decisions concerned 1 with this subject as it relates to personnel of the . Commission, the adjudicatory boards t and the ACRS 'ought not to be made by the EDO, but could be so made if conflict of interest matters were treated as administrative functions. With respect to personnel reporting to the Chairman or the EDO, the relationship !
of conflict of interest functions to the '!
Commission's work is different because such !
personnel do not support the performance of :
Commission functions. However, the need for !
uniformity in conflicts of interest advice I and. determinations, through a single counselor ;
and decisionmaker, reasonably supports the l view that conflict of interest functions l should reside in a single office and thus are !
reasonably related. !
i Inasmuch as the - functions assigned to the offices conc,erned _ are not administrative j functions, the audnority of the EDO, under ;
the supervision of the Chairman, is unaffected !
I by these assignments, and the EDO remains free to define and provide for the administrative functions of the agency, subject to the controls and ~1 imitations contained in the ,
Plan. A degree of overlap may arise between {
the functions assigned by the Commission to 9 the Commission-level offices and the functions assigned by the Plan to the EDO. A conflict arising from a duplication of functions would ,
present the question of whether a matter was t for the Commission or the Chairman /EDO, which would be subject to a determination by majority vote of the Commission. l n
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, The Commiesioners 4 Recommendations: Conclude, on the basis of the OGC/ OPE ~
review of Commission delegations of authority with. respect to whether changes are required by Reorganization Plan No. 1 of 1980, that no revisions of the delegations are called for at this time. ,
(' . 0,. -Q- S. ',,
~q n Leonard Bickwit, Jr.*
General Counsel
& '1-Y Edward lanrah an, Director Office of Policy Evaluation Attachments :
- 1. Relevant Sections of the Manual of the Nuclear Regulatory Commission
- 2. List of Sections of title 10, Code of Federal Regulations, delegating authority to Commission-level offices, boards and Committees 3.. Miscellaneous letter delegations Commissioners' coments should be provided directly to the Office of the Secretary by c.o.b. Tuesday, November 25, 1980.
Comission Staff Office comments, if any, should be submitted to the Commissioners NLT November 18, 1980, with an information copy to the Office of the Secretary.
If the paper is of such a nature that it requires additional time for analytical review and comment, the Commissioners and the Secretariat should be apprised of when comments may be expected.
1 DISTRIBUTION Commissioners i Commission Staff Offices Exec Dir for Operations Secretariat
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O. S. NUCLEAR REGULATORY COMMISSION b bEC MANUAL h:-
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1: ::& P l Volurne: 0000 General Administration NRC 0105-01 SECY g Port 0100 Organization
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CHAPTER 0105 ORGANIZATION AND FUNCTIONS OFFICE OF THE SECRETARY OF THE COMMISSION 010 5-01 SUPERVISION 027 maintains liaison for certain boards and committees reporting directly to the Commission.
l} der the supervision of the Secretory of the Commission, who reports to the Commission. 028 provides services relating to the functions of the NRC Federal Advisory Committee 0105-02 FUNCTIONS Monogement Officer.
Development of policies and procedures to provide: 029 coordinates activities related to (a) complete secretoriot services required for the Privocy Act and Freedom of Information Act discharge of the Commission's roles and missions (FOIA) requests for Commission documents.
. ond implementation of Commission decisions; and :crrespondence, and other literature. .
(b) advice and assistance to the Commission, offices reporting directly to the Commission, the 0210 operates a reproduction and distribution Executive Director for Operations and his facility, subordinate of fi:es on the scheduling and conduct of Commission business. Specifically, the Office: 0211 plans and directs the NRC Historleal Program.
021 records Commission meetings.
0212 maintains o classified document control 022 plans, directs and administers the NRC system for Commissioners and offices reporting to Commission Paper system. the Commission. -
g 023 plans, directs and administers the NRC 0213 provides personnel, administrative and Public Document Room. logisticol support services to the Commission and D other Commission. level activitles. 1 plans, directs and operates the I 02t*
Commission Correspondence and Records facility O!05-03 DELEGATION OF AUTHORITY TO one o consolidated mall facility for Commission. THE SECRETARY OF THE 1 level octivities. COMMISSION '.
i 1
025 maintains the official docket of the The Secretary of the Commission is authorized and Commission, directed to
......N 026 coordinates protocol octivities et 031 take such action as is necessory to "
Commission level. carry out the functions assigned by this or other -
Approved: Jonvory ll,1977 i
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- , , We ORGANIZATION AND FUNCTIONS ? 9 NRC-Ol05-032 OFFICE OF THE SECRETARY OF TFE COMMISSION h cfficiot NRC directives or communications, subject 035 when briefs, motsons or other papers to the limitations prescribed therein. (Delegations are submitted, in odjudicatory or rulemoking EI "
of authority for specific octions and applicable proceedings, to the Commission itself, os opposed limitations are contained in monvol chopters or to officers who have been delegated authority to other directives covemg specific subjects. In oct for the Commission, tot oddition, delegations of authority for actions not within the scope of other monvol chapters or other o. prescribe schedules for the filing of directives are given in succeeding parogrophs in briefs, motions, or other pleadings, .,
this section.) where such schedules moy differ from those elsewhere prescribed in 10 CFR 032 serve os the custodion of the official Port 2, or 10 CFR Port 2 does not seol of the Commission with authority to use or prescribe o schedule.
rnoke available said seal whenever necessary or proper. b. rule on motions for extension of time. -
033 serve os the NRC Federal Advisory c. reject motions, briefs, pleadings, and Committee Monogement Officer onds other documents filed with the Com.
mission later than the time prescribed
- c. sign all notices for publication in the by the Secretary or established by on Federal Register announcing the time order, rule, or regulation of the Com-and location of Advisory Committee mission unless good cause is shown for meetings. the late filing.
L:
- b. determine on the basis of Information d. prewribe all procedural arrangements supplied by advisory committees and relating to any oral orgument to be held -
review by the General Counsel whether before the Commission.
meetings should be open, closed,,or portially closed. 036 take such odministrative oction as is necessary to carry out the provisions of the
- c. ossist the Commission in conducting the Government in the Sunshine Act, to include onnual comprehensive review of preporation of an onnvoi octivities report to the advisory committees and provide the Congress. ,.
OMB Committee Secretoriot with reports os required by the Federal 0105-04 REDELEGATION OF AUTHORITY BY Advisory Committee Act. THE SECRETARY OF THE COMMISSION 034 sign all notices @ proved by the Com.
mlssion for public issvonce through the Federal E The Secretary of the Commission may, except Register, and sign all notices of petitions for where expressly prohibited, redelegote to others rulemaking forwarded for publication in the outhority delegated to him by this or other official Federal Register. directives or communications, subject to the @
limitations stated below and to such other stipulations as he may deem necessary.
Approved: Jonvory il,1977
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ORGANIZATlON AND FUNCTlONS OFFICE OF THE SECRETARY OF THE COMMISSION rNC-0105-041
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b[S 041 such redelegations must be mode in 0105-06 ORGANIZATION STRUCTURE AND hI writing, and a copy filed with the Commission. INTERNAL ASSIGNMENTS [ ) l!! ! 042 the Secretary of the Commission must Organization chart showing internal organization of ,
$l stipulate any limitotions on further redelegation of the Office and a statement of functions of the outhority which he redeletes, subdivisions of the office ore issued as Appendix j.9
' 0105, Ports I and !!.
0105-05 DELEGATION OF AUTHORITY TO
.;;E.ii THE ASSISTANT SECRETARY OF THE COMMISSION The Assistant Secretary of the Commission is authorized md directed to oct in the stead of the .
Secretary of the Commission during the lotter's obsence. i tn I W 8 e
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Approved: January ll,1977 l I
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. U.S. NUCLEAR REGULATORY COMMISSION cii.+
NRC MANUAL Volume:0000 General Administration bRC 0106-01 Port: 010 0 Organization ASLBP ...- CHAPTER 0106 ORGANIZATICN AND FUNCTIONS ATOMIC SAFETY AW LICENSING BOARD PAfEL 0106-01 ATOMIC SAFETY Af0 LICENSING f. ' octs os spokesman ' for the Panel in ,, N BOARD PANEL matters relating to its activities and E 'fiS those of Boards. Oil Supervision. E
- g. informs the Panel of Commission poli-Under the supervision of a Chairman, who is cies and procedures offecting the con-oppointed by ed morts to the Commission. &ct of the Boards'octivities.
012 Functions and Authorities of the Choirmon. h. serves from time to time os o member of on Atomic Safety and Licensing Coo dination of the activities of the Panel, wl.:ct. Bo rd. . is co voosed of menters oppointed by the Com- -
- 1. ti s to h h missio3 who separately are designated to serve on mission relating to licensing, inspection, individual Atomic Safety md Licensing Boards (see compliance, and enforcement proce- -
02, below) and performance of related functions. ' dures, policies, and practices os may be Specifically, the Chol mons o ropriate in light of experience on hearing Boards in presiding over odjudi-
- c. develops and implements the necessary f.[
pre y policies and procedures to ocure the t 1. expeditious conduct of the Panel's J. monitors developments in adminis-trative low md procedure crising out of
- b. coordinates md supervises tv tisities of . the activities, reports, and decisions of the Eoords, odministrative ogencies, courts, legal writers, the Administrative Conference
- c. ossigns Panel members to serve on of the United States, and state and Boards. local agencies, and informs all members ,
of the Panel on a current basis. F
- d. recommends new members of the Panel for oppointment by the Commission, k. molntoins liaison with the Chief Admin-ll istrative Law Judges of the regulatory l~
ogmcies, the Conference of Adminis-e, develops policies and procedures appli- trative Low Judges, and the . Civil , cable to the activities of various heor- Service Commission Office of Adminis-ing Boards and as oppropriate makes trntive Low Judges, or.d informs mem-reccmmendations to the Commission bers of the Peel of matters relating to _ relating to the conduct of hearings, the rol- of hearing officers and the =: hearing procedures, and policles for the conduct of hearings and developments guidance of the Boards, including meth- in admir trative process. ods of achieving improved regulatory efficiency. Approved: December 19, 1975
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4 4- .. EB!:: ORGANIZ'ATION Ato FUNCTIONS 5 - k ' NRC 0106-013 ATOMIC SAFETY AND LICENSING BOARD PANEL (lll 9
- l. develops e educational and trotning 044 Functions and Authorities of the Executive ,
and orientation program for Panel Secretary.
- members on . an in-house basis and .g
- o. ossists and odvises the Chairman in through facilities ovallable. In other ogencies or organizations, in order to facilitating administrative processes identify and promote opportunities for ar.d in coordinating the octhities of the odvanced professional educaton and - Atomic Safety and Licens!ng ' Boards.
orientation. .
- b. serves from time to time os a member Ee 4
- m. develops summories of new technical of_ on Atomic Safety and Licensing developments, inforrrntion, and guld. Boord.
oncu materials for distribution to mem- < bers of the Panel on a current basis. c. performs such other duties os may be assigned by the Chairmon. ,
- n. octs for a hearing Board on opp!!cotlons for subpoenos under the circumstances 0106-02 ATOMIC SAFETY Ato LICENSING z described in 10 CFR 2.720(o)I consults BOARDS y with a hearing Board in rnotters arising j under the circumstances described in 10 0 21 Membership. ;
CFR 2.719(c). (:: Each Atomic Sofety and Licensing Board is ccen- j
- o. performs such other functions os may posed of three members selected from the mem- ~j be assigned by the Commission. bets of the Atomic Sofety and Licensing Board Panel. One member shall be qualified in the conduct of odministrative proceedings and two 013 Functions end Authotitles of the Vice .
Chairmon. shall possess technicci or other qualifbotions { 1 deemed oppropriate for the issues to be docided. i ..? 5 The Vice Chairman, oppointed by the Commission: 022 Functions, q
- o. octs for the Choirrnon in his obsence, ]
performing all the duties and exercising The Boards conduct such hearings os the Commis- ed cll the powers of that position. sion moy authorize or direct, make such inter. , ") mediate or final dectslons as the Commission nmy ;
- b. serves from time to time os a member authorize in proceedings to grant, susperd, revoke, of an Atomie Safety and Licensing or amend licenses or authorizations, and perform r% ord. such other regulatory functions os the Co,nmission .
deems oppropriate. j
- c. perfcrms such other duties as rnoy be ("'
assyned by the Chairman. =- i:::
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i Approved: December 19,1975 l,: p:.
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( , LQ rn;r < t;;:. ORGANIZATION AND FUNCTIONS ATOMIC SAFETY AND LICENSING BOARD PAEL MRC 0106-03 023 Authority. ,034 Redeleootion of Authority. in performing its functions each Board exercises The delegated outhority of Atomic Safety and the powers of a presiding officer as granted bt 10 ((] Licensing Boards may not be further redelegated. 1 CFR Port 2. 0106-04 REFERENCES 0106-03 DELEGATION OF AUTHORITY Code of Federal Regulations, Title 10, Chapter 1, 031 Delecotton to Chairman and Vice Choirman. N> clear Regulatory Commission: Tl
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The Chairman and Vice Chairman, Atomic Sofety o. Port I, Statement of Organizaton and and Licensing Board Panel, are authorized and General Information, directed to take such oction as is necessary to carry out the functions os assigned by 0106-012 and b. Port 2, Rules of Proctice. 013, obove, and other official directives or com- ' municottons, subject to the limitotions prescribed c. Port 50, Licensing of Production and therein. (Delegations of outhority for specific Utilization Focilities, octions and opplicobie limitations are contained in the Commission's Rules of Practice,10 CFR Port 2, d. Port 51, Licensing and Regulatory or other directives covering specific subjects.) Policy and Procedures for Environ-mental Protection. 032 Redeleootion of Authority,
- e. Sec.191 of the Atomic Energy Act of ,
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Except for the authority relating to the establish- 1954, as amended, 42 U.S.C. 2241; Sec. ment of atomic safety and licensing boards speel- 201(gXI) of the Energy Reorganization fled in 10 CFR 2.721, the authority of the Choirrnon Act of 1974,88 Stat.1243. and Vice Chairman moy be redelegated to the Executive Secretary as they may deem oppropriate. 033 Delecotion to Atomic Sofetv ond Licens. ino Boards. q y Atomic Scfety and Licensing Boards are outhorized
;I and directed to take such oction os is necessary to '
carry out the functions assigrwo by 0106-022 and other official directives or communications, sub-ject to the limitations prescribed therein. (Delego. [ tions of outhority for specified octions oW opplico-ble limitations are contained in the Commission's Rules of Practice, 10 CFR Port 2, or other directives covering specific subjects.) Approved: December 19, 1975
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_. e. . U.S. NUCLEAR REGULATORY COMMISSION D"r NRC MANUAL Volumes 0000 General Administration NRC 0107-01 Port: 0100 Oroontration ASLAP a CHAPTER 0107 ORGANIZATON AND FDNCTIONS . . . -- ATOMIC SAFETY Ato LICENSING APPEAL PANEL lll. ja AND APPEAL BOARDS [:l:l: ' Y.i Ei: 0107-01 ATOMIC SAFETY -abo LICENSING f. presents to the Commission , recom-APPEAL PANEL mendations relating to licensing pro- f" cedures and policies, including methods Oil Supervision. of ochieving improved regulatory efficiency. Under the supervision of a permanent Chairman, who is oppointed by md reports to the Commission. g. acts oc spokesman for the Panel in relations with the Commission. -
- l. ... .
012 Functions and Aufnorities of the Permo- l nent Chairmon. h. Informs the Appeal Panel .of Commis- , sion policies and procedures offecting ; l Coordination of the activities of the Panel, which the conduct of Appeal Board octivities. Is composed of members appointed by the Commis- r:' sion who are essigned to serve on Appeal Boards in I. serves from time to time as a member i partlMar proceedings (see 02 below): and perfor. of an Atomic Safety and Licensing mance of related functions. Specifically, the Appeal Board for o partic.ular [ Chairmons proceeding. !
- o. coordinates activities of various Appeal J. acts for on Appeal Board on procedural ;
Boards, matters, including requests for stay of orders of presiding officers, under cir-
- b. develops policies and procedures appli. cumstances set forth in 10 CFR ;
ccble to the octivities of various Appeal 2.787(b). Boards. -
- k. performs such other functions os may
- c. develops ed implements the necessory be assigned by the Commission.
policies and procedures to assure it 3 expeditious conduct of the Panel's 013 Functions and Authorities of the Perma-octivities. nmt Vice Chairmon. ,
- d. essigns Panel members to serve on The permanent Vice Chairmon, oppointed by the Appeal Boards. Commissions
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- e. ' recommends to the Commission the o. octs for the permanent Chairman in his oppointment of specified individuals to obsence, performing all the duties and - s the Panel, exercising all the powers of that -
position.
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Ar.nroved: December 19,1975
4 s . ORGANIZATION AND FUNCTIONS ATOMIC SAFETY Am LICENSING APPEAL PANEL . . . AND APPEAL BOARD c.n d NRC 0107-02 # b, b. such other licensing proceedings os the serves from time to time os o member of on Atomic Safety ed Licensing Appool Commission may specify. In addition, ~D: Board. . Appeal Boards perform such other regu-lotory functions os may be delegoted to _ acts for on Appeal Board on procedural them by the Commission. # :D c. matters, ircluding requssts for stays of orders of presiding officers, under cir- 023 Soecific Authority. N cumstances set forth in 10 CFR 2.787(b). The authorliy and review functions delegoted to
- d. performs such other functions os may be Appeal Boards include, but are not limited to, those- ;
assigned by the permanent Chairmon. speelfied by 10 CFR 2.704, 2.711, 2.717(o), 2.7180), 2.720(f), 2.730, 2.742(b), 2.743(b), 2.752(o) and (c), 2.760-2.771, 2.785(bX2), and 2.900-2.914, except : 0107-02 ATOMIC SAFETY APO LICENSING ~ APPEAL BOARDS those functions referred to in 2.905(cXg) and (h). The Chairman of an Appeal Board assigned for o 021 Membershlo. porticular proceeding is authorized to oct for the
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Appeal Board on procedural matters, including Each Atomic Safety and Licensing Appeal Board 14 requests for stays of orders of presiding of ficers, composed of three members, possessing quellfi- under circumstances set forth in 10 CFR 2.787(b). cotions deemed appropriate to the issues to be ; decided, ossigned for each proceeding from th e 024 Force and Effect of Appeal Board Actions. Atomic Safety and Licensing Appeal Panel. Mem-bers shall be assigned by the pen .onent Chairman Except as provided in 025, below, any oction token of the Ponel or, in his obsence, by the permanent by on Appeal Board pursuant to its delegated , Vice Choirrnon. The Chairman of an Appeal Board , authority hos the some force and effect and is for a particular proceeding shall be quellfied in the mode, evidenced, and enforced in the some manner conduct of odministrative proceedings,. An olter- as actions of the Commission. . note may be ossigned to serve os a member of on Appeal Board for o particular proceeding in the 025 Limitations on Authority. - event that a mernber assigned to such proceeding becomes unovolloble. a. Appeal Boards exercise their authority and perform their functions subject to 022 Func tions. the provisions and limitations of speci- , fled provisions of 10 CFR Port 2, os ref-l Appeot 2bords exercise the authority and perform erenced in 10 CFR. 2.785(c). the review functions which would otherwise have been exercised and performed by the Commission, b. Within 20 days offer the date of a - int decision or oction by on Appeal Board, i the Commission may on its own motion l o, proceedings on wplicottons for licenses direct that t'we record of the proceeding under 10 CFR Port 50. be certified to it for review on the Approved: December 19, 1975
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ORGANIZATION AND FUNCTIONS l!:
..- ATOMIC SAFETY AND LICENSING APPEAL PANEL 4 l AtO APPEAL BOARD NRC 0107-03 I" N
ground that the decision or action of 033 Deleoction to Appeal Boards. {lj; the Appol Board (!) is, with respect to g.,.g on important matter, in confilet with Atomic Safety and Licensing Appeal Boards are @1 statute, regulation, cose precedent, or outhorized and directed to tr*e such oction as is , established Commission policy, ed necessary to carry out the functions assigned by (2Xi) could significantly and adversely 02L d>ove, and other official directives or com-offect the public health and safety or mwdections, subject to the limitations prescribed the common defense and security, or (ii) therein. (Delegations of authority for specific involves on important question of public octions and applicable limitations are contained in - ] polley. The effeet of the Appeal the Commission's Rules of Proctice,10 CFR Port 2, Board's decision or oction is then stayed or other directives covering specific subjects.) until the Commission's review of the proceeding hos been completed. (See 10 034 Redetecot' ion of Authority. ; CFR 2.786.) The delegoted authority of Appeal Boards may not 3 0107-03 DELEGATION OF AUTHORITY be further redelegated. ;;; 031 Delecotion to Chairmon and Vice Choir. 0107-04 REFERENCES j mon of Appeal Ponel. I j Code of Federal Regulations, Title 10, Chapter 1, 'I The Choirrnon and Vice Chairman, Atomic Safety Nuclear Regulatory Commission: 'I and Licensing Appeal Panel, are authorized and directed to take such oction as is necessary to c. Port 1, Statement of Organization and carry out the functions assigned by 012,013, above, General Information, and other official directives or communicottons, subject to the limitations r escribed therein. b. Port 2, Rules of Practice. zi (Delegations of authority for sg w:lfic actions and 5 opplicable limitations are contained in the Com- c. Port 50, Licensing of Production and mission's Rules of Practice,10 CFR Port 2, or other Utilization Focilities. .: directives covering specific subjects.) 7.l
- d. Port 51, Licensing and Regulatory 032 Redeleoation of Authority. Policy and Procedures for Environ-mental Protection.
The authority of the permanent Chairman and the permanent Vice Chairman may not be redelegated. e. Sec.191 of the Atomic Energy Act of j 1954, os omended, 42 U.S.C. 224ti Sec. 20l(gX0 of the Energy Reorganization Act of 1974,88 Stat.1243. ., Approved: December 19,1975 l i l ..
U.S. , NUCLEAR REGULATORY' COMMISSION NRC MANUAL' g:p:< Volume $'0000GeneralAdministration I..! E~ Part : 0100. Organization ACRS CHAPTER'0111 ORGANIZATION AND FUNCTIONS
' ADVISORY COMMITTEE ON REACTOR SAFEGUARDS .s-0111- 01 SUPERVISION .
R ~ The' Advisory Committee on Reactor Safeguards was established by statute (Section 29 and 182 b. of the Atomic Energy Act of 1954, as amended) . and is subject to Commission regulations set forth in 10 CFR Part 7. The 1 Advisory ' Committee on Reactor Safeguards was' transferred intact to the ;;r NRC (120 Cong. Rec. S.19016 (daily ed. October 11, 1974)). (( The Committee elects a Chairman and Vice-Chairman each year'to carry . out functions' designated by the Committee. 0111-02 FUNCTIONS The Committee:
- a. reviews safety studies , and applications for construction permits and operating licenses for production and utilization facilities, and makes reports thereon.
- b. advises the Commission with regard to the hazards of proposed q or existing ~ nuclear facilities and the adequacy of proposed ~
reactor safety standards; and reviews matters specifically :i referred to it by the Commission, including generic issues and proposed amendments or changes to facility construction permits or operating licenses.
- c. upon request from the Department of Energy (DOE), performs reviews, provides' reports, and advises DOE with regard to the hazards of DOE nuclear activities and facilities.
- d. on its own initiative may conduct reviews of specific generic matters or nuclear facility safety-related items.
- e. conducts studies of reactor research and prepares and submits t annually to the Congress a report containing the results of g such study (P.L. 95-209).
Approved: August 29, 1978 s'
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t . ORGANIZATION AND FUNCTIONS NRC-0111-021 ADVISORY COMMITTEE ON REACTOR SAFEGUARDS , c ; Specific' ally the Advisory Committee: i 0 21 reviews each application under Section 103 or Section 104'b.
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h4 of the Atomic Energy Act of 1954, as amended, for a construction permit or En operating . license for production and utilization facilities; any , , application under Section 104 c. for a construction permit or an operating license for a testing facility. p., 022 reviews any application under Section 104 a. or c. , specific- " ally referred to it by the Commission, and any application for an amend-ment to a construction permit or an amendment to an operating license under Section 103 or 104 a. , b. , or c. specifically referred to it by the Commission. , 023 submits a report based on such review which is made part of . the . record of the application and available to the public except to the extent that security classification' prevents disclosure. 024 reviews any generic issues or other matters specifically re-ferred to it by the Commission for advice. 025 upon request from the Department of Energy (DOE) performs
- reviews, provides reports, and advises DOE with regard to the hazards of DOE nuclear activities and facilities.
026 upon its own initiative may conduct reviews of specific generic matters or nuclear facility safety-related items. 027 conducts studies of reactor safety research and prepares and submits annually to the Congress a report containing the results of such study. 0111-03 DELEGATION OF AUTHORITY TO THE CHAIRMAN : The Chairman is authorized to take action in accordance with ACRS bylaws as is necessary to carry out its functions. 0111-04 REDELEGATION OF AUTHORITY BY THE CHAIRMAN The Chairman may redelegate to the ACRS Vice-Chairman or other ACRS members or to the Executive Director such functions as he deems appropriate. , 0111-05 ORGANIZATION STRUCTURE AND INTERNAL ASSIGNMENTS !d
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051 The Committee consists of a maximum of fifteen members appointed by the Commission for terms of four years each. See [ Appendix 0111 for a list of Committee members, i
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' Approved: August 29, 1978 ;
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Y .. Q lii. 5 W;i U.S. NUCLEAR REGULATORY COMMISSION a..; NRC MANUAL )) Volume: 0000 General Administration Part, : 0100 Organization OIA CHAPTER 0113 ORGANIZATION AND FUNCTIONS .. ; OFFICE OF INSPECTOR AND AUDITCet ? 0113- 01 SUPERVISION = Under the supervision of a Director who reports to the Commission. 0113-0 2 FUNCTIONS . In accordance with the provisions of the Atomic Energy Act of 1954, as amended, the Energy Reorganization Act of 1974, as amended, the Budget , and Accounting Procedures Act of 1950, and Federal Management Circular 73-2, the Office of Inspector and Auditor conducts audits, investigations
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and inspections to provide the Commission with an independent review and appraisal of all NRC operations:
- a. to assure that responsibilities at all organizational levels are discharged with effectiveness and efficiency; and *
- b. to ascertain and verify facts to assure the maintenance of the highest standards of integrity of all NRC organizations, pro-grams and activities.
Specifically, the Office: 0 21 develops and recommends to the Commission policies and stand-ards governing NRC's financial and management audit program. . 022 plans and directs NRC's long-range comprehensive audit ; program. 023 conducts NRC's day-to-day internal audit activity at all levels of operations to determine whether financial operations are conducted : properly; financial reports are presented fairly; there is compliance with , applicable laws and regulations; resources are managed and used eco-nomically and efficiently; and desired program results and objectives are being achieved effectively. Coordinates audit results with appropriate =i NRC officials. E Approved: October 13, 1978
V .. ORGANIZATION AND FUNCTIONS
. NRC 0113-024 OFFICE OF INSPECTOR AND AUDITOR
(.;e . .f zu . v::, - 024 . conducts investigations and inspections to ascertain and verify , the facts with regard to the integrity of all NRC operations and conducts ,,p. . ,_ follow-up investigations, where appropriate, on questions raised during Ms initial investigations or inspections. , 025 investigates:
- a. possible irregularities or alleged misconduct of NRC employees. ;
- b. equal employment opportunity and civil rights complaints.
- c. claims for personal property loss or damage at the request of the Executive Director for Operations or the Director, Office of ..
Administration, and submits reports of, findings to the re- y questing office. 026 refers any suspected or alleged criminal violations to the De- ' partment of Justice, after appropriately informing or consulting with the ' Office of General Counsel, except that in referrals requiring prompt field ' response (including sabotage, terrorism, or theft of special nuclear mate- .. rial), the Office of Inspection and Enforcemest (IE) shall make direct G ' referral to the Federal Bureau of Investigation and thereafter coordinate with the Office of Inspector and Auditor. 027 hears individual employee concerns regarding NRC operations and activities and invectigates, as appropriate, such concerns. 028 serves as NRC's point of contact with the General Accounting H i Office (GAO) on matters affecting financial and management audit func- r tions and maintains liaison with GAO and other audit organizations. 029 maintains liaison with the Department of Justice and other law f enforcement agencies in criminal and other investigative matters. i.
- 1 0210 provides interim and final reports and recommendations to the R Commission on its financial and management audit responsibilities and on all audits, investigations and inspections.
0 211 carries out such other functions as are assigned by the Commission. 1 0113 - 03 DELEGATION OF AUTHORITY The Director is authorized and directed to: =w
, 031 take such action as is necessary to carry out the functions - <
assigned by this chapter or other official directives or communications, 'I subject to the limitations prescribed therein. Approved: October 13, 1978
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. . si ORGANIZATION AND FUNCTIONS $ ..: ._ OFFICE OF INSPECTOR AND AUDITOR NRC-0113-032 I c , "1..
jj 032 inquire into all organizations, programs and activities of NRC and have access to all reports, memoranda and other information as m needed to perform the assigned functions. 0113- 04 REDELEGATION OF ' AUTHORITY BY THE DIRECTOR The Director may, except where expressly prohibited, redelegate to others authority delegated by this er other official directives or communi- ' cations, subject to the limitations stated below and such other stipulations as are deemed necessary. 041 such redelegation must be in writing, and copies must be filed with the Secretary of the Commission. 042 the Director must stipulate any limitations or further redelega-tions of authority. 0113- 05 DELEGATION OF AUTHORITY TO THE DEPUTY The Deputy Director is authorized and directed to act in the stead of the Director during the latter's absence. 0113-06 ORGANIZATION STRUCTURE AND INTERNAL ASSIGNMENTS An organization chart showing internal organization of the Office and a statement of functions of the subdivisions of the Office are issued by the Director as Appendix 0113, Parts 1 and II. . 9 fi.. is s l Approved: October '13, 1978
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U. 5. NUCLEAR Rf GULATORY COMMISSION N NR : MANUAL -
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Volume: 0000 General Administration NRC-Oll5-01 :n OGC p; = Port : 0100 Organization -- -
~ firk f!!.I C CHAPTER 0115 ORGANIZATION AND FUNCTIONS "
OFFICE OF THE GENERAL COUNSEL
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0115-01 SUPERVISION 023 takes appropriate action to represent , and protect the interests of the NRC in various court proceedings, and in relation to other govern-Under the supervision of the General Counsel, who is responsible to the Corrmission for all legal advice ment ogencies, Committees of Congress, foreign and assistance given by the Office of the General governments, or members of the public. Counsel. 024 coordinates with the appropriate offi. 0115-02 FUNCTIONS cials of NRC and prepores legislative material with which NRC is concerned, including legislo-Direction of motters of low ond legal policy whereby tion ini,tiated by the NRC, ond iegislation submit-advice and assistance is provided to the Commission, ted to the NRC for comment, and to the Offices reporting to the Commission. Specifically, the Of fice: 025 serves os the Counsefor for NRC and as the NRC contact with the Civil Service Commis-0 21 provides the Commission with legal opin- sion and the Department of Justice with respect ions and odvice with respect to all activities of tha to matters relating to conflicts of interest; and NRC, including, but not licnited to the interpretati> . performs such other duties as are prescribed in 10 of the Atomic Energy Act of 1954, os amended, the CFR Port O," Conduct of Employees." Energv Reorganizction Act of 1974, os amended, and other sources of o>thority; proposed octions of the 02.5 provides t,e Commission, the Executive NRC, including rulemoking, contractual documents, Director for Operations, and the heads of Of fices , inter ogency ogmements, delegations of oJthwity, and Divisions and other octivities of the NRC with orders, licenses, and other legal documents; and, os legal opinions and advice in connection with the oppropr:ote, regulations, notices and other docu- odministrati n of the Federal Advisory Commit-ments yhich are to be published in the Federal f ee Ac t. Register except for those matters which have been specificolly delegated by the Commission to the 027 provides the Commission, the heads of Atomic Safety and Licensing Board Panel and the boards, po.1els and offices reporting directly to Ato nic Sofety and Licensing Appeal Board, the Commission, and the Advisory Committee Monogement Of ficers fer advisory committees 022 teviews Atomic Sofety and Licensing with legal opinions ond odvice in connection with Appeal Board decisions and rulings, petitions re- the administration of the Freedom of Information E ceived from members of the public seeking direct Act. Commission action and rulemoking proceedings in-volving hearings; and prepares appropriote decisions, 028 performs such other functions os are orders, and rulings in connection therewith for assigned by the Commission. review by the Commission. Approved: November 21,1975 d
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ORGANIZATION AND FUNCTIONS :? .'
' NRC-Oll5-03 OFFICE OF THE GENERAL COUNSEL g.,TP 9
(= y.; Oll5-03 DELEGATION OF AUTHORITY TO' THE 0115-04 REDELEGATION OF AUTHORITY BY g ,.;g GENERAL COUNSEL THE GENERAL COUNSEL
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The General Counsel is authorized and directed to: The General Counsel moy, except where expressly E_.g prohibited, redelecote to others authority delegat-0 31 take such oction as is necessory to carry ed to him by this or other official directives or out the responsibilities ossigned to him by this or communications, subject to the limitotions stated ..: cther official directives or communications, subject to the limitations prescribed therein. Delegations of below and to such other stipulations os he may deem necessary. f c authority for specific actions and applicable limito-tions are contained in NRC Monval chapters cover- c. Such redelegations must be mode in , . N ing specific subjects. writing, and a copy must be filed with ([ the Secretary to the Commission. 032 take @propriate action to represent and . . . r ~. protect the interestsof the NRC in various court b. The General Counsel must st;pulate air proceedings, and in relation to other government limitations on further redelegations of (l - g ogencies, Committees of Congress, foreign govern- authority. ,i .: ments, or members of the public. A 0115-05 ORG ANIZATION STRUCTURE AND 033 serve os the counsel for NRC and as tne INTERNAL ASSIGNMENTS - NRC contact with the Civil Service Commission and - i the Department of Justice with respect to matters t. The Office of the General Counsel is a single t l relating to conflicts of interests. organizational component with no subdivisions. I I
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U, S. NUCLEAR REGULATORY Co MISSION E!!! NRC MANUAL E
,' Volume: 0000 General Administration NRC-0118-01 $
Part : 0100 Organization PE f" CHAPTER NRC-Oll8 ORGANIZATION AND FUNCTIONS gh 0FFICE OF POLICY EVALUATION > 0118-01 SUPERVISION 0118-03 DELEGATION OF AUTHORITY TO THE DIRECTOR Under the supervision of a Director who .p
- reports to the Comission. The Director is authorized end directed to: -
d 0118-02 FUNCTIONS 031 take such action as is necessary to carry out the functions assigned by this ] Provides overall planning and management chapter or other official directives or of activities involved in the perfomance comunications, subject to the limitations $ of an independent review of positions ' prescribed therein. j developed by the NRC staff which require [ policy deteminations by the Commission. 032 recomend to the Comission, follow-Conducts analyses and projects which are ing independent evaluation of program policy R either self-generated or requestdd by the objectiv:!s, alternative policies and positions Comission. Specifically the Office: and their impact upon the objectives of the NRC. 021 provides an independent evaluation I 1 for the Comission of program policy objec- 033 conduct special projects, either tives, incorporating an assessment of such self-generated or at the request of the favors as governmental policy and objec- Comission, in areas with long-range policy tives, and their economic, technical, and implications. ::i societal impact.
..;1 0118-04 REDELEGATION OF AUTHORITY BY THE 022 provides independent technical DIRECTOR h
evaluation of selected cases presented to i the Commission for adjudication. Thu 01 rector may, except where expressly pro-hibited, redelegate to others authority dele-023 as requested by the Comission, co- gated by this or other official directives or I ordinates input for agency-wide studies and comunications, subject to the limitations integrates inforn tion into overall planning stated below and such other stipulations as or evaluntion for Comission use. are deemed necessary. 024 performs other such functions as a. Such redelegations must be in writing,
, :q are assigned by the Comission, and a copy must be filed with tne Secre-tary to the Comission.
- b. The Director must stipulate any limitations on further redelegations of authority.
Approved: August 19, 1975
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