ML20149F093
| ML20149F093 | |
| Person / Time | |
|---|---|
| Issue date: | 02/10/1987 |
| From: | Holler E NRC OFFICE OF INSPECTION & ENFORCEMENT (IE) |
| To: | NRC OFFICE OF INSPECTION & ENFORCEMENT (IE) |
| Shared Package | |
| ML20149B504 | List: |
| References | |
| FOIA-87-803 NUDOCS 8801140124 | |
| Download: ML20149F093 (19) | |
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UNITED STATES Qw 'g[i o
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MEMORANDUM FOR:
File FROM:
Eucene Holler Enforcement Specialist Enforcenent Staff Office of Inspection and Enforcemant
SUBJECT:
JANUARY 12, 1987 MEETING BETWEEN NRC AND 00L The meetina was requested by the Department of Labor (DOL), Wage Hour Division, to discuss NRC measures to prevent upauthorized disclosures of information from DCL Reports, in addition, NRC use of DOL documents, obtaining 00L documents, and obtainina DOL authorization to release 00L information in connection with NRC enforcement action were discussed. is a list of the meeting participants.
James Lieberman, CGC, explained the practices the NRC has in place to prevent the unauthorizeo disclosure of inforn ition from DOL documents.
In addition i
to makina NRC personnel aware in cereral that information in DOL reports can not be released without the prior approval of DOL, Mr. Lieberman also explained l
that ! 3L documents containina non-releasable information are conspicuously marked by NRC, He provided an example of the type of warnina cover the NRC uses for D0L documents, Enclosure 2.
The NRC representatives described the NRC enforcement process and the use of DOL information in that process. Mr. Lieberman pointed out that in DOL cases that settle, the DOL Compliance Officer's Report could serve as a "road map" for NRC cr1ductiN its own investigation. He nuted that in some cases, the Compliance Office.r s Report miaht contain sufficient information to form the basis for an NRC decisior, recardina enforcement action. He also discussed how the inforniation acveloped in the D0L report could serve to prevent a duplication of effort on the part of NRC investiJators.
DOL ;resently makes all case file material available for photocopyina by NRC of ficials but t'e NRC must use its swn personnel for the photocopyina.
In response to the NRC representatives' request for arranaements to facilitate obtainina @ptes o, 00L Compliance Officers' Reports, Mr. Valin, DOL, aareed that DOL wculo pnvide :. copy cf the narrative of any Compliance Officer's Report recuested by :tKC.
Copies of exhibits, however, would have to be made by NRC personnel usina DOL copyino equipment at the 00L office where the exhibits re filed.
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((,9 10 'SR' File The meetina participants discussed in detail the probicas associated with disclosing statements made by persons interviewed by DOL. Mr. Valin, DOL, explained that DOL extends a limited confidentiality to everyone interviewed durina a DOL investiaation. The orant of confidenti311ty is limited in that DOL makes.the statements available to o.ther federal agencies.
D0L offered two succestions for o.btaining release of the statements.
The NRC can request release of entire reports or particular statements from 00L.
The request should be directed to t.he DOL Waae and Hour Administrator's Office in Washinaton, D.C.
Alternatively,' the NRC could contact a potential witness directly ano obtain permission from the witness'to release a statement previously made to 00L.
The meeting concluded with assurances from the representatives of both agencies that each acency would continue to facilitate coordination and cooperation reaardina the employee protection provisions of Section 210 of the Energy Reoraanization Act.
Euaene Holler Enforcement Specialist Enforcement Staff Office of Inspection and Enforcement
Enclosures:
As Stated cc:
J. Lieberman, 0GC A. Beach, IE
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U,S. Nuclaw Regubrtory Commission r
l DOCUMENT COVER SHEET WAPP[NG THE ATTACHED DOCUMENT CONTAINS INFORMATION OBTAINED FROM THE DEPARTMENT OF LABOR UNDER A SPECIAL ARRANGEMENT WITH THE NRC.
THE INFORMATION MAY CONTAIN CONFIDENTIAL SOURCES AND MAY NOT BE REPRODUCED OR DISCLOSED OUTSIDE NRC WITHOUT PRIOR APPROVAL OF DIRECTOR, ENFORCEMENT STAFF.
The attached document / report has not been reviewed oursuant to 10 C.F:B i 2.790(al exemptions nor has any exemot material been defered, Do not disseminate nor discuss its conter.ts outside NRC.
Treat as 0FFICIAL USE ONLY".
DATE:
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flEMORANDUM FOR: William M. Otter, Administrator Wage and Hour Division Department of Labor FROM:
James H, Sniezek, Deputy Director Office of Inspection and Enforcement
SUBJECT:
WORKING ARRANGEMENTS TO IMPLEMENT MEMORANDUM 0F UNDERSTANDING BETWEEN NRC AND 00L In accordance with the subject memorandum of understanding, we have developed draf t working arrangements for implementing the MOU (Enclosure 1). These working arrangements establish responsibilities for DOL and NRC in investigation and enforcement of violations of Section 210(a) of the Energy Reorganization Act of 1974, as amended. Also included are regional personnel for each agency. (points of contat.t with headquarters and Enclosures 2 and 3)
To ensure agreement between our agencies on arrangements for implementing the I
MOU, the enclosure has been prepared for my signature and yours.
Please review the draft and forward comments to Jane Axelrad. Acting Director of Enforcement (492-4909) so that it can be finalized. The NRC will be handling cases in accordance with these draft working arrangements in the interim.
James H. Sniezek, Deputy Director Office of Inspection and Enforcement
Enclosure:
As stated l
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MEMORANDUM FOR: William M. Otter, Administrator Wage and Hour Division Department of Labor j
FROM:
James H. Sniezek, Deputy Director Office of Inspection and Enforcement
SUBJECT:
WORKING ARRANGEMENTS TO IMPLEMENT MEMORANDUM 0F OriDERSTANDING BETWEEN NRC AND 00L In accordance with the subject memorandum of understanding, we have developed draf t working arrangements for implementing the MOU (Enclosure 1).
These working arrangements establish responsibilities for DOL and NRC in investigation and enforcement of violations of Section 210(a) of the Energy Recrgani7ation Act of 1974, as amended. Also included are regional personnel for each agency. (points of contact with headquarters and Enclosures 2 and 3i To ensure agreement between our agencies on arrangements for implementing the MOU, the enclosure has been prepared for my signature and yours. Please review the draf t and forward comments to Jane Axelrad, Acting Director of Enforcement (492-4909) so that it can be finalized.
The NRC will be handling cases in accordance with these draft working arrangements in the inter 1m.
James H. Snie:ek, Deputy Director Office of Inspection and Enforcement
Enclosure:
As stated IE:ES ES:D ELD IE:DD RRosano JAxelrad JLiebennan JSniezek 3/ /83 3/ /83 3/ /83 3/
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Document Name:
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00L PROCEDURES
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Requestor's ID:
EDNAD Author's Name:
rosano/Lieberman Document Connents:
doc fm I&E for Lieberman 3/23/83
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Procedures for Implementing MOU between NRC and 00L I.
Background and Purpose t
On July 29, 1982, the Executive Director for Operations of the Nuclear Regulatory Commission signed the "Memorandum of Understanding Between NRC and Department of Labor." The Administrator of the Wage and Hour Division of the Department of Labor signed the document on October 25, 1982.
The M00 sit forth the responsibilities of the NRC and 00L in protecting the i Ights of employees of-licensed nuclear facilities as specified in SNtion 210(a) of the Energy Reorganization Act of 1974, as amended.
Section 3 of the M00 provides that the two agencies will
"... cooperate with each other to the fullest extent possible in every
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case of alleged discrimination involving employees of Commission licensees, applicants, or contractors or subcontractors of Comission licensees or applicants."
Sections 19.20, 30.7(a)(1)(1), 40.7(a)(1)(1), 50.7(a)(1)(1), 60.9(a)(1)(1),
70.7(a)(1)(1),and72.10(a)(1)(i)ofTitle10oftheCodeofFederal Regulations implement Section 210(a) of the AEA and specify employee protection requirements for activities licensed by the NRC.
The purpose of this document is to formalize working arrangements between the NRC and DOL to ensure prompt notification, investigation, and followup of complaints involving alleged discrimination against employees who have
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contacted, or have attempted to contact, the NRC.
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2 II.
Investigation and Processing of Complaints A.
If the NRC receives a complaint concerning a possible violation of Section 210(a), it will refer the complainant to 00L and will promptly notify DOL to ensure that 00L is aware of the complaint and L.
to determine if DOL is investigating the incident.,The NRC will not initiste an investigation of a complaint if DOL is conducting, or has completed an investigation, and found no violations. DOL will notify the NRC of the decision of the Administrator, Wage and Hour Division, at the conclusion of the investigation and of the results of the Secre-(
tary of Labor's review of that decision.
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B.
If 00L receives a complaint concerning a possible violation of Section 210(a), it will promptly notify the NRC and inform the NRC of whether DOL intends to conduct an investigation into the matter.
If 00L does not intend to conduct an investigation, the NRC will consider whether to initiate its own investh ation.
C.
The NRC will facilitate DOL's investigations by taking all reasonable steps to assist DOL in obtaining access to licensed facilities and any necessary security clearances.
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3 D.
Eech agency shall designate, and maintain as current, points of contact within its headquarters and regional offices for purposes of implementation of the MOV. Matters affecting program and policy issues will be handled by the headquarters offices of the agencies.
III. Enforcement l
A.
DOL's enforcement actions are primarily directed at restoring benefits or employment status unfairly denied an employee.
If DOL
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finds that no violations of Section 210(a) occurred, NRC normally will not initiate enforcement action.
If, however, DOL finds that a violation has occurred, the NRC may take enforcement action including issuance of a Notice of Violation, imposition of civil penalties, or issuance of orders suspending, modifying, or revoking licenses, but will nomally consider the effect of the action taken by DOL before deciding on its action.
B.
The regional offices of each agency will develop the initial recom-mendations on enforcement action an.1 will forward them to headquarters for review. Each organizational element (regional office and head-quarters) will consult with the appropriate level of the other agency in processing enforcement actions.
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4 This document shall be reviewed and updated periodically.
Approved:
Approved:
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James H. Sniezek Date William M. Otter Date Deputy Director Administrator Office of Inspection and Enforcement Wage and Hour Division U.S. Nuclear Regulatory Comission U.S. Department of Labor
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WORKING ARRANGEMENTS FOR IMPLEMENTATION OF MEMORANDUM 0F UNDERSTANDING BETWEEN THE NUCLEAR REGULATORY COMMISSION AND THE DEPARTMENT OF LABOR CONTENTS Section Title I
Background and Purpose II Investigations and Processing of Complaints
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III Enforcement Appendices A
NRC/ DOL Memorandum of Understanding B
NRC Points of Contact C
00L Points of Contact l
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NRC POINTS OF CONTACT 1
Headquarters: Jane Axelrad, Acting Director of Enforcement 492-4909 (FTS); (301) 492-4909 (Commercial)
Region 1 (Maine, New Hampshire, Vermont, New York, Massachusetts, Rhode Island, Connecticut, Pennsylvania, New Jersey, Delaware, Maryland)
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Daniel Holody Enforcement Specialist 488-1312 (FTS); (215) 337-5312 (Commercial) i Region II (Virginia, West Virginia, Kentucky, Tennessee, North Carolina, South Carolina, Georgia, Alabama, Mississippi, Florida) l l
Carl Alderson, Director of Program Support Staff 242-5507 (FTS); (404) 221-5507 (Commercial)
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2 Region III (Michigan, Ohio, Indiana, Illinois, Wisconsin, Minnesota, Iowa, Missouri)
William Schultz, Enforcement Coordinator 384-2526(FTS);(312)932-2526(Commercial)
Region IV (North Dakota, South Dakota, Nebraska, Kansas, Oklahoma.
Texas, New Mexico Colorado, Utah, Wyoming, Idaho, Montana)
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Eric Johnson, Director of Enforcement 728-8141 (FTS); (817) 860-8141 (Commercial)
Region V (Arizona, California, Nevada, Oregon, Washington, Hawaii, Alaska)
Allen Johnson, Director of Enforcement 463-3739 (FTS); (415) 943-3739
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00L POINTS OF CONTACT Headquarters: James L. Valin, Assistant Administrator Wage and Hour Division 523-7043 (FTS); (202) 523-7043 (Comercial)
Region I (Maine, New Hampshire, Vermont, Massachusetts, Connecticut, Rhode Island)
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William L. Smith
/.ssistant Regional Administrator 223-5565(FTS);(617)223-0995(Commercial)
Region II (NewYork,NewJersey)
Raymond G. Cordel11 Assistant Regional Administrator 265-3348 (FTS); (212) 944-3348 (Commercial) f
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2 Region III (Pennsylvania, Delaware, Maryland, Virginia, West Virginia)
John A. Craven Assistant Regional Administrator 596-1194(FTS);(215)596-1194(Commercial)
Region IV (South Carolina, Georgia, Florida)
Richard Robinette Assistant Regional Administrator 257-4801 (FTS); (404) 881-4801 (Comercial)
(Alabama, Mississippi, Tennessee, Kentucky, North Carolina)
Sterling B. Williams Assistant Regional Administrator 229-1301 (FTS); (404) 254-1301 (Comercial) l Region V (Minnesota, Wisconsin, Michigan, Ohio, Indiana, Illinois)
Richard A. McMahon Assistant Regional Administrator 353-8345 (FTS); (312) 353-7250 (Comercial)
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3 Region VI (Louisiana, Arkansas, Oklahoma, Texas,NewMexico)
Alfred A. Ramsey assistant Regional Administrator 729-6891 (FTS); (214) 767-6891 (Connercial)
Region VII (Iowa, Missouri, Nebraska, Kansas)
M. J. Vallarreal Assistant Regional Administrator 758-5386 (FTS); (816) 374-5386 (Connercial)
Region VIII (North Dakota, South Dakota, Montana, Wyoming, Utah, Colorado)
Loren E. Gilbert Assistant Regional Administrator 327-4613 (FTS); (303) 837-4613 (Coninercial)
Region IX (California, Nevada, Arizona, Hawaii)
Herbert Goldstein Assistant Regional Administrator 556-3592 (FTS); (415) 556-3592 (Connercial)
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4 Region X (Washington, Oregon, Idaho Alaska)
Wilbur J. Olson Assistant Regional Administrator 399-1914 (FTS); (206) 442-1914 (Comercial)
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Document Name:
MEMO TO WILLIA'i OTTER, DOL Requestor's ID:
EDNAD Author's Name:
RRosano/Lieberman Document Coninents:
fm I&E 3/23/83 i
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