ML20154E005
| ML20154E005 | |
| Person / Time | |
|---|---|
| Issue date: | 03/24/1987 |
| From: | Zech L NRC COMMISSION (OCM) |
| To: | Hayes B NRC OFFICE OF INVESTIGATIONS (OI) |
| Shared Package | |
| ML20154D995 | List: |
| References | |
| FOIA-98-108 COMLZ-87-6, NUDOCS 9810080014 | |
| Download: ML20154E005 (3) | |
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UNITED STATES Rehm
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COMLZ-87-6 4
MEMORAUDUM FOR:
Ben B. Hayes, Director Fi/EF Office of Investigations O ZE B a ' b FROM:
Lando W.
Zech, Jr.
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SUBJECT:
OI INVESTIGATIVE PROCEDURES MANUAL The Commission has approved the revised OI Procedures Manual subject to the following:
1.
In section 3.3.6 of the proposed manual, the language i
"except at the direction of OI:HQ" should 'se deleted.
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2.
Policy 24 should be revised to indicate that when a safety question requires prompt attention, 01 must, rather than may, have other NRC officials review and comment on the pertinent portions of the report.
3.
Add clarifying language to Policy 13 to distinguish the OI and OIA responsibilities on referrals to the Department of Justice.
4.
Modify section 4.5, as originally suggested by Commissioner Roberts, to indicate that investigators do not have the authority to exclude third parties from interviews.
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5.
Section 3.3.5 should be revised to use the words approved by the majority of the Commissioners for deciding when a reasonable basis exiscs for believing wrongdoing is involved.
(See COMTR-86-8 dated November 19, 1986.)
6.
Section 4.6 should be modified to cover the situation in which an interviewee insists on taping, or receiving a tape of, the interview as a condition of being interviewed.
7.
The Policies 7, 11, 25, and 26, relate to matters that are more appropriately addressed in the NRC Manual or policies governing the other NRC offices.
They should be revised accordingly.
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. 8.
Changes are needed to account for new or revised Commission policies and practices that have become effective since the manual was first submitted in late I
1985.
For example, pages 1-4 and 3-5 should reflect the new OI Policy 77 on character and integrity investigations approved by the Commission in November 1986.
Policy 7 on page 3-1 should be tailored to the Commission's Statement of Policy on Confidentiality.
The definition of "urongdoing" on page 1-4 should conform to the definition adopted by the Commission in early 1986 in approving policies on thresholds and priorities for investigation.
9.
In several places (e.g., pages 1-4 and 3-7) the manual should he revised to ensure that the OI manual is consistent with the guidance in NRC Manual Chapter 0517 because MC 0517 is intended to apply to all NRC employees in their handling of safety allegations.
The confidentiality form i
(Appendix R) in chapter 7 of OI's manual, received in November 1986, should be replaced with the standard form to be used by the rest i
of the agency under MC 0517 10.
Page 3-1 of the manual states that 01 Policy 6 is pending before the Commission.
That policy apparently concerns individual rightc during an OI investigation.
The Commission approved 3 basic guidelines in this area on May 21, 1985 (SECY-85-80).
If they constitute Policy 6, they should be so identified; if not, we should be provided a proposed Policy 6 for approval before the canual is published, y
11.
The manual at page 4-6 suggests that transcription of interviews is to be merely considered where 01 has i
subpoenaed a witness.
Transcription ought to be the generni rule under such circumstances:
if the agency has been required to go to the trouble of subpoenaing a witness, the teatimony is important and the agency would want a direct and accurate record of it rather than'have to rely on an account later written by the investigator.
Such a practice is also in keeping with the spirit if not the letter of the Administrative Procedure Act's dictate that a person compelled to submit data or evidence before an agency is " entitled to... procure a copy or transcript thereof...."
5 U.S.C. 555(c).
_ _ _. _. _ _ _ _.. _ _ _ - _. _ _. -. _ _.. _ _.. _ _.. - _ _ _.. _. ~
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t l 12.
The Commission does not object to OGC's suggested editorial changes in its memorandum of November-26, 1986, on OI's chapter 7 on confidentiality.
However, OGC's memo suggests other
-changes, and it i-_ not clear whether OGC and OI have resolved those comments.
OGC and OI should resolve them and r'eport back to the Commission within 2 weeks so that the Commission can give final approval'to chapter 7.
OGC and OI should coordinate with the EDO to ensure any further revisions are consistent with MC 0517 and staff practices.
13.
Where possible, the Commission has suggested' specific language reflecting the above comments in the attached mark-up in order to a/oid continued exchanges between the Commission and OI on the content of the manual.
However, to the extent that some matters (such as the content of Policy 6) may require further Commission i
review, OI should provide us with specific proposals to reflect Commission views within the next 2-4 weeks so that the manual can be approved and issued.
cc:
Commissioner Roberts Commissioner Asselstine Commissioner Bernthal Commissioner Carr OGC EDO OCA SECY l
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