ML20154E370

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Responds to from Several Congressmen Expressing Reservations Re Commission Announcement on Future Status of NRC Ofc of Investigations
ML20154E370
Person / Time
Issue date: 01/29/1988
From: Zech L
NRC COMMISSION (OCM)
To: Dingell J, Gejdenson S, Sharp P, Udall M
HOUSE OF REP., ENERGY & COMMERCE, HOUSE OF REP., INTERIOR & INSULAR AFFAIRS
Shared Package
ML20154D958 List:
References
FOIA-88-237 NUDOCS 8809160300
Download: ML20154E370 (9)


Text

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[he ats*e, UNITS 0 sTATss NUCLEAR REGUi.ATORY COMMISSION l

! , ^t 9 {e j W ASHINoToN D. C. 20545 l J

January 29, 1988  :

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J CH AIR M AN i i i The Honorable Philip R. Sharp Chairman j Subcommittee on Energy and Power Committee on Energy and Commerce l

i United States House of Representatives <

l Washington 0.C. 20515

Dear Mr. Chairman:

l i

! am responding to your letter o' January 21, 1988 in which you  !

l and Congressmen Udall, Dingell and Gejdenson expressed [

4 reservations concerning the Commission's announcement on the (

l future status of NRC's Office of Investigations. You also l 1

) requested a briefing on the proposed change and its effect on l l

the quality and indeoendence of NRC's investigative activities, i i a cost analysis of the reorganization, and copies of all  !

l Ccmmission documents which discuss the effects of the change.  ;

i The Commission's intention in its January 21, 1988 ?w.ouncement  !

was simply to implement the Congressional directive e(pressed j

i in the Committee of Cenference Report, Statement of Managers, t accompanying House Joint Resolution 395, that the NRC  !

i "consolidate its inspection and examination organizations under i the Executive Director in order to assure more efficient We have and i cost effective utilization of staff resources." t L

j initiated a two step process to effect this change. It the first step, effective February 1, 1988, the Office of l I Investications will be reporting as a unit to the Executive l 1 Director for Operations. This means, rather than reporting ,

j directly to the Commitsten, O! will report to us through the  !

j Office of the Executive Director 'nr Goerations. Full l

compliance with the conferees' directive will not occur untti l 1 the Commission has developed a permanent organizational otan l 1 for integrating the O! investigative ' unctions within the 1

) Office of the Executive Director 'er Operations. This will .

j occur as the second step. We clan to ecmplete this action by l j March 21, 1988.

1

}

! went to assure you that in taking this action, the Commission  !'

has been mindful of its mission to protect the public health

! and safety. As we have pointed out on nunerous occasions in '

i i testimeny before the Congress, our ability to carry eut this

) mission is enhanced by the existence o# a strong, indeoendent, Drofessional staff of investigators focused on issues central to our licensing arc enforcement processes. As we testi' fed

! j 1 '

before the Senate Cemnittee on Environment and Public Works on

],

Octcber 9, 1987:

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"[T]he Commission believes tnat a strong, competent, and independent O! sta# fed with experienced investigators is  !

essential to provide investicative facts for use in  ;

licensing and enforcement decisions when allegations of l wrongdoing are raised. A strong O! also helps ensure that j the Commission can carry out its statutory mandate in an i

effective way. However, maintaining the independence of l O! must be balanced against the agency need to assure that  !

0!'s investigations are focused to provide the information i useful to NRC's licensino and enforcement process. An O!

reporting to the Commiss'on is the best means of l accomplishing both of these goals."

The Conferees have directed us to place the investigative functions under the supervision of the Office of the Executive Director for Operations. While a majority of the Com41ssion believes that 0! reporting to the Commission is preferable, we I believe that 0! reporting to the Commission via the E00 can ,

result in tne agency effectively carrying out its investigative l

functions. We are firrly committed to implementing this (

directive in a manner that will preserve our investigative competence and will give our investigators the independence needed to conduct thorough, objective investigations. We are '

mindful that this new organization should be carefully monitored by the Commission, and we intend to do just that.

The Commission believes that once the Congressional directive is fully implemented, there may be improMad efficiency within '

the agency. We believe the change is not likely to have significant resourcv implications; however, we do not have '  !

detailed information or analysis on these issues at this tine. l The Commission will be pleased to provide any additional  !

information that you desire on this matter, and we are orecared l to brief you at a mutually convenient time. Additionally, ! as j enclosing all documents concerning the Commission's Jancary 21, i 1988 decision. We will also keep you informed of our progress j in implementing the second phase of the consolidation, j

\

Sincerely,  ;

I I

h/ k tando W. Ze (, Jr

\, I

Enclosures:

As stated cc: Rep. Carlos J. Moorhead

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o UNITS 0 sTATss NUCLE AR REGULATORY COMMISSION i

J' a g j wassisoroN. o. c. :ossi January 29, 1988

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CH AIRM AN I

The Honorable John Dingell, Chairman l %%04 j -

Committee on Energy and Commerce United States House of Representatives  !

Washington. 0.C. 20515 '

i

Dear Mr. Chairman:

I am responding to your letter of January 21, 1988 in which you and Congressmen Udall, Sharp, and Gejdenson expressed t reservations concerning the Commission's announcement on the l future status of NRC's Office of Investigations. You also requested a briefing on the proposed change and its effect on ,

the Quality and independence of NRC's investigative activities,  !

a cost analysis of the reorganization, and copies of all I

Commission documents which discuss the effects of the change.

The Commission's intention in its Jknuary 21, 19A8 announcement  !

was simply to implement the Congressional directive expressed  :

in the Committee of Conference Report, Statement of Managers, f accompanying House Joint Resolution 395, that the NRC  ! '

"consolidate its inspection and e:: amination organizations under '

the Executive Director in order to assure more efficient and cest effective utilization of staff resources." We have In the l

initiated a two step process to effect this change. i first step, effective February 1, 1988, the Office of  ;

Investigations will be reporting as a unit to the Executive Director for Operations. This means, rather than reporting  !

directly to the Commission. O! will report to us thrnugh the l Full Office of the Executive Director for Operations.

compliance with the conferees' directive will not occur untti j the Commission has developed a permanent organizational plan i for integrating ths O! investigative functiens within the  !

Office of the Executive Director for Operations. This will  :

occur as the second step. We plan to complete this action by l March 21, 1988. l 1 want to assure you that in taking this action, the Commissien has been mindful of its mission to protect the public health and safety. As we have pointed out on numerous occasions in testimony before the Congress, our ability to carry out this mission is enhanced by the existence of a strong, independent.

Orofessional staff of investigators focused on issues central te our licensing and enforcement processes. As we testi#ied before the Senate Comnittee on Environment and public Works on Octo0er 9, 1987:

t 4/ A ' M* A 3 % d., C

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"(T]he Commission believes that a strong, competer.3, and  !

independent O! staffed with experienced investigators is  !

i

! essential to provide investigative facts for use in 7 licensing ard enforcement decisions when allegations of  !

! wrongdoing are raised. A strong 0! also helps ensure that ,

I the cosamission can carry ou; its statutory mandate in an  !

I effective way. However, maintaining the independence of  ;

j 0! rust be balanced against the agency need to assure that i 1 0!'s investigations are focused to provide the information I useful to NRC's licensing and enforcement process. An 0! l l

reporting to the Commiss'en is the best means of  !

i accomplishing both of these goals."  ;

c The Conferees have directed us to place the investigative l

! functions under the supervision of the Office of the Executive i

Director for Operations. While a majority of the Commission l j believes that 0! reporting to the Commission is preferabli. we l j believe that O! reporting to the Commission via the E00 can i j result in the agency effectively carrying out its tryestigative l functions. We are firmly committed to implementing this '

directive in a manner that will preserve our investigative

{ competence ar.d will give our investigators the independence l 1 needed to conduct thorough, objective investigations. We are i

]

mindful that this new organization should be carefully l 3

monitored by the Commission, and we intend to do just that. l i

' The Commission believes that once the Congrussional directive i is fully implemented, there may be improved efficiency within l the agency. We believe the change is not likely to have  ;

significant resource implicationst however, we do not have i detailed information or analysis on these issues at this tire.

The Commission will be pleased to provide any additional l information that you desire on this matter, and we are prepared l 2

to brief you at a mutually convenient time. Additionally. ! am i enclosing all documents concerning the Commission's JaMary 21 )

1 1988 decision. We will also keep you informed of our prsgress i in implementing the secona phase of the consolidation. l sincerely.

l gbA W. L i-Lando W. I'C4' UI

\

j

Enclosures:

2 As stated l

i cc: Rep. Norman F. Lent l

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l'. e UNtTED STATss f,I jo., i

.m + NUCLEAR REGULATORY COMMISSION l

! W AsHlNQf oN. o. C. 20155  :

January 29, 1988

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j CMalMMAN I b

i l f l The Honopable Morris K. Udall, Chairman i 1 Committee on Interior and Insular Affairs i United States House of Representatives ,

Washington. 0.C. 20515

Dear Mr. Chairman:

4 I am responding to your letter of ilanuary 21, 1988 in which you and Ge and Congressmen Dingell, Sharp,reservationsconcerningtheCommission{den s announcement on the  ;

'Htu*e status of NRC's Office of Investigations. You also -

requested a briefing on the proposed change and its effect on the Quality and independence of NRC's inytstigative activities, ,

a cost analysis of the reorganization., and copies of all Commission documents which discuss the effects of the change.  ;

The Commission's intention in its January 21, 1988 announcement was simply to implement the Congressional directive expressed in the Committee of Conference Report. Statement of Managers,  !

accompanying House Joint Resolution 395, that the NRC l "conselidate its inspection and examination organt:stions under  !

the Executive Director in order to assure more ef#icient and  :

cost effective utilitation of staff resources." We have initiated a two steo peccess to effect this charge. In the j

I first step, effective February 1, 1988, the Office of Investigatiers will be reporting as a unit to the Executive  !

Directer for Operations. This means, ratner than reporting directly to the Cemmission. 01 will report to us through the l Office of the Executive Director for Operations. Full ,

complianet with the conferees' directivs will not occur until I the Commission has developed a permanent erganizattoral plan ,

for integrating the O! investigative functicns within the i Office of the Executtve Director for Coerations. This will We olen to complete this action by l

l uccur 45 the second step. l l March 21, 1988, i

!  ! want te assure yoJ that in taking this action, the Commissier l I has been miedful of its mission to oretect the pubite health i

! and safety. As we have pointed out on numerous occasions in testimeny before tne Congress, ter stility to carry cut this ris) ion it enhanced by t>.* txistence 0 # a strong, inceptndent, profetstonal sta n' investtiators for.usec on issuts central te eur 11;ensing and enforcement processes. As we testified he'cre the Seriate Committee on Environment and Pubite Works on j October 9, 1987:

l

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  • (T]he Commission believes that a strong, competent, and independent O! staffed with experienceu investigotors is essential to provide investigative facts for use in

! licensing and enforcement decisions when allegations of l wrongdoing are raised. A strong O! aiso helps ens ^re u that the Commission can carry out its statutory mandate in an ,

l effective way. However, maintaining the independence of O! must be balanced against the agency need to assure that O!'s investigations are focused to provide the information useful to NRC's licensing and enforcement process. An O!

reportino to the Commission is the best means of accomplishing both of these goals."

The Conferees have directed us to place the investigative functions under the supervision of the Office of tne Executive Oirector for Operations. While a majority o' the Commission l

l believes that O! reporting to the Comaission is preferable, we believe that O! reporting to the Commission via the E00 can l

j result in the agency effectively carrying out its investigative functions. We are firmly committed to implementing this directive in a manner that will preserve our investigative .

competence and will give our investigators the independence needed to conduct thorough, objective investigations. We are j mindful that this new organization should de carefullv l

monitored by the Commission, and we intend to do just that..

The Cormission believes that once the Congressional directive is fully implemented, there may be improved efficiency within the agency. We believe the change is not likely to have signift: ant rescurce implications; however, we do not have detailed information or analysis on these issues at this time. l t

The Commissien will be pleased to provide tey additional  !

informatien that you testre on this matter. and we are prepared to brief you at a mutually convenient time. Additionally, I am i enclosing sll documents concerning the Cormission's January 21, 1983 decision. We will aise keep you informed of our progress .

in implementing the second phase of the censolidation.  !

Sincerely, i W l.4 h . /. #

tancew.zeg,a,.

Inclosures: 1 As stated cc: Rep. Manuel Lujan, Jr.

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! NUCLEAR REGULATORY C6MMISSION q

j WASHINCTON D.C 10llt e,

Jenpary 29, 1988 1

)

i CMAIRMAN 1

1 The Honorable Sam Gejdenson, Chairman ,

Subcommittee o9 Oversight ans Investigations  !

l

Committee on Interior and Insular Affairs '

2 United States House of Representatives l Washington, D.C. 20515 l Osar Mr. Chairman:

, I am responding to voor letter et January 21, 1988 in which you  :

j thd Congressmen Udall, Dingell and Sharp expressed i

reservations concernine the Commission's announcement on thw You also future status of NRC's Office of Investigations. '

requested a briefing on the proposed change and its ef fect on the quality and independence of NPC's investigativtj activities, l a cost analysis of the reorganization, and copies of all j

Commission documents which discuss the effects of the change. l The Commission's intention in its January 21, 1988 announcement  !

l was simply to implement the Congressional direc;fve expressed

)

< in the Committee of Conference Report, Statement of Managers,  ;

J accompanying House Joint Resolution 395, that the NRC -

i "consolidate its inspection and examination organizations under 1 the Executive Directar in order to assure more efficient We have and I cost effective utilization of staff resources."

initiated a two step process to effect this chance. In the i

first step, effective February 1, 1988, the Office of l i; Investigations will be reporting as a unit to the Executive ,

l Director for Operations. This means, rather than reporting directly to the Commission. 0! will report tn us through the i j

Office of the Executive Director for Operations. Full l 1

compliance with the conferees' directive will not occur urtil I I

the Commission has developed a permanent organt:attenti elan  :

) for integrating the 0! investigative functices within ue  !'

! Office of the Executive Director for Operations. This will I

- occar as the second step. We plan to complete this action by i March 21, 198d. l

! want to assurt you that in taking this action, the Commission

' has been mindfv1 ef its mission to protect the public health  !

j and safety. As we have pointed cut on numerous occasions in l testimony before the Congress, our ability to carry out this j mission is enhanced by the existence o' a strongi independent.

orofessional staff of irvestigators focused on issues central l to our licensing and entnecement processes. A s w e t e s t i t'i e c j before the Senate Comnittee en Environment and Public Hoeks on i October 9, 1957:

i l

l i l

_______________________l

"[T]he Conmission believes that a strong, competent, and independent O! staffed with experienced investigators is essential to grovide investigative facts for use in licensing and enforcement decisions when allegations of wrongdoing are raised. A strong 0! also helps ensure that the Commission can carry out its statutory mandate in an effective way. However, maintaining the independence of O! must be balanced against the agency need to assure that Ol's investigations are focused to provide the information useful to NRC's licensing and enforcement process. An 0! ,

reporting te the Commission is the best means of  !

accomplishing both of these goals." l The Conforces have directed us to place the investigative functions under the supervision of the Office of the Executive Director for Operations. While a majority of the Commission believes that O! reporting to the Commission is preferable we believe that 0! reporting to the Commission via the E00 can  ;

l result in the agency effectively carrying out its investigative f u n c *. l o n s . We are firmly committed to implementing this ,

I directive in e manner that will preserve our investigative competence and will give our investigators the independence  !

needed te conduct thorough, objective investigations. We are mindful that this new organization shuuld be carefully  ;

monitored by the Comaission, and we intend to do just that.

l 7he Commission believes that once the Congressional directive ,

is fully imp 1tmented, there may be improved efficiency within I the agency. We believe the change is not itksly to have significant resource implications; however, we do not have detailed information or analysis on thase issues at this time.

The Commi1sion will be pleased to previde any additional informatiGn that you desire on this matter, and we are preparec  !

to brief you at a mutually convenient time. Additionally, I am j enclosing 411 documents concerning the Commission *s January 21,  ;

1988 decl. ion. We will also keep you inforned of our progress in implementing tha second phase cf the consolidation.

Siscerely, O N. ,

Lando W. Zec Jr. 1

Enclosures:

As stated CC: Pip. Denny Smith

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g y ammmmmma mummmmer 2-

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l

"(T]he Commission believes that a strong, competent, and independent O! staffed with experienced investigators is essential to provide investigative facts for use in

! licensing and enforcement decisions when allegations of

, wrongdoing are raised. A strong 0! also helps ensure that j the Commission can carry out its statutory mandate in an i effective way. However, maintaining the independence of

! 0! must be balanced against the agency need to assure that

Ol's investigations are focused to provide the information
useful to NRC's Itcensing and enforcement process. An 0!

"eporting to the Commission is the best means of accompitshing both of these goals.'

, The Conferees have directed us to place the investigative i

functions under the upervision of the Office of the Executive

{ Director for Operations. While a majority of the Commission '

j believes that O! reporting to the Commission is preferable, we

! elleve that 0! reporting to the Commission via the E00 can i .esult in the agency effectively carrying out its investigative functions. We are firmly committed to implementing this directive in a manner that will preserve our investigative l

! competence and will give our investigators the independence

needed to conduct thorough, objective investigations. We are j mindful that this new organization should be carefully

{ monitored by the Commission, and we intend to de just that.

i j The Commission believes that once the Congressional directive  !

1 is fully implemented, there may be improved efficiency within

, the agency. We believe the change is not itkely to have 4 significant resource implicati-)ns however, we do not have  ;

j detailed information or analysis on these issues at this time, i l The Commissien will be pleased to provide any additional i

information that you desire on this matter, and we are orepared i i to brief you at a mutually convenient time. Additionally, I am ,
enclosing all documents concerning the Commission's January 21, t J 1988 decision. We will also keep you informed of our progress I
in implementing the second phase of the consolidation. l ncerely,  !

Id ntical letters tot R0p. John Dingell Of@3IIIi nd II j

{ Rep. Philip Sharp Lanh Ze:h, jf.' i Rep, san Gejdenson Lando W. Zech, Jr. l 1

i

Enclosures:

) As stated I cc: Rep. ManVs1 t.ujan, Jr.

1 i

i Ref: CR-BS-16 Cricinatine Office: Chairrsn .

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