ML20154E390

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Forwards Background Documents Dating from 820101 Re Proposal to Place Ofc of Investigations Under EDO
ML20154E390
Person / Time
Issue date: 03/02/1988
From: Bradburne J
NRC OFFICE OF GOVERNMENTAL & PUBLIC AFFAIRS (GPA)
To: Sharp P
HOUSE OF REP., ENERGY & COMMERCE
Shared Package
ML20154D958 List:
References
FOIA-88-237 NUDOCS 8809160310
Download: ML20154E390 (3)


Text

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! e NUCLEAR REGULATORY COMMISSION

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wAsm0 TON D.C.20664 March 2, 1988 f 7?k X.d,.$ .

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I The Honorable Philip R. Sharp Chaiman Subcomittee on Energy and Power i Comittee on Energy and Comerce i United States House of Representatives

, Washington, D.C. 20515 l

Dear Mr. Chairman:

t i Pursuant to Chairman Zech's letter to you, dated arch 1, 1988, I am enclosing copies of background documents dating f tom January 1,1982, which relate to any proposal to place the Office of Innstigations (01) under the l l Executive Director for Operations (EDO),

, The Comission by letter dated January 29, 1938 has already provided the g

Subcomittee with all documents related to the Cemission decision, ,

announced on January 21, 1988, regarding the future status of O!,  !

T l Sincerely, Q : '(,, '

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j , John C. Bradburne. Ofrector i Congressional Affairs, GPA l j

Enclosures:

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As listed 1

cc: Rep. Carlos Mccrhead l'

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Enclosures:

1. 2/26/82 LETTER fm Rep. M. Udall to Chmn. Palladino, suggesting ,

- creation of an O! reporting directly to the EDO.  ;

I 2, 3/1/82 MEMORANDUM fm Kanterer to Comission re MEETINGS WITH l CONGRESSIONAL STAFF CONCERNING THE O!ABLO CANYON INVESTIGATION,

3. 4/15/82 CORRESPONDENCE RESPONSE SHEET of Cmr. Ahearne, re CR-82-41.

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Proposed Letter to Rep. Udall's Feb. 8 and Feb. 26, 1982 Letters re j

quality of NRC investigations and establishment of an 01.

4 4/15/82 CORRESPONDENCE RESPONSE SHEET of Cmr. Roberts, re CR-82-41.

1 1 5. Undated CORRESPONDENCE RESPONSE SHEET of Cmr. Gilinsky, re CR 82-41. '

6. 4/26/82 REVISIONS of Chen. Palladino's Office to CR-82-41. l

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7. 4/23/82 LETTER fm Chmn. Palladino to Rep. Udall, responding to his l 2/26/82 letter, with attached draft / concurrence sheets with SECY t annotation.

I j 8. 5/24/83HOUSEAPPROPRIATIONSCOMMITTEEREPORT(H.Rept.98-217)to accompany FY 1984 Energy and Water Development Appropriation Bill, with language relating to separation of O! from investigation and i enforcement program, i i

) 9. 1/14/85 LETTER fm Rep. Udall to Chmn. Palladino, re reporting j relattenship of O! to Comission.

i 10. 1/15/85 LETTER fm Rep. Dingell to Chen Palladino, re reportir.g relationship of Of to Comission.

11, 1/10/85 LETTER fm Rep. Markey to Chen. Palladino, re reporting l l, relationsip of CI to Comission.

j 17, 1/16/85 LIMITED O!STRIBUTION MEMORANDUM fm Chen. Palladir.c to other l j Cmrs., re COMMENT 5 FRGM DOJ ON NRC BUDGET MATTER.

l l 13. 1/18/85 LIMITED DISTRIBUTION MEMORANDUM fm Cer. Roberts to

! Chmn. Palladino, re COMMEhT5 FROM 00J ON RELOCATICN OF 01.

1

) 14. 1/25/85 CORRESPONDENCE RESPONSE SHEET. CR-85 3. re RESPONSES TO l REPS. UDALL/MARKEY/DINGELL REGARDING THE CONTINUING INDEPENDENCE OF  !

THE OFFICE OF INVESTIGATIONS, with Palladino modifications shown.  ;

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15. Urdated COMMENT of Cmr. Zech on CR-85-3.

l 16. 1/30/85 COMMENT of Cmr. Bernthal on CR-85-3.

) 17, 2/4/85 COMMENT of Cmr. Asselstine on CR-85-3. with attached edits.

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) i 18, 2/4/85 CCMMENT of Cmr. Roberts on CR-85-3.

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, 19, 2/6/85 LETTER (m Chmn. Palladino to Rep. Udall, with concurrence sheet  !

l and notation that identical letters were sent to Reps. Markey and 1 Dingell. ,

20, 3/18/85 LETTER fm S. Trott (DOJ) to Cten. Palladino, re possible r

! realignment of 01. i a

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21, 3/27/85 HOUSE APPROPRIATIONS HEARING PRINT, PART 6, NUCLEAR REGULATORY l CCMMIS$!ON, excerpts from hearing transcript and from 3/15/85 Report '

]' of Comittee's Surveys and Investigations Staff, with NRC j coments/ responses to cuestions related to 01.

I

22. 4/22/85LETTERfm.W.Dircks(E00)toTrott,respondingto3/18/85

, Letter.  ;

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23. 7/10/S5 HOUSE APPROPRIATIONS COMMITTEE REPORT (H.Rept. 99195) to  !

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J accompany FY 1986 Energy and Water Development Appropriation Bill,  ;

j with lancasge relating to 01.  ;

i l 24, 3/5/87 LETTER fm Chmn. Zech to Sen. Glenn, with Question 1(E) and j answer attached.  ;

I I J 25. Undated (approx. 4/87) QUESTION / ANSWER prepared by GPA/CA for Chen's l Backup Book re Has Comission ever formally censidered any proposals  !

i to alter O!'s direct reporting relationship with the Comissioners?  !

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! 26. Undated (approx. 4/87) QUESTION / ANSWER prepared by GFA/CA for Cten's  ;

Backup Book re What have been the principal Congressional criticisms .

{ of O!?  !

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27, 4/9/87 TESTIMONY of Chmn. Zech before the Senate Cemittee on '

Goverr. mental Affairs re INSPECTOR GENERAL AND OThER MATTERS. I 28, 1/21/88 LETTER fm Senators Stafford, Burdick, Simpson and Breaux to i Cten. Zech, re reporting status of O!. l t,

t 1 29. 1/28/88 LETTER fm Senators Glenn and Roth to Cinn. Zech, re reporting  !

status of 01. I i

i i 30, 1/29/88 LETTER fm Zech to Senators Stafford, Burdick, Simpson and  !

Sreaux, re reporting status of O!.  ;

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UNITED STATES

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March 1, 1988

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j The Honorable Philip R. Sharp Chairman '

Subcommittee on Energy and Power I Committee on Energy and Commerce United States House of Representatives Washington, D. C. 20515 i

Dear Mr. Chairman:

I am responding to your letter of February 5, 1988, concerning the reorganization of the Office of Investigations. I hope !

can clarify what the Commission has done and the reasons for its decision. c As we stated in our letter of January 29, 1988, our actions to ,

date have been designed to initiate implementation of the directive con,tained in the Statement of Managers accompanying the Continuing Resolution for FY 1988. That language directed us to corsolidate our inspection and examination organizations 4

under the Executive Director for Operations. It is our belief ;

that the conferees intended the Commission to comply with their t directive, and we have taken steps to do so. We recognize that  :

) various other proposals on this subject are pending Congressional action, but they have yet to be enacted, and the i

Commission is not in a position to predict when such action ,

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will occur. Should the Congress adopt a different course i i

in the future, we will comply with whatever legislative -

a solution ultimately emerges, l

In your letter of February 5,1988, you reiterated the earlier request of Chairmen Udall, Dingell, Gejdenson, and yourself i that we take no action to consolidate 01 and the EDO offices J

! until your Comnittees had an adequate opportunity to review the impact of the reorganization. The Office of Investigations 6

continues to exist as a unit and to function as it did before. .

l except that it now administrative 1y reports to the Office of l the Executive Director for Operations instead of directly to I the Commission. This is a measure intended to comply with the l spirit of the directive in the Statement of Managers while we 1 study the best means of implementing that directive. We have established an 01 Organization Review Group for this purpose, which we expect will complete its work in the near future.

Until the Review Group's report is complete anJ the Commission has reviewed that report, we will not make further i ~ organizational changes to consolidate O! and the E00 offices.

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I One of the goals of the Review Group is to determine whether a more efficient and cost effective utilization of staff resources is possible, while continuinti to assure the j independence and quality of the invest'gative review functions.  ;

To the extent that costs are identified, they will be included in the Review Group's report. What we can say is that the cost
of implementing the change in the reporting status of 0! has  ;

been negligible. They are principally the costs associated J

with notifying the NRC staff, the Congress, and the public. ,

j Costs associated with the operation of the Review Group are also expected to be minimal, probably less than the cost of one Aalf of one FTE. We will be pleased to provide a copy of the i i Review Group's report when it is completed.

With regard to your request for documents, we interpreted your l i

l request literally to sean those which describe the effects of i the consolidation directed by the Statement of Managers. Our .

l letter of January 29 enclosed all of the documents related to  !

the action we took to initiate implementation of thet  !

directive. I have asked our Congressional Affairs staff to provide you by separate cover with copies of backgaound 1

documents dating from January 1. 1982 relating to the ,

j organization of 01. I reiterate, however, that these documents '

were not considered by the Commission in taking the action ,

? described in our January 29, 1988 letter.

I Our Congressional Affairs staff is also arranging with your staff for a briefing en this issue, as you requested. It is my '

j hope that this briefing, and the information we are providing, will clarify this matter. l I

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Sincerely. l l

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Lando W. Zec R [h, I

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February 5, 1988 ,

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The Honorabia Lando W. Zech, Jr.

Chairman U.S. Nuclear Regulatorf Commission

{ 1717 N Street, N.W.

W1shington, D.C. 20555 1

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Dear Chairman Zech I I have received your letter of January 29, 1988 responding i

! to a letter written by Chairman Udall, Dingell, Gejdenson and -

myself, concerning your proposed reorganisation of the i office of Investigations. Our letter requested that no such l

action be taken until our committees had an adequate opportunity to review the impact of the reorganization particularly upon the i

l independence and professionalism of the office. 4 i specifically, we wrote l

Before taking any action to consolidate these offices, we request that you provide I our committees with a full briefing on your j

proposed reorganization efforts and how such 1

efforts vould affect the quality or indepen- i dance of NRc's investigative activities. We  !

l also request that you provide the committees  ;

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j vith a cost analysis of the reorganisation j

as compared to your existing structure. .

Finally, please provide our committees with I all Commission documents which discuss the j affects f.,f any such consolidation.

l I appreciate your offer to brief our censittees at a i mutually convenient times I have asked my staff to contact the NRC staff to arrange for the briefing.

The requested cost analysis was not provided, and I renew that request. Your letter provided no documents i

discussing the etfacts of the censolidatien, as requested, j 4 _

. . ~ . _ _ _ _

. o l d  !

i The Menorable Lando W. Iach j February 8, 1988 l

Page Two perhaps the request was unclear. I presume that the l t

Commission has a number of documents which bear upon the  !

issue, including assoranda, transcripts of meetings,  !

correspondence with Department of Justice or the Congress, )

and other materials. We are interested in such documents.

Please review the Commission's files to fully comply with l l

eur request. i l I recognize that you are concerned with comp ying with ,

i the managers' statement on the continuing resolut oe, but I j note that the language does not require that such a reorga-nisation be accomplished immediately, our request is not l

l inconsistent with the managers' statement.

since we wrote to you, the Senate has passed s. Vos, j which would establish an office of Inspector Genersi at the NRC. The debate on the Senate Floor states that a provielen, f l

I which would have placed the office of Invessigations wit.hin t the office of Inspector General, was dropped in anticipation  !'

of the consittee on Environment and Public works reporting legislation which would statutorily establish an independent This indicatian of possible legis-office of Investigations.

lation this year is further evidence that a hasty reorg%nization may be wasteful. I I appreciate your help in resolving this matter.

Sincerety,

',i i , s /

/ Chairman j cct Mon. John D. Dingell Chairman committee on Energy and Commerce Hon. Morris Udall Chairman committee on Interior and Insular Atfairs Hon. sas dejdenson Chairsan Subccasittee en General oversight and Investigations comaittee on Interior and Insular Affairs

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