ML20154L608
| ML20154L608 | |
| Person / Time | |
|---|---|
| Issue date: | 03/30/1998 |
| From: | Farrar K NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | Blaha J NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| Shared Package | |
| ML20154K820 | List: |
| References | |
| NUDOCS 9810200015 | |
| Download: ML20154L608 (2) | |
Text
... -.
.-~. _
t 4s.,y UNITED STATES
- p me.
/
NUCLEAR REGULATORY COMMISSION
]
3' y
WASHINGTON, D.C. 20$$5-4001 j
l y.
3 March 30,1998
- .+
~ FFICE oF THE o
. GENERAL COUNSEL MEMORANDUM TO: James LBlaha,' Assistant for Operations Office of Executive D', rector for Operations 1THRU:
. Donald F. Hassel Assistant Gener i un el for Administration -
. Wd$f FROM:
Karl L. Farrar Senior Attorney -
- SUBJECT;:
PROPOSED CHANGES TO MANAGEMENT DIRECTIVE 6.1 in accordance with your request, I have reviewed the suggested changes by the OlG to Management Directive 6.1. The OlG recommends changes to pages 4 and 5 of the Handbook 1
to Management Directive 6.1 to reflect the fact that the OlG."... reports to, and refers issues to the Chairman, and it is the Chairman that responds to OlG." For example, on page 4 of the
.l
~
- Handbook, OlG recommends that the word " Chairman" be substituted for the word
" Commission" in the sentence, "[t]he Commission responds to OlG on recommendations.
directed to the Commission that are contained in draft and final OlG audit reports." Another example at page 5 of the Handbook, OlG recommends that the word " Chairman" be substituted
- for the word " Commission" in the paragraph "[t]he Commission has the final authority for audit resolution.- An intemal audit recommendation is considered resolved when the Commission
. makes a management decision on the recommendation. ' OlG disagreements with responses to
' audit recommendations from audited organizations other than the Commission may be' submitted to the Commission for resolution in accordance with the procedures set forth below."
OlG based its recommendation on a memorandum from Chairman Jackson to the other NRC Commissioners dated August 20,1997. The Chairman's memorandum reviews the inspector
. General Act, as amended, to explain the Chairman's reporting and supervisory authority over OlG. The' Chairman's memorandum states that Section 11(2) of the inspector General Act includes the NRC as one of the twenty four establishments inspector Generals. In addition, the inspector General Act specifies that the inspector General reports to the head of the establishment and "... the Act at section 11(1) specifically provides that the head of the estabhshment is the Chairman of the NRC. " (emphasis added). Moreover, "[t]he Act at section 88 permits the Chairman of the NRC to. delegate the reporting and supervisory authority 1o o.0p other' member of the Commission." (emphasis added). However, the Chairman has reserved this authority and has not exercised a delegation of authority in this area. Furthermore, the Act at Sec. 3(a) states that "[elach inspector General shall report to and be under the general supervision of the head of the establishment involved or, to the extent such authority is
= delegated, the officer next in rank below such head, but shall not report to, or be subjected to
~9810200015 980617 N
n
-POR COf9'18 NRCC CORRESPONDENCE PDR r.A Mf02 00V/5:
a
+
r.
p
- I i
2 I
supervision by, any other officer of such establishment."
Sec.1(a) of Reorganization Plan No.1 of 1980, as amended sets forth the functions of the Commission. These are policy formulation, rulemaking and orders and adjudications. The changes recommended by OlG relate to the reporting and supervisory relationship between the Chairman and OlG. However, to the extent that any of OlG's recommendations on pages 4 and 5 of the Handbook would vest in the Chairman unilateral authority to resolve matters relating to policy formulation, rulemaking or order and adjudications, these are areas within the Commission's authority under the Reorganization Plan. Consequently, we believe the Management Directive should be revised to account for this limitation on the Chairman's authority.
If you have any questions please contact Donald Hassell at 415-1550.
b l
l
!