ML20195F765

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Forwards V Stello Draft Memo & Charter Establishing Investigation Referral Board for Review of Investigation Requests to Ofc of Investigations.Review & Comments Requested by 860620
ML20195F765
Person / Time
Issue date: 06/04/1986
From: Sniezek J
NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To:
NRC
Shared Package
ML20150E588 List:
References
FOIA-88-355 NUDOCS 8606130026
Download: ML20195F765 (8)


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[r '**, UNITED STATES l

., [ 7, NUCLEAR REGULATORY COMMISSION in j WASHINGTON, D. C. 20655 '

%,....*/ JUN 4 1986 MEMORANDUM FOR: Addressees FRON: James H. Sniezek Deputy Executive Director Regional Operations and Generic Requirements

SUBJECT:

REQUESTING O! INVESTIGATIONS Enclosed for your review and comment is a draft memo from V. Stello which establishes an ' investigation Referral Board which will be responsible for reviewing all headquarters and regional requests for investigation. The objective of the Board is to assure that the priorities and schedules assigned to investigation requests to O! meet both individual program needs and agencywide regulatory needs. The Board will be chaired by IE and will make referrais directly to the Director 01. While there has been good coordination at the staff level between 01 and the staff, we need to assure (1) that from an agencywide perspective we are only referring those cases to 01 for which there is a regulatory need for the investigation and involve potential wrongdoing and

(?) that we are assigning priorities and' schedules commensurate with the agency-wide need for investigation.

Please review the enclosed letter and charter for the Investigation Referral Board and provide your coments to me by June 20, 1986.

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mes H. Sniezek puty Executive Director legionalOperationsandGeneric Requirements

Enclosure:

Draft Memo VS to 00s and ras cc: V. Stello T. Rehm i B. Hayes l

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Contact:

E. Brach DEOROGR c' l 492-4359 l

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e MEMORANDUM FOR: Addressees FROM: Victor Stello, Jr.

Executive Director for Operations

SUBJECT:

REQUESTING 01 INVESTIGATIONS DEDROGR staff recently surveyed the regions to determine how the process for referring matters to 01 for investigation is working and if there are any problems in coordinating assigned priorities and schedules on requested investigations with 01. The feedback from all five regions was that the

' process is working reasonably well and that differences between the regions and 01 Field Offices on assigned priorities and schedules have been resolved at the regional level without the need for program office involvement. Additionally, the regions indicated that there is very little contact / feedback from the

program offices on assigned priorities and schedules for referrals to 01.

l The purpose of the DEDROGR survey of the regions was to respond to questions l

from Comissioner Zech on the agency's system for referring matters to O! for investigation and how this process is coordinated, in my review of the process i

for referrals to O! and the information gathered by DEDROGR, I have concluded that we need more management attention from an agencpide perspective to assure that the priorities and schedules assigned to investigations meet both I

individual program needs and agencywide regulatory needs. I have decided to establish an Investigation Referral Board to review all regional and headquarters staff requests to 01 for investigation. The Board will be comprised of Deputy Office Directors from NRR, NMSS and IE, the Director ROGR Staff, and the Director and Chief Counsel, Regional Operations Enforcement l

. ,. -2 Division, ELD. The Board will be chaired by the Deputy Director IE and will be chartered to review each proposed staff referral to 01 to assure that there is a regulatory need for the r;equested investigation (for example, enforcement action, resolution of safety problems, or licensing decision), and that the assigned priority for the investigation is connensurate with agencywide needs.

In addition, the Board will periodically review the status of all outstanding requests to 01 for investigation, reprioritize the outstanding referrals, and resolve the reprioritization with 01.

,. Regional offices and Headquarters offices should continue to use the guidelines provided in the Staff Requirements Memorandum of January 10, 1986, SECY 85-369, "Threshold and Priorities for Conducting Investigations" in recomending potential matters for referral to 01, in, reviewing the regulatory need for the investigation, and in assigning requested priorities to each proposed referral.

However, all regional and headquarters requests for investigation should now be forwarded from the requesting Office Director / Regional Administrator to the Chairman of the Investigation Referral Board with copies to the Board members.

Each of the requestors is responsible to assure that there is sufficient information in the request to permit the Board to reach a determination as to whether the matter involves wrongdoing and to whether there is a regulatory need for the investigation. The Board may request additional infore.dtion as may be needed to support the review of requests. The Board will be responsible for the review and referral of all investigation requests directly to 01. In emergency situations, the Regional Administrator shoeld refer matters directly to the Director of the O! Field Office, if in the Regional Administrator's assessment, the matter involves significant public health and safety concerns.

.o . 5 Subsequently, the Regional Administrator should advise the Chat an of the Investigation Referral Board of the referral and background.

This new procedure will be effective J"ly 21, 1986. NRR should revise the draft MC-0517 "Management of Allegations" to include the above changes b the review and referral of matters to 01 for investigation. The Board or any Office Director or Regional Administrator should notify me promptly of any significant problems that may develop.

Victor Stello, Jr.

Executive Director for Operations

Enclosure:

Charter of the Investigation Referrel Board cc: T. Rehm B. Hayes R. Brady, FRR 4

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EBrach DEDROGR cf .

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CHARTER FOR THE INVESTIGATION REFERRAL BOARD I. Purpose A. To review each regional or headquarters request to 01 for investigation to:

1. Assure there is a regulatory need for the investigation and determine if there is a violation of NRC requirements,
2. Determine if th.ere is a reasonable basis for beliei of wrongdoing, ,
3. Review the request in relation to other referrals ta 01 and in relation to agencywide priorities.

4 Assign the appropriate priority (high, normal, low), and

5. Determine the schedule when the results of the investigation are needed to sunport regulatory action.

B. To forward to the Director O! or the Director 01 Field Office, as approprite, all regional or headquarters requests for investigation whir.h have been reviewed and approved by the Board.

C. To , eview periodically the status of all outstanding requests to 01 for investigation, to reprioritize the outstanding referrals, and to

. 2-resolve the reprioritization with 01. Generally, this reveiw thould be perfonned quarterly.

!!. Membership Deputy Office Dire'. tor, IE (Board Chairman)

Deputy Office Director, HMS Deputy Office Director, NRR Director, Regional Operations and Generic Requirements Staff

- Director and Chief Counsel, ROED, ELD If Board members are unable to attend a Board meeting, they should appoint an acting member satisfactory to the Board Chairman to substitute for them.

!!!. Meetings The Board Chairman will be responsible for scheduling and conducting the mee tings . Meetings will generally be held every 2 weeks. Meetings may be held more frequently if the Board Chairwan deems appropriate or as the safety significance of the matter warrants. It is expected that the Board may include regional management, via conference call, in the discussion ar review vi sone of the investigation request.

01 may be asked to attend as deemed appropriate by the Board. ,

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IV. Referrals to 01 The Board Chairman will be responsible for forwarding each request for investigation to 01 following Board review and approval. Copies of the request will be forwarded to headquarters and regional offices as indicated on the investigation requent form.

V. Reports A quarterly status report will be provided to the EDO. The report will summarize the reviews completed during t'e quarter (including the reprioritization of outstanding requests) and will summarize the status of all outstanding requests to 01; identify completed 01 investigations; and identify those reterrals not accepted by 01 and returned to the staff for action. The report should also identify any problems or potential problem areas. Any problems or issues which cannot be resolved by the Board should be brought to the attention of the EDO.

The Board Chairman will be responsible for preparation and dispatch of the ,

status report. Copies of the report to the EDO should be provided to the Directors of NRR, FMSS. IE, ELD, 01, the five Regional Administrators, and the Board members.

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