ML20199B808

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Notation Vote Approving w/comments,SECY-97-146 Re NRC Mandated & non-mandated Activities & Revs to Agency Policy on Performing Reimbursable Work for Others
ML20199B808
Person / Time
Issue date: 08/28/1997
From: Shirley Ann Jackson, The Chairman
NRC COMMISSION (OCM)
To: Hoyle J
NRC OFFICE OF THE SECRETARY (SECY)
Shared Package
ML20199B782 List:
References
SECY-97-146-C, NUDOCS 9711190104
Download: ML20199B808 (3)


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., N_O T A T I O N V O T E RESPONSE SHEET  ;

1 TO: . John C. Hoyle, Secretary l

FROM: CHAIRMAN JACKSON l 1

SUBJECT:

SECY-97-146 - NRC'S MANDATED AND NON-MANDATED ACTIVITIES AND REVISIONS TO AGENCY POLICY ON PERFORMING RElMBURSABLE WORK FOR OTHERS w/ comment ,

Approved X Disapproved Abstain i

Not Participating . Request Discussion COMMENTS:

SEE ATTACHED COMMENTS p/b w

_ Shirley Ann Jackson SIGNATURE Rclease Vote / X / August 28, 1997 DATE ,

Withhold Vote / /

Entered on "AS" Yes X No' 9711190104 971105 PDR, .

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.i l Chairman co.nments on SECY-97-146 I I suppor the staffs criteria foi mandated and non-mandated agency activities because it .

provides the Commission the flexibility.and discretion necessary to conduct NRC activities in support of our mission, to ensure adequate 'protectan of the public health and safety, to --

promote the common defense and security, and to protect the environment. The issue of fee .

recovery while related, is the subject of a separate paper and is ret being considered in this context.

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. The staffs definit 6n of mandated activities provides for a firm basis which undergirds activities conducted by the NRC.. The staff has provided criterion which creates three groupings of NRC a activities.

The first grouping mandates that NRC perform an activity. The underlying charter for the

- mandate includes statute, executive orders, treaties, conventions, or govemment-to- '

govemment agreements which requires NRC to perform an activity, ,

The second grouping mandates that the United States government perform an activity and includes the decision by the Commission that the NRC is the appropriate agency to cany out the mandate to the U.S. govemment. The underlying charter for the mandate includes statute, executive orders, treaties, conventions, or govemment-to-govemment agreements where NRC is deemed to be the appropriate agency to carry out an activity required of the U.S.

Govemment, f

The third grouping characterized as non mandated includes activities for which there is no Statute, executive orders, treaties, conventions, or govemment-to-govemment agreements where NRC is required to perform an activity nor is there statute, executive orders, treaties, conventions, or govemment-to-govemment agreements where NRC is deemed to be the

- appropriate agency to carry out an activity required of the U.S. Govemment.

The Commission must be mindful of oirection / guidance provided to staff in previous staff i

requirements' memoranda and strive for consistency and conformance in support of these i requirements, in the area of intemational activities, the proposed criteria in SECY-97-140 l_ - provides the basis for the Commission to conduct intomational activities of importance and lL benefit to the NRC's domestic mission and/or U.S. national interests as the Commission expressed in DSI-20. The Commission should not be in the position of articulating a preference for the conduct of an activ ty and then provide no foundation for the staff to perform the activity.

I note in DSI-20 on intomational activities, that the Commission reaffirmed the NRC's current policy basis for participation in intomational activities and believes that NRC's intemational -

activities provide important support for U.S. national interests. The Commission further noted that "the NRC should interact with the Executive Branch agencies to seek and subsequently maintain a larger NRC role in intemational nuclear regulatory policy formulation *, in addition, s - the Commission stated that *NRC should assume a larger role in leading the U.S. govemment's

  • f efforts to assist foreign regulators, especially those in the FSU and CEE countries,-in developing their nuclear regulatory programs". In this regard, the Commission must continue

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to recognize the unique contributions that NRC can offer in support of our national interests which ultimately benefd the American public. In addition, the Commission should design its work on the basis for what needs to be accomplished, and not by how much money is available.

We have, and should continue to seek, reimbursable agreements where possible, but also recognize that important work for which NRC has the expertise may be left undone if funding is .

the sole basis for undertaking them.

The Commission must strive to ensure consistency in approach to the conduct of all of NRC's activities. Criteria established in SECY 97140 supports this objective.

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