ML20205H750

Staff Requirements Memo in Response to EDO Memo Re OIG Inquiry,Case 99-01S & Remaining Issues from SECY-98-292.Commission Approved C/As Described in EDO Memo

ML20205H750
Person / Time
Site:	Millstone
Issue date:	04/06/1999
From:	Vietticook A NRC OFFICE OF THE SECRETARY (SECY)
To:	Travers W NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
References
REF-10CFR9.7 SECY-98-292-C, NUDOCS 9904090063
Download: ML20205H750 (2)

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OFFICE OF THE April 6,1999 asosseeemseeeeeeesoseeea SECRCTARY MEMORANDUM TO: William D. Travers Executive Director for Operations FROM: Annette Vietti-Cook, Secretary <

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SUBJECT:

STAFF REQUIREMENT 9 IN RESPONSE TO EDO MEMORANDUM DATED JANUARY 27,1999 REGARDING OlG INQUIRY, CASE NO.99-01S AND REMAINING ISSUES FROM SECY-98-292 The Commission has approved the corrective actions described in your memorandum to the Commission dated January 27,1999. As noted in the SRM on the Millstone independent Review Team report, notwithstanding a DOJ request not to transmit an 01 summary and conclusion for a case sent for prosecutorial review, the 01 summary and conclusion should be prepared at the time the 01 case report is assembled and, once the case is returned from DOJ, made a part of the 01 report so as to be available as an aid in determining whether agency enforcement action is appropriate. Further, any future recommendations based on a cost-benefit argument need to be supported by explicit consideration of the estimated costs and benefits. Age alone should not be used as a reason not to pursue further action in such cases.' , -

However, the staff is not prohibited from recommending in a given case that the case should not //

be pursued because the information necessary to prosecution of the case and defense against /0 the prosecution is not available (e.g., witnesses are not available or cannot be located).

As part of the broader, consultant-assisted assessments of the enforcement and investigation programs, discussed in your January 27,1999, memorandum, the staff should consider what g((g additional actions are needed, if any, to bring about more timely conclusions in the enforcement process. In particular, the staff should consider wheiner there is a need to make any changes in the current MOU with the Department of Justice.

'Even in cases for which the statute of limitations has expired, staff should remain mindful of the fact that only the ability to impose a civil penalty is affected. Other regulatory tools (e.g, Orders, Notices of Violation) may be appropriate and called for in cases for which the time has expired under statute of limitations.

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9904090063 990406 PDR LOCFR PT9.7 PDR 0s,30 C

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. cc: Chairman Jackson Commissioner Dicus

. Commissioner Diaz Commissioner McGaffigan Commissioner Merrifield i OGC 1 cio CFO OCA i OlG

l. OPA Office Directors, Regions, ACRS, ACNW, ASLBP (via E-Mail)

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