ML20205L179
| ML20205L179 | |
| Person / Time | |
|---|---|
| Issue date: | 02/23/1999 |
| From: | Merrifield J NRC COMMISSION (OCM) |
| To: | Vietticook A NRC OFFICE OF THE SECRETARY (SECY) |
| Shared Package | |
| ML20205L155 | List: |
| References | |
| SECY-99-043-C, SECY-99-43-C, NUDOCS 9904140171 | |
| Download: ML20205L179 (2) | |
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NOTATION VOTE l
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RESPONSE SHEET i
TO:
Annette Vietti-Cook, Secretary l
FROM:
COMMISSIONER MERRIFIELD
SUBJECT:
SECY-99-043 - ORGANIZATIONAL CONFLICT OF INTEREST REGARDING DEPARTMENT OF ENERGY LABORATORIES
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Approved Disapproved Abstain Not Participating COMMENTS:
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SIGN 4TtfRE
/M d>A, DATE Entered on "AS" Yes No l
9904140171 990412 T
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Commissioner Merrifield's Comments on SECY 99-043 l approve of staff's proposal to use the existing waiver procedures to deal with conflict of interest (COI) considerations related to DOE laboratories. I also concur with Commissioner Dicus' comments. Particularly, I support the monitoring of issued waivers to determine whether a noticeable increase in the number of waivers occur. Based on staff's market research they determined that under current COI procedures, there could be a significant increase in the use of the waiver procedures. This could give an inappropriate and false perception of NRC holding DOE to a lerser standard for COI. In the end, the legislative proposal (alternative 2 in SECY 98-003) may po ve to be a more prudent alternative.
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April 12, 1999 OFFICE CJ THL SECRETARY MEMORANDUM TO:
William D. Travers Executive Director for Operations FROM:
Annette Vietti-Cook, Secretary
SUBJECT:
STAFF REQUIREMENTS - SECY-99-043 - ORGANIZATIONAL CONFLICT OF INTEREST REGARDING DEPARTMENT CF ENERGY LABORATORIES The Commission has approved the staff's proposal to use the existing waiver process to address Conflict of Interest concerns and continue to apply NRC's current COI procedures to the work the DOE performs for the NRC. The Commission is concerned that its research, evaluation, and support needs be met, and therefore wants to be notified if and when the staff thinks that the agency cannot meet its operational needs within the confines of sec.170A of the AEA. Paragraph 170A.b.(2) of the Act requires, among other things, that the contract, agreement, or arrangement with a party facing a conflict of interest include " appropriate conditions.. to mitigate" the conflict. If the staff finds that it is having difficulties meeting this latter requirement in cases where the best interests of the U.S. would be served by placing work with nationallabs that face conflicts of interest, the staff should:
1.
Promptly notify the Commission, and 2.
Prepare options for proposing legislative changes to amend the Atomic Energy Act to address this issue.
In any future legislative package addressing extemal regulation of DOE,' e staff should discuss whether it anticipates that it will have difficulty mitigating conflicts that may arise by placing work with nationallabs. If the staff anticipates difficulties, it should recommend whether the Commission should seek legislative options, including any previously considered by OGC or the staff, to address conflicts of interest, or whether other options would be preferable.
M"Q n h //s A l 1R O
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e cc:
Chairman Jackson Commissioner Dicus Commissioner Diaz Commissioner McGaffigan Commissioner Mernfield OGC ClO CFO OCA OlG OPA Office Directors Regions, ACRS, ACNW, ASLBP (via E-Mail)
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