ML20205L187

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Staff Requirements Memo Re SECY-99-043, Organizational Conflict of Interest Re Dept of Energy Labs
ML20205L187
Person / Time
Issue date: 04/12/1999
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-99-043-C, SECY-99-43-C, NUDOCS 9904140173
Download: ML20205L187 (2)


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April 12, 1999 o****

OFFICE OF THE SECRETARY MEMORANDUM TO:

William D. Travers Executive Director for Operations

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FROM:

Annette Vietti-Cook, Secretary

SUBJECT:

STAFF REQUIREMENTS - SECY-99-043 - ORGANIZATIONAL i

CONFLICT OF INTEREST REGARDING DEPARTMENT OF ENERGY LABORATORIES The Commission has approved the staffs 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 national labs 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.

i in any future legislat;ve package addressing external regulation of DOE, the staff should discuss whether it anticipates that it will have difficulty mitigating conflicts that may arise by placing work with national labs. If the staff anticipates difficulties, it should recommend whether the l

Cor.lission should seek legislative options, including any previously considered by OGC or the l

sta,,', a address conflicts of interest, or whether other options would be preferable.

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cc:

Chairman Jackson Commissioner Dicus l

Commissioner Diaz l

Commissioner McGaffigan l

Commissioner Merrifield OGC CIO CFO vCA l

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

PDR DCS

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