ML20207M970
| ML20207M970 | |
| Person / Time | |
|---|---|
| Issue date: | 02/11/1999 |
| From: | Merrifield J NRC COMMISSION (OCM) |
| To: | Vietticook A NRC OFFICE OF THE SECRETARY (SECY) |
| Shared Package | |
| ML20207M940 | List: |
| References | |
| SECY-99-002-C, SECY-99-2-C, NUDOCS 9903190316 | |
| Download: ML20207M970 (2) | |
Text
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NOTATION VOTE RESPONSE SHEET l
TO:
Annette Vietti-Cook, Secretary FROM:
COMMISSIONER MERR! FIELD
SUBJECT:
SECY-99-002 - AGREEMENT STATE COMPATIBILITY DESIGNATION FOR NRC EMPLOYEE PROTECTION REGULATIONS Approved Disapproved /
Abstain Not Participating COMMENTS:
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'SIGATURE~ ~P" 2b/
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Entered on "AS" Yes )(
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CORRESPONDENCE PDR
i Commissioner Merrifield comments:
SECY-99-002 requests approval for the staff to take two actions. The first action is to change the Agreement State compatibility classification for NRC's employee protection provisions from a category D ( not required for compatibility purposes) to category C (Agreement States must have the essential elements of these NRC regu!ations in their State regulations). The second action is to require the Agreement States to upgrade their Form 3 (employee notification requirements) to the current Department of Labor (DOL) requirements. Subsequent to the SECY paper, the staff offered an alternative to simply notify Agreement States to remind their licensees of the new DOL requirements. As described in the following paragraphs, I disapprove the staff's current plans to change the compatibility requirements to category C and I approve the staff's supplemental request that the Agreement State licensees be reminded of the new DOL wording on the Form 3.
First, both NRC and Agreement States are covered under the Energy Policy Act of 1992 section 2902 requiring employee protection for nuclear whistleblowers. The DOL has the responsibility to investigate and provide personal remedy in cases of discrimination against personnel who raise safety concerns to regulators. In addition, the NRC has independent authority under the Atomic Energy Act to take enforcement actions against licensees and contractors who violate requirements which prohibit discrimination against employees based on their engaging in protected activities. Until now, the NRC regulations concerning employee protection have not been required for Agreement State compatibility. However, the staff now believes the essential elements of the NRC employee protection regulations should be required of the Agreement States because the lack of such elements, in some States, threatens to jeopardize an orderly pattern in the regulation of agreement material on a nationwide basis. However, the staff offers this conclusion with no demonstrated evidence of actual problems where employees in Agreement States are harmed by a lack of consistent regulations in this area. Absence such data, I do not approve the staff's request. The process of modifying regulations in multiple Agreement States is custly in terms of State resources and should not be taken without ample justification, particularly in an area where protection is already provded by another regulation.
However, if the staff believes, either now or at some time in the future, that there is ample evidence of harm to employees of licensees in Agreement States due to a lack of consistent regulations for employee protection, I will be willing revisit my decision.
I agree that there is no harm in notifying Agreement State licensees that they should be aware of new DOL requirements for the wording on the Form 3 which describes employee rights and protection. DOL has the led on the wording of the Form 3 and the Agreement State licensees are already required to conform to DOL regulations in this area.
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o UNITED STATES f
NUCLEAR REGULATORY COMMISSION i
g WASHINGTON, D.C. 20555-0001 March 12, 1999 OFFICE OF THE SECRETARY MEMORANDUM TO:
William D. Travers Executive Director for Operations I
FROM:
Annette Vietti-Cook, Secretary
,4
SUBJECT:
STAFF REQUIREMENTS - SECY-99-002 - AGREEMENT STATE COMPATIBILITY DESIGNATION FOR NRC EMPLOYEE PROTECTION REGULATIONS The Commission has disapproved the staff plans to designate 10 CFR 19.20,30.7,40.7,61.9, and 70.7 as compatibility category C for Agreement States. The Commission has not objected to notifying the Agreement States that their licensees should be reminded of the new Department of Labor requirements for informing employees of employee rights and protection and of the Occupational Health and Safety Administration (OSHA) form "Your Rights Under the Energy Reorganization Act" posting requirements.
If the staff believes, now or at some time in the future, that there is a regulatory performance gap that puts Agreement State licensee employees at a higher risk than NRC licensee employees as a result of the present compatibility category, this information should be provided to the Commission to revisit this decision.
cc:
Chairman Jackson Commissioner Dieus Commissioner Diaz Commissioner McGaffigan Commissioner Merrifield OGC CIO CFO OCA OlG OPA Office Directors, Regions, ACRS, ACNW, ASLBP (via E-Mail)
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