ML20210R585

Informs That Commission Considered Recommendations of Oeld Ofc of General Counsel in SECY-85-33 on Brown & Root,Inc Vs Donovan Re Employee Whistleblower Protection.Three Recommendations Adopted

ML20210R585
Person / Time
Issue date:	03/06/1985
From:	Chilk S NRC OFFICE OF THE SECRETARY (SECY)
To:	Dircks W, Plaine H NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO), NRC OFFICE OF THE GENERAL COUNSEL (OGC)
Shared Package
ML20210R558	List: ML20210R554 ML20210R561 ML20210R566 ML20210R572 ML20210R576 ML20210R581 ML20210R585 ML20210R590 ML20210R596 ML20210R597 ML20210R602 ML20210R610 ML20210R616 ML20210R622 ML20210R628 ML20210R636 ML20210R644 ML20210R650 ML20210R655 ML20210R661 ML20210R667 ML20210R672 ML20210R677 ML20210R683 ML20210R689 ML20210R694 ML20210R701 ML20210R707 ML20210R714 ML20210R719 ML20210R723 ML20210R730 ML20210R734 ML20210R741 ML20210R748 ML20210R756 ML20210R761 ML20210R766 ML20210R772 ML20210R776 ML20210R780
References
FOIA-86-56 NUDOCS 8605190094
Download: ML20210R585 (1)

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'o UNITED STATES y

NUCLEAR REGULATORY COMMISSION

1. f WASHIN *. TON, D.C. 20666 March 6, 1985 OFFICE OF THE SECRETARY MEMORANDUM FOR:

William J. Dircks, Executive Director for Operations Herzel H.E. Plaine, Gene Counsel FROM:

Samuel J. Chilk, Secreta

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SUBJECT:

SECY-85 BROWN AND R )O ], INC. V. DONOVAN, SCOPE OF EMPLOYEE WHISTL3 BLOWER PROTECTION UNDER SECTION 210 OF ENERGY REORGANIZATION ACT OF 1974 The Commission has considered and a majority of the Commis-I sioners have adopted the three recommendations of ELD and OGC in SECY-85-33 as a Commission response to the decision by the Court of Appeals for the Fifth Circuit in Brown and Root, Inc.

v. Donovan as follows:

Chairman Palladino, Commissioners Asselstine and Bernthal approved the recommendations.

Commissioner Roberts disapproved and expressed agreement with the analysis of the Fifth Circuit.

Commissioner Zech dis-

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approved recommendations 1 and 2 but agreed with recommen-dation 3, noting in agreement therewith that, "to the extent that 10 CFR 50.7 may be insufficient because of the Court's interpretation of Section 210, consideration should be given to revising it as necessary on the basis of the regulatory authority the agency has under the Atomic Energy Act of 1954, as amended, independent of Section 210 of the Energy Reorganization Act of 1974, as amended."

cc:

Chairman Palladino Commissioner Roberts Commissioner Asselstine Commissioner Bernthal Commissioner Zech Commission Staff Offices 8605190094 860417 PDR FOIA RYAN86-56 PDR i

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