ML20210T872

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Partially Deleted Memo Responding to 980710 Memo on COMSECY-98-005 & COMSECY-98-005A, Systematic Review of Commission Internal Procedures
ML20210T872
Person / Time
Issue date: 07/17/1998
From: Shirley Ann Jackson, The Chairman
NRC COMMISSION (OCM)
To: Hoyle J
NRC OFFICE OF THE SECRETARY (SECY)
Shared Package
ML20210T312 List:
References
FOIA-98-275 NUDOCS 9908190177
Download: ML20210T872 (6)


Text

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% July 17,1998 CHAIRMAN MEMORANDUM TO: John C. Hoyle, Secretary FROM: Shiriey Ann Jackson Av

SUBJECT:

RESPONSE TO JULY 10,1998, MEMORANDUM ON COMSECY-98-005 AND COMSECY-98-005A; SYSTEMATIC REVIEW OF THE COMMISSION'S INTERNAL PROCEDURES This memorandum responds to your July 10,1998, memorandum on the above topic.

I suggest the following revisions to the revised Chapter I (Commission Responsibilities) of the Internal Commission Procedures that you provided.

On page I-5, a typographical error exists in the first bullet, third line. The citation to the Reorganization Plan No.1 of 1980 should read as follows: (ld., Section 2(b)(3)(,1)).

On the same page, I suggest the addition of a footnote after the third bullet. The footnote should read as follows:

hese M[

A performance award determinations bear on " management poli ," and "[i]t is not unreasonable to conclude that how well senior NRC officials respond to mmi ' n decisions and requirements can be a management policy issue."

sy On page 1-6 (continued on page 1-7), the last bullet, that addresses tasking memoranda, I suggest that the bullet be rewritten as follows:

The Chairman willinformally consult with the Commissioners on tasking memoranda a: conceming policy issues through sharing drafts and obtaining Commission input to b@ ensure that the tasking memoranda are consistent with Commission previous policy

@ determinations, before the memoranda are issued to the staff. Copies of the final ya tasking memorandum will be provided to the Commission at the same time the ,

y memorandum is forwarded to the staff for action.

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NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001

%  ! July 17,1998 CHAM mN MEMORANDUM TO: John C. Hoyle, Secretary FROM: Shirley Ann Jackson a--

SUBJECT:

RESPONSE TO JULY 10,1998, MEMORANDUM ON COMSECY-98405 AND COMSECY-98405A; SYSTEMATIC REVIEW OF THE COMMISSION'S INTERNAL PROCEDURES This memorandum responds to your July 10,1998, memorandum on the above topic.

I suggest the following revisions to the revised Chapter I (Commission Responsibilities) of the internal Commission Procedures that you provided.

On page I-5, a typographical error exists in the first bullet, third line. The citation to the Reorganization Plan No.1 of 1980 should read as follows: (ld., Section 2(b)(3)(j)).

On the same page, I suggest the addition of a footnote after the third bullet. The footnote should read as follows:

hese M['i A

performance award determinations bear on " management policy," and "[i]t is not unreasonable to conclude that how well senior NRC officials respond to om ' ' n decisions and requirements can be a management policy issue."

On page I-6 (continued on page I-7), the last bullet, that addresses tasking memoranda, I suggest that the bullet be rewritten as follows:

The Chairman will informally consult with the Commissioners on tasking memoranda ~'

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conceming policy issues through sharing drafts and obtaining Commission input to b@ ensure that the tasking memoranda are consistent with Commission previous policy

@ determinations, before the memoranda are issued to the staff. Copies of the final yp tasking memorandum will be provided to the Commission at the same time the ,

y memorandum is forwarded to the staff for action.

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On page 1-9, I suggest the inclusion of the followin footnote after the second bulle to - -

provide clarifying languag

[gJ l Specific expenditures from the representation fund must be approved and managed in accordance with the substantive criteria in M.D. 5.4, and any specific expenditures for travel must comport with a ticable rovisions of M.D Travel and the Federal Travel Regulations.

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l have attached a mark up of these proposed revisions.

Attachment:

As stated

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f CHAPTER I - COMMISSION RESPONSIBILITIES

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[ functions, in whole or in part, to any of the other members of the Commission.

/ authority may also be delegated or redelegated, in whole or in part, to the. staf Commission (id., Section 3(b)). To the maximum extent possible under t conditions, the Chairman or other member of the Commission delegate authority shall inform the Commission of actions taken relative to the eme Section 3(o)). Following the conclusion of the emergency, the Chairman rende (ld., Section 3(d)). complete and timely report to the Commission on the The Chairman and the Executive Director for Operations, through the Chairm responsible for ensuring that the Commission is fully and currently informed about ma within its functions (!d., Section 2(c)). The Chairman shall ensure prompt an of original information with any changes thereto, including draft SECYs and preliminary information for development of Section 2(b) proposals and estimates un expressly requested by the Commission. The Executive Director for Operations re for all matters to the Chairman (Ld., Section 4(b)).

In carrying out his or her duties, the Chairman:

e approves the intemal reorganization of offices, except for those that the Commission must approve under Section 2(b) of the Reorganization Plan or .

those that have been delegated to the NRC staff (!d., Section 2(b)(3)[ l Under that Plan, the Commission must approve reorganizations of the m ,

offices within the Commission - a!! offices that report to the Commission as well as NRR, NMSS, and RES, CIO, EDO, and CFO (ld., Sections 2(b)(2)

[ Chairman presents proposed reorganizations to Commission] and 2(c).

[ Chairman is bound by Commission's decisions on reorganization propos e

takes all personnel actions and makes appointments, except for those described above which have been given to the Commission or to individual Commissioners under the Reorganization Plan and those which have been delegated to individual Office Directors by the Commission or to the EDO the Chainnan (ld., Section 2(b));

e ensures that nominations for NRC Distinguished and Meritorious Service  !

Awards, all Presidential Awards, and SES performance awards are submitted to the Commission for' approval; l e

restablishes and appoints members to task forces, except for those )

established by the EDO or Office Directors and those established to review

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, my hbA CHAPTER I- COMMISSION RESPONSIBILITIES h

policy matters. All Commissioners are consulted when task forces involve either policyor highly sensitive matters. Establishment of task forces that include non-NRC employees or advisory committees are approved by the Commission (COMLZ-88-10);

initiates the update of the agency Strategic Plan and the Commission's annual review of the Performance Plan; presents the Strategic Plan, Performance Plan, and budget estimates to the Commission for its consideration; and proposes distribution of appropriated funds according to the Agency's strategic arenas and programs (COMLZ-88-10);

e presents the agency's testimony at Congressional hearings (Section 2 of Reorganization Plan No.1 of 1980);

e approves contracts that the EDO has not been authorized to award (contracts in which aggregate estimated costs are $3,000,000 or more, l including base and option years) (COMLZ-88-10). Copies of a formal request to the Chairman for approval shall be submitted simuitaneously to the Commission; I

e advises the Assistant Secretary or appropriate Office Director regarding initial decisions on FOIA requests for documents submitted by the Commission-level offices or by the EDO to the Commission. Documents determined by OGC to be legally withholdable require Commission approval prior to release (COMLZ-88-10);

makes decisions relative to the administrative and logistical support services for the agency, including physical consolidation of the agency and individual offices. Commissioners must approve matters that directly affect their individual offices (COMLZ-88-10);

  • / '  : - v ,w4ng as CHAPTER I - COMMISSION RESPONSIBILITIES the staff.to defer action until a majority of the Commission has determ whether the tasking memorandum should-go-forward; and it is the Commission's recommendation that, whenever the Chairman is outside the United States, the Chairman exercise his or her authority Section 201(a)(1) of the Energy Reorganization Act of 1994 to designa Acting Chairman. The Commission recommends that the Acting Chairm be the most senior Commiss' e Chai r available at Head uarters for '

n's tri "abr Individual Commissioner Responsibilities

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Each Commissioner shall appoint, remove, and supervise the personnel in his or her immediate office (Reorganization Plan, Sectidn 1(c)).

Each Co~mmissioner, including the Chairman, has equal responsibility a in all Commission decisions and actions, has full and equal access to all information pertaining to Commission responsibilities, and has one vote (

Reorganization Act Section .201(a)(1)). Except fpr budgetary matters or administrative matters for which the Chairman is specifically responsible developing proposals for Commission review, documents, including draft L dowments, t imultamously.

will be provided to all Commissioners, including the Chairman, The Chairman and the Executive Director for Operations, through the Chairman responsible for ensuring that Commissioners are fully and currently informed about matters within the Commission's functions (Reorganization Plan,~ Section . 2(c)

Signifi. cant individual Commissioner requests for information~or analyses from NRC staff shall be directed by Commissioners to the Chairman or to the ED CFO, or Commission 4evel offices (action offices) with copies to the Chairman and SECY. After receipt of the request, if questions of priority arise because staff has identified the reqtiast as requiring significant resources to fulfill, the action office is to discuss the request with the Commissioner who originated it. The purpose of that discussion is to ensure that the scope of the request is fully understood. Follo that discussion, if the Commissioner or the action office still believes there is an issue regarding either the nature of the request or its priority, the action office

. notifies the Chairman. The Chairman will then be the initial arbiter of the matter, if the Chairman's decision is not satisfactory to the Commissioner making the request or the action office, that Commissioner or the action office can then bring I-7

g6 CHAPTER I -- COMMISSION RESPONSIBILITIES ,

preference over the Chairman if doing so will prevent the Chairman from meeting the minimum goal established above of participating in one full participation exercise each calendar year, or from sitting as Director of the Executive Team for the infrequent full field exercise. Timely interest in pasticipation in emergency exercises

will normally be expressed in Agenda Planning meetings. Once scheduled to )

partigipate in an exercise, no Con.ir.bsioner will be involuntarily replaced as head of the emergency exercise executive' team. In the event a Commissioner becomes unavailable after scheduling, AEOD will be responsible for contacting Commissioners to determine interest and availability of other Commissioners (COMNJD-98-002).

e Each Commissioner including the Chairman may maintain office working files to the extent necessary for the conduct of daily business. The Secretary, as the Commission's official record keeper, also maintains a full set of Commission-level files for ready reference by Commissioner offices. The Office of the Secretary also provides an opportunity for storage of Commissioners' personal files upon expiration of his/her term of office as defined in NRC Management Directive 3.53, Part IV.

The CFO shall allocate funds to each Commissioner's office for travel and representational expenses which will be approved by the Commission as part of the process fach Co missio er's- illt k.th 'rjndividualex nditure , -

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Aruswpp g 'Comniiission Adminislialive Proceduies~ T /

g Jin order to perform its business efficiently and expeditiously, j7/v the4Com hgs gestablished mechanisms for obtaining information and for conducting its decision-makin g/ /s activities. The following chaptem of this booklet describe the various Commission i

guidelines and procedures. In accordance with these procedures, when due dates are

' established, the Commission must be given the full allotted time established for response.

Items received later than 10:00 a.m. will not be considered as a full day for purposes of responding to the requested action. Guidelines and procedures for the conduct of j business requiring action by the Chairman are established by the Office of the Chaimian.

l Guidelines and procedures relating to the flow ofinformation to the Commission shall be '

approved by the Commissionc CHAPTER 11 describes the decision documents utilized by the Commissioners and the staff to obtain Commission consideration, guidance, and decisions.

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