ML20215L293
| ML20215L293 | |
| Person / Time | |
|---|---|
| Issue date: | 06/01/1987 |
| From: | Zech L NRC COMMISSION (OCM) |
| To: | Glenn J SENATE, GOVERNMENTAL AFFAIRS |
| References | |
| NUDOCS 8706260003 | |
| Download: ML20215L293 (2) | |
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o UNITED STATES NUCLEAR REGULATORY COMMISSION
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WASHINGTON, D. C. 20555
,d June 1, 1987 CHAIRMAN The Honorable John Glenn, Chairman Committee on Governmental Affairs United States Senate Washington, D.C.
20510
Dear Mr. Chairman:
On May 18, 1987, Mr. Ben B. Hayes, Director of the NRC.'s Office of Investigations (OI), sent you a letter containing suggested changes to S.908. Mr. Hayes' suggestions would add 0I to the statutory inspector general office proposed in S.908. Although a majority of the Commission continues to believe that a statutory inspector general for the NRC is unnecessary, we recognize.that there is considerable support for this idea in the Congress. However, if the Congress decides to establish a statutory inspector general for the NRC, the Commission does not support inclusion of OI in such an office.
1 Mr. Hayes' letter makes several arguments in support of his suggestion.
The most persuasive of these is that inclusion of OI in an Inspector-j General Office would provide the greatest protection for the independence of 01. The Commission also acknowledges that it nay be easier to attract-high quality investigations personnel to an inspector general office. The Commission also believes that the inclusion of 01 in a statutory inspector general office is an. approach which could be made to work. However, the Commission has considered the issue.of including OI within the inspector general office and, on balance, has unanimously concluded that it would be best for OI to continue to report to the Commission.
The primary reason for the Commission's conclusion is the difference in the functions of 01 and 0IA. OIA is an internal watchdog for the~ agency.
1 Since it reports on and investigates the agency itself, the more independent it is of control by the agency, the more likely tha.t it will be seen as a truly credible reviewer of agency actions or inaction. Thus,.
transfer of the functions of OIA to an office of a statutory inspector general has some justification.
The jurisdiction of 01, however, involves investigating licensees, applicants, and vendors - all entities outside of the NRC. As 01 acknowlede6s, this is not the normal function of an inspector general office.
In his letter, Mr. Hayes attempts to blur.this clear distinction between the functions of OIA and of OI. He also argues that there are'some cases where an integrated 01A/01 investigation would be useful. While it is certainly true that 01 sometimes uncovers information which should be 8706260003 870601
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investigated by OIA, that information is easily referred to 0IA or to an inspector general. Although there might be some delay caused by the transfer,,it is no more than if any other NRC office discovered the information and referred it to 0IA for followup. There are also cases where an integrated. investigation would be useful or more efficient.
However, those cases are the exception rather than the rule and can be accommodated with a separate office structure. Therefore, the Comission does not believe that these few cases justify combining the two offices.
Most importantly, 01's responsibility for uncovering wrongdoing by licensees is an integral part of the Commission's safety function. The Commission believes that retaining the Commission's authority to set priorities for investigations and to focus 0I on areas of most concern is the best way to ensure the enforcement process is carried out in a timely and effective manner. While OI has performed quite well as an office independent of the NRC staff for the past five years, the Commission believes that there is a significant difference between being independent of the NRC staff, but still reporting to the Commission, and being independent of the entire agency, including the Commission.
In conclusion, the Commission feels that the independence of OI is_very important. The Comission believes that a -strong, competent, and independent 01 staffed with experienced and professional investigators is necessary to ensure public confidence that the NRC is truly interested in uncovering wrongdoing and in enforcing its regulations. This enhances public trust in the agency, and this is one reason OI reports directly to the Commission. However, the Commission also feels that maintaining the independence of 01 must be balanced with enhancing the usefulness of that office for the Commission's enforcement process. The Commission believes that an independent 01 reporting to the Commission is the best means of accomplishing both of those goals.
Comissioner Roberts did not participate in this action.
Sincerely, o (A/.
Lando W. Zech r.
cc: Senator William V. Roth, Jr.
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