ML20216F244
| ML20216F244 | |
| Person / Time | |
|---|---|
| Issue date: | 08/08/1997 |
| From: | Mcgaffigan E NRC COMMISSION (OCM) |
| To: | Hoyle J NRC OFFICE OF THE SECRETARY (SECY) |
| Shared Package | |
| ML20216F208 | List: |
| References | |
| SECY-97-156-C, NUDOCS 9709110194 | |
| Download: ML20216F244 (2) | |
Text
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4 NOT ATION VOTE RESPONSE SHEET TO:
John C. Hoyle, Secretary FROM:
COMMISSIONER MCGAFFIGAN
SUBJECT:
SECY-97156 - APPLICATION OF FEDERAL GOVERNMENT-WIDE CONFLICT OF INTEREST REQUIREMENTS AND NRC ENFORCEMENT POLICY ON LICENSEE INTEGRITY ISSUES TO AGREEMENT FTATE PROGRAMS d
Approved X "U.v Disapproved Abstain Not Participating Request Discussion i
.i COMMENTS:
See attached comments.
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i SIGNATURE "L'(l N
Release Vote / C /
DATE Withhold Vote /
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Entered on "AS" Yes I No l
l 9709110194 970903 RES ONDEN E PDR
COMMISSIONER McGAFF]GAN'S COMMENTS ON SECY-97 156:
I strongly believe that the existence and implementation of conflict of-interest (C01) requirements for State employees involved in Agreement State regulation _have a direct bearing on the adequacy of an Agreement State's program.
When we relinquish our regulatory authority to an Agreement State.
we rely on the Agreement State employees to protect public health and safety
~
by licensing and regulating in an honest and completely objective manner.
In the absence of State C01 requirements implemented and enforced, our reliance on Agreement State employees to objectively regulate to protect public health
=and safety may be misplaced and is certainly called into question.
Accordingly, on issue 1.-I agree that we should proceed promptly to determine whether all Agreement States have COI requirements and inform the Agreement States of the Commission's preliminary view that C01 issues are relevant to (the adequacy of an Agreement State program.
I also believe consideration should be given to reviewing COI rules and their enforcement routinely under IMPEP rather than addressing them only "as they arise on a case-by-case basis."
On issue 2. I agree with the staff's proposal to develop internal guidance on NRC's handling of integrity and wrongdoing issues involving Agreement State officials and suggest that question one on page 5 of the paper be expanded to ask whether the integrity issue has, or has the potential to have. an impact on the adequacy of the current program.
Finally, on Issue 3. I agree with the staff's proposal to designate the wrongdoer rules in 10 CFR 30.10. 40.10. and 70.10 (which authorizes the regulator to take needed enforcement actions against unlicensed individuals) as compatibility category C.
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g ' s September 3, 1997 ca sics as is ON ',. c,
h-S t C R C T A f4 v V^
i MEMORANDUM TO:
L, Joseph callan
.i'e Di ector for Operations Exec f [e-(
FROM:
Joh C.
Hoyl secretary
SUBJECT:
S FF REQUIREMENTS - SECY-97-156 -
APPLICATION OF FEDERAL GOVERNMENT-WIDE CONFLICT OF INTEREST REQUIREMENTS AND NRC ENFORCEMENT POLICY ON LICENSEE INTEGRITY ISSUES TO AGREEMENT STATE PROGRAMS The Commission has approved the staff's plans to summarize the preliminary recommendations in the subject paper, transmit it to the Agreement States, and make it available for public review and comment.
After receipt and resolution of comments, the staff should submit final recommendations to the Commission for approval.
The Commission also approves staff's plan to contact the Agreement States to confirm that conflict of interest requirements are in place in each Agreement State.
Staff should inform the Commission of the results of the survey and identify any concerns that result from the survey.
Onestion one on page 5 of the paper should be changed as follows.
"Does the integrity issue have an impact on the adequa;y of the current radiation control program, or does it have the potential to have an impact on the ability of the Agreement State to maintain an adequate and compatible radiation control program?"
The staff should also consider and make a recommendatia to the Commission on w'._ther Agreement State conflict of interest ; les and their enforcement should be reviewed routinely under IMPEP rather than addressed only "as they arise on a case-by-case basis."
(EDO)
(SECY Suspense:
4/3/98) 5~ECY NOTE:
THIS SRM, SECY-97-156, AND THE COMMISSION VOTING RECORD CONTAINING THE VOTE SHEETS OF ALL COMMISSIONERS WILL BE MisDE PUBLICLY AVAILABLE 5 WORKING DAYS FROM THE DATE OF THIS SRM.
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