ML20236J636
| ML20236J636 | |
| Person / Time | |
|---|---|
| Issue date: | 10/29/1987 |
| From: | Hayes B NRC OFFICE OF INVESTIGATIONS (OI) |
| To: | |
| Shared Package | |
| ML20236J492 | List: |
| References | |
| FOIA-87-577 NUDOCS 8711060202 | |
| Download: ML20236J636 (8) | |
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5 For: The Commissioners From:- ~ Ben B. . Hayes , Director, Office of Investigations-
Subject:
10 CFR PART 1 STATEMENT ON FUNCTIONS OF 0FFICE OF INVESTIGATIONS
Purpose:
- To amend the functions of the Office of Investi-gations in Subpart B of 10 CFR Part 1 in accordance with the requirements of the Freedom of Information Act.
Category: This paper addresses a minor policy issue.
Discussion: The Commission, on January 11, 1985, delegated authority to the Office of Invesitgations to issue subpoenas under Section 161c of the' Atomic Energy ,
,- Act of 1954, as amended. The Comission, at that time, directed that notice of this authority be added to the 01 Manual Chapter and to CFR Part 1.
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Ben B. Hayes, ir ctor 1
Office of Inves i ations
Contact:
Polly Schofield, OI DR % l 1
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Action Fue Note an. Return a;M For Cleerence Per Conversation As Roeweeted For Cor,setion Propero Repey eneculate For Your Information See Me I
investigate Signature
[ Domment Coordination Justl%
REMARKS ,
Previously,I had told William Hutchinson of your staff that I would complete the work remaining on this amendment needed for Federal Register publication. However, because we did
'make some changes in'the package, I am sending it back for you to review. If you approve the package, please sign the memorandum to transmit
.it to the Office of the Secretary for Federal.
Register publication.
ate of publication Also enclosed for your signature (please leave' issued for this undated) are the Congressional letters for this rule. Please send the letters with the unsigned
, copy of the att. ached Federal Register Notice g infonned, to OCA. Please have the member of your staff who is 7086, oO Efpgig gis pac agcgl t n gy e.ee- .n. eimaer .etione FRold: (Name, erg. .,. ' ' " - .
O Room No.--Olds.
-J. M. Felton, T 4000 MNBB Division of- a d Reco'r s %g, tions Office of Admin ration , 27211 sost-act OPTIONAL F0ftM 41 (ftev. 7-76)
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Georganna Ramnling, OCA fo.r A 5'7'?
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DO NOT WRITE ON THIS COVER AS IT IS INTENDED FOR RE-USE 7 L___ RETURN IT WITH THE FILE COPlES TO ORIGIN AT1NG OFFICE
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.U.S.' NUCLEAR REGULATORY COMMISSION
, . NRC MANUAL
$ J LVolume: 00001 Genera 1' Administration
'01 L _
Part ,: l0100 Organization-1 V ,
CHAPTER '0119 L ORGANIZATION, AND- FUNCTIONS j OFFICE OF INVESTIGATIONS 1
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0119-01' SUPERVISION.
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/ HThe ' Office'of'. Investigations is under the supervision.of a Director who reports'
, 'to the. Commission'. .!
0119402 : FUNCTIONS -
The ? Office of ' Investigations 1(01) conducts .and supervisesc NRC investigations m }'of:: allegations ;of1 wrongdoing by licensees, . applicants, and - their contractors 3
and; vendors; and assures the quality.of. investigations. 01 does not conduct Y Investigations of NRC ~ employees or NRC . contractors. Specifically, the- Office. j of investigations: j 1
-021; Ldevelops ' policy, procedures, and quality: control standards for the'
.t conduct of all 01 -investigations. ;
022 plans,' coordinates, directs, ~and ' executes- administrative affairs of lthe Office.
023. . maintains current awareness ' c,f inquiries: and inspections' by other agency' offices to identify the need for investigations.
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024 . keeps Commission : and ; involved NRC Offices currently appHsed ' of matters under ' investigation as theyl affect public health and safey,- the
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.~ common defense and ' security, environmental quality, or the antitrust ~ laws. i Keeps . Commission L currently. apprised of information developed relative' to j functions ' performed. by other Offices. Similarly keeps involved NRC Offices h apprised when disclosure of that . Information - will not compromise an. 'I investigation. 'Provides final ~ reports' to the EDO and appropriate Regional Administrator who may be required to take action as a result of the findings. ;
- 1 025 . makes appropriate referrals to the Department of Justice.
.- w -026' maintains liaison with other agencies and organizations to ensure the i i timely exchange' of information of mutual interest.
f 027 . issues' subpoenas.after review by the Office of the General Counsel e under1 Section 161c of the Atomic Energy Act of 1954, as amended, where necessary or appropriate for tne conduct of investigations.
028- carries out any other functions assigned by the Commission.
m Approved: February 23, 1986
$ 903 A --87-577
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ORGANIZATION AND , NCTIONS OFFICE OF INVESTIGATIONS NRC-0119 05 0119-05 REDELEGATION OF AUTHORITY BY THE DIRECTOR The Director may, except where expressly prohibited, redelegate to others authority delegated by this or other official directives or communications, subject to the limitations stated below and such other stipulations as are deemed necessary:
051 such redelegation must be in writing, and copies must be filed with the Secretary of the Commission, the Genert.l Counsel, the Executive Director for Operations, the Executive Legal Director, and the Directors of the Offices of Administration and Resource Management.
052 the Director, must stipulate any limitations on further redelegations of authority. ;
0119-06 ORGANIZATION STRUCTURE AND INTERNAL ASSIGNMENTS An organization chart showing internal organization of the ' Office and a statement of functions of the subdivisions of the Office are issued by the Director as Appendix 0119,. Parts I and ll.
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l Approved : February 23, 1986 l
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ORGAN'l2ATION AND FUNCTIONS
. OFFICE OF INVESTIGATIONS NRC Appendix 0119 l-i PARTl ,
ORGANIZATION CHART i
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l Director l :. , -
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C Deputy, Director ;
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Directors, 01 Field Offices j
Approved: February 23,1986
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,, lOFFlEIEisUE5f[Gkk[ON5 NRC Appendix 0119
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PART 11
. DISTRIBUTION OF FUNCTIONS
~A. THE DIRECTOR manages and directs the conduct and supervision of NRC investigations and assures their quality within the scope of of authority by developing policy, procedures and quality . control measures' for the ;
investigations; assures that an adequate number of qualified and tralned.
- professional investigators ' are available; maintains' current awareness of Commission inquiries; and inspections'in. order to advise the Commission,
-the EDO, or. Regional Administrators -of the - need . for investigations; assures thatuappropriate Commission principals are promptly informed of investigative lmattersJ having safety.. implications; and makes appropriate referrals to the Department of Justice.
B. 'THE DEPUTY DIRECTOR.: assists -the Director : In the accomplishment. of Office- functions, and oversees direction of management activities related. !
to the Office's ' assigned mission; during the absence of the Director,' acts '
forithe Director with' full'and complete responsibility for the activities of:
the - Office; directs- and . supervises Headquarters investigators . and Directors of .Ol' Fleid Offices, monitors ongoing investigations to ensure conformance with Ol' investigative policy ,and procedures,' to identify safety issues raised 'during . Investigations, and to-identify circumstances.
. warranting referral to . the Department of - Justice; through operations !
officers,: provides. day-to-day advice and counsel . to Field. ' Offices -
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' regarding . Investigative' matters; . and ' implements. , office - investigative control programs 'and recommends modifications thereto. -
g C. DIRECTORS, Of FIELD OFFICES, ' conduct . and supervise investigations and assure their quality within .the geographic limits of the NRC Regional
' Offices with which they are co-located; ensure that the Director, Oi, and ,
the Regional Administrators are fully and currently informed of significant investigative' matters affecting IE inspection programs or . the Regions; maintain current. awareness of inquiries and inspections within the Region l where .they are. co-located to . identify the need for and recommend investigations; establish and maintain effective liaison with other agencies and organizations within their areas of concern.
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l 1 Approved: February 23, 1986
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IV. AGENCY SUBPOENAS I- A. EVENT: The following may issue an administrative subpoena:- (Sample at Exhibit IV-A.)
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- 1. - Executive Director for Operations, !
- 2. Director, Office of Inspection and Enforcement, 3.- Regional Administrators, i
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- 4. Director.of the Office of Investigations,
- 5. A designated presiding officer, ,
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'6. Chairman of the Licensing Board,
- 7. . The Chief Administrative Law Judge, or l 8. Other designated officer.
l RESPONSE: -
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- 1. None :
AUTHORITY: 42 U.S.C. 5 2201(c) (1973) (section 161(c),
Atomic Energy Act); SECY-82-239; SECY-84-417; 10 C.F.R.
.5 2.720 (a) (1985).
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FoIA-67 511
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L NUC1 EAR RECULATORY, COMMISSION i 0 In the muteur of:
GENE 1%!. NBLI; #TILITIES NUCLEAR -
. (Three Mile Island Nuclear Genera
- ting % DOCKET No. 50-289 Station , Units 1 and 2) ' .
50-320 TO hugh A. McGovern, be. *
, 2805 Pineford Drive;
'Middletown, PA 17057. - i YOU ARE HEREBY COMMANDED to appess' , pursuant to 161(c) of the Atomic Energy.Act as 5eeDd'ede. at the Amertemns Mnd Tnn fanns Enni D r,1 ' 4adle Road g, g ,g Harrisburg, Pennsylvania 17111 on th, 20th Any of Esntember 19 m_1.
,, 1. nn ndM P. M.
before investigators of the United. States Nuclear Regulatory Cosnistion's Office of Investigations and give testimony concerning'yciuF knowledge of the facts surrounding' the alleged falsification of Rearto'r" Coolant System i Leak Rate Test Data at the Three Mile Island Nuclear Generating Station .-
and bring with you any records in your possession regardi'ng Reactor Coolant System Leak Rate Test Dat.a at tha:1hree Mile Island Nuclear l Generating Station. .
'f.'..t. A.D :.Q ,
Dr. Thomas E. Hur ey..e Regional . Administrator, Region I REQUESTED BY:. .
R. 7,. Chr14topher, Director September 12 i, B3 0ffice of thvestications field Office Region I l
_63b park Avenue .
i ving as oc.netinf DA 10406-en (?15) 337-5305
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On mt{qn adt.>rwptly,. and in' any event at or befoie the time specified in the subpoena for compliance by thie. person to whom the subpoena is directed, and on hotice to the party at use instance tas subpoena was issued, the Comission may (1) quash or modify the subpoena if it is u' unreasonable or requires evidence not relevant to any matter yin issue, or (2) condition denial of the rotion on just and reasonable terms. Such motion should be directed to the Secretary of the Ccemission, )lashington, D.C. 20555.
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