ML20238C205
| ML20238C205 | |
| Person / Time | |
|---|---|
| Issue date: | 12/08/1987 |
| From: | Zech L NRC COMMISSION (OCM) |
| To: | Breaux J SENATE |
| References | |
| NUDOCS 8712300120 | |
| Download: ML20238C205 (2) | |
Text
.
'o UNITED STATES g
8 NUCLEAR REGULATORY COMMISSION o
{
WASHINGTON, D. C. 20555 k.....,o/
December 8, 1987
.l CHAIRMAN 1
The Honorable John B. Breaux, Chairman Subcommittee on Nuclear Regulation Committee on Environment and Public Works United States Senate l
Washington, D.C.
20510
Dear Mr. Chairman:
The Nuclear _ Regulatory Commission expresses its appreciation to the Committee for the opportunity to review the proposed "Nu tear Regulation Reorganization and Reform Act of'1987" prior to Subcommittee markup.
The importance of this legislation to the Commission cannot be overemphasized as it would have a profound effect on the nature and quality of nuclear regulation for years to come.
As you are aware, the majority of.the Commission for several years has conceptually supported legislation, such as S.
1770 introduced by Senator Simpson, which would abolish the Commission and replace it with an agency headed by a single administrator.
Although the proposed legislation would create such an agency, it is with much regret that the Commission must inform you that it strongly opposes the proposed legislation.
The Commission in a letter to you dated November 9, 1987 set forth the principles which would guide the Commission in its' evaluation of single administrator legislation.
In brief, the Commission indicated that the restructured agency must have the independence to make necessary public health and safety judgments.
In this vein, we recommended that the agency should have a limited number of Presidential appointees and not be subject to Office of Management and Budget (OMB) regulatory oversight.
We also emphasized that we would oppose legislation that included establishment of a nuclear safety board independent of the agency.
We believe the proposed legislation is unsatisfactory in two major respects.
First, it is uncertain whether the single administrator would have the necessary independence to adequately carry out the l
agency's public health and safety mission.
Section 103 provides I
that the Nuclear Safety Agency would be an " independent regulatory agency," but nowhere is this term defined.
The relationship between the agency and OMB is therefore not ex)lained.
We strongly urge that any legislative proposal mace explicitly clear that decisions of the new agency, like current NRC decisions, would not be subject to GMB review and approval.
OMB should continue to submit our budget to Congress, but should not review proposed agency Congressional testimony or correspondence and not review draft proposed or final rules.
8712300120 871200 PDR COMMS NRCC CORRESPONDENCE PDR l
2 In addition, we believe that any statute should allow for the appointment of a career civil servant to assist the administrator in the supervision of day-to-day staff activities.
Section 105 of the proposed legislation would eliminate the Executive Director for l
Operations who currently carries out this function.
The Commission vigorously opposes the creation of an Office of i
Huclear Reactor Safety Investigations as an independent agency.
This arrangement would divide the responsibility and the authority for investigating incidents.
Moreover, it would undermine a principal reason for restructuring the NRC under the proposed legislation, namely the need to focus responsibility, authority and accountability.
The Commission therefore believes the proposed legislation would weaken, rather then' strengthen, nuclear safety regulation.
As we testified before your Subcommittee on October 29, 1987, and repeated in our letter of November 9, 1987, if Congress believes a nuclear safety investigations organization is an important component of a restructured nuclear. regulatory' agency, this objective can be achieved by creating such an office as a part of the agency itself.
We are confident that this structure would provide the office with the necessary independence.
We appreciate your consideration of these comments.
We are prepared to work with the Subcommittee in developing legislation that would satisfy our mutual concerns.
Commissioner Bernthal will supply his views on these and related issues in a separate letter.
Sincerely, Lando W. 2 h, Jr.
cc:
Senator Alan K. Simpson
.