ML20247R791
| ML20247R791 | |
| Person / Time | |
|---|---|
| Issue date: | 09/28/1989 |
| From: | Grimsley D NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Airozo D INSIDE N.R.C. (MCGRAW-HILL PUBLICATION) |
| Shared Package | |
| ML20247R796 | List: |
| References | |
| FOIA-89-256 NUDOCS 8910020074 | |
| Download: ML20247R791 (5) | |
Text
J
~_ ~ ~ - , _ - - . _ _ _ ~--_
FOIA -$ 9 .1, 5(o
.g j e.gk. u RESPONSI TYPE g ,
g i RESPO SE . FREEDO OF l'a= M e^anat B W1)
^"
INFORMATION ACT (FOIA) REQUEST S
Neee e [ SEP 2 81989 DOCKET NUMBf.RtS)iff appdecaout REQUESTOR l
~
[] P/RT 1.-. AGENCY RECORDS RELEASED OR NOT LOCATED (See checked boxes)
No agency records subje to the request have been located.
No additional agency records subject to the request have been located.
Requested records are available through another public distribution program. See Comments Section.
Agency records subject to the request that are identified on Append # ales) are already avcitable for public mspection and copying en the NRC Pubhc Document Room. 2021 L Street, N W., Washington, DC 20555 . .
Agency records subsect to the reauest that are edentified on Appendix (es) I- 7 Y N_ are being made available for pubhc inspecteon and copying in NRC Pubhc Ctvenent Room, 2021 L Street, N.W., Washengton, DC, in a folde#r under this FO!A number and requester name.
The nonproprietary version of the proposalls) that you agreed to accept in a telephone conversation with a member of my staff is now being made available for pubhc inspection and copying at the NRC Pubhc Document Room 2021 L Street, N W., Washington, DC, in a foMer under this FOlA number and requester name.
Agency records subject to the request that are identif,edon Appendsales) may be inspected and copied at the NRC Locar Pubhc Documer:t Room identified in the Comments Section.
Enclosed is information on how you may obte n access to and the charges for copying records placed m the NRC Pubhc Doavment Room, 2021 L Street, N.W.,
, Washington, DC.
Agency records subject to the request are enclosed.
Records subject to the request have been referred to another Federal egencyhes) for review and direct response to you.
You will be billed by the NRC for fees totaling 4 in view of NRC's response to this request, no further action es being taken on ap.,eal letter dated No.
j PART u. A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE Certain information in the requested records es bemg withheld from public desclosure pursuant to the esemptions described m and for the reabons stated in Part it, seClions B, C, and D. Any released portions of the documents for whech only part of the record as bemg withheld are beeng made available for public enspection and "Copyeng in the NRC Pubhc Document Room 2021 L Street, N W., Washington, DC en a folder undet this FOIA number and requester name 4
COMMENTS
&N $ .
W%.
8910020;
- 890928 PDR FOIA AIROZOB9-256 PDR SIG)fyVRE, DIRECTOR, OfVlSIO OF FREEDOM OF INFORMATION AND PUBUCATIONS SERVICES WM /h Jm
(
~ e m.-. .,
FREEDOM OF INFORMATION ACT RESPONSE FOiA NuusER;St FOIA -%9-2,5 6 DATESEP 2 8 m PART 11.B- APPLICABLE EXEMPTIONS Records subject to th3 ftQuest th%t fr3 drscribed on the enclosed Appendis(Is) _3* cre being withhs;d in their entirsty or in pIrt under the Ezernptions and for the reasons set forth below pursuant to 5 U.S.C. 552(b) and 10 CFR 9.17(as of NRC Regulations..
I'. The withheld information is properly classifed pursuant to Executive Order (EXEMPTION 18
- 2. The withheld m6ormation relates solely to the intomal personnel rules and procedures of NRC. dXEMPTION 2) i
- 3. The withheld information is specifically exempted from pubic disclosure by statute mdecated; (EXEMPTION 3)
Sections 141 145 of the Atomec Energy Act which prohibits the disclosure of Restreted Date or Formerty Restrected Data 142 U S.C. 216121651 l Section 147 of the Atomic Energy Act whch prohibits the disclosure of Unclassified Safeguards informaten (42 U.S C. 2167).
l
- 4. The withheld 6nfortnaten is a trade secret or commercial of financial information that is bemg wrthheld for the reason!s) mdicated. (EXEMPTION 41 N
- The information is considesed to be confidential busmess (propretary) informaten.
W1 l 3 The informaten is considered to be propnetary mfoemation pursuant to 10 CFR 2.790(dHil.
l
.i
- The information was submitted and recewed in conLdence pursuant to 10 CFR 2.790tdH2). ,
1 1
- 5. The withheld eformaten consists of interagency or mtraegency records that are not available through discovery dunng litegsten IEXEMPTION 51. Applicable Pnvilege: j Delibersteve Process: Disclosure of predecisional mformation would tend to inhitHt the open and frank exchange of sdeas essential to the deliberative process.
- . Where records are withheld m their entirety, the f acts are mentrecably etertwmed with the predeceseonal mformation. There also are no reasonably segregable f actual
- portions because the release of the facts would permit an indirect gry into the predecisena! process of the agency.
ear Attomey worit-product privilege. IDocuments prepared by an atto** % .
e.m Priuplation of litigation.1 Attorney-client pnvilege (Confidential communications between m sero e4 hm'her clienti s - - r.
- 6. The withheld information is exempted from pubhc disc 60sure because its Mrwn vmuld result in a clearly unwananted mvasion of personal privacy. (EXEMPTION 6) i
- 7. The withheld information consists of records compiiod for law enforcement purposes and is bemg withheld for the reason (s) endcated. (EXEMPTION 7) I Disclosure could reasonatdy be expected to mterfere with an enforcement proceedmg because it could reveal the scope, detection, and focus of en.
forcement efforts and thus could possibly allow them to talte acten to sheid potential wrongdoing or a violation of NRC regarements from mvestigators.
Nc. EXEM? TION 7 (An w Draciosure would constitute an unwarranted invasion of personal pnvecy (EXEMPTION 7(Cl)
+
N The informaten consists of names of mdividuals and ouer mformation st$e disclosure of which could reasonably be espected to revealidentities of confidential sources (EXEMPTION 7 (Du OTHE.R PART 11. C-DENYING OFFICIALS Pursuant to 10 CFR 9 25(b) and/or P 25 (c) of the U S Nuclear Regulatory Commissen regulatens. it has been determened that the eformation withheld is enempt from production or disclosure, and that its producten or disclosure is contrary to the pubic mterest The persons responsible for the denial are those offecials identsfed below as denyeng offcaals and the Director. Division of Freedom of Informaten and Pubhcatiuns Servces Office of Administration and Resources Management, for any 6snols that may be appepled to the Emecutive Director for Operatens (EDOt DENYING OFFICIAL TITLE / OFFICE RECORDS DENIED APPELLATE OFFICIAL
] .
'Af' o '
l
~
hAuf $$ ) D 1 c- ( g4 :
PART 11. D- APPEAL RIGHTS The denial by each denying offcialidentifed m Part II.C may be appealed to the Appellate Offcial edentified in that section. Any such appeal must be m writing and must be made withm 30 days of receipt of this response. Appeals must te addressed as appropriate to the Executive Director for Operations,oMo the Societary of the Commission.dd U S. Nuclear Regulatory Commission. Washmgton, DC 20555. and should clearly state on the envelope and in the letter that it is an " Appeal $ fT L}gfrgrr an instel FOlpd Ar A AfWDecision.%
R Qdiert NRC FORM 464 (Part 2) U.S. NUCLEAR REGULATORY COMMISSIO2 in-as' FOIA RESPONSE CONTINUATION
L Re: FOIA-89-256 (FifthPartial)
APPENDIX I RELEASED IN ENTIRETY
- 1. Undated Cashier Reimbursement Youcher and/or Accountability Report (1 page)
- 2. Various Sumary of Travel Activity (Office of the ED0) (1 page)
- 3. Various Summary)of (1 page Travel Activity (Office of Inspector and Auditor)
- 4. Various Hotel receipt (Howard Johnson's Motor Lodge), with attached plane ticket for Mark Resner, OIG. (2 pages)
- 5. 9/2/86 Memorandum for Ben 8. Hayes from Hudson B. Ragan, re; Expenses of Confidential Sources (7 pages) Attachment identifed on Appendix J-9
- 6. 8/25/88 Memorandum for Sharon R. Connelly from William C. Parler, re:
Special Fund. (1 page)
- 7. 9/1/88 Requisition for Supplies, Equipment or Labor Services. (2 pages) (1 page contains handwritten notation)
- 8. 9/26/88 Receipt (1 page) - NOTE: This wi.s released without handwritten notations in the 3rd Partial response dated 8/21/89.
- 9. 9/28/88 Voucher and Schedule of Payments. (1 page)
- 10. 9/30/89 Requisition for Supplies, Equipment or Labor Services. (1 page)
- 11. 1/30/89 Division Sumary of Obligations, Payments and Costs (EDO).
(1 page)
- 12. 2/27/89 Letter to Chairman Zech from George Miller and Sam Gejdenson (2 pages)
- 13. 2/28/89 Memorandum for John Bradburne fron William C. Parler. (1 page)
- 14. 2/28/89 Letter to Congressman Miller from Chairman Zech. (1 page)
- 15. 2/28/89 Letter to Congressman Gejdenson from Chairman Zech. (1 page)
- 16. 3/1/89 Letter to Hugh Thompson from Chairman Zech, with enclosed appendix. (4 pages)
- 17. 3/22/89 Letter to Chairman Zech from Gejdenson and Miller. (4 pages) :
- 18. 4/5/89 Letter to Chairman Zech from John Glenn. (4 pages)
l Re: F01A-89-256 l (FifthPartial) l APPENDIX J PORTIONS OF RECORDS DELETED - EXEMPTION 6
- 1. 8/5/88 Telephone or Verbal Conversation Record, re: Allegations Concerning Breach of Confidentiality by NRC Employees.
(2 pages)
- 2. 8/16/88 Official Travel Authorization form for C.R. Kraus. (1 page)
- 3. 8/16/88 Official Travel Authorization form for D.M. Rowe. (1 page)
- 4. 8/26/88 Official Travel Authorization form for S.R. Connelly. (1page)
- 5. 8/23/88 Travel Voucher for D.M. Rowe. (7 pages)
- 6. 9/15/88 Travel Voucher for C.R. Kraus. (5 pages)
- 7. 9/21/88 Travel Voucher for S.R. Connelly. (7 pages)
- 8. 9/21/88 Travel Voucher for S.R. Connelly, with handwritten notations.
(9 pages)
- 9. various dates - Hotel Statement - Ellison (4 pages)
Re: F01A-89-256 (FifthPartial)
. APPENDIX K PORTIONS DELETED - EXEMPTION 6
- 1. 3/27/89 Note to Graham Johnson from James L. Blaha, re: Payments to Douglas Ellison. (1 page)
- 2. Undated Copy of Identification Card.
-3. 2/6/75 Handwritten note. (1 page)
-4. Undated W-2 Form for Doug Ellison. (1 page) l l
l 1
E_ - - _
June 7, 1989 Washington, D.C.
3
.Mr. Do le Grimsley i
. Director.g Divisin of Rules & Records Office air Advninis tra tion & Resources Managemen t FREEDOM 0F INf0RMATl0N U.S. Nucl ear Regulatory Commission ACT REQUEST Washington, D,C,
[0/A.g.7 /1-AR Dear Mr. Grimsley Pursuant t o the Freedom of Information Act, I hereby request the following material:
- 1) All records pertaining to the Office of Inspector & Auditor's August 12, 1988 decision to open a formal inquiry into charges that Office of Investigations deputy director Roger Fortuna and/or other 01 or NRC regional personnel failed to adequately carry out their duties.
- 2) All records pertaining to Office of Inspector & Auditor. personnel travel to Daytona Beach, Fla. to interview Douglas Ellison, a former employee of Niagara Mohawk Power Corp. This request includes, but is not limited to3 all travel souchers, requests for travel funds, hotel bills and receipts, and miscellaneous costs'and receipts related to the trip. The OIA personnel who traveled to Florida for this purpose include OIA Director Sharon Connelly and DIA staffer Mark Resner. In addition, James Blaha, the assistant for operations in the Office of the Executive Director for Operations, accompanied the OIA personnel. This request pertains to Blaha as well as the OIA personnel. .The time frame is around the last week of August, 1988.
- 3) Receipts for hotel accommodations and food purchased for DIA personnel or Blaha or Ellison, for the period September 1 through September 16, 1988.
The hotel in question is an Embassey Suites hotel located in suburban Washington, D;C. I would also like any information regarding whether Blaha or other NRC personnel had Ellison registered at the hotel as an NRC employee and if the hotel charged NRC the ' government rate' for Ellison's room.
- 4) Any records of telephone conversations or other contact between NRC Chairman Lando Zech and EDO Victor Stello, OIA director Sharon Connelly or General Counsel William Parler between August 18 and September 1, 1988.
Zech was traveling in the Soviet Union at the time.
- 5) Any correspondence between or among Zech, Stello. Connelly or Parler dated September 1 or 2, 1988 which is related to the OIA investigation of Roger Fortuna or the investigation of charges brought by Doug Ellison.
- 6) Any correspondence between or among Connelly, Stello and Parler regarding the agency's pursuit of audio tapes that are in the possession of an ti-nuclear activist Stephen Comley. The time period I'm interested in is August 12, 1988 through March 24, 1989.
m
- 7) Any cor despondence orf other records of discussion between or among Zech',
Connelly, Stello,.Parler, Ellison and consultant Alan Rosenthal or any of theih assistants or staff regarding the disposition of an Internal Revenue Service form 1099 for Ellison's ' consulting' services for the NRC. The time period I'm interested in is March 13, 1989 through April 1, 1989.
- 8) Any correspondence or other records of discussion between or among !
Connelly, Parler, Stello or Zech or any of-their assistants regarding the
~ Department of Justice's written memorandum declining to pursue allegations by Ellison against Fortuna. The time period I'm interested in is July 1, 1988 through April 1, 1989.
- 9) All records pertaining to or making reference to a contract signed by NRC's Ed Halman and Doug Ellison dated September 1, 1988. The contract calls for Ellison to provide 'consutling' services to NRC in return.for' an hourly wage. Sharon Connelly is the contract pro.iect officer. The contract's FIN number is B8169. The B&R number is 80-19-01-00. The time period I'm interested in is September 1, 1988 through April 1, 1989.
This request is made on behalf of Inside N.R.C., a McGraw-Hill newsletter with readers in government, industry, and non-profit organizations. The information I am seeking will be used in the preparation of news articles, which will benefit the public. Therefore, I ask that all search and copying fees be waived. If they are not, McGraw-Hill is prepared to pay norsnal NRC fees.
If you have any questions, please call 202-463-1659.
Sincerely, i .
& Dave Airo Managing Editor Inside NRC
.__--_--_n_ , . _ _ _ - - - _ _ _ . _ _ _ _ _ _ _ _ _ . _ _
- .?,
. O o m& \'g:
[
UNITED STATES NUCLEAR REGULATORY COMMISSION hhh SWASMsteoToed. D. C. s0665 .
.'.':. . 1986 SEP t l
l MEMORANDUM FOR: Ben B. Hayes, Director Office of Investigations FROM: !!udson B. Ragan Assistant General Counsel for Administration .
Office of the General Counsel
SUBJECT:
EXPENSES OF CONFIDENTIAL SOURCES By memorandum of July 17, 1986, you requested our opinion as to whether the NucJaar Regulatory Commission's (NRC) current appropriation law would provide the authority to support the payment of confidential sources for
. *information, travel, etc., and to reimburse investigators for appropriate related expenses".
For the current fiscal year. Congress has enacted a lump-sum appropriation for the necessary expenses of the NRC in carrying out the purposes of the Energy Reorganization Act of 1974, as amended, and the Atomic Energy Act of 1954, as amended, under the broad category of ' salaries and expenses".
See, Energy And Water Development Ap;propriations, Publ. L. No.99-141, 99 Itat. 577-78 (1985). The language of NRC's appropriations act does not' expressly provide for the payment of informers for information on their expense
- rule of expenses. ' However, the well-settled _ 'necessary appropriations law is that an appropriation made for a specific purpose is available for ex pens.es necessarily incident to secomp!!shing that purpose for by some other
'mtems prohibited by law or otherwise provided s ppNpriation. 4 Comp. Gen. $19, 621 (1927): U.S. Genemi Accounting Office, Principles of Federst Appropriations I.aw, at 312 (1982). Given the absence of specific statutory authority in the appropriation act for such expenditures, the NRC's appropriations and other statutory authority must be analysed to determine whether the purpose is authorized.
The NRC's appropriation ' Salaries and Expenses
- providen in pertinent part:
For necessary expenses of the Commission in carrying out the purposes of the Energy Reorganization Act, as amended, and the Atomic Energy Act, as amended * *
- Energy Aid water Development Appropriations. Pub. L. No.99-741, 99 Stat.
577-78 (11/85). Under Section 206 of the Energy Reorganization Act of 1974, as amended, the Commission is expressly ' authorized to conduct such reasonable inspections and other enforcement activities as needed to insure T' j hp? eMsw d AVacJvn+0b d yrk?%
% p 4sy w e--(7g
w I
W
&Q to a civil eompliance with the provisions of (Section 206]" subjectingl fpersons ith Commiss penalty for knowingly and consciously failing to notify the regnated facility, activity (or basic cornponentI that (1) fails to com 5847 (1974).
the Atomic Energy Reorganization Act or 42 U.S.C.
Energy Act of 1974 161c of the hazard.
Furthermore, the Commission is authortred under the Section Atomic Energy Act of 1954 to "make such studies and inves auch information . . . any authority provided,Atomic this act. or in the assist it in exercising in Energy Act of 1954, administration or enforcement of this Act * * **.There are several. f its provisions 42 U.S.C. I 2201c. i l ti that impose criminal penalties for the willfull or attempted v o a on o42 U.S.C.
See. Atomic Energy Act of 1954, provisions.
Furthermore, tfiere are provisions that-impose criminal penalties who on th nuclear inspectors in performance of their duties or (2) who harm intentionally and willfully sabotage or attempt to sabotage Thus,nuclear the facilitie fuel. See , Atomic Energy Act andofthe 1954, 42 U.S.C. Il 2282-84. -
Act Atomic Energy Act authorite the Energy Reorganization investigations and obtain such information Nevertheless, it Commission to conduct such deems necessary to enforce certain civil and criminal law technique.
In supporting its requast for the FY 1986 lump-sum appropriation, the submitted its budget estimate to the House appropriations Commission cocmittee explaining how the Commission propos the fouowing:
The Office of Investigations is an independent office which conducts and supervises agency investigations of all a!!egations of wrongdoing' by other than employees and contractors, including reactor licenseen, fuel cycle licensees,
- The and materials Office of safety and safeguards and facilities licensees.
Investigations maintains liason with other sgencies and organizatio appropriate referrals to the Department of Ju ..
matters.
Hearings Before A Energy And Water Development Appropriations Neither the Commission's budget For 1986 99th Cong., 1st Sess. 413 (1985).
fusitification of before Congress informers is an nor the investigative ralstedemployed technique hearingsbyinformed the the payment Commission in the administration or enforcement of Act the Energy Act or the Atomic Energy Act. to available for carrying out these purposes of the Energy Reorganization and the Atornie Energy Act, the Commission is veste determine which
kL However, Comptroller General decisions make clear tha enforcing these laws.in the absence of statutory authority to the express informers for the furnishing of informa o criminal laws, the information must be
- distinguished essential or necessa See, 9 Comp. Gen 413 (1929):August9 Comp.
effective administration and enforcement - of the being merely ' helpful or desirable' (TF71 (unpubitsbed) B-193933 law 5, as B-173359, Apr019
,197$ (unpublished): U.S. General Accounting Office, Principals of Fed Cen. 309 (1930):
In Appropriations Law, at 3-177 178 (1993). uniform results on this issue.
General decisions have not reached 413, 614 (1939) addressing this issue in 8 Comp. Gen.the Interior, the Comp f
An appropriation general in terms is available d by the to do the thin essential to the accomplishment of the As to whether suchwork authorise fmay an appropriation appropriation to be done.
properly be held available to pay a reward for the furnishi information, not essential but probably The doubt arises ih helpful to accounting officers have not been uniform.
generally because auch rewards are not necessarily f in d d the value of the e information furnished and h
appropriation general in terms available d the fo rewcrds, and the Congresa having on many occasions h accep matter as one for its consideration and expression, it appea duty of this office to require those in administrative ith piece desire to offer rewards for information wo respect to all appropriations hereafter to be made.
Although the reward to' informers in that decision was it would a!! owed, t Comptroller General stated, as noted, that specific legislative h nd of the be required in the future and reiterated this position h Secretary at t e sub decision holding(Id. ~ at 615). in 8 Comp. Gen. GIS it reached In 9 Comp. Gen 930, involving to a decision the t of Commerce, 9 Comp. Gen. 309 (1930).
comptroller General held that the general appropriatio Service of the Department d li m against Secretary of Commerce to offer awards for information 9 Comp Gen. 309, apprehension and conviction of persons committing acts of va aids to navigation maintained by the Lighthouse idered by the Service all (1970).
awards that were not essential but merely helpful.the offering Lighthouse Service regarding the enforcement of a law
~
~ --u[
= - - _ - _ - _ _ _ _ _
i interfering with navigation Id. at 311. As such, the
- misdemeanor and' imposing a fine for obstruct ng for or submission to sids asaintained or established by the Service. Compt congress for consideration I,da, of whether the enactment sp that purpose is necessary or proper. that have On the other hand, the Comptroller Generalinformers hasIn rendered in the B-183922 decisio perrsitted the expenditure of funds for the payment li nce portionof of absence of specific legislative authority t i for d such e the Internal Revenue Service's general appropriatio rt expenditures ept enforcement activities * * ** was sufficiently beced to suppo from the for the protection, support and maintenance of an informant / w for periods in which the same witness s!so qualified Crime Control Act of 1970.for such su under the OrganisedThe Comptroller General observed DepartmentAugust of Justice ific authority nor a B-183922 8.1975 (unpublished).
that the IRS appropriation statute neither contained to the specFurthermore, meaning of the le specific, appropriation for such expenditures. as statute was sDent Thus, the Comptroller
- titstory of the appropriation Id. h a large
" investigation and enforcement activities *.
General reasoned that the Commission of the TR3 was vested w However, the Comptroller General measure of discretion as to whleh investigation and enforcement activities.
f the Treasury For noted that, as early as 1969. determined Congress IRS's was that the ditures 1975' in exp these reasons, the Comptroller General appropriation statute was5.1975 August sufficiently (unpublished).broad to support the expen question. , 53. B-183922 General ning In an earlier decision involving the Forest Servloe, the Comptrol ~
held that the paymerit of compensation to informers for informa violations (such as deliberately set forest fires, theft obe considered essent unauthorized occupancy. and vandaHam) may desirable, in the effective Service necassary. as distinguished from helpful c- making the Forest i by fire and administration and enforcement of a statute responsible for protecting the national forests B-172259. d use, and against April destruct on degradation, and authorizing it 18 to U.S.C.
reg (ulate I 553). their occupsney an
- preserve the forests from destructionThe Comptroller General noted ti nthat the Fo 1971 (unpub!!shed). ting
, Service 29 appropriations provided for expenses necessary for fo
- and utDisation and was specifically available for ding fightin forest damage fires. toId.
the Eitonal forests are caused dby thepersons Comptrollerviolating t efforts use of the national service, the Forest Service ii ns infor must rely on apprehension and prosecution.
leads to identifying culprits are very slim for someForesses some and th cooperation in providing information must be heavily relied on.
- - nnm
< [M-4 esses, the necessary information is not spontaneously offered or is intentionally withheld for possible monetary gain. Finally, the Forest Service noted that there potential informants usually possess information which could prove' invaluable to successful investigation, identifloation and prosecution of violators. &
the Except for the 1971 decision (B-172259, April 29.1971 (unpublished),
Comptroller General has either strongly 613admonished agencies (1929): 9 Comp. to seek Gen 309 specific (1930) or legialstive authority (9 Comp. Genrelied on the factAugust that Congress 5, 1975 had been in and Congress did not object (B-183922 activity (unpublished).
Moreover, Congress has considered the issue and has granted statutory authority for rewards for the furnishing 16 U.S.C.ofI 668 information in several (information other on capturing, attuations. See, for example: 16 U.S.C. I 1540(d) (violations of Endangered buying or selling bald eagles): concerning Presidential Species); 18 U.S.C. I 1751(g) (information assassinations or attempted assassinations); 18 U.S.C. $ 3056 (rewards by the Secret Service): 21 U.S.C. 8 986 (information on violations of laws by the Drug Enforcement and 39 U.S.C Administration) These administered ensetments 5 404(a)(9) (information on violations of postal laws).
create the imp 1feation that such expenditures should not be incurred except by express authority or by expressly informing Congress that such
~
expenditures will be incurred.
Aa to whether other appropriations are ava!!able, we note that under the-provisions of the Atomic. Weapons and Special Nuclear Materials Rewards Act, the Attorney General is authorised to make a reward to persons who furnish original information to the United States concerning fliegal introduction, manufacture, acquisition or export of special nuclear material or atomic weapons or conspiracies relating thereto. See, 50 U.'S.C. $$ 47a, 47b (1974), -
1974 U.S. Code Cong. & Ad. News 4050, TH2. It seems that appropriations See, ,
to administer that law haveJustice, been made to the Department of Justice.and State, th Departments of Commerce, Pub. L. No.99-190, Title II,1985 U.S.
Agencies Appropriation Act, 1986 Code Cong. 4 Ad. News (99 Stat 1141). Consequently, the payment of informanta in the context of investigations involving violations of the Atomic Weapons and Special Nuclear Materials flewards Act would not be authorised because it would be an expenditure that comes within the scope of some other appropriation
Conclusion:
In the absence of specific legislative authority for paying informers for information concerning the vioistions of criminal or civil laws, there is no precise rule that can be formulated for when the NRC is authorised to pay informers. In each instance, the NRC's appropriations and other statutory authority must be examined to determine whether the purpose is authorised, Without along with evatusting the administrative justification that is offered.
j
+
c -
gg en explanation of the speciflo circumstances under whic were auch an explanation to be provided, a difficult to make. Even
~
determination that such expenditures are authorized would not be on sound legal ground given that the Atomic Energy Act,Forthe Ener ,
scent on the use of such an investigative technique by the Commission.
the foregoing reasons, we are unable to conclude that auch expenditur would be authorised and would advise Commission seek. specific legislative authority, perhaps . through a minor revision to next years appropriation act, or inform Congress through our appropriation act that such an the budget justification supporting investigative technique will be employed in our investigations for enforcement of the Atomic Energy Act of 1954 and' the Energy Reorganization Act of 1974.
However, should a particular situation arise that you deter tbs Atomic Energy Act or Energy Reorganization Act. you should promptly ,
seek our advice. '
With respect to your reference to AEC Manual Chapter 1001
- Expenditures of A Confidentis) Nature', the NRCThe has AEC no sinDar setChapter of established 1001 la procedures Manual no' longer
- governing such expenditures.
effective or nperative since it was not adopted by the NRC Nuclearas Regulatory part of its *
~
See approved NRC Management Directives 15. System.
1986): U.S.Commission Nuclest N No. 4 (January 30, 1975).
Regulatory Commission Announcement Consequently, the AEC Manual Chapter 1001 does not represent an expression of current Commission polley regarding such expenditures.
lSf Hudson B. Ragan -
. Assistant General Counse!
for Administration -
Office of the General Counse!
tc: William C. Parler. OGC Guy H. Cunningham. 0GC James A. Fitzgerald. 0GC James Murray. 0GC
. , - m n c - m 7,, 4;. ,y,, gr;.y g g,y 4
c:: o*
$2rd an' explanation ofwere the suchspecific an explanation cirouestances to be provided, a under w Even
/* difficult to make.
determination that such expenditures are authorised would not be on sound r
Jegal ground given that the Atomic Energy For Act, the E scent on the use of such an investigative technique by the Commission.
the foregoing reasons, we are unable to conclude that such expenditures would be authorised and would advise your office to either have the Commission seek. specific legislative authority, perhaps through a minor irevision to next years appropriation act, or inform Congress through such anour justification supporting the appropriation act that budget investigative technique will be employed in our investigations for enforcement of the Atomic Energy Act of 1954 and' the Energy Reorganization Act of 1914.
Mowever, should a particular situation arise that you determine has a direct connection and is essential to carrying out an investigation on a violation of the Atomic Energy Act or- Energy Reorganization Act, you should promptly ,
seek our advice.
With respect to your reference to AEC Manual Chapter 1001, ' Expenditures A Confidential Nature", the NRC has no sinDar set of established proc
~
governing such expenditures.
effective or operative since it was not adopted by the NRC as part of itsU.S. N See U.S. Nuclest .
approved NRC Management Directives No. 4 System.
(January Commission 30, 1975). NRC Regulatory Commission Announcement Consequently, the AEC Manual Chapter 1001 does not represent an expre of current Commission policy regarding such expenditures.
ISf Hudson B. Ragan -
. Assistant General Counse!
for Administration Office of the General Counsel cc: William C. Parler. 0GC Guy H. Cunningham. 0GC James A. Fitzgerald. 0GC James Murray. 0GC 4
6 0
I u um M m ,y *asu = 4 de ug
__ --_ --- - - - - -