ML20249B649
| ML20249B649 | |
| Person / Time | |
|---|---|
| Issue date: | 05/07/1998 |
| From: | Mcgaffigan E NRC COMMISSION (OCM) |
| To: | Hoyle J NRC OFFICE OF THE SECRETARY (SECY) |
| Shared Package | |
| ML20249B642 | List: |
| References | |
| SECY-98-068-C, SECY-98-68-C, NUDOCS 9806240014 | |
| Download: ML20249B649 (2) | |
Text
'
NOT ATIO N VOTE b
RESPONSE SHEET TO: John C. Hoyle, Secretary FROM: COMMISSIONER MCGAFFIGAN
SUBJECT:
SECY-98-068 - CONSIDERATION OF APPLICATION OF FEDERAL GOVERNMENT-WIDE CONFLICT OF INTEREST OR ETHICS REQUIREMENTS AND NRC ENFORCEMENT POLICY ON LICENSEE INTEGRITY ISSUES TO AGREEMENT STATE PROGRAMS Approved y Disapproved Abstain l
Not Participating Request Discussion COMMENTS:
See attached comments.
l -
b /M. l SIGNATURE F/ U U Release Vote /w / 7, 19 0 S DATE U !
L 1 Withhold Vote / / I Entered on "AS" Yes W No i WCo$$ ?
e
[ 4 Commissioner McGafhan's Comments on SECY-98-068:
I approve the staff recommendations to address issues concerning the consideration of State
' employee ethics and licensee integrity matters in Agreement States as described under Issue I. I believe that NRC should request that prospective Agreement States submit documentation of '
State conflict ofinterest (COI) and ethics regulations or procedures applicable to those portions of the State radiation control program covered by the Agreement. This approsch will ensure that future Agreement States have COI/ ethics regulations or procedures in place at the time of '
entering into the formal Agreement with NRC that are comparable to those currently in existence in other Agreement States, Ohio, Oklahoma and Pennsylvania as determined by the NRC staffin the recent survey.
In Issue 3, I agree with the staff's plan to provide its recommendations to the Commission on whether NRC's Employee Protection provisions in 10 CFR 30.7,40.7 and 70.7 should be a compatibility category C. I believe that category C is appropriate and note that it is consistent with that proposed for NRC's deliberate misconduct provisions under Issue 3.
l l Also in issue 3, I agree with the staffs plan to strongly recommend that Agreement States have the authority to prohibit unlicensed persons engaged in deliberate misconduct from future '
involvement in licensed activities within theirjurisdiction. I would also add that the staff should strongly recommend that Agreement States provide NRC with information on State actions to prohibit individuals-licensed or unlicensed-from involvement in licensed activities for the purpose of sharing such information. NRC currently makes information on NRC actions publicly available on its Home Page. The staffshould consider the feasibility of adding relevant Agreement State information to this compilation so that it is available for consideration by all Agreement States and the NRC during licensing, inspection and enforcement activities.
k i
i
_-___-_-_.__E_.__.__m
[rcrob o UNITED STATES 8 ,,
NUCLEAR REGULATORY COMMISSION e wasHincroN.D.C. 20$5H001
[g June 12, 1998 SECRETARY MEMORANDUM TO: L. Joseph Callan Exec 'v Director for Operations
/e .
FROM: Job . Hoyle, ecretary
SUBJECT:
S AFF REQUIREMENTS - SECY-98-068 - CONSIDERATION OF APPLICATION OF FEDERAL GOVERNMENT-WIDE CONFLICT OF INTEREST OR ETHICS REQUIREMENTS AND NRC ENFORCEMENT POLICY ON LICENSEE INTEGRITY ISSUES TO AGREEMENT STATE PROGRAMS The Cornmission has approved the staff's recommended approach to the issues raised in the subject paper. The staff should move to implement the NRC's deliberate misconduct rule as a matter of compatibility category C, whether by rule or other legally binding requirements which meet the objectives of the deliberate misconduct rule. With respect to the need for determining the compatibility category of employee protection rules, the staff should survey and discuss the issue with the Agreement States and appropriate organizations and provide an opportunity for public comment on this i.ssue.
Prospective Agreement States should be requested to submit documentation of State conflict of interest and ethics regulations or procedures applicable to those portions of the State radiation control program covered by the Agreement.
The staff should coordinate with the Agreement States to determine whether they can provide the NRC with information on State actions to prohibit individuals - licensed or unlicensed -
from involvement in licensed activities for the purpose of sharing such 5 formation. The staff should consider the feasibility of adding relevant Agreement State information to the compilation of information on NRC actions currently available on the NRC Home Page, cc: Chairman Jackson Commissioner Dieus Commissioner Diaz Commissioner McGaffigan p' (
OGC (/
CIO 7 CFO OCA OlG Office Directors, Regions, ACRS, ACNW, ASLBP (via E-Mail)
PDR DCS SECY NOTE: This SRM, SECY 98-068, and the Commission Voting Record will be made publicly available 5 working days after the date of the final SRM.
. p-$7,4aI L.