DT-24-09, Management Directive 9.17, Organization and Functions, Office of the Executive Director for Operations

Management Directive 9.17, Organization and Functions, Office of the Executive Director for Operations

ML24141A096
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Issue date:	06/24/2024
From:	Raymond Furstenau NRC/EDO
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ML24141A095	List: DT-24-09, Management Directive 9.17, Organization and Functions, Office of the Executive Director for Operations
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DT-24-09 MD 9.17
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U.S. NUCLEAR REGULATORY COMMISSION MANAGEMENT DIRECTIVE (MD)

MD 9.17 ORGANIZATION AND FUNCTIONS, DT 09 OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS

Volume 9: NRC Organizations and Functions

Approved By: Raymond Furstenau, Acting Executive Director for Operations

Date Approved: June 24, 2024

Cert. Date: N/A, for the latest version of any NRC directive or handbook, see the online MD Catalog.

Issuing Office: Office of the Executive Director for Operations

Contact Name: Sherri Miotla

EXECUTIVE

SUMMARY

Management Directive (MD) 9.17, Organization and Functions, Office of the Executive Director for Operations, is revised to reflect the current organization and functions of the Office of the Executive Director for Operations (OEDO). This revision also eliminates Handbook 9.17, replacing it with links to the OEDO SharePoint site where the organizational chart for the office can be found and the NRC public website where functional descriptions can be found.

In addition, the NRC revised this MD as part of its efforts to use more inclusive language in its publications. These changes, which include changing Chairman to Chair, are, in some instances, purely editorial and do not affect the meaning of the guidance in this document.

TABLE OF CONTENTS

I. SUPERVISION.....................................................................................................................2 II. FUNCTIONS........................................................................................................................2 III. DELEGATION OF AUTHORITY TO THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)..........................................................................................................5 IV. REDELEGATION OF AUTHORITY BY THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)..........................................................................................................7 V. DELEGATION OF AUTHORITY TO THE DEPUTY EXECUTIVE DIRECTOR FOR REACTOR AND PREPAREDNESS PROGRAMS (DEDR).................................................7

For updates or revisions to policies contained in this MD that were issued after the MD was signed, please see the Yellow Announcement to Management Directive index (YA-to-MD index).

MD 9.17 ORGANIZATION AND FUNCTIONS, OFFICE OF Date Approved: 6/24/2024 THE EXECUTIVE DIRECTOR FOR OPERATIONS

VI. DELEGATION OF AUTHORITY TO THE DEPUTY EXECUTIVE DIRECTOR FOR MATERIALS, WASTE, RESEARCH, STATE, TRIBAL, COMPLIANCE, ADMINISTRATION AND HUMAN CAPITAL PROGRAMS (DEDM)...................................9 VII. FURTHER LIMITATIONS ON DELEGATIONS OF AUTHORITY...................................... 10 A. Section 51 of the Atomic Energy Act of 1954, as amended......................................... 10 B. Section 57b of the Atomic Energy Act of 1954, as amended....................................... 10 C. Section 61 of the Atomic Energy Act of 1954, as amended......................................... 10 D. Section 108 of the Atomic Energy Act of 1954, as amended....................................... 10 E. Section 123 of the Atomic Energy Act of 1954, as amended....................................... 11 F. Section 145b of the Atomic Energy Act of 1954, as amended..................................... 11 G. Section 145f of the Atomic Energy Act of 1954, as amended...................................... 11 H. Section 161a of the Atomic Energy Act of 1954, as amended..................................... 11 VIII. OEDO ORGANIZATION.................................................................................................... 11 IX. REFERENCES................................................................................................................... 11

I. SUPERVISION

The Executive Director for Operations (EDO) reports to the Chair and is subject to the supervision and direction of the Chair as provided in Reorganization Plan No. 1 of 1980. The EDO is guided by policies of the Commission and by regulatory decisions, findings, and determinations that the Commission makes as authorized by law. The EDO, through the Chair, shall ensure that the Commission is fully and currently informed about matters within its functions.

II. FUNCTIONS

The EDO, subject to other provisions of this directive, ha s the following responsibilities:

A. Supervise, direct, coordinate, and approve activities within the Office of the Executive Director for Operations (OEDO) and the offices reporting to the EDO.

B. Coordinate and delegate work assignments among the offices that report to OEDO.

C. Determine the necessary resources, annual goals, and performance indicators in developing the Chair s p erformance budget as outlined in Management Directive (MD) 4.7, Budget Formulation, and MD 4.8, Budget Execution.

For the latest version of any NRC directive or handbook, see the online MD Catalog. 2

MD 9.17 ORGANIZATION AND FUNCTIONS, OFFICE OF Date Approved: 6/24/2024 THE EXECUTIVE DIRECTOR FOR OPERATIONS

D. Perform specific administrative functions of the Commission, including the resolution of equal employment opportunity (EEO) and grievance matters, and provid e support services.

E. Submit major office reorganization documentation for Commission consideration.

F. Consult with the Chair, before the Chair s initiation, on the appointments of the Directors of the Office of Nuclear Reactor Regulation (NRR), the Office of Nuclear Material Safety and Safeguards (NMSS), the Office of Nuclear Security and Incident Response (NSIR),

and the Office of Nuclear Regulatory Research (RES). These appointments need to be approved by the Commission. The Chair or a member of the Commission may initiate the removal of these officers subject to approval of the Commission.

G. Appoint and removeafter consultation with the Chair and without any further action by the Commissionboth Deputy Executive Directors for Operations ( DEDOs), the Directors of the Office of Administration (ADM), Office of Enforcement (OE), Office of Investigations (OI), and Office of Small Business and Civil Rights (SBCR); the Chief Information Officer (CIO); the Chief Human Capital Officer (CHCO); and Regional Administrators (RAs).

H. Execute and modify acquisitions (including, but not limited to, contracts, financial assistance relationships, and interagency agreement actions, including Department of Energy (DOE) Laboratory Agreements) and settle associated claims and terminations.

I. Develop and approve delegations of authority for the EDO and DEDOs and offices reporting to the EDO and DEDOs.

J. Respond to the requests of members of the Commission for access to information.

K. Ensure the Commission, through the Chair, is fully and currently informed about matters within its functions.

L. Serve as the Chief Operating Officer (COO) and supervis e the activities of the Associate Director for Operations (ADO) who serves as the Performance Improvement Officer (PIO) in accordance with the Government Performance and Results Act (GRPA)

Modernization Act of 2010, Public Law 111-352. Also serve as the Administrative Officer for the Commission.

M. Perform other functions explicitly assigned by the Commission or the Chair. F unctions not explicitly assigned to the EDO are reserved for the Chair unless otherwise delegated to the Commission by Reorganization Plan No. 1 of 1980.

For the latest version of any NRC directive or handbook, see the online MD Catalog. 3

MD 9.17 ORGANIZATION AND FUNCTIONS, OFFICE OF Date Approved: 6/24/2024 THE EXECUTIVE DIRECTOR FOR OPERATIONS

N. Appoint the ADO to assist the EDO and D EDOs in the overall planning, management, control, and coordination of operational and administrative activities. The ADO performs the role of Chief of Staff to the EDO for managing the day -to-day operations of the OEDO staff. As the agencys PIO, the ADO supports the EDO (as COO) in enhancing the performance of agency programs by driving performance improvement efforts using goal setting, measurements, analyses, and program evaluations through cross -agency collaboration.

O. Execute contracts, agreements, or interagency actions subject to the limitations in Section III.B.2 of this directive.

P. Develop and announc e rules, as defined in subparagraph 4 of Section 551 of the Administrative Procedure Act (5 U.S.C. 551(4)), subject to the limitations in Sections III.B.9 -11 of this directive. The EDO shall notify the Commission before submitting a final rule to the Federal Register.

Q. Issue subpoenas under Section 161c of the Atomic Energy Act of 1954, as amended (AEA), where necessary or appropriate for the conduct of inspections or investigations.

R. Exercise the Commissions authority to take enforcement or other action, to include issuance of orders, under 10 CFR Part 2, Subpart B.

S. Determine that all declassification criteria are met for all Licensed Fuel Facility Status Reports for Inventory Difference Data (NUREG-0430) and issue these reports after informing the Commission.

T. Provide guidance and oversight to ensure that Office of the Inspector General (OIG) and General Accountability Office (GAO) recommendations from audit reports are resolved, the facts and conclusions in the reports are accurate, and corrective actions are assigned and completed.

For the latest version of any NRC directive or handbook, see the online MD Catalog. 4

MD 9.17 ORGANIZATION AND FUNCTIONS, OFFICE OF Date Approved: 6/24/2024 THE EXECUTIVE DIRECTOR FOR OPERATIONS

III. DELEGATION OF AUTHORITY TO THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)

A. Delegation of Authority

The EDO is the chief operational and administrative officer of the Commission. Except as otherwise provided by law, regulation, Commission action, or Chair action, the EDO reports to and is supervised by the Chair. The EDO is authorized and directed to discharge all regulatory (including, but not limited to, licensing and enforcement) and administrative functions of the NRC and to act as necessary to carry out the functions and execute the authorities described in this directive, directives of offices repor ting to the EDO and the DEDOs, or other official directives or communications.

B. Limitations on Authority

1. Present all significant questions of policy to the Commission for resolution, and with respect to these questions, present all major views of the affected offices to the Commission.

2. Inform the Chair, with copies to the Commission, 5 working days in advance of any impending termination of any contract, DOE project, or agreement reviewed by the Strategic Sourcing Group (SSG ) and of significant visibility or interest to the Commission.

3. Provide the Commission a 5 -day notification for any organizational conflict of interest waiver the EDO intends to sign.

4. Shall not delegate those non-delegable functions described in Section 161n of the AEA (see Handbook 9.17,Section II).

5. Limit approval of employment of an individual by the NRC before completion of the security investigation and reports required by Section 145b of the AEA to situations in which an individual will be precluded from access to Restricted Data or National Security Information through administrative procedures. The EDO may approve this employment only upon receipt of an affirmative recommendation from the Director, Division of Facilities and Security, ADM, and a clear showing of need by the requesting office. This authority may not be redelegated.

For the latest version of any NRC directive or handbook, see the online MD Catalog. 5

MD 9.17 ORGANIZATION AND FUNCTIONS, OFFICE OF Date Approved: 6/24/2024 THE EXECUTIVE DIRECTOR FOR OPERATIONS

6. Shall submit to the Commission, through the Chair, any information transmitted to the NRC by the Special Counsel pursuant to 5 U.S.C. 1213(c)(1), 1213(g)(1), 1213(g)(2),

or 1214(d) and 1214(e) (relating to certain disclosures of information to the Special Counsel regarding an agencys operations or alleged violation of certain laws by agency officials). The EDO shall also submit any report, communication, or certification required of the head of the agenc y pursuant to 5 U.S.C. 1213(c)(1)(B),

1213(g)(1), 1213(g)(2), or 1214(e) to the Commission, through the Chai r, for review and signature of the Chair.

7. Shall concur upon, before submission to the Commission for approval, any export license application involving activities specified in 10 CFR 110.40(b), as well as similar activities in the following export-related areas that are not subject to NRC licensing, but on which the Nuclear Non-Proliferation Act (NNPA) requires NRC consultation

(a) Subsequent arrangements under Section 131 of the AEA,

(b) Activities covered by Section 57b of the AEA,

(c) Exports licensed by the Department of Commerce and subject to the provisions of Section 309(c) of the NNPA, (d) Agreements for Cooperation under Section 123 of the AEA, and

(e) Government-to-Government transfers subject to Sections 54d and 64 of the AEA.

8. Shall submit to the Chair for signature correspondence to State and Federal officials that involves major new policy questions and all correspondence to the President and Chairpersons of the NRCs Congressional Oversight Committees and shall submit to the Commission for consideration correspondence that involves significant matters of policy.

9. Shall subject all rulemaking to general policy gui dance from the Commission.

10. In addition to these limitations, the EDO s delegated authority described in Section II.L of this directive does not extend to the promulgation of proposed or final rules that involve significant questions of policy.

11. The EDOs delegated authority, described in Section II.P of this directive, to develop and announce rules applies to 10 CFR Parts 7, 8, and 9, Subpart C, only if the proposed or final rules or amendments to these parts do not raise policy issues or are corrective in nature. Before promulgating a propos ed or final rule modifying Part 2, the EDO shall obtain the concurrence of the Office of the General Counsel (OGC), the Office of Commission Appellate Adjudication (OCAA), and the Chief Administrative Judge of the Atomic Safety and Licensing Board Panel (ASLBP). If any office fails to concur, the proposed action is to be referred to the Commission.

For the latest version of any NRC directive or handbook, see the online MD Catalog. 6

MD 9.17 ORGANIZATION AND FUNCTIONS, OFFICE OF Date Approved: 6/24/2024 THE EXECUTIVE DIRECTOR FOR OPERATIONS

IV. REDELEGATION OF AUTHORITY BY THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)

A. Redelegation Authority under Section II.P

The delegation to the EDO listed in Section II.P of this directive may be redelegated only to the DEDOs, the Directors of NRR, NMSS, and OI, and to the RAs. The issuance of any subpoena will require the concurrence of OGC and consultation with OI.

B. General Redelegation Authority

The EDO may, except where expressly prohibited, redelegate in writing to others delegated authority described in this or other official directives or communications, subject to the limitations stated above and to any other stipulations the EDO may deem necessary.

C. Redelegation Requirements

1. The EDO shall send a memorandum specifying the redelegation to the Secretary of the Commission (SECY), with a copy to the General Counsel, and the CHCO. Any redelegation is to be reflected through the NRC Management Directives System when MDs are updated.

2. The EDO shall stipulate any limitations on further redelegation of authority.

3. The EDO shall maintain a file of all redelegations.

V. DELEGATION OF AUTHORITY TO THE DEPUTY EXECUTIVE DIRECTOR FOR REACTOR AND PREPAREDNESS PROGRAMS (DEDR)

The Deputy Executive Director for R eactor and Preparedness Programs (DEDR) is authorized to

A. Assist and act for the EDO in executing the EDOs responsibility for nuclear reactor regulation, nuclear reactor licensing, nuclear security and incident response, and regional operations, except nuclear material and nuclear waste safety and safeguards activities.

B. Approve or issue all escalated enforcement actions for matters pursuant to 10 CFR Parts 50, 52, and 55 licensees, including orders and civil penalties pursuant to 10 CFR Part 2, Subpart B.

C. Carry out day-to-day supervision, guidance, direction, and coordination of the Directors of NRR and NSIR, and the RAs.

For the latest version of any NRC directive or handbook, see the online MD Catalog. 7

MD 9.17 ORGANIZATION AND FUNCTIONS, OFFICE OF Date Approved: 6/24/2024 THE EXECUTIVE DIRECTOR FOR OPERATIONS

D. Perform the functions described in this or other official directives or communications of authority.

E. Act in the capacity of a Designated Approving Authority (DAA) formally assuming responsibility for operating a system or network at an acceptable level of risk; evaluate the mission, business case, and budgetary needs for an NRC system in view of the security risks; and permit or deny operations or use based on unacceptable security risk. The DAA is accountable to senior leadership and the public through Federal law and regulation.

F. Act, when delegated, for the EDO and DEDM during the EDOs or DEDMs absence and act as necessary to perform their duties.

G. Issue immediately effective orders, including oral orders, in response to imminent security threats. This authority is limited to issuing orders to one or more NRC reactor or materials licensed facilities when urgent action is required because of an imminent security threat. Such threats involve situations where there is too little time to invoke the emergency powers reserved to the Chair, or their designee, in accordance with Reorganization Plan No. 1 of 1980. This authority is limited to ordering an NRC l icensee to implement existing facility procedures for actions necessary to mitigate the potential radiological consequences of the specific imminent security threat. Once an order is given to a licensee under this authority, the DEDR shall initiate actions to promptly inform the Commission and the NRC Executive Team, which consists of the EDO and the DEDOs. Any oral order issued pursuant to this delegation must be put in writing within a reasonable time, consistent with the provisions of 10 CFR 2.202. The DEDR may not redelegate this authority to anyone. In addition, the Director, NRR, and the Director and Deputy Director, NSIR, are also authorized to issue orders provided for in this paragraph with the same scope and limitations as the DEDR. If the Chair or their designee invokes the emergency powers of Section 3 of Reorganization Plan No. 1 of 1980 during any specific imminent security threat, the authority to issue orders under this delegation for the duration of the emergency is super seded.

H. Perform other functions assigned by the EDO.

For the latest version of any NRC directive or handbook, see the online MD Catalog. 8

MD 9.17 ORGANIZATION AND FUNCTIONS, OFFICE OF Date Approved: 6/24/2024 THE EXECUTIVE DIRECTOR FOR OPERATIONS

VI. DELEGATION OF AUTHORITY TO THE DEPUTY EXECUTIVE DIRECTOR FOR MATERIALS, WASTE, RESEARCH, STATE, TRIBAL, COMPLIANCE, ADMINISTRATION AND HUMAN CAPITAL PROGRAMS (DEDM)

The DEDM is authorized to

A. Assist and act for the EDO in executing the EDO s responsibility for research, nuclear material, and nuclear waste safety and safeguards programs, including the portion of regional operations dealing with NMSS activities, liaison with States and Indian Tribes,

and oversight of enforcement and investigation functions, and rulemaking. Assist and act for the EDO in executing the EDOs responsibility for corporate services, including human resources, agency space planning and facilities management, personnel and facility security, acquisition management, and centralized administrative services (parking, mail, printing, graphics, audio/visual services, editing, furniture and supplies, and event support).

B. Approve or issue all escalated enforcement actions except for matters pursuant to 10 CFR Parts 50, 52, and 55 licensees, including orders and civil penalties pursuant to 10 CFR Part 2, Subpart B.

C. Supervise, guide, direct, and coordinate the Directors of ADM, NMSS, OE, OI, and RES, and the CHCO.

D. Perform the functions described in this or other official directives or communications of authority.

E. Act, when delegated, for the EDO or DEDR during the EDOs or DEDRs absence and perform their duties.

F. Issue immediately effective orders, including oral orders, in response to imminent security threats. This authority is limited to issuing orders to one or more NRC reactor or materials licensed facilities when urgent action is required because of an imminent security threat. Such threats involve situations where there is too little time to invoke the emergency powers reserved to the Chair, or their designee, in accordance with Reorganization Plan No. 1 of 1980. This authority is limited to ordering an NRC l icensee to implement existing facility procedures for actions necessary to mitigate the potential radiological consequences of the specific imminent security threat. Once an order is given to a licensee under this authority, the DEDM shall initiate actions to promptly inform the Commission and the NRC Executive Team, which consists of the EDO and the DEDOs. Any oral order issued pursuant to this delegation must be put in writing within a reasonable time, consistent with the provisions of 10 CFR 2.202. The DEDM

For the latest version of any NRC directive or handbook, see the online MD Catalog. 9

MD 9.17 ORGANIZATION AND FUNCTIONS, OFFICE OF Date Approved: 6/24/2024 THE EXECUTIVE DIRECTOR FOR OPERATIONS

may not redelegate this authority to anyone. In addition, t he Director, NMSS, is also authorized to issue orders provided for in this paragraph with the same scope and limitations as the DEDM. If the Chair or their designee invokes the emergency powers of Section 3 of Reorganization Plan No. 1 of 1980 during any specific imminent security threat, the authority to issue orders under this delegation for the duration of the emergency is superseded.

G. Perform other functions assigned by the EDO.

VII. FURTHER LIMITATIONS ON DELEGATIONS OF AUTHORITY

Section 161n of the Atomic Energy Act of 1954, as amended, provides the Commission with general authority to delegate its functions under the Act to other offices of the Commission, except with respect to certain determinations, findings, actions, certific ations, functions, and approvals required of or made by the Commission pursuant to Sections 51, 57b, 61, 108, 123, 145b, 145f, and 161a. In each case, the Commission must take the action. This authority cannot be delegated to any officer below the Commissi on level unless otherwise indicated. These sections are described as follows:

A. Section 51 of the Atomic Energy Act of 1954, as amended The act defines "special nuclear material." However, Section 51 authorizes the Commission to determine that material not included in that definition is to be considered special nuclear material as well. To define any other material as "special nuclear material," the Commission must make certain determinations to which the President must expressly assent in writing.

B. Section 57b of the Atomic Energy Act of 1954, as amended

Section 57b authorizes (1) the production of special nuclear material outside the United States when approved by the Commission and (2) with the approval of the Commission, the distribution and the licensing of special nuclear material outside of the United States.

C. Section 61 of the Atomic Energy Act of 1954, as amended

This section is comparable to Section 51 but deals with "source material" rather than "special nuclear material."

D. Section 108 of the Atomic Energy Act of 1954, as amended

Section 108 authorizes the Commission to (1) suspend a license, (2) recapture special nuclear materials, or (3) enter and operate or order the operation of a licensed facility when the Congress declares that a state of war or a national emergency exists. In the exercise of any of these authorities, certain findings concerning the common defense and security must be made.

For the latest version of any NRC directive or handbook, see the online MD Catalog. 10

MD 9.17 ORGANIZATION AND FUNCTIONS, OFFICE OF Date Approved: 6/24/2024 THE EXECUTIVE DIRECTOR FOR OPERATIONS

E. Section 123 of the Atomic Energy Act of 1954, as amended

Section 123, as substantially modified by Public Law 95-242, prohibits cooperation with other nations without certain authorizing actions taken by the Commission, the Congress, and the President.

F. Section 145b of the Atomic Energy Act of 1954, as amended Section 145b deals with security matters and establishes restrictions on (1) employment of personnel by the Commission and (2) granting that personnel access to Restricted Data without having performed certain investigations relating to their character, associations, and loyalty. In the case of employing personnel, certain prerequisite determinations are required of the Commission. Authority to render these determinations may be delegated to an officer below the Commission level. In the case of granting employees access to Restricted Data without the necessary investigations, the required determination (i.e., that this action will not endanger the common defense and security) must not be delegated to an officer below the Commission level.

G. Section 145f of the Atomic Energy Act of 1954, as amended

This section provides that the Commission will certify positions in the Commission that are of a high degree of importance or sensitivity, thereby requiring an investigation of persons to fill those positions by the Federal Bureau of Investigations.

H. Section 161a of the Atomic Energy Act of 1954, as amended

This section authorizes the Commission to establish advisory boards.

VIII. OEDO ORGANIZATION

An organization chart showing the internal organization of the office is available on the OEDO internal SharePoint site at https://usnrc.sharepoint.com/sites/oedo-hub. OEDO organization and functions are also available on the NRC public website at https://www.nrc.gov/about-nrc/organization/edofuncdesc.html.

IX. REFERENCES

Code of Federal Regulations 10 CFR Chapter I, Energy, Parts 1 -199.

Part 2, Rules of Practice for Domestic Licensing Proceedings and Issuance of Orders.

For the latest version of any NRC directive or handbook, see the online MD Catalog. 11

MD 9.17 ORGANIZATION AND FUNCTIONS, OFFICE OF Date Approved: 6/24/2024 THE EXECUTIVE DIRECTOR FOR OPERATIONS

Subpart B, Procedure for Imposing Requirements by Order, or for Modification, Suspension, or Revocation of a License, or for Imposing Civil Penalties.

Part 7, Advisory Committees.

Part 8, Interpretations.

Part 9, Public Records.

Subpart C, Government in the Sunshine Act Regulations.

Part 50, Domestic Licensing of Production and Utilization Facilities.

Part 52, Licenses, Certifications, and Approvals for Nuclear Power Plants.

Part 55, Operators Licenses.

Part 110.40, Commission Review.

29 CFR, Labor, Subtitle B, Regulations Related to Labor, Chapter XIV, Equal Employment Opportunity Commission, Part 1614, Federal Sector Equal Employment Opportunity.

Nuclear Regulatory Commission Documents

Commissioner Assistant Note from Mary C. Muessle, Acting Assistant for Operations, Transfer of Performance Improvement Officer Responsibilities, March 25, 2011 (ML110820546).

Delegations of Authority

Memorandum to Darren B. Ash, Martin J. Virgilio, and Bruce S. Mallett, Deputy Executive Directors for Operations, from Luis A. Reyes, Executive Director for Operations, Designated Approving Authority, September 25, 2007 (ML072630477 ).

Memorandum to Darren B. Ash, Deputy Executive Director for Corporate Management, from R. W. Borchardt, Executive Director for Operations, Delegation of Authority for Responses to Freedom of Information Act and Privacy Act Appeals, June 15, 2009 (ML14358A070).

Memorandum to Those on the Attached List from R.W. Borchardt, Executive Director for Operations, Delegation of Authority to Issue Orders in Response to Imminent Security Threats, November 20, 2009 ( ML092670411).

Memorandum to Darren B. Ash, Deputy Executive Director for Corporate Management, from R. W. Borchardt, Executive Director of Operations, Delegation of Authority, April 30, 2010 (ML100840021 ).

For the latest version of any NRC directive or handbook, see the online MD Catalog. 12

MD 9.17 ORGANIZATION AND FUNCTIONS, OFFICE OF Date Approved: 6/24/2024 THE EXECUTIVE DIRECTOR FOR OPERATIONS

Memorandum to the Chairman Jaczko from J. E. Dyer, Chief Financial Officer, and R. W. Borchardt, Executive Director for Operations, Request for Chairman Approval for the Transfer of Performance Improvement Officer Responsibilities, March 10, 2011 (ML11080A042).

Memorandum to R. W. Borchardt, Executive Director for Operations, from Chairman Gregory B. Jaczko, Delegation of Contractual Authority, March 23, 2011 (ML110540470).

Memorandum to Chairman MacFarlane from R. W. Borchardt, Executive Director for Operations, Updated Documentation of Existing Authority of the Executive Director for Operations to Issue Orders, May 24, 2013 (ML13137A477 ).

Memorandum to R. W. Borchardt, Executive Director for Operations, from Chairman Macfarlane, Documentation of Existing Delegated Authority to the Executive Director for Operations, June 18, 2013 (ML13249A022 ).

Memorandum to Victor M. McCree, Executive Director for Operations, from Chairman Burns, Designation of Senior Real Property Officer, February 10, 2016 (ML15363A366).

Memorandum to Pamela R. Baker, Director, Office of Small Business and Civil Rights, from Margaret M. Doane, Executive Director for Operations, Delegation of Authority in Equal Employment Opportunity Complaints. September 13, 2018 (ML17031A029 ).

Memorandum to Daniel H. Dorman, Executive Director for Operations, from Marissa Bailey, Assistant for Operations, Reorganization of the Functions Under the Assistant for Operations Within the Office of the Executive Director for Operations, September 21, 2023; Approved November 13, 2023 ( ML23155A009).

NRC Public Website, at https://www.nrc.gov/about-nrc/organization/edofuncdesc.html.

Office of the Executive Director for Operations SharePoint Site, at https://usnrc.sharepoint.com/sites/oedo-hub.

NUREG-0430, Licensed Fuel Facility Status Reports for Inventory Difference Data.

United States Code Administrative Procedure Act (5 U.S.C. 551(4)).

Atomic Energy Act of 1954, as amended (42 U.S.C. 2011 et seq.).

Freedom of Information Act of 1966, as amended (5 U.S.C. 552).

Government Performance and Results Act (GPRA) Modernization Act of 2010, Public Law 11-352.

For the latest version of any NRC directive or handbook, see the online MD Catalog. 13

MD 9.17 ORGANIZATION AND FUNCTIONS, OFFICE OF Date Approved: 6/24/2024 THE EXECUTIVE DIRECTOR FOR OPERATIONS

Investigation of Prohibited Personnel Practices; Corrective Actions (5 U.S.C. 1214(d) and (e)).

Nuclear Non-Proliferation Act of 1978 (22 U.S.C. 3201).

Provisions Relating to Disclosure of Violations of Law, Gross Mismanagement, and Certain Other Matters (5 U.S.C. 1213(c)(1), (g)(1), and (g)(2)).

Reorganization Plan No.1 of 1980 (NRC) (5 U.S.C. App.).

For the latest version of any NRC directive or handbook, see the online MD Catalog. 14