ML20128D935

Delegation of Subpoena Authority, 10CFR1 Final Rule. Authority for Issuance of Subpoenas Will Be Delegated to Ofc of Investigations to Facilitate Conduct of Investigations, Effective 850619

ML20128D935
Person / Time
Issue date:	05/14/1985
From:	Chilk S NRC OFFICE OF THE SECRETARY (SECY)
To:
References
FRN-50FR20741, RULE-PR-1 NUDOCS 8505290249
Download: ML20128D935 (4)

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NUCi. EAR REGULATORY COMMISSION 10 CFR Part 1 Delegation of Subpoena Authority DOCKETED USNRC AGENCY: Nuclear Regulatory Comission. '85 MAY 20 P4:05 k[0CK$if G & Ebbf ACTION: Final rule. BRANCH

SUMMARY

The Nuclear Regulatory Comission is amending its regulations to reflect the Comission's decision to delegate authority to the Office of Investigations to issue subpoenas where necessary or appropriate for the conduct of investigations. This amendment will permit the Office of Investigations (01) to issue independently a subpoena during the course of investigations.

EFFECTIVE DATE:

gyg FOR FURTHER INFORMATION CONTACT: Polly Schofield, Office of Investigations, U.S. Nuclear Pegulatory Comission, Washington, DC 20555, Telephone (301) 492-7246.

SUPPLEMENTARY INFORMATION:

BACKGROUND By memorandum dated July 20, 1982, the Comission approved SECY 82-239 (June 9,1982) and delegated the authority to issue subpoenas to the Executive Director for Operations. Under that authority, subpoenas have been issued in

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five matters. In two cases subpoenas have been issued to support staff action.

I In three cases, including TMI where 47 subpoenas were issued, subpoenas were issued under the ED0's authority to support 01's investigations. The EDO issued subpoenas at the request of OI because 01 did not have the independent authority to issue subpoenas.

In those cases where the_ subpoena is being used to support an 01 investigation, the staff function in reviewing a subpoena is essentially (1) assuring an adequate legal basis for issuing the subpoena, (2) questioning whether the agency has exhausted other mechanisms for obtaining the information, and (3) assuring on balance that a subpoena is the appropriate mechanism to obtain the information. This review process is considered to be proper for staff sut,poenas. However, this review may not be alwayt appropriate for 01 requested subpoenas in view of the separation of functions between the 01 and the EDO staff organizations. It may also not be the most efficient way for 0I to obtain a subpoena.

The ED0 and 01 agreed that 01 should be delegated authority to issue subpoenas. OI would consult with the staff before issuing a subpoena to determine whether the staff already has the information being sought.

Pursuant to ED0 and 01 recommendations, the Commission voted on January 11, 1985, to delegate to the Director, Office of Investigations, the authority to issue subpoenas under Section 161c of the Atomic Energy Act of 1954, as amended, where necessary or appropriate for the conduct of investigations.

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.c Since these are minor, procedural amendments relating to agency organization and management, notice and opportunity for comment are not required by'the Administrative Procedure Act'under 5 U.S.C. 553 or by 10 CFR 2.804(d).

~ Environmental Impact: Categorical Exclusion The NRC has determined that this final rule is the type of action described in categorical exclusion 10 CFR 51.22(c)(1). Therefore, neither an

. environmental impact statement nor an environmental assessment has been

_ prepared for this final rule.

Paperwork Reduction Act Statement This final rule contains no information collection requirements and therefore is not subject to the requirements of the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.).

List of Subjects in 10 CFR Part 1 Organization and Functions For reasons set out in the preamble and under the authority of the Atomic  :

Energy Act of 1954, as amended, the Energy Reorganization Act of 1974, as amended, and 5 U.S.C. 553, the NRC is adopting the following amendment to 10 CFR Part 1.

IO PART 1 - STATEMENT OF ORGANIZATION AND GENERAL INFORMATION

1. The authority citation for Part 1 continues to read as follows:

AUTHORITY: _Sec. 161, Pub. L.83-703, 68 Stat. 948 (42 U.S.C. 2201); secs. 201, 203, 204, 205, and 209, Pub. L.93-438, 88 Stat. 1242, 1244, 1245, 1246, and 1248 (42 U.S.C. 5841, 5843, 5844, 5845, and 5849); Pub. L. 94-79, 89 Stat.

413; and 5 U.S.C. 552 and 553.

2. Section 1.36 is revised to read as follows:

91.36 Office of Investigations The Office of Investigations: (a) develops policy, procedures and quality control standards for the conduct of all NRC investigations of licensees, permittees, applicants, and their contractors and vendors; (b) conducts and supervises investigations within the scope of NRC authority, except those concerning NRC employees and NRC contractors; (c) assures the quality of investigations; (d) maintains current awareness of inquiries and inspections by other NRC offices to identify the need for formal investigations; (e) makes appropriate referrals to the Department of Justice; (f) keeps Commission and involved NRC Offices currently apprised of matters under investigation as they affect public health and safety, the common defense and. security, environmental quality, or the antitrust laws; (g) issues subpoenas where necessary or appropriate for the conduct of investigations; (h) maintains liaison with other agencies and organizations to ensure the timely exchange of information of mutual interest.

Dated in Washington, DC, this /

F day of

%9 1985.

the Nuclear Regulatory Commission.

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Samuel J. Cpilk Secretary qf the Commission

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