ML20132B330

Requests That Executive Director of Operations Be Delegated Authority to Issue Subpoenas During Course of Investigations or Insps,W/Power to Redelegate Authority to Director,Ie & Regional Administrators

ML20132B330
Person / Time
Issue date:	06/09/1982
From:	Dircks W NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To:
Shared Package
ML20132B335	List: IA-85-389, Responds to FOIA Request for SECY-82-239.Document Encl. Document Also Available in PDR ML20132B330 ML20132B338 ML20133Q078
References
FOIA-85-389, TASK-PINV, TASK-SE SECY-82-239, NUDOCS 8206230258
Download: ML20132B330 (2)

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June 9,1982 [ ) , ,g *( SECY-82-239 e

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POLICY ISSUE ./ ,.

e For: The Ccmi4Nottttion Vote) 'l ,,l. W.1 , ,_ ' . -W

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William J. Dircks N

From:

Executive Director for Operations 3 EYS - dI' -Q4 s DELEGATION OF SUEp0ENA AUTHORITY /3

Purpose:

To delegate to the Executive Director for Operatiens the authority to issue subpoenas during the course of investiga-tions or inspections, with the power to redelegate that authority to the Director, Office of Inspection and Enfcrcement, and to Regional Administrators.

Discussion: Secticn 161(c) of the Atomic Energy Act of 1954, as a ended, authorizes the Ccmission to " administer oaths and af fir ations, and by subpcena to require any person to appear and testify, or to appear and produce documents, or both, at any designated .

, 4 place." On August 21, 1979 the Chain an delegated authority s to administer oaths and affirmations to the Directer, Office of Inspection and Enforcement. This authority, since redele- f gated to the five Regional Administrators, has proved to te a valuable tcol when used in furtherance of investigations and inspecticns. Similarly, the subpcena authcrity prcvided under Section 161(c) has also proved invaluable, although (

this authority has not yet been delegated to the Staff. In {

several instances, the use of a subpcena was considered nec- .

essary by the Director of the Office of Inspection and Enforce- (

rent to further an cngoing investigation. In each case the l Cemission has concurred that the need for a sub;cena was valid and authorized its issuance.

Mcst recently, during the past month, subccera poae' was [-

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scught to assist the Administrators of Eegion I anc Regicn in ongoing investigations. During the Ccmissicn reeting on the request for Regicn I, the question of a ger.eral delegation j

of subpcena authcrity was discussed. A general delega:icn l

j of subpcena authority to the staff would be Cf assistar.ce

' in ef ficiently conducting inspections and investigations.

Such a delegation would avoid in the middle of an engcing inspecticn or investigation the delay asscciated with ct:ain-ing a specific delegatien directly frcm the Cc rissicn.

J. Lieberman, li 2*909 623 020609 CF SUBJ CF

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The Comissioners The Staff recogni:es that investigations will in the future be conducted by the Comission's Office of Investigations.

Hcwever, that office is not yet operational nor is the jurisdiction (investigations vs inspections) of that office delineated. The Staf f, therefore, believes that it may in  ;

the future need to obtain subpoenas as part of inspections which it r.ay conduct and investigations pending the activa-tion of the Office of Investigations. ,

Recccrendatioq: That the Comission delegate to the Executive Director for Ocerations for further delegatien to the Director of the Office of Inspection and Enforcerent and Regional Admini-strators the authority to istue subpoenas where necessary or appropriate for the conduct of inspections or investigations.

The issuance of any subpoena will require the concurrence of the Office of the Executive Legal Director and consulta-tion with the Office of Investigation. A draft delegation is enclosed.

Note that the Acting Director of the Office of Investigations concurs with this request.

William J. Dircks Executive Director for Operatiens

Enclosure:

Draft Delegation cf Authority Mer.orandum 1 t

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Comissioners' coments or cc isent should be provided directly to the .g Office of the Secretary by c.o.b. Fonday, June 28, 1982.

Comission Staf f Of fices coments, if any, should be submitted to the Comissioners NLT Monday, June 21, 1982, with an inferration copy to the Office of the Secretary. If the paper is of such a nature that it requires additional time for analytical review and coment, the Comissioners and the Secretariat should be apprised of when comments may be expected.

DISTRIBUTION:

Comissioners OCA ASLBP 00C OIA ASLAP OPE OPA Regional Offices E00 0CA ELO J

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