ML20235A592
| ML20235A592 | |
| Person / Time | |
|---|---|
| Issue date: | 04/16/1985 |
| From: | Shelton B NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Philips J NRC OFFICE OF ADMINISTRATION (ADM) |
| Shared Package | |
| ML20235A568 | List: |
| References | |
| FOIA-87-577 NUDOCS 8709230349 | |
| Download: ML20235A592 (2) | |
Text
_ _-_
'g' g O u m m s1 m s NUCLEAR REGULATORY COMMISSION O.
e[ E WASHINGTON, D. C. 20555 :
- April 16,1985-7 MEMORANDUM FOR: John Philips, Chief Rules and Procedures Branch Division of Rules and Records Office of Administration FROM: Brenda Jo. Shelton, Chief Paperwork Management Services Section Document Management Branch, TIDC '
i Office of Administration l
SUBJECT:
REQUEST FOR COMMENT / CONCURRENCE ON THE PART 1 - FINAL RULE, DELEGATION OF SUBP0ENA AUTHORITY In reply to'your subject memorandum, the Document Management Branch's (DMB) response is provided below:
/J/ The Paperwork Reduction Act statement is correct for the subject rule.
/ f The Paperwork Reduction Act statement should be changed to statement number of the " Revised Paperwork Reduction Act Statement for SpeHfic Situations."
/2 .Do not release the F_ederal Register Notice for publication until further notice.
/X/ The Federal Register Notice can be released for publication. ;
/2 Enclosed is a copy of the DMB, TIDC memorandum to the program office addressing our concerns with the subject rule.
/ f A copy of the will'be forwarded at a later date.
wdx qp .e- ) ;
Bre a Jo. helton, Chief Paperwork anagement Services Section Document Management Branch, TIDC i Office of Administration 8709230349 870919 PDR FOIA CONDIT87-577 PDR FoeA-s7-sqq !
. 31 w w
O O ,m Rules and Regulations r d- ' =+=
Vol 30, No. 97 Monday, May 30, 1986 The section of the FEDERAL REGISTER assuring an adequate legal basis for amended, and 5 U.S.C. 553, the NRC is contams regidatory sloownenes he*8 issuing the subpoena, (2) questioning adopting the following ===Am=a' to 10 general aryecaMay and legsf eNect, snoet whether the agency has exhansted obr CFR Part 1.
d wNch ase hered to and N h mechanisms for obtaining the the Coos of Fedent RegiAshone, which is information, and (3) assuring on balance PART 1-STATEMDfT OF g"*
that a subpoena is the appropriate ORGANIZATION AND GDERAL INFORMATION The Code d Federal Regulations e acid mechanism to obtain the information.
ty the Supemeendent of Documents. This review process is consJdered to be Pnces of new books are hated in the proper for staff subpoenas. However. 1. *!be anthart citation for Part i first FEDERAL REGISTER issue of each this review may not be always continnes to ma as follows-week. appropriate for 01 requested subpoenas Auahedty: Sec. not Pub.1. as-Pea, es Sant.
in view of the separation of funcuons sea (42 U.S.C. 2apti; secs. set, ama, sos, ans, between the Of and the EDO staff and 200, Pub. L es-4as, se Seat.12411244, NuctE.AR fEGULATORY organizations. ft may also not be the 1245,124a, and 124s 142 U.sc. seet, seen, COMMISSION most efficient way for 01 to obtain a 5844. 5:45, and sado); Pub.1. 96-7& 83 Stat.
s ena. 413 and 5 m 552 and 551 10 CFR Part 1 tion 1.36 is revised to reed as Delegation of #ahra=== AuthorNy should be de esa ed aut or y toissue j.
subpoenas. 01 would consult with the Aossocy: Nuclear Regulatory staff before issuing a subpoena to g s.3g ovnceetimposesseons.
Commission. determine whether the staff already has ACTIces: Final rule, the information being sought. na GEce dinveedentions:
. Pursuant to EDO and Ol (a) Develops policy, precedures and summeasiv:%e Nuclear itegulatot7 recommendations, the nn=- asion quality contral standesels for the Commiseios is amendmg its regulations voted on January 11,1985, to delegate to conduct of a5 NRC invesdgstaans of to reflect the Cessaission's decision to the Director. Office oflav==*='"- b licensees, permitteen, applicants, and delegate authorWy to the Offim af authority to lasne subpoenas'under their contractose and s==dora, Investigations to issue subpoenas where section 161c of the Atannic EnerEy Act of (b) Conducts and , ..&-
inveedgetkus within the scope d MtC necessary or = ; m.c fee the conduct 1954 as ==-aA=A where narammary or of investigations. The ===adment will appropriate for the mnduct of antherity, exampf thmes r=meensing NRC permit the Offim,ef 1,evesu'gations (OQ investigations, employees and NitC cameractore; to issue s- y _y a subpoena Since these are minne, procedural (c) Assures the apsehty of during the couree of investigations, amendments relating to agency . investigations; trFacTive DATsc June 19,1985- organization and management, notica (d) Maintains current awareness of Fon Pusmessi asPosusATsoss coseTACT: and opportunity for comment are not inquiries and inspections by other NRC polly Schofield OfLee ofInvestigations, required by the Admimstrative offices to identify the need for formal U.S. Nuclear Regulatory Commission. Prneadure Act under & U.SE. 553 or bF investigations:
Wa shington, D.C. 25555, Telephone (301) to CFR 2JIDe(dj. (e) Makes appropriate referrals to the M2424& Envtremnentalhupset Categorkal Department of Justics; smatum suponnamst Exdusion (f) Keeps Enmmission and involved Background The NRC has determined that this NRC Offices currently apprised of action described ers un a h as y By memorandum dated July 20.1982, final rule is the t} p the Commission approved SECY 82-23g in categorical ex - 10 Cat 17 51.22(cj[1). *I1serefort, madhar an comanon defense and security, (June 9,1982) and delegated the environmental quality, or the antitrust authority to issue subpoenas to the environmental impact staterment nor an environmental assesarment has been laws:
Executive Dtrector for Operstions.
Under that enthority, subpoenas have prepared for this final rule. (g)lasues - A~-a" where necessary been issued in five matters. In two caece Paperwork Reduction Act Statement investigations,.
subpoenas have been issued to support I staff action. In three cases, incloding We final mle contains no information (h) Maintains liaison with other nu where 47 esbpoenas were issued, collection requirements and therefore is agencies and organizations to ensure the subpoenas were lesued under the EDO's not subject to the requirements of the timely ==chane of information of -
i authority to support Ors investigations. Paperwork Rednetian Act of 1980 (44 mutualinterest.
The EDO issued subpoenes at the U.S.C. 3501 at M Dated in Weshington. DC, tids 14th day of request of Oi because OI did not have list of Subjects in to CFR Part 1 May tees.
the independent authority to issue For the Nuclear Regulatory Commission.
Orpnu ation and functions.
In those cases where the sebpoena is Far sesoons set out in the preamble 8""""I I' CO' being used to suppmt an Of and under the nothority of the Atanic hM@ h invandgetion, the staff function la Energy Act of 1954, as mn== dad the (FR Doc. 86-12005 Mind 5-17-4e; tres enj reviewsag a subpoena is essenhaMy (1) Energy Reart'""h= tion Act of1F4, as == = coat runs.ows 9n-s>sw n, M %
$