ML20249C772

Informs That Brazil Comissao Nacional De Energia Nuclear Would Like to Attend (at Own Expense) One of Emergency Preparedness Mock Exercise Drills in 1998

ML20249C772
Person / Time
Issue date:	09/23/1997
From:	Diaz N NRC COMMISSION (OCM)
To:	Dicus G, Shirley Ann Jackson, Mcgaffigan E, The Chairman NRC COMMISSION (OCM)
Shared Package
ML20249C767	List: IA-98-121, Informs That Commission Concurred in Recipient Proposal That Chairman & Commissioners Shall Become Cognizant of Agency Emergency Procedures & Responses & Develop Schedule for Commissioners Training & Participation in Exercises ML20249C766 ML20249C772 ML20249C775 ML20249C777 ML20249C783 ML20249C789 ML20249C791 ML20249C796 ML20249C819 ML20249C821 ML20249C822 ML20249C824
References
FOIA-98-121 NUDOCS 9807010180
Download: ML20249C772 (71)

Text

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• UNITED STATES 8 o NUCLEAR REGULATORY CCMMISSION g j WAKHINGTCN, D.C. 20655 l

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CCMMISSICNEM

. September 23,1997 l

NOTE TO: Chairman Jackson Commissioner Dieus Commissioner McGaffigan -

I l FROM:

Commissioner Diaz/.

As you know, following my trip to Brazil I explored with NRC's AEOD staff the possibility of having staff from Brazil's Comisseo Nacional de Energia Nuclear (CNEN) attend one of our emergency preparedness mock exercises. This is to let you know that the staff has been receptive and the Brazilians would like to attend (at ther own expense) one of i the drills in.1998, l As soon as the AEOD schedule for the 1998 exercises is drafted, I will be sending it to --

the CNEN. Our respective staffs can then make mutually agreeable arrangements.

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b-= a+'- Presidential Documents J yot. 4s. No.117

. Monday June 10.198o 1

! Title 3- liEORGANIZATION PLAN.NO.1 OF 1980

. , i The President Prepared by the President and submitted to the Senate and the House of l Representatives in Congrsss assembled March 27,1980,8 pursuant to the provi-  !

. sions of Chapter 9 of Title 5 of the United States Code. - ,

Nuclear Regulatory Commission i.

Section 1. (a) Those functions of the Nuclear Regulatory Commission, herein-

- after referred to as the " Commission", concerned with: ,

(1) policy formulation: -

(2) rulemaking, as defined in section 553 of Title 5 of the United States Code, except that those matters set forth in 553(a)(2) and (b) which do not pertain to policy formulation orders or adjudications shall be reserved.to the Chairman

of the Commission- ~

3 (3) orders and adjudications, as defined in section 551 (6) and (7) of Title 5 of '

the United, States Code:

1. .

! shall remain vested in the Commission. The Commission may deprmine by

, majority vote in an area of doubt, whether any matter, action. Tuestion or

' "' area of inquiry pertains to one of these functions. The performance of any 4; portion of these functions may be delegated by the Commission to a memb'er Yi of the Commission, including the Chairman of the Nuclear Regulatory Com-j mission, hereinafter referred to as the " Chairman", and to the staff through the i

i Chairman.

I (b)(1) With respect t'o the following of5cers or successor officers duly estab-i lished by statute or by the Commission, the Chairman shall initiate the j appointment. subject to the approvcl of the Commission: and the Chairman or f a member of the Commission may initiate an a;ction for removal, subject to the

approvalof the Commission

,

1 (i) Executive Director for Operations.

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f (ii) General Counsel, jf (iii) Secretary of the Commissica.

(iv) Director of the Office of Policy Evaluation, , ,

t (v) Director of the Office of Inspector and Auditor.

(vi) Chairman Vice Chairman. Executive Secretary, and Members of the y

Atomic Safety and Licensing Board Panel.

U (vii) Chairman, Vice Chainnan and Members of the Atomic Safety and h Licensing AppealPanel.

! (2) With respect to the following officers or successor officers duly established i

by statute or by the Commission, the Chairman after consultation with the j! Executive Director for Operations, shall initiate the appointment, subject to

- the approval of the Commission, and the Chairman, or a metaber of the f" Cornmission may initiate an action for removal, subject to the approval of the Commission:

6 (i) Director of Nuclear F.eactor Regulation.

\J ):; (ii) Director of Nuclear Material Safety and Safeguards, i

l  : As amended May s.1s30.

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40:G2 rederal Register / Vol. 45, No.117 / Monday. June 16,1980 / Presidential Documents i __

w (iii) Director of Nuc! car Regulatory Research, (iv) Directer ofinspection and Enforcement.

(v) Director cf Standards Development.

(0) The Chairman er a member of the Ccmmission shall initiate the appoint.

ment of the. Members of the Advisory Committee on Reacter Safeguards,

' subject to the approval of the Commission. The provisions for appointment of the Chairman of the Advisory Committee on Reactor Safeguards and the terrn of the members shall not be affected by the provisions of this Reorganization Plan.

(4) The Commission shall delegate the function of appointing, removing and supervising the staff of the following offices or successor offices to the respective heads of such offices: General Counsel, Secretary of the Commis.

sion, Office of Policy Evaluation Office of Inspector and Auditor. The Com-mission shall delegate the functions of appointing, removing and supervi3ing the staff of the following panels and committee to the respective Chairmen thereof: Atomic Safety and L! censing Board Panel. Atomic Safety and Licens.

Ing Appeal Panel and Advisory Committee on Reactor Safeguards.

(c) Each rnember of the Commission shall continue to ap' point. remove and supervise the personnel employed in his or her 1rmnediate office.

(d) The Commission shall act as provided by subsection 201(a)(1) of the Energy Reorganization Act of 1974, as amended (42 U.S.C. 5841(a)(1)) in the performance of its functions as described in subsections (a) and (b) cf this section.

, l Section 2. (a) All other functions of the Commission, not specifi$d by Section 1 of this Reorganliatien Plan, are hereby transferred to the Chairman. The Chairman shall be the official spokesman for the Commission, and shall appoint, supervise, and remove, without further action by the Commission, the Directors and staff of the Office of Public Affairs and the Office of Cor';;res.

sional Relaticas. The Chairman may consult with the Commission as he deems appropri' ate in exercising this appointment function.

(b) The Chairman shall also be the principal executive officer of the Commis-sion, and sha!! be responsible to the' Commission fer developing policy j planning and guidance for consideration by the Commission shall be respon-  ;

sible to the Commission for assu-ing that the Executive Director for Oper- '

ations and the staff of the Commissign (other than the . office,rs and staff referred to in sections (1)(b)(4), (1)(c) ahd (2)(a) of this Reorganization Plan) are responsive to the requirements of the Commission in the performance of l its functions: shall determine the use end expenditure of funds of the Commis-sion, in accordance with the distribution of appropriated funds according to major programs and purposes approved by the Commission: shall present to the Ccmmission for its consideration the proposals and estimates set forth in subsection (3) of this paragraph: and shall be responsible for the fo!!owins functions, which he shall de!egate, subject to his direction and supervision, to the Executive Director for Operations unless otherwise provided by this i Reorganization Plan:

(1) administrative functions cf the Commission:

(2) distribution cf business among such personnel and among administrative units cad offices of the Co nnission; (3) preparatica cf (iTproposals for the reorganization of the major offices within the Commission: -

(ii) the budget estimate for the Commission: and '

(iii) the preposed distribution of appropriated funds according to majcr pro-grams and perposes.

(4) appointing and removing without any further action by the Commission, ell officers and employees under the Commission other than those whose ap-i

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E Federal Register / Vol. 45. No.117 / Monday, June 18.1980 / Presidential Documents

_ -. 40563 pointment and removal are specifically provided for by subsections 1 (b), (c) and 2(a) of this Reorganization Plan.

(c) The Chairman as principal executive officer and the Executive Director for l Operations shall be govemed by the general policies of the Commission and by such regulatory decisions, findings, and determinations, including those for reorganization. proposals, budget revisions and distribution of appropriated funds. as the Commission may by law. including this Plan, be authorized to

, make. The Chairman and the Executive Director for Operations, through the Chairman, shall be responsiiale for insuring that the Commission is fully and currently informed about matters within its functions.

Section 3. (a) Notwithstanding sections 1 and 2 of this Reorganization Plan, there are hereby transferred to the Chairman all the functions vested in the Commission pertaining to an emergency concerning a particular facility or x

., materials licensed or regulated by the Commission, including the functions of i

declaring, responding, issuing orders, determining specific policies, advising F the civil authorities and the public, directing. and coordinating actions relative i . to such emergency incident.

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-} (b) The Chairman may delegate the authority to perform such emergency .

I functions,in whole or in part, to any of the other members of the Commission. -

J Such authority may also be delegated or redelegated, in whole or in part, to s

the staff of the Commission.

(c) In acting under this section, the Chairman. or other member of the

!' Commission delegated authority under subsection (b), shall conform to the pclicy guidelines of the Commission. To the maximum extent possible under the emergency conditions, the Chairman or other member of the Cpmmission delegated authority under subsection (b), shall inform the Comisission of l

actions taken relative to the emergency. .

Ib (d) Following the conclusion of the emergency, the Chairman or the member of the Commission delegated the emergency functions under subsection (b),

shall render a complete and timely report to the Commission on the actions taken during the emergency. ,

a Section 4. (a) The Chairman may make such delegations and provide for such j reporting as the Chairman deems necessary, subject to provisions oflaw and i - this Reorganization Plan. Any officer or employee under the Commission may

, 1 communicate directly to the Commis'sion. or to any member of the Commis-l 3- sion. whenever in the view of such officer or'e.mployee a critical problem or

! public health and safety or common defense;and security is not being. properly

t. addressed. -

(b) The Executive Director for Operations shall report for all matters to the

; Chairman.

1 (c) The function of the Directors of Nuclear Reactor Regulations, Nuclear Material Safety and Safeguards, and Nuclear Regulatory Research of reporting directly to the Commission is hereby transferred so that such officers report to the Executive Director for Operations. The function of receiving:such reports is hereby transferred from the Ccamission to the Executive Director for Operations.

(d) The heads cf the Commission level offices er successor offices. of General Counsel Secretary to the Commission, Office of Policy Evaluation. Office of Inspector and Auditor, the Atomic Safety and Licensing Board Panel and Appeal Panel, and Advisory Comm!ttee on Reactor Safeguards shall continue I to report directly to the Cornm!ssion and the Commission shall continue to

? reccim such reports. l Sectinc 5. The previsions of this Reorgan!zation Plan shall take effect October 1.1930, or at such earlier time cr times as the President shall specify, but no 1

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4 405S4 Federal Regist:r / Vol. 45. No.117 / Menday, June 16.1950 / Presidential Docurnents g

i = l sooner than the earliest time allowable under Section 906 of Tit!e 5 ci tha ~

l United S:ates Code. ,

l LEGISLATIVE HISTORY:

V.TIKLY COMPILATION OF PRESIDENTIAL DOCL%iENTS:

Vol IS. No.13: Mar. 31 Presidential message transmitting Reorganization P!an No.1 at  !

l 1980 to Congress.

' Vol16. No.19; May 12. Presidential messa;e transmitting arnendments to Reorganization f I Plan No.1 of 1930. (Also printed as House Document No. ss-307.} .

l HOUSE REPORT No. 9b1043 (Cocun. on Government Operations). l l

l SENATE REPORT No. SG-790 (Comm. on Governmental Affairs). j l CONGRESSIONAL RECORD Vol126 (1980): i Mar. 27, H. Res. 624, resolution of disapproval, introduced in House and referred to Com.  ;

l I mittee on Covern:nent Operations.

l Mar. 23. S. Res. 397, resolution of disapproval. introduced in Senate and referred to Com. I I mittee on Governmental Operations.

May 30. H. Res. 624. rejected by House.

(FR Do'c'80-18212 Filed 913-80: 1015 am] f Dating code ans-et-M ,

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l IInion Calendar No. 651 965 CONoatss i HOITSE OF REPRESENTATIVES RErorr l edEculon f No. 96-1043 I a-i l

REORGANIZATION PLAN NO.1 OF 1980 I

mr 21,1980.-Committed to the Committee of the Whole House on the State of the Union and ordered to be printed Mr. Brooks, from the Committee on Government Operations, 5 submitted the following  !

ADVERSE REPORT ,

[To accompany H. Res. 624) iIncluding cost estimate of the Congressional Budget Office]

The Committee on Government Operations, to whom was referred the resolution (H. Res 624) to disapprove Reorganization Plan No. I

• of 1980, having considered the same, report unfavorably thereon and recommend that the resolution do not pass. ,

SUMMARY

AND PURPOSE Reorganization Plan No. I restructures the Nuclear Regulatory Commission by strengthening its management organization. The Plan involves no transfers of functions from or to any other agency of the '

government. However, according to the President, the mternal re-structuring is necessary in order to " . foster safety in all of the .

agency's activities." l

'This Reorganization Plan strengthens the offices of the Chairman and of the Executive Director for Operations. It establishes the Chair-man as the chief executive ofIicer for the N RC, responsible for the day-to-day operations of the agency and for the Commission's response to nuclear emergencies. Under the Plan, the Commission, acting on majority vote, represents the ultimate authority of the NRC. The Chauman will be subject to policies established by the Commission

t. .and the oversight authority of the Commission. The Executive Direc.

tor for Operations would serve as chief line ofIicer, reporting to the Chairman and responsible for such functions as the Chairman directs.

The Plan is also intended to facilitate the NRC's ability to respond during a nuclear emergency. As the President indicated in his message to the Congress, " Experience has shown that the Commission as a (1)

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a clear, unified voice to civil authorities or to the pu l

therefore,specifically authorizes the Chairman to act for the Commis, i sion during such an emergency and insures flexibility by authoriz ,

ing deleg,ation of emergency au,thority to another member Comrnmion.  !

of the <

In would:

Plan submitting the Plan to the Congress, the President said that the [ .

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permit the Commission and the American people to hold one i mdividual-the Chairman-accountable for implementation i i'

of the Commission's policies through effective manacement of the Commission staff. Freed of management and alministra-tivedetails poses for w, the Commission could then concentrate on the pur- '

hich that collegial body was created-to deliberate on the formulation of pohey and rules to govern nuclear safety  ;

and to ! ecide or oversee disposition of mdividual cases. '

The Plan will create no additional cost to the government.

AMENDMENTS In accordance with the Reorganization Act of 1977 (Public Law 95-17), the President, on May 5,1980, submitted to the Congress amendments to Reorganization Plan No.1 of 1980. These amend-ments, which were submitted as a complete rewrite of the Plan (see appendix), make the following major changes submitted: e in th' Plan as originally (1) The Commission will have a greater role in the selection of key program officers. Four additional positions are included in the hst of appointments initiated by the Chairman for the Com-mission's advice and consent. In addition appointments to the Advisory Committee on Reactor Safeguards can be initiated by -

any one of the Commissioners or by the Chairman.

(2) The duty of the Chairman and Executive Director of Operations to keep the Commission fully and currently informed is made explicit.

(3) The Chairman is charged with responsibility for planning <

the development of policy for consideration and approval by the Comuussion.

(4) The Chairman is' required to delegate to the Executive Director of Operations responsibility for the day-to-day admin-  !

istration of the Agency.  !

i HEARINos Hearings were held on May 6,1980, by the Subcommittee on Legislation and National Secur,ty i at which time representatives of the Office of Management and Budget and the Nuclear Regulatory  ;

Commission ested parties forwere heard. Other statements were submitted by inter-the record.

l COMMITTEE VOTE I

House Resolution 624 was reported to the House with a recom-mendation that it not be approved. The voice vote was unanimous.

The committee, therefore, favors Reorganization Plan No.1 of 1980.

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1 DisCUSsloN On March 27, 1980, President Carter submitted Reorganization Plan No.1 of 1980 to the Congress. The plan is significant in its attention to detail. It provides for the internal restructuring of the .

Nuclear Regulatory Commission by designating the Chairman as i chief admimstrative officer, thereby allowing Commissioners to devote greater attention to developing and implementing nuclear safety policies and to ensuring strict enforcement of the terms of licenses which are granted by the Commission. l

. No new agency is established, neither are functions transferred to or from any other government agency.

Background

Three recent studies 8 of NRC operations have resulted in reports which stress that the current diffused management structure of the Commission has contributed to the failure by the NRC to adequately address safety issues. These reports emphasize that no one is account- (

able for running the agency. Current law states that each Commis-sioner "shall have equal responsibility and authority in all decisions and actions;" 8 this language was not changed when in 1975 an amend-ment to the NRC statute was enacted (as n'part of the NRC fiscal year budget authorization) to establish the Chairman as the principal executive officer of the organization." Subsequently, no NRC Chair-man has sought to use this new authority and some Commissioners j

have adamantly opposed any change in the relative authority between the Chairman and other Commissioners. Consequently NRC staff respond to the direction and authority of five individuals. The result .

is a lack of effective priorities for items demanding the time and I' attention of the staff and the Commission. While constructive work is accomplished, often other important and necessary functions re- ,

ceive less than adequate attention.

Responding to recent criticism, the Commission has begun steps to clarify management responsibilities, establish emergency procedures,  ;

and more adequately address its collegial responsibilities. However, ,

in order to rectify the anomolies in existing law and to more fully '

provide for nuclea~r safety matters, the President has determined that '

a new organizational structure is essential for the Commission. The reorganization plan which he submitted rejects recommendations in the recent studies (noted above) that the NRC be operated under a single administrator. Instead, the President maintains an independent Commission to insure a broad spectrum of viewpoints and adequate i safeguards against unwise decisions. At the same time, the Plan pro-poses the necessarv internal reorganization, with administrative over-

sight vested in tlie Chairman, to correct problems associated with diffused leadership discovered m recent studies. The proposed struc-ture frees the individual Commissioners from the necessity of address-ing time-consuming management and administrative details, allowing them to concentrate on developing nuclear regulatory policies and poi ted d he ud ueted at he re es of t e Pr s$e'nt of e' t r ed s ) o e at o sai n are A Niv ers , a 15 trectave in the Energy kg eoorgantastion Act of IW4 (42 L'8C anot).

od accordance with a s 42 U.S.C. $N1(a)(I).

8 42 U.S.C. 5641(s)(2).

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4' rules, arbitratin operate safely g adjudications, and ensuring that licensed facilities Basic structure The reorganization plan assigns to the full Commission those func.

tions which benefit from colle including, policy formulation, gial. deliberation rulemaking by the members--

and adjudication. The Commiss2on sets policy and sees to its pro mission rules and adjudicator licensing enforcement phase. y decisions,perimplementation meluding those in the post- in Com-While participating in the collegial functions outlined above each Member of the Commission will continue to have equal responsi!

bility and authority. Decisions will be reached by majority vote-s consensus is not required. The Plan authorizes the Commission to .

delegate any part of its functions to the Chairman, to any other member, or to the staff through the Chairman-a specific variance. J from present law.

. The Commission will approve the appointment and removal of the heads of the Commission-level offices, the Executive Director for 4 Operations and the directors of the 5 major line offices. Appointments or- removals not specifically designated for Commission approval will be made by the Executive Director for Operations or by the heads of Commission staff offices (except that the Directors of the Office of Public Affairs and the Office of Congressional Relations will be appointed by the Chairman). .

The Plan Commission, placesserving meluding in theas Chainnan all functions principal executive o5cernot andvested acting in the as official spokesman for the Commission. As principal executive officer, the Chairman will determine the use and expenditure of t funds; present the annual budget and major reorganization recom- F

• mendations to the Commission; initiate staff appointments and re- 4 moval actions the Executive as designated Director for Operations;in the Plan; assure supervise the staff, including [; /

staff responsiveness to' the Commiscion

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preparing recommen;dations for presentation to the Commission.take }.

the lead in the developme Information)fote During hearings on this reorganization plan, extreme concern was '

expressed by several incumbent Commissioners over the flow of - i information~to the Commission. The cunent procedure is for each  ;

individual Commissioner to request information petsonally from ~ j Commission staff, including information requiring completely new ; '

development involvmg considerable staff time and resources. Smce '

l the Commissioners have equal authority, such a request is tantamount

!- to a directive to staff. The result is a staff directed by five equals with no central authority to set priorities.  !

The concern that each ' Commissioner will no longer be assured that ,

his individual requests will receive prompt, priority attention is most '

likely valid. As a matter of fact, such individual requests are a direct result of diffused leadership. Without a central authority to focus

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agency objectives, Commissioners have been able to follow individual ,

interests without the appropriate coordination required in the devel-  ;

opment of policy. While requests from individual Commissioners are not precluded by the Plan, and it is contemplated that such ,

requests will receive attention as staff time allows within the estab- ,

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lished priorities,it appears the Commission would be best served by l having guidelines for the development of information established by ~

i the collegial body as part of its policy development function.

The collegial body is the central component of the agency, charged with policy setting, directioh and control. That body should, as a  ;

matter of course, determine the agency's priorities, which are then I carried out under the Chairman's direction. Individual requests I from the Commissioners may not receive priority attention if the  ;

requested work does not come within the subject areas determined by c the Commission as requiring primary ~ staff attention. In such matters, '

the Chairman of the Commission is the original arbiter. If a Com-missioner is dissatisfied with the decision of the Chairman as to the attention to be given his individual request, he may appeal to the l

' Commission, which as indicated above, will make the final determina-i tion concerning matters appropriate for priority attention.

The Plan contemplates the free flow of information. There is no

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[ intent to withhold necessary information from any Commissioner.

i certain im'ormation, i.e., administrative details, obviousiv is notcont Commissioners. Such information will be available to the Commission as a collegial body acting in their ov'ersight function to review the l work of the agency.

• l Reporting requirements The Plan, changing the hierarchial structure as it does, creates new

> reporting relationships within the NRC. Individual staff may stillmay take up l operate under the "open door policy" whereby theywith individual Comm e

which in their opinion are not receiving adequate attention. However, the open door , policy is not intended to circumvent the flow of in-

• formation withm the agency, and an individual Commissioner is not '

I authorized under the Plan to issue policy direction to the staff.

Reporting lines are as follows:

1. Adjudicatory panels-report to the Commission.

2. Advisory Committee on Reactor Safeguard-report to the ,

Commission.

3. Commission-level offices-report to the Commission. '

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4. Office of Congressional Affairs-report to the Chairman.

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5. Office of Public Affairs-report to the Chairman.

' 6. Executive Director for Operations-report to the Chairman.

7. Line organizations-report to the Executive Director for Operations.

Past procedures required the directors of the Thisoperating offices to new requirement report to the five individual Commissioners.

for operating offices to report to the Executive Director for Opera-tions, who in turn reports to the Chairman-both of whom are charged with carrying out policies set by the Commission-strengthens agency management functions. This new procedure provides top manage-m mstructions.

A strong Executive Director for Operations and a strong Chairman are both required to coordinate the work of the line offices so that program objectives are met and to obtain clear policy direction on a timely basis from the Commission. The ability of the Chairman and l

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i 6 -i the Executive Director for Operations to work closely together, the Executive Director for Operations acting as the agent for the Chair.

man, is an essential element of the Plan.

Perwr.nel procedures In the past, vacancies have gone unfilled for extended periods. The \

Plan attempts to alleviate this situation by authorizing the Chairman to initiate all key appointment actions. Appointment to key positions specified in the Plan must be approved by the Commission. Removal from those same positions may be initiated by either the Chairman of the Commission.or by an individual Commissioner, to be effective only upon ap i

be made by the heads of Commission-level staff offices o Executive Director for O action by the Commission.perations for line offices without further i Question has been raised about the possible effect of the Reorgani.

zation Plan on the rights of employees for review o.f adverse personnel (

actions. The Committee understands the effect of this Reorganization Plan to be such that it will not adversely affect the existing rights and remedies of employees of the Commission.

Emergency procedures I In order to streamline Commission response in emergencies and to assure that a politically accountable official is responsible during an emergency, incidents, whether the Plan at adesignates facilit the Chairman to deal with emergency i i

regulated by the Com declare an emergency, mission.y The Chairman issue orders, and serve as official spokesnian to is thusor concerning ernpowered to  ;

materials licensed delegated by the Chairman to any one or more of the Coinm -

As in the past, such delegations may also be made to staff.

dealing with emergencies is developed in keeping with Commis developed policy guidelines. .

CoNCLUSloN

' Though this Reorganization Plan was' developed as a result of an emergency incident and problems which came to light during that

' incident, it responds to a situation which has needed attention for

< some time. The final Plan submitted by the President is the result of '

thorough consideration of the present organization and the need for j a more coordinated effort. Many discussions have taken place in arriving at the final Plan, which appears to be based on sound man-agement policies.

!4 Being aware of the organizational weaknesses particularly as they were emphasized during the recent Three-Mile, Island incident, the Committee approves the restructuring as submitted by the President, and recommends that House Resolution No. 624, which would dis-approve the Plan, not be agreed to.

INFLATIONARY IMPACT STATEMENT In compliance with clause 2(1 4) of House rule XI, itis the opinion i

Iof this committee that the pro)v(isions of this resolution will have no t

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infl;tionary impact on prices and costs in the operation of the national ec:nomy.

OVERSIGHT FINDINGS No specific oversight findings have been issued by the committee en this reorganization. However, a detailed study of the necessity for

@is pirn was made by the Subcommittee on Legislation and National Security and hearings were held.

Cost ESTIMATE OF THE CONGRESSIONAL BUDGET OFFICE The cost estimate prepared by the Congressional Budget Office is genttined in the followmg letter received from its Director:

U.S. CoNoREss, CONGRESSIONAL BUnGET OrrIcE, i Washington, D.C., May 21,1980.

Ton. JACK Brooks, Chairmen, Committee on Governmental Operations, L U.S. House of Representatives, Washington, D.C.

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i R MR. CHAIRMAN: Pursuant to Section 403 of the Congressional F , Act of 1974, the Congressional Budget Office has reviewed h , . Resolution 624, as ordered reported by the House Committee En Govzmmental Operations, May 7,1980. ,

Th3 Committee did not agree to the resolution which disapproves lhs Presidznt's amended reorganization plan for the Nuclear Regula-nry Commission. The proposed reorganization transfers certain

!xlministrative, budgetary and emergency responsibilities from the M1 Commission to the Chairman or the Executive Director for ,

Tperations. The plan does not create new functions for the agency as B whole. '

Based on this review,it appears there will be no significant cost to de government as a result of the proposed reorganization. A realloca-son of existing staff may occur but it is not expected that overall gency staffing requirem~ents will be increased. No savings to the Evernment are expected if the plan is implemented, because it does not call for a reduction in personnel or in the level of services provided. '

Sincerely, RosERT D. RE!scHAUER (For Alice M. Rivlin, Director).

COMMITTEE ESTIMATE oF COST The committee agrees with the estimate contained in the submission

f tha Congressional Budget Office above and presents that estimate s th2 committee's pursuant to clause 7 of House r>ile XHI.

NEW BUDGET AUTHORITY AND TAX EXPENDITURES No new budget authority or tax expenditures are required by this mislation.

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8 BECTIoN-BY-BECTION ANALYSIS OF REORGANIZATION 1980, A8 A%! ENDED PLA N NO. I op gnissio its IUI Section 1(a). Commission Functions of its 1 Th; policymaker for nuclear regulatoryThis section provides that the Comm arbiter of orders and adjudications. policies and rules, and the final b"Ste Pe" '

norm general pohey, but to exclude the day-to-day secte throt decisions o of the policy.

decisions with Policy formulation meludes major administrative .

gate olicy settinF researe priorities implications and as define(e.g.

( a proval of location chances, I the Poh, orgamzation ing both Plan) as well,as substantive nuclear safety re and post licensing phases. -

l Ato policy governin section Ret (2) R emaking includes consideration and approval sof all rule thu required Procedures Acttn be published under section 551 of the Administrative sho notice-and-comm(ent 5 U.S.C. 553). Those rules which are exempt from tion rovisions under subparagraphs (a)(2 and interpretative rulesof that section (speci cally and b) matters Furelating to mternal man)a agency organization, pro,cedure or practice) need l innot be consideredgene or approved lation, orders orby ad the Commission, udications. unless they affect basic policyC(formu-m (3) Orders and at judica tions include granting, suspendin m or amending licenses or construction permits under 42 LI.g, revoking E S.C. 2232- t 2039, as controlof anamended; granting or denying an application to transfer a civil penal license under 42 U.S.C. 2234, as amended ti

and imposing for violating a license requirement under 42 U.SL. 2282 q e, as amended, mission is required andorany other orders authorized b or adjudications, whicJh the Com- o in the Reorganization Plan is not li~y law to decide. " Adjudications" r i

t mited to contested administrative t .

be contemplated. As p'olicy will undoubtedly be formulated '

3 cations dealing with issuance, suspension, revocation, or amendments to licenses as well as in enforcement proceedings, it is expected i that the Comm,ission cases wherever possible. will itself make such decisioris Iin precedent-setting i

to TheinvolveCommission itself in urel is not expected, under the Reorganization Plan, ,

most instances it wt i be lear whether a particadministrative or managerial functions. In managerial or, substantive. In a " gray area"ularquestion is properly

, the Commission may -I inquiry pertams to its functions of policy formu,lation, rulem or orders and adjudications. ,

mission's functions may be delegated by the Commission to th man or other member of the Commission, or to the staff. -

of the Energy Reorganization Act ofThis provision is designed to restrict the a '

as amended which states that 1974,42 each U.S.C. 5841(a)(1)b member of the Cbmmission have equa,l responsibility and authority in all decisions and actions"sofall the Commission", so as to permit the Commission, by malority vote to delegate some of its functions to one member. It is not expected that ,

the Commission will thereby erode its collegial nature; but the Com-lI

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9 mission should have the flexibility of delegating a certain segment of its functions, such as particular order or adjudication, to one or more of its members, including the Chairman.

This provision is also designed to allow the Commission to dele- l gate a portion of its functions to the staff. The Executive Director for Operations, under the Chairman's direction and supervision, will normally distribute the business of the staff, in accordance with section 2 below. Delegations from the Commission will therefore flow throu-h the Chairman. The Commission will retain the right to dele-i gate directly a portion of its functions to Commission-level staff, i.e.,

the General Counsel, the Secretary of the Commission, the Office of

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Policy Evaluation, and the Office of Inspector and Auditor, an( the ,

Atomic Safety and Licensing Panels and Advisory Committee on '

Reactor Safeguards. Again, the Commission is not expected to use this delegation provision to avoid its collegial responsibilities; but it i should have the flexibility of delegating particular orders, adjudica- 1 tions or less important policy formulations to the stafL i Section (1)(b) (1) and (2). Commission Appointment Powers L The Chairman will initiate the appointments of the ofIicers named ,

in subsection 1(b) (1) and may designate acting officers, until the i Commission considers and ap, proves such appointments. Before making his decisions on the initiating of appointments of the officers named in subsection (1)(b) (2), the Chairman shall consult with the Executive Director for Operations. -

It is intended that the Chairman shall submit appointments under these subsections to the Commission as rapidly as possible in order to ensure that Commission approval is obtamed without delay, and in order to reduce any period of vacancies or interim appointments. No removal of any officer designated in subsections 1(b) (1) and (2) may -

take place without the approval of the Commission. Any member of the Commission, including the Chairman, may initiate an action for / .

removal of such an officer, and the Commission shall consider such action in a timelv fashion.

The enumeration of officers established by the Commission in the Reorganization Plan is not intended to limit the . authority of the Commission to abolish or alter the existence or functions of such ,

officers or offices, or their successors.

Section 1(b) (3). Advisory Committee on Reactor Safeguards Since the members of the Advisory Committee on Reactor Safe-guards serve for limited terms, the Chairman or a member of the Commission shall initiate their appointments or re-appointments. The term, provisions for appointment of the Chairman, and any grounds or procedures for removal of members or Chairman of this Committee are not affected by the provisions of the Reorganization Plan.

Section (1)(b) (4). Commission-Leret Ofces

, The Commission-level officers who are appointed by the Commis-sion shall appoint, remove and supervise the staffs of such ofIices.

f Likewise. the respective Chairmen of the Atomic Safety and Licensing i Board Panel, Atomic Safety and Licensing Appeal Panel and Advisory t

Committee on Reactor Safeguard shall be delegated authority to ap-point, supervise and remove their staft Since all such offices report directly to the Commission under section 4(d) of the Reorganization

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! Plan, the Chairman of the Commission and the Executive Director 0,perations should have no special role in their appointment, super-

vision and removal. This does not imply that such staff should be considered separate from other staff of the Commission for technical administrative purposes, such as payroll, or personnel.

Section 1(c). Personal Staf hiembers of the Commission shall continue to appoint, supervise and remove their personal staff.

Section 1(d). Commissioners' Relationships

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It is intended that the Commission shall act in accordance l I subsection 201(a)(1) of the Nuclear Reorganization .ict of 1974, j only when performing its functions under section 1 of the Reorganiza. -

tion Plan. It is specifically intended that the Commission should not, by virtue of the provisions for " equal responsibility and authority" and " full access to all information", interfere with the executive responsibilities transferred by this Plan to the Chairman. The Chair-i man's additional responsibilities extend only to his role as official '

spokesman, principal executive officer, and emergency manager as  !

<felineated .by the provisions of the Plan. The Chairman otherwise has no additional responsibilities, and is equal to the other members of the Commission in the performance of the policy formulation, rule.

making, orders and adjudicatory functions reserved to the Com-mission by sections 1(a) and (b) of"the Reorganization Plan. i In order to perform its functions, the dommission shall have full l access to all information within the agency, including that in existence and that which requires development by staff. The Chairman may not withhold or delav providing information requested by the Com- q mission. Individuid members of the Commission shall also have full i access to all information in order to assure that diverse views of members are properly informed, subject to the following provisions: i Requests for mformation not in existence and, therefore, requiring staff resources to develop, and requests for staff opinions or recom- '

mendations shall be directed to the staff through the Chairman or his designee to foster orderly management processes, including the setting of work priorities. In the case of disagreement between the Chairman and a member as to the need or value of such a request in relation to staff effort or the time in which it is required, the issue shall be resolved by ~ the Cornmission.

The Chairman requires and is expected to receive certain informa- t tion in his capacity u principal executive officer which is not routinely required by the ot'her members. Preliminary information in support of major admmistrative decisions to be presented by the Chairman to the  !

Commission for approval as provided in section 2(a .

t nization Plan are not expected to be requested by or p)rovided I to in l' vidual Commissioners pnor to such presentation. Following presenta- -

l tion, all such .information shall be made available and additional L information may be requested by the Commission in support of the l

Commission's responsibility principal executive ofIlcer. y to oversee the Chairman's actions as The provisions of subsection 201(a)(1) of the Nuclear Reorganiza-tion Act of 1974 for decision by majority vote of the Commission apply l to the exercise of all its functions. It is expected that the Commission will in fact vote on such issues in public sessions.

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C l  ! -l 11 Section 2. Chairman'sfunctions Section 2(a). Ofcial Spokesman Any residual Commission functions, not specified in the broad areas vested in the Commission by section 1, are transferred to the Chairman. The Chairman shall also be the official spokesman for the Commission, the Directors and with supervisory, staff of the Offices of Public Affairs and Congres-appointment and remova sional Relations or their successor offices. Consultation with the

< Commission in making these appointments is permitted, within the Chairman's discretion.

Section 2(b). Principal Ezecutive Ofcer; Executive Directorfor Operations The Chairman shall be the principal executive officer responsible and accountable to the Commission and to the public for the proper execution of Commission policies, and for developing policy plans and (

guidance. He shall be specifically responsible for assuring that neces-sary policy planning is prope y performed and also for guiding, developing and presenting mdiv dual policy proposals and options to the Commission for its consideration. He shall also determine the use and expenditure of the funds of the Commission in accordance with the proposed distribution of appropriate funds approved by the Com-mission. He remains ultimately responsible to the Commission and the public for the proper day-to-day management and administration of the Commission, but shall delegate the functions specified in section (4)(b) of the Reorganization Plan to the Executive Director for j

Operations. He may not withdraw or place such functions elsewhere.

The Executive Director for Operations shall perform such functions under the Chairman's direction and supervision. In accordaneg with ,

section (4)(b) of the Reorganization Plan, the Executive Director for Operations shall report to the Chairman on all matters. Proposals and estimates developed through this process will be presented to the Commission by the Chairman.

It is expected that the Executive Director for Operations will make '

further delegations of the functions enumerated in section (2)(b)(1-4).

It is specifically anticipated that the functions of appointment, super-vision and removal of staff within major organizational units may be ,

, delegated to the heads of such units.

Employee Rights.-Any references to appointment, supervision and removal of staff within this Reorganization Plan shall not affect or abrogate in any way an

'd exist or be developed. y merit systems or employee rights which may Section 2(c). Chairman and Executire Directorfor Operations' Relation-ship to Commission The Chairmen and Executive Director for Operations are specifically governed by the general policies, regulatory decisions, findings and determinations which the Commtsnon may make. This section does

, not alter the reporting relationships or supervisory authority of the.

Chairman amt the Executive Director for Operations as specified in subsections 2(a) and 4(a) of the Plan, but makes clear that the Com-mission may legitimately seek to remove the Executire Director for Operations, for failure to comply in the Commission policies and regu-latory decisions, findings and determinations. This section does not imply that other staff of the Commission are not bound by Commis-sion policies, regulatory decisions, findings and determinations.

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Similarly, the Chairman and the Executive Director for Operations I through the Chairman, are, charged with keeping the Commission and currently informed about matters withm its functions. In this regard, the system of information flow discussed in Section (t)(d) above shall apply. The Chairman may not otherwise prevent infor-mation from reaching the Commission. However, this provision does not alter the reporting and supervisory relationships established by the Reorganization Plan nor does it imply that other members of the i Commission staff are without obliwa accordance with the proper channefs,tions to furnish as established above.information in

, Section 3(a). Emergency Response Functions All of the emergency response functions of the Commission are transferred to the Chairman. The Chairman shall have the authority I to determine when an emergency exists, alert appropriate officials j issue Commission orders, mterpret Commission pohcies, or determme, j l specific policies if the Commission has not formulated policies appli-  ;

cable to the emergency situation, direct and coordinate Commission I and other actions in response to the emergency. The Commission '

shall not have the authority to direct the Chairman in the performance of these functions; but the Chairman's exercise of these functions must conform to subsection (c) of this section. The Chairman is expected to assume such emergency authority only for the limited duration of a specifle emergency at a particular facility or involving specific licenses does not con.

or form regulated materie's.

to, affect, or The relate in any waydefinition to the defimtof " emergency" ion o incident" or " nuclear occurrence" 'in Commission agreements of indemnification, or elsewhere.

(b). The Chairman in his discretion may dele functions to another member of the Commission, gate the for example, emergency if he is unable to perform such functions or otherwise determines that such delegation would be appropriate under the circumstances. It is in-tended that such delegation shall be complete, so that the designated member of the Commission has full authority to deal with the emer-

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gency. A partial delegation would le jatified only for an emergency that affected a widespread geographic region, involved several dis-parate problems or occurrences, or otherwise consisted of clearly divisible features.

The Chairman, or other member delegated the emergency func-tions, may delegate the performance of such functions to tlie staff.

It is expe~cted that such delegations will not be complete, and that the Chainnan or other member of the Commission shall be fully re-sponsible for the adequacy of the Commission response to the emer-gency. It is also expected"that actions taken under such delegations shall conform as nearly as possible to any Commission plans for emergency response.

(c). The Chairman, or member of the Commission exercising the emergency function, shall follow the previously established general policy directions guidelines and decisions, to the extent possible under the emerge,ncy conditions, but shall have maximum discretion to adapt or refashi~o n such policies to the s Commission shall not, during an emergency, pecific emergency. T l

formulate additional policies relevant to the emergency situation. It-is not intended that the Chairman, or member exercising the emer-I l

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13 gency functions, shall be subject to er post facto or ongoing review by the Commission of the conformance of the emergency response to d: tailed policy directions of the Commission. General good faith policy comphance,is, however, expected. The Chairman, or other member of the Commission, shall keep the Commission informed of conditions and actions, to the maximum extent possible under the circumstances.

It is expected that the Chairman, or other member exercising the emergency functions, will assign a staff member to serve as liaison with ency, but no consultation with the th3 Commission during the emer"fuch consultations may occur, if the Commission shall be necessary. S Ch irman, or member exeretsmg emergency functions, so requests.

.(d). The Chairman, or other member of the Commission exercis-shall report in full to the Commission on ing emergency functions,its conclusion. The purpose of the report the emergency following will be to assist the Commission to formulate or reformulate pohcies and rules relative to emergencies in general or to particular or general 4 problems that were presented by the specific emergency.

cection (4)(a). Reporting Relationships The Chairman may make delegations and provide for reporting

. relationships, consistent with the provisions of the Reorganization Plan, including section 2(b) and the remairder of section 4; and consistent with provisions of law unaltered by the Reorganization '

to wit: the statutory assignment of responsibilities to the Office Pl of N n'uclear Reactor Regulations, 42 U.S.C.OfIice of Nuclear 5843,d Office of Nuclear MtterialSafety and Safeguards,43 U.S.C. 5844, an Regulatory Research,42, U.S.C 5S49. Policies.-The reporting and ,

Safety Valre" and "Open ' Door" supervismg functions and delegations of this Reorgamzation Plan ,

shall not limit the authcrity of any officer or employee of the Commis- - -

sion to communicate directly with a member of the Commission

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whenever a critical problem of public health or safety or common defense and security is, in their judgement not being properly ad-dressed. This authonty shall not serve to replace or impair the normal reporting relationships otherwise established by this Plan. ,

Upon receipt of such a communication, the member of the Commis-sion shallinform the otber members of the Commission of the critical '

Problem. This provision is not intended to affect any broader "opendoor" p or contmue.

(b-d). The reporting relationships shall be altered or continued as provided in these paragraphs.

Section 5. Efective Date The effective date of the Reorganization Plan is October 1,1980, or earlier if the President so directs.

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15 APPENDIXES APPENDIX 1.-ORIGINAL PLAN AND MESSAGE 96th Congress,2d Session - - . . . House Document No.96-288 REORGANIZATION PLAN NO.1 OF 1980

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MESSAGE FROM THE PRESIDENT OF THE UhTfED STATFB TRAN8MnTING ,

REORGANIZATION PLAN NO.1 OF 1960, TO BTRICNOTHEN '

MANAGEMENT OF THE NUCLEAR REGULATORY COMMISSION, - .

PURSUANT TO 5 U.S.C. 900 t

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MAncu 27,1990.-Message and accompanying papers referred to the Committee on Government Operations and ordered to be printed U.S. OOTERlfMENT PRINTDIO OFFICE WA'CINGTON f 1980

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To the Corgene of the United States:

I am submitting herewith to the Congress Reorganization Plan No 1 of 1980 under authority vested in me by the Reorganization Act of 1977 ( hapter 9 of Title 5 of the United States Code . The Plan is '

l designed to strengthen management of the . Nuclear Reg)ulato mission in order to foster safety in all of the agency's activities.

i Comminaion has been amply demonstrated o accident at Three Mile Island one year ago revealed serious short-comings in the agency's ability to respond effectively,during a crisis.

The lessons learned from that accident So beyond crisis manage (

however. They pmvide the impetus for improving the effectiveness of all aspects of the government regulation of nuclear energy.

In my statement of December 7,1979, I responded to the recom-mendations of my Commission on the Accident at Three Mile Island I and set forth steps now being taken to address those recommenda.

tions. I stated that I would send to Congress a Reorganization Plan nuclear safety. I am submittmg that Plan today.to str  !

The Plan clarifies the duties of the Chairman as principal executive officer. In addition to directing the day-to-day operations of the agency, the Chairman would take charge of the Commiaion's response to nuclear emergencies and, as principal executive officer would be guided by Commi=aion policy and subject to Commission, oversight MANAoEMENT PEoBLEWe Intensivehave accident invest

• ations management revesied ndertaken since the ThreeatMile problems theIsla N tory Commiaion. These problems must be rectified if the Commieson )

is to be a stmng and effective safety regulator.

-My Commission, called the Kenieny Commmion after its problem a,t Three Mile Islan'd stemmed not fro equipment but rather from comt>ounded human failures.

This included the inability of the Nuclear Regulatory Com-mission to pursue its safety mission effectivel existing management policies and practices.y TheinKemeny view of its Commission reported n lack of " closure"in the system to ensure that safetyissues are raised analyzed and resolved. Kemeny l

Commission members also co,ncluded that the Nuclear Regula-insufficient attention to ensu, ring the safety of p they are in operation. i (1) l J

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-During the course of its investigation, b Kemeny Com-mission found serious mana6erial problems at the top of the Nuclear Regulatory Commission. It noted that b Com-missioners and the Chairman are unclear as to their respective roles. Uncertain, difuse leadership of this kind leads to highly compartmentalized offices that operate with little or no eNec.

tive guidance and little coordinatma.

-A recently completed ind ndent study authorized and funded by the Nuclear - Re story Commi= ion itself also

found sormus fault with Comnu,ssion's management and called for a major organizational overhaul. The report states instead, five

that equally there

,nsponsible is no authoritative Commianianers manager who deal indbut,ividually with ofilce directors who, in turn, head their own " independent

. fiefdoms."

-Likewise, a recent report of the General Accounting Office notes b failure of the Nuclear Regulatory Commi= ion to 4 define either the authority of the Chairman or that of the

' Rzecutive Director for Operations. The staf lacks policy

' guidance and top management leadership to set priorities and resolve safety issues. There are unreasonable delays in develop-policies to guide the licensing and enforcement activities The centra!Eme in all thme of these studies is the failure of the Nuckar Regulatory Commi=ian to provide unified leadership and -

. consistent direction of the agency's activities. The present statutes 1 contain conflicting,and ambiguous provisions for managmg the agency.

Important correctne actions cannot or will not be taken by the Com. I mission until the laws are changed. Failure to do so constitutes a

• l continuing nuclear safety hasard. *

.. 'I%e present Reo 1sation Plan would improve the effectiveness . .

of the Nuclear R atory Commission by giving the Chairman the powers he needs to ensure eflicient and coherent manapment in a . ,

manner that preserves, in fact enhances, the commission form of 1 organization.

cowwzastow . i Under the proposed Plan, the Comminaion would continue to be  !

responsible fun:tions which forshould policyhave formulation,ial colleg deliberation. In addition, therulemaking and adjudication as .

C:mmiaion would review and approve proposals by the Chairman concernmg key management actions such as personnel decisions j

afecting top positions which directly support Commiazion functions, j the annual budget, and major staf reorgamzations. In carrym' g out '  !

its role, the Commi= ion would have the direct assistance of several 0;mmi=ian-level offices as well as b licensm' g board, the appeal-

panel, and the Advisory Committee on Reactor Safeguards. The Plan 1 would not alter the present arrangement whereby b Comminaion,

, acting on ' rity vote, represents the ultimata authority of the Nrelear tory Co===ian and sets the framework within which the is to operate. i I

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. 18 enarmuAN Under the Plan officer and s.pokesm, the Chairman would act as the principal executiv an for the Commi= ion. To accomph'sh this those Commiainn would be vested in the Chai: functions of the coequal with the Commissioners in all decisions, and actions. The1 n Chairman would be authorized to make appointments, on his own

. authority, to all positions not specified for Commission approval and would be responsible to the Commiaion for assuring staff support by ,

the operating offices in meeting the needs of the Commi= ton. The i Executive Dtrector for Operations would report directly to and receive his authority from the Chairman. IIeads of operating offices would also report to the Chairman or, by delegation, to the Executive Director for Operations. Office heads would also be authorized to communicate directly with members of the Commiaion whenever an office head believed critical safety issues were not being addressed.

EMERGE.NCY MANAGEMENT and responsibly to any nucivar emergency must b advance. Experienes has shown that the Commicion as a whole cannot deal expeditiously with emergencies or communicate in a clear, unified voice to civil authorities or to the public. But present law prevents the Commission from delegating its emergency authority to ically authorizing the Chairman to act for the Comm emergency. In order to ensure flexibility, the Chairman would be l

to any other Commissioner. Plans for dealmg with vari 4 gencies would be approved by .the Commission in advance. The Commicion would abo receive a report from the Chairman or his designee describing the management of the emergency once it was over. l Acr!oNs NOT INCLITDED IN THIS r!.AN

• i but that need not or cannot be accornplishedl by m tion Plan. First the Commission, as part of its nnplementation of this reorganization, can and should establish an internal entity to help j oversee the performance of the agency as it operates under the Chair-man's directica.

Second This action does not require a Reorganization Plan.

I have consistently 3

j in regulatoryproceedings.y favored fundmg This is particular!y' assistance important in the case to interren of nuclear samety regulation. I therefore' encourage the Commiuion j to include consideration of interrenor fundm' g as part of its review and upgrading of the licensing process, as called for by the Kemeny Com-mission. I have also requested Congress to,ap priate funds for this se. This $ctivity cannot be authorize y a Reorganization 3 ,

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(i 19 No ADDED Co8TS This proposed reshgnment and clarification of responsibilities would not result in an increase or decrease of expenditures. But placing mana6ement responsibilities in the Chairman would result in greater

.' attention to developing and implementing nuclear safety policies andto, stri mission.

Each of the provisions of this propesod reorganization would also accomplish one or more of the purw ret forth in 5 U.S.C. 901(a).

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No statutory functions would be ablished by the Plan; rather they would be consolidated or reassigned in order to improve management, delivery of services, execution of the law, and overall operational efficiency and effectiveness of the Commiaaien.

By Executive Order No.12202, dated March 18,1980, I established

. a Nuclear Safety Oversight Committee to a,1,ise me of progrees being ~4  !

made by the Nuclear Regulatory Commission, the nuclear industry, and others in improving nuclear safety. I am confident that the present Reorganization Plan, together with the other steps that will have been greatly or are being taken by this Ministration and by pthers,Comminaion 1 advance the goal of nuclear safety. It would permit the and the American people to hold one individual-the Chairman- -

accountable for . implementation of the Commiasion's policies through effective mana6ement of the Commi= ion staff. Freed of

.i management and admimstrative details, the Commiaaion could then concentrate on the purpose for which that collegial body was created-to deliberate on the formulation of policy and rules to govern nuclear safety and to decide or oversee disposition of individual cases. ,

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Jtuur CARTER.  ;

i Tas WmTz Hoess, Marek f7,1980.

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,l 20 RuomeAxt Arrox Pt.Ax No.1 or 1980 Prepared by the Pasident and submitted to the Senate and the unuant to tofresentatives House in Congress assembled March 27 Rege provisions of chapter 1980 9a esof title 5 o NUC1.EAm RaoUEarcar Couwtassox Section 1. (a) Those functions of the Nuclear Regulatory Com.'

mission, (1) hereinafter referred to as the "Comminion", concerned with: ,

(2) glicy formulation;.

States Codeemaking, as defined in section 553 of title 5 of the United q (3) adjud cations, as defined in section 551 (6) and (7) of title 5 of the United States Code .j i shall remain vested in the Comm;ission. The performance  ? of a tion of those functions may be delegated by the Commission to a mornber of the Comminion, including the Chairman of Qie Nuclear i Regulatory and to the stasCommi= ion, through the hereinafter referred to as the " Chairman",

Chairman. <

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du(y)e(stablished by statute or by the Commission 1 9

initiate the. appointment, subject to the approval;of the Comminion; -

l and the Chaarman or a member of the Com nimion may initiate an ! ~!

action for removal, subject to the approval of the Commimion:

( Director of Nuclear Reactor Regulation

( Director of Nuclear Material Safety anli Safeguards, General Counsal, (iv Seentary of the Comm>= ion,

( Director of the OEce of Policy Evaluation

( ) Director of the OEce of'Inspee. tor and Au'itor, d (vii) Chainnen, Vice-Chairman and Members of the Atomic l

Safety)andvui Chainnan Licens' , Board.fanel

- - Sa(fety and Licensmg Appeal Panel.see.Chainnan, and, M  !

ben (2) The Chainnan shall also initiate the appointment of the Mem- -I l-of the Advisory Committee on Reactor Safe take efect upon the approval of the Commission.The guards which for provisions shall appointment of the Cliairman of the Advisory Committee on Reactor' Safeguards and the term of the members shall not be afected by the L"

provisions of this Reorganization Plan.

of(the Enerc) The Commission shall act as provided by subsection 201(a)(1 Comm(a}(1)) gy Reorganization Act of 1974, as amend 5841 i ission described in subsections a i- only when s,uch functions have not be(en) and (b)pursuant delegated of this section, to sub- and  !

section (a) of this section. .

(5) s.D. see I-

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i 21 o (d) Each member of the Commmion shall continue to appoint, remove and supervise the penonnel employed in his or her immediate office.

Section f. (a) All other functions of the Commmion, not specified by section 1 of this Reorganization Plan, are hereby transferred to the Chairman. The Chairman, in the performance of such functions, shall be the principal executive officer and shall:d admmistrr.tive functions of(1) exercise all of the executive anthe Commission, including the appointive powers of the Chairman as provided by this Plan and the supervision of personnel employed under the Commission; (2 distribute business among such personnel and among adm)mistrative units and offices of the Commission; (3) determine the use and expenditure of funds of the Com- ,

mission; and (4) prepare and submit to the Commission for its consideration and approval-(D proposals for the reorganization of the major offices 3, within the Commission; (ii) the budget estimate for the Commission; and f,

.l i t d funds (iii) accord, mg tothe proposed distribution of appropr a e

.1 rograms and purposes.

-i major executive officer shall be governed by The Chairman as princi mmission and by such regulatory deci-the general policies of the sions, findings, and determinations, including those for reorgamzation

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i . the Commiaaion may by law, including this Plan, be authorized toproposals, budge

• 5 make.

!l (b) The Chairman shall be responsible for assuring that the staff under the Chairman's direction is responsive to the requirements of the Commission in the performance of the functions continued in the i

Comminsion by section 1 of this Reorganization Plan. .

[ .(c) There is hereby transferred to the Chairman the function of appointing and ramoving, without any further action by the Com- '

mission, all officers and employees under the Commission other than those whose appointment ard removal are specifically provided for by subsections 1 (b) and (d) of this Reorganization Plan. In exercising such function, the Chairman shall consult with other membem of the Commission as the Chairman deems appropriate.

! (d) The Chairman shall delegate the function of appointing, remov- '

i and supervising the staff of the following offices or successor offices ing,he rerpective head of such ofDees: General to t Counsel Secretary ofthe Comm Auditor. The Chairman shall delegate the function of appotnting, re-moving and supervising the staff of the following panels and committee to the respective Chatrman thereof: Atonne Safety and Licensing Board Panel, Atomic Safety and Licensing Appeal Panel and Advisory Committee on Reactor Safeguards.Section 3. (a) Notwithstandmg section 1 of this Reorganizatio there are hereby transferred to the Chairman all the functions Plan,d voete in the Commission pertaining to an emergency at a particular facility or concernmg materials licensed or regulated by the Commis-sion, m 6l u.n. sas

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q' 22 determmmr specific policies advising the civil authorities an 1 public, directmg and coordin,ating actions relative to such meident. '

(b) The Chairman - .-

emergency functions s m,may delegate the authority to  :

bers of the Commis, ion. Such authority may also be delegate '6 redelegated,in whole or in part, to the staff of the Commission. D the Commission delegated author,ity under subsecti '

shall con.

form to the policy guidelines of the Commission. To th)e, max extent possible under the emergency conditions, the Chairman or o member of the Commission delegated authority under subsection b i sh:dl inform the Commission of actions taken relative 't to the (d Following the conclusion of the emergency the Chairman or the m) ember of the Commission delegated the , >"

under subsection (b), shall render a complete ands timely # report to the Commission Section 4 on the actions taken during the emergency. k vide for such(a) The Chairman may make such delegations and pro-reporting as the Chairman deems necessary. The head '

of any component organization within the Commission may com-municate directly to the Commission, or to any memberip of the Com-mission, whenever.in the view of such officer a critical qproblem of i public pr health and rly addressed. safety or common defense an,d security

. p' is not airman aball direct. and shall be responsible for such i functi Lj Nu(c) clearThe functions Material Safet andofSafeguards, the Directors of Nuclear Reactor Regulation, Regarch of reporting [irectly to the Com,and Nuclear Regulatory mission is hereby trans-sh' ferred so that such omeen report to the Chairman, or as directed 3 by the Chairman. The function of receiving 'such re j ferred from the Commission to the Chairman. ports is hereby trans d d) The headsCounsel, of(General of the Commission Secretary levelto offices or'{u the Commissio successor o Evaluation, Office of Inspector and Auditor the Atomic Safety and 'j Licensing Board Panel and Appeal Panel, a,nd Advisory Committee  ;} '

on Reactor Safeguards shall continue to report directly to the Coni-mission and the Commission shall cantinue to receive such 1 reprts.

1 effect October u 1 1980, or at such earlier i time a

or time shall specify, b,t no sooner than the earliest time allowable under (

section 905 of title 5 of the United States Code.

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APPENDIX 2.-AMENDED PLAN AND MESSAGE 96th Congress,2d Seedon . . . . . House Document No.96-307 s

AMENDMENTS TO REORGANIZATION PLAN NO.1 OF 1980 i MESSAGE 4 4 rRom  !

THE PRFRIDENT OF THE ENITED STATFE TR&N8MITTING AMENDMENTS TV REORGANif.ATION PLAN NO 1 OF 1980. TO STRENGTHEN MANAGEMENT OF THE NUCLEAR REGULATORY COMMISSION, PURSUANT TO 5 U.S.C. 908 ,

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l MAY 5,1980.-Message and accompanying papers referred to the Committee on Government Operations and ordered to be printed U.S. GOVERNMENT PRINTING OFFICE WA8HINGTON 1980 l

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To the Congren of the UnitedStates:  !

Plan No. I of 1980, which I sent to the Congre The amendments to Reorganization Plan No .

my original intent of strengthening the manag. I are mnsistent with agenc ement of the Nuclear fonn.y's activities, while preserving'. the advan The amendments reinform the pu i

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,mpects. First, the amended Plan gives the - of the Plan in two ! I

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in selection of key program officers of the agency by adding fo '

tions to the list of appointments initiated by the e Chairman i for th i for Operations, the Director of Inspection .

1

.i at Development. Each of these positions regulation, and each performs a

. contrib  !

and performance of the agency. functions that help determine the policy 1 mission as a whole. Since its members serve m another amendment pmvides that a Commission member, as well as Chairman, can initiate an appointment to the Advisor ReactorSafeguards for appmval by the Commiwion. y Committee on sion will not be astricted, the Plan has been ame i that the Chainnan, and the Executive Director ofg Operations throu h  !

the Chairman, informed. shall keep the Commission fully and currsntly more effective management of the agency by m responsibilities of the Chairman anii the Executive Director for Op. -

erstions acting under his direction. As afnended, the Plan charges the Chairman with planning for the development of policy for con sideration and approval by the Commission. In the past, this respoa bility has not been clearly fixed and has consequently been neglecte The tor foramended Plan continua Operations reports to make to the Chairman. clear that An amendment howthe trecut ever, requires the Chairman to delegn.te to the Executive Director for Operations the authority to appoint the staff and the day-to-day ad) ministration of the agency. Under this arrangement, the Chairman re.

tains mponsibility tohandle for the his otherleadership taandelegated functions but will be better able In summar tion Plan No.y, the amendments I am transmitting to Reorganiza.

Congress and on continued consultations, will help establ tory Commission asit pursueaccountable central management structute in the use of nuclear power. s its statutory objective of ensuring safety Tira Warrz Horse, May5,1380. Jrnrr Carrra.

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.OLENDMENTS TO REORGANIZATION PLAN NO.1 OF 1980 Pnpend by the President and submitted to the Senate and the IIouse of Representatives in Congress assembled May 5,1980, pur.

sumat to the provisions of Chapter 9 of Title 5 of the United States Code.

Reorganization Plan No.1 of 1980, which was transmitted to the Senate and the llouse of Representatives in Congress assembled on March 27,1980,is hereby amended to read as follows :

NUC12Aa Erarumr Coxxtsstow Section I. (a) Those functions of the Nuclear Regulatory Commis.

sion, hereinafter referred to as the " Commission", concerned with:

( policy formulation: E Ur.

( rulemakink,,as States Co e except that de6ned in section those matters ret forth in 553 553(a)of Title 5 of the (2) and (b) which do not pertain to policy fonnulation orders or adjudications shall be nserved to the Chainnan of the Commis- 4 sion; .

. I (3) orders and adindications, as defined in section 551 (6) and shall(7)remain of Titlevested 5 of theinl'nited States Code ThI Commission may -

the Conunission. deter.

mine by majority vote,in an area of doubt, whether any matter, action, question or area of inquiry pertains to one of these functions. The per.

formance of any portion of these functions may be delegated by the Commission to a member of the Commission, including the Chairman ,

of the Nuclear Regulatory Commission. hereinafter nfernd to as the

" Chairman", and to the staff through the Chairman.

(b)(1) With respect to the following omeen or successor oEcers .

duly established by statute or by the Commission, the Chairman sham

~ initir.te the appointment, subject to the approval of the Commission:

and the Chainnan or a member of the Commission may initiate an action for removal, subject to the approval of the Commission :

Executive Director for Operations,

)) General Counsel,i Secretary of the Commission.

Directorof the OEccof Policy Evaluation.

( v) Director of the OEcer of Inspector and Auditor, *

(v))

(viofChairman.Vice Chainnan. Executive Seentary, and Mem-bers the Atomic Safety and Licensing Board Panel,

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(vii) Chairman. Vice Chairman and Members of the Atomic Safety and Lkensing Appeal Panel. l (2) With nspect to the following oScers or successor oSeers duly established by statute or by the Commission, the Chairman, after con.

sidtation with the Executive Director for Operations, shall initiate j

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t-the appointment, subject to the approval of the Commission, and the Chairman, or a member of 6 Commi= ion may initiate an action for nmer lL ubject to the approval of the Commission :

Director of Nuclear Reactor Regulation, l o

Dinctor of Nuclear Material Safety and Safeguards,

, ) Dinctor of NuclearRegulatory Research, i

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)Directorof StandardsDevelopmentDinctor of Inspection a

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i- Chairman or a member of the Commission shall initiate the appomtment of the Members of the Advisory Committee on Reactor i a

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!~ . Safeguards, subject to the approval of the Commission. The provisions l i'

p for appointment of the Chairman of the Advisory Committen on Reactor Safeguards and the term of the members shallnot be afected by(the provisions of this Reoiganimation Plan.

' 4) The Commission shall delegate the function of appointing n.

i oEces to the respective heads of such onces: General Cou i tary of the Commission, OEco of Policy Evaluation, OEce,of In-pector and Auditor. The Commision shall delegate the functions of appointing, removing and supervising the stasof the follow' panels '

and committee to the-res i and Licensing Board Panel,pect2ve Chairmen thenof: Atomic SaAtom and Advisory Committee on Reactor Safesuasds. -

,4 (c) Each member of the Commission sTiall continue to appoint, n .  ;

move and supervise the personnel employed in his or her unmediate j

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' ' ' of(th)e Energd The Commission shall act as provided by subsection 201

- 5841(a)(1)) y Reorganization Act of 1974,,as amended (42 m the j U.S(.C.

. sections (a) and (b) of performance this section. of its functions as described in sub.

j by Section 1 of this Reorganization Plan, are hereby tran p'ci,..;

I Chsirman. The Chairman shall be the oEcial spokesman for thn Com-

,i - 'J t mission, and shall appoint, supervise, and nmore, without 'lurther action by the Commissmn,the Directon and staf of the OEceof Public l l ' j' ' Afmirs and the Office of Congressional Relations.The Chairman may i 't consult with the function.

Commission as he deems appropriate in exercismg i i

!' t this appointment  !

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the(b) The Chairman shall also be the principal executive oEcer of b( '

E Commission, and shall be responsible to the Commission for devel-

! oping policy planning and guidance for consideration by the Commis-t .

1 sion; shall be responsible to the Commission for assurm' g that the ,

U , '. Executive Director for Operations and the staf of the Commission ,

.F : 1i (other than the officers and staf referred to in sections (1)(b)(4),

(1)(c) and (9)(a) of this Reorganization Plan) . esponstre to the i

l requirements of the Commission m the perforr m ,f its functions; j l o %. , iL shall determine the use and expenditure of fur.

' the Commission, i1M' in accordance with the distribution of apprcpr: .,d funds according 4 1- to major programs and purposes approved oy the Commission; shall pasent to the Commission for its consideration the roposals and esti- .

Tj= T{ > p mates set forth in subsection (3) of this pa sponsible for the following functions, which

and shall be n-Gi I delegate, mbject

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1 to his direction and suiarvision to the Executive Director for Opera-l tions unless otherwise provided by this Reorganization Plan: '

(1) administrative functions of the Commission; (2 distribution of business among such personnel and among aduu)nistrative units and offices of the Commission; (3) p paration of

( proposals for the reorgamzation of the major offices wi the Commission; (ii))the (iii budget estimate for the Commmion; andthe proposed distrib cording to major programs and purposes.

(4) appomting and reraovmg without any further action by the Commission, all of!icers and employees under the Commimion Mier than those whose appointment and removal are specifically  ;

provided for by subsections 1(b), (c) and 2(a) of this Reorganiza- 4 2 tion Plan.

(c) The Chairman as principal executive officer and the Executive Director for Operations shall be governed by the pneral policies of the Commission and by such regulatory decisions, findings, and deter-minations, including those fot storganization proposals, budget revi-sions and distribution of appropriated funds, as the Commision may by law, including this Plan, be authorized to make. The Chainnan and the Executive Director for Operations, through the Chainnan, shall be responsible for insuring that the Commission is fully and currently infonned about matters within its functions.

Section J. (a) Notwithstanding sections 1 and 2 of this Reorganiza-tion Plan, there are hereby transferred to the Chairman all the fune-tions vested in the Commission pertaining to an emergency cone'erning a particular facility or materiafs licensed or ngulated by the sion, including the functions of declaring, responding, Issuin,Commis-g onlers, ,

detennining specific policies, advising the civil authorities and the public, directmg, and cooniinating actions relative to such emergency incident.

(b) The Chainnan may delegate the authority to perform such emergency functions, in whole or in part, to any of the other members ,

of the Commission. Such authority may also be delegated or redele-gated,in whole or in part, to the staff of the Commimion.

(c) In acting under this section, the Chairman, or other member of the Commission delegated authority under subsection (b), shall con-form to the policy guidelines of the Commission. To the maximum ex-tent possible under the emergency conditions, the Chairman or other member of the Commission delegated authority under subsection (b),

shall inform the Commission of actions taken relative to the the conclusion of the emergency, the Chairman, or (hkiow' the member o the Commission delegated the emergency functions under subsection (b), shall render a complete and timely report to the Commission on the actions taken during the emergency.

l i d pro-Section 4

' vide for such(a) The Chairman may make such de egat ons anreporting as the C of!Icer or em-provisions of law and this Reorganization Plan. Any!v to the Com-ployee under the Commission may communicate direct ~

mission, or to any member of the Commission, whenever in the view of ag ;

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i such officer or employee a critical problem of public health and safety or common defense and security is not being properly addressed.

(b) The Executive Director 'for Operations shall ters to the Chairman.

• report for all mat ,

(c) The function of the Directors of Nuclear Reador Regulation Nuclear Material Safety and Safeguards, and Nucicar Regulatory Re, search of reporting directly to the Commission is heitby transferred .

so that euch oaicers report to the Executive Director for Operations.

The function of receivmg such reports is hereby transferred fmm the Commission to the Executive Director for Operations.

Ge(ne)al r Counsel, Secretary to the Commissions Office of Poliev Eval.d The heads of the Co ustion, Office of Inpector and Auditor, the Atomic Safety and'Limus-l ing Board Panel and Appeal Panel, and Adrisory Committee on Re.

actor Safeguards shall continue to report directly to the Commission 4 and the Commission shall continue to recein sueli reports. I 1

Section 3. The pmvisions of this Reorganization Plan shall take ef-feet October 1,1980, or at such earlier time or times as the President i shall specify, but no soor.er than the earliest time allowable under Sec-tion 906 of Title 5 of the United States Code. '

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l Calendar No.846 pers Coxoarss SENATE 4 RrronT 2d Senion 3 No.96-790

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DISAPPROVING REORGANIZATION PLAN NO.1 OF 1980 i MAY 22 (legislative day, JANUAa7 3),19SO.---Ordered to be printed l

Mr. Gr.txx, from the Committee on Governmental Affairs.

submitted the following .

C REPORT

[To accompany S. Res. 397)

The Committee on Governmental Affairs. to which was referred the resolution (S. Res. 397) to disapprove Reorganization Plan No.1 of .

1980, having considered the same, report unfavorably thereon without amendment and recommend that the resolution do not pass. l CONTENTS Page ,

I. Summary of the reorganization..............._................... 1 II. Reasons for the reorganization.................... .... . . ...... 4 ,

7 .*

- III. Areas of particular interest . ......._ ___.-_ ......... ,

IV. Section-by section analysis of the plan as amended ,........ 14 V. Rolicall vote of the Committee....-- --

VI. Cost estimate . ... ... .. . . _ - - _ ........ ...-. . ...... . ... ... .... . 23 APPENDIXES I. Message from the President of the United States transmitting Plan No. I of 1980............... _ - .............-- .

.... 25 II. Reorganization Plan No.1 of 1980....... ........................ 29 III. Message from the President of the United States transmitting Amend.

ments to Plan No. I of 1980..._ = . - _ _=............ ......... 33 IV. Amendments to Reorganization Plan No.1 of 1980....._ - -.. 35 T. SOf3tARY or TIIE REORGANIZATION The purpose of Reorganization Plan No.1 of 1980 is to improve the management of the Nuclear Regulatory Commission (NRC) so that it may more effectively carry out its statutory objective of providing for the common defense and security, and protecting the health and safety of the public,in the commercial use of nuclear power. The Plan i focuses the authority and responsibility for dealing with emergencies in the NRC Chairman. and clarifies the principal functions of the 59-006 5

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'qq g Commission. It also expands the role of the Executive Director la the event of de pow gs g and functional realignments may be efectively d E implemente

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NRC Chairman and the Commission. 7% T c mP eme l The accident at Three 3 file Island brought with it a sharp inc NT' ""

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to theto accident, agencies deal efectively withand it, t to the widely overnm brceived 0"-

• Chainnan nsp failure President established an in leW ndent Dr. JohnCommission Kemenv on the Accident at Three 3 file Island, chaired '

t ular attention to the, to investigate the situation in depth with chargo hun wi activities of the NRC and the managing uttht C#**l$$ - '

at Three 3 file Island. Kemeny was directed to report ewith nsidermcom-~

tion b rnendations on how to prevent such events in the future. and how 8" to '"@

deal with problems in nuclear power operations and regulation ident' '"

fled in the investigation. Shortly therafter the NEC launched its ow fSr execut N " **" ion e independent inquiry headed by' 3fr. 3fitchell Rogovin. During the same period the General Accounting Office date epntained in the Enerer Reorganization, acting pursuant to a man. f"te to the

" M'" "" Ex n Act of 1974. was complet. cP.lamd mm ing a five-year review of NRC operations. All three studies concluded busmess amom that the NRC suHers from serious management deficiencies, ofil es par-f the (

ticularly at its top level, and that organizational changes are required 6 n of ma)or i if the agency is to effectively carry out its mission. of appropn, ate The Reorganization Plan'sent t'o the Congress by President Carter 8""T*# "'

puts the authority and responsibility for dealing with emergencies "Il N $#

squaniv into the hands of the Chairman. With res t and removal at gene .ct to an emer-doncerning a particular facility or materials censed or regu, The Plan. a late [the Chairman is empowered to perform allselection functions of th. former vested in the Commission as a whole, including'those of declaring the si ns. the Chan tions, subject t.

' emergene,y,ing icies, advis civil authorities and the public and dirresponding ectm and co. fire t,hu map to it. issu ordinating actions relating to the incident. The Plan gives tke Chair- sultation with man power to delegete fliese authorities in whole or in part to any Commission: t other member of the Commission. The authority may also be redele. Regulatory Re gated to the NRC staff. Although the Chaisma'n (afid his delegees) , lation an .u will in the future shoulder the principal responsibility for effectively si n wou managing an emergency incident, he also remains resp'onsible for con. nominations f<

forming to the polier g'uidelines of the Commission, for informing the Commission. I Commission of those actions that relate to the emergenev, and for re. the Office of I g to the Commission on such actions once the emergency is con-

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All three independent studies of the NRC cited the need to clarifv l Atomic Safety management responsibility at the top of the organization. The GAO's member of the five-year review faulted "the Commission for its failure to provide ship for the A leadership and direction to the NRC staff, the nuclear industry and The Plan n ublic. , crease the poti theTi h>e Plan addresses this problem by specifically defi n ng the i agency.It ro' cipal functions of the Commission a~s (1) policv formulation;prin.

7 (2) man, and t at '

rulemaking, as defined in section 553 of title 5 of the U.S. Code (with 31atenal Safet certain exceptions)t and (3) adjudication and issuance of orders. , spection and ]

Bv majority vote the Commission may determine whether any mat. EDO. The pui te'r, action,'auestion or area of inquiry bertains to tions. The White House Fact Sheet su mitted with the Plan states oneofof NRC s busirfunc.

these The Plan re that "the Commission remains the ultimate authority of the agency. the agairs of A ____ _

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la the event of disagreement as tc what constitutes policy or whether

}rfor he policy is being faithfully executed, the Commission, by a majority ponal y the gre, prevails."

To complement the Commission's role as the agency's policy-making body, the Plan provides the Chairman with increased authority to .

nere,tae ,ct as principal executive officer, and enhances the role of the Execu-

~

onding tire Director for Operations as principal staff officer. It gives the

'gdente- Chairman responsibility for carrying out present functions of the gd yEC that are not reserved to the Commission. It. also specifically  :

th r. charges him with handling a range of management functions for th'e .

uth2t Commission, including developing policy planning and guidance for  !

7 wasideration by the Commissmn: assuring that NRC stati are respon-h sive to the requirements of the Commission; and acting as the official ident3' Spokesman, for the Commission. The Chairman is also responsible .!

t for execution of a number of functions which he is required to dele-  :

n# y' te to the Executive Director for Operations (EDO), who is to per-  !

krm them subject to the Chairman's direction and supervision, as j g mf explained more fully below. These functions include distribution of mh eI

.~l d:d basiness amonsr NRC penonnel and among administrative units and offices of the Commission: preparation of proposals for reorganiza-infref ti n f major offices. budget estimates, and the proposed distribution of appropriated funds according to major programs and purposes; i

'arter carrymg out administrative functions; and appointing and removing I (

T encies all NRC officen and employees other t em,. ' and removal are otherwise providedthe forPlan.

m,han those whose appointment re -

i The Plan, as amended, affirms the role of the Commission in the p

me j selection of the key program officers of the agencv. Undsr its provi- p ig t$he sions. the Chairman would appoint the Executive Director for Opera-e j tions, subject to the approval of the Commission. The appointments of * ;d id7o five other major officers, to be nominated bv the Chairman after con-

' hair- sultation with the EDO. would also be subject to the approval of the ,

) any Commission: the Directors of Inspection and Enforcement. Nuclear edele- Regulatory Research. Standards Development. Nuclear Reactor Regu-gees) lation and Nuclear Materials Safety and Safeguards. The Commis- '

ively sion would also retain its authority to approve the Chairman's , '

. con. nominations for the positions of General Counsel. Secretary of the - -

-the Commission. Director of the Office of Policy Evaluation. Director of Trre. the Office of Inspector and Auditor. Chairman. Vice Chairman, Ex.

con-l Board Panel. and Chairman, Vice-Chairman and ifembers of theecutive Secretary and Members of th trify I Atomic Safety and Li, censing Appeal Panel. The Chairman or any a BOs member of th'e Commission may mitiate appointments for member-ovid 2 ship for the Advisory Committee on Reactor Safeguards.

and The Plan reorders reporting relationships for these ofilcers to in-crease the potential for effective and centralized management of the trin- l agency. It provides that the EDO reports for all matters to the Chair-(g) man, and that the Directors of Nuclear Reactor Regulation, Nuclear dth Material Safety and Safeguards, Nuclear Regulatory Research, In-fers. i spection and enforcement and other program officers report to the u t- 1 EDO. The purpose of this system is to improve routine management une- i of NRC's busmess and execution of Commission policies and programs.

des The Plan reaffirms the ultimate authority of the Commission over scy. the affairs of the agency by requiring that the Chairman and the F,

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4 EDO be governed b regulatory decisions,y the policies of the Commission and Tl by s findings and determinations as the Commissi risk is authorized e.xercise the authority totomake. The interpret the Plan.Committee The Chairmanlifalso l

the EDO through the Chairman, must keep uand the Commiss sPPI licer and currently informed on all matters affecting itsgu responsibilities. functio teria of the NRC. Amy officer or employeepart forof' th directly lem of publictohealth the Commission and safet whenever he or she thinks E; a not being adequately addressed.y or common defense and security is. '

bala remains unatfected by the provisions of the Plan.The Commission's has befo U. REASONS FoR THE REORGANIZATION fori IDoD sources of energy. Nuclear power is one me '

At the same time, the public demands safe, responsible .

T. regul the nation's Congress with exer nuclear power program. The organization y I" charged and Commission. The ca technically superior organization cntical problems it must admaddr and effectively implementing them. pable of shaping balanced policies' T L the nation's baseload electric generatingl Con capaci T

gigawatts electric (GWe). Official projections of the growth  ; teei of nuc capacity made in the early 1970's pmdicted a growth to between wen 11 to 1,200 GWe'by the end of the century. In 1973 utilities placed ,

also forty-five new orders for nuclear st, cam supply sys,temsPI"' ..

from US and enrichment services were forecast. Since the bod:

changed considerably. A pronounced reduction in the isteT,ofincre in demand for electric power coupled with inemasesvari '

in cost time, and new public uncertainty have contributed to de,ferral how or cancellation of orders for new nuclear s projections of nuclear power havedrc,ystems.Departmentof Energy difh pped more than half, current or r oflicial estimates of U.S. capacity for the year 2000 are frommen 256 to of 200 GWe may be more realistic.390 GWe, and informed reas ob T

tion attention to the risks associated with nuclearener enst raised the level of public concern with safety issues.gy considerably poli In spite of the ,

low accident pmbabilities expressed in official studies, sibh concern hist ments of the public continue to be disturbed by the possibility of an ' not, extremely damaging accident. involving the " meltdown" of a mactor viet The Brown's Ferrv fire in 1975 and the accident at sert for have forced a reevaluation of nuclear plant safety. The methods .

and of existing plants and the licensinprocedures used by the NRC l orei crit-also undergoing inemased scrutiny.g and construction of new ones an are cua like

5 ,

uch The Commission also has a major role in reducing other forms of 5 ion risk associated with nuclear energy, including nuclear weapons pro-2 to liferation and unauthorized access to nuclear materials. It reviews and sPP li cations of vendors to export nuclear materials and technology, dly licenses activities associated with uranium milling, and assures the .

peurit Lad terials.y of future, In the systems fornation as the managing the transportation moves forward with a programof nuclear ma-icy for the disposal of nuclear wastes, the Commission will play a key tte prt in assuring the technical integrity of disposal facilities.

ob. Each of these areas is highlv technical, and each calls for careful i, tolancing of health and safeth benefits and risks. The Commission icy has a central role in making th'ese tradeoffs. Investigations conducted before, during and after the Three 3 file Island accident show the need for strengthening its organization and management. so that it may more effectively carry out these critical responsibilities.

A. To assure balance and stability the independence of the Nuclear g Regulatory Com mission teill be preserved of The Pnsident's Commission on the Accident at Three 3 file Island by recommended in October 1979 that the five-member NRC be abolished

,ry and replaced by a new regulatory agency headed by a singie jg gim,nc*rator.

i The President reiected that recommendation, and decided to tvtain ies' the multi,-member, independent structure for the Nuclear Regulatory (

he l Commission. The President is to be commended for that decision. The Commit-34 or ee had serious concerns about either abandoning or, for that matter, 00 senkening the NRC's independent status. Thus the Committee was gg also pleased by the President's decision to amend the Reorganization

g. Plan as originally introduced. That amendment is a reassurance that -

e,s the NRC will continue as a collegial, independent decision-making es bodr.

n That particular form of regulatory organization has been used, in var ous circumstances, by Congress for more than 90 years. It is not, og

• however, a musty historical concept. Within the past te'n years,in four tr y different areas of regulation. Congress has seen fit to either establish

• it or continue independent commissions. Thus Congressional commit- . .

m ment to this form retains modern-day vitality-and for very good 9.

4{ reason.There are four basic justifications for this structure. First, it D-ensures that regulatory decisions will be insulated from partisan.

y political consideration and will be made, to as great an extent as pos- ,

a sible, on the merits after full and fair consideration. The primary P historic justification for this form is that commission decisions shall 2 '

not, either directly or indirectly, be subject to Executive Branch re-P view or approvel. Second a multi-member bod L serve for set terms expiring at staggered intervalsy-whose provides stability members S I S } for overrectilatory policy, time. Decisions an assurance by agencies that such as the NRC havemaior directions a direct, often will evolve a critically important impact on industry and on the public velfare. In

}  ;

an area as sensitive as regulation of nuclear power,it is important to  ;

cuarantee against abrupt change-somethine that would be more l likely if agency leadership chariged every four years. Third, a col-i

)

b P

6 carefull SI'P legialdecisions.

ersted settingJudicial positively contributes policy benefits to well-reasoned from review member [7 multi Reg y delib.

dire courts of appeals, and regulatory from the commission form. Finally, the NRC-like every other in policy l enjoys the the pendent regulatory commission-has a unique relationslup with Con- ton

-ress. The 11eart of the agency's jurisdiction is the exercise of what is tot:

Legislative authority to protect the public welfam through the regu- the; lation of interstate commerce. Independent status is seggested by that prn delegation of authority. Both We are convinced that this Reorganization Plan, as amended,is not by Mite inconsistent with those basic justifications for the independent regu- time an latory structure. Indeed, as we viest it, no part of the Plan suggests This si any adverse effect on those important concerns. the der.

We considered the issues of independence in Volume V of our raste.

Committee's Studv on Federal Regulation. At that time, we concluded: researci "The Committee 15elieves that the independent status of the regulatory and ca commissions should be continued." We reaffirm that commitment with provem this report. The B. The authority and responsibility for managing emergencies scill the nut be placed in the hands of the Chairman L Cnder The clearest lesson to emerge from the Three Mile Island accident "***"

is that response to a nuclear emergency is not best, managed, by a ($8"S), c committee. Emergener situations require prompt decisions, swift ac-tion and clear communications. Unambiguous lines of authority are necessary so that the President, a Governer. the NRC staff. u'tility fmanM cent ra.

personnel or the public can get clear irtformation and be readily ap"- k prised of the situation at any time. This is not possible if auth"ority remains vested in a collegial commission, because the Commission must Dur deliberate and act an a body.

The reorganization will authorize the P sed in an emergency. He may delegate this, Chairman to act for the threeNRC authority to another member Levin of the Commission who would be more appmpriate-because of tech- the C nical or other qualifications-to carry out the emergency management tions !

function. With this chance the lines of command will be clearly Itee,in delineated from the top of the organization. through the ranks of the NRC staff, to the personnel who are at the site where the accident has i mater i plan i occurred. Although this change will not itelf prevent accidents from ing tl recurring in the future. it will greatly enhance the capacity of the ' / refen organization to deal with the problem effectively, i por

r. The reorganization sets forth the functional responsibilities of the ' 5ve '

Commission as a collegial body. and separates these from the re- s Coms sponsibilities of the Chairman as principal executive officer of chair the agency elon Recent studies of the Nuclear Regulatorv Commission have con. i agene cluded that it must concentrate to a far greater degree than it has to Alth date on setting policies for nuclear regulation. The five-year review co.rm ,

released by the General Accounting Office in January puts it succinctly: i 'lli l If nuclear power is to survive the present crisis and con-tribute substantially to the Nation's future energy supply. the

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A. A Commission must cstablish a foundation of public and indus- Tl try confidence in its regulatory ability. The most important ,

scrit i

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lib step necessary to establish that foundation is for the Nuclear Regulatory Commissioner to provide the leadership and

'f".

,, direction in nuclear regulation which they failed to provide in

[' the past. The Commissioners need to set measurable regula-l t ry goals and evaluate progress and performance; they need .

on.'

=g ts to take control of regulatory~ policymaking ; and above all else, they need to make the Commission Chairman the agency's

( principal executive oilicer in fact as well as in name.

Both the Kemeny Commission and the Special Inquiry Group led not gr Mitchell Rogovin observed that the Commission has spent too much gu- ame and energy on relatively trivial details of agency management.

esta This situation is particularly troublesome in light of the need for the development of policies on nuclear powerplant regulation, nuclear our raste, safeguards regulation, and controls over nuclear tegulatory ed: research, all areas where GAO found the NRC to be " slow. indecisive, l ory and cautious-in a word, complacent-but showing signs of im-  ;

ith provement."

The reorganization addresses this situation by clearly setting forth em the authorities of the Commission as the agencys policy-setting body.

Ender the Plan, policy formulation. rulemafcing, and adjudication '

, remain vested in the Commission. while other NRC functions are transferred to the Chairman. The President clearly intends this to free

""* the Commissioners of activities that are not integral to the perfor-1 4

,w, J n2ance of the Commission's policy-setting role, enabling them to con-i,t. *ntrate on significant issues requiring collegial judgment.

P ill. AREAS oF rARTICI*IAR INTEREST lty ist During the Committee's consideration of the Plan, a numberof areas

. posed particular concerns. These were identified during the course of

.C three days of hearings on the Plan chaired by Senators Glenn and 2r Levin. The Administration and members of the.NRC consulted with h-

~

the Committee and the Administration made changes and clarifica- .

nt tions in the testimony of Administration witnesses before the Commit- '

~

Iy tee, in amendments submitted bv the President, and in the written ,

• materials submitted with the ame'ndments. In particular.the amended as plan makes a significant change in the powers of the Chairman, bring-

• ing the structure of the Commission into line with what Senator Glenn

• referred to as a " corporate model."in which a chief operating oflieer reports to a board of directors. Under this arrangement, the Execu-e tive Director for Operations acts as the chief operating officer. the

- Commission as the board, and the Chairman of the Commission as the

>f chairman of the board. The vinue of this model is that the Commis-to-day administration of the 3-

',I agency rion isand freed canfrom dealing concentrate onwith policythe a day adjudication and rulemaking.

o I Although the plan as amended does not exactly follow the traditional 4 i corporate model, it preserves certain strengths of the approach that

=: will assure ater efficiency of operations in the agency than has been f the case in t past. The following areas were of special interest.

' A. Access to Information l The President's initial proposal contained language that raised serious questions among most members of the NRC as to whether they i

i

!I

8 would continue to have access to information necessary to perfonn deletic responsibly in their positions and fulfill their duties to the publie, ent re Section 1(c) of the Plan provided that- 2(c)'

The Commission shall act as provided by subsection a01 Exect (a)(1) of the Energy Reorganization Act of 1974, as ,,3 poi amended (43 U.S.C. 5841(a)(1)), solely in the direct, per. infort formance of functions of the Commission, described in sub- The sections (a) and (b) of this section, and only when such smem functions have not been delegated pursuant. to subsection (a) comn of this section. B. Po The language of the Ener provision provides that eack NRC Commissioner shall haveReorganizatio pifn access to all information of the Commission. The question pose)ual I "

co j3d members of the NRC was whether the Chairman, given mereasedby control over the staff and resources of the agency, might be able to issic

[f the stifle the flow of information to other Commissioners in ordertortooi increase his leverage over policy deliberations. rulemaking proceed-ings or adjudications. memt In the statement it presented to the Committee, the majority of the 'Stom NRC testified that under those provisions the Chairman kould with. tison hold information relating to the administration and management of [ji"o(t' the agency, and might attempt to withhold significant material--such as in actor woulbstion information--on that basis. They felt that the Chairman rgely control the extent to which individual Commissioners could receive answers to their questions from the staff. Many of these fe$

questions could be expected to raise or relate to nuclear safety issues. ment The controversy surrounding this issue called forth a detailed re- Thi sponse from Harrison Wellford, Executive Associate Director for y# "

Organization and Management of the OfSce of Management and C1 ab Budget, during his testimony before the Committee on April 17,1980. bersi Mr. Wellford was responding, he said, to allegations "that access to enabli information would be constrained, thereby impatring the Commission- "a br.

ers' ability to function etTectively." To ' clarify the' Administration's nucles position. he offered a statement of principles. These are that : the C in th<

The Commission shall have full access to all information the e' within the Agency, including that in existence and that Chair which requires development by staff. The Chairman may not invol' withhold or delav providing information requested by the '

f dth Comnission. Individual members shall also have full access  ; beenu to allinformation in order to assure diverse views are prop. rnente erly in formed.

i Thi As expressed by Mr. Wellford. the Administration's intention is:

To ensure a full and free flow of allinformation needed by

} "PP]3 Ch ,

1 prova the Commission or its members and at the same time to pro- .andt i vide for an orderly process with effective use of valuable stafi  !

resources. The Commission, not the Chairman, will resolve sultat  !

any issue and set any internal rules in this vital area. ment. '

of the To itsolve the controversy, the President made two significant revi- hand!

sions of the Plan. First, the language revising the application of sec- j forcei tion 201(a)(1) of the Energy Reorganization Act was changed by the

C 9

perfo #leti n of the words " solely" and " direct," thereby easing the appar-

,pt restriction on access. Second, new language was added in section 5 Publif- qe of the amended Plan, providing that "The Chairman and the lhe)cutive Director for Operations, through the Chairman, shall be 201 ,esponsible for insuring that the Commission is fully and currently as . formed about matters within its functions."

ur- ,The Committee believes that the Administration has, with these ub- .mendments, ensured full access to information for memben of the uch commission in the performance of their functions.

("I P J owers to appoint and remove NRC stag h

by this Those who testified before the Committee on the Administration's

, Clual plan presented a wide arrar of views on who should have authority w appoint and remove key NRC staff. It is generally agreed that the sed bJ commission should ntain authority to hin and fire staff of the Com-pletokl mission-level offices, in particular the General Counsel, the Secretary a

ef the Commission, Director of the Office of Poliev Evaluation, Dime-per to wr of the Office of Inspector and Auditor, and the Chairmen and cceed-nembers of the Atomic Safety and Licensing Apr,eal Panel, the

' Atomic Safety and Licensing Board Panel, and meniben of the Ad-

"f.the risorv Committee on Reactor Safeguards. The President's proposal with- l ent of would have given the Chairman unilateral appointment authority over all other staff of the Commission.except the Directors of Nuclear Re-

-such actor Regulation and Nuclear 3faterials Safety and Safeguards. The

!P"" argument for preserving the Commission's authority to confirm the Ib heads of these two offices was that both were critical in th'e develop-8 ment of Commission policies.

,jues-

' "- This aspect of the Plan, as much as any other, drew opposition -

1. f"P from the NRC majority. The NRC felt ihat under the Plan the "Dd Chairman's role would not depend on the acceptance of other mem-19S0. bers of the Commission, and that the increase in his , powers would ess to a enable him to act without regard to their wishes. This would open 8' D- s broad avenue for the Chairman to exercise substantial control in i ns nuclear safety policy, in addition to his role as a voting member of ,,

. the Commission. The Chairman's control will be most evident early -

• in the critical stage of polier development by the Staff and late n't the equally critical stage of' policy enforcement. This role for the Chairman will hinder, rather than foster. increased Commission involvement in nuclear safety policy." They objected that a Chairman a with majority support "does not need such a battery of authority i j because he can expect to win Commission acceptance of his appoint-ments and actions."

The President wrised those portions of the Plan dealing with the

*. l appointment powers of the Chairman. His amendments ntain in the d Chainnan the power to initiate the appointment. subject to the ap-provai of the Commission, of the Executive Director for Operations

.and the Commission. level offices and Panels listed above. After con-sultation with the EDO. the Chairman also initiates the appoint-

. ment, subject to the approval of the Commission, of the Directors of the Offices of Nuclear Reactor Regulation, Nuclcar 3faterial Safety evi- and Safeguards. Nuclear Regulatory Research, Inspection and En-ec. . forcement and Standards Development.

the l t .

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10 In ex stated. " plaining the purpose of this change, the President's messar establish a Each of these positions contributes to nuclear safety rep These chan lation and each performs functions that help determine the pohef original ch and performance of the agency." The amendments. he said, "are con- reloped alo sistent with my original intent of strengthening the management of lfembers the Nuclear R'egulatory, Commission in order to improve safety in present nut all of the agency's activities while preserving the advantages of the nients. enic Commission form." fall Commi The changes made in the Plan's provisions for appointing sem.or the full C<

stad are accompanied by an equally important change in the appoint- cerned that ment process for other stad of the agency. The appointment power, to stair wh<  ;

which the original Plan placed in the Chainnan, has in the amended the Commi  !

i I

Plan been delegated to the Executive Director for Operations. .b would enoi will be explained further below, this serves to enhance to some degree knowledge < i the ability of the full Commission, rather than , ust the Chairman. nelves to d to exercite oversight and increase staff accountabi ity especially with would rete respect to matters- that affect the policy development. rulemakin# Another and adjudication functions reserved to the Comrmssion. application C. Reporting RelationsMps to the com ject to the !

The Three 3 file Island accident and its aftermath made it abun.

dantiv clear-through coverage in the national press, the work of as a matter the Itemenev Commission, the report of the Special Inquiry Group now makes I led by Mitchell Rogovin. and the efforts of the NRC to study and as soon as reform its own operations-that the NRC has been plagued b'y the facility. su 4 absence of clear hnes of authority antan orderly chain of repqrting PPorts are I relationships. Perhaps the most pointed characterization of the flaws

{gnd,the ni in its structure was presented m Rogovin's report, which received led b,s  ;

much information, technical support and advice from the NRC staff: dg 4 l

Below the Commissien there is no general manager or nionv befoi chief executive officer with singular authority over the staff. of the Nati The stati is divided into five major otlices, three of which are sad safety independently chartered by the statute, and each of which is by the ers-headed by an office director. Between the office directors and isoriginal l

the Commission is an Executive Director for Operations likely that (EDO). * * *

. The Con 1

As a practical matter the EDO does not currently have the author authority to manage the staff. Although the Commission gnt's inte arguably could confer such de facto authority on the EDO,it *, gereby tl i

has not done soin the past few years. * *

• disci Thus, the EDO has served primarily as a conduit between grever.pl ti the five equally powerful commissioners above him, and the 'taff and s five office directors, each with his own independent junsdie- As amen tion, below. The result has variously been described as "non- b), that i matters management",

running the store." As afor"the mess", andthey staff offices, a have situation been where "nobod)ar,

. the pgtnm,issio app acterized as " feudal" baronies and " independent fiefdoms., , , ,

t As with the appointment wers discussed above, the President , gt proposal sought to bring or[r out of confusion by putting authority into the hands of the Chairman. The Plan provi tivegDirect

'tible for i l the EDD report directly to, and perform functions delegated by' the  : formed ab Chairman. It sought to establish a means by which the Chairman .

A

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s messar stablish a regular chain of command through the EDO to the staff.

fety re lhese changes in the existing approach were in conformance with the l

'I* P0 2CJ original changes in appointive powers, and opposition to them de-

. am coa- reloped along much the same lines.

C'**"I ?I Members of the NRC who spoke against the Plan noted that the safet 2" present authority exercised by stati to issue licenses. license amend-geso[the ments, enforcement orders and so forth comes by delegation from the

. full Commission and runs back to authorities whiich the Plan left with ng senior de full Commission. Commissioner Victor Gilinsky. who was con-

, appomt' erned that Commissioners might be unwilling to delegate authority nt power, to stati who did not report directly or indirectly to them, testified that amended de Commission might " modify or withdraw'the delegations which .

tions. A' l i would enormously complicate the work of the Commissions' He ac-ne degr" bowledged that t'here is no practical way for the Commissioner them- )

D"I Ier' elves to deal with all of the thousands of actions each year which would revert to them. .

Another serious objection to these provisions involved curta:1 ment of application of the Sunshine Act. Commissioner Gilinsky pointed out ,

to the Committee that oral reports to the Chairman alone are not sub-

. it abun- lect to the Sunshine Act and are therefore not subject to public scrutiny work of as a matter of law. Under its present configuration. "The Commission v Group now makes it a practice to have the staff report to the Commission "udy and as soon as possible on any potentially. serious incident at a nuclear

~

i by the facility, such as, for example. the rece'nt one at Crystal River." These eporting Pports are received in public session, which has the vidue of " inform- ,- '

he flaws mg the public promptly, of allowing it to see how the incident is received handled by the NRC, and of reducing suspicions that the agency is

- lC st:tf: holding back information."

, or Advocates for the public interest echoed this concern. In his testi-2d m ny before the Committee. Dr. Thomas Cochran. senior staff scientist '

arf *f the Natural Resources Defense Council, pointed out that key health

. g ;3 *nd safety issues are often broucht to the attention of the Congress ind by the press or public attending these briefings. He held that the Plan ons as ri inally propoced would sarply curtail this access, making it less likel hat ismes would be brous ht to the attention of Congrees.

. T e' Committee acknowledml the absence of a forreful coonfinat-t

.he hg authority within the NLC. It was sympathetic with the Presi-30" kut's intent to clarify management authority and establish a system

• 3D *hereby the NRC cotild develop clear directions for stati and impose the discipline necessary to carry them out. The Committee also saw.

'"" bowever. the need to preserve the Commission's authority over agency

. .he staff and sought amendments that would accomplish this.

l 3C" As amended the Plan retains the provision now found at Section

! 'n- Nb), that "The Executive Director for Operations shall report for I is tu matters to the Chairman." The Committee believes that the change I trl, 4 the appointment process as it applies to the EDO will allow the i i

5 .

4mmission an opportunity to assure itself that the individual filling ]

! ident's that post will be responsive to its concerns. The Plan also has been l lrrester hvised to read, at Section *(c) that "The Chairman and the Execu- I ldthat tire Director for Operations, th'rouch the Chairman, shall be respon- 1 l >y. the tible for insuring that the Commission is fully and currently in- i

,could formed about matters within its functions." Fu'rther, the Plan now I l

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1 requires that the Chairman "shall be responsible to the Commission '

for assuring that the Executive Director for Operations and the staff of the Commission . . . are responsive to the requirements of the Commission in the performance of its functions."

The Committee believes that public briefings of the Commission by stati on matters of safety and safeguards concerns are an important element of this function, and that they should continue.

The authority of the EDO relative to the heads of other stad offices below the Commission level has also been strengthened in the amended Plan. Section 4(c) provides that "The function of the Dimetors of Nuclear Reactor Regulation, Nuclear Material Safet and Nuclear Regulatory Research of reporting di'ytoand rectJy the Safeguard Com-mission is hereby transfernd so that such officers report to the Execo-tive Dimetor for Operations. The functions of receiving such reports is hereby transferred from the Commission to the Executive Director for Operations." Heads of program offices not specifically named in 4 the Plar. will also report to the Executive Director for Operations.

The Committee believes that these changes strike a more appropriate balance between the increased concentration of executive authority over staff and the need for accountability, Commission access to key information, and assurance that staff will be dimeted to implement policies of the full Commission, rather than those of a Chairman act-ing alone.

• D. Role of the E.recutive Director for Operations ,

In recent years found himself in, the NRC's Executive Director for Operations has the quandary described above by the Rogorm panel-five Commissioners with virtually equal power above and,five major offices below. It has been clear for some time that this office is of but the great EDO lacked importance sufficient in etfeClive authority management over staff to administer of t the ctiviagency, of the Commission.

The role of the EDO under the President's proposal would ha,ve been shaped by the Chairman. The Plan would have given the Chair-man power to appoint the officer without regard for the views of other 1 members of the Commission, and would have provided that the EDO report to the Chairman alone. The Chairman would also have been empowered to establish such reporting relationships as he might find appropriate, some of which would have run to him through the EDO This schemo would have transformed the office to the equivalent o

" Deputy" or "Vice Chairman", and would also have removed the a i countability of the EDO to other members of the Commission, or ,

the NRC majority in cases where their views differed from those o the Chairman.

As noted above, there was considerable or> position to this approach ged among before the Committee. the members of the The Comrnission NRC that advocated and thepublic EDO witne pointment be made subject to a proval by the Commission, and t}

his or her role "should be define in the Plan as the Chief Staff Offle' i

to whom the Staff reports, who acts as the Commission's a the general supervision of the Chairman on behalf of the Cons, '

mon,in managing the day-to-day operations of the agency.' O9 wit-I 1

- - .. ~ - . 1 , a.n ., _

p n

13 nission ness, Mr. Howard Winterson, of the Atomic Industrial Forum, saw 2e stag clear benefits from a management perspective of placing in the EDO of the the power to appoint and remove all other stad of the agency, thereby allowmg tla Chairman to preserve a degree of independence m the col-

sion by legial activities of the Commission while leaving the management chain

- )ortant of authorityclearandintact.

As noted above in the sections on reporting relationships and ap-f offices pointment powers, the Committee foresaw senous problems in remov-nended ing the appointment of this key official from the list of those requiring tors of the approval of the full Commission, and instead making the EDO

. pmds, dependent on the Chairman alone for his authority. However, the iCom- Committee also recognized the great need for an inciesed focus of 4

Execu- authority at the top stad levels of the agency. Some members felt that reports by strengthening the EDO, but providing that he be accountable to in the full Commission, the NRC could develop an operating structure mi similar to that of a private corporation, with a Board of Directors-

< atio analogous to the Commission-developing policies, and'a chief operat- -

riste ing oHicer responsive to the Board-in this case the EDO-carrying ,

t ority them out.

. to ke7 The Administration was sensitive to these concerns. In the message

. .lement that accompanied his amendments to the Plan, the President stated an act- that:

The second general purpose of the amendments is to pro- ,

vide for more eHective executive manaRement of the agency by making more explicit the responsibilities of the Chairman and ~

ans has the Executive Director for Operations acting under his direc-ogovin tion. As amended, the Plan charges the Chairman with plan-

! nd five ning for the development of policy for consideration and liatcetheis of approval by the Commission. In the past, this responsibility has not been clearly fixed and has consequently been ne-

ivities ~

glected. The amended Plan continues to make clear that the

d have . Executive Director for Operations reports to the Chairman.

An amendment, however, requires the Chairman to delegate l Chiir- to the Executive Director for Operations the authority to

.f other bEDO- appoint the stag and the day-to day administration of the le been agency. Under this arrangement, the Chainnan retains re-l ht find sponsibility for the delegated functions but will be better i EDO- able to handle his other leadership tasks.

The Committee agrees with the President that there is l lent of ' able benefit in reliarme the Chairman of mistrative the direct adm, consid,er-lthe ac- responsibilities he would have been forced to assume under the Plan b, or to tosecf as initially proposed. The amendments will free him to be the chief architect of NRC policy and the focal point for development of con-proach sensus on the demanding and highly complex issues considered ,by est the Commission. Direction of the EDO by the Chairman, is not m.

3'2 tended to pnvent the EDO from independently prepanng neo,m-idtt--

2nendations on matters which have been delegated to him.

Officer. Strengthening the EDO will impmve the use of NRC's excellent

.under stas resources, and will provide an immediate focus of responsibility immis- . within the agency through which the stad can be held accountable se w24- and can be given clear dinction. The EDO's performance mil le C

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__ f. I 14 judged by the Cornmission. This key officer will therefore, be expected '

to exercise delegated functions according to the spirit as well as the letter of Commission policy. '

E. Ultimate Authority of the Full (%mmisrion In attempting to redress the present lack of effective management and leadership at NRC. the President's Plan concentrates certain administrative responsibilities in the hands of the Chairman. It, does not, however. displace the ultimate authority of the full Commission over the affairs of the agency. Instead, it affirms that authority in several important ways.

First, the Plan provides in Section 1(a that a majorit Commission may determine whether any) matter, actipn, y of question or area of inquiry pertains to its functions. This gives theCommission broad authority to exercise oversicht and create policy governing the operations of the agency. The Committee intends that any mem-ber of the Commission may raise a matter, action, que= tion or area of inquiry for formal consideration by the full Commission. We expect that the Commission will develo'n its own process for deter-mining whether a particular issue pertains to its functions, and will carry out this process in the spirit of cooperation.

Second, while placing certain responsibilities in the hands of the Chairman, the Plan provides in Section 2(b) that the Chairman,is responsible to the Commission for assuring that staff are responsive to Commission requirements as it ca rrie's out its functions.

Third,in many respects the authorities of the Chairman will become fully effective only upon ratification or approval by the Commission.

This applies to the appointment process for senior staff, to the devel-opment of licy planning and guidance, and to development of plans for distrib tion of appropriated funds. Further, the concentration of appointment powers and other functions in the hands of the Execa-tive Director for Operations, whose own appointment is dep,endent upon confirmation by the full Commission, affirms the Commissm,n's authority and responsibility to oversee the EDO and, through him.

the agency's activities.

IV. SECT!o.V-BY-SECrfoN ANALYSIS or TIIE PLAN. AS A31TNDED Section ]

This section outlines the functions and authorities which will be reserved for execution by the Nuclear Regulatory Corranission, as 8 whole. It provides for Commision delegation of these functions to individual members or staff. It establishes an appointment process for the ma gation,jor offices of the Commission. This section provides fo mission level offices. th3 Atomic Safety and Licensing Board Panel.

Atomic Safety and Licensing Appeal Panel, and Advisory Committec l on Reactor Safeguards. This section also assures continued access to I

information for the Commission.

Subsection (a) tion, rulemaking.provides that theasresponsibilities orders and adjudications, for policy fo now carried out by the Commission, shall remain vested in the Commission and shall be car-ried out by the Commission and ret'ains the Commission as ultimate l

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% l +

15 Ged decision-maker. This subsection also provides that the Commission 0,he may determine by majority vote in any ama of doubt whether any other matter, action, question or additional area of inquiry under the Commission's jurisdiction, as vested in the Energy Reorganization Act of 1974, pertains to either policy formulation, rulemaking, or mt orders and adjudications.

an " Policy formulation" shall include any determination, whether spe-xs cific or generic, afecting the sulystance of the Commission's responsi-C bilities concerning the common defense and security and the health and in safety of the public. It may therefore encompass a variety of activities beyond the establishment of broad principles to govern Commission b act on: for example, major administrative decisions that have substan.

In 2

tive implications; approval of the NRC budget. including specific pro- (,

grams; the setting of research priorities; implementation or enforce-4 mint actions having major procedential value.

• "Rulemaking" is defined in section 553 of title 5 of the U.S. Code,

! except that those matters set forth in 553(a)(2) and (b) are reserved 7

for the Chairman. The Committee intends by this definition to reserve y to the Commission for its decision makine" rules which might apply .

. Rule-to makingforeign and military meludes matters consideration andas set forth'in approval section of all rules requ553(a)(1) ired to

!* be published under section 553 of the Administrative Procedure Act.

[ Those rules which are exempt from notice and comment provisions of that section will not be considend or approved by the Commission, -

g unless they afect policy formulation or adjudication responsibilities.

3 Therefore, the Commission rulemaking authority includes policy state- / ,

y ments and all rules relating to adjudication including rules of practice g and procedure.

3 "Ad order.An judication' means order is the theoragency whole part of process for the formulation a final disposition, whether of an 3 affirmative, negative,injunctive or declaratory in form. of an agency ,

a m a matter other than rulemaking but including licensing. Adopting

. .the general definitions of section 551 (6) and (7) has the efect of lear-s ing to the Commission broad adjudicatory authority not limited by

~ the exceptions to section 554 of title 5 of the U.S. " Code. Unlimited i authority for adjudicator matters is vested in the Commission. Ad-

judications include granting, suspending. revoking, or amending li-

censes or construction permits under 42 U.S.C. 2232-2939, as amended ;

> granting or denyirg an application to transfer control of any license

> :under 42 U.S.C. 2234. as amended ; imposing a civil penalty for violat-

) 7i ng a license requirement under 42 U.S.C. 2282. as amended : the Com-1 mission's export licensing activities under the Atomic Enar

.Juelear Non-Proliferation Act and any other adjudications,gy

~

which and 5the Commission is required or authorized by law to decide. As policy Mill undoubtedly be formulated in adjudications dealing with issuance,

)j mentsuapension, nvocation, proceedings,it orthat is expected amendments the Commission to licenses as well as enforce-willitself make

such decisions in precedent setting cases whereverpossible. It is further g Intended that adjudications under the reorgamzation plan are not j limited to contested administrative actions and specifically include

,s a major enforcement actions which may be contemplated.

7 .

j9 'l.c rify that the Commission is the ultimate decision-making body.The Committee sought and obtained' a

~

a-

l I

16 While Section 2 of the Plan transfers certain responsibilities to the Chairman, the Commisdon, r.s i,rovided in subsection (a), may make a decision on any other matter which pertains or is related to pohey formulation, rulemaking or adjudication. This broad authority f,or the Commission is to ensure that in all matters vested in the Commis-sion the Commission retains the ultimate responsibilities and authori-ties.

L

Subsection (a) further provides that any portion of these functions may be delegated by a majority vote of the Commission to the Chair-man or any other member of the Commission, or to the staff thmugh the Chainnan. It is not intended that this authorit of its functions to one particular member, includm,y to delerate so g, the Chairman, i

will erode the Commission's collegial nature: rathet, its purpose is to l

permit flexibility for the sake of efliciency. This provision is also

designed to allow the Commission to delegate a portion of its func-

! tions to the staff. The Commission retains the right to delegate directly a portiort of its functions to Commission level staff: for example, Gen-eral Counsel, the Secretary of the Commission, the Office of Policy

!- Evaluation, and the Office of Inspector and Auditor, and the Atomic Safety and Licensing Panels and Advisory Committee on Reactor

! Safeguards. The Committee expects the Commission to develop its own procedures for the supervision of delegated functions.

Subsection (b) provides that with respect to the Executive Direc-tor for Operations, the General Counsel. the Secretary of the Com-mission. the Director of the Office of Policy Evaluation, the Director of the Office of Inspector ans! Auditor, the Chairman,,Vice Chairman, Executive Secretary, and members of the Atomic Safety and Licens-ing Board Panel, Chairman and Vice Chairman and members of the Atomic Safety and Licensing Appeal Panel, the Chairman willinitiate the appointment, subject to the ap, proval of the Commission. The i

Chairman or member of the Commission may initiate an action for removal for these same officers, subject to the appmval of the Com-mission. The Chairman may designate acting oflicers, until the Com-mission considers and approves such appointments. It is intended that the Chairman shall submit an appointment to the Commission as

' rapidly as possible in order to insure that Commission approval.18

made without delay, and in order to reduce any period of vacancies l

or interim appointments. The Committee intends for the Chairman t,o consult with other members of the Commission in selecting and nom,i-nating his appointments. No removal of any officer designated in subsection (1)(b) may take place without the approval of the Com-mission, unless authorized by some other provision of law. Any mem-ber of the Commission, inclu' ding the Chairman. may initiate an action for removal of such an officer, and the Commissioner shall consider such action in a timelv fashion. Any references to appointment: super-vision and removal of staff within this Reorganization Plan shall not affect or abrogate in any way any merit systems or employee rights which may exist or be developed.

The designation of officers established by the Commission in su,b-section (1)(b) is not intended to limit the authority of the Commis-sion to abolish or alter the existence or functions of such oflicers or offices or their successors.

l' t

~m3 m s

17 s to the Subsection (b also provides that with respect to the ollicers of the

.y make Director of Nucl) ear Reactor Regulation, Director of Nuclear Material

) pohey Safety and Safeguards. Directer of Nuclear Regulatory Research, Di-ity f,or rector of Inspection and Enforcement. Director of Standards Devel-

mmis- opment, the Chairman, after consultation with the Executive Director tuthort- for Operations, shall initiate the appointment, subject to the approval of the Commission, and the Chairman, or a member of the Commission mctions may initiate an action for removal, subject to the approval of the Com-3 Chair- mission. The Committee intends that the Chairman will consult closely

hrough with the Executive Director for Operations, who will have day to-day t3 some responsibility in working relationship

irman, The Committee believes that irmanthe Cha,ps should solicit with these from the Ex- five office directors.

ase is to ecutive Director suggestions for nominees for these positions.

4 is dso This subsection also provides that the Chairman or a member of the ts func- Commission shall initiate the appointment of the members of the Ad-dir # v visory Committee on Reactors Safeguards, subject to the approval of b the Commission. The provisions for appointment of the Chairman of 1 the Advisory Committee on Reactor safeguards and'the term of the

/Atowe . members shall not be affected by the provisions of this Reorganization pactor Plan.

elop its  ! Subsection (b) al% provides that the Commission shall delegate the

' function of appointing, removing, and supervising the staff of the Offi-Direc- ces of General Counsel. Secretary of the Commission, Office of Policy a Com- l Evaluation, and Office of Inspector and Auditor to those offices or suc- *

% rector i cessor offices. It also requires the Commission to delegate the functions l irman, a and supervising the staff of the Atomic lof appointing, removing, /

Board Panel, Atomic Ssfety and Licensing Ap-

{ Safety and Licensing lLicens-s of the  ! peal Panel, and the Advisory Committee on Reactor Safeguards, to pniti:te ithe respective Chairman.

m. The j Subsection (c) provides that each member of the Commission shall

. ion for jeontinue to appoint, remove, and supervise the personnel employed in a Com- his or her imraediate office.

1 o Com- . Subsection (d) provides that the Commission shall act in accordance led that j with subsection 201(a)(1) of the Nuclear Reorganization Act of 1974 >

pion as roval is p(n the performance of its functions as described in subsection (a) and- b of this section Leanc2ee jtio)n Act of 1974 provides that each member of the Commission,in-hman g . (cluding the Chainnan, shall have equal responsibility and authority in 4 nomi-  : all decisions and actions of the Commission, shall have full access to Lted in information relating to the performance of his duties or responsibili-b Com-  ; ties, and shall have one vote, thereby assuring information availability ymem- charges the Chairman t action ;lto the Commission. Further, section as the official spokesman of the Commission m 201(a)(1)its relations with Con-pns2 der  ! gress, government agencies, persons or the public and requires him to

supee ftithfully execute the policies and decisions of the Commission, and to tall not. Mport to the Commission from time to time or as the Commission may

. r' jrect, pSubsection (d) provides that the Commission shall have full access all information within the agency, including that in existence and

, mm2s o j@ t hat which requires development by the staff.

~

The Chairman may not tc$or j jthhold,or delay providing information requested by members of the

@[.' .

h.,; nimission.

(My. c

18 Individual members of the Commission have full acces formation in order to assure that diverse views of members ar erly informed, except that requests for information not in existence and, therefore, requiring staff resources to develep, and requests for staff opinions or recommendations shall be directed to the staff t the Executive Director for Operations in order to foster orderly as-signment of work and setting of priorities. Preliminary information in support of major administrative decisions to be presented by the Chairman to the Commission for approval as provided by other sec-tions of this Plan are not expected to be requested b individual commissioners prior to such presentation.y or provided If the Commis-to sion determines that such information is pertinent to its responsibil as outlined in section diately available to the (Commission.a), then such information will Section t L in This section sets the Commission forth the by section 1 transfer of certain functions not veste subject to the ruidance of the(a) to the Chairman, to be carried out Commission and provides that the Chairmah wiiiI>e the principal spokesman a;nd the principal execu tive officer of the Commission. It also sets forth authorities and re-sponsibilities for the Executive' Director for Operations. Further, this section outlines responsibilities for both the Chairman and the Direc-tor for Operations.

Subsection a not specified b(y)section 1 of this Reorganization Plan determined b Commission, y the Commission' under section 1 to be retained by are to be transferred to the Chairman. This subsection also provides that the Chafrman shall be the officiaf spokesman for the Commission subject to Commission guidance and operating w Commission approval. It provides that the Chairman mt, shal supervise and remove, without any further action by the Commission, Directors and staff of the Office of Public Affairs and the Offico of Con-gressional Relations. This subsection provides that the Chairm'an,may consult with the Commission as he deems appropriate in exercising the appointment function of these two oSces. ,

executive officer)of the Commis'sion and shall be Commission for developing policy planning and guidance for consid-eration by the Commission, subject to Commission guidance. It pro-vides that he shall be responsible to the Commission for assuring that the Executive Director for Operations and the staff of the Commissim are responsive in the performance of their functions to the require-ments of the Commission. This subsection provides that the Chair-( man shall examine and resent to the Commission proposals for the i use and expenditure of funds of the Commission,in accordance w2 the distribution of appropriated funds according to major programs and purposes ap to tlie Commiss, proved by the Commission; and that he shall present ion for its consideration the roposals and estimates set forth in paragraph 3 of this subsection. T$1s subsection sets forth certain responsibilities for the Chairman and requires him to delegat' those responsibilities, subject to his direction and supervision, to th' Executive Director for Operations.

_ _ _ _ _ _ _ _ _ _ - - _ - - - ~ - - - - ~ ~ ~ ~ ~ ~ ~ _ . - _ . - -

19 reguires that the Chairman delegate:

[ Subsection The a (b) administrative functions of the Commission;d among The distribution of business among personnel an 3 mistrative units and oEces of the Commission; 7

(3) Preparation of proposals for the organization of the b

s major oEces within the Comnussion, the budget estimate for the Commission; 3

)

, (4) The proposed distribution of appropriated funds accord-

, i tomajorprograms and purposes;thout any further action by

)

Appointing and nmovmg wi

, !th ommission all oEcers and employees under the Commission, ifically other than those whose appointment and removal are s r

provided for by subsections (1)(b), (c), and (2)( of this reorganization plan.

The Executive Director for Operations is charged as the chief operating and administrative oEcer of the Commission, nsponsible I for the management and operation of the stad in the performance of i ita duties and responsibilities.The Executive Director for Operations, 1 as the principal administrative officer, is generally responsible for supervising the staff of the Commission. He shall ensure that the Commission receives information and other assistance necessary for 4

the performance of its functions, and shall be specifically accountable to the Commission in this regard. Work schedules or other management directives required to organize the staff and process the Commission's requists forinformation are the responsibility of the Executive Direc- -

tor for Operations.

As the principal executive officer, the Cnairman is responsible for .

the execution and enforcement of the policies, rules and decisions est:blished by the Commission. .

Administrative decisions which have a major impact on policies, or are critical to the direction and performance of the agency. shall be developed and proposed by the Chairman and are subject to Com- +

- mission approval. For example, the Commission must approve the bu te:timates and the proposed distribution of funds in the budget / ,

acco ing to major programs and purposes; approve reorganizations which involve major realignments among the offices of NRC; and consider such major administrative questions as location, number of field officers, or annual program plans which have the eHect of setting ag~ency riorities. '

Sub on (c) provides that the Chairman. as principal executive l officer, and the Executive Director for Operations shall be goveme t by the general policies of the Commission and by such regulatory de-cisions, findings. and determinations, including those for norganiza-tion proposals, budget revisions, and distribution of appropriate.1 funds, as the Commission may by law, including this Plan, be author-ized to make. Subsection (c) further provides that the Chairman and the Executive Director for Operations. through the Chairman, shsll be responsible for ensuring,that the Commission is fully and currently

l informed about matters within its functions.The Committee intends subsecti transmitted to the Chairman by the Executive Director for Operations asinformation relating to the Commission's functions will be given to I

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20 the Commissioners immediately and without any alteration.11e i Chairman wrves in nis capacity only as a conduit for information o centralir.c the collection and forwarding of information to the Com-mission. The Committee does not wish >nimtion (c) to be used to justify a Chairman's decision to withhold infonnation from, or delay information to the Commissionent. Quite to the contrary,1 givin is s e argo to both the Chairman and ic the Executive Dinctor for Operations to keep the Commission fully and curantly informal about mattery within the Commission's ju'rialiction.The nend fo from the Executive Director to the Commision is Regulatory i h Nuclear paramount as

~ dernonstnged by a situationc widch arose n t decommission in Marr.h the seismic analysis problems which led to a he shutdown of five reacto'rs for several days after the Chairman was fin t informed of this pmblem.

Such infonmulon, critical to the adjudicatory tvsponsibilities of the Commission, in the possession of the Excentive Director fo Commission as a whole. Subsection (c) is not intended in any way to restrict sion's right to information. It is intended to iharge both the C i

I the general policies and guidance of the Commission to whom they are j both ultimately responsible.

z Section 3 This section provides for the transfer of all einergency response ,

e j

functions of the Commission to the Chainnan. Subsection (a) provides for ,

i of the Commission to be transferred to the Chairman. The Ch ,

'$ appropria.te officists, issue Comtidssion onlcrw. interpret Commission ,

-E odicials, issue Commission orders, interpn t Commission policies. or determine specific policies if the Commision has not formulated ,

policies applicable to the emergency silmdion, and direct j and co-

1. ordinate Commission and other actions in waponse to the emergency. -

, d( The Commission shall not have the authority to direct the Cl i

.. I f these functions must conform to emcrency subsection (c) ofonly thisforsection. Th8 ChairTnan is expected to assume such authority

. , o the limited duration of a specific emergency at a particula 8

" emergency""does not conform to, affect, or mlate ' in any 4 mai  ;

4 slon agreements of indemnification, or ciscwhere. Subsection (b) provid -

q delegate the emergency functions to another member of the C#

y sion if he is unable to perform such functioms or otherwise det%nces. .

riato under the circumsta

,3y that such delegation rs intended would be that such delegation shaapprok! be complete, so that the dg ,

nated member of the Commission has full authority to deal with A;A emergency. A partial delegation would be justified only for an p gency that affected a widespread geographic region, involved se 3 t 4-

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21

, disparate problems or occurrences, or otherwise consisted of clearly

. dirtsible features.

. The Chairman, or another Commission member delegated the emer-

, gency functions, may delegate the performance of such functions to  !

the staff. It is expected that such delegations will be partial, and that l the Chairman or other member of the Commission shall be fully re-

,ponsible for the adequacy of the Commission response to the e~mer-gency. It is also expected that actions taken under such delegations shall conform as nearly as possible to any Commission plans for emer-gency response-Subsection {c) provides that the Cnairman, or member of the Com- <

giission excretsmg the emergency function, shall follow the previ- l ously established general policy directions, guidelines and decisions  !

to tfn extent possible under the emergency conditions, but shall have i giarimum discretion to adapt or refashion such policies to the spe-eific cmergency. It is not intended that the Chairman or member exer.

I dsing the emergency functions, be subject to cz post facto or ongoing '

review by the Commission of the conformance of the emergency re-  !'

sponse to detailed policy directions of the Commission. General good faith policy comphance is expected, however. The Chairman. or other Commission member carrying out the function shall keep the Commis- ( l von informed of conditions and actions to the maximum extent possi- l bl3 under the circumstances. It is expected that the Chairman. or other mber exercising the emergency functions, will assign a staE mem- l to serve as haison with the Commission during the emergency,

,at no consultation with the Commission shall be necessarv. Such con-sult:tions may occur if the Chairman, or member exercising emergency .

functions, so requests.

Subsection d) provides that the Chairman, or other member of the Commission e(xercising emergency functions,shall report in full to the C:mmission on the emergency following its conclusion. The purpose l of the report will be to assist the Commission to formulate or reformu-

• late policies and rules relative to emergencies in general or to partie-  !

ular or general problems that were presented by the specific emergency. . .

Section 1 This section provides that the Chairman may make other delegations I of his responsibilities and may provide for other reporting relation-

' ships and requirements subject to other provisions of law and this j Reorganization Plan. This section also provides for the continuation of '

.' the open door policy of the Nuclear Regulatory Commission and estab-  ;

- lishes new reporting requirements. . j Subsection (a provides that the Chairman may make further dele-gatitns of his ) authority and provide for such reporting as the ,

l Ch:irman deems necessary, subject to provisions of law and this Re- '

nization Plan. This subsection also provides that any officer or  :

crg emp l:yee of the Commission may communicate directly to the Com-mission or to any member of the Commission whenever,in the view of such officer or employee, a critical problem of public health and safety .

or common defense and security is not being properly addressed. This I subsection reinforces the NRC's open door pohey witli respect to bring- ,

ing to Commission attention issues which affect the safet ,

i reactors. It leaves other aspects of the policy unsfrected. y of nuclear

.s 22 shall report for)all matters to the Chairman tended to assure that the Chairman will centralize the flow of tion. As the prine' pal executive officer of the Commission, ma. the Chairman is required to centralize both the requests for and the is mission of information to the Commission. The Exec Operations is to be supervised by the Chairman for all matters dele 1

gated to him. The Executive Director for Operations, however is  !

responsible to the Commission for any matters which the Commiss, I asSubsection a whole may(so delegate to him.

2c Operations has r)es(po)nsibilities and accountab  ;

mission as a whole and to the Chairman. j Subsection lation, Nuclea(c) provides that the Directon of Nuclear Reactor Reg r 3faterials Safety and Safeguards, and Nuclear Regu- 1 latory Research shall report to the Executive Director for Operations I rather than to the Commission. This subsection further provides that the function of receiving such reports is transferred from the Commis-sion to the Executive Director for Operations. The purpose of this subsection is to streamline the reporting and supervision of these employees. ,

Subsection (d) provides that the heads of the Co(mmission level of. ,

fices or their successor offices of General Counsel, Secretary of the '

Commission Office of Policy Evaluation, Office of Inspector and Au-  !

ditor, the Atomic Safety and Licensing Board Panel and Appeal Panel, ahd Advisory Committee on Reactor Safeguards shall con-tinue to report directly to the , Commission, and the Commission shall  !

continue to receive such reports.

Section S This section provides that the provisions of this Reorganization Plan shall take efect October 1.1980, or at such earlier time or times as the President shall speciff, but no sooner than the earliest time allowable under section 906,of title 5 of the U.S. Code.

v. ROLL CALL vote The vote of the Committee to report S. Res. 397 unfavorably with the recommendation that it not be adopted was:

Ym Nays '

(

3fr.Nunn '

3fr. Glenn .

Air. Sasser lir. Pryor 3fr. Levin 3fr. Ribicod 3fr. Percy 3fr. Javits 31r. Stevens 3fr. Stathias (Proxy)

Air.Jackson 3ir. Eagleton 3fr. Danforth Afr. Durenberger L

I I

23 vr. cost rstrxArz st forth below is a statement furnished by the Congressional I yet Office purspant to section 403 of the Congressional Budget Of-det of 1974. U.S. CoNcues, CoNoESsloN AI, Bencer Orrict, Washington, D.C., May 20,1980.

t. AaRArtix sirman, Rratcorr, Committee on Governmental Afairs,

1. Senate, Washington, D.C.

IEAR MR. CIIAIRxAx : Pursuant to Section 403 of the Congressional (get Act of 1974, the Congressional Budget Office has reviewed S. -

s 397. as ordered reported by the Senate Committee on Govern-Ltal Affcirs,May 15,1980.

fhe Committee did not agree to the resolution which disapproves President's amended reorganization plan for the Nuclear Regula-y Commiwion. The proposed reorganization transfers certain ad-cistrative, budgetary and emergency responsibilities from the full amission to the Chairman or the Executive Director for Opera-res. The pl:n does not create new functions for the agency as a whole. 4 Eased on this review,it appears there will be no significant cost to t government as a result of the proposed reorganization. A reallo-0 # existing staff may occur but it is not expected that overall afling requirements will be increased. No savings to the gov-k... cre expected if the plan is implemented, becausc it does not B for a reduction in personnel or in the level of services provided. -

Sine: rely. Atzcz hL R m.rx, Director.

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i d.PrENDIZZ8 g, RE88 AGE FROM TIIE PRESIDENT oF TIrZ UNrTED STATE 8 TRANS1tri*TINo Pl.AN No.1 oF 1980 To the Congress of the UnitedStates:

I am submitting herewith to the Congress Reorganization Plan No.

1, of 1980, under authority vested in me by the Reorganization Act of 1977 Chapter 9 of Title 5 of the United States Code . The Plan is design (ed to stangthen management of the Nuclear) Regulatory Commission in order to foster sarety in all of the agency's activities.

The need for more efective management of the Nuclear Regulatory Commission has been amply demonstrated over the past year. The accident at Three 3 file Isiand one year ago revealed serious short-comings in the agency's ability to respond efectively during a crisis. 4 The lessons learned from that accident go beyond crisis management however. They provide the impetus for improving the effectiveness 02 all aspects of the government regulation of nuclear energy.

In my statement of December 7,1979, I responded to the. recom-

, mendations of my Commission on the Accident at Three 3 file Island and set forth steps now being taken to address those recommenda- -

i tions. I stated that I would send to Congress a Reorganization Plan to strengthen the Nuclear Regulatory Commission's ability to regulate nuclear safety. I am submitting that Plan today.

The Plan clarifies the duties of the Chairman as principal esecutive i officer. In addition to directing the day-to-day operations of the

~

I agency, the Chairman would take charfe of the Commission's response ,

j to nuclear emergencies and, as principal executive officer, would be -

• guided by Commission policy and subject to Commission oversight.

Management problems

' Intensive investigations undertaken since the Three 3 file Island accident have revealed management problems at the Nuclear Regula- ,

tory Commission. These problems must be rectified if the Commission is to be a strong and edective safety regulator.

3I7 Commission. called the Kemeny Commission after its

• Chairman, Dr. John Kemeny, concluded that the underlying problem at Three 31ile Island stemmed not from deficient equip-ment but rather from compounded human failums. This included the inability of the Nuclear Regulatorv Commission to pursue ~

its safety mission efectively in view of its existing management policies and practices. The Kemeny Commission reported a lack -

of " closure" in the system to ensure that safety issues are raised, I

ansivzed and resolved. Kemeny Commission members also con-cluded that the Nuclear Regulatory Commission relies too heavily on licensing, and pays insutlicient attention to ensuring the safety  ;

of plants once they arein operation.

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26

, During the course of its investigation, the Kemeny Commi i slon Iound serious managerlai prousems at the top or the nucleg i Regulatory Commission. It noted tnat the Couimissioners i diffuse leadership of this kmd leads to h2gn offices that operate with httle or no effective gtuaance  % and 'i coordination. e i

A recently completed independent study authorized and fund i by the Nuclear hegulatory Commission itself also found serio 2 fault with the Commission's management and called for a ma $

organizational overhaul. The report states that there is no authori. I' !

tauve manager but, instead, uve equally responsible Commis- '

i head their own " independent fiefdoms."sioners who'

• i Likewise, a recent report of the General Accounting Oilice

, notes the failure of the huclear Regulatory Commission to define either the autnority of the Chairman or that of the Executive '

Director for Operations. The stas lacks policy guidance and t management leadership to set priorities and resolve safety issues. ,

There are unreasonable delays in developmg policies to guide the licensing and enforcement activities of the agency.  ;{

The Central theme in all three of these studies is the failure Nuclear Regulatory Commission to provide unified leadership and ie consistent direction of the agency's activities. The present statutes q i contain conflicting and ambiguous provisions for managing the agenc Important corrective actions cannot or will not be taken by the Com-mission until the laws are chan ' i continuing nuclear safety hazard.ged. Failure to do so constitutes j The present Reorganization } lan would improve the ef!'ectiveness of the Nuclear Regulatory Com,' mission by giving the Cha -

powers he manner needs to ensure ej!icient and coherent management in a that 1 organization. preserves, in fact enhances, the commiss2on form of II  ;

It '

Commission '

i

-Under the proposed Plan, the Commission would continue to be i

responsible for polier formulation, rulemaking and adjudication as 4

i functions which shotild have collegial deliberation. In addition, the i Commission would review and approve proposals by the Chairman concerning key management actions such as personnel decisions afect- i i' i

ing top positions which directiv support Commission functions, the i ;

annual budget. and major stad reorganizations. In carrying out i ;

its role, the Commission would have the direct assistance of several

)

Commission-level offices as well as the licensing board, the appeal ~

panel, and the Advisory Committee on Reactor Safeguards. The Plan i would not alter the present arrangement whereby the Commission, '

i acting on majority vote, represents the ultimate authority of the Nuclear Regulatory Commission and sets the framework with'in which the Chairman is to operate.

Chairman ['s

, Under the Plan, the Chairman would act as the principal executive i officer and spokesman for the Commission. To accomplish this, those j  !

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1 functions of the Nuclear Regulato Commission not retained by the Commission would be vested in the Chairman, who is currently coequal with the Commissioners in all decisions and actions. The Chattman.would be authorized to make appointments, on his own l suthonty, to all positions not specified for Commission approval and (

vould be responsible to the Commission for assuring stah support by

.the operating offices in meeting the needs of the Commission. The

Executive Director for Operations would report directly to and receive

!!as authority from the Chairman. Heads of operating offices would l siso report to the Chairman or; by delegation, to the Executive l Director for Operations. Otlice heaas womd also be authorized to  ;

communicate directly with members of the Commission whenever an Wiice head believed critical safety issues were not being addressed.

Emergency management The Nuclear Regulatory Commission's ability to respond decisively and responsibly to any nuclear emergency must be fully ensured in advance. Experience nas shown that the Commission as a whole 4 ,

cannot deal expeditiously with emergencies or communicate in a clear, unified voice to civil authorities or to the public. .But present law prevents the Commission from delegating its emergency authority to l one of its members. The Plan would correct this situation by specif-ically authorizing the Chairman to act for the Commission m anthe Chairman would be '

. In order to ensure flexibility emergencd'to permitte delegate his authority to deal'w'ith a particular emergency to any other Commission. Plans for dealing with various contin-Commission would also receive a report from the Chairman or hir designee describing the management of the emergency once it was over, Actiona not included in this plan .

Not included in this Plan are two actions that I support in princi'ple but that need not or cannot be accomplished by means of a Reorganiza-tion Plan. First the Commission, as part of its implementation of this reorganization, can and should establish an internal entity to help oversee the performance of the agency as it operates under the Chair- ,

man's direction. This action does not require a Reorganization Plan.

Second, I have consistently favored funding assistance to interrenors in regulatory proceedings. This is particularly important in the case of nuclear safety regulation. I therefore encourage the Commission to include consideration of intervenor funding as part of its review and ggrading of the licensing process, as called for by the Kemeny Com-purpose. This activity cannot be authorized by a Reorganization i Plan.

No added costs This proposed realignment and clarification. of responsibilities would not result in an increase or decreare of expenditums. But placing mana6ement responsibilities in the Chairman would result in peater attentaon to developing and implementing nuclear safety policies and to strict enforcement of the terms of licenses granted by the Commission.

Each of the provisions of this pmposed reorganization would also accomplish one or more of the purposes set forth in 5 U.S.C. 901(a).

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28 j No statutory functions would be abolished by the Plan; rather they would be consolidated or reassigned in order to improve management '

delivery of services, execution of the law, and overall operational efficiency and effectiveness of the Commission.

By Executive Order No.12202, dated March 18,1980 I established a Nuclear Safety Oversight Committee to advise me of p,rogress being made by the Nuclear Regulatory Commission, the nuclear industry.

and othersin im p *I Reorganization k>> roving nuclear lan, together with the other steps that have safety.1 am confident n or that House the bresent are being taken by this Administration and by others will greatly advance the goal of nuclear safety. It would permit the, Commissio' y"

S and the American. people to hold one individual-the Chairman ~n I Nuck accountable for implementation of the Commission's policies through effective management of the Ccmmission staff. Freed of management 88.'

and administrative details, the Commission could then concentrate on missi the purpose for which that collegial body was errated-to deliberate with on the formulation of policy and rules to govern nuclear safety and to decide or oversee disposition of individual cases.

Jzuur Canna.

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II. REoRoANIZAT1oN PLAN NO.1 or 1980 Prepared by the President and submitted to the Senate and the IIouse of Representatives in Congress assembled 3farch 27,1980 pur-suant to the provisions of chapter 9 of title 5 of the United $tates Code.

Nuclear Regulatory Comminica Section 1. a) Those functions of the Nuclear R,egulatory Com-mission, here(mafter referred to as the " Commission", concerned l with:

(1)

(2) policy rulemaking,formulationIfined as d in section 553 of title 5 of the United States Code; i (3) adjudications, as defmed in section 551 (6) and (7) of title 4 5 of the United StatesCode; shall mmain vested in the Commission. The erformance of any por-tion of those functions may be delegated the Commission to a member of the Commission, including the C irman of the Nuclear Regulatory Commission, hereinafter referred to as the " Chairman",

and to the staff through the Chairman. '

- (b(1) With respect to the following officers or successor officers duly established by statute or by the Commission; the Chairman shall initiate the appointment, subject to the approval of the Commission; and the Chairman or a member of the Conunission may initiate an action for removal, subject to the approval of the Conunission: .

( ) Director of Nuclear Reactor Regulation, Director of Nuclear 3faterial Safety and S ,

General Counsel.

(i)S ecretary of the C ' ommission, v)Directorof the Office of Policy Evaluation,

)

(vi) Director of the Ofilce of Inspector and Auditor, (vii) Chairman, Vice. Chairman and 3fembers of the Atomic .

Safety and Licensing Board Panel, (viii) . Chairman, Vice-Chairman and 3fembers of the Atomic Safety and Licensing Appeal Panel. ,

(2) The Chairman shall also initiate the appointment of the 3 fem-bers of the Advisory Committee on Reactor Safeguards which shall take effect upon the approval of the Commission. The provisions for 8- appointment of the Chairman of the Advisory Committee on Reactor Safeguards and the term of the members shall not be affected by the provisionsof this Reorganization Plan.

.j (c) The Commission shall act as provided by subsection 201(a)(1) i of the Energy Reorganization Act of 1974, a's amended (43 U.S.C.-

in the direct performance of functions of the 5341(a)(1))

Commission, soley, descri bed in subsections (a) and (b) of this section, and 4 only when such functions have not been delegated pursuant to sub- ,

l section (a) of thissection.

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30 (d) Each member of the Commission shall continue to appoint remove omce. and supervise the personnel employed in his or her inunediat, by section 1 of this Reorganization Plan, are here the Chairman. The Chairman in the performance of such functions <

shall be the principal executive, officer and shall: '

of(1) exercise all of the executive and administrative functio the Commission, including the appointive powers of the Chairman as provided by this Plan and the supervision of per-sonnel employed under the Commission; min (2) distribute business among such personnel and among ad-istrative units and offices of the Commission sion;)and(3 deterrnine the use and expenditum of funds of the Commis-

, (4)and tion prepare and submit to the Commission for its considera.

approval-(i) proposals for the reorganization of the major ciflices within the Commission; (ii) the budget estimate for the Commission; and (iii cordm)g to major ams ptheandproposed purposes. distribution of appropriated fu The Chairman as princi the general policies of the executive officer shall be governed by ommission and.by such regulatory dec2 sions, findings, and determinations, including those for reorganiza-tion proposals, budget revisions and distribution of appro funds, as the Commission may by law, including be thorized to make.

this au-Pfan,priated I I (b) The Chairman shall be responsible for assuring that the staff ).

under the Chairman's direction is responsive to the requirements '

of the Commission in the performance of'the functions continued in ,,

the Commission by section 1 of this Reorganization Plan.

(c) There is hereby transferred to the Chairman the function of appointing and removing, without any further action by the Com '

mission, all oEcers and employees uncfer the Commission other than '

those whose subsections 1 appointment and removal are anecifically provided for by ' '

such function,(b) and (d) of this Reorganization Plan. In exercising the Chairman shall consult with other members of the Commission as the Chairman deems appropriate.

(d,) The Chairman shall delegate the function of appointing. re-moving, and supervising ine staff of the following offices or successor offices to the respective head of such offices: General Counsel, Secre-tary of the Commission. Office of Polier Evaluation, Office of Inspec-tor and Auditor. The Chairman shalf delecate the function of ap-pointing, removing and supervising the staff of the following panels and committee to the respective Chairman thereof: Atomic Safety and Licensing Board Panel, Atomic Safety and Licensing Appeal Panel and Advisorv Committee on Reactor Safeguards.

Section 3.

Plan, there ar(e hereby transferred to the Chairman ,

all the vested in the Commission pertaining to an emergency at a particular ' .

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f;cility or concerning materials licensed or regulated b sion, meluding the functions of declaring,issuing respondina, orders, y the Commis-l determining specific policies, advising the civil authorities and the '

public, directmg and coordinating actions relative to such emergency incident.

l (b) The Chairman may delegate the authority to perform such '

emergency functions, in whole or in part, to any of the other mem-bers of the Commission, Such authority may also be delegated or redele ted, in whole or in part, to the staff ol the Commission.  ;

(c) n acting under this section, the Chainnan, or other member of I the Commission delegated authorit under subsection ), shall con- i firm to the policy guidelines of t e Commission. To e maximum j extent possible under the emergency conditions, the Chairman or other i member of the Commission delegated authority under subsection (b),

shall inform the Commission of actions taken relative to the emergency.

(d) Following the conclusion of the emergency, the Chairman, or 4 the member of the Commission delegated the emergen functions under subsection ( , shall render a complete and time report to be Commission on t e actions taken during the emerge,ney.

Section 4. (a The Chairman may make such delegations ard pro-vide for such re) porting as the Chairman deems necessary. The head of any component organization within the Commission mar com- .

municate directly to the Commission, or to any member of th'e Com-mission, whenever in the view of such officer, a critical problem of

' public health and safety or common defense and security is not being pr erly addressed. -  ;

) The Executive Director for Operations shall report to the j Chairman and shall be responsible for such functions as the Chairman * )

shall direct. j

- (c) The functions of the Directors of Nuclear Reactor Regulation,  !

. Nuclear Material Safety and Safeguards, and Nuclear Regulatory Research of reporting iiitectly to the Commission is hereby trans-ferred so that such otlicers report to the Chairman, or as directed by the Chairman. The function of receiving such reports is hereby trans- ,

ferred from the Commission to the Chairman.

(d) The heads of the Commission level offices or successor offices. of -

General Counsel, Secretary to the Commission, Office of Poliev Evalu-ation, Office of Inspector and Auditor, the Atomic Safety and Licens- l ing Board Panel and Appeal Panel. and Advisory dommittee on l R; actor Safeguards shall continue to report directly to the Commis-si:n and the Commission shall continue to receive such reports.

Section 5. The provisions of this Reorganization Plan shall take effect October 1,1980, or at such earlier time or times as the President

'shall specify, but no sooner than the earliest time allowable under l section 905 of title 5 of the United States Code.

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u gr. xEssAGE raos Tirt rRESIDENT or THE UNrrED STATES TRANSMrrTING AMENDMENTS To PLAN No.1 of 1980 to the Congress of the United States

I herewith transmit the following a Plan No.1 of 1980, which I sent to the Congress on 31 arch 97,1980.

f The amendments to Reorganization Plan do. I are co Regulatory Commission in order to improve safety i i in all of the agency's activities, while preserving the l advantages of the Co respects. First, the amended Plan gives the Commission a greater ro4 e in selection of key program officers of thei agency by adding four posi-for the tions to the list of appointments initiated by the Cha rman Commission's for Operations, the advice Directorand of consent.

Inspection These are the Executive and Enforcement, the Di- Director{

rector of Nuclear Regulatory Research,and'the Director of Standards

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Development. Each of these positions contributes to nuclear safety regulation, and each performs functions that help determine the policy and performance of the agency.The Advisory Committee on Reactor Safeguards advi h

mission as a whole. Since its members serve renewable 4-ye Chairman, can initiate an appointment to the Advisory Committee on Reactor Safeguards for approval by the Commission.As a means

• sion will not be mstricted, the Plan has l been amended to the Chairman, shall keep the Commission fully and current y informed.

The second general purpose of the amendments is to provide for a

more effective management of the agency by making more explicit the responsibilities of the Chairman and th'c Executive Director for Op- -

erations acting under his direction. As amended, the Plan charges the Chairman with planing for the development of policy for con-sideration and approval by the Commission. In the past, this responsi-bility has not been clearly fixed and has consequently been neglected.

The amended Plan continues to make clear that the ' Executive.Dire tor for Operations reports to the Chairman. An amendment, how-i ever, requires the Chairman to delegate to the Executive Director for Operations the authority to appoint the stati and the day-to-day ad-ministration of the agency. Under this arrangement, th to handle his other leadership tasks.

i In summary, the amendments I am transmitting to Reorganiza-

' tion Plan No.1 of 1980, based on review and hearings conducted by the l

Congress and on continued consultations, will help establish a more (33) h--_ah__-. _

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34 accountable central mangament structure for the Nuclear.Regula.

in the use of nuclearpowertory .- Commission as it pursues its statutory Tur Winrr Horse, Xay 5,1980. Jrxur CArrrR.

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IV. AMENDMENTS To REORGANIZATION PLAN No.1 oF 1980 1

Prepkred by the Pasident and submitted to the Senate and the '

IIouse of Representatives in Congress assembled 31ay 5,1950, pur-suant to the provisions of Chapter 9 of Title 5 of the United States Code.

Reorganization Plan No.1 of 1980, which was transmitted to the Senate and the House of Representatives in Ccngress assembled on 31 arch 27,1980,is henby amended to nad as follows:

Nuclear Regulatory Commission Bection 1. (a) Those functions of the Nuclear Regulatory Commis-sion, hereinafter referred to as the " Commission", concerned with:

(1 policy formulation; (

(2 rulemaking as defmed in section 553 of Title 5 of the Unit d States Cod,e, except that those matters set forth in 553(a)

(2) and (b) which do not pertain to policy formulation orders or e Chairman of the Commis-a, adjudications shall be reserved to th' i

ston; (3) orders and adjudications, as defined in section 551 (6) and (7) of Title 5 of the United States Code;

! shall remain vested in the Commission. The Commission may dete:-

mine by majority vote,in an ana of doubt, whether any matter. action,

, question or area of inquiry pertains to one of these functions. The per-

! formance of any portion of these functions may be delegated by the Commission to a member of the Commission, including the Chairman of the Nuclear Regulatory Commission hereinafter nferred'to as the

" Chairman", and to the staff through the Chairman.

duly) established by statute or by the Commission, the Chairman shall(b (1 i initiate the appointment, subject to the approval of the Commission; and the Chairman or a member of the Commission may initiate an '

action for removal. subject to the approval of the Commission:

(i) Executive Director for Operations, (ii)) General Counsel,(iii Secretary of the Commission, l (iv) Director of the Office of Policy Evaluation, (v))

(vi Director of the O$ce of Inspector and Auditor, Chairman. Vice Chairm bers of the Atomic Safety and Licensing Board Panel, (vii) Chairman. Vice Chairman and 3fembers of the Atomic Safety and Licensing Appeal Panel.

(2) With respect to the, following officers or successor officers duly established by statute or by the Commission, the Chairman, after con-sultation with the Executive Director for Operations, shall initiate the appointment, subject to the approval of the Commission, and the Chairman, or a member of the Commission may initiate an action for

' removal, subject to the approval of the Commission :

(35)

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' ( Dimetor Director of NuclearMaterial of Nuclear Reactor Commission, Safety and Safeguards,

) Director of Nuclear Regulatory Research,

! 1 ) Director of Inspection and Enforcement, (v Director of Standards Development.

(3) Chairman or a member of the Commission shall initiate the 4 i

appomtment of the Members of the Advisory Committee on Reactor 4

forfeguards, appointment subject of thetoC the airman a$ proval of the Commission.

of the Advisory Committee on The provisions .

Reactor Safeguards and the term of the memben shall not be afected by(the p rovisions of this Reorganization Plan. -4) The Commission shal movmg the supervising the stad of the following offices or successor I offices to the respective heads of such offices: General Counsel, Secre- '

tary of the Commission, Office of Policy Evaluation, Office of In-spector and Auditor. The Commission shall delegate the functions of;4 appointing, removing and supervising the stas of the following panels and committee to the res Licensing Board Panel.pective Chairmen Atomic Safety and Licensing thereof:

Appeal Panel Atomic Safety and Advisory Committee on Reactor Safeguards.

(c) Each member of the' Commission shall continue to appoint, re-move and supervise the personnel employed in his or her unmediate office.

d) The Commission shall act as provided by subsection 201(a)(1) of(the Energy Reorganization Act of 1974, as amended (42 U.S.C.

5841(a 1)) m the performance of its functions as described in sub-sections)((a) and (b)ll other functions of the Cominission Section 2. (a) A of thissection.

by Section 1 of this Reorganization Plan. am hyreby transferred to the Chairman. The Chairman shall be the official spokesman for the Com -

mission. and shall appoint. supervise. and remove, without further action by the Commission.the Directors and sta6 of the Office of Pub-lic Asairs and the Office of Congressional Relations. The Chairman i may consult with the Commission as he deems appmpriate in exercis- ,

ing this appointment function. i (b) The Chairman shall also be the principal brecutive officer of - I 'i the Commission. and shall be responsible to the Commission for devel.

oping policy planning and guidance for consideration by the Comniis- .

- sion; shall be responsible to the Commission for assuring that the d Executive Director for Operations and the staf of the Commission i (other than the officen and stas nferred to in sections (1)(b)(4),

(1)(c) and (2)(an of this reorganization Plan) are responsive to the -

requirements of the Commission in the performance of its functions; p shall determine the use and expenditure of funds of the Commission, i

! ' in acconiance with the distribution of appropriated funds according

- to major programs and purposes approved by the Commission; shall present to the Commission for its consideration the proposals and esti-  ;

mates set forth in subsection (3) of this paragraph: and shall be re-  !

I J sponsible for the following functions, which he shall delesrate, subiect to his direction and supervision. to the Executive Director for Opera- I tions tmless otherwise provided by this Reorganization Plan :

(1) administrative functions of the Commission; . I i i

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distribution of business among such personnel and among ad(m) m istartive units andosces of the Conumssion; (3) parationofproposals for the reorganization of the major o5ces j nthcComnuss2on; (ii) the budget estimate for the Commission; and cordmg to major programs and purposes.the proposed distribtui (4)(iii) appointing and. removing without ifically any further action by on '

the Commission, all officers and employees under the Commissi other than those whose appointment and removal are spec provided for by subsections 1(b), (c) and 2(a) of this Reorganiza- ,

tion Plan.

(c) The Chairmsn as principal executive officer and the Executive l Director for Operations shall i be governed findings, and deter- by the general policies 1

the Commission and Lv such regulatory decis bd ons,t eri- ,

minations, including those for reorgariization Commission proposals, may d

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sions and distribution of appropriated l funds, as theby law 4

tlie Executive Director for Operations, through the be responsible for insuring that the Commission is fully and current y l informed about matters within its functions.Section ll the func-ning

8. (a) Notwiths tion Plan, there are hereby transferred to the Chainnan a tions vested in the Commission pertaining htoCommis- anders, emergency concer a particular facilitv or materials licensed or

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i regulated by t e l sion. including the functions of declaring, responding,issu ng or /

determining specific policies, advising the civil authorities and the '

put,dic, directing, and coonlinating actions relative to such emerge 7

f meident.

(b) The Chairman mar delegate the h/ authority bers to perform such emergency functions.in whole or in part tod any or redele- of the ot e mem of the Commission. Such authority may also be delegate gated,in whole or in part, to the staiT of the Commission.

(c) In acting under this section. the Chairman, ll con- or other member o the Commission delegated authority under subsection (b), sha i form to the policy guidelines of the' Commission. ther To the maximum ex-(b),Chairman or o tent possible under the emereency conditions. b ti the

' shallinform member ofthe theCommission Commissionofdelegated authority under to thesu sec on actions taken relative emergency.

(d) Following the conclusion of the emereency, the Chairman. or I

ji under the member of the Commission delegated t the the emergency fun  ;

subsection (b), shall render a comnlete and timely report o j Commissiononthe actionstakenduringthe, emergency, bjectto ions and pro-Section 4. (a) The Chainnan may make such delegat vide for such reporting asdirectiv theto Chairman the Com-f deems neces

, plovee under the Commission mar communicatemission. or to i

j ,; such officer or employee a critical problem of dpublic i or common defense and security is not beine properly terstotheOhairman.

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c) The function of the Directors of Nuclear Reactor Regulation I Nu(clear Material Safety and Safeguards, and Nuclear Regulatory Re., e

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searth of reporting directly to the Commission is hereby transferred i eo that such otlicers report to the Executive Director for Operations. '

The function of receivmg such reports is hereby transferred from the Commission to the Executive Director for O (d) The heads of the Commission es orlevel ofbrations.

successor offices, of I General Counsel, Secretary to the Commission, Office of Policy Eval. '

untion, Office of. Inspector and Auditor,the Atomic Safety and Iicens.

ing Board Panel and Appeal Panel, and Advisory Committee on Re. i actor Safeguards shall continue to report directly to the Commission '

and the Commision shall continue to receive such reports, i Section J. The provisions of this Reorganization Plan shall take ef.

feet October 1.1980, or at such earlier time or times as the President {

shall specif v. but no sooner than the earliest time allowable under Sec.

4 tien 900 of Title 5 of the United States Code. E l

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