§ 1.1

Subpart A-Introduction

Creation and authority.

The Atomic Energy Commission was established by the Atomic Energy Act of 1946 (60 Stat. 755; 42 U.S.C. 1801 et seq.) approved August 1, 1946, as amended by the Atomic Energy Act of 1954 (68 Stat. 919; 42 U.S.C. 2011 et seq.), approved August 30, 1954. Pursuant to section 9(a) of the 1946 Act, certain interests, property and facilities of the Manhattan Engineer District were transferred to the Commission December 31, 1946, by Executive Order 9816 (3 CFR, 1943-1948 Comp., p. 595) of the same date.

[26 F.R. 12730, Dec. 29, 1961]

It is the purpose of the Atomic Energy Commission under the Atomic Energy Act of 1954, as amended (hereafter Act), to effectuate the declared policy of the United States that:

(a) The development, use, and control of atomic energy shall be directed so as to make the maximum contribution to the general welfare, subject at all times to the paramount objective of making the maximum contribution to the common defense and security.

(b) The development, use and control of atomic energy shall be directed so as to promote world peace, improve the general welfare, increase the standard of living and strengthen free competition in private enterprise.

[26 F.R. 12730, Dec. 29, 1961]

(b) A program for the dissemination of unclassified scientific and technical information and for the control, dissemination, and declassification of Restricted Data, subject to appropriate safeguards, so as to encourage scientific and industrial progress.

(c) A program for Government control of the possession, use, and production of atomic energy and special nuclear material so directed as to make maximum contribution to the common defense and security and the national welfare.

(d) A program to encourage widespread participation in the development and utilization of atomic energy for peaceful purposes to the maximum extent consistent with the common defense and security and with the health and safety of the public.

(e) A program of international cooperation to promote the common defense and security and to make available to cooperating nations the benefits of peaceful applications of atomic energy as widely as expanding technology and considerations of the common defense and security will permit.

(f) A program of administration which will be consistent with the foregoing policies and programs, with international arrangements and with agreements for cooperation, which will enable the Congress to be currently informed so as to take further legislative action as may be appropriate.

[26 F.R. 12731, Dec. 29, 1961]

§ 1.4

Organization pattern.

(a) The Act establishes in the Headquarters a Commission, a General Manager, a Deputy General Manager, Assistant General Managers, an Office of the General Counsel, an Inspection Division, a Division of Military Application, and such other program divisions (not to exceed ten in number) as the Commission may determine to be necessary to the discharge of its responsibilities, including a division or divisions, the principal responsibilities of which include the development and application of civilian uses of atomic energy. addition the Commission has established the Office of Director of Regulation.

In

(b) The Atomic Energy Commission is composed of five members, each of whom must be a citizen of the United States. The Director of Regulation and the General Manager report to the Commission.

(c) The Director of Regulation is authorized and directed to discharge the licensing and other regulatory functions of the Commission, except where final decision rests with a Hearing Examiner or the Commission after hearing and except also the issuance of regulations. The Director of Regulation is responsible for recommending to the Commission policies and objectives in the functional areas of the agency under his authority. The Director of Regulation discharges the functions assigned to him through such officials, employees and agents of the Commission under his authority as he may designate and exercises the necessary statutory authorities of the Commission in the discharge of his functions.

(d) Subject to the provisions of 161 n. of the Atomic Energy Act of 1954, as amended, and subject to policy and program approval of the Commission, the General Manager is authorized and directed to discharge the administrative and executive (but not the licensing and other regulatory) functions of the Commission, including the designation of facilities, installations and real property subject to the jurisdiction or administration, or in the custody of the Atomic Energy Commission, which shall be subject to the prohibitions of Part 160 of this chapter. The Deputy General Manager acts in the stead of the General Manager and in his absence when so directed by the General Manager, and performs such other administrative and executive functions as the General Manager directs. The Assistant General Manager performs such administrative and executive functions as the General Manager directs. The other Assistant General Managers are each delegated responsibility for a major functional area composed of a number of separate but related programs.

(e) Headquarters divisions or offices have, or are, assigned staff, administrative services or program responsibility.

(f) The AEC field organization consists of (1) Operations Offices, (2) Offices, (3) Area Offices, (4) Branch Offices, and (5) Compliance Regions and Areas.

(g) Operations Offices are the field installations to which authority is delegated to conduct and administer a variety of substantive program activities at assigned geographic locations.

(h) Offices are field installations established primarily to administer specific program activity under the

a

supervision of a Headquarters division or office.

(i) Area Offices are geographic subdivisions of the field offices described in paragraphs (g) and (h) of this section. Branch Offices are geographic subdivisions of Area Offices.

(Sec. 229, 70 Stat. 1070; 42 U.S.C. 2278a) [26 F.R. 12731, Dec. 29, 1961, as amended at 28 F.R. 8399, Aug. 16, 1963]

§ 1.5 Delegation and redelegation of authority.

(a) The head of each of the organizational units listed in sections of this Part has been authorized and directed by the Commission, General Manager, or the Director of Regulation, with respect to licensing and regulatory functions, to take such action as is necessary to carry out the responsibilities assigned to each unit. Except as expressly prohibited or limited by the provisions of the appropriate delegation, the head of each organizational unit is authorized to redelegate to personnel under his jurisdiction any of the authority vested in him.

(b) Where reference hereto is hereafter made in this part, the Headquarters official concerned is authorized and directed by the General Manager to:

(1) Make purchases; enter into, extend, modify and terminate contracts; grants where applicable; and agreements with other governmental agencies; provided that the following actions shall be submitted for approval of the General Manager, his authorized representative, or higher authority as required:

(i) Any individual action involving estimated costs in excess of $5,000,000; (ii) Any prime contract with a foreign party involving more than $300,000;

(iii) Selection of a cost-type contractor to operate a Government-owned facility; and

(iv) Any new or unusual type of transaction, which, in the judgment of the Headquarters official concerned may be of interest to the General Manager or the Commission;

(2) Represent the AEC in all matters relating to contracts made under his authority or assigned to him. This authority may only be exercised within the limitations set forth below for each authorized official.

(c) Where reference hereto is hereafter made in this part, the Managers of field offices concerned are authorized

and directed by the General Manager, with further authority to redelegate, to:

(1) Make purchases; enter into, extend, modify, and terminate contracts; enter into, extend, modify, and terminate agreements with other governmental agencies, approve subcontracts and extensions or modifications of subcontracts, and approve purchases by contractors and subcontractors, but any such action involving in excess of $5,000,000 (or any lesser amount hereinafter provided in this part) is subject to the authorization or approval of the appropriate Headquarters official including preliminary contractual agreements when it is believed that the ensuing definitive contract or subcontract may exceed such amount, and any contract or subcontract which by the exercise of any option or options contained therein would exceed such amount.

(2) Act as the representative of the AEC in all matters relating to contracts made under his authority or assigned to him.

(d) Where reference to this paragraph is made in this part the Headquarters and field office officials concerned are authorized pursuant to and under the direction of the General Manager, without power of redelegation, and subject to the limitations of the Federal Tort Claims Act, to consider, ascertain, adjust, determine and settle any claim against the United States for money only where the total amount of the claim does not exceed $2,500 on account of damage to or loss of property or on account of personal injury or death, by the negligent or wrongful act or omission of any employee of the Atomic Energy Commission, while acting within the scope of his office or employment, under circumstances where the United States, if a private person, would be liable to the claimant for such damage, loss, injury or death, in accordance with the law of the place where the act or omission occurred.

[26 F.R. 12731, Dec. 29, 1961, as amended at 28 F.R. 6909, July 6, 1963; 31 F.R. 8866, June 25, 1966]

dition, and as a part of the Headquarters, office facilities of the regulatory staff are maintained at 4915 St. Elmo Avenue, Bethesda, Md. The mail address of Headquarters is Washington, D.C., 20545.

(b) The major operating field offices are located as follows (see Subpart C of this part):

(1) Albuquerque Operations Office, Post Office Box 5400, Albuquerque, N. Mex., 87115.

(2) Brookhaven Office, Upton, N.Y., 11973.

(3) Chicago Operations Office, 9800 South Cass Avenue, Argonne, Ill., 60439. (4) Grand Junction Office, Post Office Box 2567, Grand Junction, Colo., 81501.

(5) Idaho Operations Office, Post Office Box 2108, Idaho Falls, Idaho, 83401.

(6) Nevada Operations Office, Post Office Box 1676, Las Vegas, Nev., 89101.

(7) New York Operations Office, 376 Hudson Street, New York, N.Y., 10014.

(8) Oak Ridge Operations Office, Post Office Box E, Oak Ridge, Tenn., 37830.

(9) Pittsburgh Naval Reactors Office, Post Office Box 109, West Mifflin, Pa., 15122.

(10) Richland Operations Office, Post Office Box 550, Richland, Wash., 99352.

(11) San Francisco Operations Office, 2111 Bancroft Way, Berkeley, Calif., 94704.

(12) Savannah River Operations Office, Post Office Box A, Aiken, S.C., 29801.

(13) Schenectady Naval Reactors Office, Post Office Box 1069, Schenectady, N.Y., 12301.

(c) The Compliance Regional Offices are located as follows (see § 1.101):

(1) Region I, Division of Compliance, USAEC, 376 Hudson Street, New York, N.Y., 10014.

(2) Region II, Division of Compliance, USAEC, 50 Seventh Street NE., Atlanta, Ga., 30323.

(3) Region III, Division of Compliance, USAEC, Suite 410, Oakbrook Professional Building, Oakbrook, Ill., 60521.

(4) Region IV, Division of Compliance, USAEC, 10395 West Colfax, Denver, Colo., 80215.

(5) Region V, Division of Compliance, USAEC, 2111 Bancroft Way, Berkeley, Calif., 94704.

(Sec. 3, 60 Stat. 238; 5 U.S.C. 1002) [31 F.R. 8999, June 30, 1966]

Subpart B-Commission
Headquarters

THE COMMISSION

§ 1.10 The Commission.

(a) The five Commissioners are appointed each for a term of five years (except where the appointment is to fill an unexpired term) by the President with the advice and consent of the Senate. The President designates one member of the Commission as Chairman thereof to serve as such during the pleasure of the President. The Chairman may from time to time designate any other member of the Commission as Acting Chairman to act in the place and stead of the Chairman during his absence.

(b) The Chairman (or the Acting Chairman in the absence of the Chairman) presides at all meetings of the Commission, and a quorum for the transaction of business consists of at least three members present. Each member of the Commission, including the Chairman, has equal responsibility and authority in all decisions and actions of the Commission, has full access to all information relating to the performance of his duties or responsibilities, and has one vote. Action of the Commission is determined by a majority vote of the members present.

(c) The Chairman (or Acting Chairman in the absence of the Chairman) is the official spokesman of the Commission in its relations with the Congress, Government agencies, persons, or the public and, on behalf of the Commission, sees to the faithful execution of the policies and decisions of the Commission, and reports thereon to the Commission from time to time or as the Commission may direct.

(d) The Commission appoints the General Manager, the Director of Regulation, the General Counsel, the Director of the Division of Inspection, the Director of the Division of Military Application, the directors of other program divisions established under section 25(a) of the Act, 42 U.S.C. 2035(a); the hearing examiners, the Board of Contract Appeals, and the Chairman and Vice Chairman and members of the Atomic Safety and Licensing Board Panel. Appointments of the Deputy General Manager, Assistant General Managers, Directors of Headquarters Offices and Divisions and Deputies thereof, all Field Office Managers and significant changes

in the organization of the Commission, are submitted to the Commission for approval.

(e) Among other statutory responsibilities and consistent with the specific delegations contained in this Part, the Commission exercises the final authority of the agency with respect to reasonable assurance of public health and safety under the Atomic Energy Act of 1954, as amended, including directives issued by the President pursuant to section 91 of the Act.

[26 F.R. 12732, Dec. 29, 1961, as amended at 31 F.R. 8866, June 25, 1966; 31 F.R. 16310, Dec. 21, 1966]

OFFICES REPORTING TO THE COMMISSION § 1.15 Office of Hearing Examiners.

(a) The Office of Hearing Examiners consists of the Chief Hearing Examiner and other hearing examiners appointed by and for, and responsible to, the Commission, pursuant to section 11 of the Administrative Procedure Act of 1946, 5 U.S.C. 1010, for (1) the conduct of hearings, and the issuance of orders and decisions with respect thereto, in licensing cases, and in patent licensing matters under section 153 of the Act, 42 U.S.C. 2183; (2) proceedings under the Civil Rights Act of 1964, Title VI "Nondiscrimination of Federally Assisted Programs" (P.L. 88-352, 42 U.S.C. 2000 (d)); (3) service as chairman of atomic safety and licensing boards as authorized under 10 CFR 1 and 2; and (4) the performance of such other administrative and professional duties as may be assigned by the Commission not inconsistent with the duties and responsibilities of a hearing examiner under the Administrative Procedure Act of 1946.

(b) In addition to his duties as a Hearing Examiner, the Chief Hearing Examiner is responsible to the Commission for (1) coordinating and supervising the activities of the Office of Hearing Examiners; (2) preparing and maintaining hearing calendars of all assigned cases, fixing or approving the time and place for the commencement of hearing cases, assigning Hearing Examiners to conduct hearings in conformity with the Administrative Procedure Act of 1946, and coordinating and approving arrangements for facilities, services, and travel incident to the conduct of hearings; (3) developing, receiving, correlating, and presenting to the Commission, as appropriate, recommendations of the Hearing Examiners on matters relating to

changes in rules and regulations governing hearing procedures; and (4) preparing reports, statistical data, and other information requested or required by the U.S. Civil Service Commission or other U.S. agencies concerned with the proper operation of the Office of Hearing Examiners.

(c) The Chief Hearing Examiner and Hearing Examiners have authority in proceedings at which each presides (1) to administer oaths and affirmations; (2) to issue subpoenas authorized by law; (3) to rule upon offers of proof and receive evidence; (4) to take or cause depositions to be taken; (5) to regulate the course of the hearings; (6) to dispose of procedural requests of similar matters; (7) to examine witnesses; (8) to consider facts in the record and arguments and contentions made, or questions involved; (9) to set the dates for the submission of transcript corrections, proposed findings and conclusions, and briefs and memoranda upon matters presented; (10) within his discretion or upon direction of the Commissions, to certify questions thereto for consideration and disposition; (11) to render decisions, consisting of findings and conclusions as well as the reasons and basis therefor, upon all material and significant issues of fact, law, or discretion presented on the record, such decisions to become final unless ordered to be reviewed by the Commission on its own motion or upon petition for review filed by a party; (12) to certify and file with the Commission a copy of the record of the hearings and a statement of the appropriate rule, order, sanction, relief, or denial thereof; and (13) to take any other action consistent with the rules of the Commission, the Administrative Procedure Act of 1946, and the Atomic Energy Act of 1954, as amended.

(d) The authority of the Chief Hearing Examiner or Hearing Examiners may not be redelegated unless such redelegation is specifically authorized by the Commission.

[26 F.R. 12732, Dec. 29, 1961, as amended at 31 F.R. 8867, June 25, 1966]

§ 1.15a Chairman and Vice Chairman of Atomic Safety and Licensing Board Panel.

(a) The Chairman of the Atomic Safety and Licensing Board Panel, described in § 1.240 (e), is appointed by and is responsible to the Commission. He is responsible to the Commission for (1)