ports thereon; advises the Commission with regard to the hazards of proposed or existing nuclear facilities and the adequacy of proposed reactor safety standards; and reviews matters specifically referred to it by the Commission, including generic issues and proposed amendments or changes to facility construction permits or operating licenses. Similarly, upon request from the Department of Energy (DOE) the Committee performs reviews, provides reports, and advises DOE with regard to the hazards of DOE nuclear activities and facilties. The Committee on its own initiative may conduct reviews of specific generic matters or nuclear facility safety-related items.

[43 FR 30270, July 14, 1978]

§1.30 Office of Inspector and Auditor.

The Office of Inspector and Auditor: (a) Develops policies and standards governing NRC's financial and management audit program; (b) plans and directs NRC's long-range comprehensive audit program; (c) conducts NRC's day-to-day internal audit activity; (d) conducts investigations and inspections to ascertain and verify the facts with regard to the integrity of all NRC operations; (e) investigates possible irregularities or alleged misconduct of NRC employees, equal employment opportunity and civil rights com

plaints, and claims for personal property loss or damage; (f) refers suspected or alleged criminal violations to the ! Department of Justice, after appropriately informing or consulting with the Office of General Counsel; except that in referrals requiring prompt field response (such as sabotage, terrorism, or theft of special nuclear materials), the Office of Inspection and Enforcement shall make direct referral to the Federal Bureau of Investigation and thereafter coordinate with the Office of Inspector and Auditor; (g) under the Commission's "open door" policy. hears individual employee concerns regarding NRC operations and activities. and, as appropriate, investigates such concerns; (h) maintains liaison with the General Accounting Office and other audit organizations; (i) maintains liaison with the Department of Justice and other law enforcement agencies in criminal and other investigative matters; and (j) provides reports and recommendations to the Commission on the results of its audits, investigations, and inspections.

§1.31 Office of Policy Evaluation.

The Office of Policy Evaluation: (a) Provides for the Commission an independent evaluation of program policy objectives; (b) reviews staff issue papers and policy recommendations to determine if they are complete, balanced, and consistent with Commission guidance: (c) provides independent technical evaluation of selected cases presented to the Commission for adjudication; (d) conducts analyses and studies as requested by the Commission or on a self-initiated basis; (e) contributes technical and policy advice and guidance, as needed, for studies and projects being conducted and managed by other NRC offices or outside agencies.

§1.32 Office of the General Counsel.

The Office of the General Counsel: (a) Provides legal advice and assistance to the Commission and Commission offices with respect to all activities of the NRC; (b) reviews Atomic Safety and Licensing Appeal Board decisions and rulings, decisions reached by staff offices under 10 CFR 2.206,

petitions received from members of the public seeking direct Commission action, and rulemaking proceedings involving hearings; and prepares decisions, orders, and rulings for the Commission on these matters; (c) represents, and protects the interests of, the NRC in court proceedings, and in dealings with other government agencies, committees of Congress, foreign governments, and members of the public; (d) coordinates and prepares legislative materials in connection with legislation initiated by the NRC and legislation submitted to it for comment; (e) provides advice with respect to questions raised under the conflict of interest laws, Freedom of Information Act, Federal Advisory Committee Act, and Government in the Sunshine Act; (f) provides official written interpretations of the Commission's rules; and (g) performs other functions assigned by the Commission.

§ 1.33 Office of the Secretary.

The Office of the Secretary: (a) Develops policies and procedures, and provides secretariat services for the conduct of Commission business and implementation of Commission decisions, including scheduling of Commission business and recording of meetings; (b) issues decisions, orders, and rulings of the Commission, and maintains the official docket of the Commission; and (c) directs and administers the NRC Public Document Room.

§ 1.34 Office of Public Affairs.

The Office of Public Affairs: (a) Develops policies and administers programs at NRC headquarters and Regional Offices to inform the public and the news media about NRC policies, programs, and activities; (b) and keeps NRC management informed on media coverage of activities of interest to the agency.

§ 1.35 Office of Congressional Affairs.

The Office of Congressional Affairs: (a) Provides advice and assistance to the Commission and NRC staff on all NRC relations with the Congress, and informs them concerning the views of Congress toward NRC policies, plans, and activities; (b) maintains liaison with congressional committees and

members of Congress on matters of interest to NRC, and keeps Congress informed on NRC plans, policies, and activities; (c) serves as the contact point for all NRC communications with Congress, reviewing and concurring in all outgoing correspondence to members of Congress and congressional committees; and (d) monitors legislative matters of interest to NRC, and participates in planning and developing NRC's legislative programs.

EXECUTIVE DIRECTOR

§ 1.40 Office of the Executive Director for Operations.

The Executive Director for Operations (EDO) is appointed by the Commission, pursuant to the Energy Reorganization Act of 1974, as amended, and performs such functions as the Commission may direct, including the following:

(a) Provides the Commission with assistance on policy, management, and operational matters. Submits to the Commission for approval such appointments as the Commission shall designate, including Directors of certain divisions and offices. Submits for approval significant changes in the organization.

(b) Supervises and coordinates policy development and operational activities of the following line offices: The Office of Nuclear Reactor Regulation, the Office of Nuclear Material Safety and Safeguards, the Office of Nuclear Regulatory Research, the Office of Inspection and Enforcement, and the Office of Standards Development; and the following staff offices: the Office of Administration, the Office of International Programs, the Office of State Programs, the Office of the Controller, the Office of the Executive Legal Director, the Office of Planning and Analysis, the Office of Management Information and Program Control, the Office of Equal Employment Opportunity, and such other organizational units as shall be assigned by the Commission. The EDO is also responsible for implementation of the Commission's policy directives pertaining to these offices.

(c) Recommends to the Commission proposed regulations to protect public

health and safety and the environment from effects associated with nuclear facilities and materials subject to licensing; to provide for security of licensed nuclear facilities and safeguarding of licensed radioactive materials; and to assure that activities under facility licenses would not be inconsistent with antitrust laws, as specified in section 105a of the Atomic Energy Act of 1954, as amended.

(d) Issues proposed amendments to regulations and amendments in final form, where the amendments are corrective or of a minor or nonpolicy nature and do not substantially modify existing regulations; and issues amendments of regulations in final form, if no significant adverse comments or questions have been received on the notice of proposed rulemaking and no substantial changes in text are indicated.

(e) Makes determinations, pursuant to 10 CFR Parts 30, 40, 50, and 70, that exemptions of individual prime contractors or subcontractors of the Department of Energy or the NRC from NRC licensing requirements are authorized by law.

(f) Makes for the Commission, after consultation with the Attorney General, the determinations provided for in section 105c(8) of the Atomic Energy Act of 1954, as amended, in regard to applications for facility construction permits or operating licenses.

(g) Negotiates and signs agreements, arrangements, and contracts with representatives of foreign countries and international organizations.

(h) Designates which facilities, installations, and real property shall be subject to the prohibitions of 10 CFR Part 160, Trespassing on Commission Property."

(i) Administers the contracting activities of the Commission.

(j) Administers the Commission's equal employment opportunity program.

(k) Develops and maintains the NRC financial management program.

(1) Acts for the Head of the Agency in making determinations required in administering the NRC labor relations program.

(m) Exercises final determination on appeals under the Privacy Act of 1974.

and issues minor revisions of systems of records notices.

(n) Exercises final determination on appeals under the Freedom of Information Act except for those pertaining to the Office of the Executive Legal Director or to advisory committees. boards, panels, and offices reporting to the Commission.

(0) Denies, pursuant to Part 2 of this chapter, any petition for rulemaking of a minor or nonpolicy nature where the grounds for denial do not substantially modify existing precedent. The EDO is also responsible for notifying the petitioner with a brief statement of the grounds for denial.

(p) Proposes, in response to a petition for rulemaking, an exemption from licensing requirements for any product containing byproduct, source. or special nuclear material when existing policy provides background or precedent. The EDO is also responsible, in issuing in final form an exemption from licensing requirements for any product containing byproduct, source, or special nuclear material, for making the finding authorized under sections 57d or 81 of the act with respect to exemption of special nuclear or byproduct material, or section 62 of the act with respect to unimportant quantities of source material.

[42 FR 36797, July 18, 1977, as amended at 43 FR 28810, July 3, 1978]

STAFF OFFICES

§ 1.41 Office of Administration.

The Office of the Administration develops and directs policies and programs for personnel administration, organization and management analysis, security and security classification; building management and administrative services, document control, automatic data processing, rules and records, contracting and procurement. and facilities and material license fees.

(a) The Division of Organization and Personnel administers and directs policies, standards, and programs for organization and personnel management activities, including recruitment, training, executive development, staffing services and information, organization and management analysis, labor-man

agement relations, and employee services.

(b) The Division of Security develops, administers, and directs the overall NRC security program; assures the safeguarding of Restricted Data, other National Security Information, and NRC sensitive unclassified matter including NRC telecommunications of significant intelligence value; assures the physical protection of NRC Headquarters buildings, Regional Offices and contractor facilities; and provides advice and assistance on security matters.

(c) The Division of Facilities and Operations Support is responsible for the planning and direction of support programs for facilities and administrative services, including building operations, property, supply, telecommunications, travel, mail, and messenger services.

(d) The Division of Document Control is responsible for planning and directing the production (exclusive of writing and editing) and control of NRC documents. Its responsibilities include: Typing services; publication and graphics; NRC management directives; and document evaluation, dissemination, storage, and retrieval.

(e) The Division of Automatic Data Processing Support plans, coordinates, and directs development and utilization of NRC computer services and computer facilities for the storage, retrieval, analysis, and dissemination of information; advises and assists in the development and conversion of scientific and analytical programming and the interpretation of automatic data processing procedures; evaluates expected benefits and costs of computer applications; and provides systems development, programing and operation services for NRC offices.

(f) The Division of Rules and Records is responsible for: NRC implementation of the Freedom of Information Act, Privacy Act, and Federal Reports Act; directing and coordinating NRC local public document room activities; publishing "NRC Rules and Regulations" and "Nuclear Regulatory Commission Issuances"; and reviewing and preparing notices and amendments to NRC regulations, including the processing of petitions for rulemaking.

(g) The Division of Contracts develops and implements agency-wide contracting policies and procedures; directs and coordinates contracting and purchasing activities for NRC, including contractor selection, and negotiations, administration, and closeout of contracts; and provides advice and assistance to NRC program officials concerning procurement regulations and requirements.

(h) The License Fee Management Branch is responsible for collecting fees from licensees and applicants for licenses, as required by 10 CFR Part 170, which sets fees for licensing nuclear production and utilization facilities and nuclear materials. Responsibilities include: reviewing license applications to ensure appropriate fee payment, issuing Orders to Show Cause and Orders of Revocation where licensees violate Commission regulations by nonpayment of license fees, recommending license fee policy changes, and preparing amendments to license fee regulations for Commission approval.

§ 1.42 Office of the Executive Legal Director.

The Office of the Executive Legal Director provides legal advice and services to the Executive Director for Operations and offices reporting to that official, including interpretation of laws, regulations, and other sources of authority, advising on the legal form and content of proposed official actions and representing such offices in NRC administrative proceedings; prepares or concurs in contractual documents, interagency agreements, delegations of authority, regulations, orders, licenses, and other legal documents, and prepares legal interpretations thereof; reviews and directs patent law activities; and, except for those matters delegated to the General Counsel, represents the NRC in legal matters with other government agencies, foreign governments, or the public, and in proceedings before administrative bodies outside the NRC.

(a) The Regulations Division prepares, reviews, and advises on NRC regulations and amendments thereto for NRC staff, personnel of other Fed

eral and State agencies, licensees, and others; initiates and drafts administrative procedures for licensing and regulation of the uses of nuclear energy; and provides legal advice on NRC nuclear materials licensing, safeguards, and export licensing matters.

(b) The Operations and Administration Division provides legal advice and assistance in areas of interagency and international agreements, research and technical assistance contracts, patents, proprietary information and other intellectual property, financial and budget matters, security, personnel, and equal employment opportunity, and the administration of the Freedom of Information Act and the Privacy Act.

(c) The Hearing Division acts as counsel for the NRC staff in public administrative proceedings before the Commission, Atomic Safety and Licensing Appeal Boards, Atomic Safety and Licensing Boards, and administrative law judges, in matters relating to licensing of nuclear facilities and materials; and provides legal advice to NRC staff concerning licensing and regulation of nuclear facilities.

(d) The Rulemaking and Enforcement Division acts as counsel for the NRC staff in public administrative proceedings before the Commission, Atomic Safety and Licensing Appeal Boards, Atomic Safety and Licensing Boards, special boards appointed by the Commission, and administrative law judges, in matters involving proposed NRC regulations and the enforcement of NRC license conditions and regulations; and advises the NRC staff regarding enforcement matters involving the amendment, suspension, or termination of licenses, and the imposition of civil penalties.

(e) The Antitrust Division acts as counsel for the NRC staff in public administrative proceedings before the Commission, Atomic Safety and Licensing Appeal Boards, Atomic Safety and Licensing Boards, and administrative law judges, in matters relating to antitrust aspects of applications for nuclear facility licenses; and provides legal advice regarding NRC antitrust responsibilities.

§1.13 Office of the Controller.

The Office of the Controller develops and maintains NRC's financial management program. Responsibilities include: Policies, procedures, and standards of accounting, budgeting. pricing, contract finance, automatic data processing equipment acquisition, accounting for capitalized property. and related reporting necessary for NRC direct and contract operations; administration of financial functions for NRC long-range fiscal planning: and liaison on fiscal matters with the General Accounting Office and the Office of Management and Budget and other government agencies, congressional committees (in coordination with the Office of Congressional Affairs), and industry.

(a) The Resources Planning and Evaluation Staff designs systems and develops criteria for NRC program planning and evaluation; evaluates relationships between resource allocation and program performance; and develops overall plans and procedures for measuring and enhancing productivity.

(b) The Division of Accounting develops, maintains, and applies overall policies, principles, standards, and procedures for financial and cost accounting and reporting, automatic data processing equipment acquisition, pricing, and financial arrangements under NRC contracts; is responsible for payroll and travel accounting and other fiscal services; and provides advice and assistance to the Commission, the Executive Director for Operations, and NRC offices on these matters.

(c) The Division of Budget coordinates the preparation of the NRC budget, directs funds controls issues, issues allotments and financial plans; monitors performance under approved budgets and administers NRC authorization and appropriation funding legislation; and maintains liaison with the Office of Management and Budget and (in coordination with the Office of Congressional Affairs) with congressional committees.