(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, 970 Broad Street, Newark, N.J. 07102. (2) Region II, Division of Compliance, USAEC, Suite 818, 230 Peachtree Street NW., Atlanta, Ga. 30303. (3) Region III, Division of Compliance, USAEC, 799 Roosevelt Road, Glen Ellyn, Ill. 60137. (4) Region IV, Division of Compliance, USAEC, 10395 West Colfax Avenue, Denver, Colo. 80215. (5) Region V, Division of Compliance, USAEC, 2111 Bancroft Way, Berkeley, Calif. 94704. (80 Stat. 383; 5 U.S.C. 552) [31 F.R. 8999, June 30, 1966, as amended at 33 F.R. 5212, Mar. 30, 1968] § 1.7 Description of organization, functions, procedure, and substantive rules. (a) A description of the central and field organization of the Atomic Energy Commission and the established places at which, the employees from whom, and the methods whereby, the public may secure information, make submittals or requests, or obtain decisions, may be found in this part and in other parts of this chapter as supplemented by the Atomic Energy Commission Manual. The Atomic Energy Commission Manual is the principal means by which the Commission publishes policy, assigns responsibility, delegates authority, establishes procedures and standards, and provides guidance to its staff, including material not required by law to be published in the FEDERAL REGISTER. The provisions of the Manual are supplemented by local directives issued by Headquarters, operations offices, and area offices of the Atomic Energy Commission. These directives include instructions and guidance dealing with local matters and are available for inspection at the respective issuing offices. Copies of the Atomic Energy Commission Manual are available for public inspection at the Commission's Public Document Room, 1717 H Street NW., Washington, D.C., and each of the field offices listed in § 1.6(b). Where no other employee or organizational unit is otherwise designated, information may be obtained from the Division of Public Information at Headquarters or from the Public Information Officer at a field office. (b) Statements of the general course and method by which the functions of the Atomic Energy Commission are channeled and determined, including the nature and requirements of all formal and informal procedures available, may also be found in the Atomic Energy Commission Manual and in this chapter. (c) Rules of procedure, descriptions of forms available or the places at which forms may be obtained, and instructions as to the scope and content of all papers, reports, or examinations may be found in the Atomic Energy Commission Manual and in this chapter. (d) Substantive rules of general applicability adopted as authorized by law, and statements of general policy or interpretations of general applicability formulated and adopted by the agency, may be found in this chapter and in the notices collated under the heading "Miscellaneous Notices" and published with this chapter in the official document entitled "U.S. Atomic Energy Commission Rules and Regulations," obtainable from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. Procurement by the Atomic Energy Commission is conducted pursuant to the Atomic Energy Commission Procurement Regulations published in Title 41, Chapter 9, Code of Federal Regulations, as supplemented by pertinent provisions of the Atomic Energy Commission Manual. (e) Amendment, revision, or repeal of material described in paragraphs (a) through (e) of this section is made available to the public by amendment of this chapter or of the other sources mentioned in this section, as appropriate. [32 F.R. 9214, June 29, 1967, as amended at 33 F.R. 5212, Mar. 30, 1968] Subpart B-Commission 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, an Assistant General Manager for 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, other 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. (Sec. 1, 81 Stat. 54; 5 U.S.C. 552) [26 F.R. 12732, Dec. 29, 1961, as amended at 33 F.R. 2691, Feb. 8, 1968] 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 99-126-69- -3 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) coordinating and supervising the activities of atomic safety and licensing boards; (2) assigning members of the panel to the boards; (3) recommending new members of the panel to the Commission; (4) preparing and maintaining hearing calendars of all cases assigned to the boards; (5) fixing or approving the time and place for the commencement of hearings and prehearing conferences in cases assigned to the boards; (6) reporting to the Commission on activities of the boards; (7) presenting to the Commission recommendations relating to the conduct of hearings, hearing procedures, and policies for the guidance of the boards; (8) acting as spokesman for the panel in relations with the Commission and the Director of Regulation; (9) transmitting to, and interpreting for the panel, Commission policies and procedures affecting the conduct of the boards' activities; (10) maintaining liaison with the Director of Regulation on matters of policy, procedure and rules and regulations within his authority; and (11) performing such other duties as may be assigned by the Commission. (b) The Vice Chairman of the Atomic Safety and Licensing Board Panel is appointed by the Commission and acts for the Chairman in the Chairman's absence and performs other duties as requested by the chairman. In the absence of the Chairman, the Vice Chairman has all the powers and duties of the Chair man. (c) In addition to performing the functions described in paragraph (a) of this section, the Chairman and Vice Chairman of the Atomic Safety and Licensing Board Panel may serve from time to time as members of atomic safety and licensing boards. (d) The authority of the Chairman and the Vice Chairman of the Atomic Safety and Licensing Board Panel may not be redelegated unless each redelegation is specifically authorized by the Commission. [31 F.R. 16310, Dec. 21, 1966] § 1.16 Office of the Secretary. (a) The Secretary (1) assists the Commission in the planning and scheduling of the Commission's Agenda and Regulatory Calendar; coordinates and attends all Commission meetings, AEC-MLC conferences and other meetings attended by the Commission; (2) prepares Minutes and other records of Commission meetings, records, decisions, or other actions taken by the Commission at these meetings, and provides background information on and interpretations of these decisions to the staff; (3) notifies designated divisions or offices of actions required to implement Commission decisions, directives, and requests; (4) provides guidance to AEC staff on the preparation and scheduling of Commission papers; (5) provides administrative services for the AEC office facilities located at 1717 H Street NW., Washington, D.C.; (6) reviews all proposed Commission papers for staff coordination, adequacy, and completeness, relationship with existing Commission policy, and form of presentation; (7) processes and circulates documents to the Commission for decision or information; (8) prepares an official history of the AEC; (9) maintains direct administrative liaison with the General Advisory Committee, the Military Liaison Committee, the Advisory Committee on Reactor Safeguards, hearing examiners, Board of Contract Appeals, and atomic safety and licensing boards and the panel from which their members are chosen, and assists the Commission in maintaining an effective relationship with other advisory committees; (10) maintains the official records of the Commission; (11) serves as custodian of the official seal of the Commission, with authority to use or make available said seal whenever necessary and proper; (12) assists the Commission in scheduling Commission review of regulatory matters as appropriate; issues all orders and other promulgations of the Commission in such matters; and assures the proper notification of parties and appropriate public officials; (13) signs all notices of rule making and notices of proposed rule making approved by the Commission for public issuance, and maintains the offcial Commission record of rule-making action; (14) receives for the Commission all requests for intervention in regulatory proceedings; (15) develops and maintains the official docket of the Commission in adjudicatory matters before the Commission, Board of Contract Appeals, hearing examiners and atomic safety and licensing boards, and appropriately processes all their issuances; (16) established dockets and official files for all contract appeals, licensing, and rule-making activities of the Commission; (17) administers the Commission's Public Document Room, receives and responds to all written and oral requests for the inspection or copying of identified AEC public records, and maintains a current index for public inspection or copying of all final orders, opinions, statements of policy, interpretations, staff manuals or instructions of the AEC which affect any member of the public; and (18) transmits to the FEDERAL REGISTER all documents requiring publication therein. (b) The Secretary is directly responsible to the Commission for all the functions above except that he is directly responsible to the General Manager and the Director of Regulation for the functions set forth in paragraph (a) (3), (4), and (5) of this section; and to the Commission, General Manager, or Director of Regulation, as appropriate, for the functions in paragraph (a) (6) of this section. [26 F.R. 12732, Dec. 29, 1961, as amended at 31 F.R. 8867, June 25, 1966; 32 F.R. 9215, June 29, 1967] § 1.20 THE GENERAL MANAGER Office of the General Manager. (a) The position, General Manager, is established by the Atomic Energy Act of 1954, as amended. The General Manager is appointed by the Commission. (b) Subject to the provisions of 161n 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. (c) In discharging his delegated functions, the General Manager keeps the Commission fully and currently informed on all significant matters, including particularly relations with the Congress, other governmental agencies, and the public, which are areas of special interest and responsibility of the Commission. (d) Contract actions involving estimated costs for the contract period in excess of $10,000,000, or the selection of a new cost-type contractor to operate a Government-owned facility shall be subject to Commission approval. A modification to an existing contract which has the effect of bringing the total amount of the contract in excess of $10,000,000, will be brought to the attention of the Commission for its information. All contractual matters of a new or unusual na ture, or matters likely to provoke(unusual public interest, are brought to the Commission's attention prior to approvals bite bressi udrug OHA heut TO (e) The General Manager discharges delegated functions through such offcers, employees, and agencies of the Commission as he may designate and may exercise the statutory authorities of the Commission in the discharge of those functions. Any authority delegated may, within the discretion of the General Manager be redelegated with or without authority to make successive redelegations and under such terms, conditions, and limitations as he may deem appropriate, except that the authority to designate which facilities, installations, and real property will be subject to the prohibitions of Part 160 of this chapter may not be redelegatedis as „roffeliz.A (f) Appointments of the Deputy General Manager, Assistant General Managers, Directors of Headquarters Divisions and Offices and Deputies thereof, all Field Office Managers, and significant changes in the organization of the Comthe mission, other than those made by me Commission, are e submitted mission for approval.com n 20 ac (2) (g) Offices and Divisions reporting to the General Manager, either directly or through an appropriate Assistant General Manager are: Office of the Comptroller, Office of the Special Assistant for Disarmament, Office of the Director of Congressional Relations, Division of Contracts, Division of Plans and Reports, Division of Inspection, Division of Public Information, Division of Operational Safety, Division of Industrial Participation, Division of Production, Division of Operations Analysis and Forecasting, Division of Labor Relations, Division of Raw Materials, Division of Construction, Division of Operational Safety, Office of Economic Impact and Conversion, Division of Research, Division of Reactor Development and Technology, Division of Naval Reactors, Division of Space Nuclear Systems, Division of Biology and Medicine, Division of Isotopes Development, Division of Peaceful Nuclear Explosives, Division of Military Application, Division of Headquarters Services, Division of Personnel, Division of Classification, Division of Security, Division of Nuclear Materials Management, Division of Technical Information, Division of Intelligence, Division of International A Affairs, and Division of Nuclear Education and Training, a to 2016m Innjood -2l(h)The General Manager is authorized subject to the limitations set forth in the Federal Tort Claims Act (Public Law 601, 79th Congress, 2d Session, Title IV), 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, accruing on or after January 1, 1945, 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 m nor 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. The General Manager is authorized storedelegate this settlement authority to such other Commission officials, without power of redelegation, as he may deem appropriate.c) viochyba to (1) The Deputy General Manager and the Assistant General Manager are authorized to exercise the settlement authority described in § 1.5(d)soft doliw 30(j). The General Manager is authorized to make the determinations (pursuant to Pts. 30, 40, 50, and 70)/that exemptions of individual AEC prime contractors and subcontractors from AEC licensing requirements are authorized by law; and that, under the terms of the contract or subcontract, there is adequate assurance that the work under it can be accomplished without undue risk to the public health and safety. Such determinations are made with advice of the General Counsel and after consultation, as appropriate, with the Director of Regulation. Pa telelocio 31(k) The Deputy General Manager performs the administrative and executive functions assigned by the General Manager except those functions for which redelegation of authority is expressly ns of aut prohibited by statute, and is authorized to act in the stead of the General Manager during his absence. He is authorized, without power of redelegation, to exercise the settlement authority described in § 1.5(d). h (1) The Assistant General Manager provides assistance to the General Manager in review and development of AEC management policies and proposals for staff actions, reviews and recommends |