[Federal Register Volume 60, Number 8 (Thursday, January 12, 1995)]
[Notices]
[Pages 2951-2952]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-804]
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DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Resolution of Potential Conflict of Interest
The Defense Nuclear Facilities Safety Board (Board) has identified
and resolved a potential conflict of interest situation related to its
contractor, Dr. Sol Pearlstein. This Notice satisfies the requirements
of 10 CFR Part 1706.8(e) with respect to publication in the Federal
Register. Under the Board's Organizational and Consultant Conflicts of
Interests Regulations, 10 CFR Part 1706 (OCI Regulations), an
organizational or consultant conflict of interest (OCI) means that
because of other past, present, or future planned activities or
relationships, a contractor or consultant is unable, or potentially
unable, to render impartial assistance or advice to the Board, or the
objectivity of such offeror or contractor in performing work for the
Board is or might be otherwise impaired, or such offeror or contractor
has or would have an unfair competitive advantage. While the OCI
Regulations provide that contracts shall generally not be awarded to an
organization where the Board has determined that an actual or potential
OCI exists and cannot be avoided, the Board may waive this requirement
in certain circumstances.
The Board's mission is to provide advice and recommendations to the
Department of Energy (DOE) regarding public health and safety matters
related to DOE's defense nuclear facilities. This includes the review
and evacuation of the content and implementation of health and safety
standards including DOE orders, rules, and other safety requirements,
relating to the design, construction, operation, and decommissioning of
DOE defense nuclear facilities.
In the Fall of 1992, the Board recognized an urgent need for
technical expertise in evaluating nuclear physics data, particularly in
the area of nuclear applications. While the Board had been engaged in
extensive recruiting efforts, it had been unsuccessful in identifying
an individual with the required expertise, experience, and knowledge to
satisfy this need. Consequently, the Board offered Dr. Sol Pearlstein,
an employee of Brookhaven National Laboratory (BNL) a full-time two
year appointment as Physicist on its staff. Following BNL's agreement
to grant Dr. Pearlstein a twenty-four month unpaid leave of absence, he
accepted the Board's offer and began work on October 1, 1992.
Additionally, recognizing that a potential conflict of
[[Page 2952]] interest existed with this employment arrangement, the
Chairman of the Board approved a waiver of this potential conflict and
published a Notice in the Federal Register. Upon the expiration of the
two year appointment on September 30, 1994, Dr. Pearlstein returned to
BNL and entered a gradual retirement program which allows employees to
work on a part-time basis until they decide to end their association
with the Laboratory completely.
Based on a continued need for his unique expertise, the Board has
decided to establish a contract directly with Dr. Pearlstein.
Specifically, Dr. Pearlstein will be asked to provide technical
assistance in criticality safety and other related fields including
nuclear and reactor physics, and accelerator production of tritium. The
proposed effort, which will require his support on an intermittent
basis, will include his participation in the review of safety analysis
reports, DOE facility visits, presentation of lectures on criticality
and related technical subjects to the staff, the development of
specialized nuclear information or data bases for Board applications,
and assisting the staff in monitoring DOE performance on specific
issues or Board Recommendations. The Board has also recognized that the
proposed contractual relationship with Dr. Pearlstein will result in a
potential conflict of interest situation due to his simultaneous
relationship with BNL, a DOE National Laboratory, and the Board.
However, while the Board avoids these situations wherever possible, it
believes that the need for Dr. Pearlstein's services coupled with the
low probability that a direct conflict of interest or biased work
product will result from this engagement, justifies this proposed
acquisition and waiver based on the following.
First, Dr. Pearlstein possesses outstanding credentials in this
technical area and has extensive direct experience through his numerous
years at BNL. There is presently no one else on the Board's technical
staff who has a broad and extensive background in evaluating nuclear
physics data, particularly in the area of nuclear applications as Dr.
Pearlstein possesses. He has extensive experience with examining
physics data and evaluating its integrity, and has the ability to
synthesize scientific data from multiple sources to find solutions to
complex and novel problems. Dr. Pearlstein's expertise is important in
facilitating the accomplishment of the Board's mission, particularly in
the area of nuclear physics. Additionally, during his two year
appointment with the Board, Dr. Pearlstein developed a unique and
intimate understanding of the Board's mission, internal operations, and
the major technical issues being addressed by the staff. Consequently,
while there are other individuals with similar technical backgrounds,
Dr. Pearstein's blend of experience gained through his long association
with BNL, and most recent work as a member of the Board's staff, makes
him a unique source of technical support to the Board. Through this
combination of experience, Dr. Pearlstein can provide immediate support
to the Board on a variety of complex technical issues which require
prompt resolution, without the need for the extensive and time
consuming preparatory efforts others would require.
Second, the Board does not believe that a direct conflict between
Dr. Pearlstein's technical work for the Board and BNL will develop for
the following reasons. BNL is a multi-program, DOE Laboratory whose
missions include scientific and medical research, energy technology
development, and associated support functions. These activities are
mostly related to DOE's non-defense mission and have little
relationship with the defense nuclear facilities or oversight
responsibilities of the Board. Further, Dr. Pearlstein has advised the
Board that he will be assigned to BNL's Engineering Research and
Applications Division in the Department of Advanced Technology which is
involved in work ranging from structural analysis to radiological
engineering. Therefore, based on the significant differences in
technical efforts and missions between the Board and BNL, no direct
conflict with the proposed effort is anticipated or with Dr.
Pearlstein's ability to provide the Board with impartial, objective
work products.
Finally, as the Board is required under its OCI Regulations, where
reasonably possible, to initiate measures which attempt to mitigate an
OCI, the Board will stay abreast of Dr. Pearlstein's technical work at
BNL to insure no problems arise during contract performance. Also, the
efforts of Dr. Pearlstein will be overseen by experienced technical
staff of the Board to ensure that all of his resultant work products
are impartial and contain full support for any findings and
recommendations issued thereunder.
Accordingly, on the basis of the determination described above and
pursuant to the applicable provisions of 10 CFR 1706, the Chairman of
the Board granted a waiver of any conflicts of interests (and the
pertinent provisions of the OCI Regulations) with the Board's contract
with Dr. Sol Pearlstein that might arise out of his existing
relationship with BNL.
Dated: January 9, 1995.
Kenneth M. Pusateri,
General Manager.
[FR Doc. 95-804 Filed 1-11-95; 8:45 am]
BILLING CODE 6820-KD-M
