[Federal Register Volume 60, Number 13 (Friday, January 20, 1995)]
[Notices]
[Pages 4156-4157]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-1360]
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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. Joseph A. Leary. 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 evaluation 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.
The Board requires the continued services of TRU Engineering
Company, Inc. (TRUECO), specifically Dr. Joseph A. Leary, in support of
its reviews of operations at defense nuclear facilities involved in the
processing and handling of nuclear materials. The Board's efforts in
these areas include, but are not entirely limited to, worker safety and
the handling and fabrication of nuclear materials such as uranium,
plutonium, americium, curium, and neptunium. Dr. Leary's technical
support to the Board, which began in 1991, includes the evaluation of
documents as a basis for future operations at various defense nuclear
facilities. These efforts have included visits to selected facilities
to observe the operations and nuclear technologies utilized at those
locations.
Dr. Leary has informed the Board of a potential conflict of
interest situation. Specifically, Dr. Leary, as a private individual
and not through TRUECO, has a consultant relationship with Los Alamos
National Laboratory (LANL) to provide expertise regarding plutonium
processing and waste management issues. He provides support to LANL's
Nuclear Materials Technology Division (NMTD) by serving as a member of
the NMTD External Advisory Committee (Committee). The Committee, which
is comprised of eight scientists and engineers from academia and
industry, provides technical assistance to LANL management in the
chemistry and nuclear materials technology areas, to ensure excellence
in those activities. The Committee's basic responsibilities include
providing advice to management on the quality of the technical
activities conducted in the NMTD and their relevance and
appropriateness in relation to LANL's mission. Further, the Committee
recommends modifications in the mix of research and development
activities as appropriate including the identification of new program
opportunities. Dr. Leary also participated in a joint Los Alamos/Rocky
Flats technology effort and facilitated group interactions within the
technical and management areas. Finally, he provides general technical
and management support to NMTD managers on nuclear materials
processing, utilization, safeguards, waste management, and share
management skills on construction and operation of nuclear materials
processing facilities for integrated national programs on plutonium
applications and technology transfer. All of Dr. Leary's efforts at
LANL are provided on a part time, intermittent basis as needs arise.
Following a review of this potential OCI, the Board decided to
continue its relationship with TRUECO based on the following
circumstances. The Board's need for Dr. Leary's technical support is
based on his extensive knowledge and direct experience with uranium,
plutonium, americium, curium, and neptunium processing and
applications, developed over approximately fifty years in various
positions of responsibility. These include positions with LANL, the
Atomic Energy Commission (AEC), Department of Energy (DOE), and as
President of TRUECO. During this period, he was responsible for
technical requirements and the conceptual design of facilities for
processing radioactive materials, and radiochemical process
engineering. Dr. Leary participated in extensive research in uranium
and plutonium chemistry and metallurgy, developed new materials and new
processes for all aspects of plutonium utilization, and originated and
led the LANL pyrochemistry processing program. Additionally, he managed
overall research, development, and demonstration programs for plutonium
technology at LANL; directed large and complex programs at the AEC and
DOE on nuclear materials processing, utilization, safeguards, and waste
management; and managed an AEC program to construct and operate nuclear
materials processing facilities for an integrated national program on
plutonium applications. Consequently, Dr. Leary's unparalled experience
and comprehensive knowledge of nuclear materials processing and
handling with the DOE facilities and operations within the Board's
oversight authority, makes him a unique source of outside expertise and
an invaluable asset to this organization. Further, while the Board has
chemical engineers on its staff, Dr. [[Page 4157]] Leary, with his
extensive background and experience, augments the overall level of
expertise available to the Board with its efforts in this highly
sensitive and critical area of health and safety.
Additionally, the Board believes that a waiver of this potential
OCI is proper as the possibilities of a direct conflict, or biased work
product from Dr. Leary is remote based on the significant differences
between his work for the Board and LANL. Specifically, Dr. Leary's
technical efforts for the Board are related to unique problems or
issues which exist at various facilities within DOE's nuclear weapons
complex. He has provided technical assistance to the Board with its
review of Savannah River Site (SRS) F-Canyon, HB-Line, and FB-Line
chemical process startup activities and plutonium storage safety
issues. Other examples of his work for the Board include an evaluation
of the waste characterization program for the Hanford Waste Tanks,
plutonium storage matters at Rocky Flats Site (RFS) and Pantex, and
alternative decontamination processes at the Idaho Chemical Processing
Plant, Idaho National Engineering Laboratory. Conversely, his
consulting work at LANL includes the provision of a strategic overview
of nuclear materials technology and management issues across a broad
scope on an ad hoc basis, and not on specific programs or projects.
Further, he has an association with LANL as a member of the Power
Systems Subpanel (PSSP) which is a subpanel of the Interagency Nuclear
Safety Review Panel. This group, which is comprised of individuals from
the Department of Defense, DOE, and National Aeronautics and Space
Administration, prepares the final safety evaluations for space flight
using spacecraft powered by Radioisotope Thermoelectric Generators
which contain significant amounts of plutonium-238. Dr. Leary serves as
the nuclear materials expert on this panel which is funded through the
Probabilistic Risk and Hazard Analysis Group at LANL. However, as this
effort has no connection with the Board's work, and his other work at
LANL does not overlap with Board projects, the changes of a OCI are
unlikely.
Further, the Board examined Dr. Leary's current financial
relationship with LANL, which includes a vested pension program and the
consulting work described above, and considered the potential effect it
may have on his objectivity in performing the Board's work. Based on
this review, the Board determined that these relationships should not
interfere with his work for the Board since the pension, and any future
increases, is calculated according to fixed formulas and prior
contributions and his consulting work for LANL accounts for
approximately twenty percent of his total yearly income. Therefore, as
the pension is fixed and not subject to adjustment by LANL, and the
value of the other work does not constitute a major portion of his
income, the Board believes these should not have a negative impact on
Dr. Leary's ability to be objective in his work for the Board.
The Board has also recognized that it is unlikely that the work
being performed by Dr. Leary could be satisfactorily performed by
anyone else whose experience and affiliations would not give rise to a
potential conflict of interest question. This is due to the unique
problems and technical challenges which exist within the weapons
complex related to the processing and handling of nuclear materials.
Consequently, those most familiar with these operations, and
potentially best able to assist the Board, are those that gained this
expertise through previous or current employment or consulting
relationships with one or more of the DOE weapons facilities within the
Board's oversight authority. The pertinent experience of other
qualified individuals would therefore likely raise similar questions
and concerns.
Finally, as the Board is required under its OCI Regulations, where
reasonably possible, to initiate measures which attempt to mitigate an
OCI, Dr. Leary and the Board agreed to the following during contract
performance. The Board will not task Dr. Leary with any work which
would conflict with his efforts at LANL. Dr. Leary has agreed to
promptly notify the Board of and changes with his efforts at LANL which
would give rise to a direct OCI with his work for the Board.
Additionally, the efforts and products of Dr. Leary will be overseen by
experienced technical staff of the Board who are able 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. Joseph A. Leary that might arise out of his existing
relationship with LANL.
Dated: January 12, 1995.
Kenneth M. Pusateri,
General Manager.
[FR Doc. 95-1360 Filed 1-19-95; 8:45 am]
BILLING CODE 3670-01-M
