Executive Order 12202—Nuclear Safety Oversight Committee

By the authority vested in me as President by the Constitution and statutes of the United States of America, and in order to establish, in accordance with the provisions of the Federal Advisory Committee Act, as amended (5 U.S.C. App. I), a committee to advise on the progress of Federal and State authorities and the nuclear power industry in improving the safety of nuclear power and in implementing the approved recommendations of the President's Commission on the Accident at Three Mile Island, it is hereby ordered as follows:

1-1. Establishment of the Committee.

1-101. There is established the Nuclear Safety Oversight Committee.

1-102. The membership of the Committee shall be composed of five persons appointed by the President from among citizens who do not receive a salary from the Federal government. The President shall designate a Chairman from among the members of the Committee.

1-2. Functions of the Committee.

1-201. The Committee shall periodically report to the President, the Secretary of Energy, and the Secretary of Health, Education, and Welfare the Committee's advice on the progress being made in improving nuclear safety. The Committee's report shall also advise on the progress being made in implementing those recommendations of the President's Commission on the Accident at Three Mile Island which were approved by the President (December 7, 1979).

1-202. The Committee shall advise on the extent of progress made by the Nuclear Regulatory Commission in effecting management, substantive, and procedural reforms to improve safety. The Committee shall evaluate the recommendations of the Chairman of the Nuclear Regulatory Commission concerning the possible modification of the responsibilities of the Advisory Committee for Reactor Safety.

1-203. The Committee shall advise as to whether or not the Nuclear Regulatory Commission and the nuclear power industry are fulfilling their responsibilities in upgrading the capabilities and training of utility operating and management personnel.

1-204. The Committee shall evaluate the progress being made in making or encouraging technical modifications to power reactors to improve safety, including improved control room design, and evaluate the Federal program in safety research.

1-205. The Committee shall advise on the success of developing a coordinated program to improve worker and public health safety.

1-206. The Committee shall advise on the progress of the Federal Emergency Management Agency in its review of State and local off-site emergency planning and preparedness, and evaluate the progress of State and local governments in establishing emergency response plans.

1-207. The Committee shall evaluate the progress being made in improving public information on nuclear safety and shall evaluate the progress of the Federal Emergency Management Agency in coordinating any Federal response to potential nuclear emergencies.

1-208. To the extent the Committee deems it necessary to carry out its other functions, the Committee shall monitor the activities of Federal and State agencies and the nuclear power industry.

1-209. The Committee shall enter into agreements with the Nuclear Regulatory Commission, the Department of Health, Education, and Welfare, the Department of Energy, the Federal Emergency Management Agency, and other Federal agencies, as well as State agencies and the nuclear power industry on procedures for obtaining the information necessary to monitor their activities and to carry out the Committee's advisory functions.

1-210. The Committee shall include in its reports the Committee's .advice as to the adequacy of the information it has received from Federal and State agencies and from the nuclear power industry; and, its assessment of the cooperation it has received from them.

1-211. The Committee shall prepare and transmit to the President, as soon as possible, a report on the progress of the Nuclear Regulatory Commission and of the nuclear utilities in upgrading the selection criteria and the training of utility operating personnel. The Committee shall report to the President its other findings, evaluations, and recommendations from time to time as it deems appropriate, but in any event, at least once a year.

1-3. Administrative Provisions.

1-301. The Chairman of the Committee is authorized to appoint and fix the compensation of a staff of such persons as may be necessary to discharge the Committee's responsibilities, subject to the applicable provisions of law, including the Federal Advisory Committee Act, as amended, and Title 5 of the United States Code.

1-302. To the extent authorized by law and requested by the Chairman of the Committee, the General Services Administration shall provide the Committee with necessary administrative services, facilities, and support on a reimbursable basis.

1-303. The Department of Energy and the Department of Health, Education, and Welfare shall, to the extent permitted by law and subject to the availability of funds, provide the Committee with such facilities, support, funds and services, as may be necessary for the effective performance of the Committee's functions.

1-304. The Committee may request any Executive agency to furnish such information, advice or assistance it deems necessary to carry out its functions. Each agency shall, to the extent permitted by law and subject to the availability of funds, furnish the information, advice or assistance requested by the Chairman of the Committee.

1-305. Each member of the Committee may receive compensation at the maximum rate now or hereafter prescribed by law for each day such member is engaged in the work of the Committee (5 U.S.C. 3109 and rules pursuant to the Federal Advisory Committee Act, as amended). Each member may also receive travel expenses, including per diem in lieu of subsistence (5 U.S.C. 5702 and 5703).

1-4. General Provisions.

1-401. The functions of the President under the Federal Advisory Committee Act, as amended, which are applicable to the Committee, except that of reporting annually to the Congress, shall be performed by the Administrator of General Services.

1-402. The Committee shall terminate on September 30, 1980.

JIMMY CARTER

The White House,

March 18, 1980.

[Filed with the Office of the Federal Register, 11:10 a.m., March 19, 1980]