[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] ======================================================================= ----------------------------------------------------------------------- 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