[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]
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