ML063200539
| ML063200539 | |
| Person / Time | |
|---|---|
| Issue date: | 11/16/2006 |
| From: | Bates A NRC/SECY |
| To: | Nasle A EDSA Micro Corp |
| References | |
| Download: ML063200539 (4) | |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 Noverr~ ber 16, 2006 SECRETARY Ali Nasle Chief Executive Officer EDSA Micro Corporation 16870 West Bernardo Dr., Suite 330 San Diego, CA 92127
SUBJECT:
USE OF THE NRC OFFICIAL SEAL AND STATEMENTS ABOUT NRC CERTIFICATION ON EDSA NIICROCORPORATION'S WEBSITE
Dear Mr. Nasle,
Please be advised that the Nuclear Regulatory Commission (NRC) received information claiming that your website contained a copy of the official hlRC seal and a statement that the NRC certified your software. The NRC confirmed that your website contained a copy of the official NRC seal and this statement.
NRC regulations, found at 10 CFR 1.53, "Use of NRC seal or replicas," restrict the use of the NRC seal. The NRC seal may only be used for official purposes or other uses as the Secretary of the Commission finds appropriate. Your use of the NRC seal on your website is a violation of NRC regulations.
NRC regulations at 10 CFR 50.5(a), "Deliberate misconduct," also prohibit certain parties, including NRC licensees and contractors (including suppliers and subcontractors to licensees) from deliberately submitting to NRC licensees or their contractors information that the person knows to be incomplete or inaccurate. The NRC is not aware of ever certifying EDSA software products.
I trust that your use of the NRC seal and the statements about NRC certification were oversights and you will now remove the hlRC seal and these statements from your website promptly. I request that you inform the NRC of your findings and actions in writing within 30 days of the date of this letter. If you have any questions, please feel free to contact Sandy Joosten at 301 -41 5-1 962.
Sincerely,
~ K d r e w L. Bates Acting Secretary of the Commission
Enclosures:
- 1. 10 CFR 1.53, "Use of NRC seal or replicas."
- 2. 10 CFR 50.5, "Deliberate misconduct."
10 CFR Ch. 1 (1-1-03 Edition) in its left claw and a green olive branch in its right claw, positioned on a field of white,. with the words "United States Nuclear Regulatory Commis-sion" in dark blue encircling the eagle.
The eagle represents the United States of America and its interests.
(b) The Official Seal of the Nuclear Regulatory Commission is illustrated as follows:
(c) The Secretary of the Commission is responsible for custody of the im-pression seals and of replica (plaque) seals.
1 1.53 Use of NRC seal or replicas.
(a) The use of the seal or replicas is restricted to the following:
(1) NRC letterhead stationery; (2) NRC award certificates and med-als; (3) Security credentials and employee identification cards; (4) NRC documents, including agree-ments with States, interagency or gov-ernmental agreements, foreign patent applications, certifications? special re-ports to the President and Congress and. a t the discretion of the Secretary of the Commission, such other docu-ments as the Secretary finds appro-priate; (5) Plaques-the design of the seal may be incorporated in plaques for dis-play a t NRC facilities in locations such as auditoriums, presentation rooms, lobbies. offices of senior officials, on the fronts of buildings, and other places designated by the Secretary; (6) The NRC flag (which incorporates the design of the seal);
(7) Official films prepared by or for the NRC. if cleemed appropriate bg the Director of Governmental and Public Affairs; (8) Official NRC publications that represent an achievement or mission of NRC as a whole. or that are cospon-sored by NRC and other Government departments or agencies; and (9) Any other uses as the Secretary of the Commission finds appropriate.
(b) Any person who uses the official seal in a manner other than as per-mitted by this section shall be subject to the provisions of 18 U.S.C. 1017, which provides penalties for the fraud-ulent or wrongful use of an official seal. and to other provisions of law as applicable.
1 1.55 Establishment of official NRC flag.
The official flag is based on the de-sign of the NRC seal. It is 50 inches by 66 inches in size with a 38-inch diame-ter seal incorporated in the center of a dark blue field with a gold fringe.
11.57 Use of NRC flag.
(a) The use of the flag is 'estricted to the following:
(1) On or in front of NRC installa-tions; (2) At NRC ceremonies; (3) At conferences involving official NRC participation (including perma-nent display in NRC conference rooms);
(4) At Governmental or public ap-pearances of NRC executives; (5) In private offices of senior offi-cials; or (6) As the Secretary of the Commis-sion otherwise authorizes.
(b) The NRC flag must only be dis-played together with the U.S. flag.
When they are both displayed on a speaker's platform, the U.S. flag must occupy the position of honor and be placed at the speaker's right as he or she faces the audience. and the NRC flag must be placed a t the speaker's left.
9 1.59 Report of violations.
In order to ensure adherence to the authorized uses of the NRC seal and flag as provided in this subpart, a re-port of each suspected violation of this subpart. or any questionable use of the NRC seal or flag, should be submitted t,o the Secretary of thc Commission.
Nuclear Regulatory Commission
§ 50.7 Rockville Pilre. Rockville, Maryland between the hours of 835 a.m. and 4:00 p.m. Eastern Time. If a submittal due date falls on Saturday, Sunday, or Fed-eral holiday, the next Federal working day becomes the official due date.
(e) Regululion governing submission.
Licensees and applicants submitting correspondence.
reports, and other written communications pursuant t o the regulations of this part are re-quested but not required to cite when-ever practical. in the upper right cor-ner of the first page of the submittal, the specific regulation or other basis, requiring submission.
(f) Conflicting requirements. The com-munications requirements contained in this section and 5550.12, 50.30, 50.36, 50.36a. 50.44, 50.49, 50.54. 50.55, 50.55a, 50.59. 50.62. 50.71. 50.73. 50.82. 50.90, and 50.91 supersede and replace all existing reauirements in any license conditions or technical specifications in effect on January 5, 1987. Exceptions to these re-quirements must be approved by the Information and Records Management Branch. Nuclear Regulatory Commis-sion. Washington. DC 20555, Telephone (301) 415-7230.
[51 FR 40306. Nov. 6. 1986, as amended at 52 FR 31611, Aug. 21, 1987; 53 FR 6139, Mar. 1, 1988: 60 FR 24551, May 9, 1995; 61 FR 39298, July 29. 19961 1 50.5 Deliberate misconduct.
(a) Any licensee, applicant for a li-cense, employee of a licensee or appli-cant: or any contractor (including a supplier or consultant), subcontractor, employee of a contractor or subcon-tractor of any licensee or applicant for a license, who knowingly provides t o any licensee. applicant. contractor. or subcontractor, any components, equip-ment, materials. or other goods or services t h a t relate to a licensee's or applicant's activities in this part, may not:
(1) Engage in deliberate misconduct that causes or would have caused, if not detected, a licensee or applicant t o be in violation of any rule, regulation.
or order; or any term. condition. or limitation of any license issued by the Commission: or (2) Deliberately submit to the NRC. a licensee, an applicant, or a licensee's or applicant's colltractor or subcon-tractor, information that the person submitting the information knows to be incomplete or inaccurate in some respect material to the NRC.
(b) A person who violates paragraph (a)(l) or (a)(2) of this section may be subject to enforcement action in ac-cordance with the procedures in 10 CFR part 2, subpart B.
(c) For the purposes of paragraph (a)(l) of this section. deliberate mis-conduct by a person means an inten:
tional act or omission that the persoil knows:
(1) Would cause a licensee or appli-cant t o be in violation of any rule, reg-ulation, or order: or any term, concli-tion. or limitation, of any license issued by the Commission; or (2) Constitutes a violation of a re-quirement, procedure, instruction, con-tract, purchase order, or policy of a li-censee, applicant, contractor, or sub-contractor.
163 FR 1897, Jan. 13, 19981 9 50.7 Employee protection.
(a) Discrimiliation by a Commission licensee, an applicant for a Commis-sion license, or a contractor or subcon-tractor of a Commission licensee or ap-plicant against an employee for engag-ing in certain protected activities is prohibited.
Discrimination includes discharge and other actions that relate to compensation, terms, conditions, or privileges of employment. The pro-tected activities are established in sec-tion 211 of the Energy Reorganization Act of 1974. as amended, and in general are related t o the administration or en-forcement of a requirement imposed under the Atomic Energy Act or the Energy Reorganization Act.
(1) The protected activities include but are not limited to:
(i) Providing the Commission or his or her employer information about al-leged violations of either of the stat-utes named i n paragraph (a) introduc-tory text of this section or possible vio-lations of requirements imposed under either of those statutes; (ii) Refusing to engage in any prac-tice made unlawful under either of the statutes named in paragraph (a) intro-ductory text or under these require-ments if the employee has identified the alleged illegality to the employer:
November 16, 2006 Ali Nasle Chief Executive Officer EDSA Micro Corporation 16870 West Bernardo Dr., Suite 330 San Diego, CA 921 27
SUBJECT:
USE OF THE NRC OFFICIAL SEAL AND STATEMENTS ABOUT NRC CERTIFICATION ON EDSA MICROCORPORATION'S WEBSITE
Dear Mr. Nasle,
Please be advised that the Nuclear Regulatory Commission (MRC) received information claiming that your website contained a copy of the official NRC seal and a statement that the NRC certified your software. The NRC confirmed that your website contained a copy of the official NRC seal and this statement.
NRC regulations, found at 10 CFR 1.53, "Use of MRC seal or replicas," restrict the use of the NRC seal. The NRC seal may only be used for official purposes or other uses as the Secretary of the Commission finds appropriate. Your use of the NRC seal on your website is a violation of NRC regulations.
NRC regulations at 10 CFR 50.5(a), "Deliberate misconduct," also prohibit certain parties, including NRC licensees and contractors (including suppliers and subcontractors to licensees) from deliberately submitting to NRC licensees or their contractors information that the person knows to be incomplete or inaccurate. The NRC is not aware of ever certifying EDSA software products.
I trust that your use of the WRC seal and the statements about NRC certification were oversights and you will now remove the NRC seal and these statements from your website promptly. I request that you inform the NRC of your findings and actions in writing within 30 days of the date of this letter. If you have any questions, please feel free to contact Sandy Joosten at 301 -41 5-1 962.
Sincerely, jG/ % A Bmr Annette Vietti-Cook
Enclosures:
- 1. 10 CFR 1.53, "Use of NRC seal or replicas."
- 2. 10 CFR 50.5, "Deliberate misconduct."
Internal Distribution:
L. Chandler B. Jones E. Berry Bupp Chron OGC FF (2 cys)
M. Bupp J. Szabo J. Petrosino OGC R/F G Drive/MLE/Bupp/EnforcementlEDSA SECY LTR-1 OFFICE NAME DATE OFFICIAL RECORD COPY
- see previous concurrence OGCIMLE M. Bupp*
11/13/2006 I\\IRR/ADES/DE G. Cwalina*
11/13/2006 NRR/ADRO/DIRS P. Hiland*
11/14/2006 01 S. Hackworth*
1 1 / 14 12006 if ll(E/2006