Text

NRC-2018-000167 (Formerly FOIA/PA-2018-0074) - Resp 1 - Final, Agency Records Subject to the Request Are Enclosed
	ML19029B129
Person / Time
Issue date:	01/22/2019
From:	; NRC/OCIO
To:	;
Shared Package
ML19029B473	List: ML19029B127; ML19029B129; ML19029B131;
References
	FOIA, FOIA/PA-2018-0074, NRC-2018-000167
	Download: ML19029B129 (101)
	v • d • e

{{#Wiki_filter:-* December 31. 1986 RULEMAKING ISSUE SEC!Y-86-384 For: From:

Subject:

Discussion: CONTACT: The CommissioJe~sotation Vote) \\'lilliam C. Parler . General Counsal Victor Stello. Jr. Executive Director for Operations Notice of Proposed Rulemaking to Govern Accuracy and Coropleteness of Licensee Communication with the NRC By Staff Requirement Memorandum dated October 27. 1986, the Commission approved the elements of a "Material False State-ment" r*ule. directed the General Counsel to e.eek comments from th1! Department of Justice en those elements and to devel-op a Notice of Proposed Rulemaking reflecting the approved elements of the rule. Comments were solicited from the Department.~ Justice by letter dated. October 27. 1986. Their response, l~nclosure A to this paper, was received on December 18, 1986. Briefly. the Deoal'tment su1?'1:ests: I (b)(6) James Lieborms.n, OGC !Caren Cyr, OOC =~27062

I _.,' Commission Proposnl: (b)(a-).. -----~- The Notice in Enclosure 13 includes several minot' changes.to t1H1 language of the rule approved by the Commission. The first change, which has been incorporated into b1>th Notices, ts the elimination from paragraph Cb) of the enumerated reporting sections in the le.st sentence. This was done t,:> eliminate the need to revise this section each time one of t*n e en'llmerated sections* ls renumbered or.a ne~ reporting requirement i.s *add-ed to the regulations*. The specific regulations i'o'l'merly ne.med in tbe ll'ule are now included in the Statement of Cc,nsideHtions to

make clear that reporting
under paragra1=*h (b) is not required if suob reports would duplicate information Blree.dy submitted under other apecific requirements.

We have also

eliminated the. option t:Jf reporting to the Offic<<, of lnspeation

,nd Enforcement since that Office.. will* go out 1:,f existence in a few months.

s a m nor re son o the em ton o

~a~e:r.:o'ffr.y~-=n-:::p'::".ar~a~g==r==a=p'h Cc). The

Commission-approved ele-ment uses ~he phrase "capability to influence a reasonable agenay official".

We have changed that. to 11oap!l bility to influ-ence egf!ncy action". The l'eff.lrence to an in:iividual offictal was developed in the VEPCO deoleions to contrast with the reasonable l&yman approach urged by. the fatervenor litigants. The essence of the 1Dateriality test ts whether the decision of r:=:,.~r*~~~lt~ r~r:*:* et*t:(:~t ~ addresa'.d ~u~ be *f* l (b)(5) l

,ti"' Proposal With DOJ R~~mended Change~: (bi(5) 11 (b.J(~) (b)(5J We intend

to continue our consul1ations w~th l)OJ on these matters.

.F.ecommendation: l, ~. That the Commission: AE~rove publication of the notice of propoeod rulemaking In nclosure C in the Federal Registerp ~: a, The notice of proposed rulemaking in En1~losure C will be published in the Federal Register allowintt 30- days for public comment.

b. Tbe pr.oposed rule contains information collection l'~-

quirements that are subject to review by the Office of. Management and Budget. Tht> rule will be 111,Jbmitted to the Office of Management end Budget for review and ap-pr,oval of the paperwork requirements.

1111-1'*"'111*1111,a*--*----*--- )

Enclosure:

c. Since* this proposed rule qualifies as a ciat-egorical ex-chrnion under 10 CFR 51.22Cc), neither an environmental impact statement nor an assessment has biaen

pl"epared.

d. The Subcommittee on Nuclear Regulstion of' the Senate Committee on Environment and Public Works, tho Subcom-mittee on Enettgy and the Environment of U1e Ho-use Inte-J*ior and Insular Affairs Committee, the S,;1bcommittee on Enel'gy Conservation and Power of the Houn Energy and Commerce Committee. end the Subcommittee on Environ-ment, Energyt end Nature *Resources of tt,e House Com-mittee on Government Operations will be ir1formed of the rulemaking 'by Jetter suob as.Enclosure D.

e. The Federal Register notice of propos,ed rulemaking will be clistrlbuted to affected licensees.

f. A p~blic announcement will be issued b:v the Office of Public Affairs when tt:ie proposed rulem11kiT1 g is filed wlth the Office of the Federal Register.

g. Since tlle proposed rule is adrtlinistrati,,e in nature.

and therefore does not result in the "modification of or addition to systems, structure, components, or design Qf

a. facility *** or the procedures or organlzat:ton required to doeign, construct, Ol' operate a facility, tb*t staff believes tllat the backfit rule, 10. CFR 50.~09, d<>f:,s not apply to the proposed rule.

~ f.\\~-; 1:l . t) I ~* William C. Parler General Counsel .£~~~*----*-*-~ Victor st1o:~~~f: Executive Director or Oper1itions A. Department of Jus.tice Comments on Pt>oposed Qule B. Draft Federal Register Notice C. Draft Federal Register Notice D. Draft Congressional Letter E. OctobeT" 20, 1986 Memorandum to Comm. Berntha.l

6 - Commissioners' comments or consent should he providei directly to the Office of the Secretary by c.o.h. Tuesday, January 20, 1987. Commission Staff Office comments, if any, should be submitted to the Commissioners NLT Monday, January 12, 1987, with an information copy to the ol"fice of the Secretary. If the paper .is of such a nature that it requires additional time for analytical review and comment, the commissioners and the secret.ariat should be apprised of,when comments may :,e expected. OISTRIBOTION: Commissioners OGC (H Street) OI OCA OIA OPA REGIONAL OFFICES

coo OGC (MNBB)

ACRS ASLBP ASLAP SECY I

ENCLOSURE A

Enclosure A. pages 8-14 withheld in entirety, responded to you by DOJ on 7/14/16. ) Page ooa 11r 101 \\\\lltnneld pursuant tc exemption (bl(5) or the Freee1om or Information ana Privacy At!

Page oog of 101 Wl1hheld pursuant to exemption (b)(Sl or the Freeciom or 1nrormat1on ana PriVacy Act

Page 010 or 101 W~hhelc:1 pursuant ta l!.\\emptlcn (b)(Sl or the Freedom or 111rormat10,1 and Pnvacy Act

Page 011 Qf 101 Wi1hhelO pursuant lo exemption (U)(SJ or the Freedom or Information and Privacy Act

Page 012 or 101 Wlthhela pursuant ta &emption (b)(S) of the Freedom of lnrormatlon ana PriVacy Act

Page 013 or 101 w1mne1e1 pursuant 10 exemption (b)(Sl ortne Free~om of Information aM PriVacy Act

Page 014 or 101 WHhheld pursuan1 to e,;emptlcn (bl(Sl or the Freeaom or 1nrormat1on ana Privacy Ad

ENCLOSURE B

............,.... 1.......,..................,.-----.

Enclosure S lO (..~ P.ARl'S 30, 40, 50, 55, 60., 61, 70. 71, 72, and :L50 Canpleteness and.A.Ccuracy of Information Provided to tne Connission IGENCY:

Nuclear Reguiatoey Catmission. ACTl<.N: Proposed rule*. SU\\MARY: 'The NBC is amending its regulntions to codify the obl i1~6tions of 1 i-censees and applicants for licenses to provide the Carmil!lsion with oanplete and. o.ceura te informa ti.on, 1:o provide for disclosura of info1'1'11ll t ion id'=nt if ied };ly 1 lceneie~e c,e, ~i~nificant for 1 tcensed activi tie~ CbJ(~J I I DATES: Carment period expires [insert date thirty da.ys fr-an date of Federal RP.gister publication). carmenta received after this date*wi 11 be i:cnsidered if it is practical to do so, but assurance of consideration ts.given only for can-ments received on or before this date. Al!iWSSES: Interested persons are invited to send written caunents or sugges-tions to the Secretary of.the Cannission 1 U.S. Nuclear Regulatory Callnission, Washington, D.C, 20555, Attention: Docketing and Service Branch. Ca'iments may also be delivered to Roa:n 1121, 1717 H Street, N.W., Washington, D.C. between

-2~ 8:15 a.m. and 5:00 p.m. Copies of any caanents received may be examined at the NHC Public Docunent Roan, 1117 H Street, N.W'., Washington, D.C. 20555, FCR RllmlER ImT.EMATICN ~;*Karen Cyr, Attorney, Office of the General Counsel, U,S, Nuclear Regulatory Carmission. Washington, D.C. 20555t Telephone: (301) 492-7269, SUPPLEMaID\\RY INFCB\\tATI<.N; Accuracy and forthrightness in camn.mtcetions to the NEC by licensees and applicants for licenses are essential if the NRC ts*to fulfill its responsibilitie5 to assure that utilization of radioactive material is consistent with the health and safety of the public, the _cannon defense and security and the prot~ction of the enviro11Dent. _Several provisions of the Atanic Energy Act highlight the importance of accurate information. Section 188 provides that "Any license may be revoked for any material false statEment in the application or any statement of fact required under section 182, *** " Section 182 provides that: 'lhe Coomission ma.y at any time after the filing of the original applica-tion. and before the expiration.of the license. require further written statements in order to enable the Cannis~ion* to determine,ihether the ap-plication should be granted.or denied or whether a license sh~uld 'be modi-fied ot revoked. Ali applications and sta.tl:!llents shs.ll be signed by the applicant or licensee, Applications for and statanents made in connection with, licenses under sections 103 and 104 shall he made under oath o~ af-firmetion, 'ille Cannission may l"equire any other applicathmia cir sta,snents to be ms.oe under oeth o~ affirmation. '[bis need for aoouracy in oamnmications has been enphe.sized *thro*ugh tne adop-tion in licensing provisions. althougb not on a uniform basis, of ~aquiraneots regarding tn~ su"ttnission of applications. See !.:it!.* 50.30Cb), 55,lQCd), 6l,20(e.), 70,22(e) and '12,llCb). The catrJission 1s expectation of accuracy i~ c~icotions t.as not been limited to written tnfommtion sutmitted in.applications, 'llle Ccnmission 's decision in an enforcement action t~ken against Virginia Electri<! and Power Co, established a cmipre.heneive requtrenent for apPlicants and 11.cenuees to provide cr.mplete and accurate information to the O:mnission. In the vm>IX> case. h.1 se statanents weTe al legect to have been made in vm>OO'e subnissions to the Ckimlis-sion on the geology of the North Anna site. Onissions of infol'lmtion by VEPCX) were also evaluated~ two were f~ilures to p~esent evidence at the Licensing Board construction permit bearings a'bOut suspected faulting and the third anis-sion was VEPOO's tai lure to provide the Board or staff with repc,rts prepared by "its geology consultant, ln t ts decision, the Carmission conol-uc:ed "th.at the. rnate:rie.l false statanent phrase in the Atanic Energy Act may appropriately be read to re<)Uire full disclosure of material de.ta". Y!_rgi.n"la Elootric & Fewer 9:!!!P!ny (North..Anne. Power Station, Units 1 and 2), CLI-76-22, 4 NF..c 480 09~6). aff 'd., 571 F.2d 1289 C 4th Cir, 191~). The Carmlssion deoided materiality is to be judged by \\\\tlether information has a natural tendenoy or capability to inf l uenoe en agency dee is iormalcer; that lmowl e:lge (?f the falsity of s material statement is not necessary for*a mBterial false statenent under §186 and that 1naterial anissions are actiona~le to the same ~xtent as affirmative me.terie.1 false stetanents. Under this standard, both the written statEl!lents ana anisstons made by ~ were ~ubject to civil penalties. In subsequent years, the Carmission took a nunber of enforcement actions for material false statements. 'lbese en* forcement actions included the following factual situations: anisslon of in-fol'lrl!.tion about receipt of draft reports in oral statanents made in an infoi,nal meeting between the staff and a licensee; statements in a telephone call, let* ter and oral briefing that mobile sirens forming part of o licensee's pranpt publ io notification syste11J were instal Ied and operational, when in faat they were not; oral statenents to an NBC inspector that licensed material had not I boen out of storage, when in fact it had been used: and erroneous statements in 1*esponse to an IE Bulletin concerning the use of certain lubricants and fasteners. The Ca1Plission's General Policy and Procedure for NRC F.rrforcement Actions, 10 CFR Part 2, App, C, originally published on March 9~ 1982, < 47 Fed, Reg. 99Si) specifically dealt with enforcanent for rnateriil false statements. In March 1984, after several years of handling enforcanent case~ under the ~ holding and this enforcement policy, the.Cauniseion specifically solicit* ed oan:nents on tho issue of material false statenents. Responses to the fol-lowing questions were requested: 1) Has the C<lrroission's enplasis on material false statsnents had a positive effect on the quality of ccmnunicat ions with the NfiC or has it had a chilling effect on such aanm.mications? 2) Should the definition of material false sta~ement be changed to apply only to written statmients, subni tted under oath? 3) Should Dlaterial ity be contingent upon the safety si'gnifictmce of the underlying infomiation? 4) ~ould msterialUy be dependent upon actually influencing an agency reviewer as opposed to having the cspability of influencing a reasonable agency reviewer? 5) \\*ltat would the expected et"!ect of suet, changes be? 'l'be Ccnmission received camients fran twenty--nine organiie.tions and. jndi-viduals. including utilities. law firms. utility associations, an architect engineer, an intervenor, an employee at a nucl~ar facility. and1nerribers of the i,ublic. 'llle <!cnrnents are surmarized below oategorhed into five prin<lipa t concerns. 'lllreshold for Material False Statanents - Moat of the carmenters suggested that the definition of material false statlilllent whi!'.lh the Camliseion had ~n using since the ~ decision in 1976 is too bl'oe.d. '!'he VEPC0 case does not contain an actual defitni tion of the term "material false statemE!nt but it does describe thn* elements of the phrase. Under that decision. e. mate.rial false statanent niay be an affirmative statement or an anission. By impltcation. therefore, a material false stat~nt need not be in writing or under oath. It need not be made with knowledge of its falsity; it can be unint*mtfonally made. Sane carmenters sought. to Umit the definition by changing*the materiality stand&rd. Sane suggested that it should take into greater account the safety significance of the ir.:forrnation, Others suggested that instead of merely hav-ing the capability of influencing a reasonable agency reviewer, the statenent should be required to actually influence a reasonable agency rtwi~r. Qnisstons - Cannente criticized the application of material false state-ment to an anission, arguing that if the Nae wanted to requite full disclosure of nv,.terial information it should clarify its reporting require:nents to indi-cate just what tnformntion is required to be disclosed, ~gal tseues * ~~ nunber of carmenters expressed the view that, as a matter of lall, r. 1118terial.false ststement must be suh'nitted in writing and under oath for a ()0\\1er reactor. lbis conclusion was based on their reading of sections 186 and 182 of tho Atanic Energy Act that a materte.1 false statE111ent can exist only Mien the statanent in question ts contained-in an application or sought tr; the NRC under section 182 of th,e Act, Section 182 provides that "applications for, and stat&Dents made in connection with, licenses under sections 103 and 104 [of the Act] shall be made under oath or affirmation." Not all camnenters favored restricting application of the term to only those statenents under oath. Sane argued that suctt a limitotion will only create a greater e.aninis- _ trative burden on the licensee, because the Carmission wi.11 denand that all correspondence be n~tarized, Negative Connotations -Many of the cCll'l"l'lenters focused on tht:>.ad,*ersr in.- ~ pact on the integrity of individuals and licensees \\\\tlich they believe results fran a citation for a material false statement. In* their view, a JIJ8ter1a1 false statanent ls understood by the public as a lie with all of the connote-tions of dishonesty ~ich that entails. Largely because of thtae connotattons. many carmenters urged that the definition of material false statEJllent b~ nar-rowed and its use limited to those situations "MJere integrity or honesty is* actually at issue. Accordingly, sane suggested thnt it be reserved for inten-tional false statements. Oral Statements - rtany cQJIY!entera all9o f ocus*ea their criticism on the ttp-pl icat ion of sanctions for matarial false statements involving oral aamruntca-tions since many of the day-to--dny contacts with the~ a~e by telephcne or through oral conversations with inspectors on site. 'lbe carmenters indicated that the inclusion of these statements in the definition of material f~Jee statenents had a chilling effect on day-to-day camrunioations to the d~triment of the regulatory process,

,, At the time the Carmdeeion solicited these oannents, it also stated its intention to have an in-depth study of t~e enfo~cenent program pctrfonned hy a snail CCflmittee of individuals selected fran outside the_ agency. The Advisory Connit tH fo:r Revtew of the Enforcanent PoJtcy was fonml Jy estel,lished by the Nr.C on August 31, 1984 (4_9 FR 35273, September 6, 1984). In add:ition to (!On-siderin~ the. c(1Jlllents already subnitted to the Carmission, t~e C<nmittee solic~ ited. fu~ther 0CJJJ11ents fran interested persons.on the extent to which the NRC*e ~nforcanent policy had been serving the purposes announced by tho Ccnmissic;m; including the policy on material false statements, (50 FR 1142. January 91 1985). Public meetings,were held by the c.atmittee during mich *l6 witnesses drawn frcm NRC staff, licensees, industry groups tinc1 law/consul t:lng groups gave testirnony to Oie cannt ttee, many cannenting on the material fals*t s.tatemant polfoy. In its Report sulmi tted to the O:mnisston on Novanber 23. 1!)85 the Connit-tee niedc the fol I cming reccmnenda tion: n1e material false statanent policy should be changed *to limit cita-tions for material false statanents to written statements or sworn tP.stimony made knowtng the statenent was incorrect or ronde with care-less disregard for correctness. If inoori-ect oral stahmients or anissions are to be cited, it should be under another 'l&bel. The Carmittee concluded that the application of the label material false stste-n>ent to unintended and inadve~tent statements and Cllliasions, as,fell as to in-* tentiorial or.es, wi 11 ultima. tely I if it has not al ready. impede tha f lQW of fnfonnation to the Colmission. The evidence of growing pressure t'8rd limit-ing oral cmmunica ti one was found to be especially apparent. In nddi tion, the label tng of.tionest ertors as materiel false statuoents was found to have a "depressing effect on utility staff morale" and to eane extent limited an or-gan_iza tion 'e ability to "recruit and retain cepabJ e etaff." Coomi ttee Report at 24. lhe indistinctness in defininr, vtiat is required to avoid a material false statement citation for an anission creates an "uncontrollable and open-ended liability,, for llc:ensees, whictl, considering the high cost to the util Hy of such a citation, is an ttmreasonabte and unfair burden." Carmi ttee Report at -26. In its meeting with the Counission on December lO~ 1985, several of the Carmtttee menbers eJa'borated on their recamiendatian. Briefly, they indicated that oral ccnmunications can be made by onyone within the licensee's organiza-tion and, unlike written ctn111UJ1ications, th~ licensee generally bas no way of controlling the exchange or of assuring that the statlfllfflnt in fact represents the licensee's position.... It is very difficult as a matter of proof tc reoon*

struct what exactly was said for an.oral statanent. 'Illere will ltkely be dis-putes about what i~ said and l\\tiethet the misstatli!l'llertt, if there.was one, wo.s intentional. accidental, ne~ligent or reckless. It is reasonable to reserve the category of me.ter.ial false statffllents" to :written or sworn statements

~'here there is another mechanism for penalizing oral statements,~. as inac-curate infonnatton, and v.bare the penalty can be as severe as for those state-ments labeled material false statements. If the Cannission_persists in labeling oral statements as material false sto.tenente, Cmmittee members recoo,... mended that the Camlission limit and define the.people in licensee organiza-tions,-mo are c~ps.ble of_1t1aking oral material false statenents and provide aane description of the circtEJstances in which they_have to be aware that they carry

that Jiabil ity.

\\ -

With respect to the citation of missions as material false statements, several Carl!littee 1J181lbers indicated that it is such a wide open potential. source of liability, that even though the nunbero of such citations ie s,r,&11., I the perception of wlnerabil ity in the re~lated ccmm.mity is pel'vnsive. Al-though ~n egregious anission case can be posed ~mere the strongest sanction including the label IIl8teria1 false statenent is warr~nted, the day-to-day cases will be the ambiguous sjtuations. Frcm the standpoint of an effe~tive enforce-ment program, deterrence does not suffer if an occas iona 1 egregi ous ani ss ion or oral stat8'11ent is cited as inaccurate information with a civil penalty for a severity level one or two violation, rather than os a material hlsa statement with a civil penalty of similar severity level. ln view of the concerns which* have been developing within tile Carmission and ~'hich a~e evident fran the public Call08nts arid the efforts of *the Advisory C..attnittee. principally.with the spplic&tion of the "material false statB1Jentn label to unintentionally inaccurate tnfonnation. the Carrnhsion has deterrnin~ that changes are necese1ary to its current material false stataneot polfoy ar-Hculated in.the C'4nnission 's ~ decision and in the Enforoanent PoJlcy in .Appendix C, Part 2 of the CarJniesion 's regulnttons. The Carmission has con-eluded that this policy-should be replaced by a new regulation ill eaoh of the l icenslng sections of the Ccmnission 's regulations which sets fol"th an appli-oant 's SnG..a licensee's obligations concerning aoouraoy and oanpleteness in_ their caxmunications with the NRC, The Calrnission believes this epproaoh wll J CC>Jltinue to provide inr.entives for applicants and licensees to serutinize their internal operations to determine that informe.tion provided to the NRC is oan-pJete and accurate, and give the caunission greater flexibility to enforce this obi lgation without invoking the negative \\?onnotations about a l fo,ensee's cha1*aoter by a oltation for a material fa.lse statenent tn cases involving an .\\ unintentionally inaccurate or. incanplete subnittal. 'Ibe new regulations include identical provisions in Parts 30. 40, 50, 55, 60, 61, 10_ 71 end 72 vmich will consist or three elements: 1) a general pro-vision,mich requires that all infometicn provided to the Cannission by an applicant or licensee shall be canplete and accurate in.all material respects;

2) a reporting requirenerit to replace the full disclosure aspects of the cur-**

rent naterial false statenent poliCj* which,vould require applicants and licens-ees to report to the NAO infonnation ldenti.fied by the applicant or I icensee as having significant impllaations for the publia health and safety or camion de* f ense and secur.i ty; (b)(5) ...._ _______..., Sootion* 150.20 is being amended to provide that when an AgreEment State licensee is operating within NRC's jurisdiction under the gen-* I er$1 license granted by §150.20, the licensee is subject to the above requirE1Dents. Paragraph (a) of the rule would codify in a unifonn manner an applicant's and a licensee's obligation, as articulated in the VEPCO deoiei0n. to assure the accuracy of its ca:munications with the Ccmniasion. The provision does not create any new oblige. tions for licensees and applicants; rather. it describes in a re&'Ulation.rather than in an adjudicatory decision. the standard for accu-racy to be adhered to when supplying inf olm'i tion to the agency. That standard, "canplete and accurate in all material respect~~ continues the degree of accu-racy prescribed in the VEPCO*decision; that is, any infonnation provided to the Camiission whioh has the obility to influence the agency in the conduct of its regulatory !'esponsibil itte~ must be c001plete end accurato. Not only material

IJll--1~ I aM1.......,...,.....,_.,......_ __ -ll-incorrect information, *~.rritten or oral. but <Jl'lit ted information vihich causes an affi~ti.ve statenent to be n,aterial ly incanplete or ina~cur1He. wtl 1 be subject to sanctions under tbis requirement. The proposed rule uses the phraH "provided to the NRC 11 rather than °subnt. t ted to the NBC" * *to indicate that all a(lffllllnica.tions, oral or written, throughout th1~ tenn of the license, not just e.t the application stage. ere expected to 1:>e c~lete . and acourfite.1 CbJ(;J (bJ(~) The Ccmnissi.on intends to apply a rule of reason in assessing canpleteness of a ctm11Unication. For example, in the context of reviewjng at1 initial appli-cation or 8 renewal application for 8 iicense, it is not unocrmx:n for an NP.C revi~r to seek additional infonnation to clarify his or ber ur.derstanding of. the lnfoffllBtion already provided, Such an inquiry by the NRC dc,es not neces-sarily mean tba t inconpl ete *info,;matton iwhich wculd viol ate thb n:il e has been subnhted. * (b)(6) Pal'agttaph (b) of the proposed rule codifies in a modified 1:orm the 11ful l disclosure1' aspects of licensees' and appl tcants' obligations e11te.blished by the \\'EKO decision. In that decision.the Cmmission i>ecognized its obligation "to pranulgate regulations which provide clear,. CQJJPI'ehensive guidance to e.p-

pltcants and licensees,"~ at 489, but went on to conclude lht,.t,
- - the fact rans.ins that no specific set of regulaUons. h,:w~ver carefully dr~wn, can be expected to cover all possible circunstances. Information
12-may cane fran unexpected sources* or take an une1'pected form, but if it is roa.terial to the licensing decision and therefore to the public health and safety, it must be passed on to the Cmmiesion if we ar, to perform oul' task ***

Since th~ initial description of, the "full disclosure" requirement in ~t hey.9ver, reporting obligations for substantial additicnal cetegories of significant safety information have been affirmatively established, !..!.l:.* 10 Ci'R § 21.21, 10 CFR 6§ 50,72 and 50,73. Both material and reactor licenses contain nunerous reporting requirenents. Most safety information wl'iich a Ii.. censee may develop wi 11 likely be.required to be reported by acme specHic re- . quirenent, Nevertheless. there may be sane circuustances where a 1 icensee possesses sane res1dual safety information which could'affect licensed activi-ties but which is not otherwise required to be reported,

Therefore, the proposed rule provides that if a licensee or an applicant identifies info~tion which has signifi~..ant implications for public health and

.* safety or the cannon dP.fense and security, it muat be reported to the Catmls... sion. 'lbe rule makes clear that reportiug under this section is not reqUired if such reporting ~ld duplicate information already subnitted in acco~dance with other requirements such.as 10 GFR §§ 20.402 - 408, 21.21. 50.34, 50,71, 50.72, 50.73, and 73,71.

.Consideration was given to proposing a more broadly worded ~equirement such as "each applicant or licensee shell notify the CaJmission of infonnation material to the regulatory process." 'The Connission concluded, howevet", that with ~ch a formulation.of the rule, with essentially no guidance on how to determine,mat must be reported, it would be difficult for J ioensees or appl i-cants to predict with any certainty what the Coomission wtl I deem to be material. Such* a rule would likely provides little incentive fc~ licensees or appl ic&.nts to scrutinhe or pol ice thei_r infol'IIIBtion gathering i:,rooess foT re-po~tabl e information. The purpose of the reporting requit'snent wbich is being proposed ts to provide clear notice that if any applicant or ll~ensee recogniz-es it has information with significant health or safety or cmmcn defense or security iu:plications, th~ infonriation must be reported to the ~'RC notwith-standing the absence of e specific reporting requirBllel'it. Subnission of a re-port depends upon the licensee's recognition of the significance of the infofflJQ tton.

The codification of.a full disclosure requirEDJent in ttlie D'&noer should not Hsul t in ecd1 Uonal burdens on appl i(?ants and licensees, i,lcensees and applicants will not 'be *required to develop £ormal programs similar to those prescribed under 10 CFR P~rt 21 to identify, evaluate. and report information *. '\\'lh&t is expected *is e protessiQTltll attitude toward safety throughout~ liQ~n~- ee's or appl leant 's organization suoh that if a person identifies sane poten-tial &afety infonnatto1,, the *infol'ffl&.tion will be frBely provide(l to the appropriate canpany officials to detennine its safety significan.ce e.nd report-ability to the Caimission. \\\\hi le proposed p&ll"agtap, Cb).defers to the 1 icensee Is. jud@?1ent of ttie sig-n if icence of information, the licensee's "identification" of the significance_ ot:" the informs.Hon need not be in the fonn of a specific doc1.J11er.ted decision befot*e e. violation of the rule exists for fei lul'e to report. Afo. applicant 1s or licensee's recognltion of information as significant could be* established by the fact tha ti (l>J(::J specifia me~ttngs were held to discuss the matter, analyses perfonned or

other internal actions taken to evaluate the m&tter. In addition, abuse of a licensee's responsibility under paragra{il (b), if not punishable as a viola.tion of p9.ragraph Cb). could be ad.dressed by the Cannission under its authority to issue orders to modify, suspend or revoke e. license. For examp1e, an order would be appropriate \\\\tlere the action of a licensee in not recognizing the significance of the information and failing to report it, together with other relevant facts, raises serious questions about either its ca>>petence, i.e., its *ability to e\\'8ll.l8.te information. or its trustworthiness, i.e., its failure to consider potentially significant infonnation for 'evaluation. (b)(5) \\ a charge of 1m-terial false statement is equated by the public and most people in the industry with lying and int~t~on to mislead. Yet under the current *policy. a materiel false statanent under the Atanic Energy Act csn be either an affirmative state-n>E!l1t, oral as we.11 as written, or an emission, and can be unintended and il'llld-vertent as wel I as intentional. 'Ihe Advisory Qm:oi ttee conchided that enforcenent of accuracy in camrunications by citations for a material false statenent was "too blunt and heavy an instrur,ent to be effective in achieving improved accuracy and canple~eness of infonnation given to the NBC by 1 ioens-ees.11 The Ccmnission agrees. 'lhe free flow of information* fran applicants and licensees is essential to the effectiveness ot' the 'NP.C's regulatory program. A policy of sanctions for inaccurate inform&tion which has the possibility to impede infonnation fl~,. o~ which causes licensees to oonoentrate on limiting nnd qualifying what they say rather than on the quality cf tho information r,ro-vided in order to avoid being char-geu with lying, does not serve the public

"".15-interest.1 (b)(5) (b)(SJ l* (bJ(5)

I I tQ I

,. *......,.,....'IWI.... -*--._,. *------* _ (b)(5) 'lllese regulations are being issued under the Catmission*s autho~ity in sections 62, 63, 65, 8t,. 82, lOS, 104, 16Ho) 1 182, and 274 8.S \\'18ll as 186 o( the Atantc Energy.Act of 1954, es amended. bhi le section 186 cen be read aa addressing only material false stat<<Dents made in certain conte1:te, the scope of the O:mnisston responsibilities under the Atanic Energy Act c,f 1954, as amended, and the.Energy Reorge.nizatton /\\ct Qf 1974, as well as the.Caimission's decision in _the VEPU) case and subsequent enforcment actions under the.t .~ stahment of the law, 111ake it clear that the Calmiesion has the inherent authority to require cannunications with the egency on regulatory matters to be cc:mplete and*accurate rega1*dless of their context. Under section 186 of the Atanic, Energy Act failure to observe any of the terms or provisions of any regulation of the Camiiss.ion is an explicit 'basis fer revocation of a l ioense. '!hue, with the . prauulg&tion of this regulation it will be unnecessary to label s. ca11ra.mication \\ failure a material false sta.hment in order to take anforcanent lllctton. A violation of paragraph Ca) or (b) of this proposed iule could bo grounds for revocation of a license or grounds for imposition of civil pena:.ties under section ~34 of the Atomic Energy.Act.

18-

'lbe Carmission's er.istlng mate~ial false statement policy is ourrently reflected in the General Statenent of Policy and Procedure For tlP.C Enforcement _) Actions, 10 CFR Part 2, Appendix c. Modifications to this policy to reflect the new rules and the changes to CamJission policy announoed here will be .made at the time a final rule on this subject is adopted by the Cannissicn. With respeot to tbe proposed amenanents to 10 CFR Parts 30, 40, 50, 60, 61, 70, 71 and 72, the NRC h,s determined that the proposed rule is the type of nction described in categorical exclusion 10 CFR 5I.22Cc)C3). 1he NRC hes also dP.tErmined that the proposed. amenauents to 10 CFR Parts 55 and 150 meet the eligibility criteria for the categorical -~xclU$ion described in 10 Cr'R 51.22Cc)Cl). Accordingly, neitbe~ an envi~onnental impact statf!rl'lent nor an environnental assessment has been prepared in connection with the issuance of the proposed rule. lbis proposed rule would add a specific information collection _requirenent

that is subject to the Faperwork P.eduction Act of 1980 (44 U.S.C. 3501 et seq.). 'This pt'oposed rule wi 11 be su'tmitted to the Off ice of Managenent and Budget for review and approval of the paperwork requirement.

RlD1LA1'CllY ANALYSIS '.llle ~ission's current requirenent fer accuracy and O<DJpleteness of in-formaticn provided to the Co'llnission is specified in the adjudicatol')* decision rendered with reijpect to an enforcEJnent action takan against Virginia Electric

'Y ,........,................. ~. ~* _..,* Power Conpa.r.y in 1976. 'lbe ptoposed rule would articulate this requirenent. \\'klich governs t~e day-to-deiy interactions between NBC personnel and licensees and a.pplictants, in a r~gulation issued under the Carmission 's general authority to est&bl i sh instn1ct ions for the. provte ion of inf orma*tion and rep:>rts to the Cormisston rather than by interpretation of the material false statement prov!.. sion of Section 186 of the Atanic Energy Act in an adjudicatory decision. Ccxl-ifying this requirement is preferable to the only alternative which is continued reltance on the adjudicatory decision as tb~ only statement of the requirement. ('(ldification of the l'equirement w111 V,ive the regt1lated oamrunity mQre e:qJJicit and accessible notice of the standards of accurac3r expected of it and will give the Cmmission greater flexibility to enforce theE;ei standards without unnecessarily applying the label '11!8terial fat se statement to ccnmuni~ cat ions fran licensees and appl iaants. In view of the ext ens iv(1 public* can-. mt.'Tl ts. and the reca,inenda tions of t~e Advisory Cal111i ttee for lwv:iE,w of the Enforof.Jllent Pol toy received.in response to the Coxmission's reqn~st for evalua-tion of the existing praoticf'! and proposed changes to it. it is ilpparent" that this proposed rule is. the preferred al tel'nAtive and the cost enud ted in tts ) pranulgation and application is neoassary and appropriate. 'lbe foregoing dis- , cusston constitutes th-e regulatory onalysis for this proposed r*Jle. Toe pl'oposed rule cadUies the existing obligations of appl foants end 1 i-censees to provi.de informa.tion relating tQ licensed activities *"11ich could have significant implications for those activities and to assure that nll infonno.- tion provided ts canplete and ~ocurate in ell materiel respects. 'Ihe Cannts-sion has determined, therefore, that tho ba.ckfit rule. 10 CFR so.109, does not apply to the proposed rule, llle rule is purely amiinbtrative in natur_~. ar.d therefore does not result in the 1'modification of or addition to systens,- struct~res, canponents, or design of a facllity *** or the procedures or organ- \\ hat ion required to design, construct, or operate* a facil tty, ** " See 10 t'FF. 50.109(a)(l), aIDUI.A'.llllY Fl.EXIE ILI'lY CERTIFICATI(llf As required by the Regulatory Flexibility ~t of 1980, 5 u.s.c.. 605(.b). the Ccmuiss1on certifies that this l'Ule, if adopted, will not have a signifi-cr.nt economic impa*ct upon a substantial n~ber of small entities. 'lbe proposed rule, which will affect large and smal I I icensees alike, merely codifies an . existing requirement, establ isbed through an adjudicatory decision, tha_t ell information provided to the Cormisslon relating to licensed activiiies be can-plete and accurate in al 1 material respects *. In addt tion, the proposed rule. if adopted, would reduce the existing burden on licensees because t~e full dis-closure aspect of -the current judicially 'lmposed requirement has been modified to limit it to that information which the licensee i~self has determined has a significant implication for lic~sed~activiti~s.

Any small entity subject to this regulation which detenoines that, because of its size. it i's likely to bear a disproportionate adverse eoonauic impact should notify -the Ccmnission of this in a cannent that indicates the fol lowing:,

fa) The 1 i~ensee 1s size,in tenns of annual incane or revenue. and nunber of anployees; Cb) How the proposed regulation would result in a significant econanic -burden upon the licensee as canpared to that on a larger licensee;

~ ...... J.... "lflt-.i __...,., ___... ____ \\ ~21-fo) Hew the proposed t-egulatfons could be modified to take into account the licensee's differing *needs or capabilities. Lllrr OF Sl.~OC"l'S IN 10 CFR PARIS 30, 40, 50, 55

60, 61, 10, '11, 'i:! and 150 Part 30 - Byprcduct material, Label fng. Nuclear materials, Packaging and containers, Penalty. Radiation protection, Reporting requirements. Scientific equipnent.

Part 40 - Ooverrrnent contracts, lu\\zardous mate1'tals - transportation, Nu-clear materials, Penalty, Reporting requirenents, Source 1T1t1teris.J, Oranhm, Part 50 - Anti trust, Classified infonnation, Fire preventtc,n, Intergovern-mental relations, Nucles:r power plants and reactors, Penalty, Bll.dintion protec-tion, Reactor siting criteria. Reporting requirsnents. PH.rt 55 - Mt.npCM"er training programs,.Nuclear power plants and re~ctors, Penalty, 'R(iporting requtranents. Fart 60.. High-level waste, Nuclear power plants and reactc,rs, Nuclear ro&.terials, Penalty> Report in~ requirements, Waste treatment and disposal. Part 61 - Low-l!Wel waste. ?.uclear materials, Penalty, Waste treatnient and disposal. Pert 70 - Haurdous materials - transportation, Nuclear ma*:t!rial s, Paekag* ing end containers, Penalty, Radiation protection, Reporting l'e<<]Uirenents. Sci-entific E!quipnent, SE!ctirity mea.sutes. Special nucleal" material, Part 71 - Hazardous mate:t'ials - transportation, Nuclear rmterial$, Packag-ing and containers, Penalty, Re~orting requiranents. Part T2 - ManpowE!r training programs. Nuclear naterials, O~cupational saf.ety ar.d heel th, I-<eporting reQ.Utrements, SecuritJ measures, S1~ent fuel *. Part 150 - Hazardous materials - transportation. Jntergovernnental rela-tions, Nuclear materials, Penalty, Reporting requirElnents, Security measures, Sour~e 111aterial, Special nuclear roo.terial. For the reasons set out in the preembl e and under the authority of the Ataoic Energy Act of 1954, as amended, the Energy Reorganization.Acf of 1974, as ameMed, and 5 U.S.C. 553, the :till~ is proposing to adopt the fol Jawing emenanents to 10 CFR Parts 30, 40, 501 55, 6-0, 61, 70, 71, 72 and 150. PART 30 - mJLES OF <>>mRr\\L APPLIQ\\BILI'IY 'IO IXMES'l'lC - . Lia.NSOO OF ~ MAlmIAL

1.

'Ibe authority.citation for Part 30 ls revised to read as follows: .AU'llllll'l'Y: Secs. 81, 82, 161, 182. 183 1 186~ 68 Stat. 935. 94S, 953, 954, 955, as amended, sec, 234, 83 Stat. iil-44, as emended (42 u.s.c. 2111 6 2112, 2.201, 2232, 2233,.2236, 2282) ~ eecs. ZOl, as amended, 202. 206, 88.Stat. 1242,

1244. 1246 (42 o.s.c. 5841, 5842, 5846).

Section 30. 7 also issued under Pub*, L 95-601, sec. 10, 92 Stat. 2951 < 42 u.s.c. 5851). Section 30.34(1)) also is.~ued tmder sec. 184, 68 Stat. 9S4, &s emended (42*0.s.c. 2234), Section 30.61 also issued under sec. 187, 68 Stat. 955 C4~ U.S.C. 2237). For purposes of sec 223. 68 Stat. 958, as amended (42 U.~.c. 2273)i SS 30.3, 30.34{b) and Cc), 30.41Ca) and <c), and 30.53 are Issued under sec. 16lb., 62 Stat. 948 as emended (42 u.s.c. 220l(b)); and§§ 30.6* 30.9,*30.36 1 30.51, 30.5:, 30.55 and 30.56Cb) and (c) are issued under sec. 1610. 68 Stat.

950, as amended C 42 u.s.c. 2~01(o)).

- 111*-*tmil 1.,..........,........,....... ____,,

-23~

2.

Imneciately foll°'1rtng § ao.s. a new *s 30.9 is added to reacl. aa follows: § 30.9 Completeness and Accuracy of Informt1.tion Pr?vided_ tc~ Cmmission. (b)(5)

b.

F.ach applicant or licensee sha 11 notify the Catmiss ion of inf orma. tion identified by the applicant 01* licensee as havtng for the regulated i,ctivity a significant implication for public heo.l th nnd safety or omrnon defense and security. An applioarit or license13 violates this paragrapl only if the ap,plicant or licensee fa.Us to IU)1 ify the Can-r.:lission of irifonnation that. the applicant ur li.oensee bu identified us having a siwiificant implication for public heolth and safety or cmmon defer.se and securtty,. Notif ica.tion shalt be p:l'ovided to the Aaninisu*ator of the 8pPI'oprfate Regional Office within two working days of identifying the information. 1bis requirenent is not / applicable to infonnation which ts already required t,:) be provided to the Ccnmission by other rP.porting or updating requi:r11JJents. (b)(5J

(b)(5) P.t\\RT 40 - OODI'IC LlefNSOO OF &lJRCE N'IATERIAL 3, The authority oi'tation for Part 40 is revised to read as follcws: AU!ll:Bl'l.Y: Sece. 62, 83, 64. 65, 81, 161, 182, 183, 186, 68 Stat.

932, 933, 935, 948, 953, 954, 956, as amended, sec.s. ll(e)(2), 83, 84, Pub. L, 95-604. 92 Stet. 3033, as amended, 3039, seo 234, es* Stat. 444, as amended {42 u.s.c. 2014(e)(2), 2092, 2093,. 2094, 2095,' 2111, 2113, 2114, 2201, 2232, 2236, 2282); secs. 274, Pub-L, 86-373, 73 Stat. 688 C4i u.s~c. 2021) i secs 201, as amended, 202, 206, 88 Stat. 1242, as amended, 1244, 1246 (42 u.s.c. 5841, 5842, 5846); sec, _275, 92 Stat. 3021, as amended 'b)* Pub, L, 97-415, 96 Stat, 2067 (42 U.S.C. 2022).

S~ction 40.7 also issued under Pub. L. 95-601, sec. 10, 92 Stat. 2951 (42 u.s.c, 5851). Section 40,3l(g) also issued under sec. 122, 68 Stat. 939 (42 u.s.c. U5t). Section 40,46 also issued under sec, 184, 68 Stat'. 954. as amended (42 u.s.c. 2234). Section 40.71 also issued tmder St;lC, 187, 68 Ste.t. 955 (42 U.S.C. 2237). For the purposes of sec. 223, 68 Stat. 958, as amended. (42 u.s.c. 2273)', U 40.3, 40.25(d)(l)-(3), 40.35Ca)-Cd), 40.4l(b) and <c>. 40.46,

.............,,..,..... ~.-----*---.... -*-*-. 40.51(a) and (c), and 40.63 are issued unde~ sec. 161b, 68 Stat. 948 as eJT1ended, (4~ u.s.c. 220Hb)): and§§ 40,5, 40.9~ 40.25Cc), Cd:H3) 9 and (4), 40.26Cc)(2), 40,35(e}, 411 *.C.t, 40.61, 40.62, 40,64 and 40.65 are is-sued und~r sec. 1610, 68 Stat. 950, as amended (42 U,S.C. 2201(0)).

4.

lmnediately follO'lring § 40.8, a new§ 40.9 is added to l'ead BS follawa: § 40.9 CClnpleteness and.Ao<?lJrac~r.of Informatton Provided. tc~ Caimissior,. (bJ(5)

b, Each applicant or licensee shall notify the Cmmiesior1 of information identified by the applicent or licensee as having for the regula.ted a.divfty a significant implication for public heal th E1nd safety or camion defense and security.

.Ari applicaut or lici!!lnsP.,i viol a tee this paragraIXJ only if tbe applioont or licensee fails to t1otify the Can-mission of informatl~o thnt the applicsnt or licensee has identified us having a significant implication for publ io health and safety or camion defense and security. Notification shall be p1~ovided to the Aaninistre.tor of the a~propriate Regional Office with:ln two working* days of identifying ttie *information. 'Ibis requirement ts not applicable to infonnation which _is already required tel be provided to the Cc.ctmission by other reporting or updating requlrunents.

-:6-ib)(5) PARr 50 - IOIF.Sl'IC LICffiSOO OF miu:r1W.AND tTl'ILIZATICN FACILITIES 5, llle authority citation for Part 50 is revisP.d to read as follows: .AUIH'.lU'lY: Secs, 10S, 104,.161, 182, 163, 186, 189, 68 Stat. 936, 937, 948, 953, 954, 955, 956, as emended, sec. 234, 83 Stat. 1244, as amended <42 U.S.C. 2133, 2134, 2201. 2232, 2233, 2236, 2239, 2282): secs. 201, 202, 206, 88 Stat, 1242, 1244, 1246, as amended (42 u.s.c. 5841, 584~, 5846), unless otherwise noted. Section 50,7 also issued unde~ Pub. L. 95-601, sec. 10, 92 Stat. 2951 (42 u.s.c~ 5851). Sections 50.58, 50,91 and 50.92 also issued under Pub. L. 97-415, 96 Stat. 2073 (42 ~.s.c. ~239). Section 5D,78 also iesued un-der sec. 122, 68 Stat. 939 (42 u.s.c. 2152). Seotions 50.80-50.81 also

..... ~ ........ """"'_._...,....,~.. ---*--*. tesued. under sec. 184, 68 Stat. 954, as amended (42 u.s.c. 2234). Sec-tions 60.100-50.102 also issued.under.sec. lBG, 68 Stat. 955 (42 U.S.C. ~236). For the purposes of seo. 223, 68 Stat. 958, as amended C4Z u.s.c. 2273, §§ 50.lO(a). (b), and Cc), 50.44, 50.46, 50~~8, 50.54. 1 and 50~80Ca) are issued under sec. 1611:i, ss* Stat. 94S, 88 amended (42 u.s.c, 2201Cb)); §§ 50.lOCb) end (c) and 50.54 are issued under sec. l61i, E,8 Stat. 949, as emended C42 u.s.c. 2201'1)); and U 50.9, 50.55(e), 50.59(b), 50.'10, 50.11, 50.72, 50.73, nnd 50.?8 are issued under sec. 1610, 68 Stat. 950 1 as emended (42 u.s.c. 2201(0}).

6.

lmnediately folla.o,ing § 50.8 a new§ 50.9 ts added to read as follows: § 50.9 £5n1Plet~!,1~Ss and Aecuracx of lnfol'lmtion Provided tc1 :the Ccrrmission. (b)(5)

b.

l~ch appl ioant or l iceneee shat 1 notify the Cannission of information identified by the applicant or 1 icensee as having for *t11e regulated activity a eignif icant implication for public health nnd safety or cannon defense and security..An applice.nt or l icenseo viole.tee this parag:rap, only if the applicant or licensee fails to notify the Con-mission of information that the applicant or licensee _has identified ns having a significant iniplication fer public., henl th and safety or

camion defense e.nd security, Notification shall be provided to the Mniniatrator of the appropriate Regional Office within two working, days of identifying the informu.tion. 'lllis requirement ts not $ppltcable to infonnation v.hich is already required to be provided to the Cannission by other reporting or updating requirements. (b)(6) PARl' 55 -. OPERAlmS' LICENSF.S

7.

lbe authority citation fer Part S5 is revised to r~ad as followa:. AIJUOU'lY:. Secs. 107. 161, 68 Stat, 939. 948, as amended C 42 u.s.c.

2137, 2201); seoa. 201, as emended. 202, 88 Stat. 1242, as BmE:nded, 1244 (42 u.s.c. 5841. 5842).

q*--ll!'f'91**.................. __..,,..,.. ___ _ Seotton ss.,o also ieeued under secs. 186, 187, 68 Stat. 955 (42 u.s.c. 2236, 2237). For the purposes of sec. 223, 68 Siat;-958, as amended r42 u.s.c. 2273), 6S 55.3 and 55.31(a) - Cd) are issued under sec. 16li, 68 Stat, 949, _as emended C.42 u.s.c. 2201Ci))i and §§ 55,9 and 55.41 are issued un-der sec. 1610, 68 Stat. 950, as e,nended (42 u.s.c, 2201Co)).

s.

lmnediat_ely foll01¥ing 6 55,Ga. a new § 55.tib is added to read as follows: § 55.6h CCllipleteness and Aocuracy of Infot'lliation Provided, to the

Caonission, (b)(5) b, Each applicant or licen.see shall notify the Cannission of information

.identified by the* _applicant or ltoens.ee a~ -having for the regul e.ted ** activity a significant impJicatior1 for public health und safety or camion defense and security. An applicant or l icenSet! violates this paragraph only if the apPlicant or licensee fails to notify the Can-mission of information that the applicant or licensee has identified 11s ha.,iing 8 significant implication for public heal th Etrid safety or cannon d~fense and security. Notification shall be p:rovided to the Aaniniatrator of the appropriate Regional Office within two working days of identifying the information. lbis requfranent is not '1

' applicable to infonmtion..mich ie already required to be provided to the Cannission by other reporting or updating requirE111ents *. (b)(5) PAR'I' 60 - D1SPOSAL OF HIOH I.arEL RADIOACTIVE WM'IES IN GlXl.aiIC REPOSI'ICBIES

9.

'llle authority ci1a tion for Part 60 is rev.bed to read as follows: AU.lllP.I'IY: Secs.* 51, 53, 62, 63. 65. 81, 161. 182, 183, 68 Stat.

929, 930. 932, 933, 935, 948, 953, 954, as smended (42 u.s.c. 2071, 20'13.

2092, 2093, 2095. 2111, 2201, 2232, 2233), seas 202~ ~06. as.Stat. 1244, 1246 (42 O.s.c. 584~. 5846); secs. 10 and 14, Pub. L, 95-601, 92 Stat. 2951 (42 u.s.c. 2021a and 5851); sec, 102, Pub. L. 91-190, 83 Stat. 853

~~"" -**-*-*-*---.. ----*---*-* ~31-C42 u.s.c. 4332); sec. l~l. Pub. L. 97-425. 96 Stat. 2228 (42 u.s.c. 10141). For the purposes of sec. 223, 68 Stat, 95&, as amended (42 u.s.c. 2273), &5 60,8a, 60.71 to 60.75 are issued unde~ seo. 1610, 6S Stat. 950. &$ amended (42 u.s.c, 2201(0)). HJ, lnmediately following § 60,8 a new S 60.Sa ie added to reacl 11,.s follows: § 60,tia Canpleteness and Acc:rutacy of lnfofflJ!ltion Provided to the C<nmiasion. (b)(5) b, Each applica1,t or.licensee shs.11 notify the Carmissior. of information identified by the applicant or licensee as having for the regu!ated act.ivi.ty a significant implication fol' publil! health a.nd safety or CQIIJJOTI defense and security. M applicant ot licenseE, violates this pa1.'agraph only if the appl i.c&nt or licensee fails to r.,otify the U:m-mission of information that.the applicant or licensee has identified . as having a significant implication for public health and safety or cannon defense and security. Notification sha.11 be p1*ovided to the Mninistrator of the approprte.te Regional Office withi\\'l; two *working days of identifying thA infonnation. 'Ibis requiremen1' is not 1 \\

-32~ applicable to information which is already required to be provided *. to the Comlission by other reporting or updating requirements, (bj(5j

11. The authority citation for Part 61 is revised toJ read as follows:

AIJ'll(RI'!Y: Secs, 53, 57, 62, 63, 65; 81, 161. 182. 183, 68 Stat. 930. 032. 933, 935, 948, 953, 964, as amended (42 u.s.c. :;013, 2077. 2092, 2093, 2095. 2111, 2201, 2232, 2233); secs. 202, 206, 88 Stat. 1244, 1246, ( 42 U.S.c. 5842. 5846); sec~. 10 and 14. Pub. L. 95-6Ql, 92 Stet. 2951 (4.2 U.S.C. 2021a and 5851), For the purposes of Sec, 223, 68 Stat. 958, as amended, ( 42 u.s.c. 2273): Tables 1 and 2, S§ 61,3, 61.24. 61.25, 61.27(a), 61,41 through

,.,..._._...,....,, - 1111n1..,._,__, _ _._.. __________. 61.43, 61.52, 61,53.* 61.55, 61.56, and 61.Gl through 61.63 Issued under sec. 161b, 68 Stat. 948, &8 amended C42 u,s.c. 2201Cb)); n 61.Sap 61.10 through 61.16, 61.t4, and 61,,80 issued under sec, 1610, 68 i:l'tat. 960, as . amended ( 42 u,s.c. 2201(0)). 12, Inrnediately fol lmri.ng § 61.8, a new § 61.Sa is added to read 11.S follows! S ol.8a Ccrnpleteness and..Accuracy of Information Provided t~ ~iss~. (bJ(5J

b.

Ee.ch ~pplicant or licensee shall notify the CamJission of information identified by the applicant or licensee es having for the re(?\\11Bted activity a significant implication for publio health and safety or cannon defense and se9urity. An applicant or licensee violates thi& paragrapi only if the applicant or licensee faUs to n.otify the Can-mission of infoma tion that the applicant or licen!'!ee has _identified as having a sigr1tf icant imp1 ication for puhl fo heal th and satiety or cannon defense and security. Notification shal I be pr*ovided to the /:idminlstratQ~ of the approp~iate P.egionaf Office within two working days of identifying the information,. 'Ihis requiranen1 'is not applicable to infomi&.tion which is already required tc1 be provided to the Carmission by other reporting or updating reguiranents. (b)(5) PAR.r 70 - InmSTIC LICl!NSOO OF SPa::W.. :NUCLF.AR MA'IERIAL

13. 1h~ authority citation for Part 70 is revised to read as follows:

.AIJ'Il-lE.l'lY~ Secs. 51. 53 1 161, 182, 183, 68 Stnt~ 929, 930, 948, 953, 954. as amended. $eo. 234. 83 Stat. 444, as amended (42 U.S.c. 2071, 2013, 2201, 22U, 2282); secs. 201, as amended, 202, 204, 206, 88 Stat. 12!2, as .wneoo.ed, 1244, 1245, 1246 (42 u.s.c. 5841, 5842, 5845, 584&). Section 70.'l' also issued under Pub.. L. 95-601, sec. 10. 92 Stat. 2951 (42 u.s*.c. 5851). Section 70.21Cg) also issued ut1der sec. 122, 68 Stat. 939 (42 u~s.c. 2152). Section 70,31 also issued* under sec. 57d, Pub. L. 93-377, ss Stat. 475 C 42 u.s.c. 2077) *. Sections 70,36 and 70.44 al so is-sued under sec, 184, 68 Sta.t. 954, as amended (42 U.S.C. 2234). Section

\\ 70.61 also issued under sece *. 186, 187, 68 Stat, 955 (42 U,S,C. 2236, Z237). Section 70.62 e.lsQ issued under sec. 108. 68 Ste.t. 9-39, as amended (42 u.s.c. 2138). For the purposes ot' sec. 223, 68 Stat. 958, as amended (42 u.s.c. 2273); S§ 70.3, 70.19(c), 70.2lfo), 70,22(a), Cb), (d) - (k),.70,24(a) nnd Cb), 70.32Ca)(3), C5), (6) 1 (d), and Ci), 70.36, 70.39Cb) an,d Cc)~ 70.41Ca), 10,42(e) and Cc), '10.56, 70,57(b), C.o), and (d), 70,5B(a)-Cg)(3) and (h)-Cj) are issued under seo. 161b, 68 _Stat. 948, as 8n!ended (42 u.s.C. 2201Cb), S 70.i, 70.20a(e) and Cd). 70,20b{c) and (e), 70.2l{c), 70,24Cb), 70.3ZCaH6), Cc), C.d), Ce), 11.nd (g), 10.:n,. '10,51Cc) - (g}, 70,56, 70,57Cb) and Cd), and 70,58Ca)-(g)C3) and (h)-(.j) at'e issued und'Jr sec. 1611, 68 Stat, 949, as emended C42 u.s,c. 220l(i)); a~d SS 70.5, 10.9, 70,20b(d) and fe), 70.38, ?0,5l(b) and (i), 70.52, 70.53, '10.54,

70.55, 70.58Cg)(4}, Ck), and (1), 70,59 and 70.60<b) and Cc) are issued under sec. 1610, S8 Stat. 950, as amended (42 u.s.cA 220lfo)).

14.

Inmedlately follO'l~ing S 70.B, a new S 70.9 is added to reac. &B follows: § 70. 9 Ccrnpl eteness and Acc1,1racy of Infol'fflS.tion Provided tc~ Cannission. (b)(5)

b.

F.ach applicant or licensee shal I notify the Ccrxmtssiot1_ of lnfonna.tion identified by the applicant or licensee as h~vin~ for the regulated activity a significant iq>l icatfon for public heal th and safety or cmmon defense and security. An applicant or licensee violates this pe.ragratx1 only if the applicant or licensee fails to notify the can-mlsston of information that the applicant or lioeneee has identified as having a significant impl icatton for publ lc heal th and *safety or cCJmJOn defense and security, NottfJcatlon shall be provided to the_ Mninietrator of the appropriate r.egtonal Office within* two WOI'king dsys,of identifying the infonnation. 'Ibis requirenent is not applicable to information which is already required to be provided to the C<nmission by other reporting or updating requirenents. (b)(5) PARr 71 - PN.:10000 ANO 'JRANSPCRtAl'lCN OF BADlO.ACl'l\\'E MA'l"'ERJAL

... ~llllrl'.....,.................,._...._.. ________ _ l!!i. 'llie authority oitntion for Part n i, revised to read as folli:MS: AIJIHJU'IY: Secs. 53, 57, 62, 63, 81, 161, 182, 68 Stet, 930, 93~, 033, 935* 948, 953, 954, ei.s amended (42 u.s.c. 20'2'3, 2077, 2092, 2093, 2.ill, 2201, 2232, 2233); secs. 201, as amended, 202, 206, 88 Stat. 1242, as amE:nded, 1244, l246 (42 U,S.C. 5841, 5842, 5846). Section 71,97 also issued under sec. 301, Pub. L 96-2S5 1 94 Stat. '189-790, For the purposes of sec. 223, 68 Stat. 95G, as amended. (42 U.s.c, 2273); SS 71.3, 'll.4:1, _71.45, 71.55, 71,63(a) and {b), 71,E;3, '11.*85, 71,87, 71,S9, and 71,97 are issued under seo. 181b, 68 Stat. 948t as &1Mnded (42 u.s.c. 2201(b)); ano U 7l,6(b), 71,6a, 71,91 1 71.93, ?i.95, and 71.lOl(a) are issued under se.c. 1610 1 68 Stat. 950, as amended (42 u.s.c. 2201(0)),

16.

lnmediately following S 71,6, a new§ 71.6a is added to ree.d as follows: § 71,6a Canphitenese and Accura':1: of Information Provi~ed to the Carmission. (bl(5) b, Each applicant or lioensei:! shall notify the Cam>iasion of infomia tion identified by the a.pplicant or licensee as having for the regulated nctivi ty s significant iropl ication for public hea.l th tLnd eaf ety oi' camion defense and security. An applicant or licensee violates this paragraph only if the applicant or licensee fails to notify the Cc:ni-mission of infonuation that the applicant or licensee has identified ae having a significant implication for public health and safety or CClffl'IOn defense a.nd security. Notification shall be provided to the .Administrator of the appropriate Regional Office within m1> working days of id~ntifying tne infonnation. lbis requirement ts not applicable to information,mich is already required to be provided 10 the Camlission by other *reporting or updating requiren1ents. (b)(5) PAKI' 72. - LICFNSim REQJI.Rl:MFNIS Fm 'IUE S'J:OR/lGE OF SPJ:Nl' RJEL IN AN INDEPIMlmr SP&ri' l!"UEf., S'roWlE IlmALIA'l'IW <ISFSJ)

......_..,l!fll~.....,,.._-,_ .. _______ _ 17. The authO'l'ity citMion for Pa.rt 7:} is revised to r.ee.d as foll~: bL"lllllIT.!: Secs. 51, 53, 57, 62, 63, 65, 69, s1. ua, 182, 183, 184, 186, 187, 68 Stat; 929, 930, 932, 933, !34. 935, 948, 953, 9~4, 955, ae amended, sec. 234. 83 Stat. 444, as amended C42 u.s.c. 2071, 2073. 2077 1 2092, 2093, 2095, 2099, 2111. 2201, 223!. 2233, 2234, 2236, 2237, 2282); sec. 274, Pub. L 136-273, 73 Stat. 6.88, as emended (42 u.s.c. 'il02l); sec. 201, 202, 206, 88 Stat, 1242, 1243, 1246. es emended (42 u.s.c. 5841. 5842, S846); Pub. L. 95-601, sec, 19, 92 Stat,*2951 (42 u.s.c. 58Sl); sec. 102, Pub. L.91-190 1 83 Stat. 853 (42 U.S.C. 4332). Section 72.34 also issued under sec. 189, 68 St~t. 955 (42 u.s.c. 2239); sec. 134, l?ub, L 97-425, 96 Stat. 2230 (42 u.s.c. 1C154), For the purp:>ses of sec. 223, 68 Stat. 958, as amendec. (42 u.s.c. 2273): §§ 72,G, 72.14, 72.15, 7~.17(d). 72,19, 72.33(b)(l), (4)i (5), (e), (f), 7i.36Ca) are issued under seo. 161b, 68 Sh\\t. 94E:, as amended* (42 U.S.C, 2~01Cb)); S6 72.10, 72,15, 12.17Cd), 72.33Cc), (d)(l), (2), (e), 72.81, 72.83, '1'2.84(a), 72,lll are issued under sec. lEili 1 68 Stat. 949, as amended (42 u.s.c. 220l(i)); and §§ 72.9a, 72.33(b;*C3), (d)C3), (f), 72.35Cb), 72,50 - 72.52, 7~.53Ca), 72.54Ca), 72.55, ~~.56, 72.SOCc), 72,84(~) are issued. under sec. 16lo, 68 Stat. 950, as amended (42 o.s.c. 2201' o)).

18.

Imr.ediately following S 72.9 a new§ 72,9a is add.Qd to read es follows: § 72.9a £a!!pleteness *and Accuracy of Infol'l'lllition Provided *:o the Cannission.

( (b)(6)

b.

F.ach applioant or licensee sbal 1 notHy the Camlission of inf orrua tion

identified by the applicant or licensee as having for the regulated.

activity a significant implication for public health and safety or cOIIJJOn defense.and secUl"ity *.An applicant or licensee violates this paragraIXJ only if the applicant or licensee fails to notify the Can-1 mission of informat'ion that the ~ppl icant or licensee bas identified as having s _signifieant impl ic£1tion foi-public heal th and safety or cCJ111J()n defense and security. Notification shall be provided to the Administrator of the appropriate Regional Office within*two working days of identifying the information. 'Ibis requirement is not ~pplicable to information \\itlich is already required to be provided to the Ccllmission by other reporting or updating requirEments. (b)(5j I

~... \\ (b)(5) l'AK.r 150 - EXEMPTICNS /W cx:Nl'INUE) RIGJJ.AtCity.AUllllU'IY IN ~n' STATES AND IM OFFSIDE~ t.mER SFCrI~ 274 \\

19. The authority citation for Part 150 continues to read as follows:

~I'IY: Seo, 161, 6C Stat. 948, a~ emended, sec. 274, 78 Stat, 688 (42 u.s*.c. 2201, 2021)'~ sec. 201. 88 Stat. 1242, as amended (42 u.s.c. 5841). Seotions 150,3, 150.15, l~0.15a, 150.31, 150.32 also issued. secs, lle(2), 81, 68 Stat. 923, 935, as amended, aeos. 83, 84, 92 Stat. 3033, 3039 (42 U,S,C, 2014e(2), 2111, 2113, 2114). Section 160,14 also issued under sec, 53, 68 Stat. 930, as emended C42 u.s.c. 2073). Section 150.11a also issued undet $ec. 122, 68 Stet. 939 (42 U.S.C. 2152), Section 150.30 also issued under sec, 234, 83 Stat. 444 C42 u.s.c. 2282). For the purposes of sec. 223, 68 Stat. 958, as amended (42 u.s.c. ~~73); 150.20(b)(2)-(4) and 150.21 $re issued under sec. 161b, 68 Stat. 948, as amended (,12 u.s.c, 220Hb)); 150.14 is issued under :sec, 16U

68 Stat. 949, as amended (42 u.s.c. 2201Ci)); and 150.16-150.19 and 150,20(b)(1) are issued under sec. 1610, 68 Stat. 950, as moanded. (42 u.s.c. 2~01(o)),

20, 'Ille introductory portion of §150,~0(b) is revised to read as follows: §150. 20 Recognition of A_sreE!J18nt Sta t11 licenses * . i

. (b) Notwithstanding any provision to the contrary in any specific license issued. by an Agreement State to a person engaging in activities in a non-Agremient Sta.te or in offshore waters under the general licenses provided in this sec;,tion, *the general I icenaea provided tn this section are subject to the provisions of SS30.7(a) through (e), 30.9, 30,14(d) and §§30.34, 30.41, and 30.51 to 30.63, inolueive, of Part 30 of this chapter~ §40.7(a) through (e) §40,9, and §§40.41, 40.51, 40,61, 40,63. inclusive, 40.71 and 40.81 of Part 40 of this chapter; and §70.7 (a) through (e), §10,9, and §§70.az, 70.42, 70.51 to 70.66, inclusive, 70.60 to 70462, inclusive, and 70.71 of Part 70 of this chapter; and to the provisions of Parts 19, 20, and 11 and Subpart B of Part 34 of this che.pter. In add i-tion, any person engaging* in activities in non-Agreaent States or in off-shore waters under the general licenses provided in this section: Dated at Washington, D.c. this --* day of -----* 1987. For the Nuclear ~gulato~y Carmission, Sarnue 1 J

tfi ilk Secretary of the Caimt~sion

ENCLOSURE C

n**-*"*1**1.,.,.,.,........,............. _____., ___ _ Enclosure C tlJCLEAR Rm.il.A'[(RY aMi1ISSIW 10 CFR P.ARI'd 30, 40, 50, 55, 60, 61, 'lO, 71, '72 and l.50 Ca11>leteness and Accuracy of Information l'DENCY: Nuclear Regulatory Q:rrmission. ~1.'lCJ,1: Proposed ru I e, 5(.1\\,faW\\Y: The NRC is 811'Jending its regulations to codif~: t11e obligations of li- . censeee and applicants foi licenses to provide the ~ission with canplete and accurate tnfonnetion, 1o maintain &ccurate*records and to provid12 for disclo-sure of information id~ntified b'J licensees as significant for licensed. activities, DATF.s: carment period expires [insert date thirty days fran date of Federal Register publicationl. Cannents received after this date will be considered if it ie practical to do i,o, but assurance of consicleration ts gtv~n only for can-ments recehred on or before this date, ~SES: Interested persons are invited to send written cannents or sugges-tions to the Secretary of the Ccrrroission, u.s. Nuclear Regulatory Ccrrmission, Washington, o.c. '20555, Attention: Docketing and Service Branch. Carments may also be delivered to Roarl 1121. 1717 H Street, N,W., Washington, D.C. between 8:15 a.m. and 5 :00 p.m. Copies of any canne,nts received may be examined at the .NRCPublic Docunent Roan, 17H H Street. N.w ** l\\Bsbington, n.c. 20555, FCR fUR'lHER IN.FCm'IATICN CX:N!ACI't Karen Cyr, Attorney, Office of the Gene~l Counsel, U.S. Nuclear Regulatory C'mmisston, Washington, D,C, 20555. Telephone~ (301) 492-7269. UPU'MENl'ARY I?ll~lW: Accuracy and forthrightness in ccmnunioations to the NRC by licensees and applicants for licenses are essential if tbe NRC is to fulfill its responsibilities to assure that utilization of radioactive mate~ial is. consistent with the heal th e.nd safety of the publ 1c, the camion defense and security and. the protection of the envirODMnt, Several provision~ of the Ata:uic F.oergy Act bighl i.ght Uie importance of accurate information. Section 186 provides that "Any licen~e may be revoked for any material f&lse statement in the application or any statanent of fact. required under section lS2,.,.n Seetion 182 provides that: '!be Ccomission may et any time after the filing at the original applica~ tion, and before the Gxpiration of the l ioense. require further* wr1 tten statanents in order to enable the CamJisston to dete~ine,mether the ap-pl 1cation should be granted or denied or wh4t~er a license should be DJOdi-fied or revoked. Al 1 applications end statements ehal 1 be signed by the applicant or licensee, Applications for.and statEIJl8nts made in connection with. licenses under sectlons 103 and 104 shall be made under oath or af-iimation. The* Coomission may require any other appl tcations or statenen1s to be made und.er oath or effil'IWltion * . 'lhis need fer accuracy ln ocmm.rnioations hae been ePIJiilo.sh:ed thrc*ugh the adop-tion in lio~msing provhi.ons, although not on a unifoffll baste, of requirenents regp.rdfog the sutmlssi.on of applications. ~ !:..I!..* 50,30Cb), 6f1.1<.l(d),

61. 20Ca). 7(1. ~::c e) and 72. llC'b).

The Ccmnieeion 'e expectation of accuHcy in cCJ?IIIUl1ications hll1B not been 1 tmited to written information subnitted in applications. 'lbe C<<J1mission's decision in an enforcement action taken against Virginia Electri1J and PCMer Co. established a caaprehensive requtI"E!ment for applicants and licen13ees to provide ccmplete.and aocurate informatjon to the Canuission. In the \\1'.EP(O ca$e, false ~tatenents were alleged to have been rnade in VEP<D's sub'nissiona to the Qmnls-sion on the geology of the North Anna site.

Cmiseions of infonmtion by VEPCO were also eval\\Ulted: tv;o were failures to present evidence at the Licensing 13otird construction permit hearings about suspected faulting and tllle ttrit"d ants.;.
sion,m.s VEPCO's failur.e to provide the Board or staff with reports prepared by its geology constil tant.

In its decision *. the Cmmission ooncl uded the. t the matet"ial fal~e statement phre.ee in the *Atanic Energy Act may &1)1:iropriately 'oe read to require ful 1 discJoe\\Jre of material data". Virginia Ele:£!ric, P~_r Cmll?!nx (North Anna Poaer Station, Units l and 2L CLl'."76.. 22, 4 N!C 480 (1976), aff'd., 571 F.2d 1289 (4th Cir. 1978). 'Die Catmission decided materiality is to be judged by whether infonnation hns a na turs.1 tendency or capebi 11 ty to influence an agency decisiormaker; the.t knowledge of the falsity of a material statenent is not necessary for a material false s*cEiterient under §il86 and that material omissions are actionable to the same ext,mt as affitrnative material false statanents.

Under this standard, both the written statanents r:and anissions made by VEPcn were subject to civil penaltbs. In ~ubsequent years, the Canntssion

took a nunbe).' of enforcanent actions far lllaterial' falae statm1ents. 'Ihese en-forceoent actions included the follovzing factual situations: aniesion of ln-fonnation al.lout receipt of d.rait reports during oral statenents made in an informal meeting between the etaff and a licensee; statements in a. telephone call, letter and oral briefing th(!.t mobile sirens forming part of a licensee *s pra:opt public notification system were installed and operntional,vwher. in fact they were not i oral statements to an~ inspeot~. *that 1 icensed imteriaJ had not been out of storage, when in fact it had been used: end errone~us state-ments in. response to an IE Bul leUn concerning the use of certain lubril'.!e.nts and.festeners.

'Ibe Coomission 's General Policy and Pl'ooedure for NRC Enforcement Actions, 10 CFR_ Part 2, App. c., original Jy published on March 9, 1982, C 47 Fed, Reg. 9987) specific~lly dealt with enforcanent for material false statements. ln March 1984, ~fter* sev~r~l }"Gars cf hendiing enforcenent caaes under the ~ holding and this* enforcanent pol icy, the (',mmfseion epecifioal ly sol ioi t-ed cannents on the issue of material false statenents *.Reeponsos to the fol-lowing questions were requested:

1) Has the Cam.Jission 's r,Tlphasis on 1118.terial false stateuents had a*positive ~ffect on the quality of cazmuntcations with the NRC or has it had a chilling effect on such camnmicatfons? 2) Should the definiiion of material false etatEtnent be changed to apply only to written statanents. subnittecl. under oath? 3) Should materiality be contingent upon the

safety significance of the underlying information? 4) Should ma"terial Uy be dependent upon actually inf Juencing an agency reviewer as opposed to having the

0 *..-.... Pltl,I

t!WI**~,,__,_.,._,._.. _,,.,... capability of influencing a reasonable agency revi8\\\\'er? 5) \\\\bat vn,uld the e;xpected effeot of such changes b8?

The Cmmission received caunents fran twenty-nine organizat"ions and indi-viduals, including utilities, law fim>a, utility associations, an architect engineer, an intervenor, an enployee at a nuclear factlitY1 and rDl!tibers of the publ tc. 'llle ccmnents a.re sunnarized 'below categorized into five pt*incipal

cuncerns, Threshold for Material False StatEl'J'lents - Most of the ocumanters suggested tnat the deftni tion of tnl!lterial false statanent which the Camlis:;iion had been

\\lsing since the.~ decision ir. 1976 is too broad. The VF.Pel),:?11t;e does not contain an actual definition of the term "material false stateme:~'t" but it does describe th~ elements of the phrase *. Unde~ that decision, a material false statanent may 'be an afl'innative statEtnent or an anisston. By implication, therefore, a material false statenent need not be in writing o~ under oath. It neeo not be made with knowledge of its falsity; it can ~ J,Inintentional ty made. sane oarmenters sought to 1 imit the defini tton by changing tlrle materiality standard. Sane augges1ted..that it should take into greater account the safety significance of the information. Others suggested that instead of merely hav-ing the capability uf influencing a reasonsb1e agency revie-.ve~, the statanent should be required to actually influence a reasonable agency reviewer. Q:nissions - Cicmnents criticized the e.pplioation of material ftllse state-ment to an anission. arguing that if the t-mc wanted to require full disclosure of material infonnation it*should clarify its J""eporting reqttit'f;II,ents to ind1-oate just \\\\bat infonnation is required to be disclosed. Legat Issues* A nunber of ccrunenters expressed the view that, as a matter of law. &.. tnaterial fa.tse statement must be sutmitted in writing and under oath fore power reactor, 1b1s c~nclusion was based on their reading or sections 186 and 1S2 of the Atanio Energy Aot that a material false statanent can exist only \\.-men the etatene.nt in question is contained in an application or aougbt by theN:tcunder eection 182,-of the.Act *. Section 182 provides that "applications for,. and statauents made in connection with, lioenacs under sections 103 and 104 [of the Act l shall* be made under oath or aff'innation." Not all aarrnenters favored restricting application of the term to only those statements uPder oath. Bone argued that s~ch a limitetion will only create a greater e.Qilinir trattve burden on the licensee,. because the Carl!iission will dB11Bnd that all correspondence be notarized. Negative Connota"tions - Many of the ca:JnEtnters focused on the adverse im-pact on-the integrity of individuals and lic~nsees ~ich they believe results fran a citation for a material false statE!Jlellt. In their view, a PJSterial false stetanent. is understood by the publio as a lie with all of the connota-tions of dishonesty trhich that entails. Largely because of these connote.tions. many carmenters utged that the d~finition of material false statE111ent be nar-rowed and Us ust! limited to those situations where intep-ity or honesty is actually at i&sue. Accordingly. sCllle suggested that it be reserved for inten-tional false statements. Oral Statenents - ~Iany carmenters also *rocused their criticism on the ap-plication of sanctions for material false statenents involving oral carmunica-tions since many of tho day-to-day contacts with the NBC are by telephone or through oro.I conYersations.with inspectors on. site. 'The ccmnenters indicated that the inclusion of these stat~nts in the definition of material false statements hfld a chilling effect on day-to-day ocmnunicatione to the detriment oi the regulatory process, At the til!M! the Cornnission solicited these carments. it also stattKi its intention to have an in-depth study of the enforcenent progrom po1*fom,ed by a email ca1111ittee of individuals selected fran outside the agenoy. 'Ihe Advisory Coomi tt~e fol' Revi~,r of the Enforcanent Pol icy was formally este.bl ished by the NRC on August 31, *1984 (49 FR 352'13. SeptB'llber 6, 1984). In add i Hon to con-sidering the carJnents already subnitted to the camtission, the O~IJ'ltittee solto- .t led further cmments fran interested persons on the extent to v~1ich the NP.e's Eiilforcanent pol icy had been aerving *the purposes announced by the Carmission, including the policy on material false statements. (50 FR 1142 1 January 9, 1985). Pvblic meetings were held by the Ccmui'ttee during which 4*6 wt tnesses drawn fran NRI: staff, J. icensees, industry p;rQups and law/oonsul ting gro~s ga"e testiDJony to the Ganni Hee, many caunenting on 'the material false statenent policy. In its*Report.suhoitted to the Counission r;,n Noverober 23, 1985 the Cannit-t~e made the following reccnrnendation: 'Ihe material false statenent policy should be changed to limit oita* tions for mate~ial false statements to written statemEmts or &lllDrn t8stiinany made knowing the statmient -was incorrect or made w'ith care-less disregard for correctness. If tnconect oral stE,tenents or aotssions are to be cited, it should be under another label. Toe Galmtttee concluded that the application of the label mater:.al fahe*state-ment to unintended and inadvertent statenents and Ollissions, as well as to in-tentional ones, wil! ul tiroately, if it has not already, impede *:he flow of information to tbe Cmmission. The evidence of growing ptteasu:rw toward limit-ing oral carmuniaattor.s was found to be especially apparent. Iti ad.di tion~ the labeling of honest errors as material false statements \\"8.S found. to have a "depressing effeot on utility staff morale" and to sane extent J imi ted e.n or-ganization '1:1 ability to. "ttecruit and retain capable staff." Qmntttee Report at 24. 'lbe indistinctness in defining 'M'lat is required to avoid a rnateri~l false statffllent citatiein for an antssion oreates an "uncontrollab1e and open-enc!ed liability for licensees, which, considering the high cost to ~he utility of such e oitatfon, is an "unreasonable and tmfair burden." Connittee Report at 26. In its meeting with the Cam:Jission on December 10, 1985, several of the Carriittee mfl!Dbers elaborated on their reccmnendation. Briefly, they indicated that oral cannunicstione ~an.be made 'by anyone within the licensee's organi2a-tion and, t.mlike written canxJUnications. the licensee generally has no way of controlling the exchange o~ of assuring that the stateinent in fact represents the licensee's position. It is very difficult as a matter of proof to recon-. struct what exactly was said for an oral statenent *. There will likely be dis-putes about 1M1at ls said and ~tiether the misstatement. if there v~s one, was intentional. ao~idental, neglige~t or rec:ikless. It is reasonable to reset'Ve the category of "material false statunents" to.written or sworn statanents where there is another mechanism for penalizing oral statSDents, !!.!I!..* as fnao- .curate information, and where the penalty can be as severe as for those state-ments labeled tnaterial false stateuents. If the C'.amlission persists in labelit1g oral statements as material false statonents, Cmmittee mBDbers reoan-mended that the c.atmlssion llmit and deftn~ the people in licensee organiza-tions who are capable of making oral material false statanents and pt"ovide sane description of the circunstances. in which thP.y have to ~ aware that they carry that li&.bil ity.

-9~ With ~espect to the citat1on of anissions as material false utatenents, several Cm~i ttee members indi~ted that it is such a wide open potential source of 1 iabil ity, that even though the nmber of such citations is smnll 1 the perception of vulnerability in the regulo.ted camnmity is pe1:ove.stve. Al-though an egregious emission case can be posed whe~e the stronge11t sanction including the label material false statenent is warranted, the d11y-to-day oases wil 1 be the ambiguous si tuatlons. Frmf the standpoint of an effoctive enforce-ment program, deter:rence does not 6Uffer if an* occasional egregii)UEI cmlesion or oral statsnent is cited as inaccurate information wl th a civi 1 *pme.1 ty for a ~everity level one or two violation, rather than as a mt:Lterial f1~lse statE1Dent with a civil penalty of similar severity level. In view of the concerns timich have been developing within the Carmission and,..tich are evident frcsn the publ fo ccmnents and the efforts o:: the Advisory Camd ttee, principally with the application of. the."material falae statanent" l$bel to \\lllintentionally inaccurate infonnation; the Cc:lnnission has determined that changes are necessary to: ('l) the manner in whioh its stand1n*cis fo!' accu-racy in information pro,vided to or maintained far Camiisaicm inaJ:.i<<,ction are articulated for licens~s and applicantsi and (2) its*current material false statement policy artiC1J.lated in. the Camlission's \\'EPCX) decision mic1 in the En* forcement Pol tcy in Ap~ndix c. Part 2 f')f the Ccmnbslon's regulations. 'The Carmission has concluded that a new regulation should be placed :ln eaoh of the-licensing sections of the Carmissionts regulations \\mich s~ts fo1~th an appli-cant's and a licensee's obligations concerning accura.cy and canp'.!eteness in their ccmnuntcations with the NBC and In the record9 required to be maintained by the Cmmission. 1be Catmission believes this approach wil 1 cc:mtinue to pro:- vide inc(int ives for epplicants and licensees to scrutinize their ir:ternaJ operations to determine that infonJBtion provided to the NBC is canplete and accurate, and that records maintained in accordance with ~ission require-n1er-ts are canplete and accurate, and give the Q:nmission greater flexibility to enforce these obliga~ions without tnvoking the negative connotations about a licer.see's* character by a ci t&tion for a material false statElllent in cases tn-volving an unintentional 1y inaccurate or incanplete sut:mi ttal. 'lhe Ile\\f regulations include identical provisions* in Parts 30, 40, 50, 55,_ 60, 61, 70, 71 and 12, which oontain two elsnents: 1) a general provision which requires that a.11 informatfQ!l provided fo the Carmission by an applicant or licensee or required by the Camdssion to be mainta.ined by the applicant \\ or licensee shall be cauplete and accurate in all material respects; and 2) a repor-ting requirunent. to replace the full disclosure aspeots.* of the current material,false statenent pol icy,mioh 'WOUld require appl icant:19 and licensees to report to the. NBC inf onna t ~on identified by the applicant or licensee as having signi!icant implications for* the public _health and safety or coomon defense and security, Section -150.20 is being am~nded to provide that when

an AgreEDJent State licens~e ts o~rat~ng,vithtn NRC's jurisdiction under the general license granted by Sl50.20, the licensee is subject to the above requiranents.
'Ihese regulations are* being issued urider the Ca'onission's authority in*

sections 62, 63, 65, 81, si, 103, 104. 161(0), 182 and 274 as well as 186 of the Atmiia Energy i\\ct of 1954~ as amet1ded. Vthi le section 186 can be read as addressing only material false stataJJents made *in certain contexts. the scope

of the Ccmoission's responsibilities under the Atcmio Energy Act of 1954, as amended. end th!' Energy Reorganization Act of 1974, as well as the qmmission's decision in the~ case nnd subsequent enfo~cement actions under that state-ment of the law, make it clear that the Cannission has the inherent authority

o*ae-..,11w,,1 *..,.,._...._, ___... ___ to require cromunice.tioi!'ls with the agency on regulatory matters 1c be caq:,lete and accurate rege.rdless of their context. Under eeotion 186 of 1.he Atanic En-ergy Act failure to observe any of the terms er provisions of any regulation of. the Cmmiss1on is an explicit basis for revocation of a license. Thus, with the adoption of these new re!Jlllations regarding accuracy in ccrrmurJice.tiona and records, a violation of paragraph ( a.) or (b) of the propo_sad I'uht may be grounds for revocation of n license as well as impoEition of civ:;1 penalties under sect ion 234 of the Atanic Energy Act,

Par$grapll <a) of the propo1:1ed rule would codify in a uniforr., manner an

.a.ppl icant 's and e. 1 ieensee's obligation, as articuleted tn the ~~

decision, to assure the accuracy of.its' ocmnunications with the Ci:mntssion. 'lbe provi-sion does not create any new ob11gattons for licensees tmd applimmts; rather, it describes in a. regulation rather than in an adjudicatory deci1:aionj the stan-d11rd for accuracy to bE! a.dhered to when supplying information to t_he agency or

,men generating and me.intaining records required to be kept by th*~ Carmission. Toe standard desoribed ln paragraph <a) of the proposed rule, "c1DI)lete and aoC\\lrate in all material respects,"- continues the 4egree of accuracy prescPibed in the VEPO) decision; that is, e.ny information provided to the,:a.imtssion or malntajned in records required by tbe Cc:mnission which has the a*bil ity to in-f luenoe tho a&enoy in the conduct of its regulatory responsibilities must be canplete and accurate. _ Under this proposf!d rule, not only material jn~orrect lnfor.~tion. written* or oral, but anitted information which causes an affinnative statenent to be materially incanplete or inaccurate. will be subject to sanctions, The proJX>Sed rule uses the phrase "provided to the NRC" rather than "su't:mi t ted to the NBC" to indicate ttiat e.11 camn.mice.tions, oral or written, throup,out the term of the license, not just at the application stage, are expected to be canplete and accurate. 'Ihe Cannission i~tends to apply a rule of reason in assessing caupleteness of a cCIQllUlltcatton. For example, tn the context of reviewing an initial application or a r~newat application for a license, it is not uncamxm for an NBC reviewer to seek additional information to clarify bis or her understanding of the information already provided. Such an inqui!"y by the~ does not necessarily mean that incar.plete infonnation which would violate this rule has been sutmitted, 'Ihis new provision also makes explictt the requiranent that records re-quired to be maintained by the Cannission must be cauplete ar.d accurate iri all material respects. It is clear that \\Wlen the Cannission establishes a require-ment that a licensee generate records to docunent a particular licensed activi-

ty, inherent in that requirement ts the ~xpectation that those records will accurately reflect tha activities.accctDplished, In the past. ""1en th~ Calmir.-

sion has discovered that inaccurate or incanplete records have been developed or maintained, citations have been issued for violation of the underlying recordkeeping *requirement. Now that the C(JQ:Qission is adopting a regulation \\~ich states a generio requiranent for accuracy in infot,Y1&tion made &vailable to the agency, it was deemed desirablR to explioitly refer to infonnation kept in records pursuant to Carmission requirements for inspection by the NP.C, as

~11 as information sunnitted to the NBC, since the standard for accuracy and caupleteness is the same for all infof1ll8.tion in vmatever fonn it is made avail-able to the Cannission; 'Ibis explicit statement of the standard of accuracy

.............. 1'1111* I ~1111>.;. __._.., __._,.. __

required for records does not 'in e.ny way* change existing re<:ordkE1eping requirements or add to the kind or nature of records expected to be maintained.

Parattre.ph ('b) of the proposed rule codifies in a modified form, and replaces, the "full disc I osure 11 aspects of licensees I e.nd appl ic11nte' obligations established by the V£P<O decision. ln that decision the Connlission recognized its obl lgation "to prara,Ige.te regulations "n.ich provide clear, canprehensive guide.nee to applicants and licensees,"~ at 481), but went on to conclude that *

~.the feet ?EITIQiTIS tbllt no specific set of regulations. hom~ver ce.refully drawn, can be expected to cover ell possible circunstanceE:.

Infomiation may cane frcm unexpected sources or take an unexpected form. but if it is PJa terta1 to the licensing decision and thel"efore to the pub:lic health end safety. it must be* passed on to the Cormi,eion. if we are to perform our task *** Since tne initial description of the "ful1 disclcsul'e" requlrElffif!nt in VEPCD, however, reporting obligations for subStantial additional categories of si~if.icant*safety infonnation have been affirrnaHvely establieh,~l. !.:.I.!,, 10 CFR i 21.21. 10 CFR U 50.72 and 50.73. Both material and ra11"tor licensee contain nunerous reporting requirements. ~:Ost safety informatia1 tmich a li-censP.e may develop wi I l likely be required to be repor.ted by sCJn,e specific., re-quirement. Nevertheless, there may be sane cirouristances where a* licensee possesses sane residual safety infomiation \\.'ihich could. affect Ji,:iensed activi-ties but which is not otherwise required to be reix>rted.

'Iherefore. the proposed ru1e provides that if a licensee or nn applicant identifies infonnation which hae stsnificant in1pli~ations for public health and safety :or the cannon def P.nse and security. 1t must be reported to the camtis-sion. Toe rule makes clear that reporting under this section is not required if such reporting would duplicate information already sul:mltted in aocardanoe with other requirenents such as 10. cm U 20.402 - 408, 21.Zl. 50.34. S0.71, 50.72, 50.73, and 73~'11 *.

I ~nstderation was given to proposing a DJOre broadly worded requiranent such as *"each applicant or licensee shall notify the Connission of infonnation material to the regulatol'y process." The Ccmntssion concluded, however, that with such a fornlllatiou of the rule, with essentially no guidance on how to determine wha.t must be reported. it would be difficult for I ioensees or appli-cants to predict wt th any certainty \\\\tlat the Catmisaion wi 11 dean to be materi-al. Such a rule would likely provide Ji ttle incentive for licensees or applicants to sort1tinize o~ police thetr information gathering process for re-portable info~tion. 'Ibe purpose of the reporting requiranent whtch is being proposed is* to provide clear notice that if any ~pplteant or licensee reoognizM es it bas information with significant heal.th or safety or carmon defense or security implications,. the information nnist be reported to the NRC nntwith~ standing the absence of a specific reporting requirement. Sutmission of a re-port depends upon the lic~nsee's recognition of the significance of the inf omia tion. 'lbe codification of a full disclosure requirement in this manner should not result in additional burdens on applican1s and licensees. Licensees and appl ioants wil 1 not be regutred to develop formal programs similar to those prescribed under 10 CFR Part ~l to identify. evaluate, and report information.

.......... liitl***.........,._, _____ *--*..., -H,- \\',hat ts axpected is B professional attitude toward safety throughout a lieens-ee's or applicant's o'f.'g11nization such thst if a person identifiee scnie poten-tial safety infonnatton. the infonnation will be freely provided to the appropriate canpany officials to detennine its safety stgnificanc;!e and. reportability to the CClnnission. \\tlile proposed paragraph (b) defers to the licensee's judgtOEmt of the sig-nificance of information, the license@'& "identification" of the significance of the info1'111lt'ion need not be in the form of. a speci.fio doounen*:ed decision before a violation of the rule exists for failure to report. An spplicant*s or l licensee's recognition of infonnation as slgnifieant could 'be es*tabl iahed by the fact thn t) (b)(~J specific meetings.were held to discuss the* matter. analyses perf,::,rmed or other internal actions taken to evaluate the matte:r.o. ln e.ddi tion, abuse of a .licensee's responsibili.ty under paragrapn (b), if not punishablP. as a viofation of paragraph (b), could be addressed by'the Co'ltnission under its authority to issue orders to modify, suspend or revoke a 1 toenae. Fol'.example, an order WO\\lld be appropriate ffl'!ere the action or *a licensee 1n not recognizing the significance of the informatiori and failing to report it, together \\Y1th other relevaqt facts, raises serioue questions about ~ither its canpetence, ~. its ability to ovaluate information, or its trustworthiness,. Le*., its failure to consider potentially aigntftcant 'information for.evaluation. Fins.l'ly, the Cannission has decided to exercise its discretion. in the ap-plication of the tenn material false statement to miscamrunioaticns and limit use of the temi to si tua ti ans where there is an element of intent. A charge of material fs.1se statement is equated by the puhl lo and most peoph, in tha industry with lying and intention to mislead. Yet under the cu1*reni policy. a

\\ material false statement under the Atmic Enel"gy Act can be either an affinnative statenent. oral as well as written, or an,anission. and can be unintended and inadvertent as well as intentional. 'Ihe Advisory Catrotttee concluded that enforcEment of accuracy in camrunicatfons by oitationa for a meterial fal~e statement* is "too blunt and h~avy an instrunent to be effecttve in achieving improved accuracy and CC111pleteness of infonnation given to the NRC by licensees." 'lbe Carmiss ion ag~ees. 'lbe free fl ow of inf Ot'll$tion fran applicants and licensees is essential to the effectiveness of the NRC's reguJatory*program, A policy of sancttona for inaccurate info:nnation vilich has r the 1 UceJihc,od to impede intonnation flow. or Y.t/ich causes licensees to concentrate on limiting and qualifying what they say rather than on the quality of the infonnation p~ovided in order to avoid being.charged wit~ lying, doe$ not serve the interests of the NRC. 1bis change recognizes the negative connotations which are associated by the public and the industry with the term matetial false statement but retains the use of thi*s label e.s an additional ~nforcanent tool. in egregious situa-tions. which will 'be determined on _a case-by-case basis. 'lbe Camdssion -expects to use the term _rarely because with the adoption of this proposed rule. the Camlission will have the mechanism to apply the full range of enforcanent sanctions to inaccurate camrunications or records without reliance on the tenn -material false statanent., 0:>nsequentl y, the Carmission sees no need to develop

a. specitt"c definition of the tenn "material false statEl'!'lent,"1 'lbe Department 1

Any characterization which the Camiission gives to the term material false statement ae used in the Atanic Energy Act of 1954, as amended, is, of course, limited to the Ccmnission's civi 1 enforcement actions and has no \\

-1'1-of :ustice supports this approach in view of the potentiol for c1lnfusion fran the C<Jnnission's use cf the tel'fll materiol fslse stattJDent in its civil context and prosecutions for material false statements under 18 u.s.c. § 100*1.\\ 1 (b)(5) I 'ThP. Cannlssion's existing material false statanent policy h currently ref lE>ctad in the GeneJ"al Statmient of Pol icy and Procedure for NJ<<; Enforcenen1 Actions, 10 C.F,R. Part 2, Appendix c. lV'.odifications to this pol icy to ref leot the new rules and the changes to Camlis{:liori pol icy announced here! vii 11 be made at the time a final rule on this subject is adopted t,y the Cwmir3sion. EN\\1IRCt~1EN1'AL IMPICI: Q\\TJ;(XJU~ EXCLUS Im With *respect to the proposed mnencbents to 10 cm Parts 30, 40, 50, 60, 61, 70, 71 and 72, the NRC has determined that the proposed rule is the type of action described in categorical exclusion 10 cm 51.2.2(c)(3}, '111e NRC has also detenni ned that the proposed f.lfflencinents to 10 CPR Parts* 5 5 and l!iO meet the eltgibil ity criteria fo,r the categoricaJ excluston described in :LO CFR 51.22;Cc)(l). Accordingly. neither an envirormental impact sta.ten1,mt nor an en-vironnenta_l assessment has ooen pi-epa.red in connection with tlle :issuance of the proposed rule. legal impact on the meaning given to similar tenns and phranee used in other-statutes. !!I!.* 18 U.s.c. 1001.

':bis proposed rule would add a specific information collection requirenent that ts subject*to the Paperwotk Reduction Act of 1980 (44 u.s.c. 3501 et seq.). Thie proposed rule wi 11 be su\\:rni tted to the Office of ManagE100nt and*

Buclget for review and approval of the paperwork requf.ranent. 'lbe Camlission's current requirE1JJent for accuracy and canpleteness of in-fOI'IMtion provided to the canntssion is specified. fo the adjudicatory decision rendered.with respect to an enforcanent action tak~n againat Virginia Electric. Power.C,anpany in 19'1&. The prop<>sed rule would articulate this requirenent. ,micb governs the day-to-day interact ions between.. NBC personnel and licensees I and applicants, iti a regulation issued unde~ the Ccrunission's general authority to establish instructions for the provision of lnfonnation and reports to the Cannisston rather than by interpretation of tlle mater_ial false st~tfllllent provi-sion of Section 186 of the Ataaic Energy Act _in an adjudicatocy decis_ion. Cod-ifying this requirement is preferable to the only alternative \\\\t'lich is continued reliQnce on the adjudicatory decision as. the only statanent of the requirenent. C.Odifioation of the requirsnent will give the regul8.ted aommntty more.explicit and accessible notice of the standards-of aooUTacy expected ot it and will give the Cmmission greater flexibility to enforce these standards

lllf __.,4.... 1** J *1t1......,....,, __ "" ____

without-unnecessarily applying the label matei-ial false statE1I1ent to ccmnuni-cations fran licensees a.nd applicants. In view of ttie extensive public ca'll-ments and t~e recCJ1JDendatione of the.AdvisoryCannittee for F.eviE~' of the Enforcement Policy received in respcnse to the Camliseion's requEis.t for evaluation of the er.isling pl'actice and proposed changes to it, i.t ts apparent that this proposed rule is the preferred alternathre and the cost entailed in its pranulgatton and application is necessary and appropriate. ~ille foregoing discussion constitutes the regulatory analysis far this proposed rule.

The proposed rule codifies the existing obligations of appl icitnts and I icensees to provide information relating to licensed activities,mich could

have significant* implications for those activities and to assure that all in-formation provided to the Canniseian or ms.lntained pursuant ta Cam:iission*

reuirmtent*s is canplete and accurate in all n-.eterial respects. IliP-C~hsion has dete1mined, _therefore. that the backfit rule, 10 CFP. 50.109, oCloes not apply to tJ:,e propot;ed rule, 'llle rule is purely ad:nintstrative in nat\\lre 1 and ther,e-fore does not result in the modification of or addition to systems, struc-tures. canponents, or design of a faci]ity **,or the procedures c,r organization requir<!d to design, cooetruct, or operate a facility *** " See 10 CFr. 50.109(a)Cl). ruGJ1Alt.ltY FUXIBILITY CFHrIFICATICN As required by the Regulatory Flexibility.Act of 1980, 5 u,,s.c. 605Cb), toe C'.(Jffllission certifies that this rule, if adopted, will not huve a sie;ntfioant econanic impact upon a substantial nunber. of smal J entities. Toe proposed rule. which will affect large and small ltcensees alike, merely codifies an existing requirenent, established through an adjudicatory decision. that a1l information provided to the Caunission relating to licensed activities or majntained pursuant to Caimission requirements be canplete and accurate in all material respects. In a~itfop, the proposed rule. if adopted. \\WlUld reduce the exiotir1g burden on. J icensees because the f'ul l disclosure e.spect of the current judic~ally imposed requirc,nent has been modified to limit it to that tnfonnation which the licensee itself bas detennined has a significant implication for licensed activities. Any small entity suhject ta this regulation vmich detennines that, because of its si~e, it is likely to bear a disproportionate adverse econanic impact shoold notify t~e Connission of. this in a cannent that* indicates the fol lowing: (a) 'lbe lioeneeets size in terms of anriual tnc~ or revenue. and nunber of E!r11ployees;. I (b) How the proposed regulation would result in a significant-econcrnic burden upon the licensee as canpared to that 'on a larger 1 icensee i . Cc) HCM the proposed regulations could be modified to take into acoount the licen$ee's dtfrering needs or capabilities, LIST OF SUBJEC!'S IN 10 CFR PN?!"S ao. 40, 50, 55. 60. 61, 70, n. 72 and 150 Part 30 - Bypt"oduct material, Labeling, ~ucl ear materfoh, Packaging and containers, Penalty, RQdiation protection, Reporting requirements. Scientific equ i P1)erl t_

lllltlllll-***111111"' PIIP'II _

Part 40 - Goverrrnent contracts. }{azardous 11'.aterials - trans~rtation, Nu-clear trll.terials, Penalty, Reporting reqllirmients, Source material, Ur&niun. Part 50 - Antitrust, Classified informatton, Fire preventioTI, *intergovern-mental relations, Nuclear power plants and reactors, Penalty, Rad.iaUon protection, Reactor siting crtteria, Reporting r~~irements. Part 55 - Manpower training progr8111s, Nuclear power plants snd reactors, Pena 1 ty, Rapor ting requi renen ts, Part 60 - High-level waste, Nuclear power plants and reaoto1*s

Nuclear materfols, Penalty, P.eporting requirsnents, \\\\\\lste treatment and disposal.

Part 61 - Low-level waste, Nuclear °*teria1s, Penalty, wastE! tret1tment and disposal. Part 70 - Hazardous materials - transportation, Nucleal' m&.t~1r-ials 1 Packag-ing and container~. Pena"! ty, Ra.diatton protection, Reporting requiranents. Sci-entific equipnent, Security measures, Special nuclear matetial. Part 71 - Hazardous materials - transportation. Nuclear n1o.tut*ials, Packag-ing and contaii1ers 1 Penalty, Reporting requtrewmts. Part 72 - :Manpower training programs, Nuclear matel"ials, OccrupaticnaJ safety and health, Reporting l'equirements, ~curity measures, Spimt fuel. Part 150 - Hazardous materials - transportation, Intergover11nental rela* tions, Nuclear materials, Penalty, Repofting. requirements, Secur"it3* measures, Source material, Speeial nuclear matertat. For the reasons set out in the presmble and under the autbo:t"ity of the

Atanic Energy Act of 1954, as emended, the Energy Reorganization Act.of 1974,
as amended, and 5 U.s.c. 553, the~ is proposing to adopt the Col lowing amenanents to 10 CER Parts 30, 40, 50 1 55, 60, 61, 70, 71, 72 and 150.

PARI' 30 - a!LES Of GtNmAI.. APPLICtIDILI'I'Y 'IO IXMESI'IC Llcm800 OF BYPRCUm MATERIAL

1.

'lhe authority citation for Part 30 is revised to.read as follOI~: H.1lll'RI'lY: Secs, 81, S~. 161, 182, 183, 186, 68 Stat. 935, 948, 953a 954, 955, as emended, sec. 234, SS Stat_. 444. ae amended (42 u.s.c. 2111, 2112,

2201, 2232, 2233, 2236, 2282); secs. 201, as amended, 202, 20&, 88 Stat. 1242.

1~(4, 1246 (42 u.s.c. 5841, 5842, 5846), Section.30,7 a}so issued under Pub. L 95-601, sec. 10,,92 Stat. 2951 (42 u.s.c. 5851). Section 30.34(b) also issued under sec, 184. 68 Stat. 954, as amended ( 42 U.s.c. 2234). Section 30.61 also issued under sec. 187, 68-Stat. 955 (42 U,S.C. 2237). For purposes of sec 223,.68 Stat. 958, as amended (42 TJ.s.c. Z273); §5 30.3, 30,34(b) arid C.c), 3G.4Ha) and (c), and 30.53 are issued under. sec. 16lb., 68 Stat. 948 as amend~. (42 u.s.c. 220lC.bH; and §§ 30,6, 30.9, 30.36, 30,51. 30.52, 30.55 and 30.56Cb) and Cc) are issued under sec. 1610, 68 Stat. 950, as emended C4Z U.S.c. 2201Co)).

2.

lnmediately foll<Ming § 30.8, a new 8 30.9 is added to read as follows: § 30.9 £a!tJ>letentess and Accuracz of Information

a.

Information provided *to the Camdssion by an applicant for a license or by a licensee or information required by the Cormissioo to be maintained by tbe applicant or the licensee shall be ccrnplete and accurate in all material 1*especta.

111.................... 1*......... __._, ________,,_,. "'R l). F.ach applicant or licensee shall notify the Ccmntssion of' informu.tim1 identified by the applicant or licensee as having for the regulatied activity a significant implication for public health and safety or camion defense and security. An appllaant or licensee viole.teti this paragraph only if the applicant or li~ensee fails to n,tify the Can-missicn of infol'Dl8tion that the appl ioant or 1 iceneee he.s identified as having a eigniftoant implication for public health,!ll'Kl safety or caunon defense and security. Notification shat I be pr,o*vided to the .Administ1'atot* of tbo e.pptopr\\ate Regional Office withi-r1 two working days of identifying the infonnation. Tots requirenent ls not applicable to infomation which is al.ready required to be provided to the CaJmission by oth~r reporting or updating requirf;!!'lents. PART 40 - 00\\tiFSl'lC LICf.NSOO OF S1lRCE Ml,\\TERI.AL 34 The authority citation for Part 40 is revisoo to read as follows: AUllt:)RI'IY: Secs. 62, 63 1 64, 65, 81, 161, lBZ, 183, 186, 68 Stat. 932. 933, 935, 94B, 953, 954, 955, as amended, *secs. ll(e)(2), 83. 84, Pub. L, 95-604, 92 Stat. 3033, as amended,* 3039, sec 234, 83 Ste.t. 444, as Eamended (42 u.s.c. 2014(~)(2), 2092, 2093, 2094, 2095, 2111, 2113, 2114, 2201, 2232, 2236, 2282)= secs. 2'14, Pub. L. 86-373, 73 Stat. 688 (42 u.s.c. 2021); seaa 201, as emended, 202, 206, 88 Stat. 1242, a~ amended. 1244, 1246 C42 u.s.c. 5841, 5~42, 5846);,ec. 275, 92 Stat, 3021, as amended by Pub. L. 97-41ij, 96 Stat. 2067 (42 u.s.c. 2022)~ Section 40.7 also tesued under Pub. L. 95-601, sec. 10, 92 Stat. 2951 C42 u.s.c. 5851). Section 40.31 ~~elso issued under sec. 122, 68 Stat.~~

~~939 (42 u.s.c. 2152). Section 40.46 also issued under sec. 184, 68 Stat.~~
~~954, as amended (42 u.s.c. 2234). Section 40.71 also issued tmder sec. lij7, 68 Stat. 955 C42 u.s.c. 2237),~~
~~For the purposes of sec, 223, 68 Stat, 058, as amended C42 u.s.c.~~
2273), §§ 40,3, 40.25(d)(l)-(:l), 40.35Ca)-{d), 40.4Hb) and Cc), 40.46, 40,5Ha) and (c) J and 40.63 are issued under sec. 161b, 68 Stat. 948 e.s amended, (42 U.S.C. 220l(b}); and 6S 40.5, 40,9, 40.25{0) 1 (d)f3), and (4), 40.26CcH2>, 40.35C.e), 40.42, 40.61, 40.62, 40,64 and 40.65 are is.. sued under sec. 1610, 68 Stat. 950, as amended (42 u.s.c, 2201<0)).
4.
~~hnnediately following§ 40.8, e new§ 40.9 is added to read ae follows: § 40. 9 Q!npleteness and Accuracy of Inf omm tion~~
a.
Information provided -to the Ctntnisaion by an applicant for a license or by a licensee or infonnation required by the Carmission to be maintained by the applicant *or the licensee shall be ca11plete and accurate in all niaterial respects.
b.
Each applicant or licensee shall notify the Caanission of information identified by the appljaant or licensee as having for the regulated activity a significant implicati~ for public health and safety or camion defense and securtty. hi applicant or li.censM viola tee this paragr~plJ only-if the applicant or licens~ f~ils to notify the Can-mission of infol'llllition that the applicant or licensee has identified as having a significant implice.tion for public health and safety or cCJXlllOn defense and security. Nottficaticn shall be provid~ to the
~'°>>inistrator of the 1:1.pproprlate Regional Office within two working days of identifying the information. 'Ibis requirement is not applicable-to infonnation which is already required to be provided to the Caunission by other teportlng or updating r~quirEmt~nts.
~~PARI' 50 - roiESTIC Lic.>>lSIOO OF PB:CllcrICN AND urtLIZA'.l'ICN l~ILl'rlES.~~
5.
'lbe authority citation for P&rt 50 is revised to read as foll~~ AlJllllll'IY: Secs. 103. 104, 161, 182, 1e3, 186, 199, 6H Stat. 936, 937, 948, 953; 954, 955, 956, as amended, sec. 234, 83 Stat".. 1244, as amended (42 u.s.c. *2133, 2134, 2201 1 2232, 2233, 2236, 2239 1 2282); secs. 201, 202, 206, 88 Stat. 1242, 1244, 1246, as amended (42 U.fi.c. 5841, 584~. 5846). unless otherwise noted.* Section 50,7 also ~ssued under Pub. L, 95-601, sec. 10, 92 Stat, 2951 (42 u.s.c, 5851). ~otions 50.58. 50.91 and 50.92 also issued under Pub, L. 9?-415, 96 Stat. 2013 (42 u.s~c. 2239). Section. 50.'78 also issued un-* der sec. 122, 68 Ste.t. 939 C42U.S,C. 2152); Seotio-ne so,sc1-so.s1 s.lso issued lJnder seo, 184, 68 Stat. 9$4, as emended (42 U,S.C, ~:234). Sec-tions. 50.100-50.102 also issued under sec. 186, 66 Stet, 955 (42 u.s.c. 2~36). For the purposes of sec. 223, 68 Stat. 958, as amcnd~d (42 u.s.c, 2273. §§ 50.lO(e), (b), and Cc). 50.44, 50,46, 60.48, 50,54, and 50.SO(a) are issued under ~ec, 161b, 68 Stat. 948, as amended C42 U.e.c, 220l(b)); §S 50.lO(b) and (c.) and 50.54 are issued under sec, 161i. 68 Stat. 949, as amend~d (42 u.s.c. 2201(i)); and SS 50.9, 50,55Ce}, 50.S9Cb), 50.70,'
50,71. 50.72. 50,73, and 50.78 are issued under sec. 1610, 68 Stat. 950, as amended (42 U.S.C. 2201(0)),
6.
mmediately following§ 50.8 a new§ 50.9 is edded to read as follD\\'1S: § 50.9 Canpleteness.and kcuracy of Information *
a.
Information provided ta the Cmmission by e.n applicant for a license or bye licensee or information required by the CamPJission to be n:aintained by the applicant or the licensee shall be canplete and accurate in a1J material respects. b, Each applicsnt or* licensee shall notify the CamJission of infor,nation identified tr; the applicant or licensee as having for the regulated acttvi ty a significant impl icaticn for public heal th a~ safety ~r camion defense and security. ~ applicsnt or ltoensee.vfolatee this paragraph only if the applicant or 1icen..~~e fails to.notify the Cau-mif:lsion of information that. the applicant or Ucen~ee has Identified as having a significant implication for publio health and safety or cam,on defense and security. ?lot if teat ion eha 11 be provided to the Aanioistrator of the appropriGte Regional Office vrtthin two working days of identifying the information, 1bis requiranent is not. applicable to information which ts already requ1Ped to be provided to the Carmission by other reporting or µp<18.ting requir~nts. PPR£ 55 - OPFBA.TOOS' LICENSES
7.
'nl.e authority citation for Part 55 is revised to read as follows:
.......... ",....,-,.--*----.... -... M.TllllU'tt~ Sece, 107, 161, 68 Stat. 939, 948. as amended (42 u.s.c. 2137, 2201): secs. 201, as amended, 202, 88 Stat. 1242. as nn,ended, 1244 (42 u.s.c. 5841, 5842). Section 55.40 also issued ul'kier secs. 186, 187, 68 Stat. 955 C42 u.s.c, 2236, 223?). For the purposes of sec. 223, 68 Stat, 958, *as amended (42 U.S.C. 2273), §§ 55.3 and 55.31(a) - Cd) are issued under sec. 16ll~ 68 Stat, 949, as amended C42 u.s.c. 2~01Ci)); and U 55.9.e.nd 55.41111:*e issued un-d~l:' sec. 1610, 68 Stat. 950~ as amended (42-U.s.c. 2201Co)).
8.
Inmediately follmrl.ng S 55,6a, a. new§' 55.6b is added to re::1d as folluws: § 55.Gb Conpleteness and AOcu~acy of lnfo:n:nation1 a, Infonnation provided to the Ccnmission by an applicant for a licen~e or by a licensee or info1*muicn l'equired by the Carmiesion to be maintained by an applicant or the llonesee shall be conplete and-ac-curate in all material respects.
c.
Each applicant or licensee shall notify the Cmmiseion of infot'OBti.on idtmtif.ied by the applicant or licensee as having for tlh*! regulated ac!ttvi ty a significant imp! ication for publ io heal th and safety or cr;mnon defense and security. An applicant or licensee vioJates this pe.ragrs.I*l only if the applicant or licensee fails to notify the can-mission of information that the applicant or licensee baa identified aa having a oi~ntficant implication for public health and safety or cC1I1110n defense and security. Notification shell bP. provided to the .Aaninistrator of the appropriate Regional Office within two working days of -identifying* tho information. This requirement is not applicable to inforroation t.bich is already required to be provided to the Cotmission by other reporting or updating requirements. P.ARr 60 - ms~ OP HI(l{ LE\\1EL lW)lOACI'lVE WAS'lES IN GEa..C'OIC . REPOO l'ICIUES
9.
'Ihe authority citation for Part 60 is ~evised to read as follows: MJlllld'IY; - Secs. 51. 53, 6~, 63, 65, 81, 161, 182, 183, 68 Stet. 929. 93C 1 932, 9 33, 935, 948. 953, 954, as umended C 42 U.s.c. 2071, 20'13, 2092, 2093, 2095, 2111, 2201, 2232, 2233), secs 202, 206, 88 Stat. 1244, 1246 (42 u.s.c. 5842, 5846): secs. 10 and 14, Pub. L. 95"-601, 92.stat,.* 2951 (4~ u.s.c. 2021a and 5851); sec. 102, Pub, L, 91-190, 83 Stat, 853* <42 u.s.c. 4332); sec, 121, Pub. L. 97-425, 96 Stat. 2228 C42 u.s.c. 10141). For the purposes of seo. 223 1 68 Stat. 858, as a.nended (42 u.s.c. 2273), SS s*o. 81:1, 60. 71 to 60. 75 aN iss-uoo under sec. 16 lo, 68 Stet. 9SO, as amended (42 u.s.c. 220Ho)) *. *
~~10.~~
~~Imnediately follov,tng § 60.8 a new§ 60.8& is added to read as follows~ § 60.8a C5!_'oE~etene~s and Accuracy of Information~~
a.
Information provided t~ the Camiiesion*by an.applicant for a license or 1,y*a licensee or tnfomJEltion required by the Cannission to be
...... *'*........... --*-..., rte. inta ined by tht! applicant or the licensee shal 1 be cc1J1plete and ac,:urate in all Jr8terial respects.
b.
&oh applicant or J icensee shall notify ttiQ Ccmnission c,f infonnation tdenttfied by the applicant or licensee as having_ for 1;t,e regulated activity e. signi.ftcant implica.tion for public heal th a.net safety or c,mnon defense ttnd security. An applio1mt or licensQe,riolatea this p&.ragraph only if the applicant or licensee fails to nc,tify the Camltsston of tnforma.Uon that the appl ioant or 1 icens,ee has i~enti-. fied as having a significant impl icatlon fol' public he11Hb and safety 01:" cc.moon defense llnd security. NoUficaticn shal 1 l:\\e px*ovided to
the.Administrator of th~ appropriate f'.P.r,ional Office wUhin 't,,,io

worlting days of' identifying the tnfomiation. '!his requfLt'mtent is not applicable to information which is already required to be provided to the *Cr,m1issfon by other r.eporting or upclat ing requireni!nts.
~~11. 'lbe authority citation for Part 61 is revtsed to read as follows:~~
AL"llml'lY: Elecs. 53, 57. 62,.63. 65, '81, 161, 182, 183, 68 Stat. 930, 93~. 933, 935. 948. 953, 954. as amended '42 u.s.c. 207:J, ion. 2092, 2093, 2095, 2lU, 2201', 2232, 2233); secs. 202, 206, 88 Stat. 1244, 1246. (42 u.s.c. 584.2, 5846); secs. 10 and 14, Ptib. L. 95-601, 92.Stat. *2951 (42 u.s.c. Z02la and 5851). For the purposes of See. 223, 68 Stet~ 958, as amended, (42 u.s.c. Z2?3): Tables l nnd 2, SS 61.a, 61,24, 61.25, 61.27(a), 61.41 through 61.43, 61.52, 61.53, 61.55, 61.56, and 61,61° througti 61.63 tseued under sec. 161b, 68 Stat. &48, as amended (42 u.s.c. 2Z01Cb)); U 61.Sat 61.10 through 61.1$, 61.24, and 61.80 issued under sec *. 1610. 68 Stat. 950. as emended (42 u.s.c. 2201(.o)).
~~12.~~
~~Iumediately following§ 61,8, a new§ 61,8a is added to read as follows: § 61.Ss ~letenesi:1 and kcuracy of Infonnation~~
a.
lnformntion provided to the Calmission by an appl iaant for a l ioense or by a lice,isee or inf_o:nnation required by the 'eanntssion to be llllintained by the applicant or the licensee shall. be canplete and accurt1t~ in al-l n11terial respects. b, Each applican.t or liQensee shall not.ify the Camihsion of information -identif iecl by the *applicant or J icensee e.s having for.the regulated activity a signif ican.t implication for public health and safety or Cam'.IC>n defense and security. An.applipant or lio~nsee violates this paragraph only if the applicant or licensee fails to notify the Can-. mission of infonmtion that the applicant _or licensee has identified as having a significant implication for public be-al th and safety or ar.mnon defense and security. Notiffontion shall be provided to the Mninistre.tor of t.he appropriate Regional Office within, two working days of identifying the information. 'lbis requlrenent is not applicable to information which is all"eady required to be provided to the Cc.:mniss ion by other,reporting or uprla ting requirements.
-:n-PARI' 70 - 00\\£STIC LICENSim OF SPECl.AL NlJCLF.AR MATJ~LAL 13, 'Ille authoritr citation for Part 70 is revised to read as follows:* Al.T.Dl'.BI'IY: Secs. 51, 53, 161, 182,.183, 68 Stat, 929, 930, 948. 953, 954, as amended, s-ec. 234, 83 Sta-t, 444, as 8Dl8nded (4.2 u.s.c. 20'11, 2073, 2201, 2232, 2282): secs. 201, as amended, 202 1 204, 206, 88 Stat. 1242, as amended, 1244, 1.245, 1248 (42 u.s.c. 5841, 5842, 5845, 5846). Section 70.7 also issued under Pub *. L. 95~601, sec, 10, 92 St&t. 2951 C42 U.S.C. 5851), Section *10.21Cg) also issuP.d under sec. n2, 68 Stat *. 939 (42 u.s.c. 2152). Section 70.31 also issued under sec, 57d*, Pub. L. 93~377, 88 Stat, 4'75 (42 u.s.c. 2077). Sections 70,36 and 70,44 also is-sued under sea. 184, 68 Stet *. 954, as amended (42 u.s.c. 2234). Section 70, 61 al so issued under secs. 186, 187, 68 Stat, 955 ( 42 U
~~.S,C, 2236, 2237).,~~
~~Section 70.62 aleo ieeued under sec. 108, 68 Stat. 939 1 as emended (4Z U.S.C. 2138).~~
~~For the purposes of sec. 223. 68 Stat. 958* as amended (42 u.s.c.~~
r 2213); §§ 70,3. 70,UJ(c), 70.21Cc), 70,22Ca), (bl, Ca) - Cl<), 70.24(a) and (b) *. 70.32(a)(3)J (5), (6), Cd), and <n. 70.36, 70.39(b) and (c), 70.41Ca), 70.42<a) and fo), 70.56, 70.57(b), (c), anct (d), 70.58(a).. (g)(3) and (h)-(j) are iseued under sec. 161b, 68 Stat. 948, as amendei {42 U.S.C. 220l<b), § 70.7, 70.20e.<a> and (d), 70.20b(c) and <e), 70.21Cc), 70.24(b), 70.32(a)(6), Cc), Cd),.<e), and (g), 70,36 1 70,5Ho) - Cg), 70.56, '70.57Cb) and Cd), and 70.* 58(a)-(g)(3) and (h)'."'( j) are issued under sec. 161i, 68 Stat. 949, as amended <42 u.s.c. 2201(1)): and§§ 70.5,
"".32- '10.9, 70.20b(d) and Ce), '10.38, 7D,51(b) and Ci), 10.02, 70.53, 70,54, 70.55, 70.58(g)(4)~ C.k),,and (1), 70.SG and 70.60(b) and (c) are issued tmde~ sec. 1610 1 68 Stat. 950, as amended (42 u.s.c. 2201(0)). U. lnmediately following 5 '10.8, a new S.'l'0,9 is added to read as follows: S 70,9 Cc)Jlpleteness and i\\ccuracy of Information
a.
lnfonnation provided to the.Carmission by an applicant for a license or by a. licensee or infonnatf.<;>n required by the Carmission to be maintained by the app.lioant or the licensee shall be canplete and accurate in all material respects.
b.
Each applicant or licensee shall notify the caitnission of information identified by the applicant or licensee as having for t~e regulated activity a significant impl teat ion for public heol th and safety or camion defense and security. An applicant or licensee violates this paragraJXl only if the.applicant or licensee fails to notify the QJrmisston of information that the applicant or licensee has ~d~ntifiecl as having a significant i1I1Plios.tion for*public he~Ith and safety or camion defense and security, Notification shall be provided to the lidministrato~ of ~he appropriate Regional Office ,rlthin two working days of identifying the information. 'Ibis requiranent is not* applicable to information which is ~lready required to be provided to the Carmission by other reporting or updating requirements.
11*-* *~**...,...,. __,_._... ___ ~. 1S. The authority oitation for Part '11 is revised to read as fol.lows: .AUI.H'.JH'l.Y: Secs. 53, 5'7, 62. 63, 81, lU, 182, 68 Ste::. 930. 93ff, 933, 935, 948 1 953, 954, as 81118nded C42 u.s.c. 2073, 2077. :rna2. 2093, 2111, 2201, 2232, 2233); secs. 201, BB emended, 202, 206, H stat. 1242, u amended, 1244. 1~46 C 42 u.s.c. 5841, 5842, 5846). Section 'i1.9'i also issued under seo. 301, l\\lb. L 96*29i 1 9~ Ste.t. For the purposes of seo. 223, 68 Stat *. 95*s, as emended ( 42 u.s.c *. 2273); 5S 7i.3, '11.4.3.* 71.45, '11.55, 71.63(a) and(b), 71,83, 71.ss
U.87, 71.89, and '11.97 are issued under sec. 161b, 68 Stat. 94&, as amended (42 u.s.c~ 2~01Cb))i ar.cl ss 71.5'b), '1_l.6a. 71,91, 71.93, '11,95, and 71.lOHa) are iseuecl Jlflder sec, 1610, 68 Sta't, 950, as amended C42 u.s.c. 2!01Co)).
16, Itmlecliately fol iowing 5 71.6, a new S 71.68 is added to rend as follows: § 71.6a Canpleteneee and.hccuracy of Information a, Infonretion provided to the Ccr.misslon by an applican1 fore license or by a licensee or infonnation required by the Cmmi:!1eion to be nnintained by the applicant or. the licensee shall be <!cmplete and uccurate in ell nio.terial respects. b, Each applicant or licensee shall notify the Ccllmission of tnfol'lllation identified by the applicant or licensee as having for.the regulated activity a $ignificant implication for public health and safety or CQll])OO defense and security. Ar, applicant or 1 icensee Yi,olates this paragraph only if the applicant or licensee fails to notify the UJmlission of info:rmation that the applicant or licensee has identified as having a *significant implication for public heal th and safety or cmmon defense and security *. Notification shal I be provided to the Aaninistrator of the appropriate Regional Office wi lhin two wnttking days of identifying the infofflllltfon. 'Ibis .requirunent is.not applicable to information which is alrepdy required to be _Provided to the car.mission by other reporting or updating requirements. PARr 72 - LICENS IN3 REQ:]'lmMENl'S :RE '1HE S'.OCIWlE OF SPENr J!tJm. IN AN INDEPamW'l' SPJNI' FUEL S'IWAGE INSTM..LATICN ( ISFS I)
~~17. 'lbe authority citation for Part 72 is revised to read as follows:~~
Alllli:Rl'IY: Secs. 51, 53, 57, 62, 63, 65, 69 1 81, 161, 182, 183, 184, 186. 187, 68 Stat. 9Z9, 930, 932. 933~_934, 935, 948, 953, 954, 955, as emended, sec. 234, 83 Stat. 444, as emended (42 u.s.c. 2071, 2073 *. 2017, 2092, 2093, 2095, 2099, 2111, 2201. 2232, 2233, 2234, 2236, 2237, 2282); sec. 274 1 Pub. L 86-273 1 t3 Stat. 688, as emended (42 U.S.c. 2021)i sec. 201, 202, 206. 88 Stat. 1242, 1243, 1246, as amended (42 u.s.c. 5841, 5842. 5S46); Pub. L. 95-601. sec. 10, 92 Stat. 2951 (42 U.S.C. 5851), sec. 10~. Pub. L,91-190, &3 Stat, 853 (42 U.S,C, 4332). Section 72,34 also issued under sec. 189. 6b Stat. 955 (42 u.s.c. 2239); sec. 134, Pub. L 97... 425, 96 Stat. 2230 (42 u.s.c. 10:l54). For the purposes of sec. Z23, 68 Stat. 058, as amended (42 u.s.c. 2273): §6 72.6, 72.14, 72,15, 72~17(d). 72,19, 72.33(b)(l). (4), (5), (e)) (f), 72.36Ca) are issued under sec, 161b, 68 Stat. 948, as amended (42 u.s.c. 2201Cb)): §5 72.10, 72.15, 72.17(d), *72,33Cc), (d)(l), (2), Ce), 72,81, 72,83, 72.84(a), 72,91 are issued under sec. 1a;.i. 68 Stat. 949, as ~nded (42 u.s.c, 2201Ci)); &nd S§ '12,9a, 72,33Cb)("3), (d)(3}, Cf), TZ,35Cb), 72,50 - 72.52, 92.53Ca), 72,54(a), 72.55, 72,56, 72.BO(c), 72.84Cb) are issued under sec, 1610, 68 Stat. 950, as &Jnendt!Cl. (42 u.s.c. 2201(Q)).
~~10. lnmediately following§ 72.9 a new S 72,9a is added to read as follows:~~
ii 'i'2.9a £?neletene;ss and Accuraoy of Information a, lnforma tion pl'ovided to the' Camlisston by an appl ice.nt for a l tcense or by l\\ l 1cen::1ee 01* information required by the Cmmtssion to be maintained by the applicant or the li~ensee shall be ccmpJete and accurate in all material respects. 'b. Each appl ican*t or J icensee sbal 1 notify the Carmission of infom,e.tion identified by the applicant or licensee as having for the regulated activity a siLtnificant implication for public health and safety or canoon defens1~ and security. An applicant or I icensee violates this paragra,;tl only if the applicant o~ licensee fails to notify the Com-mission of information that the applicant or licensee has identified as having a significant impl ice.Hon for public heal th and safety or cam,on defense and security, Notification shall be provided to the ld'rlinistrator of t.he appropriate Regional Office within t\\\\1) \\lr-Orking . days of identifying the infonnation. Toi.a requiranent is not applicable to information which i~ already required to be provided to the Cxlmlission by other reporting or.upc1ating requirements. PARr lSO - l-XBlP'l'IC1iS AND CXNI'INUED PJl"ll1UaCEY Atmml'IY IN~* &TATES.AN:> IN. CFFSBEE \\\\'tm.RS l.N)ffl SECI'ICN 274 19, 'lbe authority citation for Part 150 continuAs to read as follcws: Al1IIDU1Y: Sec. 161, *ee Stat. 948, as amended, sec. 274, 'i'3 St~t. 688 (42 u.s.c, 2201, 2021); sec. 201, 88 Stat. 1242, as amended (42 U.S,C. 5841). Sections 150.3, 150.15. 150.15a, 150.31, 150.32 also issued secs. lle(2), 81 1 68 Ste.t, 923. 935, as amended, secs. 83 1 84, 92 Stat. 3033, 3039 (42 u.s.c. 2014e(2)~ 2111 *. 2113, 2114). Section 150.14 also issued under sec. 53, 88 Stat, 930, as amended. ( 42.u.s.c. 2073). Section 150.l'ia also Issued under.sec. 122, 68 Stat. 939 (42 u.s.c. 2152). Section 150.30 e.lso issued under sec. 234*, 83 Stat. 444 (42 U.s.c. 2282). For the purposes of sec. 223, 68 Stat. 958, as emended (42 u.s.c. 2i73); 150.20(b)(2)-(4) and 150.21 are iseued under sec. 161b, 68 Stat. 948, as amended C 42 u.s.c. 220l(b)); 150.,14 is issued under sec, 161i, 68 Stat. 949, aa amended C42 u.s.c. 220lCi)); and 150.16-150.19 and 150.20(b)Cl) are issued under sec. 1610, 68 Stat. 950, as amended (42 u.s.c. 220H0)). io. The introductory tX>rt ion of USO, 20(b) is 'f'evi-sed to read as follows: §150.20 Reco@!ition or Agreement State licensee,'~ * (b) Notwithstanding any provision to the contrary in any specific license issued by an Agreanent Sta ta to a person engaging in a*::itivi ties in a r.on-Agreenent -State or in offshore waters under the generttl l ioenses* provided in this section, the general licenses provided in this section are subject to the provisions *of §§30.7(a) through <e}, 30,9, 30.14(d) and §530.34, 30.41, and 30.51 to 30.63. inclusive, of Par1 30 of this chapter; S40. 7(a) through <e>, 140.9, and U40.4l, 40.511 40.61, 40.63, inclusive, 40
~~71 and 40. 81 of Part 40 of this chapter; and §70. 7 (a). through ( e) 1~~
§70~9. and §§'10,32. 70.42, 'l0,51 to 70.56, inclusive, 70.60 to '10,62, inclusive, and 70.'71 of Part 70 of this chaptel'i and to the pl'ovisions of Parts Ui, 20, and 'H and Subpart B of Part.34 of this chapter *. In addt-tton, any person et1gaging in activi Ues in.non-Agl"eenent States or in off-sho~~ waters under the general licenses provided in this section: Dated at Washington, o.c. this __ day of ----- 1987. For the Nuclear Regulatory (:.anriis8ion. Samuel J. aliift Secretary of the Ccrimission
ENCLOSURE D
n*... -*...,,,,....., *..,.._.,..___.. _ UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D. C. 20555 DRAFT CONGRESS!ONAL "LET'l'ER Dear Mr. Chairman! _Enclosed for your information are copies of a* notice of propoeod rulemaking to be published in the Federal Registel", The Ccmmission* is proposing to amend tts regulations*. to inC!h.tde in each licensing section of the Commission's regn1ations e. provision setting forth
~~applicants' and licensees' obligations concerning accuracy and cc,napleteness in their communications with the NRC.~~
The proposed revisions BJ'(! a result of Commission P.xperience wtth its current requirements for aotiurecy in communications and consideration of public comments and the r~e:,ommendaUons of an Advisory Commi1:tee asked to review the Nnc 's enforceme11.t program. The Commission believ~is this approach* if adopted I will contini.1e to provide incentives for applican1ts and licensees to assure that information provided to the Commission is complete and accurate and. give the Comm1.ssfon greater flexibility
~~to en£orcE!~~
~~this obligation without invoking tl1e negative connotations about a licensee's charaoter by a oitt1tton for a material false statement in caaea involving unintentionally~~
inaccurate

c,r incomplete su bmtttsls.
~~Enclosure:~~
As stated Sincerely, William C. Parler, General CounHl
Page 099 or 101 WrthhelO pursuant to exemption (b)(S) of the Free~om of Information and PriVacy Act
Page 100 Qf 101 Withheld pursuant ta exemption (b)(5). of the Freeaom or Information ana PriVacy Ad
Page 101 or 101 \\\\llttltleld pursuant to e.w:emptlcn (b)(Sl of the Freedom of lnrormatlon and Privacy Act \\}}

ML19029B129

Contents

Text

Subject:

Enclosure:

Enclosure:

Navigation menu

ML19029B129

Text

Subject:

Enclosure:

Enclosure:

Navigation menu

Search