ML20056D108
| ML20056D108 | |
| Person / Time | |
|---|---|
| Issue date: | 01/06/1993 |
| From: | Malsch M NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | Zerr L AFFILIATION NOT ASSIGNED |
| References | |
| CON-#393-13532 93-01-PF, 93-1-PF, NUDOCS 9308040302 | |
| Download: ML20056D108 (1) | |
Text
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NUCLEAR REGULATORY COMMISSluiv
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UNITED STATES E
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o, January 6, 1993
'93 ja 12 "" *'6 ELBSONAL SERVICE Hr. Lloyd P. Zerr 718 13th Street, N.W.
Washington, D.C.
20002
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Dear Mr. Zerr:
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This is in response to your December 31, 1992, general answer to the complaint personally served on you on December 10, 1992, alleging violations of the Program Fraud Civil Remedies Act.
You state that the " issues in the complaint I
l have been and are currently in the process of being resolved" to the l
satisfaction of the United States Government and request that we reconsider our intention to refer the complaint to the Administrative Law Judge of the l
U.S. Nuclear Regulatory Commission and withdraw the complaint.
If we deny the request, you seek an extension to file an answer to the complaint until the l
" remaining issues are resolved."
The unresolved issues referred to in your letter relate to an action brought against you by the United States Attorney for the Southern District of Georgia for violations of the criminal code.
However, the complaint served on you on l
December 10, 1992, is a totally sept ate action for civil violations under the j
Program Fraud Civil Remedies Act.
'ihis law is an additional remedy available to a federal agency.
It permits the NRC to bring an administrative action i
against anyone who has presented a false claim or statement to the agency for
{
twice the amount falsely claimed plus up to $5,000 for each false claim or j
statement.
)
l Because the complaint under the Program Fraud Civil Remedies Act is j
independent of the criminal action brought by the United States Attorney, your request to withdraw the complaint is denied.
Pursuant to the NRC regulations implementing the Program Fraud Civil Remedies Act at 10 C.F.R. 9513.9 and 13.11, we are filing with the Administrative Law Judge for the NRC the complaint and your general answer and request for an extension of time.
Pursuant to 10 C.F.R. S 13.9, the ALJ may grant you an extension of up to thirty additional days for good cause.
Sincerely, a
i Martin G. Malsch NRC Reviewing Official and Deputy General Counsel for n
Licensing and Regulation toq,V Office of the General Counsel 9309040302 930106 PDR MISC 9308040302 PDR
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