ML20057B068
| ML20057B068 | |
| Person / Time | |
|---|---|
| Issue date: | 12/31/1992 |
| From: | Lieberman J NRC OFFICE OF ENFORCEMENT (OE) |
| To: | Bernero R, Murley T, Norry P NRC OFFICE OF ADMINISTRATION (ADM), NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS), Office of Nuclear Reactor Regulation |
| Shared Package | |
| ML20057B067 | List: |
| References | |
| FRN-58FR33042, RULE-PR-150, RULE-PR-19, RULE-PR-30, RULE-PR-40, RULE-PR-50, RULE-PR-60, RULE-PR-61, RULE-PR-70, RULE-PR-72 AE50-1-002, AE50-1-2, NUDOCS 9309170122 | |
| Download: ML20057B068 (41) | |
Text
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NUCLEAR REGULATORY COMMIMilON f)d$
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DEC 311992 MEMORANDUM FOR:
Thomas E. Murley, Director Office of Nuclear Reactor Regulation Robert M.
Bernero, Director Office of Nuclear Material Safety & Safeguards Patricia G.
Norry, Director Office of Administration Stuart A. Treby, Assistant General Counsel for Rulemaking Office of General Counsel Edward L.
Jordan, Director Office for Analysis & Evaluation of Operational Data FROM:
James Lieberman, Director Office of Enforcement
SUBJECT:
PROPOSED RULE AMENDMENTS TO WHISTLEBLOWER
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l Attached is a copy of the proposed rule amending 10 CFR 19.11, 30.7, 40.7, 50.7, 60.9, 61.9, 70.7, and 72.10 and conforming modification to the NRC Manual Chapter 0517 for your concurrence.
Forms NRC-3 and 3A are still at the printer and will be sent to you for final review when we receive them.
If you have any questions, please contact Dick Rosano at 504-3282.
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James Lieberman, Director Office of Enforcement
Enclosure:
As Stated cc:
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NUCLEAR REGULATORY COMMISSION o
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WASHINGTON D. C. 20555 O s..... /
MEMORANDUM FOR:
James M.
Taylor Executive Director for Operations FROM:
James Lieberman, Director Office of Enforcement
SUBJECT:
PROPOSED RULE AMENDING 10 CFR PART 19.11, 30.7, 40.7, 50.7, 60.9, 61.9, 70.7, AND 72.10 AND CONFORMING MODIFICATION TO THE NRC MANUAL CHAPTER 0517 Enclosed for your signature is a proposed rule to be published in the Federal Reaister that will amend 10 CFR 19.11, 30.7, 40.7, 50.7, 60.9, 61.9, 70.7, and 72.10 (Enclosure 1) to conform those sections to the nuclear whistleblower protection provisions of the Energy Policy Act of 1992.
Also enclosed are the conforming modifications to the NRC Manual Chapter 0517 to reflect the statutory changes (Enclosure 2).
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On October 5, 1992, Congress passed the Energy Policy Act of 1992 t,'-')
which contains provisions amending Section 210 of the Energy Reorganization Act of 1974, as amended (ERA).
Specifically, the legislation: (1) extends the time for filing a claim of discrimination from 30 days to 180 days; (2) extends protection to employees of Agreement State licensees; (3) clarifies that employees are also protected who report concerns to their management; (4) extends protection to employees who have " refused to engage in" an unlawful practice, provided that the employee has identified the illegality to the employer; (5) extends protection to employees who have testified before Congress or in any federal or state proceeding regarding Section 211; and (6) renumbers the old Section 230 us 'ection 211 to overcome confusion caused by two similarly numbered sections of the ERA.
In addition, the new legislation also requires that employers post the whistleblower protection provisions in a prominent place at the work site.
The purpose of this rulemaking is to make those changes in 10 CFR 19.11, " Posting of Notices to Workers", and 10 CFR 30.7, 40.7, j
50.7, 60.9, 61.9, 70.7, and 72.10, " Employee Protection", that are necessary to conform the regulations to the language of the Energy Policy Act.
Specifically, Section 19.11(c) will now j
require licensees to post the latest revision of Form NRC-3 (Enclosure 3) and the provisions of Section 211 of the ERA that we will make available on Form NRC-3A (Enclosure 4).
Sections
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30.7, 40.7, 50.7, 60.9, 61.9, 70.7, and 72.10, " Employee
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Protection", are being revised to reflect items 1, 3,
4, 5,
and 6
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discussed in the preceding paragraph.
Also, references in
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Mr. James M. Taylor certain sections of the regulations to " compensation, terms, conditions, and privileges of employment" are also being changed to " compensation, terms, conditions, or privileges of employment".
This change is necessary to correct earlier language to conform to the language in the ERA.
The exemption in Section 30.7, 40.7, and 70.7 for general licensees to post Form NRC-3 is being deleted.
This deletion is necessary to conform to the posting requirement of the Energy Policy Act.
In addition, NRC Manual Chapter 0517 will be revised to reflect the changes resulting from the new energy policy.
The staff has determined that a backfit analysis is not required for this proposed rule because these amendments deal with implementation of changes required by statute and do not involve any provisions which would impose backfits as defined in 10 CFR 50.109 (a) (1).
A notice to the Commission that the EDO has signed this proposed rule is enclosed for publication in the next Weekly Report to the Commission (Enclosure 5).
The appropriate Congressional committees will be notified (Enclosure 6).
A copy of the proposed rule will be distributed to all affected licensees and other interested persons.
Neither an environmental impact statement nor an environmental assessment and finding of no significant impact has been prepared for this proposed rule because it meets the criteria for a categorical exclusion under 10 CFR 51. 22 (c) (2).
The Office of Administration, the Office of Governmental and Public Affairs, the Office of Nuclear Material Safety &
Safeguards, and the Office of Nuclear Reactor Regulation concur in these amendments.
The Office of the General Counsel has no legal objection to this proposal.
James Lieberman, Director Office of Enforcement
Enclosures:
1.
Federal Register Notice of Proposed Rulemaking 2.
Modifications to NRC Manual Chapter 0517 3.
Form NRC-3 4.
Form NRC-3A 5.
Weekly Report to the Commission 6.
Congressional Letter
Mr. James M. Taylor DISTRIBUTION:
JLieberman, OE CVanDenburgh, OE DRosano, OE LTran, OE BReamer, OGC Day Film OE OE OGC OGC ADM LTran DRosano BReamer STreby
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ENCLOSURE 1 l
l Federal Register Notice of Proposed Rulemaking 1
Acoroved for Publication The Commission has delegated to the EDO (10 CFR 1.31(c)) the authority to develop and promulgate rules as defined in the APA (5 U.S.C.
551(4)) subject to the limitations in NRC Manual Chapter 0103, Organization and Functions, Office of the Executive Director for Operations, paragraphs'0213, 038, 039, and 0310.
The enclosed proposed rule would amend Parts 19.11, 30.7, 40.7, 50.7, 60.9, 61.9, 70.7, and 72.10 resulting from the Energy Policy Act of 1992.
This proposed rule does not constitute a significant question of policy, nor does it amend regulations contained in 10 CFR Parts 7,
8, or 9 Subpart C concerning matters of policy.
I therefore find that this rule is within the scope of my rulemaking authority and am proceeding to issue it.
Date James M.
Taylor Executive Director for Operations a
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NUCLEAR REGULATORY COMMISSION 10 CFR 19.11, " Posting of Notices to Workers" 10 CFR 30.7, 40.7, 50.7, 60.9, 61.9, 70.7, and 72.10, " Employee Protection" AGENCY:
Nuclear Regulatory Commission.
ACTION:
Proposed Rule
SUMMARY
The Nuclear Regulatory Commission ("NRC" or
" Commission") is amending its regulations to reflect the new nuclear whistleblower protection provisions of the Energy Policy Act of 1992 which was enacted on October 24, 1992. The Act contains provisions amending Section 210 of the Energy Reorganization Act of 1974, as amended
(" ERA").
The legislation, among other things, extends the period in which to file a claim to 180 days and, bechitse there were two Sections 210 in the Energy Reorganization Act, the legislation renumbers the whistleblower protection provisions to Section 211.
DATE:
The comment period expires (thirty days after publication in the Federal Register).
Comments received after this date will be considered if it is practical to do so, but the Commission is able to ensure consideration only for comments received on or before this date.
ADDRESSES:
Submit comments to:
Secretary, U.S.
Nuclear Regulatory Commission, Washington, DC 20555.
ATTN:
Docketing and Services Branch.
Hand deliver comments to:
11555 Rockville Pike, Rockville, Maryland between 7:45 a.m. and 4:15 p.m. Federal workdays.
Copies of comments, Form NRC-3, and Form NRC-3A may be examined at the NRC Public Document Room, 2120 L Street, NW (Lower Level), Washington, DC FOR FURTHER INFORMATION CONTACT:
James Lieberman, Office of Enforcement, U.
S.
Nuclear Regulatory Commission, Washington, DC 20555, Telephone: 301-504-2741 SUPPLEMENTARY INFORMATION:
The President signed into law the Energy Policy Act of 1992 on October 24, 1992, Public Law 102-486.
Section 2902, " Employee Protection for Nuclear Whistleblowers", includes provisions amending Section 210 of the Energy Reorganization Act of 1974, as amended. The changes pertinent to this rulemaking include the following:
1 3
i (1) Because there were two Sections 210 in the ERA, the legislation renumbers the whistleblower protection provisions to Section 211.
l (2) The new legislation extends the period in which a whistleblower complaint may be filed from 30 days to 180 days.
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(3) The new legislation extends and/or clarifies protection I
to new classes of employees and employers to include:
(a) employees who bring or are about to bring concerns directly to their employers; (b) employees who have " refused to engage in" an unlawful practice, provided that the employee has identified the illegality to the employer; (c) employees who have testified, or are about to testify, before Congress or in any federal or state proceeding regarding Section 211.
(4) The new legislation also requires that employers post the whistleblower protection provisions be prominently posted at the work site.
As a result of these legislative changes, the NRC has concluded that its regulations in 10 CFR 19.11, " Posting of l
Notices to Workers", and 10 CFR 30.7, 40.7, 50.7, 60.9, 61.9, 70.7, and 72.10, " Employee Protection" need to be changed.
Currently, Section 19.11(c) requires that version June 1982 or later of the Form NRC-3, " Notice to Employees", be posted.
This section is being changed to eliminate uncertainty and to ensure that the most recent version of Form NRC-3 is posted.
The language is modified such that the date of publication for Form NRC-3 is inserted in the revision to 10 CFR 19.11(c) so that, in the future, when Form NRC-3 is changed, Part 19 will also be changed.
In addition, Section 19.11(c) is modified to include posting of the provisions of Section 211 of the Energy Reorganization Act.
Regarding 10 CFR 30.7, 40.7, 50.7, 60.9, 61.9, 70.7, and 72.10, " Employee Protection", the following changes are being made to reflect the new legislation: (1) the applicable Section 210 is renumbered to Section 211; (2) the definition of protected activities is modified to reflect the provisions of the Energy Policy Act of 1992; (3) the period in which a complaint can be filed is changed from 30 days to 180 days; and (4) the provisions of Section 211 of the Energy Reorganization Act are required to be posted.
References in certain sections of the regulations to
" compensation, terms, conditions, and privileges of employment" are being changed to " compensation, terms, conditions, or privileges of employment".
This change is necessary to correct n
earlier language to conform to the language in the Energy Reorganization Act of 1974, as amended.
In addition, the kj}
I exemption in Section 30.7, 40.7, and 70.7 for general licensees
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to post Form NRC-3 is being deleted.
This deletion is necessary to conform to the posting requirement of the Energy Policy Act.
Additionally, these sections are being amended to require licensees and applicants to notify their contractors of the i
posting required by Section 211(i) of the ERA and of the i
prohibition against discrimination for engaging in protected activities.
Further, licensees and applicants shall require contractors to provide similar notification to their subcontractors.
The purpose of these notifications is to assure that contractors and subcontractors understand their obligations under the ERA and to avoid discrimination against employees for raising safety issues.
As provided in 10 CFR 30.7(c), 40.7(c),
j 50.7(c), 60.9(c), 61.9(c), 70.7(c), and 72.10(c) of these regulations, licensees and applicants may be subject to j
enforcement action for discrimination caused by their contractors or subcontractors.
Environmental Impact:
Categorical Exclusion The NRC has determined that this proposed rule is the type of action described in categorical exclusion 10 CFR 51.22 (c) (2).
Therefore, neither an environmental impact statement nor an
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environmental assessment has been prepared for this rule.
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Paperwork Reduction Act Statement j
This rule contains no information collection requirements and, therefore, is not subject to the requirements of the Paperwork Reduction Act of 1980 (44 U.S.C.
3501 et seq.).
Regulatory Analysis The Nuclear Regulatory Commission is proposing to make statutorily mandated changes in 10 CFR 19.11, 30.7, 40.7, 50.7, 60.9, 61.9, 70.7, and 72.10 in order to conform it to the language of the nuclear whistleblower provision of the Energy.
Policy Act of 1992.
Backfit Analysis The Nuclear Regulatory Commission has determined that the backfit rule, 10 CFR 50.109, does not apply to this proposed rule and that a backfit analysis is not required for this final rule.
The backfit analysis is not required because these amendments are required by law and do not involve any provisions which would impose backfits as defined in 10 CFR 50.109 (a) (1).
List of Subjects 10 CFR Part 19 - Environmental protection, Nuclear materials, Nuclear power Plants and reactors, Occupational safety
i O
and health, Penalty, Radiation protection, Reporting and recordkeeping requirements, Sex discrimination.
10 CFR Part 30 - Byproduct material, Government contracts, Penalty, Radiation protection, Reporting and recordkeeping requirements.
10 CFR Part 40 - Government contracts, Hazardous materials -
Transportation, Nuclear materis, Penalty, Reporting and recordkeeping requirements, Sou&ce material, Uranium.
10 CFR Part 50 - Antitrust, Classified information, Fire protection, Incorporation by reference, Intergovernmental relations, Nuclear power plants and reactors, Penalty, Radiation protection, Reactor siting criteria, Reporting and recordkeeping requirements.
10 CFR Part 60 - High-level waste, Nuclear power plants and
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reactors, Nuclear materials, Penalty, Reporting and recordkeeping requirements, Waste treatment and disposal.
10 CFR Part 81 - Low-level waste, Nuclear materials, Penalty, Reporting and recordkeeping requirements, Waste treatment and disposal.
10 CFR Part 70 - Hazardous materials - Transportation, Material control and accounting, Nuclear materials, Packing and containers, Penalty, Radiation protection, Reporting and recordkeeping requirements, Scientific equipment, Security i
measures, Special nuclear material.
10 CFR Part 72 - Manpower training programs, Nuclear materials, Occupational safety and health, Reporting and recordkeeping requirements, Security measures, Spent fuel.
For the reasons set out in the preamble and under authority of the Atomic Energy Act of 1954, as amended, the Energy Reorganization Act of 1974, as amended, and 5 U.S.C. 553, the NRC is proposing the following amendments to 10 CFR 19, 30, 40, 50, 60, 61, 70, and 72.
PART 19 -
NOTICES, INSTRUCTIONS AND REPORTS TO WORKERS:
INSPECTION AND INVESTIGATIONS 1.
The authority citation for Part 19 is revised to read as follows:
AUTHORITY:
Secs. 53, 63, 81, 103, 104, 161, 186, 68 Stat.
930, 933, 935, 936, 937, 948, 955, as amended, sec. 234,_83 Stat.
444, as amended (42 U.S.C.
2073, 2093, 2111, 2133, 2134, 2201, 2236, 2282); sec. 201, 88 Stat. 1242, as amended (42 U.S.C.
P n - -
~
i 5841).
Pub.
L.95-601, sec. 10, 92 Stat. 2951 (42 U.S.C. 5851).
Pub.
L.
102-486, sec.2902, Stat.
(42 U.S.C.
5851)
.)
2.
In 519.11, paragraph (c) is revised to read as follows:
519.11 Postina of notices to workers l
(c)
Each licensee and applicant shall post copies of: (i) Form i
NRC-3, (Revision dated [ insert date of newly published Form NRC-3]), " Notice to Employees", and (ii) the provisions of section o
211 of the Energy Reorganization Act of 1974, as amended, as required by Parts 30, 40, 50, 60, 61, 70, 72, and 150 of this chapter.
Note - Copies of Form NRC-3 and the provisions of section 211 of the Energy Reorganization Act of 1974, as amended (Form NRC-3A), may be obtained j
by writing to the Regional Administrator of the appropriate U.S. Nuclear Regulatory Commission Regional Office listed in Appendix D, Part 20 of this chapter.
PART 30 -
RULES OF GENERAL APPLICABILITY TO DOMESTIC LICENSING OF BYPRODUCT MATERIAL 3.
The authority citation for Part 30 is revised to read as follows:
AUTHORITY:
Secs. 81, 82, 161, 182, 183, 186, 68 Stat. 935, 948, 953, 954, 955, as amended, sec. 234, 83, Stat. 444, as amended (42 U.S.C.
2111, 2112, 2201, 2232, 2233, 2236, 2282);
.l secs. 201 as amended, 202, 206, 88 Stat. 1242, as amended, 1244, 1246 (42 U.S.C.
5841, 5842, 5846).
j Section 30.7 also issued under Pub.
L.95-601, sec. 10 ~, 92 Stat. 2951 (42 U.S.C. 5851) and Pub.
L.
102-sec.2902, Stat.
(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).
4.
In $30.7, paragraphs (a) and (a) (1) (1) are revised; paragraphs (a) (1) (ii) and (a) (1) (iii) are redesignated as paragraphs (a) (1) (iii) and (a) (1) (iv), respectively; a new paragraph (a) (1) (ii) is added; paragraph (a) (1) (iv), as redesignated, is revised; paragraph (v) is added; paragraphs (b),
(c), and (e) are revised; paragraph (f) is removed; paragraph (g) is redesignated as paragraph (f); and paragraph (f), as redesignated, is revised to read as follows:
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S30.7 Employee crotection (a)
Discrimination by a Commission licensee, an applicant for a Commission license,_or a contractor or subcontractor of a Commission licensee or applicant against an employee for engaging in certain protected activities is prohibited.
Discrimination includes discharge and other actions that relate to compensation, terms, conditions, or privileges of employment.
The protected activities are established in section 211 of the Energy Reorganization Act of 1974, as amended, and in general are related to the administration or enforcement of a requirement imposed under the Atomic Energy Act or the Energy Reorganization Act.
(1)*
(i)
Providing the Commission or his or her employer information about alleged violations of either of the above statutes or possible violations of requirements imposed under either of the above statutes; (ii)
Refusing to engage in any practice made unlawful either by statute or under these requirements if the employee has identified the alleged illegality to the employer; (iii)*
(iv)
Testifying in any Commission proceeding, or before Congress, or at any Federal or State proceeding regarding any provision (or proposed provision) of either of the above statutes.
(v)
Assisting or participating in, or is about to assist or participate in, the above activities.
(2)*
(3)*
(b)
Any employee who believes that he or she has been discharged or otherwise discriminated against by any person for engaging in protected activities specified in paragraph (a) (1) of this section may seek a remedy for the discharge or discrimination through an administrative proceeding in the Department of Labor.
The administrative proceeding must be initiated within 180 days after an alleged violation occurs by filing a complaint alleging the violation with the Department of Labor, Employment Standards Administration, Wage and Hour Division.
The Department of Labor may order reinstatement, back pay, and compensatory damages.
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(c)
A violation of paragraphs (a), (e), or (f) of this section by a Commission licensee, an applicant for a Commission license, or a contractor or subcontractor of a Commission licensee or applicant may be grounds for -
(1)*
(2)*
(3)*
(e)
Each licensee and each applicant shall post on its premises copies of: (i) Form NRC-3, " Notice to Employees",
referenced at 10 CFR 19.11(c), and (ii) the provisions of section 211 of the Energy Reorganization Act of 1974, as amended.
Posting must be at locations sufficient to permit employees protected by this section to observe a copy on the way to or from their place of work.
Premises must be posted not later than 30 days after an application is docketed and remain posted while the application is pending before the Commission, during the term of the license, and for 30 days following license termination.
In
[ 'N addition, licensees and applicants shall notify their contractors
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of the requirement of section 211(i) of the Energy Reorganization Act to post the provisions of section 211 and of the prohibition against discharging or otherwise discriminating against a person for engaging in protected activities.
The licensees and applicants shall require contractors to include these notifications in procurement documents for subcontractors providing goods and services for licensed activities.
Note - Copies of Form NRC-3 and the provisions of section 211 of the Energy Reorganization Act of 1974, as amended (Form NRC-3A), may be obtained by writing to the Pegional Administrator of the appropriate U.S.
Nuclear Pegulatory Commission Regional office listed in Appendix D, Part 20 of this chapter.
(f)
No agreement affecting the compensation, terms, conditions or privileges of employment, including an agreement to settle a complaint filed by an employee with the Department of Labor pursuant to section 211 of the Energy Reorganization Act of 1974, as amended, may contain any provision which would prohibit, l
restrict, or otherwise discourage an employee from participating l
in protected activity as defined in paragraph (a) (1) of this section including, but not limited to, providing information to the NRC or to his or her employer on potential violations or other matters within NRC's regulatory responsibilities.
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9 PART 40 -
DOMESTIC LICENSING OF SOURCE MATERIAL 5.
The authority citation for Part 40 is revised to read as follows:
AUTHORITY:
Secs. 62, 63, 64, 65, 81, 161, 182, 183, 186, 68 Stat. 932, 933, 935, 948, 963, 954, 955, as amended, secs.
11e(2), 83, 84, Pub.
L.95-604, 92 Stat. 3033, as amended, 3039, sec. 234, 83 Stat. 444, as amended (42 U.S.C.
2014 (e) ( 2 ), 2092, 2093, 2094, 2095, 2111, 2113, 2114, 2201, 2232, 2233, 2236, 2282); sec. 274, Pub.
L.86-373, 73 Stat. 688 (42 U.S.C.
2021);
secs. 201, as amended, 202, 206, 88 Stat. 1242, as amended, 1244, 1246 (42 U.S.C.
5841, 5842, 5846); sec. 375, 92 Stat. 3021, as amended by Pub.
L.97-415, 96 Stat. 2067 (42 U.S.C. 2022).
Section 40.7 also issued under Pub.
L.95-601, sec. 10, 92 Stat. 2951 (42 U.S.C.
5851) and Pub.
L.
102-486, sec. 2902, Stat.
(42 U.S.C. 5851).
Section 40.31(g) also 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 under sec. 187, 68 Stat. 955 (42 U.S.C. 2237).
6.
In 540.7, paragraphs (a) and (a) (1) (i) are revised; paragraphs (a) (1) (ii) and (a) (1) (iii) are redesignated as paragraphs (a) (1) (iii) and (a) (1) (iv), respectively; a new paragraph (a) (1) (ii) is added; paragraph (a) (1) (iv), as redesignated, is revised; paragraph (v) is added; paragraphs (b),
(c), and (e) are revised; paragraph (f) is removed; paragraph (g) is redesignated as paragraph (f); and paragraph (f), as redesignated, is revised to read as follows:
i S40.7 Emolovee protection (a)
Discrimination by a Commission licensee, an applicant for a Commission license, or a contractor or subcontractor of a Commission licensee or applicant against an employee for engaging in certain protected activities is prohibited.
Discrimination includes discharge and other actions that relate to compensation, terms, conditions, or privileges of employment.
The protected activities are established in section 211 of the Energy Reorganization Act of 1974, as amended, and in general are related to the administration or enforcement of a requirement imposed under the Atomic Energy Act or the Energy Reorganization Act.
(1)*
(i)
Providing the Commission or his or her employer information about alleged violations of either of the above statutes or possible violations of requirements imposed under either of the above statutes; i
10 (ii)
Refusing to engage in any practice made unlawful either by statute or under these requirements if the employee has identified the alleged illegality to the employer; (iii)*
l (iv)
Testifying in any Commission proceeding, or before Congress, or at any Federal or State proceeding regarding any provision (or proposed provision) of either of the above statutes.
(v)
Assisting or participating in, or is about to assist or participate in, the above activities.
(2)*
(3)*
1 (b)
Any employee who believes that he or she has been discharged or otherwise discriminated against by any person for engaging in protected activities specified in paragraph (a) (1) of this section may seek a remedy for the discharge or discrimination through an administrative proceeding in the Department of Labor.
The administrative proceeding must be
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initiated within 180 days after an alleged violation occurs by filing a complaint alleging the violation with the Department of Labor, Employment Standards Administration, Wage and Hour Division.
The Department of Labor may order reinstatement, back pay, and compensatory damages.
(c)
A violation of paragraphs (a), (e), or (f) of this section by a Commission licensee, an applicant for a Commission license, or a contractor or subcontractor of a Commission licensee or applicant may be grounds for -
(1)*
(2)*
(3)*
(e)
Each licensee and each applicant shall post on its premises copies of: (i) Form NRC-3, " Notice to Employees",
referenced at 10 CFR 19.11(c), and (ii) the provisions of section 211 of the Energy Reorganization Act of 1974, as amended.
Posting must be at locations sufficient to permit employees protected by this section to observe a copy on the way to or from their place of work.
Premises must be posted not later than 30 days after an application is docketed and remain posted while the application is pending before the Commission, during the term of
s 11 the license, and for 30 days following license termination.
In addition, licensees and applicants shall notify their contractors of the requirement of section 211(i) of the Energy Reorganization Act to post the provisions of section 211 and of the prohibition against discharging or otherwise discriminating against a person for engaging in protected activities.
The licensees and applicants shall require contractors to include these notifications in procurement documents for subcontractors providing goods and services for licensed activities.
Note - Copies of Form NRC-3 and the provisions of section 211 of the Energy Reorganization Act of 1974, as amended (Form NRC-3A), may be obtained
?
by writing to the Regional Administrator of the appropriate U.S. Nuclear Regulatory Commission Regional office listed in Appendix D, Part 20 of this chapter.
(f)
No agreement affecting the compensation, terms, conditions or privileges of employment, including an agreement to settle a complaint filed by an employee with the Department of Labor pursuant to section 211 of the Energy Reorganization Act of 1974, may contain any provision which would prohibit, restrict, or otherwise discourage an employee from participating in protected activity as defined in paragraph (a) (1) of this section including, but not limited to, providing information to the NRC or to his or her employer on potential violations or other
(
matters within NRC's regulatory responsibilities.
PART 50 -
DOMESTIC LICENSING OF PRODUCTION AND UTILIZATION FACILITIES 7.
The authority citation for Part 50 is revised to read as follows:
AUTHORITY:
Secs. 102, 103, 104, 105, 161, 182, 183, 186, 189, 68 Stat. 936, 937, 938, 948, 953, 954, 955, 956, as amended, sec. 234, 83 Stat. 1244, as amended (42 U.S.C.
2132, 2133, 2134, 2135, 2201, 2232, 2233, 2236, 2239, 2282); secs. 201, as amended, 202, 206, 88 Stat. 1242, as amended, 1244, 1246 (42 U.S.C.
- 5841, 5842, 5846).
Section 50.7 is also issued under Pub.
L.95-601, sec. 10, 92 Stat. 2951 (42 U.S.C.
5851) and Pub.
L.
102-486, sec. 2902, Stat.
(42 U.S.C. 5851).
Section 50.10 also issued under secs. 101, 185, 68 Stat. 936, 955, as amended (42 U.S.C.
2131, 2235); sec. 102, Pub.
L.91-190, 82 Stat. 853 (42 U.S.C.
4332).
Sections 50.13, 50.54 (dd), and 50.103 also issued under sec. 108, 68 Stat. 939, as amended (42 U.S.C. 2138).
Sections 50.23, 50.35, 50.55, and 50.56 also issued under sec. 185, 68 Stat. 955 (42 U.S.C.
2235).
Sections 50.33a, 50.55a and Appendix Q also issued under sec. 102.
Pub.
L.91-190, 83 Stat. 853 (42 U.S.C. 4332).
Sections 50.34 and 50.54 also issued under sec. 204, 88 Stat. 1245 (42 U.S.C. 5844).
Sections 50.58, 50.91, and 50.92 also issued under Pub.
L.97-415, 96 Stat. 2073 (42 U.S.C.
s
12 2239).
Section 50.78 also issued under sec. 122, 68 Stat. 939 (42 U.S.C. 2152).
Sections 50.80-50-81 also issued under sec. 184, 68 Stat. 954, as amended (42 U.S.C. 2234).
Appendix F also issued under sec. 187, 68 Stat. 955 (42 U.S.C.
2237).
8.
In 550.7, paragraphs (a) and (a) (1) (1) are revised; paragraphs (a) (1) (ii) and (a) (1) (iii) are redesignated as paragraphs (a) (1) (iii) and (a) (1) (iv), respectively; a new paragraph (a) (1) (ii) is added; paragraph (a) (1) (iv), as redesignated, is revised; paragraph (v) is added and paragraphs (b), (e), and (f) are revised to read as follows:
S 50.7 Emolovee protection i
(a)
Discrimination by a Commission licensee, an applicant for i
a Commission license, or a contractor or subcontractor of a Commission licensee or applicant against an employee for engaging in certain protected activities is prohibited.
Discrimination includes discharge and other actions that relate to compensation, terms, conditions, or privileges of employment.
The protected activities are established in section 211 of the Energy Reorganization Act of 1974, as amended, and in general are related to the administration or enforcement of a requirement imposed under the Atomic Energy Act or the Energy Reorganization Act.
(1)*
(i)
Providing the Commission or his or her employer information about alleged violations of either of the above statutes or possible violations of requirements imposed under either of the above statutes; i
(ii)
Refusing to engage in any practice made unlawful either by statute or under these requirements if the employee has identified the alleged illegality to the employer; (iii) *
(iv)
Testifying in any Commission proceeding, or before Congress, or at any Federal or State proceeding regarding any provision (or proposed provision) of either of the above statutes.
(v)
Assisting or participating in, or is about to assist or participate in, the above activities.
(2)*
(3)*
13 A
(b)
Any employee who believes that he or she has been discharged or otherwise discriminated against by any person for engaging in protected activities specified in paragraph (a) (1) of this section may seek a remedy for the discharge or discrimination through an administrative proceeding in the i
Department of Labor.
The administrative proceeding must be initiated within 180 days after an alleged violation occurs by filing a complaint alleging the violation with the Department of Labor, Employment Standards Administration, Wage and Hour Division.
The Department of Labor may order reinstatement, back pay, and compensatory damages.
(e)
Each licensee and each applicant shall post on its premises copies of: (i) Form NRC-3, " Notice to Employees",
referenced at 10 CFR 19.11(c), and (ii) the provisions of section 211 of the Energy Reorganization Act of 1974, as amended.
Posting must be at locations sufficient to permit employees protected by this section to observe a copy on the way to or from their place of work.
Premises must be posted not later than 30 days after an application is docketed and remain posted while the application is pending before the Commission, during the term of
[
the license, and for 30 days following license termination.
In addition, licensees and applicants shall notify their contractors of the requirement of section 211(i) of the Energy Reorganization Act to post the provisions of section 211 and of the prohibition against discharging or otherwise discriminating against a person for engaging in protected activities.
The licensees and applicants shall require contractors to include these notifications in procurement documents for subcontractors providing goods and services for licensed activities.
Note - Copies of Form NRC-3 and the provisions of section 211 of the Energy Reorganization Act of 1974, as amended (Form NRc-3A), may be obtained by writing to the Regional Administrator of the appropriate U.S.
Nuclear i
Regulatory Commission Regional office listed in Appendix D, Part 20 of this chapter.
(f)
No agreement affecting the compensation, terms, conditions or privileges of employment, including an agreement to settle a complaint filed by an employee with the Department of Labor pursuant to section 211 of the Energy Reorganization Act of 1974, as amended, may contain any provision which would prohibit, restrict, or otherwise discourage an employee from participating in protected activity as defined in paragraph (a) (1) of this section including, but not limited to, providing information to the NRC or to his or her employer on potential violations or other matters within NRC's regulatory responsibilities.
O PART 60 -
DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTES IN GEOLOGIC REPOSITORIES
_. ~ -
14 7.
The authority citation for Part 60 is revised to read as follows:
AUTHORITY:
Secs. 51, 53, 62, 63, 65, 81, 161, 182, 183, 68 Stat. 929, 930, 932, 933, 935, 948, 953, 954, as amended (42 U.S.C.
2071, 2073, 2092, 2093, 2095, 2111, 2201, 2232, 2233);
secs. 202, 206, 88 Stat. 1244, 1246 (42 U.S.C.
5842, 5846); secs.
i 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 (42 U.S.C.
4332);
secs. 114, 121, Pub.
L.97-425, 96 Stat. 2213(g), 2228 as amended (42 U.S.C.
10134, 10141) and Pub.
L.
102-486, sec. 2902, Stat.
(42 U.S.C. 5851).
8.
In S60.9, paragraphs (a) and (a) (1) (i) are revised; paragraphs (a) (1) (ii) and (a) (1) (iii) are redesignated as paragraphs (a) (1) (iii) and (a) (1) (iv), respectively; a new paragraph (a) (1) (ii) is added; paragraph (a) (1) (iv), as redesignated, is revised; paragraph (v) is added; and paragraphs (b), (e), and (f) are revised to read as follows:
S 60.9 Employee protection (a)
Discrimination by a Commission licensee, an applicant for O.
a Commission license, or a contractor or subcontractor of a Commission licensee or applicant against an employee for engaging in certain protected activities is prohibited.
Discrimination includes discharge and other actions that relate to compensation, terms, conditions, or privileges of employment.
The protected activities are established in section 211 of the Energy Reorganization Act of 1974, as amended, and in general are related to the administration or enforcement of a requirement imposed under the Atomic Energy Act or the Energy Reorganization Act.
(1) *
(i)
Providing the Commission or his or her employer information about alleged violations of either of the above statutes or possible violations of requirements imposed under either of the above statutes; (ii)
Refusing to engage in any practice made unlawful either by statute or under these requirements if the employee has identified the alleged illegality to the employer; (iii)*
(iv)
Testifying in any Commission proceeding, or before Congress, or at any Federal or State proceeding regarding any provision (or proposed provision) of either of the above statutes.
5
.~
/"
8 15 (v)
Assisting or participating in, or is about to assist or participate in, the above activities.
(2)*
(3)*
(b)
Any employee who believes that he or she has been discharged or otherwise discriminated against by any person for engaging in protected activities specified in paragraph (a) (1) of this section may seek a remedy for the discharge or discrimination through an administrative proceeding in the Department of Labor.
The administrative proceeding must be initiated within 180 days after an alleged violation occurs by filing a complaint alleging the violation with the Department of Labor, Employment Standards Administration, Wage and Hour Division.
The Department of Labor may order reinstatement, back pay, and compensatory damages.
(e)
Each licensee and each applicant shall post on its premises copies of: (i) Form NRC-3, " Notice to Employees",
referenced at 10 CFR 19.11(c), and (ii) the provisions of section 211 of the Energy Reorganization Act of 1974, as amended.
Posting must be at locations sufficient to permit employees protected by this section to observe a copy on the way to or from their place of work.
Premises must be posted not later than 30 days after an application is docketed and remain posted while the application is pending before the Commission, during the term of the license, and for 30 days following license termination..In addition, licensees and applicants shall notify their contractors of the requirement of section 211(i) of the Energy Reorganization Act to post the provisions of section 211 and of the prohibition against discharging or otherwise discriminating against a person for engaging in protected activities.
The licensees and applicants shall require contractors to include these notifications in procurement documents for subcontractors providing goods and services for licensed activities.
Note - copies of Fonn NRC-3 and the provisions of section 211 of the Energy Reorganization Act of 1974, as amended (Form NRC-3A), may be obtained by writing to the Regional Administrator of the appropriate U.S. Nuclear Regulatory commission Regional office listed in Appendix D, Part 20 of this chapter.
(f)
No agreement affecting the compensation, terms, conditions or privileges of employment, including an agreement to settle a complaint filed by an employee with the Department of Labor f
pursuant to section 211 of the Energy Reorganization Act of 1974, ew (s
as amended, may contain any provision which would prohibit, restrict, or otherwise discourage an employee from participating e
16
\\
in protected activity as defined in paragraph (a) (1) of this section including, but not limited to, providing information to the NRC or to his or her employer on potential violations or other matters within NRC's regulatory responsibilities.
PART 61 -
LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE 9.
The authority citation for Part 61 is revised to read as follows:
AUTHORITY:
Secs. 53, 57, 62, 63, 65, 81, 161, 182, 183, 68 Stat. 930, 932, 933, 935, 948, 953, 954, as amended (42 U.S.C.
- 2073,
.077, 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 (42 U.S.C.
2021a and 5851) and Pub.
L.
102-486, sec. 2902, Stat.
(42 U.S.C.
5851).
10.
In S61.9, paragraphs (a) and (a) (1) (i) are revised; paragraphs (a) (1) (ii) and (a) (1) (iii) are redesignated as paragraphs (a) (1) (iii) and (a) (1) (iv), respectively; a new paragraph (a) (1) (ii) is added; paragraph (a) (1) (iv), as
/
redesignated, is revised; paragraph (v) is added; and paragraphs
()/
(b), (e), and (f) are revised to read as follows:
561,9 Employee protection (a)
Discrimination by a Commission licensee, an applicant for a Commission license, or a contractor or subcontractor of a Commission licensee or applicant against an employee for engaging in certain protected activities is prohibited.
Discrimination includes discharge and other actions that relate to compensation, terms, conditions, or privileges of employment.
The protected activities are established in section 211 of the Energy Reorganization Act of 1974, as amended, and in general are related to the administration or enforcement of a requirement imposed under the Atomic Energy Act or the Energy Reorganization Act.
(1) *
(i)
Providing the Commission or his or her employer information about alleged violations of either of the above statutes or possible violations of requirements imposed under either of the above statutes; (ii)
Refusing to engage in any practice made unlawful by either statute or under these requirements if the employee has identified the alleged illegality to the employer; (iii)*
(
17
\\
(iv)
Testifying in any Commission proceeding, or before Congress, or at any Federal or State proceeding regarding any provision (or proposed provision) of either of the above statutes.
(v)
Assisting or participating in, or is about to assist or participate in, the above activities.
i (2)*
(3)*
(b)
Any employee who believes that he or she has been discharged or otherwise discriminated against by any person for engaging in protected activities specified in paragraph (a) (1) of this section may seek a remedy for the discharge or discrimination through an administrative proceeding in the Department of Labor.
The administrative proceeding must be initiated within 180 days after an alleged violation occurs by filing a complaint alleging the violation with the Department of Labor, Employment Standards Administration, Wage and Hour i
Division.
The Department of Labor may order reinstatement, back pay, and compensatory damages.
(e)
Each licensee and each applicant shall post on its premises copies of: (i) Form NRC-3, " Notice to Employees",
referenced at 10 CFR 19.11(c), and (ii) the provisions of section 211 of the Energy Reorganization Act of 1974, as amended.
Posting must be at locations sufficient to permit employees protected by this section to observe a copy on the way.to or from their place of work.
Premises must be posted not later than 30 days after an application is docketed and remain posted while the application is pending before the Commission, during the term of the license, and for 30 days following license termination.
In addition, licensees and applicants shall notify their contractors of the requirement of section 211(i) of the Energy Reorganization Act to post the provisions of section 211 and of the prohibition against discharging or otherwise discriminating against a person for engaging in protected activities.
The licensees and applicants shall require contractors to include these notifications in procurement documents for subcontractors providing goods and services for licensed activities.
Note - Copies of Form NRC-3 and the provisions of section 211 of the Energy Reorganization Act of 1974, as amended (Form NRC-3A), may be obtained by writing to the Regional Administrator of the appropriate U.S.
Nuclear Regulatory Commission Regional office listed in Appendix D, Part 20 of this chapter.
~
18 (f)
No agreement affecting the compensation, terms, conditions or privileges of employment, including an agreement to settle a complaint filed by an employee with the Department of Labor pursuant to section 211 of the Energy Reorganization Act of 1974, as amended, may contain any provision which would prohibit, restrict, or otherwise discourage an employee from participating in protected activity as defined in paragraph (a) (1) of this section including, but not limited to, providing information to the NRC or to his or her employer on potential violations or other matters within NRC's regulatory responsibilities.
PART 70 -
DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL 11.
The authority citation for Part 70 is revised to read as follows:
AUTHORITY: Secs. 51, 53, 161, 182, 183, 68 Stat. 923, 930, 948, 953, 954 as amended, secs. 234, 83 Stat. 444, as amended (42 U.S.C.
2071, 2073, 2201, 2232, 2233, 2282); Secs. 201, as amended., 202, 204,206, 88 Stat. 1242, as amended, 1244, 1245, 1246, ( 42 U.S.
C.
5841, 5842, 5845, 5846).
Sections 70.1(c) and 70.20a(b) also issued under secs. 135, 141, Pub.L.97-425, 96 Stat. 2232, 2242 (42 U.S.C.10155, 101610.
Section 70.7 also issued under Pub.
L.
5-601, sec.10, 92 Stat.
2951 (42 U.S.C.
5851) and Pub.
L.
102-486, sec. 2902,
. Stat.
(42 U.S.C. 5851).
Section 70.21(g) also issued under sec. 122, 68 Stat. 939 (42 U.S.C. 2152).
Section 70.31 also issued under sec. 57d, Pub.
L.93-377, 88 Stat. 475 (42 U.S.C. 2077).
Sections 70.36 and 70.44 also issued under sec. 184, 68 Stat.
954, as amended (42 U.S.C. 2234). Section 70.61 also issued under secs. 186, 187, 68 Stat. 955 (42 U.S.C.
2236, 2237).
Section 70.62 also issued under sec. 108, 68 Stat. 939, as amended (42 U.S.C. 2138).
12.
In 570.7, paragraphs (a) and (a) (1) (i) are revised; paragraphs (a) (1) (ii) and (a) (1) (iii) are redesignated as paragraphs (a) (1) (iii) and (a) (1) (iv), respectively; a new paragraph (a) (1) (ii) is added; paragraph (a) (1) (iv), as redesignated, is revised; paragraph (v) is added; paragraphs (b),
(c), and (e) are revised; paragraph (f) is removed; paragraph (g) is redesignated as paragraph (f); and paragraph (f), as i
redesignated, is revised to read as follows:
i i
1 O
19
(
S 70.7 Employee protection (a)
Discrimination by a Commission licensee, an applicant for a Commission license, or a contractor or subcontractor of a Commission licensee or applicant against an employee for engaging in certain protected activities is prohibited.
Discrimination includes discharge and other actions that relate to compensation, terms, conditions, or privileges of employment.
The protected activities are established in section 211 of the Energy Reorganization Act of 1974, as amended, and in general are related to the administration or enforcement of a requirement imposed under the Atomic Energy Act or the Energy Reorganization Act.
(1)*
(i)
Providing the Commission or his or her employer information about alleged violations of either of the above statutes or possible violations of requirements imposed under either of the above statutes; (ii)
Refusing to engage in any practice made unlawful either by statute or under these requirements if the employee has identified the alleged illegality to the employer; (iii)*
(iv)
Testifying in any Commission proceeding, or before Congress, or at any Federal or State proceeding regarding any provision (or proposed provision) of either of the above statutes.
(v)
Assisting or participating in, or is about to assist or participate in, the above activities.
(2)*
(3)*
(b)
Any employee who believes that he or she has been discharged or otherwise discriminated against by any person for engaging in protected activities specified in paragraph (a)(1) of i
this section may seek a remedy for the discharge or discrimination through an administrative proceeding in the Department of Labor.
The administrative proceeding must be initiated within 180 days after an alleged violation occurs by filing a complaint alleging the violation with the Department of Labor, Employment Standards Administration, Wage and Hour Division.
The Department of Labor may order reinstatement, back pay, and compensatory damages.
i
20 (c)
A violation of paragraphs (a), (e), or (f) of this section by a Commission licensee, an applicant for a Commission license, or a contractor or subcontractor of a Commission licensee or applicant may be grounds for -
(1)*
(2)*
(3)*
(e)
Each licensee and each applicant shall post on its premises copies of: (i) Form NRC-3, " Notice to Employees",
referenced at 10 CFR 19.11(c), and (ii) the provisions of section 211 of the Energy Reorganization Act of 1974, as amended.
Posting must be at locations sufficient to permit employees protected by this section to observe a copy on the way to or from their place of work.
Premises must be posted not later than 30 days after an application is docketed and remain posted while the application is pending before the Commission, during the term of the license, and for 30 days following license termination.
In O
- addition, licensees and applicants shall notify their contractors of the requirement of section 211(i) of the Energy Reorganization Act to post the provisions of section 211 and of the prohibition against discharging or otherwise discriminating against a person for engaging in protected activities.
The licensees and applicants shall require contractors to include these notifications in procurement documents for subcontractors providing goods and services for licensed activities.
Note - Copies of Form NRC-3 and the provisions of section 211 of the Energy Reorganization Act of 1974, as amended (Form NRC-3A), may be obtained by writing to the Regional Administrator of the appropriate U.S. Nuclear Regulatory Commission Regional office listed in Appendix D, Part 20 of this chapter.
(f)
No agreement affecting the compensation, terms, conditions or privileges of employment, including an agreement to settle a complaint filed by an employee with the Department of Labor pursuant to section 211 of the Energy Reorganization Act of 1974, as amended, may contain any provision which would prohibit, restrict, or otherwise discourage an employee from participating in protected activity as defined in paragraph (a) (1) of this section including, but not limited to, providing information to the NRC or to his or her employer on potential violations or other matters within NRC's regulatory responsibilities.
1
=_ _.
21 PART 72 -
LICENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF SPENT NUCLEAR FUEL AND HIGH-LEVEL RADIOACTIVE WASTE 13.
The authority citation for Part 72 is revised to read as follows:
AUTHORITY:
Secs. 51, 53, 57, 62, 63, 65, 69, 81, 161, 182, 183, 184, 186, 187, 189, 68 Stat. 929, 930, 932, 933, 934, 935, 938, 953, 954, 955, as amended, sec. 234, 83 Stat. 444, as amended (42 U.S.C.
2071, 2073, 2077, 2092, 2093, 2095, 2099, 2111, 2201, 2232, 2233, 2234, 2236, 2237, 2238, 2282), sec. 274 Pub.
L.86-373, 73 Stat. 688, as amended (42 U.S.C.
2021); sec. 201, as amended, 202, 206, 88 Stat. 1242, as amended, 1244, 1246 (42 U.S.C.
5841, 5842, 5846); Pub.
L.95-601, sec. 10, 92 Stat.
2951 (42 U.S.C.
5851); sec. 102, Pub.
L.91-190, 83 Stat. 853 )42 U.S.C.
4332); secs. 131, 132, 133, 125, 137, 141, Pub.
L.97-425, 96 Stat. 2229, 2230, 2232, 2241, sec. 148, Pub.
L.
100-203, 101 Stat. 1330-235 (42 U.S.C.
10151, 10153, 10155, 10157, 10161, 10168) and Pub.
L.
102-486, sec. 2902, Stat.
(42 U.S.C.
5851).
Section 72.44(g) also issued under secs. 142(b) and 148(c),
(d), Pub.
L.
100-203, 101 Stat. 1330-232, 1330-236 (42 U.S.C.
10162(b), 10168(c), (d).
Section 72.46 also issued under sec. 189, 68 Stat. 955 (42 U.S.C.
2239); sec. 134, Pub.
L.97-425, 96 Stat. 2230 (42 U.S.C.
10154).
Section 72.96(d) also issued under sec. 145(g), Pub.
L.
100-203, 101 Stat. 1330-235 (42 U.S.C.10165(g)).
Subpart J also issued under secs. 2(2), 2(15),
2(19), 117(a), 141(h), Pub.
L.97-425, 96 Stat. 2202, 2203, 2204, 2222, 2244, (42 U.S.C.
10101, 10137(a), 10161(h).
Subparts K and L are also issued under sec. 133, 98 Stat. 2230 (42 U.S.C.
10153) and sec. 218(a), 96 Stat. 2252'(42 U.S.C. 10198).
14.
In 572.10, paragraphs (a) and (a) (1) (i) are revised; paragraphs (a) (1) (ii) and (a) (1) (iii) are redesignated as paragraphs (a) (1) (iii) and (a) (1) (iv), respectively; a new paragraph (a) (1) (ii) is added; paragraph (a) (1) (iv), as redesignated, is revised; paragraph (v) is added; and paragraphs (b), (c), (e) (1), (e) (2), and (f) are revised to read as follows:
% 72.10 Emolovee orotection (a)
Discrimination by a Commission licensee, an applicant for a Commission license, or a contractor or subcontractor of a Commission licensee or applicant against an employee for engaging in certain protected activities is prohibited.
Discrimination includes discharge and other actions that relate to compensation, terms, conditions, or privileges of employment.
The protected activities are established in section 211 of the Energy Reorganization Act of 1974, as amended, and in general are related to the administration or enforcement of a requirement imposed under the Atomic Energy Act or the Energy Reorganization Act.
a 22
_ \\
(1)*
(i)
Providing the Commission or his or her employer information about alleged violations of either of the above statutes or possible violations of requirements imposed under either of the above statutes; (ii)
Refusing to engage in any practice made unlawful either by statute or under these requirements if the employee has identified the alleged illegality to the employer; (iii)*
(iv)
Testifying in any Commission proceeding, or before Congress, or at any Federal or State proceeding regarding any provision (or proposed provision) of either of the above statutes.
(v)
Assisting or participating in, or is about to assist or participate in, the above activities.
(2)*
(3)*
(b)
Any employee who believes that he or she has been discharged or otherwise discriminated against by any person for engaging in protected activities specified in paragraph (a) (1) of this section may seek a remedy for the discharge or discrimination through an administrative proceeding in the Department of Labor.
The administrative proceeding must be initiated within 180 days after an alleged violation occurs by filing a complaint alleging the violation with the Department of Labor, Employment Standards Administration, Wage and Hour Division.
The Department of Labor may order reinstatement, back l
pay, and compensatory damages.
(c)
A violation of paragraphs (a), (e), or (f) of this section by a Commission licensee, an applicant for a Commission licensee, or a contractor or subcontractor of a Commission licensee or j
applicant may be grounds for -
(1)*
(2)*
(3)*
l
(
(e) (1)
Each licensee and each applicant shall post on its premises copies of: (i) Form NRC-3, " Notice to Employees",
l
~
=-
23 referenced at 10 CFR 19.11(c), and (ii) the provisions of section 211 of the Energy Reorganization Act of 1974, as amended.
Posting must be at locations sufficient to permit employees protected by this section to observe a copy on the way to or from their place of work.
Premises must be posted not later than 30 days after an application is docketed and remain posted while the application is pending before the Commission, during the term of the license, and for 30 days following license termination.
In addition, licensees and applicants shall notify their contractors of the requirement of section 211(i) of the Energy Reorganization Act to post the provisions of section 211 and of the prohibition against discharging or otherwise discriminating against a person for engaging in protected activities.
The licensees and applicants shall require contractors to include these notifications in procurement documents for subcontractors providing goods and services for licensed activities.
(2)
Copies of Form NRC-3 and the provisions of section 211 of the Energy Reorganization Act of 1974, as amended (Form NRC-3A), may be obtained by writing to the Regional Administrator of the appropriate U.S.
Nuclear Regulatory Commission Regional Office listed in Appendix D, Part 20 of this chapter.
(f)
No agreement affecting the compensation, terms, conditions or privileges of employment, including an agreement to settle a complaint filed by an employee with the Department of Labor pursuant to section 211 of the Energy Reorganization Act of 1974, as amended, may contain any provision which would prohibit, restrict, or otherwise discourage an employee from participating in protected activity as defined in paragraph (a)(1) of this section including, but not limited to, providing information to the NRC or to his or her employer on potential violations or other matters within NRC's regulatory responsibilities.
i Dated at Rockville, Maryland, this day of 1993.
For the Nuclear Regulatory Commission, J
James M.
Taylor Executive Director for Operations y
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.i ENCLOSURE 2 Modifications to NRC Manual Chapter 0517 l
7 I
Modifications to NRC Manual Chapter 0517, " Management of
\\
Allegations", resulting from Energy Policy Act 1.
In section 0517-03 Responsibility and Authorities, section 0517-04 Definitions, and section 0517-05 Basic Requirements revise "Section 210" and "Section 210(a)" to "Section 211".
2.
In the NRC Appendix 0517, Part I, Part II, and Part III revise "Section 210" and "Section 210(a)" to "Section 211" and "30 days" to "180 days".
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printing process is complete.
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i The Form NRC-3A,
" Provisions of Section 211", is in the printing process.
We will provide you with'a copy of the form once the printing process is complete.
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a ENCLOSURE 5 Weekly Report to the Commission 1
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WEEKLY REPORT TO THE COMMISSION OFFICE OF ENFORCEMENT Proposed Rule Sioned by EDO On the Executive Director for Operations approved for publication in the Federal Reaister (FR) a proposed rule which amends 10 CFR, Sections 19.11, 30.7, 40.7, 50.7, 60.9, 61.9, 70.7, and 72.10 to conform those sections to the nuclear whistleblower protection provisions of the Energy Policy Act of 1992.
This constitutes notice to the Commission that, in accordance with the rulemaking authority delegated to EDO, the EDO has signed this proposed rule for publication in the FR.
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Congressional Letter j
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The Honorable Bob Graham, Chairman Subcommittee on Nuclear Regulation Committee on Environment and Public Works United States Senate Washington, DC 20510
Dear Mr. Chairman:
The NRC has sent to the Office of the Federal Register for publication the enclosed proposed amendment to the commission's rules in 10 CFR 19; 10 CFR 30; 10 CFR 40; 10 CFR 50; 10 CFR 60; 10 CFR 61; 10 CFR 70; and 10 CFR 72.
The amendment, if adopted, would revise certain sections of the Commission regulations to conform with the nuclear whistleblower protection provisions of the Energy Policy Act of 1992.
The Commission is issuing the proposed rule for public comment.
Sincirely, Dennis K.
Rathbun, Director Office of Congressional Affairs
Enclosure:
As Stated cc:
The Honorable Alan Simpson i
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4 The Honorable Philip Sharp, Chairman Subcommittee on Energy and Power Committee on Energy and Commerce United States House of Representatives Washington, DC 20515
Dear Mr. Chairman:
l The NRC has sent to the Office of the Federal Register for publication the enclosed proposed amendment to the Commission's rules in 10 CFR 19; 10 CFR 30; 10 CFR 40; 10 CFR 50; 10 CFR 60; 10 CFR 61; 10 CFR 70; and 10 CFR 72.
The amendment, if adopted, would revise certain sections of the Commission regulations to conform with the nuclear whistleblower protection provisions of the Energy Policy Act of 1992.
The Commission is issuing the proposed rule for public comment.
Sincerely, Dennis K.
Rathbun, Director Office of Congressional Affairs
Enclosure:
As Stated cc:
The Honorable Carlos Moorhead f
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The Honorable Peter H. Kostmayer, Chairman Subcommittee on Energy and the Environment Committee on Interior and Insular Affairs United States House of Representatives Washington, DC 20515
Dear Mr. Chairman:
The NRC has sent to the Office of the Federal Register for i
publication the enclosed proposed amendment to the Commission's rules in 10 CFR 19; 10 CFR 30; 10 CFR 40; 10 CFR 50; 10 CFR 60; 10 CFR 61; 10 CFR 70; and 10 CFR 72.
The amendment, if adopted, would revise certain sections of the Commission regulations to conform with the nuclear whistleblower protection provisions of the Energy Policy Act of 1992.
The Commission is issuing the proposed rule for public comment.
Sincerely, Dennis K.
Rathbun, Director Office of Congressional Affairs
Enclosure:
As Stated cc:
The Honorable John J.
Rhodes
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