ML20057B070
| ML20057B070 | |
| Person / Time | |
|---|---|
| Issue date: | 05/06/1993 |
| From: | Lieberman J NRC OFFICE OF ENFORCEMENT (OE) |
| To: | Kammerer C, Norry P, Treby S NRC OFFICE OF ADMINISTRATION (ADM), NRC OFFICE OF INTERNATIONAL PROGRAMS (OIP), NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| 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 AE50-1-003, AE50-1-3, NUDOCS 9309170125 | |
| Download: ML20057B070 (48) | |
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MAY 0 61993 MEMORANDUM FOR:
Stuart A. Treby, Assistant General Counsel for Rulemaking and Fuel Cycle Patricia G.
Norry, Director Office of Administration 1
Carlton C.
Kammerer, Director Office of State Programs Edward L. Jordan, Director Office for Analysis and Evaluation of Operational Data Robert M.
Bernero, Director Office of Nuclear Material Safety and Safeguards Thomas E.
Murley, Director Office of Nuclear Reactor Regulation FROM:
James Lieberman, Director Office of Enforcement
SUBJECT:
PROPOSED RULEMAKING AND CONFORMING MODIFICATION TO NRC MANUAL CHAPTER 0517 AS REQUIRED BY ENERGY POLICY ACT OF 1992 The enclosed proposed rulemaking revises parts of Title 10 of the Code of Federal Regulations as required by the Energy Policy Act of 1992.
The principal changes relate to the extension of the filing period for whistleblowers, extension of protection to new groups of employees, and renumbering of Section 210 of the Energy Reorganization Act to Section 211.
Another provision of the new legislation calls for posting of Section 211 by all affected employers.
The posting provision is not included in this proposed rulemaking because the Department of Labor is implementing procedures to require all employers to post the provisions of Section 211.
Given that the DOL action will require posting by a class of employers that includes all NRC licensees, and in the interest of avoiding duplicative regulations, the NRC is not requiring the posting of the provisions.
However, NRC licensees will be subject to the DOL rule of implementing the posting provision of Section 211 and will also be required by this rule to post NRC Form 3 which summarizes protected activities, defines discrimination, and explains how to file a complaint with the DOL.
9309170125 930817 PDR PR 19 5BFR33042 PDR
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Multiple Addressees l Please review the enclosure and provide comments and/or concurrence to me or Dick Rosano of my staff NLT May 21, 1993.
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Lieberman, Director
,/ Office of Enforcement
Enclosure:
As Stated cc:
H. Thompson, DEDS J.
Sniezek, DEDR M. Malsch, OGC L.
Chandler, OGC D. Williams, OIG W. Reamer, OGC f
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G:\\ FINAL 211. DUP
MRC FORM 3 UNITED STATES NUCLEAR R!
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Washington, DC NOTICE TO E STANDARDS FOR PROTECTION AGAINST RADIAT REPORTS TO WORKERS; INSPECTIONS WHAT IS THE NUCLEAR REGULATORY COMMISSION?
HOW DO I REPORT VIOLATIONS?
The Nuclear Regulatory Commission is an independent Federal if you believe that violations of NRC rules or of the terms of the lier regulatory agency responsible for licensing and inspecting nuclear have occurred, you should report them immediately to your supervisor.
power plants and other commercial uses of radioactive materials.
If you believe that adequate corrective action is not being taken, you may report this to an NRC inspector or the nearest NRC Regional WHAT DOES THE NRC 007 Omce.
The NRC's primary responsibility is to ensure that workers and the WHAT IF i WORK WITH RADIOACTIVE MATERIAL OR IN THE public are protected from unnecessary or excessive exposure to VICINITY OF A RADIOACTIVE SOURCE 7 radiation and that nuclear facilities, including power plants, are constructed to high quality standards and operated in a safe manner.
The NRC does this by establishing requirements in Title 10 of the Code I mited by NRC regulations. The limits on your exposure are contained of Federal Regulations (10 CFR) and in licenses issued to nuclear usets-in sections 20.101,20.103, and 20.104 or in sections 20.1201,1207, and 1208 of Title 10 of the Code of Federal Regulations (10 CFR 20)
WHAT RESPONSIBILITY DOES MY EMPLOYER HAVE7 depending on the part of the regulations to which your employer is subject. As of January 1,1994, only sections 20.1201, 20.1207, and Any company that conducts activities licensed by the NRC must 20.1208 will apply. While those are the maximum allowable limits, your comply with the NRC's requirements. If a company violates NRC employer should also keep your radiation exposure as f ar below those requirements, it can be fined or have its license modified, suspended limits as " reasonably achievable."
or revoked.
Your employer must tell you which NRC radiation requirements apply MAY I GET A RECORD OF MY RADIATION IMPOSURE7 to your work and must post NRC Notices of Violation involving Yes. Your employer is required to advise you of your dose annually if radiological working conditions.
you are exposed to radiation for which monitoring was required by NRC. In addition, you may request a written report of your exposure WHAT IS MY RESPONSIBILITY?
when you leave your job.
For your own protection and the protection of your co-workers, you HOW ARE VIOLATIONS OF NRC REQUIREMENTS IDENTIFIED 7 should know how NRC requirements relate to your work and should obey them. If you observe violations of the requirements, you should NRC conducts regular inspections at 1; censed facilities to assure report them.
compliance with NRC requirements. In addition, your employer and site contra 0 tors conduct their own inspections to assure compliance.
WHAT IF I CAUSE A VIOLATION 7 Allinspectors are protected by Federallaw. Interference with them may result in criminal prosecution for a Federal offense.
If you engaged in deliberate misconduct that may cause a violation of the NRC requirements, or would have caused a violation if it had not MAY I TALK WITH AN NRC INSPECTOR 7 been detected, or deliberately provided inaccurate or incompiete Yes. Your employer may not prevent you from talking with an NRC information to either the NRC or to your employer, you may be subject inspector and you may talk privately with an inspector and request that to enforcement action.
your identity remain confidential.
UNITED STATES NUCLEAR REGULATORY a A representative of the Nuclear Regulatory Commission Can be Contacted at the following a employees who wiSh to register Complaints or ConCemS about radiological working CQ 5
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!MPLOYEES Ogmw ION (PART 20); NOTICES, INSTRUCTIONS AND o@s
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.w MAY l REQUEST AN INSPECTION 7 with the U.S. Department of Labor pursuant to Section 211 of the Energy Reorganization Act of 1974 (42 U.S.C. 5851). Your complaint Yes. If you believe that your employer has not corrected violations must describe the firing or discrimination and must be filed within 180 involving radiological working condrtions, you may request an inspection. Your request should be addressed to the nearest NRC days of the occurrence.
Regional Office and must describe the alleged violation in detail. It must be signed by you or your representative.
Send complaints to:
d}D TURF' HOW DO I CONTACT THE NRC7 Office of the Administrator
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Notify an NRC inspector on-site or call the nearest NRC Regional Office CARj co!!act. NRC inspectors want to talk to you if you are worried about radiation safety or other aspects of licensed activities, such as the U.S. Department of Labor i
' N d ID ble ()n quality of construction or operations at your facility.
200 Constitution Avenue, NW Wa hington, DC 20210 k N ure Qird j
CAN I BE FIRED FOR RAISING A SAFETY ISSUE 7 Federal law prohibits an employer from firing or otherwise or any local office of the Department of Labor. Wage and Hour Division.
discriminating against you for bringing safety concerns to tne attention Check your telephone director under U.S. Govemment listings.
of your employer or the NRC. You may not be fired or discriminated against because you:
WHAT CAN THE DEPARTMENT OF LABOR D07 ask the NRC to enforce its rules against your employer; The Department of Labor will notify the employer that a complaint has been filed and will investigate the case.
refuse to engage in activities which violates NRC requirements; if the Department of Labor finds that your employer has unlawfully provide information or are about to provide information to the discriminated against you, it may order that you be reinstated, receive NRC of your employer about violations of requirements; back pay, or be compensated for any injury suffered as a result of the discrimination.
are about to ask for, or testify, help, or take part in, an NRC,
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Congressional, or any Federal or State proceeding.
WHAT WILL THE NRC D07 WHAT FORMS OF DISCRIMINATION ARE PROHIBITED 7 The NRC may assist the Department of Labor in its investigation. NRC lt is unlawful for an employer to fire you or discriminate against you may conduct its own investigation where necessary to determine with respect to pay, benefits, or working conditions because you help whether unlawful discrimination has occurred, the NRC or raise a safety issue.
Also if the NRC or Department of Labor finds that unlawful HOW AM i PROTECTED FROM DISCRIMINATION 7 discrimination has occurred, the NRC may issue a Notice of Violation to your employer, impose a fine, or suspend, modify, or revoke your if you believe that you have been discriminated against for bringing safety concerns to the NRC or your employer, you may file a complaint employer s NRC license.
- OMMISSION REGIONAL OFFICE LOCATIONS JdreSSeS and telephone numbers. The Regional office will accept Collect telephone Calls from nditionS or other matters regarding Compliance with Commission rules and regulations.
l REGIONAL OFFICES i
(EGION ADDRESS TELEPHONE To report incidents involving U S. Nuclear Regulatory Commission. Region i
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1 475 Abendale Road (215) 337-5000 D"
E King of Prussia, PA 19406-1415 U S. Nuclear Regulatory Commission. Region 11 Il 101 Marietta St., N.W., Suite 2900 (404) 331-4503 telephone:
Atlanta GA 30323-0199 U.S. Nuclear Regulatory Commission. Region Ill OFFICE OF THE lll 799 Roosevelt Road (708) 790-5500 INSPECTOR GENERAL Gien Ellyn, IL 60137 5927 U.S. Nuclear Regulatory Cornmission, Region IV iv 611 Ryan etara Drive. Suite 400 (817) 860-8100 HOTLINE j
Arkngton, TX 76011-8064 U.S. Nuclear Regulatory Commission. Region V 1-800-233-3497-V 1450 Maria Lane (510) 975-0200 5
Walnut Creek. CA 94596-5368 m -.
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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 i
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).
On October 5, 1992, Congress. passed the Energy Policy Act of 1992 which contains provisions amending Section 210 (renumbered by the Act as Section 211) of the Energy Reorganization Act of 1974, as amended (ERA).
Specifically, the legislation: (1) extends the time for filing a claim of discrimination with the Department of Labor from 30 days to 180 days; (2) extends whistleblower protection to employees of Agreement State licensees; s
(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 or the Atomic Energy Act; and (6) as noted, renumbers the old Section 210 as Section 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 pu'rpose 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, 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 require licensees to post the latest revision of NRC Form 3 (Enclosure 3).
Sections 30.7, 40.7, 50.7, 60.9, 61.9, 70.7, and l
72.10, " Employee Protection," are being revised to reflect items 1,
3, 4,
5, and 6 discussed in the preceding paragraph.
- Also, i
references in certain sections of the regulations to wm
James M. Taylor
-2
" 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, formally exempting general licensees from the requirement to post NRC Form 3, is being deleted because some general licenses are subject to Part 19.
In addition, NRC Manual Chapter 0517 will be revised to reflect the changes resulting from the new Energy Policy Act.
Another provision of the new legislation calls for posting of Section 211 by all affected employers.
The posting provision is not included in this proposed rulemaking because the Department of Labor is implementing procedures to require all employers to post the provisions of Section 211.
Given that the DOL action will require posting by a class of employers that includes all NRC licensees, and in the interest of avoiding duplicative regulations, the NRC is not requiring the posting of the provisions.
This approach has been confirmed with the Administrator, Wage and Hour Administration, the DOL office responsible for implementing Section 211.
However, NRC licensees will be subject to the DOL rule of implementing the posting provision of Section 211 and will also be required by this rule to post NRC Form 3 which summarizes protected activities, defines discrimination, and explains how to file a complaint with the DOL.
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 licensees and other interested persons, as with other rulemakings.
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).
James M. Taylor The Office of Administration, the Office of State Programs, the Office of Nuclear Material Safety & Safeguards, the Office for Analysis and Evaluation of Operational Data, 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.
NRC Form 3 4.
Weekly Report to the Commission 5.
Congressional Letter cc:
H. Thompson, DEDS J.
Sniezek, DEDR M.
Malsch, OGC L.
Chandler, OGC g
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James M. Taylor DISTRIBUTION:
JLieberman, OE DRosano, OE BReamer, OGC Day File OE OGC OGC ADM D:OSP DRosano BReamer STreby DMeyer CKammerer 5/
/93 5/
/93 5/
/93 5/
/93 5/
/93 D:ADM D:AEOD D:NMSS D:NRR D:OE PNorry EJordan RBernero TMurley JLieberman 5/
/93 5/
/93 5/
/93 5/
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/93 Doc Name:
G \\ FINAL 211. DUP
ENCLOSURE 1 Federal Register Notice of Proposed Rulemaking l
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 Management Directive 9.17, 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 to conform these provisions to 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, and 9 Subpart C concerning matters of policy.
I, therefore, find that this proposed rule is within the scope of my rulemaking authority and am proceeding to issue it.
Date James M. Taylor
~~
Executive Director for Operatione
NUCLEAR REGULATORY COMMISSION 10 CFR 19, 30, 40, 50, 60, 61, 70, and 72 RIN 3150-AE50 Whistleblower Protection for Nuclear Power Plant Employees AGENCY:
Nuclear Regulatory Commission.
ACTION:
Proposed Rule
SUMMARY
The Nuclear Regulatory Commission (NRC) is proposing to amend its regulations regarding the protection of employees who provide information to the NRC or their employers concerning safety issues.
The proposed rule would conform current regulations to reflect the new nuclear whistleblower protection provisions of the Energy Policy Act of 1992, which was enacted on October 24, 1992.
DATE:
The comment period expires (Insert 30 days after date of 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 assure consideration only for comments received on or before this date.
ADDRESSES:
Send comments to:
Secretary, U.S.
Nuclear Regulatory Commission, Washington, DC 20555.
ATTN:
Docketing and Services Branch.
Deliver comments to:
11555 Rockville Pike, Rockville, Maryland between 7:45 a.m. and 4:15 p.m.
Federal workdays.
Copies of comments and NRC Form 3 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:
On October 24, 1992, the President signed into law the Energy Policy Act of 1992.
Section 2902, " Employee Protection for Nuclear Whistleblowers," includes provisions amending Section 210 of the Energy Reorganization Act (ERA) of 1974, as amended.
The changes pertinent to this rulemaking include the following:
(1) Because the ERA contained two Sections 210, the legislation has renumbered the whistleblower protection provisions as Section 211.
2 (2) The new legislation extends the period in which a whistleblower complaint may be filed with the Department of Labor (DOL) from 30 days to 180 days.
(3) The new legislation extends and/or clarifies protection 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 or the Atomic Energy Act.
(4) The new legislation also requires that employers post the whistleblower protection provisions prominently at the work site.
As a result of these legislative changes, the NRC has concluded that its regulations in 10 CFR 19, 30, 40, 50, 60, 61, 70, and 72 need to be updated to reflect the changes.
Currently, S 19.11(c) requires that the June 1982 version or later revision of the NRC Form 3,
" Notice to Employees," be posted.
This section is being changed to eliminate uncertainty and to ensure that the most recent version of NRC Form 3 is posted.
The language is modified so that the date of publication for NRC Form 3 is inserted in the revision to 10 CFR 19.
In the future, if NRC Form 3 is changed, Part 19 will also be changed.
This change to Part 19 will revise and reissue NRC Form 3 (5/93).
The revised NRC Form 3, in addition to addressing the 189 day time period, clarifies that employees have up to 180 days to file a complaint and extends protection to employees who: (1) bring safety complaints to their employers; (2) refuse to engage in an unlawful practice, provided that the employee has identified the illegality to the employer; and (3) have testified or are about to testify before Congress or in any Federal or State proceeding regarding Section 211 of the Atomic Energy Act.
In addition, Parts 30, 40 and 70 are modified to require posting of NRC Form 3 by general licensees subject to Part 19.
As noted above, Section 211 requires the posting of the provisions of that section.
The posting provision is not included in this proposed rulemaking because the Department of Labor is implementing procedures to require all employers to post the provisions of Section 211.
Given that the DOL action will require posting by a class of employers that includes all NRC licensees, and in the interest of avoiding duplicative regulations, the NRC is not requiring the posting of the provisions.
However, NRC licensees will be subject to the DOL rule of implementing the posting provision of Section 211 and will also be required by this rule to post NRC Form 3 which
3 i
summarizes protected activities, defines discrimination, and explains how to file a complaint with the DOL.
In 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 as Section 211; (2) the definition of protected activities is modified to reflect the provisions of the Energy Policy Act of 1992; and (3) the period in which a complaint can be filed with DOL is changed from 30 days to 180 days, j
f References in certain sections of the regulations to J
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" compensation, terms, conditions, and privileges of employment"
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are being changed to " compensation, terms, conditions, or l
privileges of employment."
This change is necessary to correct earlier language to conform to the language in the ERA of 1974, as amended.
In addition, the exemption in SS 30.7, 40.7, and 70.7, formally exempting general licensees from the requirement to post NRC Form 3, is being deleted because some general licensees are subject to Part 19.
Additionally, these sections are being amended to advise licensees and applicants that they are expected to notify their contractors of the prohibition against discrimination for engaging in protected activities.
The purpose of this notification is to ensure that contractors understand their obligations under the ERA and to avoid discrimination against employees for raising safety issues.
As provided in 10 CFR 3 0. 7 (c), 40.7(c), 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 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 environmental assessment has been prepared for this proposed rule.
)
Paperwork Reduction Act Statement This proposed rule does not contain a new or amended information collection requirement subject to the Paperwork Reduction Act of 1980 (44 U.S.C.
3501 et seq.).
Existing requirements were approved by the office of Management and Budget, approval numbers 3150-0044, -0017, -0020, -0011, -0027,
-0135, -0009, and -0132.
l
4 Regulatory Analysis The Commission finds that there is no alternative to amending the regulations because the amendments are statutorily mandated as required by the Energy Policy Act of 1992.
The proposed rule is necessary to conform the Commission's regulations to the language of the nuclear'whistleblower provisions of the Energy Policy Act of 1992.
The proposed rule would extend and clarify protection to new classes of employees and employers and extend the period in which an employee may file a whistleblower complaint.
The foregoing constitutes the regulatory analysis for this proposed rule.
Regulatory Flexibility Certification As required by the Regulatory Flexibility Act of 1980 (5 U.S.C.
605(b)), the commission certifies that this rule does not have a significant economic impact on a substantial number of small entities.
The proposed rule is necessary to conform the Commission's regulations to the language of the nuclear whistleblower provisions 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 proposed rule 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 1
10 CFR Part 19 - Criminal penalties, Environmental protection, Nuclear materials, Nuclear power plants and reactors, Occupational safety and health, Radiation protection, Reporting and recordkeeping requirements, Sex discrimination.
10 CFR Part 30 - Byproduct material, Criminal penalties, Government contracts, Intergovernmental relations, Isotopes, 1
Nuclear materials, Occupational safety and health, Radiation protection, Reporting and recordkeeping requirements.
10 CFR Part 40 - Criminal penalties, Government contracts, Hazardous materials - transportation, Nuclear materials, Reporting and recordkeeping requirements, Source material, Uranium.
10 CFR Part 50 - Antitrust, Classified information, Criminal penalties, Fire protection, Incorporation by reference, Intergovernmental relations, Nuclear power plants and reactors,
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5 Radiation protection, Reactor siting criteria, Reporting and recordkeeping requirements.
10 CFR Part 60 - Criminal penalties, High-level waste, Nuclear power plants and reactors, Nuclear materials, Reporting and recordkeeping requirements, Waste treatment and disposal.
10 CFR Part 61 - Criminal penalties, Low-level vaste, Nuclear materials, Reporting and recordkeeping requirements, Waste treatment and disposal.
10 CFR Part 70 - Criminal penalties, Hazardous materials -
transportation, Nuclear materials, Packing and containers, Radiation protection, Reporting and recordkeeping requirements, Scientific equipment, Security measures, Special nuclear material.
10 CFR Part 72 - Criminal penalties, Manpower training programs, Nuclear materials, occupational safety and health, Reporting and recordkeeping requirements, Security measures, Spent fuel.
10 CFR Part 150 - Criminal penalties, Hazardous materials -
transportation, Intergovernmental relations, Nuclear materials, Reporting and recordkeeping requirements, Security measures, Source material, Special nuclear material.
For the reasons set out in the preamble and under the 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 to adopt the following amendments to 10 CFR Parts 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.
5841).
Pub.
L.95-601, sec. 10, 92 Stat. 2951 (42 U.S.C. 5851).
Pub.
L.
102-486, sec. 2902, 106 Stat. 3123, (42 U.S.C.
5851) 2.
In S 19.11, paragraph (c) is revised to read as follows:
S 19.11 Posting of notices to workers
6 (a) Each licensee shall post current copies of the following i
documents:
(1) The regulations in this part and in part 20 ci' this chapter; (2) The license, license conditions, or documents i
incorporated into a license by reference, and amendments thereto; (3) The operating procedures applicable to licensed activities; (4) Any notice of violation involving radiological working conditions, proposed imposition of civil penalty, or order issued pursuant to subpart B of part 2 of this chapter, and any response from the licensee.
l (b) If posting of a document specified in paragraph (a) (1),
(2), or (3) of this section is not practicable, the licensee may post a notice which describes the document and states where it i
may be examined.
(c) Each licensee and each applicant for a specific license shall prominently post NRC Form 3, (Revision dated [ insert date of newly published NRC Form 3]), " Notice to Employees."
Note - Copies of NRC Form 3 may be obtained by writing to the Regional Administrator of the appropriate U.S. Nuclear Regulatory Commission Regional office listed in Appendix D to Part 20 of this chapter or by contacting the i
NRC Information and Records Management Branch (telephone no. 301-492-8138)..
l PART 30 -
RULES OF GENERAL APPLICABILITY TO DOMESTIC LICENSING
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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, l
948, 953, 954, 955, as amended,-sec. 234, 83, Stat. 444, as amended (42 U.S.C.
2111, 2112, 2201, 2232, 2233, 2236, 2282);
secs. 201 as amended, 202, 206, 88 Stat. 1242, as amended, 1244, 1246 (42 U.S.C.
5841, 5842, 5846).
i' Section 30.7 also issued under Pub.
L.95-601, sec. 10, 92 Stat. 2951 (42 U.S.C. 5851) and Pub. L.
102-486, sec. 2902, 106 l
t Stat. 3123, (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 i
sec. 187, 68 Stat. 955 (42 U.S.C. 2237).
9 f
a r
.m i
7 4.
In S 30.7, the introductory text of paragraph (a) and paragraph (a) (1) (i) is. revised; paragraphs (a) (1) (ii) and (a) (1) (iii) are redesignated as paragraphs (a) (1) (iii) and (a) (1) (iv) ; paragraph (a) (1) (iv), as redesignated, is revised; new paragraphs (a) (1) (ii) and (a) (1) (v) are added; paragraph (b),
the introductory text of paragraph (c), and paragraph (e) are revised; paragraph (f) is removed; paragraph (g) is redesignated and revised as paragraph (f); to read as follows:
S 30.7 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) The protected activities include but are not limited to:
(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 under either of the above statutes or under these requirements if the employee has identified the alleged illegality to the employer; (iii) Requesting the Commission to institute action against his or her employer for the administration or enforcement of these requirements; (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) These activities are protected even if no formal proceeding is actually initiated as a result of the employee assistance or participation.
l (3) This section has no application to any employee alleging discrimination prohibited by this section who, acting without
8 direction from his or her employer (or the employer's agent),
deliberately causes a violation of any requirement of the Energy Reorganization Act of 1974, as amended, or the Atomic Energy Act of 1954, as amended.
(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.
(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)
Denial, revocation, or suspension of the license.
(2)
Imposition of a civil penalty on the licensee or applicant.
(3)
Other enforcement action.
(d)
Actions taken by an employer, or others, which adversely affect an employee may be predicated upon nondiscriminatory grounds.
The prohibition applies when the adverse action occurs because the employee has engaged in protected activities.
An employee's engagement in protected activities does not automatically render him or her immune from discharge or discipline for legitimate reasons or from adverse action dictated by nonprohibited considerations.
(e) (1) Each specific licensee and each applicant for a specific license and each general licensee subject to Part 19 shall prominently post the revision of NRC Form 3,
" Notice to Employees", referenced in 10 CFR 19.11(c).
(e) (2) All licensees and applicants are expected to notify their contractors of the prohibition against discrimination for engaging in protected activities.
(e) (3) The posting of NRC Form 3 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 T
tw's
9 in pending before the Commission, during the term of the license, and for 30 days following license termination.
Note - Copies of NRC Fonn 3 may be obtained by writing to the Regional Administrator of the appropriate U.S.
Nuclear Regulatory Commission Regional office listed in Appendix D to Part 20 of this chapter or by contacting the NRC Information and Records Management Branch (te.ephone no. 301-492-8138).
(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 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, 953, 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. 275, 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, 106 Stat. 3123, (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 S 40.7, the introductory text of paragraph (a) and paragraph (a) (1) (1) is revised; paragraphs (a) (1) (ii) and (a) (1) (iii) are redesignated as paragraphs (a) (1) (iii) and (a) (1) (iv), and paragraph (a) (1) (iv), as redesignated, is revised; new paragraphs (a) (1) (ii) and (a) (1) (v) are added; paragraph (b), the introductory text of paragraph (c), and paragraph (e) are revised; paragraph (f) is removed; paragraph
10 (g) is redesignated as paragraph (f); and revised to read as follows:
S 40.7 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) The protected activities include but are not limited to:
(1) 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 under either of the above statutes or under these requirements if the employee has identified the alleged illegality to the employer; (iii) Requesting the Commission to institute action against his or her employer for the administration or enforcement of these requirements; (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) These activities are protected even if no formal proceeding is actually initiated as a result of the employee assistance or participation.
(3) This section has no application to any employee alleging discrimination prohibited by this section who, acting without direction from his or her employer (or the employer's agent),
deliberately causes a violation of any requirement of the Ene'gy r
Reorganization Act of 1974, as amended, or the Atomic Energy Act of 1954, as amended.
11 (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.
(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)
Denial, revocation, or suspension of the license.
(2)
Imposition of a civil penalty on the licensee or applicant.
(3)
Other enforcement action.
(d)
Actions taken by an employer, or others, which adversely affect an employee may be predicated upon nondiscriminatory grounds.
The prohibition applies when the adverse action occurs because the employee has engaged in protected activities.
An employee's engagement in protected activities does not automatically render him or her immune from discharge or discipline for legitimate reasons or from adverse action dictated by nonprohibited considerations.
(e) (1) Each specific licensee and each applicant for a specific license and each general licensee subject to Part 19 shall prominently post the revision of NRC Form 3,
" Notice to Employees", referenced in 10 CFR 19.11(c).
(e)(2) All licensees and applicants are expected to notify their contractors of the prohibition against discrimination for engaging in protected activities.
(e) (3) The posting of NRC Form 3 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.
Note - Copies of NRC Fonn 3 may be obtained by writing to the Regional Administrator of the appropriate U.S. Nuclear Regulatory Commission Regional
i i
i 12 i
office listed in Appendix D to Part 20 of this chapter or by contacting the NRC Information and Records Management Branch (telephone no. 301-492-8138).
(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, 106 Stat. 3123, (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. 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 S 50.7, the introductory text of paragraph (a) and paragraph (a) (1) (i) are revised; paragraphs (a) (1) (ii) and (a) (1) (iii) are redesignated as paragraphs (a) (1) (iii) and (a) (1) (iv), and paragraph (a) (1) (iv), as redesignated, is revised; new paragraph (a) (1) (ii) and (a) (1) (v) are added; and
13 paragraph (b), the introductory text of paragraph (c), and paragraphs (e) and (f) are revised to read as follows:
S 50.7 Employee protection (a)
Discrimination by a Commission licenree, 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) The protected activities include but are not limited to:
(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 under either of the above statutes or under these requirements if the employee has identified the alleged illegality to the employer; (iii) Requesting the Commission to institute action against his or her employer for the administration or enforcement of these requirements; (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) These activities are protected even if no formal proceeding is actually initiated as a result of the employee assistance or participation.
(3) This section has no application to any employee alleging discrimination prohibited by this section who, acting without direction from his or her employer (or the employer's agent),
deliberately causes a violation of any requirement of the Energy Reorganization Act of 1974, as amended, or the Atomic Energy Act of 1954, as amended.
14 (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.
(c)
A violation of paragraph (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)
Denial, revocation, or suspension of the license.
(2)
Imposition of a civil penalty on the licensee or applicant.
(3)
Other enforcement action.
(d)
Actions taken by an employer, or others, which adversely affect an employee may be predicated upon nondiscriminatory grounds.
The prohibition applies when the adverse action occurs because the employee has engaged in protected activities.
An employee's engagement in protected activities does not automatically render.him or her immune from discharge or discipline for legitimate reasons or from adverse action dictated by nonprohibited considerations.
(e) (1) Each licensee and each applicant for a license shall prominently post the revision of NRC Form 3,
" Notice to Employees", referenced in 10 CFR 19.11(c).
This form shall be posted 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.
(e) (2) All licensees and applicants are expected to notify their contractors of the prohibition against discrimination for engaging in protected activities.
Note - Copies of NRC Fonn 3 may be obtained by writing to the Regional Administrator of the appropriate U.S. Nuclear Regulatory Commission Regional Office listed in Appendix D to Part 20 of this chapter or by contacting the NRC Information and Records Management Branch (telephone no. 301-492-8138).
15 (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 60 -
DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTES IN GEOLOGIC REPOSITORIES 9.
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.
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, 106 Stat. 3123, (42 U.S.C. 5851).
10.
In S 60.9, the introductory text of paragraph (a) and paragraph (a) (1) (1) are revised; paragraphs (a) (1) (ii) and (a) (1) (iii) are redesignated as paragraphs (a) (1) (iii) and (a) (1) (iv), and paragraph (a) (1) (iv), as redesignated, is revised; new paragraphs (a) (1) (ii) and (a) (1) (v) are added; and paragraph (b), the introductory text of paragraph (c), and paragraphs (e) and (f) are revised to read as follows:
S 60.9 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) The protected activities include but are not limited to:
16 (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 under either of the above statutes or under these requirements if the employee has identified the alleged illegality to the employer; (iii) Requesting the Commission to institute action against his or her employer for the administration or enforcement of these requirements; (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) These activities are protected even if no formal proceeding is actually initiated as a result of the employee assistance or participation.
(3) This section has no application to any employee alleging discrimination prohibited by this section who, acting without direction from his or her employer (or the employer's agent),
deliberately causes a violation of any requirement of the Energy Reorganization Act of 1974, as amended, or the Atomic Energy Act of 1954, as amended.
(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 1
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.
1 (c)
A violation of paragraph (a), (e), or (f) of this section by a commission licensee, an applicant for a commission j
license, or a contractor or subcontractor of a Commission licensee or applicant may be grounds for -
(1)
Denial, revocation, or suspension of the license.
17 (2)
Imposition of a civil penalty on the licensee or applicant.
(3)
Other enforcement action.
(d)
Actions taken by an employer, or others, which-adversely affect an employee may be predicated upon nondiscriminatory grounds.
The prohibition applies when the adverse action occurs because the employee has engaged in protected activities.
An employee's engagement in protected activities does not automatically render him or her immune from discharge or discipline for legitimate reasons or from adverse action dictated by nonprohibited considerations.
(e) (1) Each licensee and each applicant for a license shall prominently post the revision of NRC Form 3,
" Notice to Employees", referenced in 10 CFR 19.11(c).
This form shall be posted 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.
(e) (2) All licensees and applicants are expected to notify their contractors of the prohibition against discrimination for engaging in protected activities.
Note - Copies of NRC Fons 3 may be obtained by writing to the Regional Administrator of the appropriate U.S. Nuclear Regulatory Commission Regional office listed in Appendix D to Part 20 of this chapter or by contacting the NRC Information and Records Management Branch (telephone no. 301-492-8138).
(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 i
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 11.
The authority citation for Part 61 is revised to read as follows 1
18 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, 2077, 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, 106 Stat. 3123, (42 U.S.C. 5851).
12.
In S 61.9, the introductory text of paragraph (a) and paragraph (a) (1) (1) are revised; paragraphs (a) (1) (ii) and (a) (1) (iii) are redesignated as paragraphs (a) (1) (iii) and (a) (1) (iv), and paragraph (a) (1) (iv), as redesignated, is revised; new paragraphs (a) (1) (ii) and (a) (1) (v) are added; and paragraph (b), the introductory text of paragraph (c), and paragraphs (e) and (f) are revised to read as follows:
$ 61.9 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) The protected activities include but are not limited to:
(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 under either of the above statutes or under these requirements if the employee has identified the alleged illegality to the employer; (iii) Requesting the Commission to institute action against his or her employer for the administration or enforcement of these requirements; (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.
19 (2) These activities are protected even if no formal proceeding is actually initiated as a result of the employee assistance or participation.
(3) This section has no application to any employee alleging discrimination prohibited by this section who, acting without direction from his or her employer (or the employer's agent),
deliberately causes a violation of any requirement of the Energy Reorganization Act of 1974, as amended, or the Atomic Energy Act of 1954, as amended.
(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.
(c)
A violation of paragraph (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)
Denial, revocation, or suspension of the license.
(2)
Imposition of a civil penalty on the licensee or applicant.
(3)
Other enforcement action.
)
(d)
Actions taken by an employer, or others, which adversely affect an employee may be predicated upon nondiscriminatory grounds.
The prohibition applies when the adverse action occurs because the employee has engaged in protected activities.
An employee's engagement in protected activities does not automatically render him or her immune from i
discharge or discipline for legitimate reasons or from adverse action dictated by nonprohibited considerations.
(e) (1) Each licensee and each applicant for a license shall prominently post the revision of NRC Form 3,
" Notice to Employees", referenced in 10 CFR 19.11(c).
This form shall be posted 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 1
1
=.
1 20 is pending before the Commission, during the term of the license, and for 30 days following license termination.
(e)(2) All licensees and applicants'are expected to notify their contractors of the prohibition against discrimination for engaging in protected activities.
Note - Copies of NRC Fonn 3 may be obtained by writing to the Regional Administrator of the appropriate U.S. Nuclear Regulatory Commission Regional office listed in Appendix D to Part 20 of this chapter or by contacting the NRC Information and Records Management Branch (telephone no. 301-492-8138).
(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 13.
The authority citation for Part 70 is revised to read as follows:
AUTHORITY: Secs. 51, 53, 161, 182, 183, 68 Stat. 929, 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, 2241 ~(42 U.S.C.10155, 10161).
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, 106 Stat.
3123, (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).
3 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).
14.
In S 70.7, the introductory text of paragraph (a) and paragraph (a) (1) (i) are revised; paragraphs (a) (1) (ii) and-(a) (1) (iii) are redesignated as paragraphs (a) (1) (iii) and (a) (1) (iv), and paragraph (a) (1) (iv), as redesignated, is
21 revised; new paragraphs (a) (1) (ii) and (a) (1) (v) are added; paragraph (b), the introductory text of paragraph (c), and paragraph (e) are revised; paragraph (f) is removed; paragraph (g) is redesignated as paragraph (f) and is revised to read as follows.
. 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.
l (1) The protected activities include but are not limited to:
(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 under i
either of the above statutes or under these requirements if the i
employee has identified the alleged illegality to the employer; (iii) Requesting the Commission to institute action against l
his or her employer for the administration or enforcement of j
these requirements *
(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 i
statutes.
(v)
Assisting or participating in, or is about to assist or participate in, the above activities.
(2) These activities are protected even if no formal proceeding is actually initiated as a result of the employee assistance or participation.
(3) This section has no application to any employee alleging discrimination prohibited by this section who, acting without direction from his or her employer (or the employer's agent),
deliberately causes a violation of any requirement of the Energy
I
]
22 Reorganization Act of 1974, as amended, or the Atomic Energy Act of 1954, as amended.
(b)
Any employee who believes that he or she has been discharged or otherwise discriminatec' 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.
(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)
Denial, revocation, or suspension of the license.
(2)
Imposition of a civil penalty on the licensee or applicant.
(3)
Other enforcement action.
(d)
Actions taken by an employer, or others, which adversely affect an employee may be predicated upon nondiscriminatory grounds.
The prohibition applies when the adverse action occurs because the employee has engaged in protected activities.
An employee's engagement in protected activities does not automatically render him or her immune from discharge or discipline for legitimate reasons or from adverse action dictated by nonprohibited considerations.
(e) (1) Each specific licensee and each applicant for a specific license and each general licensee subject to Part 19 shall prominently post the revision of NRC Form 3,
" Notice to Employees", referenced in 10 CFR 19.11(c).
(e) (2) All licensees and applicants are expected to notify their contractors of the prohibition against discrimination for engaging in protected activities.
(e)(3) The posting of NRC Form 3 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.
23 Note - Copies of NRC Fonn 3 may be obtained by writing to the Regional Adminictrator of the appropriate U.S. Nuclear Regulatory Commission Regional Office listed in Appendix D to Part 20 of this chapter or by contacting the NRC Information and Records Management Branch (telephone no. 301-492-8138).
(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 72 LICENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF SPENT NUCLEAR FUEL AND HIGH-LEVEL RADIOACTIVE WASTE 15.
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, 948, 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, 135, 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, 10152, 10153, 10155, 10157, 10161, 10168) and Pub.
L.
102-486, sec. 2902, 106 Stat. 3123, (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, 96 Stat. 2230 (42 U.S.C.
10153) and sec. 218(a), 96 Stat. 2252 (42 U.S.C. 10198).
24 16.
In S 72.10, the introductory text of paragraph (a) and paragraph (a) (1) (1) are revised; paragraphs (a) (1) (ii) and (a) (1) (iii) are redesignated as paragraphs (a) (1) (iii) and (a) (1) (iv), and paragraph (a) (1) (iv), as redesignated, is revised; new paragraphs (a) (1) (ii) and (a) (1) (v) are added; paragraph (b), the introductory text of paragraph (c), and paragraphs (e) and (f) are revised to read as follows:
S 72.10 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) The protected activities include but are not limited to:
(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 under either of the above statutes or under these requirements if the employee has identified the alleged illegality to the employer; (iii) Requesting the Commission to institute action against his or her employer for the administration or enforcement of these requirements; (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) These activities are protected even if no formal proceeding is actually initiated as a result of the employee assistance or participation.
(3) This section has no application to any employee alleging discrimination prohibited by this section who, acting without direction from his or her employer (or the employer's agent),
25 deliberately causes a violation of any requirement of the Energy Reorganization Act of 1974, as amended, or the Atomic Energy Act of 1954, as amended.
(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.
(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 applicant may be grounds for -
(1)
Denial, revocation, or suspension of the license.
(2)
Imposition of a civil penalty on the licensee or applicant.
(3)
Other enforcement action.
(d)
Actions taken by an employer, or others, which adversely affect an employee may be predicated upon nondiscriminatory grounds.
The prohibition applies when the adverse action occurs because the employee has engaged in protected activities.
An employee's engagement in protected activities does not automatically render him or her immune from discharge or discipline for legitimate reasons or from adverse action dictated by nonprohibited considerations.
(e) (1) Each licensee and each applicant for a license shall prominently post the revision of NRC Form 3,
" Notice to Employees", referenced in 10 CFR 19.11(c).
This form shall be posted 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.
(e) (2) All licensees and applicants are expected to notify their contractors of the prohibition against discrimination for engaging in protected activities.
f 26 i
(e) (3) Copies of NRC Form 3 may be obtained by writing to the Regional Administrator of the appropriate U.S. Nuclear Regulatory Commission Regional Office listed in Appendix D to Part 20 of this chapter or by contacting the NRC Information and Records Management Branch (telephone no. 301-492-8138).
(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 150 - EXEMPTIONS AND CONTINUED REGULATORY AUTHORITY IN AGREEMENT STATES AND IN OFFSHORE WATERS UNDER SECTION 274 i
18.
The authority citation for Part 150 is revised to read as follows:
AUTHORITY: Sec. 161, 68 Stat. 948, as amended, sec. 274, 73 Stat. 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 under secs. 11e(2), 81, 68 Stat. 923, 935, as amended, secs. 83, 84, 92 Stat. 3033, 3039 (42 U.S.C.
2014e(2), 2111, 2113, 2114).
Section 150.14 also issued under sec. 53, 68 Stat. 930, as amended (42 U.S.C. 2073). Section 150.15 also issued under secs. 135, 141, Pub. L.97-425, 96 Stat. 2232, 2241 (42 U.S.C.
- 10155, 10161).
Section 150.17a also issued under sec. 122, 68 Stat. 939 (42 U.S.C. 2152).
Section 150.30 also issued under sec. 234, 83 Stat. 444 (42 U.S.C.
2282).
19.
S 150.20(b) is revised to read as follows:
5 150.20 Recognition of Agreement State licenses 1
27 (b) Notwithstanding any provision to the contrary.
. the general licenses provided in this section are subject to the provisions of SS 30.7(a) through (f),
SS 40.7 (a) through (f),
SS 70.7(a) through (f).
Dated at Rockville, Maryland this day of 1993.
For the Nuclear Regulatory Commission James M.
- Taylor, Executive Director for Operations
ENCLOSURE 2 Modifications to NRC Manual Chapter 0517 l
i
'l 1
1 i
Modifications to NRC Manual Chapter 0517, " Management of Allegations", resulting from Energy Policy Act 1.
In section 0517-03 Responsibility and Authorities, section I
0517-04 Definitions, and section 0517-05 Basic Requirements f
revise "Section 210" and "Section 210(a)" to "Section 211".
l 2.
In the NRC Appendix 0517, Part'I, Part II, and Part III
)
revise'"Section 210" and "Section 210(a)" to "Section 211" and i
"30 days" to "180 days".
j i
i l
i 1
l
)
l
l I
ENCLOSURE 3 NRC Form 3
4 ENCLOSURE 4 Weekly Report to the Commission
WEEKLY REPORT TO THE COMMISSION OFFICE OF ENFORCEMENT ProDosed Rule Sianed by EDO On the Executive Director for Operations approved for publication in the Federal Reaister 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 Federal Register.
ENCLOSURE 5 congressional Letter
.5 i
i i
The Honorable Bob Graham, Chairman l
Subcommittee on Nuclear Regulation Committee on Environment and Public Works l
United States Senate Washington, DC 20510
[
}
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.
i The Commission is issuing the proposed rule for.public comment.
Sincerely, t
i Dennis K. Rathbun, Director office of Congressional Affairs
Enclosure:
As Stated cc:
The Honorable Alan Simpson I
i
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h
1 5
W P
i 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:
1 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 FrR 61; 10 CFR 70; and 10 CFR 72.
The amendment, if adopted, weald revise certain sections of the Commission regulations to
'onform with the nuclear.whistleblower protection provisions of the Energy Policy Act of 1992.
The Commission is issuing the proposed rule for public comment.
sincerely, j
Dennis K. Rathbun, Director Office of Congressional Affairs
Enclosure:
As Stated cc:
The Honorable Carlos Moorhead
[
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F 1.
g r
n
,.n..g
, ~
e.
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 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
)
i i