ML20058J199

Forwards Final Rule 10CFR19,30,40,50,60,61,70,72 & 150, Whistleblower Protection for Employees of NRC-Licensed Activities, Which Has Been Forwarded to Ofc of Fr for Publication.Rule Effective 30 Days After Fr Publication

ML20058J199
Person / Time
Issue date:	10/08/1993
From:	Rathbun D NRC OFFICE OF CONGRESSIONAL AFFAIRS (OCA)
To:	Lehman R, Lieberman J, Sharp P HOUSE OF REP., HOUSE OF REP., ENERGY & COMMERCE, SENATE, ENVIRONMENT & PUBLIC WORKS
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 CCS, NUDOCS 9312140002
Download: ML20058J199 (3)

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UNITED STATES f YWf gj NUCLEAR REGULATORY COMMISSION t

WASHINGTON, D.C. 20556 4001

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October 8, 1993 The Honorable Toseph Lieberman, Chairman Subcommittee on Clean Air and 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 final amendments to the Commission's j

rules in 10 CFR Parts 19, 30, 40, 50, 60, 61, 70, 72, and 150.

I The amendments revise certain sections of the commission regulations to conform with the nuclear whistleblower protection provi ' 7s of the Energy Policy Act of 1992.

I The ru. 1 mies will be effective 30 days from the date of publication in the Federal Register.

Sincerely,

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Dennis K. Rathbun, Director Office of Congressional Affairs

Enclosure:

As Stated cc:

Senator Alan K. Simpson l

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UNITED STATES i

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NUCLEAR REGULATORY COMMISSION

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October 8, 1993 The Honorable Richard H. Lehman, Chairman Subcommittee on Energy and Mineral Resources Committee on Natural Resources United States House of Representatives i

Washington, DC 20515

Dear Mr. Chairman:

1 The NRC has sent to the Office of the Federal Register for publication the enclosed final amendments to the commission's rules in 10 CFR Parts 19, 30, 40, 50, 60, 61, 70, 72, and 150.

The amendments revise certain sections of the Commission regulations to conform with the nuclear whistleblower protection provisions of the Energy Policy Act of 1992.

I The final rules will be effective 30 days from the date of publication in the Federal Register.

Sincerely, p f. vj t' m~

Dennis K. Rathbun, Director Office of Congressional Affairs

Enclosure:

As Stated Representative Barbara Vucanovich j

cc:

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UNITED STATES P([4 E

NUCLEAR REGULATORY COMMISSION i

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WASHINGTON, D.C. 205%4001 i

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October 8, 1993 The Huaorable Philip Sharp, Chairman Subccumittee on Energy and Power Committee on Energy and Commerce United States House of Representatives Washington, DC 20515

Dear Mr. Chairman:

The NRC has sent to the Office of the Federal Register for publicatic,a the enclosed final amendments to the Commission's rules in 10 CFR Parts 19, 30, 40, 50, 60, 61, 70, 72, and 150.

The amendments revise certain sections of the Commission regulations to conform with the nuclear whistleblower protection provisions of the Energy Policy Act of 1992.

The final rules will be effective 30 days from the date of publication in the Federal Register.

Sincerely,

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Dennis K. Rathbun, Director Office of Congressional Affairs

Enclosure:

As Stated cc:

Representative Michael Bilirakis i

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NUCLEAR REGULATORY COMMISSION 10 CFR Parts 19, 30, 40, 50, 60, 61, 70, 72, and 150 l

RIN 3150-AE50 Whistleblower Protection for P7ployees of l

NRC-Licensed Activities AGENCY:

Nuclear Regulatory Commission.

j ACTION:

Final rule.

j

SUMMARY

The Nuclear Regulatory Commission (NRC) is amending its i

regulations regarding the protection of employees who provide i

information to the NRC or their employers concerning safety issues.

The amendments ar' intended to conform current NRC f

regulations to the new nuclear whistleblower protection f

l provisions of the Energy Policy Act of 1992, which was enacted'on l

October 24, 1992.

i EFFECTIVE DATE:

(30 days after publication) f l

FOR FURTHER INFORMATION CONTACT:

James Lieberman, Office'of l

Enforcement, U.

S.

Nuclear Regulatory Commission, Washington, DC 20555, Telephone: 301-504-2741

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SUPPLEMENTARY INFORMATION:

i I.

Background

II.

Summary of Proposed Rule j

III.

Public comments and the Commission's Response IV.

Environmental Impact:

Categorical Exclusion V.

Paperwork Reduction Act Statement

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l Lor are about to testify, before Congress or in any Federal or i

State proceeding regarding any provision (or proposed provision) i of the ERA or the Atomic Energy Act (AEA).

As a result of these legislative changes, the NRC concluded i

that its regulations in 10 CFR Parts 19, 30, 40, 50, 60, 61, 70,

_l 72, and 150 should be updated to conform to the new legislation.

Accordingly, on June 15, 1993 (58 FR 33042), the Commission r

published in the Federal Recister proposed changes to these Parts to reflect the changes in the whistleblower protection provisions brought about by the Energy Policy Act of 1992.

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II. Summary of Proposed Rules Currently, 10 CFR 19.11(c) requires that the June 1982 1

version or later revision of the NRC. Form 3,

" Notice to Employees," be posted.

This section is being changed to ensure j

that the most recent version of NRC Form 3 is posted.

The language is modified so that the date of publication for NRC Form r

t 3 is inserted in the revision to 10 CFR Part 19.

In the future, l

if NRC Form 3 is changed, 10 CFR Part 19 will also be changed.

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With this rulemaking, 10 CFR Part 19 is revised to specify NRC

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Form 3 (6/93).

The revised NRC Form 3, in addition to. addressing

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the 180-day time period that employees have to file a complaint with the Department of Labor, describes protection for employees who: (1) bring. safety complaints to their employers; (2) refuse i

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4 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 any provision (or proposed provision) of the ERA or the AEA.

The June 1993 version of Form 3 was r

distributed in July 1993.

Additional copies are available as

-specified in 10 CFR 19.11.

In addition, 10 CFR Parts 30, 40 and 70 are modified to require posting of NRC Form 3 by general licensees subject to 10'CFR Part 19.

l Section 211 requires that the provisions of that section be posted.

The Department of Labor (DOL) is implementing procedures i

to require all employers to post the provisions of Section 211.

Accordingly, given that the DOL action will require posting by a j

class of employers that includes all NRC licensees, the NRC is

.f not separately requiring the posting of the provisions.

However, I

NRC licensees will'be subject to the DOL rule. implementing the t

posting provision of section 211 and will also be required by this rule to post NRC Form 3 which summarizes protected i

activities, defines discrimination, and explains how to file a i

e complaint with the DOL.

ll In 10 CFR 30.7, 40.7, 50.7, 60.9, 61.9, 70.7, 72.10, and 150.20, the following changes were proposed to reflect the new i

legislation:

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-I (1)

The applicable Section 210 is renumbered as Section-

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211.

(2)

The definition of protected activities is modified to l

reflect the provisions of the Energy Policy Act of 1992.

(3)

The period in which a complaint can be filed with DOL l

is changed from 30 days to 180 days.

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(4)

References in certain sections of the regulations to l

" compensation, terms, conditions, and privileges of employment" are being changed to " compensation, terms, l

conditions, or privileges of employment."

This change-i i

is necessary to correct earlier language-to conform'to l

the language in the EPA of 1974, as amended.

j (5)

The exemption in SS 30.7, 40.7, and 70.7, formally i

exempting general licensees from the requirement to j

post NRC Form 3, is being deleted because some general

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i licensees are subject to Part 19.

f (6)

The Part 150 NRC general license, recognizing Agreement j

State licenses,-would be amended to conform to the changes to SS 30.7, 40.7, and 70.7.

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(6)

EGch applicable regulation'would be amended to provide i

that licensees and applicants are expected to notify their contractors of the prohibition against l

l discrimination for engaging in protected: activities.

j As provided in 10 CFR 30.7(c), 4 0. 7 (c), 50.7(c), 60.9(c),

l 61.9(c), 70.7(c), and 72.10(c) of these regulations, licensees i

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I and applicants may be subject to enforcement action for I

discrimination caused by their contractors or subcontractors.

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III. Public Comments and the Commission's Response The June 15, 1993 proposed rule resulted in the receipt of

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comments from the Nuclear Management and Resources Council (NUMARC), the International Union, United Plant Guard Workers of America (UPGWA), and the law firm of Winston & Strawn who commented on behalf of four nuclear utilities.

(Copies of the three comment letters are available for inrg tion in the NRC I

Public Document Room, 2120 L Street, NW (Lower Level) Washington, j

DC).

Two of the comments were similar in nature.

NUMARC commented that the NRC's rule changes appear to meet the Commission's intent to conform the regulations to the new i

f statutory requirements.

The UPGWA indicated that it enthusiastically supports the rule changes and hopes that the rules will be vigorously and strictly enforced.

Both commenters were generally supportive of the proposed rule and provided no I

comments on specific provisions.

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On the other hand, Winston & Strawn, while recognizing that l

l most of the proposed changes are required by the Energy Policy-Act of 1992, focused on the proposal in 10 CFR 50.7(e) and the related enforcement provision in S 50.7(c).

In particular, the a

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'I proposed rulemaking would add a subsection in each applicable

section, e.g.

50. 7 (e) (2 ), that stated NRC's. expectation that all f

licensees will notify their contractors of the prohibition against discrimination for engaging in protected activities.

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Winston & Strawn commented that there is no need for this provision since, in its view, the existing regulatory framework'

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provides ample incentives for licensees to notify their j

contractors of the prohibitions on discrimination.

Winston &

-i Strawn's basic concern, however, is that these proposed

-f subsections do not specify in any detail the licensee's contractor notification requirements and yet the NRC may seek to take enforcement action against a licensee for violations of the l

t notification provision.

It should be noted that the NRC continues to find instances j

of contractor discrimination which indicate that there is a continuing need for licensees to work with their contractors to i

i eliminate discrimination.

A basic need in this area is for i

contractors to be fully apprised of their responsibilities and j

the prohibition on discrimination.

The intent of these subsections was to prompt licensees to take whatever actions they I

believe to be necessary to ensure that their contractors are j

i informed of the prohibitions against discrimination, not to impose rigid or prescriptive requirements as to how, when or how often licensees are to notify-their contractors of the t

prohibitions.

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The proposed notification requirement was not expressed in-mandatory language, rather the language used provided NRC's i

expectation.

This may make enforcement difficult.

Therefore, i

rather than embark on a new rulemaking at this time to provide

.l more specificity, the language will be deleted.

However, the NRC i

continues to believe that it is in the interest of the public health and safety that each licensee take sufficient steps to l

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assure that its contractors are aware of the prohibitions against discrimination.

The need for rulemaking on this notification j

matter may be revisited following the completion of the staff's l

report to the Commission on its reassessment of the NRC program l

I for protecting allegers against retaliation.

58 FR 41108 j

(August 2, 1993).

The NRC emphasizes, however, regardless of f

whether a notification provision is specified in the regulations, j

licensees will be subject to enforcement actions for l

discrimination caused by their contractors.

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i IV. Environmental Impact:

Categorical Exclusion i

i I

The NRC has determined that this final rule is the type of action described in categorical exclusion 10 CFR 51.22 (c) (2).

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Therefore, neither an environmental impact statement nor an t

1 environmental assessment has been prepared for the final rule.

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1 V.

Paperwork Reduction Act Statement l

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9 The final rule does not contain new or amended information collection requirements 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 l

3150-0044, -0017, -0020, -0011, -0127, -0135, -0009, -0132, and-0032.

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VI. Regulatory Analysis 1

The Commission finds that there is no alternative to r

amending the regulations because most of the amendments are l

statutorily mandated as required by the Energy Policy Act of 1992.

The final rule is intended to conform the Commission's regulations to the nuclear whistleblower provisions of the Energy

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Policy Act of 1992.

The final rule extends and clarifies protection to new classes of employees and employers and extends the period in which an employee may file a whistleblower complaint.

The foregoing constitutes the regulatory analysis for the final rule.

i I

VII. Regulatory Flexibility Certification i

l 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 final rule conforms the Commission's

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10 regulations to the nuclear whistleblower provisions of the Energy

.i Policy'Act of'1992, l

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11 VIII. Backfit Analysis i

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- r The Nuclear Regulatory Commission has determined-that the backfit rule, 10 CFR 50.109, does not apply to the-final rule and

' l that a backfit analysis is not required for the final rule because these amendments are required by law and/or do not involve any provisions which would impose backfits as defined in I

10 CFR 50.109 (a) (1).

I List of Subjects l

10 CFR Part 19 - Criminal penalties, Environmental.

i protection, Nuclear materials, Nuclear power plants and reactors, r

occupational safety and health, Radiation protection, Reporting' i

and recordkeeping requirements, Sex discrimination.

l 10 CFR Part 30 - Byproduct material, Criminal. penalties, r

Government contracts, Intergovernmental relations, Isotopes, Nuclear materials, Radiation protection, F.eporting and recordkeeping requirements.

i 10 CFR Part 40 - Criminal penalties, Government contracts, Haza.rdous materials transportation, Nuclear materials, Reporting and recordkeeping requirements, Source material, Uranium.

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12 5l 10 CFR Part 50 - Antitrust, Classified information, Criminal penalties, Fire protection, Intergovernmental relations, Nuclear j

power plants and reactors, Radiation protection, Reactor siting

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I criteria, Reporting and recordkeeping requirements.

i 10 CFR Part 60 - Criminal penalties, High-level waste, s

Nuclear power plants and reactors, Nuclear materials, Reporting.

and recordkeeping requirements, Waste treatment and disposal.

1 f

10 CFR Part 61 - Criminal penalties, Low-level waste, j

Nuclear materials, Reporting and recordkeeping requirements, Waste treatment and disposal.

t 1

10 CFR Part 70 - Criminal penalties, Hazardous materials -

l transportation, Material control and accounting, Nuclear j

materials, Packing and containers, Radiation protection, t

Reporting and recordkeeping requirements, Scientific equipment, j

Security measures, Special nuclear material.

t 10 CFR Part 72 - Manpower training programs, Nuclear f

i materials, Occupational safety and health, Reporting and i

recordkeeping requirements, Security measures, Spent fuel.

i 10 CFR Part 150 - Criminal penalties, Hazardous materials -

transportation, Intergovernmental relations, Nuclear materials, l

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Reporting and recordkeeping requirements, Security measures, f

Source material, Special nuclear material.

4 For the reasons set out in the preamble and under the i

authority of the Atomic Energy Act of 1954, as amended, the Energy Reorganization Act of 1974, as amended, and 5 U.S.C.

552 and 553, the NRC is proposing to adopt the following amendments to 10 CFR Parts 19, 30, 40, 50, 60, 61, 70, 72, and 150.

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PART 19 -

NOTICES, INSTRUCTIONS, AND REPORTS TO WORKERS:

INSPECTION AND INVESTIGATIONS ei 1.

The authority citation for Part 19 is revised to read as

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follows:

AUTHORITY:

Secs. 53, 63, 81, 103, 104, 161, 186, 68 Stat.

-l 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, I

2236, 2282); sec. 201, 88 Stat. 1242, as amended (42 U.S.C.

5841).

Pub.

L.95-601, sec. 10, 92 Stat. 2951 as amended by I

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:

1 S 19.11 Posting of notices to workers.

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t (c) Each licensee and each applicant for a specific license j

i shall prominently post NRC Form 3, (Revision dated June 1993),

j

" Notice to Employees."

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l 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 r

NRC Information and Records Management Branch (telephone no. 301-492-8138).

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i PART 30 -

RULES OF GENERAL APPLICABILITY TO DOMESTIC LICENSING j

OF BYPRODUCT MATERIAL I

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3.

The authority citation for Part 30 is revised to read as follows:

j AUTHORITY:

Secs. 81, 82, 161, 182, 183, 186, 68 Stat. 935, f

i 948, 953, 954, 955, as amended, sec. 234, 83, Stat. 444, as l

amended (42 U.S.C.

2111, 2112, 2201, 2232, 2233, 2236, 2282);

secs. 201 as amended, 202, 206, 88 Stat. 1242, as amended, 1244, i

1246 (42 U.S.C.

5841, 5842, 5846).

Section 30,7 also issued under Pub. L.95-601, sec. 10, 92 l

Stat. 2951 as amended by Pub.

L.

102-486, sec. 2902, 106 Stat.

3123, (42 U.S.C. 5851).

Section 30.34(b) also issued under sec.

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j 15 184, 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).

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4.

Section 30.7 is revised to read as follows:

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S 30.7 Employee protection.

r (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 i

i includes discharge and other actions that relate to compensation, terms, conditions, or privileges of employment.

The protected f

activities are established in section 211-of the Energy-Reorganization Act of 1974, as amended, and in general are

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q related to the administration or enforcement of a requirement l

r imposed under the Atomic Energy Act or the Energy Reorganization Act.

i (1) The protected activities include but are not limited to:

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(i) Providing the Commission or his or her. employer f

information about alleged violations of either of the above f

statutes or possible. violations of requirements imposed under either of the above statutes; 1

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16 (ii) Refusing to engage in any practice made unlawful under 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 his or her employer for the administration or enforcement of these requirements; (iv) Testifying in any Commission proceeding, or before I

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, these 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 l

Reorganization Act of 1974, as amended, or the Atomic Energy Act i

of 1954, as amended.

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Any employee who believes that he or she has been r

discharged or otherwise discriminated against by any person for I

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.. The

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employee may do this by filing a complaint alleging ~the violation with the Department of Labor, Employment Standards i

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 r

license, or a contractor or subcontractor of a Commission licensee or applicant may be grounds for -

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(1)

Denial, revocation, or suspension of the-license.

1 (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

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18 nondiscriminatory grounds.

The prohibition applies when the l

l adverse action occurs because the employee has engaged in i

f protected activities.

An employee's engagement in protected

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i activities does not automatically render him or her immune from i

i discharge or discipline for legitimate reasons or from adverse i

action dictated by nonprohibited considerations.

(e) (1) Each specific licensee, each applicant for a specific license, and each general licensee subject to Part 19 shall ~

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t prominently post the revision of NRC Form 3,

" Notice to Employees," referenced in 10 CFR 19.11(c).

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t (2) The posting of NRC Form 3 must be at locations

- i sufficient to permit employees protected by this section to observe a copy on the way to or from their place of work.

1 Premises must be posted not later than 30 days after an application is docketed and remain posted while the application i

is pending before the Commission, during the term of the license, i

and for 30 days following license termination.

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t Note - Copies of NRC Form 3 may be obtained by writing to the Regional Administrator of the appropriate U.S.

Nuclear Regulatory Commission Regional l

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, j

conditions, or privileges of employment, including an agreement

8 19 i

T to settle a complaint filed by an employee with the' Department of Labor pursuant to section 211 of the Energy Reorganization Act of j

1974, as amended, may contain any provision which would prohibit, l

restrict, or otherwise discourage an employee from participating f

in protected activity as defined in paragraph (a)(1) of this section including, but not limited to, providing information to l

the NRC or to his or her employer on potential violations or f

i other matters within NRC's regulatory responsibilities.

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PART 40 -

DOMESTIC LICENSING OF SOURCE MATERIAL a

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The authority citation for Part 40 is revised to read

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as follows:

1 i

l AUTHORITY:

Secs. 62, 63, 64, 65, 81, 161, 182, 183, 186, 68 Stat. 932, 933, 935 948, 953, 954, 955, as amended, secs.

l 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, l

2093, 2094, 2095, 2111, 2113, 2114, 2201, 2232, 2233, 2236, j

2282); sec. 274, Pub.

L.86-373, 73 Stat. 688 (42 U.S.C.

2021);

I secs, 201, as amended, 202, 206, 88 Stat. 1242, as amended, 1244,

.i i

1246 (42 U.S.C.

5841, 5842, 5846); sec. 275, 92 Stat. 3021, as I

amended by Pub.

L.97-415, 96 Stat. 2067 (42 U.S.C.

2022).

I Section 40.7 also issued under Pub.

L.95-601, sec. 10, 92-1 Stat. 2951 as amended by Pub.

L.

102-486, sec. 2902, 106 Stat.

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l 3123, (42 U.S.C. 5851).

Section 40.31(g) also issued under sec.

i 122, 68 Stat. 939 (42 U.S.C..2152).

Section 40.46 also issued i

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.

j i

2237).

l 6.

Section 40.7 is revised to read as follows:

5 40.7 Employee protection.

(a)

Discrimination by a Commission licensee, an. applicant-l i

for a Commission license, or a contractor or subcontractor of a Commission licensee or applicant against an employee for engaging

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in certain protected activities is prohibited.

Discrimination-l includes discharge and other actions that relate to compensation,

-j 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 i

imposed under the Atomic Energy Act or the Energy Reorganization Act.

.i i

i (1) The protected activities include but are not limited to:

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(i) Providing the Commission or his er her employer information about alleged violations of either of the above r-g-

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statutes or possible violations of requirements imposed under either of the above statutes; i

(ii) Refusing to engage in any practice made unlawful under l

either of the above statutes or under these requirements if the employee has identified the alleged illegality to the employer;

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(iii) Requesting the Commission to institute action against

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his or her employer for the administration or enforcement of these requirements; l

i (iv) Testifying in any Commission proceeding, or before t

l Congress, or at any Federal or State proceeding regarding any l

provision (or proposed provision) of either of the above

statutes, j

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i (v)

Assisting or participating in, or is about to. assist or participate in, these activities.

I (2) These activities are protected even if no formal proceeding is actually initiated as a result of the employee assistance or participation.

i (3) This.section has no application to any employee alleging discrimination prohibited by this section who, acting.without 1

direction from his or her employer (or the employer's agent),.

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j 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.

l (b)

Any employee who believes that he or she has been i

discharged or otherwise discriminated against by any person for engaging in protected activities specified in paragraph (a) (1) of l

this section may seek a remedy for the discharge or discrimination through an administrative proceeding in the f

i Department of Labor.

The administrative proceeding must be j

initiated within 180 days after an alleged violation occurs.

The l

employee may do this by filing a complaint alleging the violation l

i with the Department of Labor, Employment Standards l

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)

Denial, revocation, or suspension of the license.

(2)

Imposition of a civil penalty on the licensee or applicant.

m..

)

4 l

23 (3)

Other enforcement action.

l i

(d)

Actions taken by an employer, or others, which j

adversely affect an employee may be predicated upon-l nondiscriminatory grounds.

The prohibition applies when the adverse action occurs because the employee has engaged in

[

protected activities.

An employee's engagement in protected l

activities does not automatically render him or her immune from

{

discharge or discipline for legitimate reasons or from adverse l

i action dictated by nonprohibited considerations.

f (e) (1) Each specific licensee, each applicant for a specific t

license, and each general licensee subject to Part 19 shall prominently post the revision of NRC Form 3,

" Notice to i

i Employees", referenced in 10 CFR 19.11(c).

i f

(2) The posting of NRC Form 3 must be at locations l

sufficient to permit employees protected by this section to l

observe a copy on the way to or from their place of work.

Premises must be posted not later than 30 days after an i

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.

i Note - Copies of NRC Form 3 may be obtained by writing to the Regional l

4 Administrator of the appropriate U.S. Nuclear Regulatory Commission Regional l

l I

l l

1

6 i

a i

24 I

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).

~

f i

(f)

No agreement affecting the compensation, terms, l

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 i

1974, may contain any provision which would prohibit, restrict, or otherwise discourage an employee from participating'in l

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 PART 50 -

DOMESTIC LICENSING OF PRODUCTION AND UTILIZATION FACILITIES i

7.

The authority citation for Part 50 is revised to read l

i' 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, l

2135, 2201, 2232, 2233, 2236, 2239, 2282); secs. 201, as amended, j

i 202, 206, 88 Stat. 1242, as amended, 1244, 1246 (42 U.S.C.

5841, 5842, 5846).

..-- p

.~

~

l 25 Section 50.7 is also issued under Pub.

L.95-601, sec. 10, 92 Stat. 2951 as amended by Pub.

L.

102-486, sec.-2902, f

i

-106 Stat. 3123, (42 U.S.C. 5851).

Section 50.10 also issued i

i under secs. 101, 185, 68 Stat. 936, 955, as amended (42 U.S.C.

l

?

2131, 2235); sec. 102, Pub.

L.91-190, 82 Stat. 853 (42 U.S.C.

)

i 4332).

Sections 50.13, 50.54(dd), and 50.103 also issued under i

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 j

Q also issued under sec. 102, Pub.

L.91-190, 83 Stat. 853 (42 j

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, j

J 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 9

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).

i

)

4 8.

Section 50.7 is revised to read as follows:

l S 50.7 Employee protection.

(a)

Discrimination by a Commission licensee, an applicant for a Commission license, or a contractor or subcontractor of a 3

Commission licensee or applicant against an employee for engaging in certain protected activities is prohibited.

Discrimination C

i

.i

i 26 I

includes discharge and other actions that relate to compensation, l

terms, conditions, or privileges of. employment.

The protected activities are established in section 211 of the Energy I

Reorganization Act of 1974, as amended, anil in general are l

related to the administration or enforcement of a requirement i

imposed under the Atomic Energy Act or the Energy Reorganization I

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 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

s 28 Administration, Wage and Hour Division.

l'ne 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 lic ense, or a contractor or subcontractor of a Commission licensee or applicant may be grounds for -

(1)

Denial, revocat.on, 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 nor. discriminatory grounds.

The prohibition applies when the i

1 1

adverse action occurs because the employee has engaged in protected activities.

An employee's engagement in protected-activities does not automatically renfeer him or her immune from aischarge or discipline for legitimate reasons or from adverse action dictated by nonprohibited considerations.

(e) Each licensee and each applicant for a license shall prominently post the revision of NRC Form 3,

" Notice to

4 29 Employees," referenced in 10 CFR 19.11(c).

This form must 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.

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-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 60 -

DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTES IN GEOLOGIC REPOSITORIES

9 I

l 30 l

9.

The authority citation for Part 60 is revised to read as i

follows:

l l

l AUTHORITY

• Secs. 51, 53, 62, 63, 65, 81, 161, 182, 183, 68 Stat. 929, 930, 932, 933, 935, 948, 953, 954, as amended (42 l

l 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 3

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 1

(42 U.S.C.

10134, 10141) and Pub.

L.

102-486, sec. 2902, 106 Stat. 3123, (42 U.S.C. 5851).

i h

10.

Section 60.9 is revised to read as follows:

l S 60.9 Employee protection.

-t

]

(a)

Discrimination by a Commission licensee, an applicant for a Commission license, or a contractor or subcontractor of a I

Commission licensee or applicant against an employee for engaging

.j

-i in certain protected activities is prohibited.

Discrimination includes discharge and other actions that relate to compensation,

]

terms, conditions, or privileges of employment.

The protected i

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 1

r y

i i

I

{

31 imposed under the Atomic Energy Act or the Energy Reorganization t

Act.

l t

t (1) The protected activities include but are not limited to:

.i i

I i

1 (i) Providing the Commission or his or her employer 1

information about alleged violations of either of the above i

statutes or possible violations of requirements imposed under I

either of the above statutes; I

i (ii) Refusing to engage in any practice made unlawful under either of the above statutes or under these requirements if the j

employee has identified the alleged illegality to the employer;

'l (iii) Requesting the Commission to institute actiori against his or her employer for the administration or enforcement of these requirements;

l I

i (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, these activities, i

l 32 (2) These activities are protected even if no formal proceeding is actually initiated as a result of the employee i

assistance or participation.

i (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.

I i

(b)

Any employee who believes that he or she has been l

discharged or otherwise discriminated against by any person for I

?

engaging in protected activities specified in paragraph (a) (1) of j

this section may seek a remedy for the discharge or i

discrimination through an administrative proceeding in the j

t Department of Labor.

The administrative proceeding must be l

I initiated within 180 days after an alleged violation occurs.

The j

employee may do this by filing a complaint alleging the violation

{

l with the Department of Labor, Employment Standards l

Administration, Wage and Hour Division.

The Department of. Labor i

may order reinstatement, back pay, and compensstory damages.

-l I

(c)

A violation of paragraph (a), (e), or (f) of this section by a commission licensee, an applicant for a Commission 1

-l i

^

j 33 license, or a contractor or subcontractor of a Commission licensee or applicant may be grounds for -

J (1)

Denial, revocation, or suspension of the license.

I (2)

Imposition of a civil penalty on the licensee or I

applicant.

I

~

l (3)

Other enforcement action.

i (d)

Actions taken by an employer, or others, which adversely affect an employee may be predicated upon nondiscriminatory grounds.

The prohibition applies when the j

adverse action occurs because the employee has engaged in j

protected activities.

An employee's engagement in piotected i

l activities does not automatically render him or her immune from-discharge or discipline for legitimate reasons or from adverse j

action dictated by nonprohibited considerations.

i (e) Each licensee and each applicant for a license shall l

i prominently post the revision of NRC Form 3,

" Notice to Employees," referenced in 10 CFR 19.11(c).

This form must be l,

posted at locations sufficient to permit employees protected by_

i this section to observe a copy on the way to or from their place 1

>f work.

Premises must be posted not later than 30 days after an application is docketed and remain posted while the application d

w 2---.-

m, y-

4 34 is pending before the Commission, during the term of the license, and for 30 days following license termination.

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 (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 f

Labor pursuant to section 211 of the Energy Reorganization Act of 1974, as amended, may contain any provi:. ion 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 61 -

LICENSING REQUIREMENTS FOR LAND DISPOSAL OF r

RADIOACTIVE WASTE

{

i 11.

The authority citation for Part 61 is revised to read I

as follows:

J 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.

i i

\\

1

+

]

35 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) f and Pub.

L.

102-486, sec. 2902, 106 Stat. 3123, (42 U.S.C. 5851).

12.

Section 61.9 is revised to read as follows:

]

i S 61.9 Employee protection.

q (a)

Discrimination by a Commission licensee, an applicant f

for a Commission license, or a contractor or subcontractor of a

.I 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, I

terms, conditions, or privileges of employment.

The protected activities are established in re 1,in 211 of the Energy

~l Reorganization Act of 1s74, 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 l

l Act.

I

.]

(1) The protected activities include but are not limited to:

-I (i) Providing the Commission or his or her employer information about alleged violations of either of the above

4 36 statutes _or possible violations of requirements imposed under either of the above statutes;

. i (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; j

(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, these activities.

i (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),

l i

se w1e m.

n

_g

_y wb7

.. ~.

'\\

l o

l 37 deliberately causes a violation of any requirement of the Energy I

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

?

l 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.

The employee may do this by filing a complaint alleging the violation with the Department of Labor, Employment Standards f

Administration, Wage and Hour Division.

The Department of' Labor l

l n'ay order reinstatement, back pay, and compensatory damages.

l (c)

A violation of paragraph (a), (e), or (f) of this l

t 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 -

l t

t b

(1)

Denial, revocation, or suspension of the license.

l l

l (2)

Imposition of a civil penalty on the licensee or applicant.

l I

t l

~

-.. t

4 i

o 38 l

(3)

Other enforcement action.

t i

(d)

Actions taken by an employer, or others, which adversely affect an employee may be predicated upon nondiscriminatory grounds.

The prohibition applies when the l

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 j

i discharge or discipline for legitimate reasons or from adverse l

action dictated by nonprohibited considerations.

.)

i i

(e) 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 must be

')

posted at locations sufficient to permit employees protected by this section to observe a copy on the way to or from their place

-l l

of work.

Premises must be posted not later than 30 days after an j

application is docketed and remain posted while.the application r

is pending before the Commission, during the term of the license, l

and for 30 days following license termination.

.l l

Note - Copies of NRC Form 3 may be obtained by writing'to the Regional Administrator of the appropriate U.S. Nuclear Regulatory Commission Regional 1

Office listed in Appendix D to Part 20 of this chapter or by contacting the j

NRC Information and Records Management Branch (telephone no.~301-492-8138).

(f)

No agreement affecting the compensation, terms, i

'l conditions, or privileges of employment, including an agreement

.-__- ~.

39 to settle a complaint filed by an employee with the Department of i

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:

i i

AUTHORITY: Secs. 51, 53, 161, 182, 183, 68 Stat. 929, 930, I

948, 953, 954 as amended, secs. 234, 83 Stat. 444, as amended (42 i

U.S.C.

2071, 2073, 2201, 2232, 2233, 2282); Secs. 201, as j

amended., 202, 204,206, 88 Stat. 1242, as amended, 1244, 1245, 1246, ( 42 U.S.C.

5841, 5842, 5845, 5846).

i Sections 70.1(c) and 70.20a(b) also issued under secs. 135, j

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, secolo, 92 Stat.

2951 as amended by Pub.

L.

102-486, sec. 2902, 106 Stat. 3123, I

(42 U.S.C. 5851).

Section 70.21(g) also issued under sec. 122, I

68 Stat. 939 (42 U.S.C. 2152).

Section 70.31 also issued under i

sec. 57d, Pub.

L.93-377, 88 Stat. 475 (42 U.S.C. 2077).

i i

- -. ~ ~

.=..

1 40 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 i

secs. 186, 187, 68 Stat. 955 (42 U.S.C.

2236, 2237).

Section l

70.62 also issued under sec. 108, 68 Stat. 939, as amended (42 j

t U.S.C. 2138).

i t

14.

Section 70.7 is revised to read as follows:

S 70.7 Employee protection.

i (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 j

in certain protected activities is prohibited.

Discrimination includes discharge and other actions that relate to compensation,

-j t

terms, conditions, or privileges of employment.

The protected j

i activities are established in section 211 of the Energy i

Reorganization Act of 1974, as amended, and in general are related to the administration or enforcement of a requirement l

l imposed under the Atomic Energy Act or the Energy Reorganization j

Act.

)

]

l J

i.

(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

-.. - -~.

a 4

42 deliberately causes a violation of any requirement of the Energy Reorganization Act of 1974, as amended, or the Atomic Energy Act f

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 i

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.

The employee may do this by filing a complaint alleging the violation I

with the Department of Labor, Employment Standards.

Administration, Wage and Hour Division.

The Department of Labor f

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 -

f (1)

Denial, revocation, or suspension of the license.

i i

(2)

Imposition of a civil penalty on the licensee or-applicant.

e t

9 i,

p

-.w r

r

.--e

--,r

--r

=r-

-w

m 4-43 (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 l

action dictated by nonprohibited considerations.

(e)(1) Each specific licensee, 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).

4 4

i (2) The posting of NRC Form 3 must be at locctions 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 j

'l application is docketed and remain posted while the application is pending before the Commission, during the term of the license, r

i

. and for 30 days following license termination.

I i

Note - Copies of NRC Form 3 may be obtained by writing to the Regional i

Administrator of the appropriate U.S.

Nuclear Regulatory commission Regional i

i t

?

i f

i f

i

4 44 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).

j (f)

No agreement affecting the compensation, terms, l

conditions, or privileges of employment, including an agreement' to settle a complaint filed by an employee with the Department of l

Labor pursuant to section 211 of the Energy Reorganization Act of i

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 i

section including, but not limited to, providing information to the NRC or to his or her employer on potential violations or l

other matters within NRC's regulatory responsibilities.

PART 72 -

LICENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF j

SPENT NUCLEAR FUEL AND HIGH-LEVEL RADIOACTIVE WASTE 15.

The authority citation for Part 72 is revised to read as follows:

AUTHORITY:

Sees. 51, 53, 57, 62, 63, 65, 69, 81, 161, 182, 183, 184, 186, 187, 189, 68 Stat. 929, 930, 932, 933, 934, 935,

)

1 948, 953, 954, 955, as amended, sec. 234, 83 Stat. 444, as t

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.

45

]

I 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 as amended by Pub.

L.

102-486, sec. 2902, 106 Stat. 3123, i

(42 U.S.C.

5851); sec. 102, Pub.

L.91-190, 83 Stat. 853')42 i

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).

r i

Section 72.44(g) also issued under secs. 142(b) and 148(c),-

i (d), Pub.

L.

100-203, 101 Stat. 1330-232, 1330-236 (42 U.S.C.

i 10162(b), 10168(c), (d).

Section 72.46 also issued under sec.

l l

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.

j j

1016S(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, j

2244, (42 U.S.C.

10101, 10137(a), 10161(h).

Subparts K and L are I

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).

16.

Section 72.10 is revised to read as follows:-

S 72.10 Employee protection.

4 46 (a)

Discrimination by a Commission licensee, an applicant i

for a Commission license, or a contractor or subcontractor of a l

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.

t (1) The protected activities include but are not limited to:

i i

(i) Providing the Commission or his or her employer

-f 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-employee has identified the alleged illegality to the employer; 1

(iii) Requesting the Commission to institute action against t

his or her employer for the administration or enforcement.of these requirements; l

m-,

,m

i

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=

1 47 j

(iv) Testifying in any Commission proceeding, or before Congress, or at any Federal or State proceeding regarding any i

provision (or proposed provision) of either of the above statutes.

l i

(v)

Assisting or participating in, or is about to assist or participate in, these activities.

I (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 i

discrimination prohibited by this section who, acting without

{

direction from his or her employer (or the employer's agent),

r 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.

i I

(b)

Any employee who believes that he or she has been t

discharged or otherwise discriminated against by any person for l

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.

The i

,1

l i

48 employee may do this 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

(c)

A violation of paragraphs (a), (e), or (f) of this f

section by a commission licensee, an applicant for a commission I

licensee, or a contractor or subcontractor of a commission i

licensee or applicant may be grounds for -

l (1)

Denial, revocation, or suspens!.on of the license.

1 I

(2)

Imposition of a civil penalty on the licensee or i

applicant.

(3)

Other enforcement action.

l (d)

Actions taken by an employer, or others,-which i

adversely affect an employee may be predicated upon nondiscriminatory grounds.

The prohibition applies when the f

adverse action occurs because the employee has engaged in f

r protected activities.

An employee's engagement in protected activities does not automatically render him or her immune from

~

discharge er discipline for legitimate reasons or from adverse action dictated by nonprohibited considerations.

i i

l s

p

, n

--7.

1

- s i

49 (e) (1) Each licensee and each applicant for a license shall i

prominently post the revision of NRC Form 3,

" Notice to l

Employees," referenced in 10 CFR 19.11(c).

This form must be posted at locations sufficient to permit employees protected by f

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 7

is pending before the Commission, during the term of the license, I

and for 30 days following license termination.

i 4

(2) Copies of NRC Form 3 may be obtained by writing to l

t the Regional Administrator of the appropriate U.S.

Nuclear Regulatory Commission Regional Office listed in Appendix D to l

Part 20 of this chapter or by contacting the NRC Information and Records Management Branch (telephone no. 301-492-8138).

l l

(f)

No agreement affecting the compensation, terms, conditions, or privileges of employment, including an agreement j

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 H

the NRC or to his or her employer on potential violations or other matters within NRC's regulatory responsibilities.

.c

.. '. '.. e e,

50 PART 150 - EXEMPTIONS AND CONTINUED REGULATORY AUTHORITY IN AGREEMENT STATES AND IN OFFSHORE WATERS UNDER SECTION 274 18.

The authority citation for Part 150 is revised to read as follows:

s AUTHORITY: Sec. 161, 68 Stat. 948, as amendedh ec. 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, L

84, 92 Stat. 3033, 3039 (42 U.S.C.

2014e(2), 2111, 2113, 2114).

l 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.

In S 150.20, the introductory text of paragraph (b) is revised to read as follows:

S 150.20 Recognition of Agreement State licenses.

e.-

51 I

(b) Notwithstanding any provision to the contrary in any i

specific license issued by an Agreement State to a person 1

i engaging in activities in a non-Agreement State or in offshore i

waters under the general licenses provided in this section, the general licenses provided in this section are subject to the provisions of SS 30.7(a) through (f),

30.9, 30.10, 30.14(d),

30.34, 30.41, 30.51 to 30.63, inclusive, of part 30 of this chapter; SS 40.7(a) through (f), 40.9, 40.10, 40.41, 40.51, 40.61, 40.63 inclusive, 40.71 and 40.81 of part 40 of this chapter; SS 70.7(a) through (f), 70.9, 70.10, 70.32, 70.42, 70.51 to 70.56, inclusive, 70.60 to 70.62, inclusive, and to the provisions of 10 CFR parts 19, 20 and 71 and subpart B of part 34, SS 39.15 and 39.31 through 39.77, inclusive, of part 39 of this chapter.

In addition, any person engaging in activities in non-Agreement States or in offshore waters under the general licenses provided in this section:

1 Dated at Rockville, Maryla d this J fu day of I

1993.

__ +

/

For the Nuclear Regulatory Commission.

i

/

/

s M. T3plor,

)

e c u t i v e D'i r e c t o r f o r O p e r a t i o n s.

i i

.i

CONGRESSIONAL CORRZ5PONDENCE SY8 TEM DOCUKENT PREPARATION CHECKLIST This checklist is be submitted with each document (or group of G3/As) sent for e ing into the CCS.

1.

BRTEF DEXcRIPTION OF DOCUXENT(S) 7 ddL

/ /d /A'd/7,

l N/

Corraapendanceo Xeatingam (gSgm 3-TYPE' OF* DoctDGMT" a

X Non-Sansitive 3.

DOCUKENT CONTROL

_ 8ensitive (NRC Only) 4.

CONGRESSIONAL COMMITTZE and SUBCCXXITTEES (if applicable)

Congressional Committaa Subcommittaa s

5.

SUBJECT CODES (a)

(DI (c) 6.

SOURCE OF DOCUMENTS (a) 5520 (document nama (b) scan.

(c)

Attachments (d)

Rakey (a) other 7.

SYSTEM LOG DATES Il!l@+ /3 Data CCA sant'. document to CCS (a)

(b)

Data CCs. Esosivese document (c)

Data returned to CCA for additional information (d)

Data resubmitted by-CCA to CCS e <

(a)

Data antared into CCS by

~

(f)

Data OCA notified that. document is in CC5 8.

COXMENTS 2900c-(

.