ML20058N380

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Responds to Re La Thorp 900607 Request Concerning Amends to NRC Regulations to Protect Due Process Rights. NRC Has Proposed Revs to Regulations That Enables Agency to Take Enforcement Action Against Nonlicensed Persons
ML20058N380
Person / Time
Issue date: 07/26/1990
From: Taylor J
NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To: Nickles D
SENATE
Shared Package
ML20058N383 List:
References
FRN-55FR12374, RULE-PR-110, RULE-PR-150, RULE-PR-30, RULE-PR-40, RULE-PR-50, RULE-PR-60, RULE-PR-61, RULE-PR-70, RULE-PR-72 CCS, NUDOCS 9008140103
Download: ML20058N380 (1)


Text

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July 26,1990 The Honorable Don Nickles United States Senate Washington, D. C. 20510

Dear Senator Nickles:

I am responding to your letter of June 27, 1990, which referred a June 7, 1990, letter from your constituent, Mr. L. A. Tharp, of Gore, Oklahoma. Mr. Tharp requested your assistance in ensuring that certain )roposed regulations of the NRC would be amended to protect the due process rig 1ts of individuals.

The NRC has proposed revisions to its regulations which would enable the agency to take enforcement action against non-licensed persons, including individuals and corporations for willfully causing a licensee to violate the Connission's requirements or for other willful misconduct that places in question the agency's reasonable assurance that licer sed activities will be conducted in a manner that provides adequate protection to the public health and safety.

Mr. Tharp has provided comments on these proposed revisions under separate cover to the NRC. These consnents, which raise the same issues that Mr. Tharp has brought to your attention, have been officially received and docketed by the NRC. We have initiated a review of all the public comments received on the proposed revisions, and Mr. Tharp's comments will receive careful consideration in that process.

The NRC takes very seriously its responsibilities for assuring that activities within the jurisdiction of the agency are conducted in a manner that provides adequate protection to the public health and safety, and at the same time comport with statutory and constitutional requirements.

I would like to assure you that any regulations adopted by the Connission will appropriately provide for protection of the rights of individuals who may become the subject of NRC enforcement action.

Sincerely,

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