ML20134M115
| ML20134M115 | |
| Person / Time | |
|---|---|
| Issue date: | 10/01/1996 |
| From: | Rathbun D NRC OFFICE OF CONGRESSIONAL AFFAIRS (OCA) |
| To: | Faircloth L SENATE, ENVIRONMENT & PUBLIC WORKS |
| Shared Package | |
| ML20134M117 | List: |
| References | |
| FRN-57FR1890, FRN-61FR51835, FRN-63FR1890, RULE-PR-110, RULE-PR-150, RULE-PR-30, RULE-PR-32, RULE-PR-40, RULE-PR-50, RULE-PR-52, RULE-PR-60, RULE-PR-61, RULE-PR-70, RULE-PR-71, RULE-PR-72 AF35-2, AF35-2-028, AF35-2-27, AF35-2-28, CCS, NUDOCS 9611220225 | |
| Download: ML20134M115 (2) | |
Text
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4 UNITED STATES g
j NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20066-0001 o%...../
October 1, 1996 1
The Honorable Lauch Faircloth, Chairman Subcommittee on Clean Air, Wetlands, Private Property and Nuclear Safety Committee on Environment and Public Works United States Senate Washington, DC 20510
Dear Mr. Chairman:
Enclosed for the information of the subcommittee is a copy of a notice of a proposed rule dealing with deliberate misconduct to be published in the Federal Reaister. The Nuclear Regulatory Commission (NRC) is proposing to ravise its regulations to extend the Deliberate Misconduct Rule to six categories of persons: (1) applicants for NRC licenses; (2) applicants for, or holders of, certificates of compliance issued under 10 CFR Parts 71 and 72;-
(3) applicants for, or holders of, early site permits, standard design certifications, or combined licenses for nuclear power plants issued under 10 l
CFR Part 52; (4) applicants for, or holders of, certificates of registration 4
issued under 10 CFR Parts 30 and 32;-(5) applicants for, or holders of, quality assurance program approvals issued under 10 CFR Part 71; and (6) the employees, contractors, subcontractors and consultants of the first five categories of persons, so that they may be subject to enforcement action.
The Deliberate Misconduct Rule was originally issued on August 15, 1991 (56 FR 40664).. Deliberate misconduct may involve providing information that is known to be incomplete or inaccurate in some respect material to the NRC, or it may involve deliberate conduct that causes or would have caused, if not detected, a licensee, certificate holder, or applicant to be in violation of j_
any of the Commission's requirements.
The NRC believes that because there may be significant safety consequences from the intentional submittal of materially incomplete or inaccurate information, or other deliberate 4
wrongdoing by such persons, the categories of persons cited above also should be subject to enforcement action under the Commission's rules regarding deliberate misconduct.
The Commission is issuing the proposed rule for public comment.
Sincerely, M j( /
(
Dennis K. Rathbun, Director Office of Congressional Affairs Qf (,G
Enclosure:
Federal Register Notice cc:
Senator Bob Graham 9611220225 961001 PDR PR 30 56FR40664 PDR
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j NUCl. EAR REGULATORY COMMISSION o
WASHINGTON, D.C. 20666 0001 49.....,o October 1.,
1996 The Honorable Dan Schaefer, Chairman Subcommittee on Energy and Power i
Committee on Commerce United States House of Representatives Washington, DC 20515
Dear Mr. Chairman:
Enclosed for the information of the subcommittee is a copy of a notice of a proposed rule dealing with deliberate misconduct to be published in the-Federal Reaister.
The Nuclear Regulatory Commission (NRC) is proposing to revise its regulations to extend the Deliberate Misconduct Rule to six categories of persons: (1) applicants for NRC licenses; (2) applicants for, or holders of, certificates of compliance issued under 10 CFR Parts 71 and 72; (3) applicants for, or holders of, early site permits, standard design certifications, or combined licenses for nuclear power plants issued under 10 CFR Part 52; (4) applicants for, or holders of, certificates of registration issued under 10 CFR Parts 30 and 32; (5) applicants for, or holders of, quality assurance program approvals issued under 10 CFR Part 71; and (6) the employees, contractors, subcontractors and consultants of the first five categories of persons, so that they may be subject to enforcement action.
The Deliberate Misconduct Rule was originally issued on August 15, 1991 (56 FR 40664). Deliberate misconduct may involve providing information that is known to be incomplete or inaccurate in some respect material to the NRC, or it may involve deliberate conduct that causes or would have caused, if. not detected, a licensee, certificate holder, or applicant to be in violation of any of the Commission's requirements. The NRC believes that because there may be significant safety consequences from the intentional submittal of materially incomplete or inaccurate information, or other deliberate wrongdoing by such persons, the categories of persons cited above also should be subject to enforcement action under the Commission's rules regarding deliberate misconduct.
The Commission is issuing the proposed rule for public comment.
Sincerely, hrw $
K Dennis K. Rathbun, Director Office of Congressional Affairs
Enclosure:
Federal Register Notice cc:
Representative Frank Pallone
i s.
DATES: The comment period expires.[ insert date 75 days from publication];
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.
1 ADDRESSES: Comments may be sent to:
Secretary, U.S. Nuclear Regulatory
~ Commission, Washington, DC 20555-0001. Attn: Docketing and Service Branch.
Hand. deliver comments to 11555 Rockville Pike, Maryland, between 7:45 am and 4il5 pm on Federal workdays.
FOR FURTHER INFORMATION CONTACT: Tony DiPalo, Office of Nuclear Regulatory Research, U.S. Nuclear Regulatory Commission,-Washington, DC 20555-0001, telephone (301) 415-6191, e-mail, ajd@nrc. gov.
j SUPPLEMENTARY INFORMATION:
===.
Background===
On August 15, 1991 (56 FR 40664), the Commission adopted changes to NRC regulations that established the Deliberate Misconduct Rule found at 10 CFR 30.10, 40.10, 50.5, 60.11, 61.9b, 70.10, 72.12, and 110.7b,_which applies to any licensee or any employee of a licensee; and any contractor (including a supplier or consultant), subcontractor, or any employee of a contractor or subcontractor, of a'ny licensee.
In addition, 10 CFR 150.2 makes the rule applicable to persons conducting activities under reciprocity in areas of NRC 3
jurisdiction, (see 10 CFR 150.20). The Deliberate Misconduct Rule placed 2
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