ML20198L929
| ML20198L929 | |
| Person / Time | |
|---|---|
| Issue date: | 09/09/1997 |
| From: | Satorius M NRC OFFICE OF ENFORCEMENT (OE) |
| To: | Knapp M NRC OFFICE OF NUCLEAR REGULATORY RESEARCH (RES) |
| Shared Package | |
| ML20198L674 | List: |
| References | |
| FRN-57FR1890, 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 AF35-2-012, AF35-2-12, NUDOCS 9801160149 | |
| Download: ML20198L929 (15) | |
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101Palo
- NUCLEAR REGULATORY COMMISSION File
-5 i WASHINGTON. D.C. 20666 000,:
- September 9, 1997 MEMORANDUM TO: Malcolm R. Knapp. Acting Director Office of Nu 1 ar _ ulatory Research FROMi Mark A. Sato s. Deputy Director Office of Enforcement
SUBJECT:
FINAL RULE: DELIBERATE MISCONDUCT BY UNLICENSED PERSONS.
COMMENTS c
OE has reviewed the subject rulemaking package. As a result of forUier cor. sideration of the proposed changes to the Erforcement Policy. I =f.sh i to make additional changes to the Policy. Enclosure 2 to the package. These changes are reflected in the attached marked copies of selected pages along with several minor changes needed in various parts of the package for greater accuracy.
I understand that OGC is not yet ready to give "no legal objection" in light of concerns about some of the comments and responses in the Federal Register Notice. The attached comments reflect my concerns in this area. I also share a number of the OGC concerns that need to be addressed.
I wish to review the. revised package prior to concurring.
Attachments: As stated cc: A. Thadani. DEDE 1rV - g11gi49990114
- 30. 57Fil1890 PDR
In the FRN for the rule, at top of1page 10. following "50.9. etc. insert:
However, the Commission recognizes that oral information may 1r .ome situations be less reliable. This is addressed in Section IX of the NRC's General Statement of Policy'and Procedure for Enforcement A tion (NUREG-1600) (Enforcement Policy).
Modify the next sentence to read:
The deliberate submission-of information which is incomplete or inaccurate in material respects, where.the submitter of the information ^
knows of the incompleteness or inaccuracy, may be considered deliberate misconduct.
In the last sentence of that paragraph. the reference to the Enforcement Policy may be shortened to " Enforcement Policy."
Also on page 10: delete the next comment and response.
On-page 13 at the bottom of the page, after the first sentence of the response
. delete the remainder of the response and substitute:
The rule is consistent with the requirement that information submitted to the Commission must be complete and accurate in all material respects. The standard is that either a violation occurred or would have occurred but for detection. Therefore. the staff disagrees that the standard does not provide accurate notice.
On page 16: In the Response, substitute the following for all after the first sentence:
The Rule language specifies that registrttion holders may not: (1) engage in deliberate misconduct that causes or would have caused. if not detected, a licensee, certificate of registration holder, or applicant to be in violation of any rule, regulation, or order; or any term.
E condition or limitation of any license issued by the Commission:...
The Rule applies to all information that is material to the NRC and that is required to be submitted or recorded. 10 CFR 71.101(b) requires establishment of a quality assurance program for components that are important to safety, 10 CFR 71.91 sets out recordkeeping requirements for the manufacture and use of transoortation packaging. Records must be maintained for the life of the package plus three years. Records of service performed under a service license on a device after it has been distributed are normally required under a license co.idition. In sum, such records are material and are covered by the rule.
2 On page 22: under Enforcement Policy modify the sentence to read:
Concurrently with the publication of the Deliberate Misconduct Final Rule, the Commission is )ublishing modifications to NUREG-1600. " General
. Statement of Policy and 3rocedure for NRC Enforcement Actions." to address enforcement against the categories of unlicensed persons listed under this Final Rule.
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The second-'of the two comments submitted by Comonwealth Edison was not addressed. In addressing that comment. we believe .it would be appropriate to say the following:
-The Comission. emphasizes, by restating, what was said in the Statement of Consideration for the Deliberate Misconduct Rule when it was adopted in 1991:
[ set out the paragraph marked on the attached copy] 56 FR 40664.
40681.
The Commission does not take lightly its responsibility in this area and carefully considers each action involving an individual.
- G:\c>rchos.9dc I
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Delibera*e Miwonduct Rule Appendix I r-Orders, including.ordersimiiosingcivilpen f
1 , are published in th ederal Register and NUREG-094fV(Enforcement Actio : gnificant Actions R ),and are usually the subje6t of a press rele n addition, the C on intends to-establish a system of-records tha 1 include 0 list a persons cur-rently subject,t'o an order that aff their participati (licensedactivi-ties. The NRC intends to send ist and' copies of A currently effective orders to .all power reactor li u.es twice a year.f is compilation will be made available to other lice e and members o h ublic on request.
The Commission believes t' these actions wi)J provide greater a s rance that lic6nsees will be aware ' persons who have e6n the subject of NRC enforce-nt order. These ac ons should provid tter accountabil for employees, consultants, contra rs, and vendors he nuclear indus and thus improve the quality of pe . mance, and there re, the protecti r)of the public health and safety. Us .' these orders sh d also serve as effective deterrent to
. wrongdoers a s Anadvertent empl ent of wrongdoer throughout the regulated industry. ption of these r ations will not a ter the NRC's procedures for referrin rtain alleged o suspected criminal violations of the Atomic Energy Act to the Department of stice for appropriate action.
it would be an erroneous reading of the final rule on deliberate misconduct to conclude that conscientious people may be subject to personal liability fe mistakes. The Commission realizes that people may make mistakes while acting in i
good faith. Enforcement actions directly against individuals are not to be used i
1 M-for activiti.es caused by merely negligent conduct. These persons should have no fear of individual liability under this regulation, as the rule requires that j there be deliberate misconduct before the rule's sanctions may be imposed. The .
Commission recognizes, as stated in Section E, " Enforcement Actions involving ;I Individuals," of the NRC Policy and Procedure for Enforcement Actions; Policy Statement,10 CFR part 2, appendix C (1989), that enforcement actions involving individuals are significant actions that need to be closely controlled and judiciously applied. The Policy also states that action will not be taken against an individual if the improper conduct was caused solely by management A failures. _
While it is not necefsary for the per ch to know that a violation would occur because of his or hpf action, it is essary that the person reco ' zed that the action was imprgp'er and it rel d to an activity associat with licensed activity, e.g. he person kne 4 component was being proc for eventual usyJ in a nuclear ower plant or ,o,r use in a radiographic era. Thus, it is 6f a defense at the person d not know the actual reqi ement being violate and therefo the person d'not know the action fe wr eng.
Th RC Enforcem ' Policy currently requ es that all enforcemep actions
.ijdolving unlice individuals, and li sed individuals pursua t to 10 CFR
/Part 55, be app ed by a Deputy Execut Director. Tb staff wil consult with
, the Commissiop fore issuing a civiVpenalty or order to an un censed indivi-L dual or issuin ' civil penalty to y 1,1 censed reactor operator pursuant to 10 CFR Me NUREG/BR-0195 1-41
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f.QBi:- The Commissioners FROM:' L Joseph Callan, Executive Director for Operations
SUBJECT:
FINAL RULE- DELlBERATE MISCONDUCT BY UNLICENSED PERSONS PURPOSE:- to cFR To obtain Commission approval for publication of final amendments tofarts 30,32,40,- --
- 50,52i 60,61,.70,71,72,110 and 150 dealing with deliberate misconduct of unlicensed .
- persons.-
BACKGROUND:
I -In SECY-96-017, dated January 26,1996, the NRC staff informed the Commission of its plans to extend the Deliberate Misconduct Rule to certificate holders, and to applicants for
- licenses or certificates of compliance. The Commission, in an SRM dated February 8, ?
1996, advised the Executive ~ Director for Operations (EDO) that it approved SECY 96-017
- and had no objections to the proposed changes to 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. ~ In developing this
' rulemaking, the staff extended the scope of the Deliberate Misconduct Ruis to also cover
- g applicants for, or holders of, early site permits, standard design certifications, or combined
> licenses for nuclear power plants issued under 10 CFR Part 52; applicants for, or holders
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of, certificates of registration issued under Parts 30 and 32; and applicants for, or holders '
- ofi quality assurance program approvals issued under Part 71 (including $
- em;!:y::: Of M contractors, subcontractors and consultantf._ in addition, the scope of 10 CFR
- 160.2 was changed to make the-ruk :;;"::b!: To persons conducting activities under reciprocity in areas of NRC jurisdiction.'
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w a-i _-lh 4.v<- e%eune-.s Haym-n The proposed rule was submitted to'the Commission for approval (SECY 06-184, dated -* d
- August 20,1996) and published /the Federal Reaister on October 4,1996. The -
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' CONTACT:'
Tony DiPalo, DAA/RES: NOTE: TO BE MADE PUBLICLY AVAILABLE y
P :(301) 415 6191- WHEN THE FINAL SRM IS MADE AVAILABLE a
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- EQB: The Commissioners FROM: L. Joseph Cellan, Executive Director for Operations
SUBJECT:
FINAL RULE - DELIBERATE MISCONDUCT BY UNLICENSED PERSONS PURPOSE:
to c F tt.
To obtain Commission approval for publication of final amendments tofarts 30,32,40, -
50,52,60,61,70,71,.72,110 and 150 dealing with deliberate misconduct of unlicensed persons.-
BACKGROUND:
In SECY 96 017, dated January 26,1996, the NRC staff informed the Commission of its plans to extend the Deliberate Misconduct Ru!e to certificate holders, and to applicants for licenses or certificates of compliance. The Commission, in an SRM dated February 8, 1996, advised the Executive Director for Operations (EDO) that it approved SECY.96-017 and had no objections to the proposed changes to the Delib , Misconduct Rule found at 10 CFR 30.10, 40.10, 50.5, 60.11, 61.9b, 70.10, 72.12, and 110.7b. In developing this rulemaking, the staff extended the scope of the Deliberate Misconduct Rule to also cover applicants for, or holders of, early site permits, standard design certifications, or combined licenses for nuclear power plants issued under 10 CFR Part 52 applicants for, or holoers of, certificates of registration issued under Parts 30 and 32; and applicants for, or holders of, quality assurance program approvals issued under Part 71 (including the 07? rice: Of
' J7N,ghe!r contractors, subcontractors and consultantg. In addition, the scope ofl0 CFR
. QO.2 was changed to makothe-rulsep licable to* persons conducting activities under re2iprocity in areas of NI(C,]urisdiction.
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- % y, , o t- f sk A.vs e Q erm A & y R W The proposed rule was submitted to'the Commission for approval (SECY 96-184, dated mL4 August 20,_1996) and published j iri tiie E,ederal Reaister on Octcber 4,1996 The g N a-. ,
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4 CONTACT r. .% e y. 3
' Tony DiPaiu DRA/RES _ NOTE: TO'BE NIADE T URLICLY AVAILABLE I
-(301) 415 6f0g
. WHEN THE FINAL SRM IS MADE- AVAILABLC.
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FOR FURTHER INFORMATION CONTACT: Tony DiPalo, Office of Nuclear _ Regulatory -
Research, U.S. l'uclear Regulatory Commission, Washington, DC 20555-0001, telephone (301) 415 6191, e-mail, ejd@nrc. gov.
SUPPLEMENTARY INFORMATION:
Background
e 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 any licensee.-In ; '
94 8 e c.
addition,10 CFR 150.2, Scope,pesut makes theAe.t.
re!: epp!!c././ to persons conducting activities -
ng_ q a>.a. @$' -b -t k AA e under reciprocity in areas of NRC jurisdictionfsee 10 CFR 150.20, Recognition of -
Agreement State licenses). The Deliberate Misconduct Rule placed licensed and unlicensed persons on notice that they may be subject to enforcement action for deliberate misconduct that causes or would have caused, if not detected, a licensee to be in violation of any of the Commission's requirements, or for deliberately providing to the NRC, a licensee, or contractor, information that is incomplete or inaccurate in some respect material to the NRC. The rule also revised the NRC's procedures for issuing orders to include persons not licensed by the Commission, but who are otherwise subject to the Commission's statutory authority.
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(10 CFR 30.9, 40.9, 50.9, etc.). Accordingly, the willful submissien of any information, preliminary or otherwise, is considered deliberate misconduct and subject to enforcement action it it is known to be incomotete or inaccurate. The submission of a report would not be considered deliberate misconduct if it is made in good faith and based on the best information available, but is corrected later based on additional information or analysis.
The NRC's General Statement of Policy and Procedures for Enforcement Actions (NUREG-1600) points out that a citation is not madv if an initial submittal was accurate when made but later turns out to be erroneous because of newly discovered information or advances 1
in technology.
Comment: One commenter, a private citizen, favored the rule and suggested the NRC finalize the rule as soon as possible. This commentor also had concern that the NRC C
was aware of the problem in 1993 and the final rule F ' st been made final in 1996.
Reroon u: When the concern with the scope t i. Deliberate Misconduct Ra!e pas c -
- :-:-:=:d in 1993, the NRC conducted a review of its existing regulatory framework to determitee if the regulations needed amendments. The review was completed in June 1995 and it was envisioned that this process would encompass only a few minor revisions to the regulations, Upon further assessment of the scope of this rule, it became apparent that a more thorough review was necessary to determine the various categories of persons to be included. This was a lengthy and detailed process and eventually expanded the proposed amendments to include six new categories of persons in eight separate parts of Cks&v T -
10 CFR[Thus, the proposed amendments to the Deliberate Misconduct Rule were issued s for public comment in October 1996. Since rulemaking is a process for which public participation is encouraged, additional time was needed for addressing public comments 10 A
and conducting an Agency-wide management review of the final rule. Also, a further legal review was required in response to a public comment to determine that the NRC had authority to include certain categories of persons in this rulemaking. Considering the above activities he time for this process does not appe,ar to be excessive.
g g/n q qsyanrm Comment: One commenter, the Nuclear Energy Institute (NEI), believes that the NRC is exceeding its statutory authority under the Atomic E~dgy Act cf 1954 (the AEA) in promulgating these amendments to the Deliberate Misconduct Rule because, in the view of NEl, authority over non-licensee persons was not provided by Congress other than in limited circumstances carved out in the AEA as exceptions, in particular, Section 161i(3) of the AEA does not provide jurisdictivi over non-licensee persons because it does not contain the operative phrase "any person" and therefore, NEl implies, is confined to licensees. NEl recognizes that deliberately-provided misinformation or other deliberate misconduct could have a very serious effect on public he$lth and safety and thus needs to be deterred. However, in the i sw of NEl,18 U.S.C. I 1001, the general criminal statute appliceble to the Federal Government and its agencies, provides an adequate deterrent to the wrongdoers NRC seeks to capture in this rulemaking.
Bpsoonse: The Commission considered, but rejected, the objection that it did not have jurisdiction over non-licensees at the time it issued the original Deliberate Misconduct up '
Rule, See 56 FR 40064,40666 71)(1991). As the Commission said then: -
in enacting Section 161 of the 1954 Act, Congress conferred uniquely broad and flexible authority on the Com:aission. Specifica!!y, Congress authorized the Commission in Section 161 to ' prescribe such * *
- regulations * *
- as it may 11 0- ^ .
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I design c:rtificati:n, cr combined lic nsa, or to a contrcctor, subetntrcctor, or censultant of any of them, components, equipment, materials, or other goods or services, that relate to the activities of a holder of or applicant for an early site permit, standard design certificaticrb or combined license, subject to this part, that they may be individually T
subject to NRC enforcement action for violation of 5 52g _
- 14. Section 52.9 is added following i 52.8 and reads as follows:
152.9 Deliberate Misconduct.
(a) Any 'nolder of, or applicant for, an early site permit, standcrd design certification, or combined license, including its employees, contractors, subcontractors, or consultants and their employees, who kno'ningly provides to any holder of, or applicant for, an early site permit, standard design certification, or combined license, or to a contractor, subcontractor or consultant of any of them, equipment, materials, or other goods or services that relate to the activities of a holder of, or applicant for, an early site p Jrmit, standard design certification or combined license in this part, may not:
(1) Engage in deliberate misconduct that causes or would have caused, if not detected, a holder of, or applicant for, an early site permit, standard design certification, or combined license, to be in violation of any rule, regulation, or order; or any term, condition, or limitation of any permit, certification or licenso issued by the Commission; or (2) Deliberately submit to the NRC, a holder of, or applicant for, an early site permit, standard design certification, or combined license, or a contractor, subcontractor, or consultant of any o' f them information that the person submitting the information knows 4
to be incomplete or inaccurate in some respect material to the NRC.
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~[7590-01 P)-
NUCLEAR REGULATORY COMMISSION
[NUREG - 1600) i Policy and Procedure for Enforcement-Actions: Deliberate Misccaduct Rule
{
AGENCYi Nuclear Regulatory Commission.
- L ACTION: Policy statement: Amendment .
1
SUMMARY
- The Nuclear Regulatory Commission (NRC)-is amending its " General
^
Statement of Policy and Procedure for NRC Enforcement Actions" to conform to modifications to the Deliberate Misconduct Rule. These modifications extend e that Rule.to applicants for NRC licenses, applicants for, and holders of.
', .4 e#P" '
- certificates, early site permitsgtagdargdesigrtifgtg , Qcabigd gg c:,w, licenses- issued under Part 52.gand the employees. contractors subcontractors. 7N w ~a-and_ consultants of those persons. By a separate action published in this ev pM; L Lissue-of the Federal Register, the Commission has issued a final rule amending ,
3D, in J10 CFR Parts'30.g40. 50. 52.-60.-51. 70, 71.'72, 110. and 150.
s EFFECTIVE:DATE: This action is effective on [30 days after publication-in the Federal Register). ,
LFOR FURTHER INFORMATION CONTACT: James Lieberman,. Director. Office of-j Enforcement. U.S.: Nuclear Regulatory Commission. Washington. -DC 20555-0001.
,# T301{415-2741.
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iders of, certificatesfe/ cms" f arly site permits, standard yp%4 & ci pesign L.,"certifications, QL%
eQ J or combined licenses issued under Part 52.gand the employees. contractors, rff a-mAh subcontractors, and consultants of those persons. The Commission believes J #
that it is equally important for these categories of persons to be subject #to# N enforcement action for deliberate wrongdoing, such as the submission of wJt inaccurate or incomplete information. -
The Commission is making this change to the General Statement of Policy and Procedure for NRC Enfarcement Actions to make it coro1 stent with the regulations. The changes include: (1) expansion of footnote 3 in Section I.
A _
which discusses the scope of the Policy: (2)deletionofreference/tovendors y
edscritracters in Section VI.C.S. to avoid possible confusion as a result of /
a partial listing of those to whom the Rule and Policy ' apply: and See is aw Tf. C . S a A t-(3)restatingtheopeningsentencein{SectionX: Enforcement Actions Against Non licensees to set out the full scope of the Rule and its application through the Enforcement Policy.
The Commission has held that the term " contractor" includes a vendor or supplier that manufactures and offers for sale materials intended for use by NRC licensees and certified to meet the requirements of 10 CFR Part 50.
Appendix B. In the Matter of: Five Star Products. Inc. and Construction Products Research. Inc., 38 NRC 169. CLI-93-23 (October 21. 1993). In light of that holding, the remaining references to vendors throughout the Enforcement Policy are also being modified to refer to contractors as the inclusive term. These changes are being made in Sections V. VI.B.I. VI.C.
VI.D. VIII, X. Table 1A. and Supplements I.C. and VII.C.
3
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1 Paperwork _ Reduction Act This policy statement does not contain a new or amended information collection requirement subject to the Paperwork Reduction Act of 1995 (44
-U.S.C. 3501 et seq.). Existing requirements were approved by the Office of Management and Budget, approval number 3156-0136. The approved information collection requirements contained in this policy statement appear in Section
.VII.C.
Public Protection Notification The NRC may not conduct or sponsor, and a person is not required to respond to, a collection of infvrmation unless it displays a currently valid OMB control number.
Small Business Regulatory Enforcement Fairness Act In accordance with the Small Business Regulatory Enforcement Fairness Act of 1996, the NRC has determined that this action is not "a major" rule and has verified this determination with the Office of Information and Regulatory Affairs Office of Management and Budget.
Accordingly, Sections I V, VI B., C., and , VIII. X, and Supplements I and VII of the NRC Enforcement Policy are amended to read as follows:
L 4
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(.*
i non-licensees, including contractors and subcontractors, holders of NRC '
approvals, e.g., certificates of compliance, early site permits, standard design certificates, or applicants for any of them, and to employees of any of
. the foregoing,
- 5. Orders to icen:ed perscr:s. and employec cf any of them, are used when the NRC has identified deliberate misconduct that may cause a licensee to be in violation of an NRC requirement or where incomplete or inaccurate information is deliberately submitted or where the NRC loses its reasonable assurance that the licensee will meet NRC requirements with that person involved in licensed activities.
D. Related Administrative Actions In addition to the formal enforcement actions. Notices of Violation, civil penalties, and orders, the NRC also uses administrative actions, such as Notices of Deviation. Notices of Nonconformance. Confirmatory Action Letters.
Lecters of Reprimand, and Demands for Information to supplement its enforcement program. The NRC expects licensees and contractors to adhere to any obligations and commitments resulting from these actions ar.d will not hesitate to issue appropriate orders to ensure that these obligations and commitments are met.
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submission of incomplete or inaccurate information are provided in the rule on deliberate misconduct, e.g., 10 CFR 30.10 and 50.5. .
Contractors who supply products or servic'es provided for use in nuclear -
activities are subject to certain requirements designed to ensure that the products or services supplied that could affect safety are of high quality.
Through procurement contracts with ,e xter licensees, suppliers may be required to have quality assurance programs that meet applicable requirements a e.t. 10 CFR Part 50. Appendix fa and 10 CFR Part 71. Subpart H.
ircludIm car 1<.w Contractors supplying products or services to rc:ct;r. sterich. ;rd 10 CFL P;rt 71 licensees are subject to the requirements of 10 CFR Part 21 regarding reporting of defects in basic components.
When inspections determine that violations of NRC requirements have occurred, or that contractors have failed to fulfill contractual commitments (e.g.,10 CFR Part 50. Appendix B) that could adversely affect the quality of 4- a safety significant product or service, enforcement action will be taken.
Notices of Violation and civil penalties will be used, as appropriate, for licensee failures to ensure that their contractors have programs that meet applicable requirements. Notices of Violation will be issued for contractors who violate 10 CFR Part 21. Civil penalties will be imposed against-
- individual directors or responsible officers of a contractor organization who knowingly and consciously fail to provide the notice required by 10 CFR 21.21(b)(1). Notices of Nonconformance will be used for contractors who fail to meet comitments related to NRC activities.
13
- , UNITED STATES j NUCLEAR REZULATCRY C2MMISSION C'AsHINGToN. D.C. 30086-4001
- .,* /
=
The Honorable James M. Inhofe, 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 final rule dealing with deliberate misconduct to be published in the Federal Reoister. The Nuclear
. Regulatory Commission (NRC) is amending its regulations to expand the Deliberate -
Misconduct Rule where it appears in 10 CFR Parts 30,40,50,60 e i,70,72, and 110 and adds the rule to Parts 32,52, r.nd 71. These modifications extend the rule to:
(1) applicants for NRC licenses; (2) applicants for, or holders of, certificates of compliance; (3) applicants for, or holders of, early site permits, standard design certifications. or combined licenses f or nuclear power plants; (4) applicants for, or holders of, certificates of registration; (5) applicants for, or holders of, quality assurance program approvals; and (6) the employees, contractors, subcontractors and consultants of the first five categories of persons, so that they may be subject to enforcement action, in addition, the scope of 10 CFR 150.2 was changed to z'r n: i under reciprocity in areas of NRC jurisdiction.(J.d!: %k oli2%A to persons conouct pn A me c c.,
The Deliberate Misconduct Rule was originally issued in 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. In addition, the NRC's Enforcement Policy is modified concurrently to reflect these changes to the regulations.
The Commission is issuing the final rule for publication in the Federal Reaister.
Sincerely,
' Dennis K. Rathbun, Director m
Office of Congressional Affairs
Enclosure:
Federal Register _ Notice cc: Senator Bob Graham j MD
,