ML20198M084

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Transmits Commission Paper Re Deliberate Misconduct by Unlicensed Persons
ML20198M084
Person / Time
Issue date: 08/13/1996
From: Morrison D
NRC OFFICE OF NUCLEAR REGULATORY RESEARCH (RES)
To: Taylor J
NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
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 AF35-2-033, AF35-2-33, NUDOCS 9801160186
Download: ML20198M084 (2)


Text

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HEMORANDUM 10:

James M. Taylor (( }f1 Ex:cutive Director for Operations

%L David L. Morrison, Director /s/ David L. Morrison FROM:

Office of Nuclear Regulatory Research

SUBJECT:

PROPOSED RULE: DEllBERATE MISCONDUCT BY UNLICENSED PERSONS (WITS-960007)

Attached for your signature is a Comission paper transmitting a proposed rule that amends 10 CFR Parts 30, 32, 40, 50, 52, 60, 61, 70, 71,In72, 110 the 1991, and 150 dealing with Deliberate Misconduct by unlicensed person >.Comission ad This rule placed Misconduct rule, which took effect September 16, 1991.

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 Comission'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 aroposed rule revises the regulations to extend the scope applicants of the for Deli >erate Misconduct rule to six new categories of persons:

NRC licenses; applicants for, or holders of, certificates of compliance issued under 10 CfR Parts 71 and 72; applicants for, or holders of, early site permits, standard design certifica' ans, or combined licenses for nuclear power plants issued under Part 52; applicants for, or holders of, certificates of registration issued under Parts 30 and 32; applicants for, or holders of, quality assurance program approvals issued under Part 71; and the employees, contractors, subcontractors and consultants of the first five categories of persons, so that they may be subject to enforcement action for deliberateIn addition, violation of any of the Comission's requirements.

Enforcement will revise its enforcement policy to address enforcement action against these categories of unlicensed persons at the time of publication of the final rule.

(sordination:

The Offices of Administration, Nuclear Reactor Regulation, Nuclear Material Safety and Safeguards, State Programs, Information Resources Management, Enforcement and Inspector General concur in these amendments. The Office of the General Counsel has no legal objection. Resource; required to implement this rulemaking are included in the current NRC five-Year Plan, and no additional resources would be required for its implementation.

Attachment:

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MEMORANDUM T0: James M. Taylor Executive Director for Operations FROM: David L. Morrison, Director Office of Nuclear Regulatory Research

SUBJECT:

PROPOSED RULE: DELIBERATE MISCONDUCT BY UNLICENSED PERSONS (WITS-960007)

Attached for your signature is a Commission paper transmitting a proposed rule that amends 10 CFR Parts 30, 32, 40, 50, 52, 60, 61, 70, 71, 72, 110 and 150 dcaling with Deliberate Misconduct by unlicensed persons. In 1991, the Commission adopted changes to hRC regulations that established the Deliberate Misconduct rule, which took effect September 16, 1991. This 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 license'e to be in violation of any of the Commission's requirements, or for delibd ately providing to the NRC, a licensee, or contractor, information tha is incomplete or inaccurate in some respect material to the NRC.

The proposed rule revises its r'egulations to extend the scope of the Deliberate Misconduct rule to sik new categories of persons: applicants for NRC licenses; applicants for, or holders of, certificates of compliance issued under 10 CFR Parts 71 and 72; applicants for, or holders of, early site permits, standard design certifications, or combined licenses for nuclear power plants issued under Part 52; applicants for, or holders of, certificates of registration issued under Parts 30'and 32; applicants for, or ho lders of, quality assurance program approvals issued under Part 71; and the employees, contractors, subcontractors and consultants of the first five categories of persons, so that they may be subject to enforcement action for deliberate violation of any of the Commission's requirements. In addition, the Office of Enforcement will revise its enforcement policy to address enforcement action against these categories of unlicensed persons at the time of publication of the final rule.

Coordination:

The Offices of Administration, Nuclear Reactor Rbgulation, Nuclear Material Safety and Safeguards, State Programs, Information, Resources Management, Enforcement and Inspector General concur in these Amendments. The Office of the General Counsel has no legal objection. Remurces required to implement thisrulemakingareincludedinthecurrentNRCFive%YearPlan,andno additional resources would be required for its implemaptation.

Attachment:

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