ML20199L309

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Forwards Copy of Notice of Final Rule Dealing W/Deliberate Misconduct to Be Published in Fr.Nrc Is Amending Regulations to Expand Rule Where It Apears in 10CFR30,40,50,60,61,70,72 & 110 & Adds Rule to 10CFR32,52 & 71
ML20199L309
Person / Time
Issue date: 01/21/1998
From: Rathbun D
NRC OFFICE OF CONGRESSIONAL AFFAIRS (OCA)
To: Inhofe J, Schaefer D
HOUSE OF REP., SENATE, ENVIRONMENT & PUBLIC WORKS
Shared Package
ML20199L317 List:
References
CCS, NUDOCS 9802090174
Download: ML20199L309 (2)


Text

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UNITED STATES y NUCLEAR REGULATORY COMMISSION

, , , , , *# January 21, 1998 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 Realster. The Nuclear Regulatory Commicslon (NRC)is amending its reputations to expand the Deliberate Misconduct Rule where it appears in 10 CFR Parts 30, 40, 50, 60, 61, 70, 72, and 110 and adds the rule to Parts 32,52, and 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 for 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 end 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 provide notice to the above categorios of persons when conducting activities under reciprocity in areas of NRC jurisdiction.

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 sorne respect material to the NRC, or it r.ay 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 che intentional submittal of materially incomplete or inaccurLte 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 ti e Federal Realster.

Sincerely, hlt W 9002090174 900121 Dennis K. Rathbun, Director

$DR Office of Congressional Affairs 3)i  ;

Enclosure:

Federal Register Notice l l a:c: Senator Bob Graham cn J

p.0, t y* UNITED STATES g f}

NUCLEAR REGULATOAY COMMIS810N o WASHINGTON. D.c. sce4Hooi

'#v..,4 January 21, 1998 The Honorable Den Schaefer, Chairman Subcommittee on Energy and Power Committee on Commerce United States House t,f Repretientatives Washington, DC 20515 i

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 Endstal Henittet. The Nuclear Regulatory Commission (NRC)is amending its regulations to expand the Deliberate Misconduct Rule where it cppears in 10 CFR Parts 30, 40, 50, 60, 61, 70, 72, and 110 and adds the rule to Parts 32,52, and 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 for nuclear power plants; (4) applicants for, or holders of, certificates of registratio.,; (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 provide notice to the above categories of persons when conducting activities under reciprocity in areas o'. NRC jurisdiction.

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 i

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 prsons cited above also should be subject to enforcement action under the l Commission's rDs regarding deliberate misconduct. In addition, the NRC's Enforcement Policy is modified concarrently to reflect these changes to the regulations.

The Commission is issuing the final rule for publication in the Federal Reaister.

ttlp.u~

Dennis K. Rathbun, Director Office of Congressional Affairs

Enclosure:

Federal Register Notice

.cc: Representative Ralph Hall

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