ML20212G303
| ML20212G303 | |
| Person / Time | |
|---|---|
| Issue date: | 11/04/1997 |
| From: | Lieberman J NRC OFFICE OF ENFORCEMENT (OE) |
| To: | Beach A, Miller H, Reyes L NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I), NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II), NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III) |
| References | |
| CLI-80-07, CLI-80-7, EA-97-238, EGM-97-16R, NUDOCS 9711060127 | |
| Download: ML20212G303 (3) | |
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UNITED STATES p
s NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 30006 4 001 November 4, 1997 EGM 97-016R Reissued MEMORANDUM TO: Hubert J. Miller, Regional Administrator Region i Luis A. Reyes, Regional Administrator Region 11 A. Bill Beach, Regional Administrator Region lil E!!is W. Merschoff, Regional Administrator Region IV Roy Zimmarman, Associate Director for Projects, NRR Brian W. Sheron, Acting Associate Director for Technical Review, NRR Elizabeth Q. Ten Eyck, Director, Division of Fuel Cycle Safety and Safeguards, NMSS Donald A. Cool, Director, Division of ledustrial and Medical Nuclear Safety, NMSS John T. Greeves, Director, Division of Waste Management, NMSS FROM:
James Lieberman, Director Office of Enforcement
SUBJECT:
ENFORCEMENT GUIDANCE MEMORANDUM - CLARIFICATION OF GUIDELINES FOR V!OLATIONS INVOLVING DELIBERATE MISUSE OF LICENSED MATERIAL The basic enforcement philosophy of the Commission is that licensees are responsible for the Section 7.16[iQ g
acts of their employees. Atlantic Research Corp, (CLI-80 7,11 NRC 413 (1980)).
of the Enforcement Manual provides guidance for enforcement actions associated with the deliberate misuse oflicensed material. This guidance was approved by the Commission und states that licensees are accountable for the use of their licensed material by their employees I
and should normally receive at least a citation for violations involving deliberate misuse of that material by their employees or agents. However, the Commission departed from that guidance h
in National Institutes of Health (NIH) (EA 97-238) and concluded that enforcement action was
\\v not appropriate. In this case, the evidence developed indicated that NIH could not have y
reasonably anticipated or prevented the malicious use of licensed material by an NIH employee for the apparent purpose of injuring others.
However, the Commission specifically strrted that it was net prepared to support a clarification or modification to the previously approved guidelines. The Commission approved exercising discretion in the NIH case and stated:
Cases of deliberate misuse of licensed material should continue to be handled on a case by case basis and submitted to the Commission for review when the staff proposes to exercise discretion. (SRM dated August 13,1997).
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Multiple Addressees 2-Therefore, for future similar cases, the guidelines in the Enforcement Manual, Section 7.16, remain in effect. Should the staff conclude that enforcement action is not warranted, the Commission must be consulted.
cc:
A. Thadani, DEDE J. Goldberg, OGC F. Gillespie, NRR C. Paperiello, NMSS i
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DISTRIBUTION-JLieberman, OE O E Staff Enforcement Coordinators RI, Ril, Rlli, RIV EGM File Day File Public WEB 4
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