ML20215C265
| ML20215C265 | |
| Person / Time | |
|---|---|
| Issue date: | 09/24/1986 |
| From: | Asselstine J NRC COMMISSION (OCM) |
| To: | Bernthal, Roberts, Zech NRC COMMISSION (OCM) |
| References | |
| NUDOCS 8612150082 | |
| Download: ML20215C265 (5) | |
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NUCLEAR REGULATORY COMMIS$10N Rehm
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MEMORANDUM 70: Chainnan Zech Connissioner Roberts Connissioner Bernthal Commissioner Carr l a
FROM:
_ James K. Asselstine _ =-
SUBJECT:
SECY-86 MATER AL FALSE STATEMENTS This rulemaking started out as an exercise to codify our material false statement standard and to give a 'different label to merely negligent false statements.
established to look at our enforcement policy.Those were the m While I saw no real need to engage in rulemaking accomplish I was willing to work to develop something reasonable to those two goals.
However, that. this proposal and modifications by Connissioners have gone far This proposal, in effect, does away with the VEPCO full disclosure ranWamaat, and I cannot agree to such a proposal. I believe that it is important to retain a full disclosure requirement because we cannot possib enact specific rules to cover every circumstance where there might be licensees should provide us.infonnation material to our regulatory respon Further, it is not obvious to me why we would want to go through a nyriad of specific rulemakings when we could accomplish the same thing with a more general disclosure requirement.
This issue is of such importance that I believe that the Connission should hold a meeting to discuss these proposals before any direction is given to the staff.
Attached is my markup of the proposed staff requirements memo circulate SECY which sets out a proposal with which I could agree, and which is consistent with the professed goals of the Connission.
following specific comments: I also have the (1) several reasons.The SRM, as written, contains no full disclosure requirement for would be material to an agency expert.First, it leaves to the licensees the That makes no sense whatsoever, and it means that we will no longer be able to cite someone f ,
identified that infonnation as material and still failed to re Second, subsection two of the second sentence of paragraph "b" port it.
while allowing 8612150082 860924 PDR COMMS NRCC CORRESPONDENCE PDR l -. . _ - _ - ___. - _ - - - _ . _
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the Consnission! o make the materiality determination in som limits those circumstances to cases.where there was careles; d , t (2)
I see no basis for distinguishing tetween written and oral !
defined in paragraph "c."
Further. I do not believe that we should set th standart standardi for an oral " material false statement" at a level higher than th to do. or a criminal violation as some of the Cosnissioner. proposa (3)
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has not even gone out for comment as a propo clearly changes the standards we now apply. o Given the significance of these changes to the VEPCO full disclosure doctrine, we should not, this rule public tsunediately effective without first providing an opportu conenent.
the changes to the .I Sunshine need notregulations.
remind you of what happened when we did th cc: SECY OGC EDO '
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DRAFT 9/17/86 MEMORANDUM FOR: Victor Stallo, Jr.,. Executive Director for Operations-FROM:
Samuel J. Chilk, Secretary
SUBJECT:
SECY-86 MATERIAL FALSE STATEMEN This is to advise you that the Commission (with Commissioners
, and agreeing) has approved the-following elements for a revised Material Falso Statements Rule.
a.
Information provided to the Commission by an applicant for a license or by a licensee shall be complete and accurate in all material ~ respects.
l b..
l Each applicant or licensee shall notify the connaission of information 2'::ti';;" i, ^. ;._ 8 1;;11;;;t ;. ".1.. . . . . . ..Y having for the regulated g
activity a significant implication for public health and safety or common defense and security.
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-*^- -tie. YNotifications shall be provided to the Director, office of Inspection and T
Enforcement, or to the Administrator of the appropriate Regional office within two days of
' identifying the information. This requirement is not applicable to information which is already requiredtobeprovided$heCommissionbecauseof
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- other reporting or updating. requirements such as 10 CFR 20. 401 . 408, 21.21, 50.34, 50.71, 50.72, 50.73, and 73.71.
c.
An inaccurate or incomplete written or orcl er:: 7. ~,
statement by an applicant or licensee made knowing the statement was inaccurate or incomplete or made with careless disregard for whether the statement was accurate or complete r ^
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,j? ' :::;1ete is a material false statement if the incomplete or inaccurate statement had the capability to influence a reasonable agency
) expert.
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3 Commissioner (s) disapproved.
The above elements should be incorporated into'a Notice of Proposed Rulemaking and forwarded to the Commission for review.
(EDO) (SECY SUSPENSE: 6 weeks)
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The Come ssion n tes that' i intends to follow the/abov guide nos on suing not ces of viol tion on erial fal state nts during the interi period of blic ,
c ent o the propos d rule. A ordingly, e staff need ot fo rd propose NOV's to t e Commissi unless hay meet e above gu ance.
Copies: i Chairman Each Constissioner Roberts Commissioner Asselstine commissioner Bernthal l Commissioner Carr
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