ML20215H547
| ML20215H547 | |
| Person / Time | |
|---|---|
| Issue date: | 06/18/1987 |
| From: | Zech L NRC COMMISSION (OCM) |
| To: | Weld W JUSTICE, DEPT. OF |
| Shared Package | |
| ML20215H550 | List: |
| References | |
| NUDOCS 8706240142 | |
| Download: ML20215H547 (2) | |
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vg'o UNITED STATES
~g NUCLEAR REGULATORY COMMISSION gn g
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- g WASHINGTON, D. C. 20555
%.... j' CHAIRMAN June 18, 1987 William F. Weld, Esq.
Assistant Attorney General Criminal Division Department of Justice Washington, D.C. 20530
Dear Mr. Weld:
l I am writing to request that the Department of Justice promulgate regulations which would make it a federal crime to assault or kill any NRC employee while the employee is engaged in or on account of
~he performance of his or her official duties.
In 1985 the Commission submitted a legislative proposal to Congress asking it to amend 18 U.S.C.
9 1114 to make it a federal crime to kill or forcibly assault, resist, oopose, impede, intimidate or interfere with any NRC employee while that individual is engaged in or on account of the performance of his or h'er official duties.
Congress took no action on the NRC propesal.
In late 1986 the NRC learned that Congress had enacted legislation which authorized the Attorney General by regulation to designate additional federal personnel who would be covered by the provisions of 18 U.S.C.
91114.
Our Office of the General Counsel contacted your Division to ascertain how NRC employees could be designated.
They were informed that the Department of Justice had issued proposed regulations on June 23, 1986, that the comment period had closed and that it was too late to provide suggestions.
They were advised that the final regulations would designate NRC inspectors and investigators.
Those regulations were issued on February 17, 1987.
The' Commission has reviewed those regulations and appreciates the inclusion of those NRC employees " assigned to perform or to assist in performing investigative, inspection, or law enforcement functions."
28 C.F.R. 9 64.2(m).
These regulations appear to cover our inspectors, investigators, and employees performing civil enforcement functions all of the time, as well 'as any management or staff employee while they are on a licensee site visit (including time spent traveling to and from the site). The regulations also appear to include staff performing emergency i
response functions.
However, these regulations would not appear to include management and staff who are involved in the review of license applications and amendments or in the preparation of RE g
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b.
- , administration of examinations to candidates for power plant control room operator licenses.
The regulations would also not appear to include NRC staff attendees at meetings with licensees that were not inspections or investigations, or NRC attendees at public meetings.
We believe that all NRC employees should be designated.
The NRC in its regulation of commercial nuclear power has an important role in protecting the public health and safety and the common defense and security.
Serious consequences to the public health and safety could result if regulatory decisions made by NRC employees are affected by the fear of threats of bodily harm.
Under the circumstances, we believe it is reasonable to make it a
. federal crime to assault or kill any NRC employee.
At a minimum q
We belie've'it is essential that the Department of Justice's 1
regulations be revised to include those NRC employees who are
, engaged in activities related to the review of license applications and license amendments.
Such words would include in coverage the Commissioners, members of the Atomic Safety and Licensing Board Panel (" Licensing Board"), the Atomic Safety and Licensing Appeal Panel (" Appeal Board"), as well as other employees.
The Commissioners, and Licensing and Appeal Board members preside over the agency's hotly contested licensing proceedings.
Over the years several of our Licensing Board members or members of their immediate families have received death threats.
Because it is so important that those engaged in reviewing and adjudicating license applications and amendments make objective decisions in an atmosphere free of harassment and fear of bodily harm, we believe they should be included within the scope of your regulations.
The Commission appreciates your consideration of these recommendations.
We would also appreciate any thoughts you may have on our interpretation of the scope of the existing 28 U.S.C.
664.2(m).
Commissioner Asselstine does not agree there is justification for expanding the Department of Justice regulations.
Sincerely, W.
A-Lando W. Z ih, J i