ML20217H011
| ML20217H011 | |
| Person / Time | |
|---|---|
| Issue date: | 09/25/1997 |
| 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 | |
| EGM-97-016, EGM-97-16, NUDOCS 9710140318 | |
| Download: ML20217H011 (3) | |
Text
y UNITED STATES 5
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NUCLEAR REGULATORY COMMISSION
- 2 WASHINGTON D.C. 306M 4001 g.....,/
September 25. 1997 EGM 97 016 MEMORANDUM T0:
Hubert J. Miller, Regional Administrator Region 1 Luis A. Reyes, Regional Administrator Region 11 A. Bill Beach, Regional Administrator i
Region III Ellis W. Herschoff Regional Administrator Region IV Roy Zimmerman Associate Director for Projects. NRR Brian W. Sheron. Acting Associate Director for Technical Review NRR Elizabeth 0. Ten Eyck. Director. Division of Fuel Cycle Safety and Safeguards. NMSS Donald A. Cool Director. Division of Industrial and Medical Nuclear Safety NMSS John T. Greeves. Director. Division of Waste i
Management. NHSS TROM:
James Lieberman. Director Office of Enforcement d
SUBJECT:
ENFORCEMENT GUIDANCE MEMORANDUM - CLARIFICATION OF GUIDELINES FOR VIOLATIONS INVOLVING DEllBERATE MISUSE OF LICENSED MATERIAL (SYNCOR GUIDELINES)
The basic enforcement philosoahy of the Commission is that licensees are responsible for the acts of t1eir employees. Atlantic Research Corp.
Section 7.16 of the Enforcement Manuai L
provides guidance for enforcement actions associated with the deliberate
{/U misuse of licensed material. These guidelines are known as the "Syncor Guidelines." However, the Commission departed from that guidance in National Institutes of Health (NIH) (EA 97-238) and concluded that enforcement action was not ap3ropriate.
In this case, the evidence developed indicated that NIH
/
could not lave reasonably anticipated or prevented the malicious use of licensed material by an NIH employee for the apparent purpose of injuring
/j 8 others.
However, the Commission specifically stated that it was not prepared to support a clarification or modification to the Syncor Guidelines. The Comission 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 f q g3, 9 August 13. 1997).
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2 Therefore, for future similar cases, the Syncor Guidelines remain in effect.
Should the staff conclude that enforcement action is not warranted, the Commission must be consulted.
cc:
A. Thadani. DEDE J. Goldberg. 0GC F. Gillespie. NRR C. Paperiello. NMSS
s.-
DISTRIBUTION:
JLle>erman, OE DE Staff Enforcement Coordinators RI. Ril. Rill. RIV EGM file Day File Public (2 weeks after issuance)
WEB (2 weeks after issuance)
D:0Ed O(N
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NO NO 94)/97 9/24 /97 Doc Name: G:\\SYNCOREG.GDC