ML20247G097
| ML20247G097 | |
| Person / Time | |
|---|---|
| Issue date: | 07/12/1989 |
| From: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| To: | |
| References | |
| FRN-54FR30049, RULE-PR-150, RULE-PR-30, RULE-PR-40, RULE-PR-50, RULE-PR-60, RULE-PR-70, RULE-PR-72 PR-890712, NUDOCS 8907270320 | |
| Download: ML20247G097 (27) | |
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DOCKET NUMBER EROP.0 SED RULE ER 3040 5030, ' 0 3 '60 7
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[7590_o13
( gv FR 3 0 09'D NUCLEAR REGULATORY COMMISSION 9
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10 CFR Parts 30, 40, 50, 60, 70, 72 and 150
'JUL 13 negn 2 gcn~nnae RIN: 3150-AD21 EEN[c"C" j
e Preserving the Free Flow of Information to the Comission AGENCY:
Nuclear Regulatory Commission.
ACTION:
Proposed Rule.
SUMMARY
- The Nuclear Regulatory Comission is proposing 4 revision to its rules governing the conduct of all Comission licensees and license applicants. The proposed rule would require l'icensees and license applicants to ensure that neither they, nor their contractors or subcontractors, impose conditions in settlement agreements under Section 210 of the Energy Reorganization Act, or in other agreements affecting employment, that would prohibit, restrict, or otherwise discourage an employee from providing the Comission with information on potential safety violations. This proposed rule is necessary to prohibit the use of provisions which would inhibit the free flow of safety infonnation to the Commission in agreements related to y'
empioyment, i
[d/Jtdek m 72 320 090712 fejg,.,l fen hier 30 54FR3OO49 PDR g
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DATES:
The comment period expires September 18, 1989.
Comments received after this date will be considered if it is practical to do so, but assurance of consideration is given only for comments filed on or before that date.
ADDRESSES:
Mail written comments to: Secretary, U.S. Nuclear Regulatory Commission, Washington, D.C., 20555 Attention: Docketing and Service Branch.
Deliver comments to One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852, between 7:30 a.m. and 4:15 p.m. weekdays. Copies of comments i
received may be examined at the NRC Public Cocument Room, 2120 L Street NW, Lower Level, Washington, DC.
FOR FURTHER INFORMATION CONTACT: Stuart A. Treby, Office of the General Counsel, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555, telephone: (301)492-1636.
SUPPLEMENTARY INFORMATION:
4 Section 210 of the Energy Reorganization Act of 1974, as amended, was addea as a new section to that Act in 1978 (Public Law 95-601). Section 210 offers protection to employees of a Conmission licensee, cr of a contractor or a subcontractor of a Commission licensee or applicant. The protection afforded is to these who believe they have been fired or discriminated against as a result of the fact that, among other things, they have testified or given i
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. evidence on potential safety violations, or brought suit under Section 210 of the Energy Reorganization Act. Employees who have been discriminated against for raising safety issues have the right to file complaints with the 4
Department of Labor for the purpose of obtaining a remedy for the personal harm caused by the discrimination ~
Following the filing of a complaint, the Department of Labor performs an investigation.
If either the employee or the employer is not satisfied with the outcome of the investigation, a hearing can i
l be held before an Administrative Law Judge, with review by the Secretary of Labor. The Secretary of 1. abor can issue an order for the employee to be j
1 rehired, or otherwise compensated if the employee's case is justified,
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In many cases, the employee and the employar reach settlement of the issues raised in the Department of Labor proceeding before completion of the formal process and a finding by the Secretary of Labor.
In general the Commissicit supports settlements as they provide remedies to employees without the need for litigation.
However, a recent case has brought to the Commission's attention the potential for settlement agreements negotiated under Section 210 to impose restrictions upon the freedom of employees or former employees protected by.Section 210 to testify or participate in NRC licensing and re:htory proceedings, as amended, or to otherwise provide information on potential safety violations to the Commission or the NRC staff. See Texas Utilities Electric Co., Comanche Peak Steam Electric Station (Units 1 end 2), CLI-88-12, 28 NRC 605 (1988); Texas Utilities Electric Co., Comanche
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i Peak Steam Electric Station (Units 1 and 2), CLI-89-06, _,,_ NRC (1989)).
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The Commission believes that a Section 210 settlement agre ement, or any other r
agreement affecting employment, which restricts the freedom of an employee or a former employee who is subject to its provisions, to freely and fully
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communicate with the Nuclear Regulatory Comission about nuclear safety 1
matters is incompatible with the objectives of that section. These provisions j
would have a chilling effect on communications about nuclear safety matters, and would restrict, impede, or frustrate full and car.did disclosure to the Nuclear Regulatory Commission about nuclear safety matters. Any such
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agreement under which a person contracts to withhold safety-sign 1#icant information or testimony from the !!uclear Regulatnry Comission could itself j
be a threat to safety and therefore jeopardize the execution of the Agency's overall statutory duties, Accordingly, the Commission is proposing to amend its regulations to require licensees and license applicants to ensure that neither they, nor their contractors or subcontractors, impose conditions in settlement agreements ender Section 210 of the Energy Reorganization Act, or in other agreements affecting employment, that would prohibit, restrict, or otherwise discourage an employee from providing the Commission with information on potential safety violations. The proposed rule would also require licensees and license applicants to establish procedures to ensure that their contractors and subcontractors are informed of the prohibition, that they are notified of any ecmplaints of discrimination by an employee of a contractor or subcontractor for providing such information related to work performed for the licensee or licer<se applicant, and to require review by the licensee or license applicant
k of any settlement agreements related to any employee complaints of such discrimination by a contractor or subcontractor related to work performed for the licensee or license applicant.
The proposed rule would only apply to agreements that relate to the compensation, ' terms, conditions, and privileges of employment, including Section 210 settlement agreements, and not to agreements in general. The proposea rule applies to all provisions which might discourage an employee from providing safety information to the Comission, to Ccmmission adjudicatory boards, or to the HRC staff.
In addition to comments in general on the proposed rule, the Commission would specifically request comments on the following issues--
h Should the rule prohibit all restrictions on providing information to the Comission, or should limitations on an individual appearing before a Commission adjudicatory board (e.g., requiring an individual to resist a subpoena) be perir.issible as long as other avenues for providing information to the Comission are available?
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Should the rule impose an additional requirement that licensees and l
license applicants must ensure that all agreements,affecting employment, including those of their contractors or subcontractors, contain a I
provision stating that the agreement in no way restricts the employee from providing safety information to the Commission?
Finally, the Commission would emphasize that it will not hesitate to take immediate action against a licensee who does not comply with these regulations
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when effective, notwithstanding the pendency of a Section 210 matter before i
the Department of Labor, t
SEPARATE VIEWS OF_ COMMISSIONER ROBERTS l
I continue to question the need to impose such broad restrictions on i
employers' options in negotiating settlement egreements with their employees.
Agreements which do not foreclose a whistlebicwer's freedom to bring safety information to the Commission are legally permissible in my view. Therefore, 4
I soe no public health and safety justification for a rule that would prohibit the bargaining away of any avenues of access to the NRC. Such a rule will l
tend to promote unnecessary litigation before both NRC and DOL. Moreover, I believe the proposed rule constitutes government interference in the contractual relations between licensees and their contractors that is not 1
neeoed to assure adequate protection of public health and safety or of I
whistleblowers' freedom to bring their safety concerns to the NRC.
Should a majority approve issuance of the proposed rule I reo. Jet t that my views be included for comment also.
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Environmental Impact: Categorical Exclusion U
The NRC has determined that this proposed rule falls within the scope of the actions described.in categorical exclusion 10 CFR 51.22(c)(1). Therefore, neither an environrrental impact statement nor an environmental' assessment has i
been prepared for this proposed rule.
Paperwork Reduction Act Statement
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I inis proposed rule amends information collection requirements that are i
a subject to the requirements of the Paperwork Reduction Act of 1980.(44 U.S.C.
3501 et seq.). This rule has been submitted to the Office of Management and i
1 Budget for review and approval of the paperwork requirements.
Regulatory Analysis i
The proposed rule requires Comission licensees or license applicants to ensure that they, or their contractors or subcontractors, do not enter into agreements affecting employment that restrict employees from providing information to the Concusuien on potential safety violations, and to develop procedures to implement this requirement. The objectives of the proposed rule are to ensure that such agreements do not restrict the free flow of safety information to the Comission and that the intent of Section 210 of the Energy Reorganization Act is not frustrated. The Commission believes that the clearest and most effective method of achieving these objectives, and avoiding potential uncertainty and conflict regarding the interpretation of specific
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provisions, is to prohibit provisions in these agreements that in any way restrict the flow of information tc the Comission, the Comission's adjudicatory boards, or the NRC staff. The alternative of imposing an additional requirement on licensees and license applicants to require any l
agreement affecting employment to include a provision stating that the agreement in no way restricts the employee from providing information to the Comission was rejected as unnecessary to achieve the objectives of the rule.
1he rule, as proposed, will not impose any substantial costs on licensees or license applicants.
Regulatory Flexibility Certification In accordance with the Regulatory Flexibility Act of 1980, 5 U.S.C. 605(b),
the Ccmission certifies thc.t this rule will not, if promulgated, have e significant economic impact on a substantial number of small entities.
Although the proposed rule would apply to a wide range of Commission licensees of varying size, the proposed rule requires Comission licensees or license applicants to ensure that, they or their contractors, do not enter into agreements with employees that restrict employees from providing information to the Comission on potential safety violations and to prepare procedures to implement this requirement. The Comission belie ~ves that this will not impose a significant economic impact on Comission licensees who would be considered "small entities."
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Backfit Analysis The NRC has determined that the backfit rule,10 CFR 50.109, does not apply to this proposed rule and, therefore, that a backfit analysis is not required for this proposed rule because these amendments do not involve any provisions whichwouldimposebackfitsasdefinedin10CFR50.109(a)(1).
List of Subjects 10 CFR Part 30 Byproduct material, Government contracts, Intergovernmental relations, Isotopes, Nuclear materials, Penalty, Radiation protection, Reporting and recordkeeping requirements.
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Government contracts, Hazardous materials - transportation, Nuclear materials, 1
Penalty, Reporting and recordkeeping requirements Source material, Uranium.
1 10 CFR Part 50 Antitrust, Classified information, Fire protection, Incorporation by reference, Intergovernmental relations, Nuclear power plants and reactors, Penalty, Radiation protection, Reactor siting criteria.
Reporting and recordkeeping requirements.
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10 CFR Part 60 High-level waste, Nuclear power. plants and reactors Nuclear materials, Penalty, Reporting and recorakeeping requirements. Waste treatment and disposal.
10 CFR Part 70 Hazardous materials - transportation, Nuclear materials, Packaging and containers, Penalty, Radiation protection, Reporting and recordkeeping requirements, Scientific equipment, Security measures, Special nuclear material.
Manpower training programs, Nuclear materials, Occupational safety and health, Reporting and recordkeeping requirements, Security measures, Spent fuel.
10 CFR Part 150 Hazardous materials - transportation, Intergovernmental relations, Nuclear materials, Penalty, Reporting and recorokeeping requirements, Security measures, Source material, Special nuclear material.
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For the reasons set out in the preamble and under the authority of the Atomic 1
Energy Act of 1954, as amended, the Energy Reorgr.nization Act of 1974, as
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amended, and 5 U.S.C. 552 and 553, the NRC is proposing to adopt the following amendments to 10 CFR Parts 30, 40, 40, 60, 70, 72 and 150.
PART 30 - RULES OF GENERAL APPLICABILITY TO DOMESTIC LICENSING OF BYPRODUCT MATERIAL 1.
The authority citation for Part 30 is revised to read as follows:
AUTHORITY: Secs. 81, 82, 151, 182, 183, 186, 68 Stat. 935, 948, 953, 954, 955, as amended, sec. 234, 83 Stat. 444, as amended (42 U.S.C. 2111, 2112, 2201, 2232, 2233, 2236, 2282); secs. 201, as amended, 202, 206, 88 Stat.
1242, as amended, 1244, 1246 (42 U.S.C. 5841, 5842, 5846).
Section 30.7 also issued under Pub. L.95-601, sec. 10, 92 Stat. 2951 (42 U.S.C. 5851). Section 30.34(b) also issued under sec.184, 68 Stat. 954, as amended (42 U.S.C. 2234). Secticn 30.61 also issued under sec.187, 68 Stat.
955 (42 U.S.C. 2237).
For the purposes of sec. 223, 68 Stat. 958, as amended (42 U.S.C. 2273);
6530.3,30.7(g),30.34(b),(c)and(f),30.41(a)and(c),and30.53areissued under sec.161b, 68 Stat. 948, as ainended (42 U.S.C. 2201(b)); and $530.6, 30.9,30.36,30.51,30.52,30.55,and30.56(b)and(c)areissuedundersec. 1610,68 Stat.950,asamended(42U.S.C.2201(o)).
2.
In 5 30.7, paragraph (g) is added to read as follows:
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i 30.7. Employee protection.
(g)(1)EachlicenseeandapplicantforaCommissionlicenseshallassure that neither they nor their contractors or. subcontractors impose, as a condition of any agreement affecting the compensation, terms, conditions 6nd privileges of employment, including an agreement to settle a complaint filed by.an-employee with the Department of Labor pursuant to Section 210 of the Energy Reorganization Act of 1974, any provision which would prohibit, restrict, or otherwise discourage, an employee from voluntarily providing to any person within the Commission infomation about possible violations of requirements imposed under the Atomic Energy Act or the Energy Reorganization Act, and NRC regulations, orders, and licenses.
'(2) Each licensee and license applicar.t shall, within sixty oays of the effective date of this regulation, adopt appropriate procedures to:
(1) Assure that its contractors and subcontractors are informed of the requirements of paragraph (g)(1) of this section; (ii) Assure that it is informed by its contractors and subcontractors of i,
each complaint, related to work performed for the licensee or license applicant, fileo by an employee against the contractor or subcontractor l
l pursuant to Section 210 of the Energy Reorganization Act relating to discrimination for protected activities as described in this section; and (iii) Provide for prior review by the licensee or license applicant of settlement agreements negotiated unoer section 210 of the Energy Reorganization Act of 1974 by its contractors and subcontractors, to assure
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that such' agreements-contain no provisions of the type described in paragraph:
(g)(1)ofthis.section.
PART 40 - 00MESTIC LICENSING OF SOURCE MATERIAL
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The authority citation for Part 40 is revised to read as follows:
AUTHORITY: Secs. 62, 63 64, 65, 81, 161, 182, 183, 186, 68 Stat. 932 L
933, 935, 948, 953, 954, 955, as amended, secs. 11e(2), 83, 84, Pub. L.95-604, 92 Stat. 3033, as amended, 3039, sec. 234, 83 Stat. 444, as amended (42 U.S.C. 2014(e)(2), 2092, 2093, 2094, 2095, 2111, 2113, 2114, 2201, 2232, 2233,2236,2282);sec.274, Pub.L.86-373,73 Stat.688(42U.S.C.2021);
secs. 201, as amended, 202,-206, 88 Stat. 1242, as amended, 1244,1246(42 U.S.C. 5841, 5842, 5846); sec. 275, 92 Stat. 3021, as amended by Pub. L.97-415, 96 Stat. 2067 (42 U.S.C. 2022).
Section 40.7 also issued under Pub. L.95-601, sec. 10, 92 Stat. 2951 (42 U.S.C. 5851). Section 40.31(g) also issued under sec.122, 68 Stat. 939 (42 U.S.C. 2152). Section 40.46 also issued under sec.184, 68 Stat. 954, as amended'(42U.S.C.2234).Section40.71alsoissuedundersec.187,68 Stat.
955 (42 U.S.C. 2237).
For the purposes of sec. 223, 68 Stat. 958, as amended (42 U.S.C. 2273);
il40.3,40.7(g),40.25(d)(1)-(3),40.35(a)-(d)and(f),40.41(b)and(c),
40.46, 40.51(a) and (c), and 40.63 are issued under sec.161b, 68 Stat. 948, as amended (42 U.S.C. 2201(b)); and 9940.5, 40.9, 40.25(c), (d)(3), and (4),
L e 40.26(c)(2), 40.35(e), 40.42, 40.61, 40.62, 40.64, and 40.65 are issued under sec. 1610, 68 Stat. 950, as amended (42 U.S.C. 2201(o)).
4.
In ! 40.7, paragraph (g) is added to read as follows:
6 40.7 Employee protection.
(g)(1)EachlicenseeandapplicantforaCommissionlicenseshallassure that neither they nor their contractors or subcontractors impose as a condition of any agreement affecting the compensation, terms, conditions and privileges of employment, including an agreement to settle a complaint filed by an employee with the Department of Labor pursuant to-Section 210 of the Energy Reorganization Act of 1974, any provision which would prohibit, restrict, or otherwise discourage, an employee from voluntarily providing to any person within the Commission information about possible violations of requirements imposed under the Atomic Energy Act or the Energy Reorganization Act.. and NRC regulations, orders, and licenses.
(2) Each licensee or license applicant shall, within sixty days of the effective date of this regulation, adopt appropriate procedures to:
(1) Assure that its contractors and subcontractors are informed of the requirements of paragraph (g)(1) of this section; fii) Assure that it is inforined by its contractors and subcontractors of each complaint, related to work performed for the licensee or license applicant, filed by an employee.against the contractor or subcontractor
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pursuant to Section 210 of the Energy Reorganization Act relating to discrimination for protected activities as described in this section; and (iii) Provide for prior review by the licensee or license applicant of settlement agreements negotiated under section 210 of the Energy Reorganization Act of 1974 by its contractors and subcontractors, to assure that such agreements contain no provisions of the type described in paragraph (g)(1)ofthissection.
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1 PART 50 - DOMESTIC LICENSING OF PRODUCTION AND UTILIZATION FACILITIES 5.
The authority citation for Part 50 is revised to read as follows:
AUTHORITY: Secs. 102, 103, 104, 105, 161, 182, 183, 186, 189, 68 Stat.
936, 937, 953, 948, 953, 954, 955, 956, as amnded, sec. 234, 83 Stat. 1244, as amended (42 U.S.C. 2132, 2133, 2134, 2135, 2201, 2232, 2233, 2236, 2239, 2282); secs. 201, as amenced, 202, 206, 08 Stat. 1242, as amended, 1244, 1246 (42 U.S.C. 5841, 5842, 5846).
l Section 50.7 also issued under Pub. L.95-601, sec. 10, 92 Stat. 2951 (42 l
U.S.C. 5851). Section 50.10 also issued under secs. 101, 185, 68 Stat. 936, l
955, as amended (42 U.S.C. 2131, 2235); sec.102, Pub. L.91-190, 83 Stat. 853 (42 U.S.C. 4332). Sections 50.13 and 50.54(dd) also issued under sec.108, 68 Stat. 939, at amended (42 U.S.C. 2138). Sections 50.23, 50.35, 50.55, and 50.56 also issued under sec.185, 68 Stat. 955 (42 U.S.C. 2235). Sections 50.33a, 50.55a and Appendix Q also issued unoer sec.102, Pub. L.91-190, 83
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1 Stat. 853 (42 U.S.C. 4332). Sectic,ns 50.34 and 50.54 also issued under sec.
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204, 88 Stat. 1245 (42 U.S.C. 5844). Sections 50.58, 50.91, and 50.52 also issued under Pub. L.97-415, 96 Stat. 2073 (42 U.S.C. 2239). Section 50.78 also issued under sec.122, 68 Stat. 939 (42 U.S.C. 2152). Sections 50.80 through 50.81 also issued under sec. 184, 68 Stat. 954, as amended (42 U.S.C.
2234).Section50.103alsoissuedundersec.108,68 Stat.939,asamended(42 U.S.C. 2138). Appendix F also issuea unoer sec.187, 68 Stat. 955 (42 U.S.C.
2237).
For the purposes of sec. 223, 68 Stat. 958, as amended (42 U.S.C. 2273);
6550.7(f), 50.46(a) and (b), and 50.54(c) are issued under sec.161b, 68 Stat.
948.asamended(42U.S.C-.2201(b));5550.7(a),50.10(a)-(c),50.34(a)and (e),50.44(a)-(c),50.46(a)and(b),50.47(b),50.48(a),(c),(d),and(e),
50.49(a),50.54(a),(1),(1)(1),(1)-(n),(p),(q),(t),(v),and(y),
50.55(f),50.55a(a),(c)-(e),(g),and(h),50.59(c),50.60(a),50.62(c),
50.64(b), an6 60.80(a) and (b) are issued under sec. 1611, 68 Stat. 949, as amended (42 U.S.C. 2201(i)); and $550.49(d), (h), and (j), 50.54(w), (:t),
(bb), (cc), and (dd), 50.55(e), 50.59(b), 50.61(b), 50.62(b), 50.7C(a),
50.71(a)-(c) and (e), 50.72(a), 50.73(a) and (b), 50.74, 50.78, and 50.90 are issued under sec. 1610, 68 Stat. 950, as amended (42 U.S.C. 2201(o)').
6.
In i 50.7. paragraph (f) is added to read as follows:
! 50.7 Employee protection.
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. j (f)(1) Each licensee and applicant for a Commission license shall assure that neither they nor their contractors or subcontractors impose, as a condition of any agreement affecting the compensation, terms, conditions and privileges of employment, including an agreement to settle a complaint filed by an employee with the Department of Labor pursuant to Section 210 of the Energy Reorganization Act of 1974, any provis16n which would prohibit, restrict, or otherwise discourage, an employee from voluntarily providing to any person within the Commission information about possible violations of requirements imposed under the Atomic Energy Ac i or the Energy Reorganization Act, and NRC regulations, orders, and licenses.
(2) Each licensee or license applicant shall, within sixty days of the effective date of this regulation, adopt appropriate procedures to:
(1) Assure that its contractors and subcontractors are informed of the requirements of paragraph (f)(1) of this secticn; (ii) Assure that it is informed by its contractors and subcontractors of each complaint, related to work performed for the licensee or license applicant, filed by an employee against the contractor or subcontractor pursuant tc,Section 210 of the Energy Reorganization Act relating to discrimination for protected activities as described in this section; and (iii) Provide for prior review by the licensee or license applicant of settlement agreements negotiated under section 210 of the Energy Reorganization Act of 1974 by its contractors and subcontractors, to assure that such agreements contain no provisions of the type described in paragraph (f)(1) of this section.
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-PART 60 - DISPOSAL OF HIGH-LEVEL RADI0 ACTIVE WASTES IN GE0 LOGIC REPOSITORIES i
1 7.- The authority citation for Part 60 is revised to read as follows:
AUTHORITY: Secs. 51, 53, 62, 63, 65, 81, 161, 182, 183, 68 Stat.'929, 930, 932, 933, 935, 948, 953, 954, as amended (42 U.S.C. 2071, 2073, 2092, 2093,2095,2111,2201,2232,2233); secs.202,206,88 Stat.1244,1246(42 U.S.C. 5842, 5846); secs. 10 and 14, Pub. L.95-601, 92 Stat. 2951 (42 U.S.C.
2021a and 5851); sec. 102, Pub. L.91-190, 83 Stat. 853 (42 U.S.C. 4332); sec. 121, Pub. L.97-425, 96 Stat. 2228 (42 U.S.C.-10141).
For the purposes of sec. 22?, 68 Stat. 958, as amended (42 U.S.C. 2273);
1660.9(f), 60.10, 60.71 to 60.75 are issued under sec. 1610, 68 Stat. 950, as amended (42 U.S.C. 2201(o)).
P.
In i 60.9, paragraph (f) is added to read es follows:
i 60.9. Employee protection (f)(1) Each licensee and applicaat for a Commission license shall assure that neither they nor their contractors or subcontractors impose, as a condition of any agreement affecting the compensation, terms, conditions and privileges of employment, including an agreement to settle a complaint filed by an employee with the Department of Labor pursuant to Section 210 of the Energy Reorganization Act of 1974, any provision which would prohibit, restrict, or otherwise discourage, an employee from voluntarily providing to a_=______-____
- any person within the Commission information about possible violations of requirements imposed under the Atomic Energy Act or the Energy Reorganization Act, and NRC regulations, orders, and licenses.
(2) Each licensee or license applicant shall, within sixty days of the effective date of this regulation, adopt appropriate procedures to:
(1) Assure that its contractors and subcontractors are informed of the requirements of paragraph (f)(1) of this section; (ii) Assure that it is informed by its contractors and subcontractors of each complaint, related to work performed for the licensee or license applicant, filed by an employee against the contractor or subcontractor pursuant to Section 210 of the Energy Reorganization Act relating to discrimination for protected activities as described in this section; and (iii) Provide for prior review by the licensee or license applicant of settlement agreements negotiatea under section 210 of the Energy Reorganization Act of 1974 by its contractors and subcontractor-s, to assure that such agreements contain no provisions of the type described in paragraph (f)(1) of this section.
PART 7C - DOMESTIC LICENSING OF SPECIAL NUCLEAR MATER 3AL i
9.
The authority citation for Part 70 is revised to read as follows:
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l AUTHORITY: Secs. 51, 53, 161, 182, 183, 68 Stat. 929, 930, 948, 953, 954, as amended, sec. 234, 83 Stat. 444, as amended (42 U.S.C. 2071, 2073, 2201, 2232, 2233, 2282); secs. 201, as amended, 202, 204, 206, 88 Stat. 1242, as
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amended, 1244, 1245, 1246 (42 U.S.C. 5841, 5842, 5845, 5846).
Sections 70.1(c) and 70.20a(b) also issued under secs. 135, 141, Pub. L.97-425, 96 Stat. 2232, 2241 (42 U.S.C. 10155, 10161). Section 70.7 also issued under Pub. L.95-601, sec.10, 92 Stat. 2951 (42 U.S.C. 5851). Section 70.21(g) also issued under sec.122, 68 Stat. 939 (42 U.S.C. 2152). Section 70.31 also issued under sec. 57d, Pub. L.93-377, 88 Stat. 475 (42 U.S.C.
2077). Sections 70.36 and 70.44 also issued under sec. 184, 68 Stat. 954, as amended (42U.S.C.2234).Section70.61clsoissuedundersecs. 186, 187, 68 Stat. 955 (42 U.S.C. 2236, 2237). Section 70.62 also issued under sec.108, 68 Stat. 939, as amended (42 U.S.C. 2138).
For the purposes of sec. 223, 68 Stat. 958, cs amended (42 U.S.C. 2273);
6570.3, 70.7(g), 70.19(c), 70.21(c), 70.22(a), (b), (c)-(k), 70.24(a) and (b),
70.32(a)(3), (5), (6), (d), and (1), 70.36, 70.39(b) and (c), 70.41(a),
70.42(a) and (c), 70.56, 70.57(b), (c), and (d), 70.58(a)-(g)(3), and (h)-(j) are issued under sec. 161b, 68 Stat. 948, as amended (42 U.S.C. 2201(b));
$$70.7, 70.20a.(a) and (d), 70.20b(c) and (e), 70.21(c), 70.24(b), 70.32(a)(6),
(c),(d),(e),and(g), 70.36,70.51(c)-(9),70.56,70.57(b)and(c),and 70.58 (a)-(g)(3) and (h)-(j) are issueo aJer sec. 1611, 68 Stat. 949, as j
i amended (42 U.S.C. 2201(1)); and $970.5, 70.9, 70.20b(d) and (e), 70.38, 70.51(b) ced (1), 70.52, 70.53, 70.54, 70.55, 70.58(g)(4), (k), and (1),
70.59, and 70.60(b) and (c) are issued under sec. 1610, 68 Stat. 950, as amended (42 U.S.C. 2201(o)).
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l lu 10.
In 6 70.7, paragraph (g) is added to read as follows:
i 70.7 Employee protection.
(g)(1) Each licensee and applicant for a Commission license shall assure that neither they nor their contractors or subcontractors impose, as a condition of any agreement affecting the compensation, terms, conditions and privileges of employment, including an agreement to settle a complaint filed by an employee with the Department of Labor pursuant to Section 210 of the Energy Reorganization Act of 1974, any provision which would prohibit, restrict, or otherwise discourage, an employee from voluntarily providing to any person within the Commission information about possible violations of requirements imposed under the Atomic Energy Act or the Energy Reorganization Act, and NRC regulations, orders, and licenses.
(2) Each licensee or license applicant shall, within sixty oays of the effective date of this regulation, adopt appropriate procedures to:
(1) Assure that its contractors and subcontractors are infcemed of the requirements of paragraph (g)(1) of this section; (ii) Assure that it is informed by its contractors and subcontractors of each complaint, related to work performed for a licensee or license applicant, filed by an employee against the contractor or subcontractor pursuant to Section 210 of the Energy Reorganization Act relating to discrimination for protected activities as described in this section; and
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y.
L (iii) Provide for prior review by the licensee or license applicant of settlement agreements negotiated under section 210 of the Energy Reorganization Act of 1974 by its contractors and subcontractors, to assure that such agreements contain no provisions of the type described in paragraph (g)(1)ofthissection.
PART 72 - LICENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF SPENT NUCLEAR FUEL AND HIGH-LEVEL RADI0 ACTIVE WASTE
- 11. The authority citation for Part 72 is revised to read as follows:
AUTHORITY: Secs. 51, 53, 57, 62, 63, 65, 69, 81, 161, 182, IS3, 184, 186, 187, 189, 68 Stat. 929, 930, 932, 933, 934, 955, 948, 953, 954, 955, as amended sec. 234, 83 Stat. 444, as amended (42 U.S.C. 2071, 2073, 2077, 2092,2093,2095,2099,2111,2201,2232,2233,2234,2236,2237,2238,2282);
sec. 274, Pub. L.86-373, 73 Stat. 688, as amended (42 U.S.C. 2021); sec. 201, as amended, 202, 206, 88 Stat. 1242, as amended, 1244, 1246 (42 U.S.C. 5841, 5842, S846); Pub. L.95-601, sec. 10, 92 Stat. 2951 (42 U.S.C. 5851); sec. 102, Pub. L.91-190, 83 Stat. 853 (42 U.S,C. 4332); Secs. 131, 132, 133, 135, 137, 141 Peb. L.97-425, 96 Stat. 2229, 2230, 2232, 2241, sec. 148, Pub. L.
100-203,101 Stat.1330-235 (42 U.S.C.10151,10152,10153,10155,10157, 10161,10168).
Section72.44(g)alsoissuedundersecs.142(b)and148(c),(d), Pub.L.
100-203,101 Stat.1330-232,1330-236(42U.S.C.10162(b),10168(c),(d)).
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Section 72.46 also issued'under sec. 189, 68 Stat. 355 (42 U.S.C. 2239); sec. 134, Pub. L.97-425, 96 Stat. 2230 (42 U.S.C. 10154). Section72.96(d)also issued under_ sec.145(g), Pub. L.100-203,101 Stet.1330-235 (42 U.S.C.
10165(g)).
Subpart J also issued under secs. 2(2),2(15),2(19),117(a),
141(h), Pub.L.97-425,96 Stat.2202,2203,2204,2222,2224(42U.S.C.
10101,10137(a),10161(h)).
For the purposes of sec. 223, 68 Stat. 958, as amended (42 U.S.C. 2273);
if72.6, 72.10(f), 72.22, 72.24, 72.26, 7 :.28(d), 72.30, 72.32, 72.44(a),
(b)(1),(4),(5)..(c),(d)(1),(2)._(e),(f),72.48(a),72.50(a),72.52(b),
72.72(b),(c),72.74(a),(b),72.76,72.78,72.104;72.106,72.~120,72.122, 72.124,72.126,72.128,72.130,72.140(b),(c),72.148,72.154,72.156, 72.160, 72.166, 72.168, 72.170, 72.172, 72.176, 72.180, 72.184, 72.186 are issued under sec. 161b, 68 Stat. 948, es amended (42 U.S.C. 2201(b));
il72.10(a),(e),72.22,72.24,72.26,72.28,72.30,72.32,72.44(a),(b)(1),
(4),(5),(c),(d)(1),(2),(e),(f),72.48(a),72.50(a),72.52(b).
72.90(a)-(d),72.92,72.94,72.98,72.100,72.102(c),(d),(f),72.104, 72,196, 72.120, 72.122, 72.124, 72.126, 72.128, 72.130, 72.140(b)
(c),
72.142, 72.144,.72.146, 72.148, 72.150, 72.152, 72.154, 72.156, 72.158, 72.160, 72.162, 72.164, 72.166, 72.168, 72.170, 72.172, 72.176, 72.180, 72.182, 72.184, 72.186, 72.190, 72.192, 72.194 are issued under sec. 1611, 68 Stat.949,asamended(42U.S.C.2201(1));andil72.10(e),72.11,72.16, 72.22,72.24,72.26,72.28,72.30,72.32,72.44(b)(3),(c)(5),(d)(3),(e),
(f), 72.48(b)
(c), 72.50(b), 72.54(a), (b), (c), 72.56, 72.70, 72.72, 72.74(a), (b), 72.76(a), 72.78(a), 72.80, 72.82, 72.92(b), 72.94(b),
72.140(b)
(c), (d), 72.144(a), 72.146. 72.148, 72.150, 72.152, 72.154(c),
,~
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't w- (b),72.156,72.160,'72.162,72.168,72.170,72.172,72.174,72.176.72.180,
~72.184, 72.186,~72.192 are issued under sec. '1610, 68 Stat. 950, as amended
'(42U.S.C.2201(o)).
12.
In 9_72.10, paragraph (f) is added to read as follows:
i 72.10 Employee protection
.(f)(1) Each' licensee and applicant for a Commission license shall assure that neither they nor their contractors or subcontractors impose, as a condition of any agreement affecting the compensation, terms, conditions and privileges of employment, including an agreement to settle a complaint filed by an employee with the Department of Labor pursuant to Section 210 of the Energy Reorganization Act of 1974, any provision which would prohibit.
restrict,' or otherwise discovrage, an employee from. voluntarily providing to any person within the Commission information about possible violations of requirements impu.ed under the Atomic Energy Act or the Energy Reorganization Act, and NRC regulations, orders, and licenses.
(2) Each licensee or license applicant shall, within sixty days of the effective date of this regulation, acspt appropriate procedures to:
(1) Assure that its contractors and subcontractors are informed of the requirementsofparagraph(i)(1)ofthissection; (ii), Assure that it is informed by its contractors and subcontractors of each complaint, related to work performed for the licensee or license
applictnt, filed by an employee against the contractor or subcontractor pursuant to Section 210 of the Energy Reorganization Act relating to discrimination for protected activities as described in this section; and (iii) Provide for prior review by the licensee or license applicant of settlement agreements negotiated under section 210 of the Energy Reorganization Act of 1974 by its contractors and subcontractors, to assure that such agreements contain no provisions of the type described in paragraph (f)(1)ofthissection.
PART 150 - EXEMPTIONS AND CONTINUED REGULATORY AUTHORITY IN AGREEMENT STATES AND IN OFFSHORE WATERS UNDER SECTION 274
- 13. The authcrity citation for Part 150 continues to read as follows:
AUTHORITY: Sec. 161, 68 Stat. 948, as amended, sec. 274, 73 Stat. 688 (42 U.S.C. 2201, 2021); sec. 201, 88 Stct. 1242, as amended (42 U.S.C. 5841).
Sections 150.3, 150.15, 150.15a, 150.31, 150.32 also issued unoer secs.
11e(2), 81, 68 Stat. 923, 935, as amended, secs. 83, 84, 92 Stat. 3033, 3039 (42 U.S.C. 2014e(2), 2111, 2113, 2114). Section 150.14 also issued under sec.
53, 68 Stat. 930, e.s amended (42 U.S.C. 2073). Section 150.15 also issued under secs. 135, 141, Pub. L.97-425, 96 Stat. 2232, 2241 (42 U.S.C. 10155, 10161). Section 150.17a also issued under sec. 122, 68 Stat. 939 (42 U.S.C.
2152). Section 150.30 also issued under sec. 234, 83 Stat. 444 (42 U.S.C.
2282).
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For the purposes of sec. 223, 68 Stat. 958, as amended (42 U.S.C. 2273);
$$150.20(b)(2)-(4) and 150.21 are issued under sec.161b, 68 Stat 948, as amended (42U.S.C.2201(b));5150.14 is issued under sec. 1611, 68 Stat. 949, as amended (42 U.S.C. 2201(1)); and $5150.16-150.19 and 150.20(b)(1) are I
issued under sec. 1610, 68 Stat. 950, as amended (42 U.S.C. 2201(o)).
14.
In 5 150.20, the introductory text of paragraph (b) is revised to read as follows:
$ 150.20 Recognition of Agreement State licenses I
(b) Notwithstanding any provision to the contrary in any specific license issued by an Agreement State to a person engaging in cctivities in a non-Agreement State or in offshore waters under the general licenses provided in this section, the general licenses provided in this section are subject to the provisions of 69 30.7(a) through (f), 30.9,30.14(d)
{
and 59 30.34, 30.41, and 30.51 to 30.63, inclusive, of Part 30 of this f
chapter; 6 40.7(a) through (f), E 40.9, and 59 40.41, 40.51, 40.61, 40.63 inclusiva, il 40.71 and 40.81 of Part 40 of this chapter; and 6 70.7(a) through (f), f 70.9, and il 70.32, 70.42, 70.51 to 70.56, inclusive.
El 70.60 to 70.62, inclusive, and 6 70.7 of Part 70 of this chapter; and to the provisions of Parts 19, 20 and 71 and Subpart B of Part 34 of this chapter.
In addition, any person engaging in activities in non-Agreement
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lq States or 4a ' offs,. ore waters under. the general ' licenses provided in this t
section:
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, Dated at Rockville, MD, this kV day of J
, 1989.
1 For the Nuclear Regulatory Comission.
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Samuel i l. Chilk, Secretary of ithe Comission.
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