ML23156A450
| ML23156A450 | |
| Person / Time | |
|---|---|
| Issue date: | 10/03/1997 |
| From: | Hoyle J NRC/SECY |
| To: | |
| References | |
| PR-MISC, 62FR52577 | |
| Download: ML23156A450 (1) | |
Text
ADAMS Template: SECY-067 DOCUMENT DATE:
TITLE: PR-MISC -62FR52577 - NUREG 1600: POLICY AND PROCEDURE FOR ENFORCEMENT ACTIONS:
ENFORCEMENT CONFERENCE PROCEDURES CASE
REFERENCE:
PR-MISC 62FR52577 KEYWORD: RULEMAKING COMMENTS Document Sensitivity: Non-sensitive - SUNSI Review Complete
DOCKET NO. PR-MISC (62FR52577)
In the Matter of NUREG 1600 POLICY AND PROCEDURE FOR ENFORCEMENT ACTIONS:
ENFORCEMENT CONFERENCE PROCEDURES DATE DATE OF TITLE OR DOCKETED DOCUMENT DESCRIPTION OF DOCUMENT
- 10/03/97 10/03/97 FINAL POLICY STATEMENT AMENDMENT.
I NUCLEAR REGULATORY COMMISSllJN OCT -3 P2 :55
[NUREG - 1600]
OFF/CE - 3F RU J} . ...
Policy and Procedure for Enforcemen~dtiot,,s:.
- Enforcement Conference Procedures AGENCY: Nuclear Regulatory Commission.
ACTION: Policy statement: Amendment
SUMMARY
- The Nuclear Regulatory Commission (NRC) is revising its "General Statement of Policy and Procedure for NRC Enforcement Actions" to clarify procedures associated with enforcement conferences based on*reports of the NRC Office of lnv~stigations associated with discrimination.
EFFECTIVE DATE: This action is effective on the date of publication i_n the Federal Register.
FOR FURTHER INFORMATION CONTACT: James Lieberman, Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, Washington, DC 20555, (301) 415-2741.
SUPPLEMENTARY INFORMATION:
The Commission's "General Statement of Policy and Procedure for NRC Enf~rcement Actions" (Enforcement Policy or Policy) was first issued on September 4, 1980. Since that time, the Enforcement Policy has been revised on a number of occasions. On June 30, 1995 (60 FR 34381 ), the Enforcement Policy was revised in its entirety and was also published as NUREG-1600. The Policy primarily addresses violations by licensees and certain non-licensed persons.
On March 24, 1997 {62 FR 13906), the NRC published changes to the Enforcement Policy concerning predecisional enforcement conferences based on findings of discrimination. The changes permitted limited participation in those conferences by the complainant. The Statement of Consideration for those changes provided that "normally" Office of Investigations (01) r~ports involving discrimination, will be made public. However, the actual Policy change in the eighth paragraph of Section V. Predecisional Enforcement Conferences, stated that they "will be made" public. In this revision, the word "may" has no~ been substituted to more accurately reflect those cases in which it is not appropriate to make the 01 report public. Also, additional language in this paragraph is being added to clarify that the purpose of the complainant's participation in a conference is to provide information to the NRC to assist it in its enforcement deliberations.
Paperwork Reduction Act This policy statement does not contain a new or amended information 2
I collection requirement subject to the Paperwork Reduction Act of 1995 (44 U.S.C.
3501 et seq .). Existing requirements were approved by the Office of Management and Budget, approval number 3150-0136. The approved information collection requirements contained in this policy statement appear in Section VII .C.
Public Protection Notification The NRC may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid 0MB
- - control number.
Small Business Regulatory Enforcement Fairness Act In accordance with the Small Business Regulatory Enforcement Fairness Act of 1996, the NRC has determined that this action is not a major rule and has verified this determfnation with the Office of Information and Regulatory Affairs of 0MB.
Accordingly, the eighth paragraph of Section V of the NRC Enforcement Policy is amended to read as follows:
GENERAL STATEMENT OF POLICY AND PROCEDURE FOR NRC ENFORCEMENT ACTIONS V . PREDECISIONAL ENFORCEMENT CONFERENCES 3
For a case *in which an NRC Office of Investigations (01) report finds that discrimination as defined under 10 CFR 50. 7 (or similar provisions in Parts 30, 40, 60, 70, or 72) has occurred, the 01 report may be made public, subject to withholding certain information (i.e., after appropriate redaction), in which case the associated predecisional enforcement conference will normally be open to public observation. In a conference where a particular individual is being considered potentially responsible for the discrimination, the conference w ill remain closed. In either case (i.e., whether the conference is open or closed), the employee or former employee who was the subject of the alleged discrimination (hereafter referred to as "complainant") will normally be provided an opportunity to participate in the predecisional enforcement conference with the licensee/employer.
This participation will normally be in the form of a complainant statement and comM'lent on the lict!nsee's presentation, followed in turn by an opportunity for the licensee to respond to the complainant's presentation. In cases where the e complainant is unable to attend in person, arrangements will be made for the complainant's participation by telephone or an opportunity given for the complainant to submit a written response to the-licensee's presentation. If the licensee chooses to forego an enforcement conference and, instead, responds to the NRC's findings in writing, the complainant will be provided the opportunity to submit written comments on the licensee's response. For cases involving potential discrimination by a contractor or vendor to the licensee, any associated predecisional enforcement conference with the contractor or vendor would be 4
I I
handled similarly. These arrangements for complainant participation in the predecisional enforcement conference are not to be conducted or viewed in any respect as an adjudicatory hearing. The purpose of the complainant's participation is to provide information to the NRC to assist it in its enforcement deliberations.
Dated at Rockville, Maryland, this J";/day of October 1997.
FOR THE NUCLEAR REGULATORY COMMISSION e Commission.
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