ML20236U288
| ML20236U288 | |
| Person / Time | |
|---|---|
| Issue date: | 12/04/1986 |
| From: | Mcelroy N NRC |
| To: | NRC |
| Shared Package | |
| ML20235F951 | List:
|
| References | |
| FRN-52FR36942, RULE-PR-35 AC65-1-056, AC65-1-56, NUDOCS 8712020412 | |
| Download: ML20236U288 (1) | |
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,, Notes from meeting between NLMcElroy NMSS and Barry Pineles, ELD held 12-04-86 T' -Lay use of negligence--see dictionary: habitual failure, carelessness
-legal use: required to perform a duty in a certain way, fail to exercise care that a reasonable person would. MD's would be compared to other MD's, techs to techs in the case at hand. It is not willful actions--there is no intent
,. to harm in cases of negligence. It includes human error.
there is willful .v reckless disregard v negligence strict liability--usually a defective product-loss absorbed by manufacturer, I who is mos t :able to absorb the cost. Product must be safe for intended use.
NRC could find " negligence" for failure to follow regulations, but there is no civil suit unless there. is . injury.
Universal expert agreement on a standard'does not stamp it as reasonable, y!-
Lt Reasonableness is determined post hoc by courts. Administrative law judge
?
'is bound by our interpretation of our regulations.
.You can say in a rule " Licensees shall assure that the dose is within 10% of the scrip. To assure that doses,are within 10%, licensees shall. . ."
Check with IE re QA program enforcem %.
NLMcElroy
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~35 52FR36942 ,
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