10 CFR 72.12, Deliberate Misconduct

Deliberate misconduct

a

(a) Any licensee, certificate holder, applicant for a license or certificate, employee of a licensee, certificate holder, or applicant for a license or certificate; or any contractor (including a supplier or consultant) or subcontractor, employee of a contractor or subcontractor of any licensee, certificate holder, or applicant for a license or certificate who knowingly provides to any licensee, certificate holder, applicant for a license or certificate, contractor, or subcontractor, any components, materials, or other goods or services that relate to a licensee's, certificate holder's, or applicant's activities subject to this part, may not:

(1) Engage in deliberate misconduct that causes or would have caused, if not detected, a licensee, certificate holder or applicant to be in violation of any rule, regulation, or order; or any term, condition, or limitation of any license or certificate issued by the Commission; or

(2) Deliberately submit to the NRC, a licensee, a certificate holder, an applicant for a license or certificate, or a licensee's, applicant's, or certificate holder's contractor or subcontractor, information that the person submitting the information knows to be incomplete or inaccurate in some respect material to the NRC.

b

(b) A person who violates paragraph (a)(1) or (a)(2) of this section may be subject to enforcement action in accordance with the procedures in 10 CFR part 2, subpart B.

c

(c) For the purposes of paragraph (a)(1) of this section, deliberate misconduct by a person means an intentional act or omission that the person knows:

(1) Would cause a licensee, certificate holder or applicant for a license or certificate to be in violation of any rule, regulation, or order; or any term, condition, or limitation, of any license or certificate issued by the Commission; or

(2) Constitutes a violation of a requirement, procedure, instruction, contract, purchase order, or policy of a licensee, certificate holder, applicant, contractor, or subcontractor.

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NRC website 10 CFR 72.12

v t e Code of Federal Regulations
Title 10 Part 72 - LICENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF SPENT NUCLEAR FUEL, HIGH-LEVEL RADIOACTIVE WASTE, AND REACTOR- RELATED GREATER THAN CLASS C WASTE
10 CFR: 1 2 4 5 7 9 10 11 12 13 14 15 16 19 20 21 25 26 30 31 32 33 34 35 36 37 39 40 50 51 52 54 55 60 61 62 63 70 71 72 73 74 75 76 81 95 100 140 150 160 170 171
1, General Provisions, Purpose 2, Scope 3, Definitions 4, Communications 5, Interpretations 6, License required; types of licenses 7, Specific exemptions 8, Denial of licensing by Agreement States 9, Information collection requirements: OMB approval 10, Employee protection 11, Completeness and accuracy of information 12, Deliberate misconduct 13, Applicability 16, License Application, Form, and Contents, Filing of application for specific license 18, Elimination of repetition 20, Public inspection of application 22, Contents of application: General and financial information 24, Contents of application: Technical information 26, Contents of application: Technical specifications 28, Contents of application: Applicant's technical qualifications 30, Financial assurance and recordkeeping for decommissioning 32, Emergency Plan 34, Environmental report 40, Issuance and Conditions of License, Issuance of license 42, Duration of license; renewal 44, License conditions 46, Public hearings 48, Changes, tests, and experiments 50, Transfer of license 52, Creditor regulations 54, Expiration and termination of licenses and decommissioning of sites and separate buildings or outdoor areas 56, Application for amendment of license 58, Issuance of amendment 60, Modification, revocation, and suspension of license 62, Backfitting 70, Records, Reports, Inspections, and Enforcement, Safety analysis report updating 72, Material balance, inventory, and records requirements for stored materials 74, Reports of accidental criticality or loss of special nuclear material 75, Reporting requirements for specific events and conditions 76, Material status reports 78, Nuclear material transaction reports 79, §72.79 Facility information and verification. 80, Other records and reports 82, Inspections and tests 84, Violations 86, Criminal penalties 90, Siting Evaluation Factors, General considerations 92, Design basis external natural events 94, Design basis external man-induced events 96, Siting limitations 98, Identifying regions around an ISFSI or MRS site 100, Defining potential effects of the ISFSI or MRS on the region 102, Geological and seismological characteristics for applications before October 16, 2003 and applications for other than dry cask modes of storage 103, Geological and seismological characteristics for applications for dry cask modes of storage on or after October 16, 2003 104, Criteria for radioactive materials in effluents and direct radiation from an ISFSI or MRS 106, Controlled area of an ISFSI or MRS 108, Spent fuel or high-level radioactive waste transportation 120, General Design Criteria, General considerations 122, Overall requirements 124, Criteria for nuclear criticality safety 126, Criteria for radiological protection 128, Criteria for spent fuel, high-level radioactive waste, and other radioactive waste storage and handling 130, Criteria for decommissioning 140, Quality Assurance, Quality assurance requirements 142, Quality assurance organization 144, Quality assurance program 146, Design control 148, Procurement document control 150, Instructions, procedures, and drawings 152, Document control 154, Control of purchased material, equipment, and services 156, Identification and control of materials, parts, and components 158, Control of special processes 160, Licensee inspection 162, Test control 164, Control of measuring and test equipment 166, Handling, storage, and shipping control 168, Inspection, test, and operating status 170, Nonconforming materials, parts, or components 172, Corrective action 174, Quality assurance records 176, Audits 180, Physical Protection, Physical protection plan 182, Design for physical protection 184, Safeguards contingency plan 186, Change to physical security and safeguards contingency plans 190, Training and Certification of Personnel, Operator requirements 192, Operator training and certification program 194, Physical requirements 200, Provision of MRS Information to State Governments and Indian Tribes, Provision of MRS information 202, Participation in license reviews 204, Notice to States 206, Representation 210, General License for Storage of Spent Fuel at Power Reactor Sites, General license issued 212, Conditions of general license issued under § 72.210 214, List of approved spent fuel storage casks 216, 218, Termination of licenses 220, Violations 230, Approval of Spent Fuel Storage Casks, Procedures for spent fuel storage cask submittals further results Appendices:

10 CFR 72.12, Deliberate Misconduct

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b

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