United States Nuclear Regulatory Commission - Protecting People and the Environment

Summary - Severity Levels; Civil Penalties; Civil Penalty Adjustment Factors; Actions Against Licensed Operators; Added Supplement VII - Miscellaneous

On March 9, 1982 the Commission published a revision to the Enforcement Policy that reflected consideration of public comments and experience gained in interim implementation. The wording introducing the Policy was revised to take a less adversarial tone. The number of severity levels was reduced from six to five. A provision was inserted that SL I, II, and III violations would be considered for CPs. A provision was also added clarifying that effective licensee self-monitoring (i.e., self-identification, corrective action, and reporting) could result in no CP being issued for a given violation. Under this revision, the CP adjustment factors were itemized as (1) Prompt Identification and Reporting--50% mitigation; (2) Corrective Action to Prevent Recurrence--50% mitigation, 25% escalation; (3) Enforcement History--25% escalation; (4) Prior Notice of Similar Events--25% escalation; and (5) Multiple Occurrences--25% escalation. The duration of a violation, while not assigned a percentage value, was also to be considered in determining the CP amount. Specific criteria for actions against licensed operators were removed. The supplements on fuel cycle operations and materials activities were combined and a new "Miscellaneous" supplement was added covering material false statements, willful violations, and reporting requirements.
Page Last Reviewed/Updated Thursday, March 29, 2012