NRC Broadens the Scope of its Deliberate Misconduct Rule
U. S. NUCLEAR REGULATORY COMMISSION
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January 9, 1998
NRC BROADENS THE SCOPE OF ITS DELIBERATE MISCONDUCT RULE
The Nuclear Regulatory Commission is amending its regulations to broaden the scope of its deliberate misconduct rule, permitting the agency to take enforcement action against applicants for licenses or certificates, as well as their employees or consultants. The existing rule, adopted in 1991, applies only to current licensees and their employees.
Deliberate misconduct may involve an applicant, licensee, or certificate holder who provides inaccurate or incomplete information to the NRC. It could also involve conduct that, if undetected, could cause an applicant, licensee, or certificate holder to be in violation of NRC requirements.
The NRC decided to amend its deliberate misconduct rule as the result of a 1993 case in which a materials license was granted based on false information submitted by an applicant's consultant. NRC subsequently revoked the license, but lacked authority to take enforcement action against individuals who were not its licensees.
The proposed rule was published for public comment in the Federal Register on October 4, 1996. Six comments from members of the public were received and reviewed by the NRC staff and the Commission. The amended rule will be published shortly in the Federal Register.