Information Notice No. 87-15: Compliance with the Posting Requirements ofSubsection 223B of The Atomic Energy Act Of 1954, As Amended
SSINS No.: 6835
IN 87-15
UNITED STATES
NUCLEAR REGULATORY COMMISSION
OFFICE OF INSPECTION AND ENFORCEMENT
WASHINGTON, D.C. 20555
March 25, 1987
Information Notice No. 87-15: COMPLIANCE WITH THE POSTING REQUIREMENTS
OF SUBSECTION 223b OF THE ATOMIC ENERGY ACT OF 1954, AS AMENDED
Addressees:
All nuclear power reactor facilities holding a construction permit and all
firms supplying components or services to such facilities.
Purpose:
This notice is provided to call attention to the posting requirements of
Subsection 223b of the Atomic Energy Act of 1954, as amended (Act).
Description of Circumstances:
Reports by NRC resident inspectors suggest that the provisions of
Subsection 223b may not have been prominently posted at some reactor
construction sites, contrary to the specific requirement of the Act.
Discussion:
Public Law No. 96-295 adds subsection b to Section 223 of the Atomic
Energy Act. This subsection extended the criminal penalty provisions of
the Act to any director, officer, or employee of a firm constructing or
supplying the components of a utilization facility required to be
licensed under Section 103 or 104b of the Act who by act or omission
knowingly and willfully violates or causes to be violated any section of
the Act, or any NRC regulation or order issued thereunder, or license
condition that results or could result in significant impairment of a
facility's basic component. Subsection 223b, among other things, also
provides that the provisions of the subsection shall be prominently
posted at each site where a utilization facility required to be licensed
under Section 103 or 104b of the Act is under construction and on the
premises of each plant where components for such a facility are
fabricated. This posting requirement took effect on June 30, 1980.
No specific written response is required by this information notice. If
you have any questions about this matter, please contact the Regional
Administrator of the appropriate NRC regional office or this office.
Edward L. Jordan, Director
Division of Emergency Preparedness and Engineering Response
Office of Inspection and Enforcement
Technical Contact: A. Bill Beach, IE
(301) 492-4909
See next page for attachments
.
Attachment 1
IN 87-15
March 25, 1987
SUBSECTION 223b OF THE ATOMIC ENERGY
ACT OF 1954, AS AMENDED
Any individual director, officer, or employee of a firm constructing, or
supplying the components of any utilization facility required to be
licensed under Section 103 or 104 b. of this Act who by act or omission,
in connection with such construction or supply, knowingly and willfully
violates or causes to be violated, any section of this Act, any rule,
regulation, or order issued thereunder, or any license condition, which
violation results, or if undetected could have resulted, in a significant
impairment of a basic component of such a facility shall, upon
conviction, be subject to a fine of not more than $25,000 for each day of
violation, or to imprisonment not to exceed two years, or both. If the
conviction is for a violation committed after a first conviction under
this subsection, punishment shall be a fine of not more than $50,000 per
day of violation, or imprisonment for not more than two years, or both.
For the purposes of this subsection, the term "basic component" means a
facility structure, system, component or part thereof necessary to
assure--
(1) the integrity of the reactor coolant pressure boundary,
(2) the capability to shut-down the facility and maintain it in a safe
shut-down condition, or
(3) the capability to prevent or mitigate the consequences of accidents
which could result in an unplanned offsite release of quantities of
fission products in excess of the limits established by the Commission.
The provisions of this subsection shall be prominently posted at each site
where a utilization facility required to be licensed under Section 103 or
104 b. of this Act is under construction and on the premises of each
plant where components for such a facility are fabricated.
.
Page Last Reviewed/Updated Tuesday, March 09, 2021