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UNITED STATESNUCLEAR REGULATORY COMMISSIONWASHINGTON, D.C. 20555-0001

August 28, 1998

**Addressees**

All holders of a U.S. Nuclear Regulatory Commission (NRC) license.

**Purpose**

The NRC is issuing this information notice to remind addressees that 10 CFR 30.7, 40.7, 50.7, 60.9, 61.9, 70.7, 72.10, 76.7,and 150.20(b) specify that any agreement with an employee that affects compensation, terms, conditions, or privileges ofemployment, including an agreement to settle a complaint filed by an employee with the Department of Labor (DOL)pursuant to Section 211 of the Energy Reorganization Act of 1974 (ERA), as amended, 42 U.S.C. � 5851, may not prohibit,restrict, or otherwise discourage an employee from participating in protected activities, as defined in the statute. It isexpected that recipients will review the information for applicability and consider actions, as appropriate, to ensurecompliance with NRC requirements. No specific action or written response is required.

**Description of Circumstances**

Employees in the nuclear industry who believe that they have suffered an adverse action by their employer because theyengaged in protected activities may file a complaint of discrimination with the DOL. The DOL may investigate thecomplaint and may award personal relief to the employee if a finding of unlawful discrimination is made. Concomitantlywith the DOL process, the NRC may take enforcement action against the employer for unlawful discrimination.

Over the years, the DOL has required several NRC licensees and contractors to amend agreements proffered to anemployee, or to a former employee, to settle complaints filed with the DOL pursuant to Section 211 of the ERA, asamended, because the agreements contained provisions that would prohibit, restrict, or otherwise discourage the settlingemployee from participating in protected activities. The protected activities are defined in Section 211 of the ERA andinclude but are not limited to (1) notifying an employer of an alleged violation of the ERA or the Atomic Energy Act of1954 (AEA), as amended; (2) refusing to engage in any practice made unlawful by the ERA or the AEA if the employeehas identified the alleged illegality to the employer; (3) testifying before Congress or at any Federal or State proceedingregarding any provision (or proposed provision) of the ERA or the AEA; (4) commencing, causing to be commenced, orbeing about to commence or cause to be commenced a proceeding under the ERA or the AEA, or a proceeding for theadministration or enforcement of any requirements imposed under the ERA or the AEA; (5) testifying or being about totestify in any such proceeding; and (6) assisting or participating, or being about to assist or participate, in any matter insuch a proceeding or in any other manner in such a proceeding or in any other action to carry out the purposes of the ERAor the AEA. Courts and the DOL have broadly interpreted the term "protected activity" to cover a wide spectrum ofconduct. In addition, certain licensees may have entered into agreements with employees or proffered agreements toemployees that prohibited, restricted, or otherwise discouraged the employee from participating in protected activities. TheNRC emphasizes that such agreements violate the NRC employee protection regulations previously cited.

**Discussion**

On March 21, 1990, the Commission published its final rule on the issue "Preserving the Free Flow of Information to theCommission," in the Federal Register (55 FR 10397). This rule, which has been incorporated into the employee protectionregulations, requires, in part, that--

> No agreement affecting the compensation, terms, conditions, or privileges of employment, including an agreement tosettle a complaint filed by an employee with the Department of Labor pursuant to section 211 of the EnergyReorganization Act of 1974, as amended, may contain any provision which would prohibit, restrict, or otherwisediscourage an employee from participating in protected activity . . . including, but not limited to, providinginformation to the NRC or to his or her employer on potential violations or other matters within NRC's regulatoryresponsibilities.  

Licensees have achieved compliance with this requirement by including a provision in agreements with employees thatexplicitly provides that nothing in the agreement shall be construed to restrict an employee's ability to engage in protectedactivities.

This information notice establishes no new requirements; therefore, no specific action or written response is required bythis notice. However, recipients are reminded that they are required to comply with the requirements of NRC employeeprotection regulations, including the provisions relating to agreements with employees of licensees, applicants for licenses,and contractors and subcontractors. The DOL's Occupational Safety and Health Administration has reviewed thisinformation notice and concurs in its contents. If you have any questions about this matter, please call the contact listedbelow or the appropriate NRC regional office.

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