United States Nuclear Regulatory Commission

Office of Public Affairs

Washington, DC 20555

Phone 301-415-8200 Fax 301-415-2234

Internet:opa@nrc.gov

No. 97-050 FOR IMMEDIATE RELEASE

(Tuesday, March 25, 1997)

NRC TO PERMIT COMPLAINANTS IN DISCRIMINATION CASES

TO PARTICIPATE IN ENFORCEMENT CONFERENCES

The Nuclear Regulatory Commission has amended its

Enforcement Policy to permit the aggrieved party to participate

in predecisional enforcement conferences based on findings of

discrimination against an employee for raising safety concerns.

This Enforcement Policy change, although now in effect, is

open for public comment through April 23.

Predecisional enforcement conferences are meetings between

the NRC staff and licensees. They are held in many instances

when NRC learns of a potential violation for which escalated

enforcement action (such as a monetary fine) may be warranted.

Such conferences provide an opportunity for discussion of the

circumstances of the potential violations and any corrective

actions the licensee may have taken before a final decision is

made on enforcement action. They are normally held in an NRC

regional office and are usually open to the public.

This latest modification in the Enforcement Policy refers to

enforcement conferences scheduled as the result of an NRC Office

of Investigations finding that a licensee or licensee's

contractor has discrminated against an employee for raising

safety concerns.

Other provisions:

ˇ The investigation report will be made public, subject

to appropriate editing to protect the privacy of

individuals or the identity of informants.

ˇ Such enforcement conferences will be open to public

observation, except for those involving cases in which

a particular individual is considered potentially

responsible for the discrimination.
ˇ Whether the conference is open or closed, the

complainant (the employee or former employee who

suffered the alleged discrimination) will normally be

given an opportunity to make a statement and

presentation, following the licensee's presentation.

The licensee will then be given an opportunity to rebut

the complainant's presentation.

ˇ Participation is at the complainant's own expense. But

if he or she cannot attend in person, NRC will arrange

for the complainant to participate by telephone or to

submit a written rebuttal to the licensee's

presentation.

ˇ If the licensee declines to take part in an enforcement

conference and, instead, responds to NRC's findings in

writing, the complainant will be given an opportunity

to submit a written rebuttal to the licensee's

response.

ˇ NRC may not hold an enforcement conference in

discrimination cases in which there is a full

adjudicatory record before the Department of Labor.

But if one is held in such cases, it generally will

focus on the licensee's corrective action, and the

complainant will be allowed to participate.

Written comments on this Enforcement Policy modification

should be mailed to: The Secretary of the Commission, U.S.

Nuclear Regulatory Commission, Washington, DC 20555, ATTN:

Docketing and Service Branch. Hand-delivered comments should be

sent to NRC at 11555 Rockville Pike, Rockville, Maryland, between

7:45 a. m. and 4:15 p. m. on Federal workdays.

Full details of the amendment are contained in a notice in

the March 24 edition of the Federal Register.

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