NRC AMENDS REGULATIONS TO EXTEND FINES FOR VIOLATING EMPLOYEE 

PROTECTION REQUIREMENTS TO ADDITIONAL ENTITIES 

 The Nuclear Regulatory Commission is amending its employee protection regulations to 

clarify its authority to impose a fine on contractors and subcontractors if they violate the NRC’s 

regulations by discriminating against their employees for engaging in “protected activities.” 

 The protected activities include providing information to the Commission or the 

employer about alleged violations of the Atomic Energy Act or the Energy Reorganization Act, 

refusing to engage in any practices made unlawful by these Acts if the employee has identified 

the alleged illegality to the employer, requesting the Commission to take action against the 

employer, and testifying before Congress or any federal or state proceeding on these subjects. 

 The amendments also allow the NRC to impose a fine on the United States Enrichment 

Corporation (USEC), as well as a contractor or subcontractor of USEC, if it discriminates against 

an employee for engaging in protected activities at its gaseous diffusion plants in Kentucky and 

Ohio. These plants are certified by the NRC rather than licensed. 

 The Commission’s current employee protection regulations prohibit discrimination by 

those holding an NRC license for use of nuclear material, an applicant for a Commission license, 

a holder or an applicant for a certificate of compliance, or a contractor or subcontractor of these 

entities. Enforcement actions specified for violations of these requirements are denial, revocation 

or suspension of the license; imposition of a fine on the licensee or applicant; or other 

enforcement action. While these regulations prohibit discrimination by a contractor or 

subcontractor, they do not explicitly provide for imposition of a fine on a contractor or 

subcontractor. 

 The Commission emphasized that the amendments do not represent a change in its longheld view that licensees are responsible for maintaining control and oversight of contractor and 

subcontractor activities. There may be instances in which the Commission may wish to issue 

fines to both the responsible contractor or subcontractor and the licensee, such as in situations in 

which the licensee is aware of discrimination by its contractor or subcontractor and does not take 

immediate action to remedy the situation. Further, the Commission certified that this rule will not 

have a negative economic impact on a substantial number of small entities. 

 NRC NEWS

 U.S. NUCLEAR REGULATORY COMMISSION

Office of Public Affairs Telephone: 301/415-8200 

Washington, D.C. 20555-0001 

E-mail: opa@nrc.gov 

Site: http://www.nrc.gov

No. 07-149 November 13, 2007
 The amendments were published Jan. 31, 2006, as a proposed rule for public comment. 

The NRC received 3 comments, which are addressed in the final rule. The final rule was 

approved by the Commission Oct. 24 and will be published soon in the Federal Register. The 

amendments will be effective 30 days after publication. 

### 

 News releases are available through a free listserv subscription at the following Web address: 

http://www.nrc.gov/public-involve/listserver.html . The NRC homepage at www.nrc.gov also offers a SUBSCRIBE 

link. E-mail notifications are sent to subscribers when news releases are posted to NRC's Web site.