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UNITED STATESNUCLEAR REGULATORY COMMISSIONOFFICE OF NUCLEAR REACTOR REGULATIONOFFICE OF NUCLEAR MATERIAL SAFETY AND SAFEGUARDSOFFICE OF ENFORCEMENTWASHINGTON, D.C. 20555-0001

February 9, 1998

**Addressees**

All U.S. Nuclear Regulatory Commission licensees.

**Purpose**

The U.S. Nuclear Regulatory Commission (NRC) is issuing this information notice (IN) to remind licensees and theiremployees of the sanctions that could result from deliberately violating NRC requirements in the area of employeeprotection. It is expected that licensees will review this information notice, distribute it to management and staff involvedwith licensed activities, including senior management at nuclear power plants, and consider actions, as appropriate, toavoid similar problems. However, suggestions contained in this IN are not NRC requirements; therefore, no specific actionis required.

**Discussion**

The NRC places a high value on nuclear industry employees being free to raise potential safety concerns to both licenseemanagement and to the NRC without fear of reprisal or actual harassment and intimidation. Section 211 of the EnergyReorganization Act (ERA), and 10 CFR 19.20, 30.7, 40.7, 50.7, 60.9, 61.9, 70.7, and 72.10, provide that no employer maydischarge or otherwise discriminate against any employee with respect to compensation, terms, conditions, or privileges ofemployment because the employee engaged in certain protected activities. These protected activities include notifying anemployer of an alleged violation of the Atomic Energy Act or ERA, refusing to engage in any practice made unlawful bythose Acts, testifying before Congress or in a Federal or State proceeding regarding any provision of these Acts, orcommencing, testifying, assisting, or participating in any proceeding under these Acts. Licensees and contractors areresponsible for ensuring that discrimination does not occur against its employees for engaging in such protected activities.Licensees and contractors who discriminate against their employees for the employees' protected activities are subject tosanctions by the NRC. These sanctions include Notices of Violation and Civil Penalties.

In addition, under the Deliberate Misconduct Rule (see, e.g., 10 CFR 30.10 and 10 CFR 50.5), licensee and contractoremployees, including senior managers, are subject to sanctions by the NRC for discrimination against other employees forthese employees' protected activities. These sanctions include Orders barring individuals from licensed activities.Significant NRC enforcement actions are published in NUREG-0940 and can be accessed through the NRC Office ofEnforcement's Home Page at www.nrc.gov/OE.

**Descriptions of Significant 1997 Enforcement Actions and Sanctions**

No specific action or written response is required by this information notice. If you have any questions about this matter,please call the contact listed below or the appropriate NRC regional office.

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