NRC Enforcement Policy, 12908-12909 [05-5119]

Download as PDF 12908 Federal Register / Vol. 70, No. 50 / Wednesday, March 16, 2005 / Notices System (RPS) and Engineered Safeguards Protective System (ESPS) with a digital computer-based RPS and ESPS. Before issuance of the proposed license amendment, the Commission will have made findings required by the Atomic Energy Act of 1954, as amended (the Act), and the Commission’s regulations. Within 60 days after the date of publication of this notice, the licensee may file a request for a hearing with respect to issuance of the amendment to the subject facility operating license and any person whose interest may be affected by this proceeding and who wishes to participate as a party in the proceeding must file a written request for a hearing and a petition for leave to intervene. Requests for a hearing and a petition for leave to intervene shall be filed in accordance with the Commission’s ‘‘Rules of Practice for Domestic Licensing Proceedings’’ in 10 CFR Part 2. Interested persons should consult a current copy of 10 CFR 2.309, which is available at the Commission’s public document record (PDR), located at One White Flint North, Public File Area 01F21, 11555 Rockville Pike (first floor), Rockville, Maryland. Publicly available records will be accessible from the Agencywide Documents Access and Management System’s (ADAMS) Public Electronic Reading Room on the Internet at the NRC Web site, https:// www.nrc.gov/reading-rm/doccollections/cfr/. If a request for a hearing or petition for leave to intervene is filed by the above date, the Commission or a presiding officer designated by the Commission or by the Chief Administrative Judge of the Atomic Safety and Licensing Board Panel, will rule on the request and/or petition; and the Secretary or the Chief Administrative Judge of the Atomic Safety and Licensing Board will issue a notice of a hearing or an appropriate order. As required by 10 CFR 2.309, a petition for leave to intervene shall set forth with particularity the interest of the petitioner/requestor in the proceeding, and how that interest may be affected by the results of the proceeding. The petition should specifically explain the reasons why intervention should be permitted with particular reference to the following general requirements: (1) The name, address and telephone number of the requestor or petitioner; (2) the nature of the requestor’s/petitioner’s right under the Act to be made a party to the proceeding; (3) the nature and extent of the requestor’s/petitioner’s property, financial, or other interest in the VerDate jul<14>2003 16:45 Mar 15, 2005 Jkt 205001 proceeding; and (4) the possible effect of any decision or order which may be entered in the proceeding on the requestor’s/petitioner’s interest. The petition must also identify the specific contentions which the petitioner/ requestor seeks to have litigated at the proceeding. Each contention must consist of a specific statement of the issue of law or fact to be raised or controverted. In addition, the petitioner/requestor shall provide a brief explanation of the bases for the contention and a concise statement of the alleged facts or expert opinion which support the contention and on which the petitioner intends to rely in proving the contention at the hearing. The petitioner must also provide references to those specific sources and documents of which the petitioner is aware and on which the petitioner intends to rely to establish those facts or expert opinion. The petition must include sufficient information to show that a genuine dispute exists with the applicant on a material issue of law or fact. Contentions shall be limited to matters within the scope of the amendment under consideration. The contention must be one which, if proven, would entitle the petitioner/requestor to relief. A petitioner/requestor who fails to satisfy these requirements with respect to at least one contention will not be permitted to participate as a party. Those permitted to intervene become parties to the proceeding, subject to any limitations in the order granting leave to intervene, and have the opportunity to participate fully in the conduct of the hearing. Nontimely requests and/or petitions and contentions will not be entertained absent a determination by the Commission or the presiding officer of the Atomic Safety and Licensing Board that the petition, request and/or the contentions should be granted based on a balancing of the factors specified in 10 CFR 2.309(a)(1)(i)–(viii). A request for a hearing or a petition for leave to intervene must be filed by: (1) First class mail addressed to the Office of the Secretary of the Commission, Nuclear Regulatory Commission, Washington, DC 20555– 0001, Attention: Rulemaking and Adjudications Staff; (2) courier, express mail, and expedited delivery services: Office of the Secretary, Sixteenth Floor, One White Flint North, 11555 Rockville Pike, Rockville, Maryland, 20852, Attention: Rulemaking and Adjudications Staff; (3) E-mail addressed to the Office of the Secretary, Nuclear Regulatory Commission, hearingdocket@nrc.gov; or (4) facsimile PO 00000 Frm 00073 Fmt 4703 Sfmt 4703 transmission addressed to the Office of the Secretary, Nuclear Regulatory Commission, Washington, DC, Attention: Rulemakings and Adjudications Staff at (301) 415–1101, verification number is (301) 415–1966. A copy of the request for hearing and petition for leave to intervene should also be sent to the Office of the General Counsel, U.S. Nuclear Regulatory Commission, Washington, DC 20555– 0001, and it is requested that copies be transmitted either by means of facsimile transmission to 301–415–3725 or by email to OGCMailCenter@nrc.gov. A copy of the request for hearing and petition for leave to intervene should also be sent Anne W. Cottingham, Winston and Strawn LPP, 1400 L Street, NW., Washington, DC 20005, attorney for the licensee. For further details with respect to this action, see the application for amendment dated February 14, 2005, which is available for public inspection at the Commission’s PDR, located at One White Flint North, Public File Area O1 F21, 11555 Rockville Pike (first floor), Rockville, Maryland. Publicly available records will be accessible electronically from the Agencywide Documents Access and Management System’s (ADAMS) Public Electronic Reading Room on the Internet at the NRC Web site, https://www.nrc.gov/ reading-rm/adams.html. Persons who do not have access to ADAMS or who encounter problems in accessing the documents located in ADAMS, should contact the NRC PDR Reference staff by telephone at 1–800–397–4209, 301– 415–4737, or by e-mail to pdr@nrc.gov. Dated at Rockville, Maryland, this 3rd day of March 2005. For the Nuclear Regulatory Commission. Leonard N. Olshan, Project Manager, Section 1, Project Directorate II, Division of Licensing Project Management, Office of Nuclear Reactor Regulation. [FR Doc. 05–5122 Filed 3–15–05; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [NUREG–1600] NRC Enforcement Policy Nuclear Regulatory Commission. ACTION: Policy statement. AGENCY: SUMMARY: The Nuclear Regulatory Commission (NRC) is announcing its intent to use the NRC public Web site and the NRC’s Agencywide Documents Access and Management System E:\FR\FM\16MRN1.SGM 16MRN1 Federal Register / Vol. 70, No. 50 / Wednesday, March 16, 2005 / Notices (ADAMS) to communicate its ‘‘General Statement of Policy and Procedure for NRC Enforcement Actions— Enforcement Policy,’’ to discontinue publication of the paper document, NUREG–1600, and to simplify the official policy statement title. The NRC is taking these actions because the policy statement is available electronically on the NRC public Web site and is widely known as the ‘‘NRC Enforcement Policy.’’ DATES: Comments on this initiative may be submitted on or before April 15, 2005. ADDRESSES: Submit written comments to: Michael T. Lesar, Chief, Rules and Directives Branch, Division of Administrative Services, Office of Administration, Mail Stop: T6D59, U. S. Nuclear Regulatory Commission, Washington, DC 20555–0001. Hand deliver comments to: 11555 Rockville Pike, Rockville, Maryland, between 7:30 a.m. and 4:15 p.m., Federal workdays. Copies of comments received may be examined at the NRC Public Document Room, Room O1F21, 11555 Rockville Pike, Rockville, MD. You may also email comments to nrcrep@nrc.gov. FOR FURTHER INFORMATION CONTACT: ´ Renee Pedersen, Senior Enforcement Specialist, Office of Enforcement, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001, (301) 415– 2742, e-mail rmp@nrc.gov. SUPPLEMENTARY INFORMATION: The Commission first published its ‘‘General Statement of Policy and Procedure for NRC Enforcement Actions— Enforcement Policy,’’ (Enforcement Policy) on October 7, 1980 (45 FR 66754). The Policy was codified as Appendix C to Part 2 of Title 10 of the Code of Federal Regulations to provide widespread dissemination. However, the Enforcement Policy has always included a statement recognizing that it is a policy statement and not a regulation. An underlying basis of the Enforcement Policy reflected throughout it is that the determination of the appropriate sanction requires the exercise of discretion such that each action is tailored to the particular factual situation. On June 30, 1995, the NRC announced that it was removing the Enforcement Policy from the Code of Federal Regulations (60 FR 34380). This action was part of an enforcement program review, to avoid any interpretation that the policy should be construed as a regulation. To continue to ensure widespread dissemination, the NRC published the Enforcement Policy in its NUREG-series publications as NUREG– 1600 and continued to publish revisions VerDate jul<14>2003 16:45 Mar 15, 2005 Jkt 205001 to the Enforcement Policy in the Federal Register. NUREG–1600 was first published in July of 1995. The last complete revision that was issued as a NUREG-series publication (NUREG– 1600) was dated May 1, 2000. However, the Enforcement Policy has been revised on multiple occasions (as published in the Federal Register) without being republished as a NUREG document. The NRC maintains the current Enforcement Policy on its Web site at https://www.nrc.gov, select What We Do, Enforcement, then Enforcement Policy. The Enforcement Web site also includes a history of the Enforcement Policy by including and/or referencing the Federal Register notice for each policy revision since it was first published in 1980. This section of the Web site will continue to be updated with any future revisions to the Enforcement Policy. Preparation and publication of the NUREG is costly and consumes resources, personnel, and paper. The Commission believes that widespread dissemination of the NRC’s Enforcement Policy can now be accomplished more effectively and efficiently by posting it on the NRC public Web site and maintaining it in ADAMS. Continuing to publish material in hard copy when the information is currently and promptly available electronically is not consistent with the Congressional mandate to maximize the value of Information Technology acquisitions and the direction the NRC has taken with its implementation of ADAMS. The staff will continue to publish revisions to the Enforcement Policy in the Federal Register. Additionally, the staff will continue its practice of sending printed copies of the most current Enforcement Policy to those licensees and individuals being considered for significant enforcement action who may not have access to the Web site; and to any interested stakeholder upon request. On July 13, 2000, the NRC made a similar announcement in the Federal Register proposing to discontinue publishing NUREG–0940, ‘‘Enforcement Actions: Significant Actions Resolved,’’ (65 FR 43383). The NRC only received comments supporting this initiative. For the above reasons, the Commission believes that publication of NUREG–1600 is no longer needed. In addition, in keeping with plain English initiatives, the staff believes that it is appropriate to simplify the official title from, ‘‘General Statement of Policy and Procedure for NRC Enforcement Actions—Enforcement Policy,’’ to ‘‘NRC Enforcement Policy.’’ PO 00000 Frm 00074 Fmt 4703 Sfmt 4703 12909 Dated at Rockville, MD, this 10th day of March, 2005. For the Nuclear Regulatory Commission. Annette L. Vietti-Cook, Secretary of the Commission. [FR Doc. 05–5119 Filed 3–15–05; 8:45 am] BILLING CODE 7590–01–P SECURITIES AND EXCHANGE COMMISSION [Investment Company Act Release No. 26781; 812–12901] The Brazilian Equity Fund, Inc., et al.; Notice of Application March 9, 2005. Securities and Exchange Commission (‘‘Commission’’). ACTION: Notice of an application under section 17(b) of the Investment Company Act of 1940 (the ‘‘Act’’) for an exemption from section 17(a) of the Act and under rule 17d–1 under the Act to permit certain joint transactions. AGENCY: Applicants request an order permitting the proposed settlement of certain litigation in which the applicants are named as defendants. APPLICANTS: The Brazilian Equity Fund, Inc. (‘‘Fund’’), Credit Suisse Asset Management, LLC (‘‘Adviser’’), Enrique R. Arzac (‘‘Arzac’’), James J. Cattano (‘‘Cattano’’), George W. Landau (‘‘Landau’’), Martin M. Torino (‘‘Torino’’) and Richard W. Watt (‘‘Watt,’’ and together with Arzac, Cattano, Landau and Torino, the ‘‘Director Applicants’’). FILING DATES: The application was filed on November 8, 2002 and amended on February 15, 2005. HEARING OR NOTIFICATION OF HEARING: An order granting the application will be issued unless the Commission orders a hearing. Interested persons may request a hearing by writing to the Commission’s Secretary and serving applicants with a copy of the request, personally or by mail. Hearing requests should be received by the Commission by 5:30 p.m. on March 30, 2005, and should be accompanied by proof of service on the applicants, in the form of an affidavit, or, for lawyers, a certificate of service. Hearing requests should state the nature of the writer’s interest, the reason for the request, and the issues contested. Persons who wish to be notified of a hearing may request notification by writing to the Commission’s Secretary. ADDRESSES: Secretary, Commission, 450 Fifth Street, NW., Washington, DC SUMMARY OF APPLICATION: E:\FR\FM\16MRN1.SGM 16MRN1

Agencies

[Federal Register Volume 70, Number 50 (Wednesday, March 16, 2005)]
[Notices]
[Pages 12908-12909]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-5119]


-----------------------------------------------------------------------

NUCLEAR REGULATORY COMMISSION

[NUREG-1600]


NRC Enforcement Policy

AGENCY: Nuclear Regulatory Commission.

ACTION: Policy statement.

-----------------------------------------------------------------------

SUMMARY: The Nuclear Regulatory Commission (NRC) is announcing its 
intent to use the NRC public Web site and the NRC's Agencywide 
Documents Access and Management System

[[Page 12909]]

(ADAMS) to communicate its ``General Statement of Policy and Procedure 
for NRC Enforcement Actions--Enforcement Policy,'' to discontinue 
publication of the paper document, NUREG-1600, and to simplify the 
official policy statement title. The NRC is taking these actions 
because the policy statement is available electronically on the NRC 
public Web site and is widely known as the ``NRC Enforcement Policy.''

DATES: Comments on this initiative may be submitted on or before April 
15, 2005.

ADDRESSES: Submit written comments to: Michael T. Lesar, Chief, Rules 
and Directives Branch, Division of Administrative Services, Office of 
Administration, Mail Stop: T6D59, U. S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001. Hand deliver comments to: 11555 Rockville 
Pike, Rockville, Maryland, between 7:30 a.m. and 4:15 p.m., Federal 
workdays. Copies of comments received may be examined at the NRC Public 
Document Room, Room O1F21, 11555 Rockville Pike, Rockville, MD. You may 
also e-mail comments to nrcrep@nrc.gov.

FOR FURTHER INFORMATION CONTACT: Ren[eacute]e Pedersen, Senior 
Enforcement Specialist, Office of Enforcement, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001, (301) 415-2742, e-mail 
rmp@nrc.gov.

SUPPLEMENTARY INFORMATION: The Commission first published its ``General 
Statement of Policy and Procedure for NRC Enforcement Actions--
Enforcement Policy,'' (Enforcement Policy) on October 7, 1980 (45 FR 
66754). The Policy was codified as Appendix C to Part 2 of Title 10 of 
the Code of Federal Regulations to provide widespread dissemination. 
However, the Enforcement Policy has always included a statement 
recognizing that it is a policy statement and not a regulation. An 
underlying basis of the Enforcement Policy reflected throughout it is 
that the determination of the appropriate sanction requires the 
exercise of discretion such that each action is tailored to the 
particular factual situation.
    On June 30, 1995, the NRC announced that it was removing the 
Enforcement Policy from the Code of Federal Regulations (60 FR 34380). 
This action was part of an enforcement program review, to avoid any 
interpretation that the policy should be construed as a regulation. To 
continue to ensure widespread dissemination, the NRC published the 
Enforcement Policy in its NUREG-series publications as NUREG-1600 and 
continued to publish revisions to the Enforcement Policy in the Federal 
Register. NUREG-1600 was first published in July of 1995. The last 
complete revision that was issued as a NUREG-series publication (NUREG-
1600) was dated May 1, 2000. However, the Enforcement Policy has been 
revised on multiple occasions (as published in the Federal Register) 
without being republished as a NUREG document.
    The NRC maintains the current Enforcement Policy on its Web site at 
https://www.nrc.gov, select What We Do, Enforcement, then Enforcement 
Policy. The Enforcement Web site also includes a history of the 
Enforcement Policy by including and/or referencing the Federal Register 
notice for each policy revision since it was first published in 1980. 
This section of the Web site will continue to be updated with any 
future revisions to the Enforcement Policy.
    Preparation and publication of the NUREG is costly and consumes 
resources, personnel, and paper. The Commission believes that 
widespread dissemination of the NRC's Enforcement Policy can now be 
accomplished more effectively and efficiently by posting it on the NRC 
public Web site and maintaining it in ADAMS. Continuing to publish 
material in hard copy when the information is currently and promptly 
available electronically is not consistent with the Congressional 
mandate to maximize the value of Information Technology acquisitions 
and the direction the NRC has taken with its implementation of ADAMS. 
The staff will continue to publish revisions to the Enforcement Policy 
in the Federal Register. Additionally, the staff will continue its 
practice of sending printed copies of the most current Enforcement 
Policy to those licensees and individuals being considered for 
significant enforcement action who may not have access to the Web site; 
and to any interested stakeholder upon request.
    On July 13, 2000, the NRC made a similar announcement in the 
Federal Register proposing to discontinue publishing NUREG-0940, 
``Enforcement Actions: Significant Actions Resolved,'' (65 FR 43383). 
The NRC only received comments supporting this initiative.
    For the above reasons, the Commission believes that publication of 
NUREG-1600 is no longer needed. In addition, in keeping with plain 
English initiatives, the staff believes that it is appropriate to 
simplify the official title from, ``General Statement of Policy and 
Procedure for NRC Enforcement Actions--Enforcement Policy,'' to ``NRC 
Enforcement Policy.''

    Dated at Rockville, MD, this 10th day of March, 2005.
    For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.
[FR Doc. 05-5119 Filed 3-15-05; 8:45 am]
BILLING CODE 7590-01-P
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