Nuclear Regulatory Commission February 11, 2014 – Federal Register Recent Federal Regulation Documents

Deliberate Misconduct Rule and Hearings on Challenges to the Immediate Effectiveness of Orders
Document Number: 2014-02570
Type: Proposed Rule
Date: 2014-02-11
Agency: Nuclear Regulatory Commission, Agencies and Commissions
The U.S. Nuclear Regulatory Commission (NRC) is proposing to amend its regulations concerning deliberate misconduct by licensees and other persons otherwise subject to the NRC's jurisdiction (known as the ``Deliberate Misconduct Rule'') and its regulations concerning challenges to immediately effective orders issued by the NRC. This proposed rule would incorporate the concept of ``deliberate ignorance'' as an additional basis on which to take enforcement action against persons who violate any of the NRC's Deliberate Misconduct Rule provisions. The NRC is also proposing to amend its regulations regarding challenges to the immediate effectiveness of NRC enforcement orders to clarify that the NRC staff has the burden of persuasion in showing that adequate evidence supports the grounds for the order and that immediate effectiveness is warranted and to clarify the authority of the NRC's presiding officer to order live testimony in resolving these challenges.