(a) Any licensee, applicant for a license, employee of a licensee or applicant; or any contractor (including a supplier or consultant), subcontractor, employee of a contractor or subcontractor of any licensee or applicant for a license, who knowingly provides to any licensee, applicant, contractor, or subcontractor, any components, equipment, materials, or other goods or services that relate to a licensee's or applicant's activities in this part, may not:
(1) Engage in deliberate misconduct that causes or would have caused, if not detected, a licensee or applicant to be in violation of any rule, regulation, or order; or any term, condition, or limitation of any license issued by the Commission; or
(2) Deliberately submit to the NRC, a licensee, an applicant, or a licensee's or applicant's contractor or subcontractor, information that the person submitting the information knows to be incomplete or inaccurate in some respect material to the NRC.
(b) A person who violates paragraph (a)(1) or (a)(2) of this section may be subject to enforcement action in accordance with the procedures in 10 CFR part 2, subpart B.
(c) For the purposes of paragraph (a)(1) of this section, deliberate misconduct by a person means an intentional act or omission that the person knows:
(1) Would cause a licensee or applicant to be in violation of any rule, regulation, or order; or any term, condition, or limitation, of any license issued by the Commission; or
(2) Constitutes a violation of a requirement, procedure, instruction, contract, purchase order, or policy of a licensee, applicant, contractor, or subcontractor.
[63 FR 1897, Jan. 13, 1998]
Notes of Decisions
Local 97, Int'l Bhd. Of Elec. Workers, v. Niagara Mohawk Power Corp., 196 F.3d 117 (2d Cir. 1999).
· cites it 2× “In particular, based on the Arbitrator's findings one might argue that O'Hearn violated the NRC's "Deliberate Misconduct Rule," found at 10 C.F.R. 50.5(a)(1). If the failure to report the alarm formed the basis of a violation of a Nuclear Safety Rule, subsection one would be…”
Morin v. Florida Power & Light Co., 963 So. 2d 258 (Fla. 3d DCA 2007).
“nt;" FPL's Turkey Point Nuclear *260 Plant Rigging Operations Manual indicates that the supervisor/leader must be present during all critical lifts; DZNPS has a policy of providing a safe work environment and encourages employees to report safety concerns without fearing…”
Ken Pierce, Jr. v. Commonwealth Edison Co., 112 F.3d 893 (7th Cir. 1997).
“Agency staff entered an order barring Pierce from participating in activities licensed by the NRC, but the ASLB reversed after concluding that Pierce’s handling of the control rod had not violated 10 C.F.R. § 50.5 (a) or § 55.9. According to Pierce, this decision precludes…”
THERMAL Sci. v. US Nuclear Regulatory Com'n, 29 F. Supp. 2d 1068 (E.D. Mo. 1998).
· cites it 6× “205 and (2) a new regulation, 10 C.F.R. § 50.5 , which prohibited "deliberate misconduct" by both licensed and unlicensed persons with regard to licensed activities.”
Thermal Sci., Inc. v. U.S. Nuclear Regulatory Comm'n, 184 F.3d 803 (8th Cir. 1999).
“(“TSI”) for alleged violations of the NRC’s “Deliberate Misconduct,” or “Wrongdoer,” Rule, 10 C.F.R. § 50.5 . In response, TSI brought suit seeking preliminary and permanent injunctive relief against further proceedings by the agency.”
Local 97, Int'l Bhd. of Elec. Workers v. Niagara Mohawk Power Corp., 196 F.3d 117 (2d Cir. 1999).
· cites it 2× “In particular, based on the Arbitrator’s findings one might argue that O’Hearn violated the NRC’s “Deliberate Misconduct Rule,” found at 10 C.F.R. § 50.5 (a)(1): If the failure to report the alarm formed the basis of a violation of a Nuclear Safety Rule, subsection one would be…”
Flaherty v. Entergy Nuclear Operations, Inc. (D. Mass. 2018).
“By concealing his diagnosis—which undoubtedly impacted his ability to work as a security guard—Flaherty violated NRC regulations requiring that nuclear plant security personnel demonstrate trustworthiness and reliability.”
Thermal Sci. v. US Nuclear Reg. Comm (8th Cir. 1999).
“("TSI") for alleged violations of the NRC's "Deliberate Miscon- duct," or "Wrongdoer," Rule, 10 C.F.R. § 50.5 . In response, TSI brought suit seeking preliminary and permanent injunctive relief against further proceedings by the agency.”
— 10 C.F.R. § 50.5(a)(1) — 1 case
Local 97, Int'l Bhd. Of Elec. Workers, v. Niagara Mohawk Power Corp., 196 F.3d 117 (2d Cir. 1999).
“In particular, based on the Arbitrator's findings one might argue that O'Hearn violated the NRC's "Deliberate Misconduct Rule," found at 10 C.F.R. 50.5(a)(1). If the failure to report the alarm formed the basis of a violation of a Nuclear Safety Rule, subsection one would be…”
— 10 C.F.R. § 50.5(a)(2) — 1 case
Local 97, Int'l Bhd. Of Elec. Workers, v. Niagara Mohawk Power Corp., 196 F.3d 117 (2d Cir. 1999).
“In particular, based on the Arbitrator's findings one might argue that O'Hearn violated the NRC's "Deliberate Misconduct Rule," found at 10 C.F.R. 50.5(a)(1). If the failure to report the alarm formed the basis of a violation of a Nuclear Safety Rule, subsection one would be…”
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