[Federal Register Volume 63, Number 207 (Tuesday, October 27, 1998)]
[Notices]
[Pages 57324-57325]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-28743]


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NUCLEAR REGULATORY COMMISSION


Notice of Signing of a Revised Memorandum of Understanding 
Between the NRC and the Department of Labor (DOL)

AGENCIES: Nuclear Regulatory Commission and the Department of Labor.

ACTION: Memorandum of Understanding Between the Nuclear Regulatory 
Commission and the Department of Labor.

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SUMMARY: The Nuclear Regulatory Commission and the Department of Labor 
entered into a revised Memorandum of Understanding (MOU), effective 
September 9, 1998. The purpose of the MOU is to facilitate coordination 
and cooperation concerning the employee protection provisions of 
Section 211 of the Energy Reorganization Act of 1974, as amended, 42 
U.S.C. 5851. Both agencies agree that administrative efficiency and 
sound enforcement policies will be maximized by this cooperation and 
the timely exchange of information in areas of mutual interest. The 
text of the MOU is set forth below.

FOR FURTHER INFORMATION CONTACT: Mr. Edward T. Baker, telephone 301-
415-8529. Office of Nuclear Reactor Regulation, MS O-5E-7, U.S. Nuclear 
Regulatory Commission, Washington, D.C. 20555.

    Dated at Rockville, Maryland, this 21st day of October 1998.

    For the Nuclear Regulatory Commission.
Edward T. Baker III,
Agency Allegation Advisor, Office of Nuclear Reactor Regulation.

Memorandum of Understanding Between the Department of Labor and the 
Nuclear Regulatory Commission; Cooperation Regarding Employee 
Protection Matters

1. Purpose

    The U.S. Nuclear Regulatory Commission (NRC) and the Department of 
Labor (DOL) enter into this agreement to facilitate coordination and 
cooperation concerning the employee protection provisions of Section 
211 of the Energy Reorganization Act of 1974 (ERA), as amended, 42 
U.S.C. 5851.

2. Background

    Section 211 of the ERA prohibits any employer, including a Nuclear 
Regulatory Commission licensee, license applicant or a contractor or 
subcontractor of a Commission licensee or applicant, from 
discriminating against any employee with respect to his or her 
compensation, terms, conditions or privileges of employment because the 
employee assisted or participated, or is about to assist or participate 
in any manner in any action to carry out the purposes of either the ERA 
or the Atomic Energy Act of 1954 (AEA), as amended, 42 U.S.C. 2011 et 
sec.
    The NRC and DOL have complementary responsibilities in the area of 
employee protection. DOL has the responsibility under Section 211 of 
the ERA to investigate employee complaints of discrimination and may, 
after an investigation or hearing, order a violator to take affirmative 
action to abate the violation, reinstate the complainant to his or her 
former position with back pay, and award compensatory damages, 
including attorney fees. NRC, although without authority to provide a 
remedy to an employee, has independent authority under the AEA to take 
appropriate enforcement action against Commission applicants and 
licensees and their contractors that violate the AEA or Commission 
requirements, (i.e., 10 CFR 50.7 and similar requirements in other 
parts of Title 10 of the Code of Federal Regulations) which prohibit 
discrimination against employees based on their engaging in protected 
activities. NRC enforcement action may include issuance of a Notice of 
Violation to the responsible applicant, licensee,

[[Page 57325]]

contractor, and/or individual; imposition of a civil penalty; issuance 
of an order removing the responsible individual from licensed 
activities; and/or license denial, suspension, modification or 
revocation.
    Although each agency will carry out its statutory responsibilities 
independently, the agencies agree that administrative efficiency and 
sound enforcement policies will be maximized by cooperation and the 
timely exchange of information in areas of mutual interest.

3. Areas of Cooperation

    a. DOL agrees to promptly notify NRC of any complaint filed with 
DOL alleging discrimination within the scope of Section 211 of the ERA 
by a Commission licensee, applicant or a contractor or subcontractor of 
a Commission licensee or applicant. DOL will provide a quarterly 
listing of Section 211 complaints received. DOL will promptly provide 
NRC a copy of all complaints, decisions made prior to a hearing, 
investigation reports, and orders associated with any hearing or 
administrative appeal on the complaint. DOL will also cooperate with 
the NRC and shall keep the NRC informed on the status of any judicial 
proceedings seeking review of an order of DOL's Administrative Review 
Board issued in a proceeding under Section 211 of the ERA.
    b. NRC and DOL agree to cooperate with each other to the fullest 
extent possible in every case of alleged discrimination involving 
employees of Commission licensees, license applicants, or contractors 
or subcontractors of Commission licensees or applicants. Every agency 
agrees to share all information it obtains concerning a particular 
complaint of discrimination and, to the extent permitted by law, will 
protect information identified as sensitive that has been supplied to 
it by the other agency. This cooperation does not require either agency 
to share information gathered during an investigation until the 
investigation is complete.
    c. For cases in which the NRC completes its investigation of a 
Section 211 complaint, and DOL's investigation is still ongoing, the 
NRC will provide the results of its investigation to the appropriate 
Occupational Safety & Health Administration (OSHA) contact, subject to 
Department of Justice (DOJ) constraints on the timing of the release of 
NRC investigation material. NRC will take all reasonable steps to 
assist DOL in obtaining access to licensed facilities and any necessary 
security clearances. Consistent with relevant statutes, NRC 
regulations, and the availability of NRC resources, the NRC will 
cooperate with DOL and make available information, agency positions, 
and agency witnesses as necessary to assist DOL in completing the 
adjudication record on complaints filed under Section 211.
    d. If the NRC receives a complaint concerning a possible violation 
of Section 211, it will inform the complainant that a personal remedy 
is available only through DOL and that the person must personally 
contact DOL in order to file a complaint. NRC will provide the 
complainant the local address and phone number of the OSHA office and 
advise the complainant that OSHA must receive the complaint within 180 
days of the alleged discrimination.
    e. Each agency shall designate and maintain points of contact 
within its headquarters and regional offices for purposes of 
implementation of the MOU. Matters affecting program and policy issues 
will be handled by the headquarters offices of the agencies.

4. Implementation

    The NRC official responsible for implementation of this agreement 
is the Chairman of the NRC. The DOL official responsible for 
implementation of this agreement is the Secretary of Labor.

5. Amendment and Termination

    This Agreement may be amended or modified upon written agreement by 
both parties to the Agreement. The Agreement may be terminated upon 
ninety (90) days written notice by either party.

6. Effective Date

    This agreement is effective when signed by both parties.
Shirley Ann Jackson,
Chairman, U.S. Nuclear Regulatory Commission.

    Dated: September 1, 1998.
Alexis Herman,
Secretary of Labor, U.S. Department of Labor.

    Dated: September 9, 1998.

[FR Doc. 98-28743 Filed 10-26-98; 8:45 am]
BILLING CODE 7590-01-M