42 U.S.C. § 5846: Compliance with safety…

Summary

People in charge at companies that build, own, run, or supply parts for nuclear facilities must immediately tell the Nuclear Regulatory Commission if they learn the facility or parts are not following the Atomic Energy Act or the Commission’s safety rules, or if they find a defect that could cause a major safety hazard. The Commission will set the official definition of "substantial safety hazard." They do not need to report if they already know the Commission has been told. If someone knowingly refuses to report, they can be fined the amount set in section 234 of the Atomic Energy Act of 1954 (42 U.S.C. 2282). The rule must be posted where people at any licensed or regulated facility can see it. The Commission may do inspections and other enforcement actions to make sure these requirements are met.

Title 42, §5846

The Public Health and Welfare, Source: USLM XML via OLRC

(a)Notification to Commission of noncompliance

Any individual director, or responsible officer of a firm constructing, owning, operating, or supplying the components of any facility or activity which is licensed or otherwise regulated pursuant to the Atomic Energy Act of 1954 as amended [42 U.S.C. 2011 et seq.], or pursuant to this chapter, who obtains information reasonably indicating that such facility or activity or basic components supplied to such facility or activity—

(1)fails to comply with the Atomic Energy Act of 1954, as amended, or any applicable rule, regulation, order, or license of the Commission relating to substantial safety hazards, or

(2)contains a defect which could create a substantial safety hazard, as defined by regulations which the Commission shall promulgate,

shall immediately notify the Commission of such failure to comply, or of such defect, unless such person has actual knowledge that the Commission has been adequately informed of such defect or failure to comply.

(b)Penalty for failure to notify

Any person who knowingly and consciously fails to provide the notice required by subsection (a) of this section shall be subject to a civil penalty in an amount equal to the amount provided by section 234 of the Atomic Energy Act of 1954, as amended [42 U.S.C. 2282].

(c)Posting of requirements

The requirements of this section shall be prominently posted on the premises of any facility licensed or otherwise regulated pursuant to the Atomic Energy Act of 1954, as amended [42 U.S.C. 2011 et seq.].

(d)Inspection and enforcement

The Commission is authorized to conduct such reasonable inspections and other enforcement activities as needed to insure compliance with the provisions of this section.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Atomic Energy Act of 1954, referred to in subsecs. (a) and (c), is act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919, which is classified principally to chapter 23 (§ 2011 et seq.) of this title. For complete classification of this Act to the Code, see

Short Title

note set out under section 2011 of this title and Tables. This chapter, referred to in subsec. (a), was in the original “this Act”, meaning Pub. L. 93–438, Oct. 11, 1974, 88 Stat. 1233, known as the Energy Reorganization Act of 1974, which is classified principally to this chapter. For complete classification of this Act to the Code, see

Short Title

note set out under section 5801 of this title and Tables.

Executive Documents

Transfer of Functions

For transfer of certain functions from Nuclear Regulatory Commission to Chairman thereof, see Reorg. Plan No. 1 of 1980, 45 F.R. 40561, 94 Stat. 3585, set out as a note under section 5841 of this title.

§5846 Compliance with Safety Regulations

Summary

Title 42, §5846

Notes & Related Subsidiaries

Editorial Notes

References in Text

Short Title

Short Title

Executive Documents

Transfer of Functions

Citations & Metadata