An NRC proposal to amend its deliberate misconduct rule, as well as its regulations regarding challenges to immediately effective orders, was published in the February Ⅱ Federal Register. The proposed rule would incorporate the notion of "deliberate ignorance" into the deliberate misconduct rule, providing an additional basis upon which the Nuclear Regulatory Commission can take enforcement action. Also, the FR notice states, the proposed rule would amend regulations concerning challenges to the immediate effectiveness of NRC enforcement orders in order 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.
展开▼
