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B-238419 1 (1990-10-09)

handle is hein.gao/gaobadnus0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: Nuclear Regulatory Commission's Authority to Mitigate Civil Penalties File: B-238419 Date: October 9, 1990 DIGEST The Nuclear Regulatory Commission (NRC) lacks authority to permit licensees who violate NRC requirements to fund nuclear safety research projects in lieu of paying monetary civil penalties. See 42 U.S.C. § 2282(a). DECISION This responds to a request from the General Counsel, Nuclear Regulatory Commission (NRC), regarding the Commission's authority to mitigate civil penalties levied against licensees who violate NRC requirements. The General Counsel asks whether NRC may permit a licensee, in lieu of paying a penalty, to fund nuclear safety research projects at universities or other nonprofit institutions. We conclude that NRC has no authority to mitigate penalties in such a manner. BACKGROUND Pursuant to the Atomic Energy Act of 1954, as amended, 42 U.S.C. § 2011, and the Energy Reorganization Act of 1974, as amended, 42 U.S.C. § 5811, the NRC carries out an enforcement program to promote and protect the radiological health and safety of the public. Section 234 of the Atomic Energy Act of 1954, as amended, 42 U.S.C. § 2282, authorizes the NRC to impose civil penalties, not to exceed $100,000 per violation per day, for the violation of certain specified licensing provisions of the act, rules, orders, and license terms implementing these provisions, and for violations for which licenses can be revoked. Section 234 also authorizes the NRC to mitigate such penalties. In this regard, the NRC proposes to mitigate civil penalties by permitting violators to fund nuclear safety research projects. The NRC notes that it has authority under section 31 of the Atomic Energy Act of 1954, as amended, 42 U.S.C. § 2051(a), to award contracts to nonprofit educational institutions to conduct nuclear safety-related research. As part of an effort to expand its research j__ Li A,'

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