U.S. Nuclear Regulatory Commission

Requests by Reactor Licensees That Women Inspectors Sign Statements That They are not Pregnant

HPPOS-249 PDR-9206260114

Title: Requests by Reactor Licensees That Women Inspectors

Sign Statements That They are not Pregnant

See the memoranda from F. J. Congel to M. R. Knapp (and

others) dated March 4, 1992, and from R. E. Cunningham to

M. R. Knapp (and others) dated April 1, 1992. It is OGC

opinion that a licensee request for a female inspector to

sign a statement that she is not pregnant is not

appropriate and is inconsistent with the law. A licensee

denial of site access to a female inspector because she

refuses to sign such a statement is a clear violation of

federal regulations.

Licensee denial of site access to a female inspector who

refuses to sign a statement that she is not pregnant is a

violation of 10 CFR 30.52 (a), 40.62 (a), or 70.55 (a).

These regulations require each licensee to "... afford to

the Commission at all reasonable times, opportunity to

inspect..." byproduct, source, or special nuclear material

and the premises and facilities where such material is

used, produced or stored.

At Part 70 licensee facilities, licensee denial of site

access to an inspector who refuses to sign such statements

would be a violation of 10 CFR 70.55 (c) (3). This

regulation requires the licensee to provide immediate

unfettered access to the inspector following proper

identification and compliance with applicable access

control measures for security, radiological protection, and

personal safety.

Regulatory references: 10 CFR 30.52, 10 CFR 40.62, 10 CFR

50.70, 10 CFR 70.55

Subject codes: 8.11, 12.9, 12.18

Applicability: All