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IN RESPONSE, PLEASE
REFER TO: M000913

September 13, 2000

The Commission approved a final rule, with the attached changes, amending 10 CFR 2.205 by adjusting the maximum civil penalty per violation under the Atomic Energy Act of 1954, as amended, from $110,000 to $120,000 and amending 10 CFR 13.3(a)(1) and (b)(1) by adjusting the civil monetary penalty for violations of the Program Fraud Civil Remedies Act from $5,500 to $6,000. This final rule also makes a minor change to 10 CFR 1.23(e) to reflect the long-standing OGC practice of only providing legal advice to NRC staff upon request on agency procurement matters. Finally, the rule amends 10 CFR 13.2 by revising the designation of NRC "Reviewing Official" for the purposes of the Program Fraud Civil Remedies Act.

Following incorporation of these changes, the Federal Register notice should be reviewed by the Rules Review and Directives Branch in the Office of Administration and forwarded to the Office of the Secretary for signature and publication.

The Commission also approved publication of the revised Enforcement Policy in the Federal Register.

The Commission approved a Memorandum and Order responding to a petition filed by Connecticut Coalition Against Millstone and the Long Island Coalition Against Millstone seeking a hearing under 10 CFR Part 2, Subpart M, on an application for an indirect transfer of the operating licenses for the Millstone Nuclear Power Station, Units 1, 2, and 3, and a request for stay of the NRC staff's August 22 order approving the indirect transfer and for an independent investigation of the circumstances surrounding the staff's decision. The Memorandum and Order denies the petition for hearing, application for stay, and request for an independent investigation, and terminates the proceeding.

(Subsequently, on September 13, 2000, the Secretary signed the Memorandum and Order.)

The Commission approved a Memorandum and Order responding to a motion by the North American Water Office and Ms. Carol Overland for reconsideration of CLI-00-14. The Memorandum and Order denies the motion for reconsideration.

(Subsequently, on September 13, 2000, the Secretary signed the Memorandum and Order.)

ATTACHMENT

Changes to the Federal Register Notice in SECY-00-0179

1. On page 6, paragraph VI, revise line 4 to read ' ... Federal Civil Penalties Inflation Adjustment Act of 1990 (Pub. L. No. 101-410, 104 stat. 890), as amended by the ....'
   
   
2. On page 8, paragraph X, revise line 2 to read ' ... as defined in 10 CFR Chapter I 50.109(a)(1) ; therefore, a backfit analysis ....'
   
   
3. On page 9, 1^st full paragraph, revise line 2 to read ' ... as amended, the Federal Civil Penalties Inflation Adjustment Act ....'

1. Section 201 of the Energy Reorganization Act, 42 U.S.C. Section 5841, provides that action of the Commission shall be determined by a "majority vote of the members present." Commissioner Dicus was not present when these items were affirmed. Accordingly the formal vote of the Commission was 4-0 in favor of the decisions. Commissioner Dicus, however, had previously indicated that she would approve these papers and had she been present she would have affirmed her prior votes.