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IN RESPONSE, PLEASE
REFER TO:  M071024A

October 24, 2007

1. SECY-07-0158 - Final Rule - Clarification Of NRC Civil Penalty Authority Over Contractors and Subcontractors Who Discriminate Against Employees for Engaging in Protected Activities (RIN 3150-AH59)

The Commission approved a final rule amending the Commission’s employee protection regulations in Title 10 of the Code of Federal Regulations to approve the Enforcement Policy Revision to allow the Commission to exercise its authority to impose civil penalties against contractors and subcontractors who violate the employee protection regulations.

Following incorporation of the changes noted in the attachment, 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.

Any significant adverse trends in licensee or applicant oversight of contractors and subcontractors should be brought to the attention of the Commission.

In its reevaluation of the Category D designation, the staff should coordinate with Agreement States so that the reevaluation is fully informed by Agreement States' views.

2. SECY-07-0171 - Pa'ina Hawaii, LLC (Material License Application)

The Commission approved a Memorandum and Order calling for the parties’ briefs on two questions the Atomic Safety and Licensing Board certified to the Commission in a Memorandum on August 31, 2007.  The Memorandum and Order provides deadlines and format requirements for initial and reply briefs by the parties.

(Subsequently, on October 24, 2007, the Secretary signed the Memorandum and Order.)

Attachment: Changes to the Final Rule in SECY-07-0158

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Thursday, October 25, 2007