[Code of Federal Regulations]
[Title 10, Volume 4]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 10CFR820.21]

[Page 496-497]
 
                            TITLE 10--ENERGY
 
                    CHAPTER III--DEPARTMENT OF ENERGY
 
PART 820_PROCEDURAL RULES FOR DOE NUCLEAR ACTIVITIES--Table of Contents
 
                      Subpart B_Enforcement Process
 
Sec. 820.21  Investigations.

    (a) The Director may initiate and conduct investigations and 
inspections relating to the scope, nature and extent of compliance by a 
person with the Act and the DOE Nuclear Safety Requirements and take 
such action as he deems necessary and appropriate to the conduct of the 
investigation or inspection, including any action pursuant to Sec. 
820.8.
    (b) Any person may request the Director to initiate an investigation 
or inspection pursuant to paragraph (a) of this section. A request for 
an investigation or inspection shall set forth the subject matter or 
activity to be investigated or inspected as fully as possible and 
include supporting documentation and information. No particular forms or 
procedures are required.
    (c) Any person who is requested to furnish documentary evidence, 
information or testimony in an investigation or during an inspection 
shall be informed, upon written request, of the general purpose of the 
investigation or inspection.
    (d) Information or documents that are obtained during any 
investigation or inspection shall not be disclosed unless the Director 
directs or authorizes the public disclosure of the investigation. Upon 
such authorization, the information or documents are a matter of public 
record and disclosure is not precluded by the Freedom of Information 
Act, 5 U.S.C. 552 and 10 CFR part 1004. A request for confidential 
treatment of information for purposes of the Freedom of Information Act 
shall not prevent disclosure by the Director if disclosure is determined 
to be in the public interest and otherwise permitted or required by law.
    (e) During the course of an investigation or inspection any person 
may submit at any time any document, statement of facts or memorandum of 
law for the purpose of explaining the person's position or furnish 
information which the person considers relevant to a matter or activity 
under investigation or inspection.
    (f) If facts disclosed by an investigation or inspection indicate 
that further action is unnecessary or unwarranted, the investigation may 
be closed without prejudice to further investigation or inspection by 
the Director at any time that circumstances so warrant.
    (g) The Director may issue enforcement letters that communicate 
DOE's expectations with respect to any aspect of the requirements of 
DOE's Nuclear Safety Requirements, including identification and 
reporting of issues, corrective actions, and implementation of

[[Page 497]]

DOE's Nuclear Safety Requirements, provided that an enforcement letter 
may not create the basis for any legally enforceable requirement 
pursuant to this part.
    (h) The Director may sign, issue and serve subpoenas.

[58 FR 43692, Aug. 17, 1993, as amended at 72 FR 31921, June 8, 2007]