
[Code of Federal Regulations]
[Title 10, Volume 1]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 10CFR15]

[Page 293-294]
 
                            TITLE 10--ENERGY
 
                CHAPTER I--NUCLEAR REGULATORY COMMISSION
 
PART 15--DEBT COLLECTION PROCEDURES--Table of Contents
 
Subpart C--Compromise of a Claim

Sec. 15.41  When a claim may be compromised.

    The NRC may compromise a claim not in excess of the monetary 
limitation if it has not been referred to GAO or to DOJ for litigation. 
Only the Comptroller General of the United States or designee may effect 
the compromise of a claim that arises out of an exception made by the 
GAO in the account of an accountable officer, including a claim against 
the payee, prior to its referral by GAO for litigation.

[55 FR 32380, Aug. 9, 1990]

Sec. 15.43  Reasons for compromising a claim.

    A claim may be compromised for one or more of the reasons set forth 
below:
    (a) The full amount cannot be collected because:
    (1) The debtor is unable to pay the full amount within a reasonable 
time; or
    (2) The debtor refuses to pay the claim in full and the Government 
is unable to enforce collection in full within

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a reasonable time by enforced collection proceedings.
    (b) There is a real doubt concerning the Government's ability to 
prove its case in Court for the full amount claimed, either because of 
the legal issues involved or a bona fide dispute as to the facts.
    (c) The cost of collecting the claim does not justify the enforced 
collection of the full amount. The NRC shall apply this reason for 
compromise in accordance with the guidance in 4 CFR 103.4.
    (d) The NRC shall determine the debtor's inability to pay, the 
Government's ability to enforce collection, and the amounts which are 
acceptable in compromise in accordance with the Federal Claims 
Collection Standards, 4 CFR part 103.
    (e) Compromises payable in installments are discouraged, but, if 
necessary, must be in the form of a legally enforceable agreement for 
the reinstatement of the prior indebtedness less sums paid thereon. The 
agreement also must provide that in the event of default--
    (1) The entire balance of the debt becomes immediately due and 
payable; and
    (2) The Government has the right to enforce any security interest.

[47 FR 7616, Feb. 22, 1982, as amended at 55 FR 32380, Aug. 9, 1990]

Sec. 15.45  Restrictions on the compromise of a claim.

    (a) The NRC may not accept a percentage of a debtor's profits nor 
stock in a debtor corporation in compromise of a claim. In negotiating a 
compromise with a business concern, consideration is given to requiring 
a waiver of the tax-loss-carry-forward and tax-loss-carry-back rights of 
the debtor.
    (b) If two or more debtors are jointly and severally liable, 
collection action is not withheld against one debtor until the other or 
others pay their proportionate share. The amount of a compromise with 
one debtor is not considered a precedent or as morally binding in 
determining the amount which will be required from other debtors jointly 
and severally liable on the claim.

[47 FR 7616, Feb. 22, 1982, as amended at 55 FR 32380, Aug. 9, 1990]

Sec. 15.47  Finality of a compromise.

    An offer of compromise must be in writing and signed by the debtor. 
An offer of compromise which is accepted by the NRC is final and 
conclusive on the debtor and on all officials, agencies, and courts of 
the United States, unless obtained by fraud, misrepresentation, the 
presentation of a false claim, or mutual mistake of fact.
