[Federal Register Volume 64, Number 16 (Tuesday, January 26, 1999)]
[Notices]
[Pages 3986-3987]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-1701]
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NUCLEAR REGULATORY COMMISSION
Final Memorandum of Understanding Between the Nuclear Regulatory
Commission and the Department of Energy
agency: Nuclear Regulatory Commission.
action: Notice.
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summary: This notice is to advise the public of the issuance of a Final
Memorandum of Understanding (MOU) between the Nuclear Regulatory
Commission (NRC) and the Department of Energy (DOE). The purpose of the
MOU is to continue the unique statutorily founded relationship and to
update overall management policy that governs the relationship between
NRC and DOE in the conduct of NRC-funded research programs at the DOE
laboratories.
effective date: November 24, 1998.
addresses: Copies of all NRC documents are available for public
inspection, and copying for a fee, in the NRC Public Document Room,
2120 L Street, NW. (Lower Level), Washington, DC. The NRC Public
Document Room is open from 7:45 a.m. to 4:15 p.m., Monday through
Friday (except Federal holidays). Telephone service is provided from
8:30 a.m. to 4:15 p.m. at 202-634-3273 or toll-free at 1-800-397-4209.
for further information contact: Mary Lynn Scott, Office of
Administration, U.S. Nuclear Regulatory Commission, telephone 301-415-
6179, e-mail: mls2@nrc.gov.
Dated at Rockville, Maryland, this 19th day of January 1999.
For the Nuclear Regulatory Commission.
Michael L. Springer,
Director, Office of Administration.
Memorandum of Understanding Between the Nuclear Regulatory Commission
and the Department of Energy Governing Nuclear Regulatory Commission
Funded Work Performed at the Department of Energy Laboratories
I. Introduction
Section 205(c) of the Energy Reorganization Act of 1974
authorizes NRC to utilize the research facilities and services of
DOE and other federal agencies to assist NRC in the conduct of its
regulatory mission. On February 24, 1978, the Nuclear Regulatory
Commission (NRC) and the Department of Energy (DOE) executed a
Memorandum of Understanding (MOU) which established overall
management policy for an interagency relationship in the conduct of
NRC programs. This longstanding and productive relationship has
allowed each agency to more effectively meet its mission and
objectives. This document supersedes the February 24, 1978 MOU.
II. Authority
The DOE is acting pursuant to authorities conferred in the
Energy Organization Act, 42 U.S.C. Sec. 7101 et seq. (42 U.S.C.
Sec. 7151), and the Atomic Energy Act of 1954, 42 U.S.C. Sec. 2011
(42 U.S.C. Sec. Sec. 2051, 2052, 2053). The NRC is acting pursuant
to authority conferred in the Energy Reorganization Act of 1974, 42
U.S.C. Sec. 5801 et seq. (42 U.S.C. Sec. 5845 (b), (c), and (e)).
III. Purpose
The purpose of this MOU is to continue the unique statutorily
founded relationship and to update overall management policy which
governs the relationship between NRC and DOE in the conduct of NRC-
funded research programs at the DOE laboratories. Specifically, this
MOU provides for the following:
1. Priority. That NRC/DOE interagency activities will be
conducted at DOE facilities based on a priority mutually agreeable
to both agencies.
2. Independent Access. The NRC will have access to DOE's
facilities as necessary to review and monitor project scope,
schedule and funding.
3. Communication. That NRC and DOE will establish distinct lines
of communication at various levels, as necessary, to ensure
efficient and effective management of resources.
This MOU does not cover those activities and projects described
in the January 15, 1997, MOU, entitled, ``Memorandum of
Understanding between the Department of Energy and the Nuclear
Regulatory Commission for Cooperation and Support of Significant
Projects and Activities.'' It is intended that each MOU coexist
concurrently with each other. This MOU also does not cover any
activities associated with external regulation of DOE facilities by
NRC. This MOU shall not be used to obligate or commit funds or as
the basis for transfer of funds between the agencies.
IV. Agreements Between Parties
A. Business Practices Associated with NRC Work Performed by DOE
Laboratories
All NRC funded work performed at the DOE laboratories shall be
administered in accordance with standard NRC and DOE policies and
procedures as agreed to and implemented by each agency. The DOE
policies governing work for others are set forth in DOE order 481.1,
Work for Others (Non-Department of Energy Funded Work). The NRC
policies for work placed at DOE laboratories are set forth in NRC
Management Directive 11.7, NRC Procedures for Placement and
Monitoring of Work with the U.S. Department of Energy (DOE).
When NRC initiates proposed changes in MD 11.7 that may affect
NRC work at DOE laboratories, NRC shall promptly furnish DOE copies
of the proposed changes and obtain DOE's review and comments prior
to issuing such proposed changes in MD 11.7. When DOE initiates
proposed changes in DOE Order 481.1 that may affect NRC work at DOE
laboratories, DOE shall notify NRC of
[[Page 3987]]
those proposed changes and NRC shall promptly initiate conforming
changes in MD 11.7 using the above procedures to the maximum
practicable extent. Specifically, NRC Management Directive 11.7
ensures:
--that procedures for negotiating and managing agreements with DOE
are consistent with sound business practices and contracting
principles.
--the uniform application of an agency-wide standard of contract
management of projects placed with DOE.
--that a framework exists for program management, control,
administration, monitoring and closeout of projects placed with DOE.
B. NRC Dedicated Facilities
When an NRC dedicated facility is required for a project, NRC
will plan, budget and fund feasibility and conceptual design
studies, either through DOE or an NRC commercial contract. Upon the
completion of the conceptual design stage for an NRC dedicated
facility, the agencies will negotiate and execute an interagency
agreement which identifies appropriate funding arrangements and
procedures for detailed design and construction, related capital
equipment, scope, schedule, and plans for future decommissioning or
deactivation of the facility.
Upon completion of an NRC program at a dedicated facility, the
NRC will make a determination as to the future need for that
facility. If no further NRC need is established, and if DOE does not
have need for the facility, it will be decommissioned or deactivated
in accordance with the provisions of the interagency agreement for
the project. The actual decommissioning work will be performed by
DOE or its contractors.
C. Planning
1. Long Range Planning. NRC and DOE will cooperate to the extent
necessary, on long range planning to ensure that all required
research, technical assistance, facility and other associated
expenses are properly budgeted by the respective agencies. When
requested, either agency will assist the other in budget discussions
with the Office of Management and Budget and the Congress in areas
of mutual interest.
NRC, to the extent possible, will advise DOE of changes in
program emphasis or agency budget changes which may have a
significant impact on DOE Operations Offices and/or DOE laboratory
employment levels. DOE will advise NRC of any plans that may have an
adverse impact on NRC's projects and which could impair fulfillment
of NRC's regulatory mission.
2. Program Planning Agreements. In order to accommodate the
planning of research and development projects of mutual interest to
NRC and DOE, the offices involved may enter into program planning
agreements to establish a framework for cooperation and coordination
of the technical activities of the two agencies in those areas of
mutual interest. Such agreements may be used for advance
coordination of major NRC research and development efforts involving
the anticipated use of DOE laboratories. Program planning agreements
shall be signed by the responsible NRC office director or designee
and the responsible DOE office director or operations office
director or designee. Program planning agreements shall not be used
to obligate funds.
D. Information Management
1. Each agency recognizes that it is responsible for the
identification, protection, control and accounting of information or
data used or otherwise furnished in connection with this MOU in
accordance with its established procedures. This consists of
classified, proprietary, procurement-sensitive and safeguards
information. Also included is Unclassified Controlled Nuclear
Information as described by Section 148 of the Atomic Energy Act of
1954, as amended.
2. In accordance with DOE procedures, DOE will be responsible
for assuring that its contractors and subcontractors involved in NRC
programs fully protect the types of information specified above.
3. Requests for foreign nationals for access to information or
data furnished by NRC will be referred to NRC for disposition.
E. Organizational Conflicts of Interest
DOE recognizes that Section 170A of the Atomic Energy Act of
1954, as amended, requires that NRC be provided with disclosures on
potential conflicts when NRC obtains technical, consulting, research
and other supporting services. DOE further recognizes that the
assignment of NRC work to DOE laboratories must satisfy NRC's
conflicts standards.
Accordingly, when NRC enters into an agreement with a DOE
laboratory to perform work for NRC, the laboratory shall review its
current work, planned work and, where appropriate, past work for DOE
and others to determine whether such work is in the same or similar
area as the proposed NRC project. Should that review reveal current
or planned work for DOE or others in the same or similar technical
area as the proposed NRC work, the laboratory shall disclose such
potentially conflicting work to NRC. NRC shall then determine
whether a conflict would result and, if one does, determine, after
consultation with the laboratory and DOE, the appropriate action NRC
or DOE should take to avoid the conflict or, when appropriate under
NRC procedures, waive the conflict.
F. International Affairs
The NRC will request, as necessary, participation of foreign
nationals in the conduct of research work performed at DOE
laboratories. All such requests shall be in writing and provide
sufficient lead time for DOE Operations Office and headquarters
review and approval. A copy of each request will be provided to the
Office of International Science and Technical Corporation in DOE,
and to the Office of International Programs in NRC or their
successor offices.
V. Agency Interface
A. Establishment of Policy
The NRC Executive Director for Operations and the Under
Secretary for DOE or designee will establish any additional required
policy consistent with this MOU for the conduct of interagency
interface, relationship and responsibilities.
B. Administrative Matters
Administrative matters, including policy interpretation, and
related issues are the responsibility of the following individual
offices designated by each agency:
NRC
Office of Administration
DOE
Office of Laboratory Policy
Office of Energy Research
Representatives of these designated offices will meet as
necessary to discuss and resolve any problems or issues which may
affect either agency's ability to carry out the provisions of this
agreement. If these representatives are unable to agree on a
resolution, the matter will be raised through each agency's
management chain, as necessary.
C. Routine Activities
The routine activities performed in accordance with this MOU are
the responsibility of the DOE Operations Office in coordination with
the NRC program or regional office. Therefore, every attempt should
be made to resolve operational problems at the field level. When
possible, a problem should be identified in writing. If a problem
cannot be resolved at the field level, the matter will be raised
through each agency's management chain, as necessary and
appropriate.
VI. General Provisions
A. NRC Field Office
1. NRC may establish field offices at DOE sites. The functions
of an NRC field office are:
--assignment of NRC personnel to dedicated facilities as necessary
--monitor and review all NRC work at the site; and
--act as an interface between the NRC headquarters and the DOE
Operations Office
B. Effective Date
This MOU shall become effective upon the latter date of
signature of the NRC Chairman or the DOE Secretary or their
designees. This MOU shall remain in effect until terminated by
mutual agreement or by written notice of either party submitted six
months in advance of termination.
C. Amendments to This MOU
This MOU may be modified or amended by written agreement between
the NRC Chairman and the DOE Secretary, or their designees as
appropriate.
For U.S. Nuclear Regulatory Commission.
Dated: October 15, 1998.
Shirley Ann Jackson,
Chairman.
For U.S. Department of Energy.
Dated: November 24, 1998.
Bill Richardson,
Secretary.
[FR Doc. 99-1701 Filed 1-25-99; 8:45 am]
BILLING CODE 7590-01-M
