[Federal Register Volume 59, Number 183 (Thursday, September 22, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-23461]
[[Page Unknown]]
[Federal Register: September 22, 1994]
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NUCLEAR REGULATORY COMMISSION
Joint Statement of Understanding Between Nuclear Regulatory
Commission and Department of Energy on Implementing Energy Policy Act
Provisions on Regulation of Gaseous Diffusion Uranium Enrichment Plants
AGENCY: Nuclear Regulatory Commission.
ACTION: Publication of Joint Statement of Understanding Between the
Nuclear Regulatory Commission and the Department of Energy.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) and the U.S.
Department of Energy (DOE) have entered into a Joint Statement of
Understanding which describes the roles of the DOE and NRC in
implementing the Energy Policy Act of 1992 provisions on the regulation
of gaseous diffusion uranium enrichment plants. The text of the Joint
Statement of Understanding is set forth below.
FOR FURTHER INFORMATION CONTACT:
Gary L. Shear, Nuclear Regulatory Commission, Region III, Division of
Radiation Safety and Safeguards, 801 Warrenville Road, Lisle, IL 60532,
Telephone 708-829-9876.
Dated at Lisle, Illinois, this 15th day of September 1994.
For the Nuclear Regulatory Commission.
John B. Martin,
Regional Administrator, Region III.
Agreement Establishing Guidance for NRC Inspection Activities at the
Paducah and Portsmouth Gaseous Diffusion Plants Between Department of
Energy Regulatory Oversight Manager and Nuclear Regulatory Commission
I. Authority
The United States Department of Energy (DOE) and the United States
Nuclear Regulatory Commission (NRC), Region III, enter into this
Agreement under the authority of Section 1701 (c)(4)B of the Atomic
Energy Act (AEA) of 1954, as amended and the Joint Statement of
Understanding between the Nuclear Regulatory Commission and the
Department of Energy on Implementing Energy Policy Act Provisions on
Regulation of Gaseous Diffusion Uranium Enrichment Plants (Joint
Statement), 59 FR 4729 (February 1, 1994).
II. Background
The Atomic Energy Act of 1954, as amended by the Energy Policy Act
of 1992 (42 U.S.C. Sec. 2297 et seq.), created the United States
Enrichment Corporation (USEC), a government corporation for the purpose
of managing and operating the uranium enrichment enterprise previously
owned and operated by the DOE. The Energy Policy Act (the Act) also
required that by October 24, 1994, the NRC establish its standards for
the regulation of the gaseous diffusion plants leased by the USEC in
order to protect the public health and safety and to provide for the
common defense and security. After these standards are promulgated, the
USEC is required to apply at least annually for a certificate of
compliance with the standards. Until such time as the NRC assumes
regulatory jurisdiction at the gaseous diffusion plants (GDPs), DOE
will exercise nuclear safety and safeguards and security oversight
authority at the leased portion of the gaseous diffusion plants located
in Paducah, Kentucky, and Piketon, Ohio. The regulatory framework of
DOE's authority is contained in the Regulatory Oversight Agreement,
Exhibit D to the Lease Agreement between DOE and USEC dated July 1,
1993. Pursuant to the Joint Statement, it is agreed that the NRC will
locate observers at the facilities on or after July 1, 1993, to obtain
information and knowledge that may be useful to NRC in developing or
implementing its standards. The Joint Statement also provides that
interim guidance for the NRC inspectors/observers will be established
between the DOE Regulatory Oversight Manager and the NRC covering the
period before the NRC assumes regulatory jurisdiction over the
facilities.
III. Scope
A. This agreement defines the way in which DOE and NRC will
cooperate to facilitate the NRC's obtaining of information and
knowledge regarding the gaseous diffusion plants and USEC's operation
thereof through routine and special inspection activities during the
interim period before NRC assumes regulatory responsibility. The NRC
inspection activities will be conducted for the purpose of gathering
information useful to the NRC in developing the 10 CFR Part 76
standards and making the initial certification decision for the GDPs as
directed in the Atomic Energy Act of 1954, as amended. This Agreement
does not apply to investigations or inquiries conducted by DOE.
B. For the purpose of this Agreement, the term ``inspection'' as
applied to DOE shall mean the examination, review, or evaluation of any
program or activity of the USEC with respect to: (1) the effectiveness
of the program or activity in ensuring that the health and safety of
the public and plant personnel are adequately protected; (2) the safe
operation of the facilities; (3) compliance with any applicable DOE
Nuclear Safety and Safeguards and Security Requirements as defined in
the Regulatory Oversight Agreement (ROA). With respect to the NRC, the
term ``inspection'' is defined as the onsite or Regional/Headquarters
Office review of any program or activity of USEC with respect to
prospective compliance with proposed NRC standards for the regulation
of the leased portions of the gaseous diffusion plants.
C. Nothing in this Agreement is intended to restrict or expand the
authority of DOE or to affect or otherwise alter the terms of the ROA.
D. Nothing in this Agreement confers upon the NRC Inspectors
authority to (1) interpret or modify DOE requirements imposed on the
USEC; (2) take enforcement actions; or (3) direct or recommend gaseous
diffusion plant employees to take or not to take any actions. Authority
for all such actions is reserved exclusively to DOE, until the NRC
assumes regulatory oversight for the leased portion of the gaseous
diffusion plants in accordance with the Act.
E. Nothing in this agreement is intended to restrict or otherwise
limit the authority of the NRC to exercise its full regulatory
authority, including both inspection and enforcement authority, at such
time as NRC assumes regulatory authority over the leased portion of the
gaseous diffusion plants in accordance with Title II of the Atomic
Energy Act of 1954, as amended.
F. Under this Agreement, up to three NRC Resident Inspectors may be
located at each gaseous diffusion plant site with visits from Regional
and Headquarters staff to become familiar with plant operations.
IV. DOE's General Responsibilities
DOE is responsible for conducting nuclear safety and safeguards ad
security inspections of the leased portions of the gaseous diffusion
plants to ensure that the plants are designed, constructed, tested,
operated, maintained, and decommissioned in accordance with DOE
regulatory requirements. These inspections are conducted in accordance
with the DOE Regulatory Oversight Inspection and Enforcement Manual
(Manual) using personnel appropriately qualified and trained to perform
the necessary tasks. Only the DOE may take appropriate enforcement
actions for all inspections conducted under this Agreement.
V. NRC's General Responsibilities
A. The NRC, through its Resident and other inspectors, will conduct
inspections and make observations for the purpose of obtaining
information and knowledge of the gaseous diffusion plans and USEC's
operation thereof. Such inspections shall be coordinated with the
authorized DOE representative to ensure that both the scope and
findings of the inspections are clearly communicated.
B. NRC activities will be performed in accordance with Federal
standards and requirements and DOE practices, with no undue burden on
the DOE or the USEC.
VI. Implementation
The DOE and NRC agree to work in concert to ensure that the
following staffing, inspection and enforcement, communications and
information exchange, and conflict resolution protocol regarding the
NRC Inspector activities are followed.
A. Staffing
1. The NRC will select its inspectors in accordance with its own
procedures and qualifications.
2. The NRC is responsible for obtaining security clearances for its
inspectors.
3. The NRC is responsible for ensuring that NRC Inspectors comply
with safety requirements established by the USEC. The NRC is not
required to follow USEC's fitness-for-duty program but will instead
follow its own internal fitness-for-duty program. DOE is not
responsible for ensuring access or space for NRC personnel. USEC is
responsible for ensuring access and space for NRC personnel.
4. NRC and Office of Government Ethics Conflict of Interest
regulations will be in effect for NRC Inspectors conducting inspection
activities related to the Gaseous Diffusion Plants.
B. Inspections and Enforcement
1. The NRC Inspectors' activities are intended to provide
information for use in developing standards for the gaseous diffusion
plants and in determining whether to issue the initial certificate and/
or approve a compliance plan in accordance with the Act. NRC inspection
activities are also intended to assist USEC in becoming familiar with
NRC practices.
2. The NRC Inspectors are responsible for adhering to safety
requirements imposed by USEC related to personal safety and
radiological protection.
3. The NRC Inspectors may accompany the DOE Site Safety
Representative during inspections, inspection entrance and exit
interviews, and enforcement meetings.
4. The DOE will provide the NRC with a copy and current updates of
the DOE Manual.
5. Safety/technical allegations or concerns received by the NRC
Inspectors will be provided to the DOE for processing in accordance
with DOE procedures, including DOE procedures for confidential sources.
6. If an NRC Inspector identifies situations with immediate safety
significance, he or she will immediately communicate this information
to the USEC and the DOE Site Safety Representatives. It is essential
that this information be discussed with a DOE site representative
immediately upon discovery so that DOE may take prompt action as
dictated by the situation. If the DOE Site Safety Representatives are
unavailable, the NRC Inspector will transmit this information
immediately to the DOE Regulatory Oversight Manager or his designee.
7. DOE will receive copies of all written communications between
USEC and NRC relating to activities of NRC Inspectors under this
agreement.
8. If potential violations of DOE regulatory requirements are
identified as a result of the NRC's inspection activities, DOE may take
appropriate enforcement action as set forth in Appendix B of the ROA.
Enforcement action, if any, will be taken only by DOE.
C. Communications and Information Exchange
1. The DOE and NRC agree in good faith to make available to each
other information within the intent and scope of this Agreement.
2. The DOE and NRC agree to meet every 6 months at mutually
agreeable times and locations to exchange information on matters of
common concern pertinent to this Agreement.
3. The DOE and NRC agree to consider each other's identified
information needs and concerns when developing inspection plans.
4. The NRC will conform to DOE practices regarding information
disclosure. For instance, the NRC must abide by DOE protocol not to
publicly disclose DOE inspection findings prior to the release of the
DOE inspection report. However, the NRC may discuss with USEC any NRC
finding relative to the development of 10 CFR Part 76 standards or
certification of the gaseous diffusion plants in accordance with the
Act, as amended.
5. To preclude dissemination of information which may be exempt
from disclosure pursuant to the Freedom of Information Act, the DOE and
NRC shall consult with each other before disclosure of information
related to this Agreement.
6. The NRC will notify DOE before stationing an NRC Resident
Inspector at a site.
VII. Contacts
A. The principal senior management contacts for this Agreement will
be the Director, Division of Radiation Safety and Safeguards, Region
III, NRC, and the DOE Regulatory Oversight Manager. These individuals
may designate appropriate staff representatives for the purpose of
administering this Agreement.
B. Identification of these contacts is not intended to restrict
communication between DOE and NRC staff members on technical and other
day-to-day activities.
VIII. Resolution of Conflicts
A. If disagreements or conflicts about matters within the scope of
this Agreement arise, DOE and NRC will work together to resolve these
differences.
B. Resolution of differences between DOE and NRC staff over the
significance of findings will be the initial responsibility of the DOE
Regulatory Oversight Manager.
C. The DOE Office of Chief Counsel, Oak Ridge Operations, will have
the final authority to interpret DOE's regulatory requirements.
IX. Effective Date, Termination, and Modification
This Agreement shall become effective upon signing by the Region
III Administrator, NRC, and the DOE Regulatory Oversight Manager, and
shall remain in effect until NRC issues the initial certificate and/or
approves a compliance plan, which terminates this Agreement. A formal
review, not less than 6 months after the effective date, will be
performed concurrently by the DOE and NRC to evaluate implementation of
the Agreement and resolve any problems identified. This Agreement will
be subject to periodic reviews and may be amended or modified upon
written agreement by both parties.
X. Separability
If any provision(s) of this Agreement, or the application of any
provision(s) to any person or circumstances, is held invalid, the
remainder of this Agreement and the application of such provisions to
other persons or circumstances shall not be affected.
Dated: August 11, 1994.
For the U.S. Department of Energy.
J. Dale Jackson,
Regulatory Oversight Manager.
Dated: August 11, 1994.
For the U.S. Nuclear Regulatory Commission.
John B. Martin,
Regional Administrator.
[FR Doc. 94-23461 Filed 9-21-94; 8:45 am]
BILLING CODE 7590-01-M
