[Federal Register Volume 59, Number 21 (Tuesday, February 1, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-2171]


[[Page Unknown]]

[Federal Register: February 1, 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: Mr. S. R. Ruffin, Office of Nuclear 
Material Safety and Safeguards, MS 4-E-4, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555, telephone 301-504-2696.

    Dated at Rockville, Maryland, this 26th day of January, 1994.

    For the Nuclear Regulatory Commission.
Samuel J. Chilk,
Secretary of the Commission.

Joint Statement of Understanding

    By October 24, 1994, pursuant to Title XI of the Energy Policy 
Act of 1992 (the ``Act''), the Nuclear Regulatory Commission (the 
``NRC'') is directed to establish standards (the ``standards'') for 
regulation of the gaseous diffusion uranium enrichment facilities 
(the ``facilities'' or ``GDPs'') owned by the Department of Energy 
(the ``DOE'') in order to protect the public health and safety from 
radiological hazard and provide for the common defense and security. 
Title XI of the Act also specifies that NRC establish a 
certification process to ensure that the U.S. Enrichment Corporation 
(the ``Corporation''), which is to lease the facilities from DOE, 
complies with the NRC standards. After NRC establishes the 
standards, the Corporation is required to apply at least annually to 
NRC for a certificate of compliance with the standards. The 
requirement for a certificate of compliance is in lieu of any 
requirement for a license for the facilities leased by the 
Corporation. The Act also provides that the Corporation may not 
operate the facilities unless the NRC makes a determination that the 
facilities are in compliance with the NRC standards to be 
established by October 24, 1994, or NRC approves a plan prepared by 
DOE for achieving compliance with such standards.
    Title XI of the Act also provides that the NRC, in consultation 
with the Environmental Protection Agency (the ``EPA''), shall review 
the operations of the Corporation to ensure that public health and 
safety are adequately protected. Further, Title IX of the Act 
provides the Corporation shall lease the gaseous diffusion 
facilities of DOE at Paducah, Kentucky and Portsmouth, Ohio for a 
six-year period, beginning July 1, 1993.
    Pursuant to the Atomic Energy Act of 1954, as amended, including 
in particular the provisions of the Energy Policy Act of 1992 on 
regulation and certification as generally described above, NRC and 
DOE are issuing this joint statement of understanding (the ``Joint 
Statement'') to address matters relating to the process by which NRC 
will assume, and DOE will relinquish at the time and to the extent 
provided by law, responsibility for regulatory oversight under the 
Act for the DOE facilities leased by the Corporation as specified by 
the Energy Policy Act of 1992. In view of the explicit framework of 
the Act under which NRC is to assume responsibility for the 
radiological protection of the public health and safety and the 
common defense and security after NRC standards are established and 
become effective for that purpose, this Joint Statement of 
Understanding identifies certain responsibilities of NRC and DOE 
with respect to the process, provides for cooperation between NRC 
and DOE necessary to the successful implementation of the process, 
and serves such other purposes as may be related thereto.
    In NRC requesting and DOE agreeing to supply information, DOE 
and NRC understand that the purpose is to help establish NRC's 
regulatory framework under the Act, not for NRC to establish 
oversight before NRC assumes regulatory jurisdiction over the 
facilities.
    1. Under the Act, by October 24, 1994, NRC is directed to 
establish its standards to protect public health and safety and 
common defense and security for the facilities leased to the 
Corporation.
    2. In order to support NRC in developing the standards 
identified in paragraph 1, DOE will supply available information, 
permit site visits, and provide other similar assistance in support 
of NRC standards development in response to NRC's request. In 
particular, DOE will provide any available description of the Safety 
Basis and Framework for DOE Oversight of the Gaseous Diffusion 
Plants, including:
    (i) A description of the safety analyses, operational safety 
requirements, and the bases for maintaining the safety basis for the 
GDPs. The description will include the information which DOE relies 
on to demonstrate that the current regulatory base is adequate to 
protect the public health and safety and provide for the common 
defense and security.
    (ii) A description of the operational requirements, consisting 
of the basic operational safety objectives, implementation 
requirements, implementation measures, status of conformance with 
the implementation requirements, and the corrective actions being 
taken to address non-conformances.
    (iii) A description of DOE's program for continuing regulatory 
oversight over the GDPs, including a description of the program for 
compliance reviews and audits, followup actions to assure that audit 
findings are addressed, and the status of open audit findings.
    At NRC's request, DOE will supply copies of applicable DOE 
Orders, other documents referenced in the aforementioned 
descriptions, and such other documents as are necessary to support 
NRC's standards development.
    DOE will also permit NRC to 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. 
Interim guidance for the NRC observers will be established by the 
DOE Regulatory Oversight Manager and the NRC covering the period 
before NRC assumes regulatory jurisdiction over the facilities.
    3. As indicated above, the Energy Policy Act amendments to the 
Atomic Energy Act of 1954 condition NRC regulation (through the 
annual certification process) of the facilities leased to the 
Corporation on the promulgation of the new NRC standards. NRC 
anticipates that it will require the Corporation to file the first 
annual application for a certificate of compliance within six (6) 
months after promulgation by NRC of the standards. Thus, until such 
time as NRC has promulgated its standards and they have become 
effective and the first certification process based on NRC standards 
has been completed, DOE will continue to exercise its public health 
and safety and common defense and security regulatory oversight over 
the operation of the facilities.
    4. During the entire period that the facilities are in 
operation, and thereafter as long as necessary, on a full cost 
reimbursable basis from the Corporation, DOE will retain 
responsibility for all access authorization programs with respect to 
the facilities leased by the Corporation and the Corporation itself. 
DOE will be responsible for the administrative determinations 
relating to granting, suspending, adjudicating, or denying a 
security clearance, and for reinvestigating an individual's 
background for continued access.
    5. At all times during the period the facilities are in 
operation by the Corporation after NRC assumes responsibility for 
regulatory oversight, NRC will be responsible for granting security 
facility approvals and for establishing an information security 
program to ensure that Restricted Data, including both information 
and equipment, is appropriately classified and protected with 
respect to the facilities leased by the Corporation and the 
Corporation itself.
    6. During the entire period that uranium enriched to 20 percent 
or more U\235\ is located at the Portsmouth facility, DOE will 
retain title to and possess such uranium and will be solely 
responsible for providing for, establishing and maintaining nuclear 
safety, safeguards and security controls applicable to such uranium. 
This Joint Statement is not a regulation and is not intended to 
create or alter legal requirements or obligations of NRC, DOE, the 
Corporation or any other interested person.

    Dated: December 7, 1993.

    For the Nuclear Regulatory Commission.
Ivan Selin,
Chairman, Nuclear Regulatory Commission.
    Dated: December 20, 1993.

    For the Department of Energy.
Hazel R. O'Leary,
Secretary of Energy.
[FR Doc. 94-2171 Filed 1-31-94; 8:45 am]
BILLING CODE 7590-01-P