[Federal Register Volume 62, Number 49 (Thursday, March 13, 1997)]
[Notices]
[Pages 11936-11938]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-6345]


-----------------------------------------------------------------------


NUCLEAR REGULATORY COMMISSION

Notice of Availability of Memorandum of Understanding Between the 
Nuclear Regulatory Commission and the Department of Energy Concerning 
Agency Cooperation on Projects and Activities

SUMMARY: On January 15, 1997, the Nuclear Regulatory Commission (NRC) 
and the Department of Energy (DOE) signed a Memorandum of Understanding 
(MOU) to provide a basis for agency cooperation on significant projects 
and activities. The MOU establishes cooperative long-range planning, 
and encourages the development of specific MOUs to support NRC 
involvement when a joint effort on a project or activity is desirable.

FOR FURTHER INFORMATION CONTACT: Amy L. Bryce, Special Projects Branch, 
Division of Fuel Cycle Safety and Safeguards, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555, (301) 415-5848.

[[Page 11937]]

SUPPLEMENTARY INFORMATION:

Memorandum of Understanding Between the Department of Energy and the 
Nuclear Regulatory Commission

Cooperation in Support of Significant Projects and Activities

I. Introduction
    The Department of Energy (DOE) and the Nuclear Regulatory 
Commission (NRC) in recognition of a mutual commitment to protect 
public health and safety, common defense and security, and the 
environment have developed this Memorandum of Understanding (MOU) to 
establish a framework for carrying out significant projects and 
activities where joint cooperation between DOE and NRC is desirable.
II. Authority
    The Atomic Energy Act of 1954, as amended, including but not 
limited to Sections 31, 33, 91, and 161(I); the Energy Reorganization 
Act of 1974, including Sections 104, and Section 301(a) of the 
Department of Energy Organization Act of 1977 authorize DOE to engage 
in various activities involving nuclear materials and facilities. 
Sections 53, 57, 62, 63, 81, 103, 104, and 161(b), of the Atomic Energy 
Act of 1954, as amended, and Section 201(f) of the Energy 
Reorganization Act of 1974 authorize NRC to license and establish by 
rule, regulation, or order, standards, and instructions to govern the 
possession and use of special nuclear material, source material, or 
byproduct material and the construction and operation of certain 
facilities to protect health or to minimize danger to life or property, 
or to promote the common defense and security. This agreement is 
designed to supplement the February 24, 1978 DOE/NRC MOU. The DOE/NRC 
MOU of February 24, 1978, establishes an overall management policy 
regarding interagency relationships in the conduct of research programs 
and related areas and includes within its scope those guidelines 
governing DOE work performed by NRC.
III. Purpose
    The purpose of this MOU is to provide the basis for DOE and NRC to 
cooperate on significant projects and activities of mutual interest.
    This MOU does not address DOE/NRC interaction with respect to those 
DOE facilities which by statute are required to be licensed or 
otherwise regulated by NRC under the Energy Reorganization Act of 1974, 
the Nuclear Waste Policy Act or other applicable law, or with respect 
to material and facilities within the responsibility of the DOE Office 
of Naval Reactors.
IV. Agreements Between Parties
A. General
    1. DOE and NRC will cooperate in the timely and orderly completion 
of projects and activities undertaken pursuant to this MOU with due 
regard for public health and safety, protection of the environment, and 
common defense and security. Essential to complying with the spirit of 
this MOU is maintaining a relationship between the agencies marked by 
open and candid communications at all levels.
    2. Toward these goals, DOE and NRC will explore together the 
development of specific MOUs to support NRC involvement in projects and 
activities in areas where joint cooperation is desirable, such as the 
efforts covered by the DOE/NRC MOU on tritium production dated May 22, 
1996.
B. Planning
    1. DOE and NRC will cooperate in long-range planning to ensure that 
both agencies are cognizant of the funding, resource, and timing 
requirements for these special projects and activities. Consultations 
and information exchanges between the DOE and NRC on long-range 
planning activities, operating experience or research results, 
briefings of advisory committees, and other normal functions are 
generally not subject to reimbursement.
    2. DOE and NRC will inform each other and the Office of Management 
and Budget of activities that will require significant participation of 
both. Specific activities related to public health and safety, 
protection of the environment, and common defense and security for 
which DOE requests NRC involvement will require significant advance 
notification to allow NRC to seek appropriate resources in NRC's budget 
requests. DOE will provide NRC the necessary information required to 
support such budget requests. NRC generally will not participate in 
projects and activities pertaining to DOE's responsibilities unless 
Congress appropriates resources to NRC for such activities. Exceptions 
will be considered by NRC on a case-by-case basis and only if DOE 
reimburses NRC for its full agency cost.
    3. This MOU shall not be used to obligate or commit funds or be 
used as the basis for the transfer of funds.
C. Interagency Interfaces
    1. Matters of policy coordination, interpretation of established 
policy and implementation oversight are the responsibility of the Under 
Secretary for DOE and the Executive Director for Operations of the NRC. 
Functional responsibilities shall be assigned by each agency as 
necessary to fulfill the provisions of this MOU and any specific MOUs 
entered into by DOE and NRC. The DOE Assistant Secretary for 
Environment, Safety and Health and the Executive Director for 
Operations of the NRC will be the initial points of contact for 
communication relating to carrying out the provisions of this MOU.
    2. The day-to-day activities performed in accordance with this MOU 
are the responsibility of the designated DOE representative, in 
coordination with the designated NRC representative. Every attempt 
shall be made to address topics and issues at the project level. If 
they cannot be resolved at the project level, they will be raised 
through each agency's management chain, as necessary and appropriate.
D. Information Management and Independent Technical Oversight
    1. Each agency recognizes that it is responsible for the 
identification, protection, control, and accounting of information used 
or otherwise furnished in connection with this MOU in accordance with 
its established procedures. This information consists of classified, 
proprietary, and procurement-sensitive information; Safeguards 
Information; and Unclassified Controlled Nuclear Information (UCNI) as 
described by Section 148 of the Atomic Energy Act of 1954, as amended.
    2. NRC agrees to use available DOE information and reports and to 
comply with DOE administrative requirements for handling such 
information. DOE will provide NRC such additional information as NRC 
may require to identify issues related to public health and safety, 
protection of the environment, and common defense and security which 
may be necessitated by the project or activity. NRC will determine 
whether to establish a public docket for particular joint projects on a 
case-by-case basis.
    3. DOE and NRC recognize the importance of providing timely and 
accurate information to the public regarding projects, activities, and 
regulatory decisions that may affect public health and safety, and 
protection of the environment. Meetings between DOE and NRC staff in 
connection with project activities that pertain to specific regulatory 
decisions or actions shall be governed by NRC's policy on open meetings 
(59 FR 48340, September 20, 1994).
    4. Committees, such as the Advisory Committee on Reactor Safeguards 
and

[[Page 11938]]

the Advisory Committee on Nuclear Waste for NRC and the Defense Nuclear 
Facilities Safety Board for DOE, provide independent technical advice 
concerning facilities, safety studies, and related matters. As 
appropriate, DOE and NRC agree to support these types of independent 
reviews by providing readily available information or designating 
representatives to attend briefings related to their respective areas 
of responsibilities.
V. Other Provisions
    1. Nothing in this MOU shall limit the rights or ability of either 
agency to exercise its authority independently with regard to matters 
that are the subject of this MOU.
    2. Nothing in this MOU shall be deemed to establish any right nor 
provide a basis for any action, either legal or equitable, by any 
person or class of persons challenging a government action or a failure 
to act.
    3. This MOU is not entered into for purposes of addressing issues 
related to possible changes in the scope of either party's authority to 
regulate nuclear materials and facilities.
    4. This MOU may be further implemented by supplementary agreements 
in which authorized representatives of DOE and NRC may amplify or 
modify the policy or provisions in this MOU or any of its supplements, 
provided that any material modifications of the provisions or any of 
its supplements shall be subject to the approval of the authorized 
signatories of this MOU or their designated representatives.
    5. This MOU shall be effective upon signature of the Secretary of 
Energy and the Chairman of the NRC and will remain in effect until 
terminated by mutual agreement or by the written notice of either party 
submitted six months in advance of termination. Amendments or 
modifications to this MOU may be made upon the written agreement of the 
parties.
    6. In developing specific MOUs for particular projects and 
activities, the parties shall consider what provisions should be made 
for the handling of whistleblower issues or other citizen complaints.
Hazel R. O'Leary,
Secretary, U.S. Department of Energy.
Shirley A. Jackson,
    Chairman, U.S. Nuclear Regulatory Commission.

    This Memorandum of Understanding was signed by the Chairman of the 
Nuclear Regulatory Commission and the Secretary of Energy on January 
15, 1997.

    Dated at Rockville, Maryland, this 5 day of March 1997.

    For the Nuclear Regulatory Commission.
Robert C. Pierson,
Chief, Special Projects Branch, Division of Fuel Cycle Safety and 
Safeguards, NMSS.
[FR Doc. 97-6345 Filed 3-12-97; 8:45 am]
BILLING CODE 7590-01-P