[Federal Register Volume 62, Number 214 (Wednesday, November 5, 1997)]
[Notices]
[Pages 59910-59912]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-29244]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 70-7001; 70-7002]
Memorandum of Understanding Between the Nuclear Regulatory
Commission and the Department of Energy on Cooperation Regarding the
Gaseous Diffusion Plants
AGENCIES: Nuclear Regulatory Commission and Department of Energy.
ACTION: Memorandum of Understanding between the Nuclear Regulatory
Commission and the Department of Energy.
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SUMMARY: The Nuclear Regulatory Commission (NRC) and the Department of
Energy (DOE) have entered into a Memorandum of Understanding (MOU) on
cooperation regarding the gaseous diffusion plants. The MOU is intended
to describe the various responsibilities with respect to continued
cooperation between NRC and DOE, and to set forth a framework for
coordination of issues now that NRC has assumed regulatory oversight.
The text of the MOU is set forth below.
FOR FURTHER INFORMATION CONTACT: Mr. Robert C. Pierson, telephone 301-
415-7192, Office of Nuclear Material Safety and Safeguards, MS T-8A-33,
U.S. Nuclear Regulatory Commission, Washington, DC 20555.
Dated at Rockville, Maryland, this 30th day of October 1997.
For the Nuclear Regulatory Commission.
Elizabeth Q. Ten Eyck,
Director, Division of Fuel Cycle Safety, and Safeguards, NMSS.
Memorandum of Understanding Between the Department of Energy and the
Nuclear Regulatory Commission; Cooperation Regarding the Gaseous
Diffusion Plants
I. Background
The Atomic Energy Act of 1954 (the Act), as amended by the
Energy Policy Act of 1992 (42 U.S.C. 2297 et seq.), created the
United States Enrichment Corporation (USEC), a government
corporation, for the purpose of managing and operating the uranium
enrichment enterprise owned and previously operated by the
Department of Energy (DOE). USEC leased those portions of the plants
related to gaseous diffusion plant (GDP) operations from DOE.
Certain portions of the plants, such as waste storage areas and
burial grounds, are not leased by USEC and remain under DOE's
jurisdiction. The Act also required that the Nuclear Regulatory
Commission (NRC) establish standards for regulation of the GDPs
located in Paducah, Kentucky, and Piketon, Ohio, in order to protect
the worker and public health and safety and to provide for the
common defense and security. NRC published its final standards, 10
CFR part 76, ``Certification of Gaseous Diffusion Plants,'' on
September 23, 1994 (59 FR 48944). The Act also directed NRC to
establish and implement an annual 1 certification process
by which the gaseous diffusion plants would be certified by NRC for
compliance with these standards. For areas where plant operations
are not yet in compliance, the Act provided that DOE will prepare
compliance plans. Based upon a review of the certification
applications and the DOE-prepared compliance plans submitted by
USEC, on September 16, 1996, a Notice of Certification Decision for
the USEC to operate the GDPs and a Finding of No Significant Impact
(the notice) was issued by NRC, 61 FR 49360 (September 19, 1996).
After disposition of public comments received in response to NRC's
Notice of Certification Decision, NRC issued a Certificate of
Compliance and a compliance plan approval for each plant on November
26, 1996. The Certificates of Compliance became effective and NRC
assumed regulatory oversight of the GDPs on March 3, 1997.
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\1\ The USEC Privatization Act, Pub. L. 104-134, amends
1701(c)(2) of the Atomic Energy Act, by replacing the requirement
for an annual application for a certificate of compliance with a
requirement for an application to be filed ``periodically, as
determined by the Commission, but not less than every five years.''
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This Memorandum of Understanding (MOU) is designed to supplement
the ``Agreement Defining Security Responsibilities at the Paducah
and Portsmouth Gaseous Diffusion Plants Between the Department of
Energy's Office of Safeguards and Security and the Nuclear
Regulatory Commission's Division of Security,'' dated March 10,
1995, and replace the ``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,'' dated August 11, 1994.
II. Authority and Scope
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 MOU to describe the various responsibilities
with respect to continued cooperation between NRC and DOE, and to
set forth a framework for coordination of issues now that NRC has
assumed regulatory oversight.
A. NRC assumed regulatory oversight for nuclear safety,
safeguards, and security at the leased portions of the GDPs on March
3, 1997, with the exception of the Highly Enriched Uranium (HEU)
Refeed activity in Buildings X-326 and X-705 at the Portsmouth
Gaseous Diffusion Plant.
B. The Regulatory Oversight Agreement (ROA), Exhibit D to the
Lease Agreement between DOE and USEC, sets forth the requirements
and safety basis for the operation of DOE activities in the leased
areas of the GDPs. The activities governed by the ROA consist of HEU
Refeed activity in Buildings X-326 and X-705 at the Portsmouth
Gaseous Diffusion Plant. Nothing
[[Page 59911]]
in this MOU is intended to restrict or expand the authority of DOE
or to affect or otherwise alter the terms of the ROA until by its
terms it ceases to apply to facilities or activities for which NRC
assumes regulatory oversight.
C. NRC certification of the GDPs is in part conditioned upon
USEC adherence to a Compliance Plan prepared and approved by DOE for
each GDP in accordance with the Atomic Energy Act of 1954, as
amended, and 10 CFR Part 76. Modification(s) to the Compliance Plan
requires DOE approval prior to submittal to NRC for final approval.
D. NRC re-certification of the GDPs is in part conditioned upon
USEC compliance with all terms and conditions of the NRC certificate
of compliance.
E. Nothing in this MOU is intended to restrict or otherwise
limit the authority of NRC to exercise its full regulatory
authority, including both inspection and enforcement authority.
III. Interfaces Between DOE and NRC
A. Exchange of Information and Technical Staff Support
1. DOE and NRC agree to make available to each other information
and technical support concerning matters of common
interest.2 DOE and NRC agree to meet, as necessary, at
mutually agreeable times and locations to exchange information on
matters of common interest.
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\2\ Matters of common interest concern modifications to GDP site
areas, railways, roadways, structures, systems, components, hazards,
activities, tenant mix, population, etc., which can impact safety,
safeguards or security risks (likelihood or consequence) under DOE
or NRC jurisdiction during normal, off-normal or emergency
conditions. The tenant mix includes multiple organizations other
than DOE and USEC with GDP site space leased from DOE. These
organizations are not staffed with GDP workers, i.e. National Guard,
Defense Logistic Agency, etc.
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2. DOE agrees to notify NRC of the following:
a. Substantial proposed changes to the GDP site involving
matters of common interest.
b. Substantial proposed changes to the Lease Agreement between
the Department of Energy and the United States Enrichment
Corporation, dated July 1, 1993.
c. Substantial proposed changes to the DOE Regulatory Oversight
Agreement between DOE and USEC.
d. Substantial proposed changes to ``USEC AND DOE Resolution of
Shared Site Issues at the Gaseous Diffusion Plants,'' dated January
24, 1996.
e. Substantial proposed changes to the HEU Refeed Program.
3. NRC agrees to notify DOE of the following:
a. Substantial proposed changes in USEC's operations potentially
impacting safety, safeguards and/or security on site.
b. Substantial changes to the conditions or terms of the NRC
certificate of compliance issued to USEC.
c. Substantial changes to USEC's compliance with the conditions
or terms of the certificate of compliance issued to USEC.
4. NRC will consult with DOE on health, safety and environmental
issues at the GDPs when preparing the required annual report to
Congress on the GDPs.
5. NRC and DOE will share all audit, assessment, and inspection
reports on shared systems or areas.
6. DOE and NRC will coordinate with each other for proposed
enforcement actions involving those shared systems or areas in
Buildings X-326 and X-705 at the Portsmouth GDP where there is HEU
activity. USEC is responsible for all system components required for
USEC LEU/GDP operability. These components are subject to NRC
inspection and enforcement, although they may be physically located
in DOE controlled space.
7. 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, Safeguards Information (SGI)
and Unclassified Controlled Nuclear Information (UCNI).
B. Emergency Response
1. In accordance with the Federal Radiological Emergency
Response Plan (FRERP), the NRC is the Lead Federal Agency (LFA) for
an emergency involving DOE-owned GDPs operating under NRC regulatory
oversight. If the origin of the emergency is determined to be in the
DOE portion of the plant, then the LFA would be transferred to DOE.
DOE and NRC will develop appropriate joint procedures which will
ensure compatibility in response to emergencies in leased areas
under NRC regulatory oversight.
2. The emergency planning requirements for GDPs, including
offsite notifications and emergency classification levels and their
corresponding emergency action levels, will be in accordance with
the site emergency plans and procedures which will be coordinated
among shared site regulators and tenants before and during
implementation.
C. Referrals
1. DOE will not conduct inspections of nuclear safety,
safeguards, and security in leased areas, except where there is
shared safety, safeguards, or security features in USEC leased
space, or as related to the HEU Refeed Program and DOE nuclear
material and activities in USEC leased space. However, DOE personnel
may, during the course of performing DOE activities, identify
nuclear safety, safeguards or security concerns within the area of
NRC responsibility. In such instances these and any other nuclear
safety, safeguards or security concerns within NRC's purview
identified by DOE will be referred to the NRC Resident Inspector for
appropriate action. If DOE identifies situations with immediate
safety, safeguards, or security significance, it will immediately
communicate this information to USEC and the NRC Resident Inspector.
2. Similarly, although NRC will not conduct nuclear safety,
safeguards, and security inspections in non-leased areas, NRC
personnel may, during the course of performing NRC activities,
identify nuclear safety, safeguards or security concerns within the
area of DOE responsibility. NRC will refer these concerns to the DOE
Site Manager for appropriate disposition. If the NRC identifies
situations with immediate safety, safeguards, or security
significance, it will immediately communicate this information to
USEC and the DOE Site Manager.
3. Each agency will be responsible for processing, under its
established program(s), allegations--declarations, statements or
assertions of impropriety or inadequacy whose validity has not been
established--and employee complaints or concerns of regulatory
significance. Each agency will keep the other agency informed, as
appropriate, of the existence, status and resolution of such
allegations, complaints, or concerns. Each agency will assure that
each allegation, complaint, or concern is promptly referred to the
agency or entity that has jurisdiction over the allegation,
complaint, or concern.
D. Coordinations
1. DOE will coordinate with USEC to inform NRC of reportable
events, under DOE's occurrence reporting system, for which DOE is
responsible.
2. DOE and NRC shall consult with each other before disclosure
of information related to this MOU to preclude dissemination of
information which may be exempt from disclosure under the Freedom of
Information Act. It is NRC's practice to place all docket related
DOE correspondence that is not classified or proprietary in the
Public Document Room, unless DOE specifically requests, with
appropriate justification, that the information be withheld.
3. On occasion, DOE may need to move its nuclear materials not
in process through USEC areas to another location. NRC will not
require DOE to fill out Forms 741 and/or 742 if the nuclear
materials not in process only pass through USEC areas, i.e., not
normally involving more than one shift, and remaining under DOE's
continuous custody.
IV. Points of Contact
A. The principal senior management contacts for this MOU will be
the DOE Assistant Manager for Enrichment Facilities, Oak Ridge
Operations Office, and the Director, Division of Fuel Cycle Safety
and Safeguards, Office of Nuclear Material Safety and Safeguards,
NRC. These individuals may designate appropriate staff
representatives for the purpose of administering this MOU.
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.
V. Resolution of Disputes
A. If disagreements or conflicts about matters within the scope
of this MOU arise, DOE and NRC will work together to resolve these
differences.
B. Resolution of differences between DOE and NRC staff will be
the initial responsibility of the DOE Site Manager, Portsmouth Site
Office, or the DOE Site Manager, Paducah Site Office, and the Chief
of the responsible Branch within the Office of Nuclear Material
Safety and Safeguards, NRC.
C. If the issue can not be resolved at the staff level, the NRC
and DOE agree to refer the matter within 30 days to the Assistant
[[Page 59912]]
Manager for Enrichment Facilities, Oak Ridge Operations Office, DOE,
and the Director, Division of Fuel Cycle Safety and Safeguards,
Office of Nuclear Material Safety and Safeguards, NRC.
VI. Effective Date and Modification
This MOU shall become effective upon signing by the DOE
Assistant Manager for Enrichment Facilities, Oak Ridge Operations,
and the Director, Division of Fuel Cycle Safety and Safeguards,
Office of Nuclear Material Safety and Safeguards, NRC, and will be
subject to periodic reviews and may be amended or modified upon
written agreement by the parties. This MOU may be terminated by
mutual agreement or by written notice of either party submitted six
months in advance of termination.
VII. Separability
If any provision(s) of this MOU, or the application of any
provision(s) to any person or circumstances, is held invalid, the
remainder of this MOU and the application of such provision(s) to
other persons or circumstances shall not be affected.
For the Nuclear Regulatory Commission.
Dated: October 27, 1997.
Elizabeth Q. Ten Eyck,
Director Division of Fuel Cycle Safety and Safeguards, Office of
Nuclear Material Safety and Safeguards, Nuclear Regulatory Commission.
For the Department of Energy.
Dated: October 28, 1997.
Joseph W. Parks,
Assistant Manager for Enrichment Facilities, Oak Ridge Operations
Office, Department of Energy.
[FR Doc. 97-29244 Filed 11-4-97; 8:45 am]
BILLING CODE 7590-01-P