[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: [email protected].

    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