[Federal Register Volume 65, Number 5 (Friday, January 7, 2000)]
[Notices]
[Pages 1184-1188]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-344]


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NUCLEAR REGULATORY COMMISSION


Memorandum of Understanding Between the U.S. Nuclear Regulatory 
Commission, Office of Nuclear Material Safety and Safeguards, and the 
U.S. Department of Energy, Office of Waste Management, Concerning the 
Management of Sealed Sources

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice.

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SUMMARY: This notice is to advise the public of the issuance of a 
Memorandum of Understanding (MOU) between the Nuclear Regulatory 
Commission (NRC) and the Department of Energy (DOE). The purpose of the 
MOU is to address the problem of unwanted and uncontrolled radioactive 
materials, often referred to as ``orphan sources''. The MOU defines the 
agreed-upon roles and responsibilities of the NRC and DOE in situations 
involving orphan sources where the NRC is responsible for leading the 
Federal response, where immediate health and safety hazards have been 
addressed, and where assistance with the transfer of the radioactive 
material is determined to be necessary for continued protection of 
public health and safety and the environment.

EFFECTIVE DATE: June 18, 1999.

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: Douglas A. Broaddus, NMSS, Mail Stop 
T8-F5, U.S. Nuclear Regulatory Commission, Washington, DC 20005-0001. 
Telephone: (301) 415-5847; Fax: (301) 415-5369; e-mail: [email protected].

    Dated at Rockville, Maryland, this 23rd day of December 1999.

    For the Nuclear Regulatory Commission.
Donald A. Cool,
Director, Division of Industrial and Medical Nuclear Safety, Office of 
Nuclear Material Safety and Safeguards.

Memorandum of Understanding Between the U.S. Nuclear Regulatory 
Commission, Office of Nuclear Material Safety and Safeguards and 
the U.S. Department of Energy, Office of Waste Management, 
Concerning Management of Sealed Sources

I. Introduction

    The Federal Radiological Emergency Response Plan (FRERP) provides 
guidance for the response of Federal agencies in peacetime radiological 
emergencies that have actual, potential, or perceived radiological 
consequences within the United States, its Territories, possessions, or 
territorial waters. Although the FRERP encompasses a broad range of 
radiological emergencies, it does not provide specific actions that 
each agency must take when a radiological emergency is identified. This 
Memorandum of Understanding (MOU) defines the roles and 
responsibilities between the U.S. Nuclear Regulatory Commission (NRC) 
and the Department of Energy (DOE) in situations where the NRC is 
responsible for the Federal response to a radiological emergency, but 
that does not require an immediate response (i.e., activation of the 
NRC Incident Response Plan as described in NRC Management Directive 
8.2), and where the transfer of licensed source, special nuclear, or 
byproduct radioactive material--as defined under the Atomic Energy Act 
of

[[Page 1185]]

1954, as amended (the Act)--primarily in the form of sealed sources and 
devices as described in section IV. B., to the DOE is determined to be 
necessary to protect the public health and safety and the environment.

II. Background

    This MOU formally defines the activities carried out since 1992 
under agreements reached via exchange of correspondence between NRC and 
DOE. The need for this agreement arose due to the fact that licensed 
radioactive material which exceeds the Class C limits defined in 
Sec. 61.55, Title 10 Code of Federal Regulations (CFR) is not 
acceptable for disposal at commercial disposal sites. The Low-Level 
Radioactive Waste Policy Amendments Act of 1985 (Pub. L. 99-240) made 
DOE responsible for the ultimate disposition of this material. Until 
such time as the DOE has in place a disposal or routine acceptance and 
storage capability for the various types of this material, this 
agreement is necessary to allow transfer of material which exceeds 
Class C limits from NRC and Agreement State licensees to the DOE in 
limited situations which pose an actual or potential threat to the 
public health and safety.
    Under limited situations, described in more detail in Section IV. 
A. of this agreement, DOE will consider accepting material at the 
request of NRC which does not exceed Class C limits, but only under 
situations where there is an actual or potential threat to the public 
health and safety that cannot be mitigated by other reasonable means.

III. Purpose

    This MOU applies to the recovery and disposition of byproduct, 
source, and special nuclear material in the possession of licensees and 
in the public domain by the DOE at the request of NRC. Although this 
MOU is intended to apply to these materials in the form of sealed 
sources, it is envisioned that under rare circumstances this MOU will 
apply to the recovery and disposition of radioactive materials in other 
forms, as described in section IV. B. In addition, this agreement 
applies only to material in the private sector, licensed by NRC or an 
Agreement State, which represents an actual or potential threat to the 
public health and safety.
    The determination of an actual or potential threat to the public 
health and safety will be made by the NRC as described in this MOU, in 
consultation with and participation by DOE, and may be based on such 
factors as condition of the material, environmental conditions that may 
affect the containment of the material, or loss of adequate controls by 
the licensee because of financial, technical, or other reasons. This 
MOU represents the process by which NRC may request assistance of DOE 
to mitigate or eliminate an actual or potential threat to the public 
health and safety from sealed sources and devices, after all other 
reasonable alternatives have been unsuccessfully explored.
    This MOU does not apply to situations where the DOE has in-place 
the required capabilities for routine acceptance, storage, and/or 
disposal of material which exceeds the limits of Sec. 61.55, 10 CFR as 
specified in Pub. L. 99-240. Any agreements required under those 
situations will be entered into separately or as a specific 
modification of this MOU. In addition, this MOU does not apply to 
situations which require activation of the NRC Incident Response Plan, 
nor does it apply to safeguards or reactor incidents.

IV. Scope

A. Types of Radioactive Materials
    This agreement is limited to only those radioactive materials which 
are defined under the Atomic Energy Act of 1954, as amended, as source, 
special nuclear, or byproduct materials. This agreement does not have 
the authority to require the NRC or DOE to respond to non-emergency 
situations, pursuant to this MOU, involving radioactive materials or to 
respond to emergency situations which do not involve materials 
regulated by the NRC.
    This agreement is primarily intended to provide, under emergency 
situations as described in this MOU, for the proper recovery and 
disposition by the DOE of radioactive materials that are regulated by 
NRC that exceed Class C waste limits defined in Sec. 61.55, 10 CFR. 
Radioactive materials which do not exceed Class C limits are also 
covered by this agreement in circumstances that represent an actual or 
potential threat to the public health and safety and for which there 
are no other reasonable alternatives to mitigate the threat. NRC and 
DOE will consider situations involving radioactive material which does 
not exceed Class C limits on a case-by-case basis as described in 
section IV. E., or other agreed upon procedures.
    Routine acceptance of material that does not exceed Class C limits 
is not a part of this MOU and would fall under the authority of the 
States in accordance with the intent of Pub. L. 99-240. No activities 
contained in this MOU are intended to undermine the authorities and 
responsibilities of the States as defined in Pub. L. 99-240. Further, 
situations which would be considered an emergency solely due to the 
lack of access to a compact or regional disposal site are not part of 
this MOU. These situations are covered in the emergency access 
provisions of Pub. L. 99-240 and must be addressed in accordance with 
10 CFR Part 62. The purpose of 10 CFR Part 62 is to mitigate any 
serious or immediate threat to the public health and safety due to 
denial of access to a low-level waste disposal facility.
B. Form of Radioactive Material
    This agreement primarily addresses the radioactive materials 
defined in section IV. A. in the form of sealed sources or in devices 
containing sealed sources. In general, the material must also be a form 
that is readily transportable, does not require significant special 
handling or unique handling equipment or capabilities, and is confined 
to a single location. Material forms which are determined to be outside 
these conditions will be handled on a case-by-case basis in accordance 
with section IV. E., or other agreed upon procedures.
C. Quantity of Radioactive Material
    It is envisioned that most cases covered under this MOU will 
involve only a small number of sealed sources or devices, usually less 
than ten, and only relatively small licensees. Quantities of 
radioactive material contained in individual sealed sources or devices 
should not exceed the maximum authorized on the sealed source or device 
vendor's license. Situations involving significantly greater numbers of 
sealed sources or devices or large scale licensees will be considered 
on a case-by-case basis by the NRC and DOE in accordance with section 
IV. E., or other agreed upon procedures. Radioactive materials shall 
not be combined or altered for the sole purpose of meeting the 
conditions of this MOU.
D. Nature of the Threat to the Public and Response Required
    This agreement does not apply to emergency situations requiring an 
immediate response, to situations for which immediate health and safety 
concerns have not been mitigated or to situations for which the NRC 
would not be designated as the Lead Federal Agency (LFA) for the 
federal response to a radiological emergency. This MOU addresses 
situations which the NRC determines, in consultation with DOE, 
represent an actual or potential threat to the public health and 
safety. The level of response required under this MOU will be based on 
an assessment of the potential health and safety

[[Page 1186]]

consequences of the situation (e.g., amount of material involved, 
potential for radiation exposure or releases of radioactive material, 
and potential impact on the environment).
    The authorities and responsibilities of certain Federal agencies 
(including NRC and DOE) for responding to radiological emergencies are 
specified in the FRERP. Activities under this MOU must be consistent 
with the FRERP for responses to radiological emergencies and must not 
interfere with or take precedence over FRERP activities. In addition, 
actions necessary to mitigate an emergency requiring an immediate 
response, or to mitigate an immediate health and safety threat 
(radiological or otherwise)--including temporary control over 
radioactive material--must be taken prior to any DOE recovery or 
disposition activities.
    Assistance by DOE to recover and manage the material may only be 
requested by NRC after all other reasonable alternatives to alleviate 
the situation are addressed. In addition, NRC shall identify the 
response requested of DOE. DOE shall determine the appropriate response 
to ensure the present or potential threat is mitigated or eliminated in 
such situations where existing controls may not be adequate to ensure 
long-term assurance of the public health and safety.
E. Exceptions to the Primary Intent of This MOU
    The purpose of section IV, Scope, is to define the bounds of this 
agreement in specific terms. Paragraphs A-C of this section indicate 
that exceptions to the conditions of this agreement may be necessary. 
The reason for these exceptions is that it is recognized that 
situations involving actual or potential health and safety threats 
requiring DOE assistance will not be limited to only small quantities 
of sealed sources which exceed the Class C limits as defined in 10 CFR 
Part 61.55.
    In situations where the materials involved do not meet the specific 
conditions described in paragraphs A-C above, but DOE assistance is 
determined by NRC to be necessary, then the NRC shall document the 
reason why it is appropriate to respond to the particular situation 
under the terms of this MOU, document why DOE assistance is necessary 
for the particular situation, and provide this information to DOE. The 
DOE shall review this information and document the response it intends 
to take based upon the information provided, and provide this 
information to the NRC. So as to not delay a response to a request for 
assistance, this exchange of information may take place electronically, 
so long as hardcopy follow-up is provided.
F. Other Limitations
    This agreement, and subsequent DOE recovery and disposition 
actions, are generally limited to packaging, transport, and/or receipt 
of radioactive materials, and the associated requirements to conduct 
those activities.
    This agreement is not intended to require or imply that DOE will 
provide decontamination or clean-up activities, except as a direct 
result of a DOE recovery operation, nor will DOE be expected to perform 
recovery or disposition actions for materials other than those 
specifically identified in this document.
    This MOU does not apply to requests for radiological assistance 
from DOE Radiological Assistance Program teams.

V. Authority and Regulatory Programs

A. NRC
    NRC is responsible for licensing and regulating nuclear facilities 
and material and for conducting research in support of the licensing 
and regulatory process, as mandated by the Atomic Energy Act of 1954, 
as amended; the Energy Reorganization Act of 1974, as amended; in 
accordance with the National Environmental Policy Act of 1969, as 
amended; and other applicable statutes. NRC responsibilities include 
protecting public health and safety, protecting the environment, and 
safeguarding nuclear materials in the interest of national security.
    The Office of Nuclear Material Safety and Safeguards (NMSS) was 
established under Section 204 of the Energy Reorganization Act of 1974, 
as amended, and is charged with the responsibility of protecting the 
public health and safety through regulatory control of the safe use of 
byproduct, source, or special nuclear material, for medical, 
industrial, academic, and commercial uses. To accomplish this goal, 
NMSS uses licensing, inspection, enforcement, development and 
implementation of regulations, guidance and policy, safety reviews for 
products that use the material (including sealed sources and devices), 
and other means available according to 10 CFR.
B. Agreement States
    Section 274 of the Atomic Energy Act of 1954, as amended, provides 
the NRC the authority to discontinue its regulatory authority over 
certain radioactive materials (including sealed sources and devises) 
within a State that has agreed to establish and maintain a regulatory 
program for the materials that is adequate to protect the public health 
and safety, and is compatible with NRC's program. States that have been 
found to meet these criteria and have entered into such agreements with 
NRC are called Agreement States. These Agreement States have 
independent authority to regulate the radioactive materials specified 
in the agreement within their boundaries, and are charged with 
protecting the public health and safety through the licensing, 
regulation, and enforcement of activities associated with the 
materials.
    Under Pub. L. 99-240, each State is responsible for providing for 
the disposal of radioactive material which does not exceed a waste 
Classification of C that is generated within its boundaries. In 
addition, State and local governments have primary responsibility for 
determining and implementing appropriate measures to protect life, 
property, and the environment from radiological and other hazards.
C. DOE
    DOE is responsible for conducting research and development, and 
other activities, to support the use of byproduct, source, and special 
nuclear materials for medical, biological, health, and other uses as 
mandated by the Atomic Energy Act of 1954, as amended; the Energy 
Reorganization Act of 1974, as amended; the Department of Energy 
Organization Act, as amended; and other applicable statutes.
    DOE is responsible for the disposal of radioactive material which 
exceeds a waste Classification of C as defined in Sec. 61.55, 10 CFR as 
mandated by Pub. L. 99-240. DOE is required to assure the public health 
and safety as mandated by Section 102(13) of the Department of Energy 
Organization Act, as amended, and is responsible jointly with NRC for 
the development of contingency plans to recall or recapture radioactive 
materials under Section 204(b)(2)(B) of the Energy Reorganization Act 
of 1974, as amended. In addition, DOE is granted the authority to take, 
requisition, condemn, or otherwise acquire any special nuclear, source, 
or byproduct material as authorized by Sections 55, 66, and 81, 
respectively, of the Atomic Energy Act of 1954, as amended.

VI. Agency Responsibilities and Agreements

    NRC and DOE staffs will closely coordinate actions in both the 
planning and execution phases to: (1) ensure a timely response where 
DOE assistance is necessary; (2) provide adequate protection of the 
health and safety of the public and occupational workers

[[Page 1187]]

involved in responding to requests for assistance; and (3) ensure cost 
effective operations. Each agency will develop, in consultation with 
the other, appropriate procedures as necessary to implement this 
agreement. Each agency will designate the organization and key 
personnel responsible for the day-to-day coordination and management of 
activities covered by this MOU.
A. NRC Responsibilities
    1. Upon discovery of a potential radioactive material incident 
concerning NRC or Agreement State licensed material in an uncontrolled 
condition that does not require activation of the NRC Incident Response 
Plan, the NRC regional and headquarters offices will follow the 
procedures contained in NRC Manual Chapter (MC) 1301, ``Response to 
Radioactive Material Incidents that do not Require Activation of the 
NRC Incident Response Plan,'' or Policy and Guidance Directive (P&GD) 
9-12, ``Reviewing Efforts to Dispose of Licensed Material and 
Requesting DOE Assistance,'' as applicable.
    a. Manual Chapter 1301 is applicable to this MOU in situations 
where licensed material is in an uncontrolled condition in an 
unrestricted area and a responsible party cannot be readily identified. 
Incidents applicable to MC 1301 may include locations which are 
unlicensed, as well as licensed locations where the licensee is not 
authorized to possess the radioactive material. When requesting 
assistance of DOE is considered for these type incidents, MC 1301 will 
be consulted for the procedures and guidance to follow for determining 
whether DOE assistance is appropriate and necessary. Once DOE 
assistance is determined to be appropriate and necessary, MC 1303, 
``Requesting Emergency Acceptance of Radioactive Material by DOE,'' 
will be consulted for the procedures for making the request.
    b. P&GD 9-12 is applicable to this MOU in situations where an NRC 
or Agreement State licensee is unable to safely maintain control over 
its licensed material, or there is a high potential for the licensee to 
lose control of its licensed material. NRC and Agreement State license 
reviewers will use this document to determine if DOE assistance with 
the material is appropriate and necessary, and for making the request. 
This document contains, in part, guidance for determining the need for 
DOE assistance based on an evaluation of:
    (1) whether viable options are available for recovery and 
disposition of the radioactive material, (2) the licensee's ability to 
adequately maintain control over the material and available options for 
achieving this, and (3) whether the material is causing or has a high 
potential to cause a significant health and safety risk to members of 
the public.
    2. Upon determining that DOE assistance is likely, NRC staff shall 
consult with DOE staff to: (1) provide appropriate information 
available on the incident (e.g., information listed in Enclosure 1 to 
P&GD 9-12 or MC 1303); (2) determine if any additional information is 
needed; and (3) identify any special conditions or requirements 
concerning the incident.
    3. Upon determining that DOE assistance is appropriate and 
necessary, NRC staff shall formally request DOE assistance in 
accordance with MC 1303 or P&GD 9-12, as applicable. These documents 
specify the procedure for making an official request for DOE 
assistance, information that is to be provided to DOE (e.g., sealed 
source identification and condition information, licensee name, point 
of contact, applicable historical information, etc.), the DOE addressee 
for the request, and follow-up actions after the request is made. Prior 
to issuance of the formal request, NRC will notify the applicable DOE 
staff (via phone or electronic media) that the request is being made.
    4. Prior and subsequent to requesting DOE assistance, NRC will 
determine the extent of assistance that other parties involved are 
responsible for, or are able to, provide for the recovery of the 
material to minimize the cost to the government. Examples include 
providing for the packaging and/or transport of the material.
    5. Agreement States seeking DOE assistance applicable to this MOU 
shall make all requests through NRC, following the guidance in MC 1301, 
MC 1303, or P&GD 9-12. NRC staff will evaluate the Agreement State's 
request and determine if all applicable information has been provided 
and if requesting DOE assistance is appropriate and necessary. NRC will 
not forward the request to DOE until the request contains complete 
information and provides sufficient justification for requesting DOE 
assistance, and will work with the Agreement State to obtain this 
information. NRC will make all requests for DOE assistance under this 
MOU on behalf of the Agreement States and shall serve as the single 
point-of-contact for evaluating the requests in accordance with this 
MOU.
    6. NRC shall arrange for transfer of title of the recovered 
materials to DOE or to other parties who will take possession of the 
material, as designated by DOE.
    7. Within its regulatory authority, NRC will ensure, and expedite 
where appropriate, license and/or certification reviews and amendments 
are performed as necessary to support safe and timely recovery of the 
materials and to minimize costs to the government incurred in recovery 
and shipment operations.
    8. NRC shall coordinate the efforts of non-DOE involved parties in 
recovery operations, and participate, as appropriate and necessary, to 
ensure adequate protection of public/worker health and safety, and to 
ensure regulatory compliance, as applicable.
B. DOE Responsibilities
    1. DOE staff will participate and consult with NRC in the 
determination process for requesting DOE assistance.
    2. Upon receipt of a formal request for assistance, DOE will review 
the request against the requirements of this agreement, Departmental 
policies in effect at the time of the request, changes in legislative 
authority which may affect actions requested, and expected cost versus 
available funds to carry out the requested action. DOE will review each 
request to ensure all reasonable options for disposition have been 
exhausted prior to providing assistance. Upon completion of this 
review, DOE will notify NRC of the action it will take.
    3. Upon acceptance of a request for assistance, DOE shall identify, 
package, transfer, receive, and/or store the radioactive material at a 
DOE or other appropriate facility; or contract with appropriately 
licensed firms for these services.
    4. DOE will coordinate, through NRC, with the licensee and/or local 
authorities and other agencies, as appropriate, regarding the details 
of the recovery operations and provide information on progress and 
status.
    5. DOE will take title of the radioactive material either at the 
material pickup location or at the designated receiving site, as 
determined on a case-by-case basis, or ensure title is transferred to 
appropriate parties contracted for services.
    6. DOE may review procedures that NRC uses to determine: (1) that 
material is an imminent threat to the public health and safety; (2) 
that all available options for disposition of the material have been 
exhausted; and (3) that a request for DOE assistance with radioactive 
material is appropriate and in accordance with this MOU.
    7. DOE will plan and budget, as appropriate, for its costs to 
provide for

[[Page 1188]]

reasonably expected requests under this agreement.
    8. DOE shall utilize its field elements, contractors, laboratories, 
and facilities, and private industry, as required, in recovery and 
disposition operations, for the safe, timely, and efficient conduct of 
these operations. The use of these facilities is limited to those sites 
with appropriate capabilities and compliance with applicable 
regulations, as well as necessary funding. If such a site or necessary 
funds are not available, DOE will consult with NRC and/or other Federal 
and State agencies to determine if managing the material may be 
accomplished by other means.
C. Coordination Officers
    Each agency shall designate an individual(s) who will serve as the 
respective coordination officer(s), or point(s) of contact (POC). The 
POCs will coordinate and facilitate actions required by their 
respective agencies. Additionally, they will establish and maintain a 
call list (names, phone, and fax numbers) of responsible persons for 
day-to-day contact on any matter related to this MOU, and shall provide 
this call list to each other, as requested and appropriate.

VII. Elements of Coordination

A. Information Exchange
    Both agencies agree to exchange information with respect to 
relevant programs and lessons learned. The purpose of the exchanges is 
to provide expert technical assistance to both agencies and to assist 
either agency by reducing or eliminating duplication of effort. The 
sharing of information between DOE and NRC (and Agreement States as 
appropriate) will be exercised to the extent authorized by law (i.e. 
NRC and DOE directives, statutes, and regulations), and will be 
consistent with each agencies' missions.
    Both agencies recognize the need to protect from public disclosure, 
data and information that are exchanged between them, which fall within 
the definition of trade secrets, and confidential commercial or 
financial information. Both agencies agree to exchange proprietary 
information in accordance with applicable regulations and their 
regulatory authority. If a request calls for a disclosure determination 
regarding proprietary information obtained from either agency, such as 
a Freedom of Information Act request or response to a Congressional 
inquiry--or either agency must comply with various regulatory or public 
information responsibilities--the agency responsible for the 
information will be promptly notified, by the other agency, of the need 
for disclosure of the information. The responsible agency will make any 
needed contact with the submitter of the protected information and will 
accept the responsibility for evaluating the submitter's comments, 
before rendering the disclosure determination.
B. Sharing Other Information
    DOE and NRC will also offer each other the opportunity to comment 
on regulations, regulatory guides, or other communications that refer 
to activities, policies, or regulations of the other agency, that are 
relevant to this agreement. If practicable, the documents will be 
provided for comment prior to issuance.
    Either agency may request additional information, when such is 
deemed necessary to complete its mission.

VIII. Meetings

A. Annual Inter-Agency Meeting
    The following are the offices and officers responsible for this 
agreement:
    1. For the U.S. Nuclear Regulatory Commission: Director, Office of 
Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory 
Commission, Mail Stop T8-A23, Washington, D.C. 20555; Telephone: (301) 
415-7800.
    2. For the U.S. Department of Energy: Deputy Assistant Secretary 
for Waste Management, Environmental Management, U.S. Department of 
Energy, Mail Stop 5B-040/FORS, Washington, D.C. 20585; Telephone: (202) 
586-0307.
    The DOE and NRC responsible officers, or their designated 
representatives, shall meet at least annually to evaluate the 
activities related to this MOU and make recommendations to agency heads 
on its effectiveness. DOE and NRC will host the meeting on alternating 
years.
B. Coordination Officers
    Coordination officers, POCs, or their designated representatives, 
shall meet, on a semiannual basis, to discuss technical issues related 
to this MOU, review the status of actions underway or planned, discuss 
any problems or issues, and recommend necessary changes. DOE and NRC 
shall host the meeting on alternate dates.

IX. Other Laws and Matters

    Nothing in this MOU shall be deemed to restrict, modify, or 
otherwise limit the application or enforcement of any laws of the 
United States with respect to matters specified herein, nor shall 
anything in the MOU be construed as modifying, restricting, or 
directing the existing authority of either agency.
    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 or persons challenging a government action or a failure 
to act.
    This MOU shall not be used to obligate or commit funds or as the 
basis for the transfer of funds.

X. Effective Date, Modification, and Termination of MOU

    This MOU may be further implemented by supplementary agreements in 
which authorized representatives of DOE and NRC may further amplify or 
otherwise modify the policy or provisions in the memorandum 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 memorandum or their designated 
representatives.

    This MOU will take effect when it has been signed and dated by 
the authorized representatives of DOE and NRC. It may be modified by 
mutual written consent, or terminated by either agency upon 60 days 
advance written notice. The agencies agree to reevaluate this MOU at 
lease every five years, at which time either agency has the option 
of renewing, modifying, or terminating this MOU.

    Approved and accepted for the U.S. Nuclear Regulatory 
Commission.
Carl J. Paperiello,
Director, Office of Nuclear Material Safety and Safeguards.

    Dated: June 18, 1999.

    Approved and accepted for the U.S. Department of Energy.
Mark W. Frei,
Acting Deputy Assistant Secretary for Waste Management, Environmental 
Management.

    Dated: December 18, 1998.
[FR Doc. 00-344 Filed 1-6-00; 8:45 am]
BILLING CODE 7590-01-P