[Federal Register Volume 59, Number 183 (Thursday, September 22, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-23461]


[[Page Unknown]]

[Federal Register: September 22, 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:
Gary L. Shear, Nuclear Regulatory Commission, Region III, Division of 
Radiation Safety and Safeguards, 801 Warrenville Road, Lisle, IL 60532, 
Telephone 708-829-9876.

    Dated at Lisle, Illinois, this 15th day of September 1994.

    For the Nuclear Regulatory Commission.
John B. Martin,
Regional Administrator, Region III.

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

I. Authority

    The United States Department of Energy (DOE) and the United States 
Nuclear Regulatory Commission (NRC), Region III, enter into this 
Agreement under the authority of Section 1701 (c)(4)B of the Atomic 
Energy Act (AEA) of 1954, as amended and the Joint Statement of 
Understanding between the Nuclear Regulatory Commission and the 
Department of Energy on Implementing Energy Policy Act Provisions on 
Regulation of Gaseous Diffusion Uranium Enrichment Plants (Joint 
Statement), 59 FR 4729 (February 1, 1994).

II. Background

    The Atomic Energy Act of 1954, as amended by the Energy Policy Act 
of 1992 (42 U.S.C. Sec. 2297 et seq.), created the United States 
Enrichment Corporation (USEC), a government corporation for the purpose 
of managing and operating the uranium enrichment enterprise previously 
owned and operated by the DOE. The Energy Policy Act (the Act) also 
required that by October 24, 1994, the NRC establish its standards for 
the regulation of the gaseous diffusion plants leased by the USEC in 
order to protect the public health and safety and to provide for the 
common defense and security. After these standards are promulgated, the 
USEC is required to apply at least annually for a certificate of 
compliance with the standards. Until such time as the NRC assumes 
regulatory jurisdiction at the gaseous diffusion plants (GDPs), DOE 
will exercise nuclear safety and safeguards and security oversight 
authority at the leased portion of the gaseous diffusion plants located 
in Paducah, Kentucky, and Piketon, Ohio. The regulatory framework of 
DOE's authority is contained in the Regulatory Oversight Agreement, 
Exhibit D to the Lease Agreement between DOE and USEC dated July 1, 
1993. Pursuant to the Joint Statement, it is agreed that the NRC will 
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. The Joint Statement also provides that 
interim guidance for the NRC inspectors/observers will be established 
between the DOE Regulatory Oversight Manager and the NRC covering the 
period before the NRC assumes regulatory jurisdiction over the 
facilities.

III. Scope

    A. This agreement defines the way in which DOE and NRC will 
cooperate to facilitate the NRC's obtaining of information and 
knowledge regarding the gaseous diffusion plants and USEC's operation 
thereof through routine and special inspection activities during the 
interim period before NRC assumes regulatory responsibility. The NRC 
inspection activities will be conducted for the purpose of gathering 
information useful to the NRC in developing the 10 CFR Part 76 
standards and making the initial certification decision for the GDPs as 
directed in the Atomic Energy Act of 1954, as amended. This Agreement 
does not apply to investigations or inquiries conducted by DOE.
    B. For the purpose of this Agreement, the term ``inspection'' as 
applied to DOE shall mean the examination, review, or evaluation of any 
program or activity of the USEC with respect to: (1) the effectiveness 
of the program or activity in ensuring that the health and safety of 
the public and plant personnel are adequately protected; (2) the safe 
operation of the facilities; (3) compliance with any applicable DOE 
Nuclear Safety and Safeguards and Security Requirements as defined in 
the Regulatory Oversight Agreement (ROA). With respect to the NRC, the 
term ``inspection'' is defined as the onsite or Regional/Headquarters 
Office review of any program or activity of USEC with respect to 
prospective compliance with proposed NRC standards for the regulation 
of the leased portions of the gaseous diffusion plants.
    C. Nothing in this Agreement is intended to restrict or expand the 
authority of DOE or to affect or otherwise alter the terms of the ROA.
    D. Nothing in this Agreement confers upon the NRC Inspectors 
authority to (1) interpret or modify DOE requirements imposed on the 
USEC; (2) take enforcement actions; or (3) direct or recommend gaseous 
diffusion plant employees to take or not to take any actions. Authority 
for all such actions is reserved exclusively to DOE, until the NRC 
assumes regulatory oversight for the leased portion of the gaseous 
diffusion plants in accordance with the Act.
    E. Nothing in this agreement is intended to restrict or otherwise 
limit the authority of the NRC to exercise its full regulatory 
authority, including both inspection and enforcement authority, at such 
time as NRC assumes regulatory authority over the leased portion of the 
gaseous diffusion plants in accordance with Title II of the Atomic 
Energy Act of 1954, as amended.
    F. Under this Agreement, up to three NRC Resident Inspectors may be 
located at each gaseous diffusion plant site with visits from Regional 
and Headquarters staff to become familiar with plant operations.

IV. DOE's General Responsibilities

    DOE is responsible for conducting nuclear safety and safeguards ad 
security inspections of the leased portions of the gaseous diffusion 
plants to ensure that the plants are designed, constructed, tested, 
operated, maintained, and decommissioned in accordance with DOE 
regulatory requirements. These inspections are conducted in accordance 
with the DOE Regulatory Oversight Inspection and Enforcement Manual 
(Manual) using personnel appropriately qualified and trained to perform 
the necessary tasks. Only the DOE may take appropriate enforcement 
actions for all inspections conducted under this Agreement.

V. NRC's General Responsibilities

    A. The NRC, through its Resident and other inspectors, will conduct 
inspections and make observations for the purpose of obtaining 
information and knowledge of the gaseous diffusion plans and USEC's 
operation thereof. Such inspections shall be coordinated with the 
authorized DOE representative to ensure that both the scope and 
findings of the inspections are clearly communicated.
    B. NRC activities will be performed in accordance with Federal 
standards and requirements and DOE practices, with no undue burden on 
the DOE or the USEC.

VI. Implementation

    The DOE and NRC agree to work in concert to ensure that the 
following staffing, inspection and enforcement, communications and 
information exchange, and conflict resolution protocol regarding the 
NRC Inspector activities are followed.
A. Staffing
    1. The NRC will select its inspectors in accordance with its own 
procedures and qualifications.
    2. The NRC is responsible for obtaining security clearances for its 
inspectors.
    3. The NRC is responsible for ensuring that NRC Inspectors comply 
with safety requirements established by the USEC. The NRC is not 
required to follow USEC's fitness-for-duty program but will instead 
follow its own internal fitness-for-duty program. DOE is not 
responsible for ensuring access or space for NRC personnel. USEC is 
responsible for ensuring access and space for NRC personnel.
    4. NRC and Office of Government Ethics Conflict of Interest 
regulations will be in effect for NRC Inspectors conducting inspection 
activities related to the Gaseous Diffusion Plants.
B. Inspections and Enforcement
    1. The NRC Inspectors' activities are intended to provide 
information for use in developing standards for the gaseous diffusion 
plants and in determining whether to issue the initial certificate and/
or approve a compliance plan in accordance with the Act. NRC inspection 
activities are also intended to assist USEC in becoming familiar with 
NRC practices.
    2. The NRC Inspectors are responsible for adhering to safety 
requirements imposed by USEC related to personal safety and 
radiological protection.
    3. The NRC Inspectors may accompany the DOE Site Safety 
Representative during inspections, inspection entrance and exit 
interviews, and enforcement meetings.
    4. The DOE will provide the NRC with a copy and current updates of 
the DOE Manual.
    5. Safety/technical allegations or concerns received by the NRC 
Inspectors will be provided to the DOE for processing in accordance 
with DOE procedures, including DOE procedures for confidential sources.
    6. If an NRC Inspector identifies situations with immediate safety 
significance, he or she will immediately communicate this information 
to the USEC and the DOE Site Safety Representatives. It is essential 
that this information be discussed with a DOE site representative 
immediately upon discovery so that DOE may take prompt action as 
dictated by the situation. If the DOE Site Safety Representatives are 
unavailable, the NRC Inspector will transmit this information 
immediately to the DOE Regulatory Oversight Manager or his designee.
    7. DOE will receive copies of all written communications between 
USEC and NRC relating to activities of NRC Inspectors under this 
agreement.
    8. If potential violations of DOE regulatory requirements are 
identified as a result of the NRC's inspection activities, DOE may take 
appropriate enforcement action as set forth in Appendix B of the ROA. 
Enforcement action, if any, will be taken only by DOE.
C. Communications and Information Exchange
    1. The DOE and NRC agree in good faith to make available to each 
other information within the intent and scope of this Agreement.
    2. The DOE and NRC agree to meet every 6 months at mutually 
agreeable times and locations to exchange information on matters of 
common concern pertinent to this Agreement.
    3. The DOE and NRC agree to consider each other's identified 
information needs and concerns when developing inspection plans.
    4. The NRC will conform to DOE practices regarding information 
disclosure. For instance, the NRC must abide by DOE protocol not to 
publicly disclose DOE inspection findings prior to the release of the 
DOE inspection report. However, the NRC may discuss with USEC any NRC 
finding relative to the development of 10 CFR Part 76 standards or 
certification of the gaseous diffusion plants in accordance with the 
Act, as amended.
    5. To preclude dissemination of information which may be exempt 
from disclosure pursuant to the Freedom of Information Act, the DOE and 
NRC shall consult with each other before disclosure of information 
related to this Agreement.
    6. The NRC will notify DOE before stationing an NRC Resident 
Inspector at a site.

VII. Contacts

    A. The principal senior management contacts for this Agreement will 
be the Director, Division of Radiation Safety and Safeguards, Region 
III, NRC, and the DOE Regulatory Oversight Manager. These individuals 
may designate appropriate staff representatives for the purpose of 
administering this Agreement.
    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.

VIII. Resolution of Conflicts

    A. If disagreements or conflicts about matters within the scope of 
this Agreement arise, DOE and NRC will work together to resolve these 
differences.
    B. Resolution of differences between DOE and NRC staff over the 
significance of findings will be the initial responsibility of the DOE 
Regulatory Oversight Manager.
    C. The DOE Office of Chief Counsel, Oak Ridge Operations, will have 
the final authority to interpret DOE's regulatory requirements.

IX. Effective Date, Termination, and Modification

    This Agreement shall become effective upon signing by the Region 
III Administrator, NRC, and the DOE Regulatory Oversight Manager, and 
shall remain in effect until NRC issues the initial certificate and/or 
approves a compliance plan, which terminates this Agreement. A formal 
review, not less than 6 months after the effective date, will be 
performed concurrently by the DOE and NRC to evaluate implementation of 
the Agreement and resolve any problems identified. This Agreement will 
be subject to periodic reviews and may be amended or modified upon 
written agreement by both parties.

X. Separability

    If any provision(s) of this Agreement, or the application of any 
provision(s) to any person or circumstances, is held invalid, the 
remainder of this Agreement and the application of such provisions to 
other persons or circumstances shall not be affected.

    Dated: August 11, 1994.

    For the U.S. Department of Energy.
J. Dale Jackson,
Regulatory Oversight Manager.

    Dated: August 11, 1994.

    For the U.S. Nuclear Regulatory Commission.
John B. Martin,
Regional Administrator.
[FR Doc. 94-23461 Filed 9-21-94; 8:45 am]
BILLING CODE 7590-01-M