[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]
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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