ML20041A371

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Responds to 810728 Request for Comments on Gao Rept on DOE Safety & Health Oversight Program.Doe Nuclear Program Provides Insufficient Info for NRC Review.Increased NRC Involvement W/Doe Possible
ML20041A371
Person / Time
Issue date: 01/25/1982
From: Palladino N
NRC COMMISSION (OCM)
To: Schroeder P
HOUSE OF REP.
Shared Package
ML20041A372 List:
References
NUDOCS 8202220052
Download: ML20041A371 (3)


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Central FMsJ T. Murley

. [g oog'q, UNITED STATES NRC PDR R. Vollmer

'(I NUCLEAR REGULATORY COMMISSION TSB R/F B. Snyder n

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J. Carter S. Cavanaugh E

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CHAmMAN January 25, 1982 T. Rehm K. Perkins 3'

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(81-09 7 The Honorable Pat'ricia Schroeder

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E/h United States House of Representatives D. Eiser H Washington, D.C.

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Dear Congresswoman Schroeder:

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This responds to your letter of July 28, 1981 requesti ^%-

6 Nuclear Regulatory Commission's (NRC's) comments on the General Accounting Office (GAO) report on the Department of Energy's (DOE's) safety and health oversight program for its nuclear facilities.

The DOE nuclear program is extensive and complex, and it includes high-priority national defense matters.

We do not have information which would permit us to judge independently whether DOE's safety and health oversight program is adequate or needs improvement.

A majority of the Commissioners endorse the GAO recommendation for independent safety review of DOE nuclear facilities both from the point of view of worker protection and of the public health and safety.

Commissioner Ahearne recommends following the review approach outlined in the NRC Report, NUREG-0527, " Regulation of Federal Radioactive Waste Activities - Report to the Congress on Extending the Nuclear Regulatory Commission's Licensing or Regulatory Authority to Federal Radioactive Waste Storage and Disposal Activities,"

a copy of which is enclosed.

Commissioners Gilinsky and Bradford, in order to avoid possible conflict with overriding national security imperatives, would exclude from such review facilities which are directly involved in nuclear weapons manufacture.

They would include facilities that are indirectly involved such as waste storage and I

disposal.

j Chairman Palladino and Conaissioner Roberts do not encourage increasing NRC's role in any expanded Oversight of DOE facilities.

They endorse the GAO alternative recommending the creation of a strong, centralized safety and health program within DOE, with direct authority over field safety and health personnel and DGE program offices.

The following comments address only the GAO suggestion that Congress consider legislation that would " require the NRC to review and evaluate a number of and a variety of DOE's nuclear facilities and processes, including detailed review of plant operations, the contractors' safety analysis f/

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methodology and report, and actions taken to mitigate t

hazards."

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For a number of years NRC has reviewed the design of and i

modifications to a few selected DOE reactor facilities.

These reviews are conducted after receiving a DOE request-in i

accordance with the provisions of a Memorandum of

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Understanding (MOU) between the NRC and DOE which was signed on February 24, 1978.

We will continue this effort during the coming years.

We have included in our budget the resources forecast by the existing MOU and the historical level of effort.

l In addition to the safety reviews that the Commission staff q

and the Advisory Committee on Reactor Safeguards perform upon request by DOE, the NRC routinely provides DOE with NUREG reports, monthly licensee event reports, quarterly i

abnormal occurrence reports and the NRC Office of Inspection and Enforcement bulletins and circulars.

We have also provided documents that describe our activities and actions being taken in response to the " Lessons Learned from the 1

Accident at Three Mile Island" for use by both their field organization 'and their Headquarters staff.

This information a

j is provided so that DOE can use it to balance national security considerations and protection of public health and safety at its plants.

Inasmuch as we are not involved in this process, we believe that DOE is in the best situation to determine what changes might be appropriate as a result l

of the GAO report.

We are willing to cooperate with DOE in defining and scoping increased involvement in DOE programs if requested by Congress.

NRC has experience that might be helpful.

Should NRC's role be increased to an expanded safety overview of DOE reactor facilities, a significant increase over our present level of resources for that effort would be required 4

prior to undertaking this additional effort.

l Sincerely, W

i Nunzio J.

Palladino i

Enclosure:

NUREG-0527 cc:

The Honorable James B.

Edwards Secretary of Energy Originated by :

TSB:NRR J. Carter /LLM

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