ML20153D296
| ML20153D296 | |
| Person / Time | |
|---|---|
| Issue date: | 09/16/1998 |
| From: | Shirley Ann Jackson, The Chairman NRC COMMISSION (OCM) |
| To: | Bennett R, Burns C, Byrd R, Callahan S, Cochran T, Craig L, Dickey J, Domenici P, Dorgan B, Edwards C, Fazio V, Frelinghuysen, Gordon S, Hollings E, Inouye D, Knollenberg J, Kohl H, Livingston B, Matthew Mcconnell, Mcdade J, Murray P, Obey D, Parker M, Pastor E, Reid H, Rogers H, Stevens T, Visclosky P HOUSE OF REP., APPROPRIATIONS, SENATE, APPROPRIATIONS |
| References | |
| NUDOCS 9809250017 | |
| Download: ML20153D296 (4) | |
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UNITED STATES NUCLEAR REGULATORY COMMISSION - p)I pd WASHINGTON, D.C. 20056-0001 5 s g. oltk
.m. September 16,- 1998' 1 CHAIRMAN The Honorable Pete V. Domenici, Chairman Subcommittee on Energy and Water Development Committee on Appropriations
. United States Senate -
Washington, D.C. 20510
Dear Mr. Chairman:
The House and Senate have passed differing versions of the Nuclear Regulatory Commission's (NRC) appropriation bill, the Energy and Water Development Act for Fiscal Year 1999 (H.R. 4050). The House-passed bill would provide the Commission with regulatory authority over the Ernest Orlando Lawrence Berkeley National Laboratory (LBNL or the Laboratory). The -
Commission supports this augmentation of its regulatory jurisdiction, but Lelieves that such legislation should be modified to (1) provide NRC the additional authority to regulate naturally occurring and accelerator produced radioactive materials (NARM) at the Laboratory, (2) provide
. NRC the authority and flexibility to regulate either by licensing or certification of DOE, DOE's operating contractor for the Laboratory, or both, (3) clarify the judicial review mechanism for
. NRC's oversight of the Laboratory, (4) clarify the relative authorities and responsibilities of NRC and the Occupational Safety and Health AdminMtrati6n (OSHA) for protecting worker health and safety at the Laboratory, (5) explicitly address DOE's responsibility for indemnification and decommissioning, and (6) clarify matters relating to a transition plan for the transfer of regulatory oversight responsibility and authority for the Laboratory.
For these purposes, we are providing for your consiocration a proposed revision to the House passed bill that would address such matters. We are pleased to note that the NRC has worked with OSHA and reached agreement on the respective roles of the two agencies in protecting workers at LBNL. We believe that the provisions in the enclosed draft legislation dealing with radiological and non-radiological health and safety hazards and the requirement for the
. development of a Memorandum of Unc%rstanding between the NRC and OSHA reflect this agreement.
/
We urge that you consider the enclosec draft legislation for the external oversight and regulation of LBNL, and we stand ready to .orovide any assistance we can on the matter. The /
Commission appreciates your consideration cd its views on these important issues. /
Sincerely, Jh1%
Enclosure:
Draft Legislation 4
9909250017 990916 PDR COP 9tB NRCC CORRESPONDENCE PDR 4 m
IMPLEMENTATION OF EXTERNAL REGULATION l l SEC. . (a) AUTHORITY.-
l (1) ELIMINATION OF DEPARTMENT OF ENERGY AUTHORITY. -- Except as ,
provided in paragraph (2), effective August 1,1999, the Department of Energy shall I have no regulatory or enforcement authority, through rules, regulations, orders and (
standards, or reporting requirements, with respect to Federal, State, and local environmental, safety, and health requirements at the Ernest Orlando Lawrence Berkeley National Laboratory. l (2) EXCEPTION. -- Notwithstanding paragraph (1), the Department of Energy sh?'
retain regulatory or enforcement authority described in paragraph (1) to the extent th no other Federal, State, or local governmental agency has such regulatory or
! enforcement authority.
(b) OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION AND NUCLEAR REGULATORY COMMISSION AUTHORITY. --
(1) JURISDICTION. --
(A) OSHA. -- Notwithstanding any other provision of law, effective August 1, 1999, the Occupational Safety and Health Administration t, hall assume the regulatory and enforcement responsibilities of the Department of Energy relating to matters covered by the Occupational Safety and Health Act of 1970 (29 U.S.C. 655) with regard to the Ernest Orlando Lawrence Berkeley National Laboratory as described in paragraphs (2) and (3). Any contractors operating the Laboratory for the Department of Energy, and any subcontractors engaged in work at such facilities, shall, whether private sector or governmental entities, be considered employers for the purposes of the Occupational Safety and Health Act of 1970 (29 U.S.C. 551 et seq.); the Atomic Energy Act of 1954, as amended (42 U.S.C. 2011 et seq.); and the Energy Reorganization Act of 1974 (42 U.S.C.
5801 et seq.).
(B) NRC. -(i) Effective August 1,1999, the United States Nuclear Regulatory Commission shall assume the regulatory and enforcement responsibilities of the Department of Energy under the Atomic Energy Act of 1954 with regard to radiological safety and health at the Laboratory, including such responsibilities with respect to accelerator-produced radioactive material and lonizing radiation generating machines, as described in paragraphs (2) and (3). For the purposes of carrying out the responsibilities described in this paragraph, the Commission, in its discretion, may license or provide certification for the Department of Energy, the Department of Energy's contractor for operation of the Laboratory, or both.
(ii) Any final order or regulation of the United States Nuclear Regulatory Con mission establishing standards to govern the operation of the Laboratory and any final determination by the Commission relating to whether the Laboratory in compliance with a Commission regulation or order applicable to the Laboratory shall be subject to judicial review as provided for Commission actions covered by section 189.b of the Atomic Energy Act of 1954 (42 U.S.C. 2239(b)).
2-(2) APPLICABILITY -- Section 4(b)(1) of the Occupational Safety and Health Act l (29 U.S.C. 653(b)(1)) shall not apply to the regulatory and enforcement responsibilities of the Occupational Safety and Health Administration at the i Ernest Orlando Lawrence Berkeley National Laboratory, and the authorities and l I
. responsibilities of the Occupational Safety and Health Administration and the
( United States Nuclear Regulatory Commission for worker safety and health at l
the Laboratory are subject to the requirements of paragraph (3).
(3) RESPONSIBILITIES. -- Effective August 1,1999, (i) the Occupational Safety and Health Administration shall exercise regulatory and enforcement authority with respect to non-radiological safety and health hazards at the Laboratory; (ii) The i United States Nuclear Regulatory Commission shall exercise regulatory and enforcement authority with respect to radiological safety and health hazards at I
the Laboratory; and (iii) the Occupational Safety and Health Administration and i
the United States Nuclear Regulatory Commission shall jointly exercise l regulatory and enforcement authority with respect to safety and health hazards l that contain both a non-radiological and a radiological component and shall l coordinate their regulatory and enforcement activities pursuant to a Memorandum of Understanding required by paragraph (5). ,
(4) In carrying out his responsibilities under the Occupational Safety and Health Act of 1970, the Secretary of Labor may enforce the requirements related to ;
occupational exposure in Part 20 of Title 10 of the Code of Federal Regulations !
in the same manner that standards issued under section 6 of that Act are enforced. Nothing in the preceding sentence shall be construed to reduce or ;
limit in any way the authority of the United States Nuclear Regulatory Commission.
(5) MEMORANDUM OF UNDERSTANDING -The United States Nuclear Regulatory Commission and the Occupational Safety and Health Administration shall, within 90 days after the date of the enactment of this Act, enter into a Memorandum of Understanding to govern the exercise of their respective authorities over occupational safety and health hazards at the Laboratory. The provisions of the Memorandum of Understanding shall be consistent with the principles set forth in the July 26,1996 Memorandum of Understanding Between the Nuclear Regulatory Commission and the Occupational Safety and Health Administration with Respect to Gaseous Diffusion Plants.
(c) DECOMMISSIONING. -- A contractor operating the Laboratory shall not be
~
responsible for the costs of decommissioning that facility. No enforcement action may be taken against such contractor for any violation of United States Nuclear Regulatory Commission decommissioning requirements, if such violation is a result of a failure of the Department of Energy to fund decommissioning activities.
(d) INDEMNIFICATION. -- The Secretary of Energy shall continue to indemnify the Laboratory pursuant to section 170.d of the Atomic Energy Act of 1954 (42 U.S.C.
2210(d)).
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4 (e) CIVIL PENALTIES. -- The Department of Energy's contractors operating the Laboratory shall not be liable for civil penalties under the Atomic Energy Act of 1954 or the Occupational Safety and health Act of 1970 for any actions taken before October 1, 2000, pursuant to the transfer of regulatory and enforcement responsibilities required by this section.
(f) TRANSITION PLAN. -- By October 31,1998, the Secretary of Energy, in coordination with the United States Nuclear Regulatory Commission and the Occupational Safety and Health Administration, shall prepare a detailed transition plan for the transfer of regulatory and enforcement responsibilities required by this section, including activities to be coordinated with the United States Nuclear Regulatory Commissiori and the Occupational Safety and Health Administration.
(g) TRANSFER OF FUNDS. -- For the purposes of carrying out this section, and for conducting pilot programs and other activities necessary to prepare for and effect the transition of regulatory and enforcement responsibilities from the Department of Energy, the Secretary of Energy shall transfer (to be determined) from the appropriation made by this Act for Departmen+-' Nministration to the Occupational Safety and Health Administration.
. . _ _ _ ._ _ - - ~ - . _ . . . _ . . . . _ . _ _ -- _
- . _ _ ~ _ ..- _ . _ __.._. _ _ _ _ _. _ __. _ __._ _ . _ _ . _ _ . . _ . _ _ _ _ . . . . _
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UNITED STATES
_ p[@aou4,j ,
. NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20066-0001
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- September 16, 1998 cHA N4AN r
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The Honorable Harry Reid 3
Subcommittee on Energy and Water Development l Committee on Appropriations United States Senate Washington, D.C. 20510 - !
Dear Senator Reid:
l . The House and Senate have passed differing versions of the Nuclear Regulatory Commission's (NRC) appropriation bill, the Energy and Water Development Act for Fiscal Year 1999 (H.R. 4060). The House-passed bill would provide the Commission with regulatory authority over the Emest Orlando Lawrence Berkeley National Laboratory (LBNL or the Laboratory). The ;
Commission supports this augmentation of its regulatory jurisdiction, but believes that such j legislation should be modified to (1) provide NRC the additional authority to regulate naturally occurring and accelerator produced radioactive materials (NARM) at the Laboratory, (2) provide l
NRC the authority and flexibility to regulate either by licensing or certification of DOE, DOE's operating contractor for the Laboratory, or both, (3) clarify the judicial review mechanism for NRC's oversight of the Laboratory, (4) clarify the relative authorities and responsibilities of NRC and the Occupational Safety and Health Administration (OSHA) for protecting worker health and safety at the Laboratory, (5) explicitly address DOE's responsibility for indemnification and l decommissioning, and (6) clarify matters relating to a transition plan for the transfer of. !
1
. regulatory oversight responsibility and authority for the Laboratory.
For these purposes, we are providing for your co., sideration a proposed revision to the House passed bill that would address such matters. We are pleased to note that the NRC has worked with OSHA and reached agreement on the respective roles of the two agencies in protecting
- workers at LBNL. We believe that the provisions in the enclosed draft legislation dealing with 4
radiological and non-radiological health and safety hazards and the requirement for the development of a Memorandum of Understanding between the NRC and OSHA reflect this agreement.
We urge that you consider the enclosed draft legislation for the external oversight and regulation of I.BNL, and we stand ready to provide any assistance we can on the matter. The Commission appreciates your consideration of its views on these important issues.
Sincerely, hh_- /
Enclosure:
Draft Legislation
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\,j g UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON D.C. 20665-0001 g*****/ September 16, 1998
' CHAMMAN ,
1 I
The Honorable Thad Cochran Subcommittee on Energy and Water Development ;
Committee on Appropriations United States Senate Washington, D.C. 20510 )
Dear Senator Cochran:
The House and Senate have passed differing versions of the Nuclear Regulatory Commission's (NRC) appropriation bill, the Energy and Water Development Act for Fiscal Year 1999 (H.R. 4060). The House-passed bill would provide the Commission with regulatory authority .
over the Ernest Orlando Lawrence Berkeley National Laboratory (LBNL or the Laboratory). The l
Commission supports this augmentation of its regulatory jurisdiction, but believes that such l
legislation should be modified to (1) provide NRC the additional authority to regulate naturally l
! occurring and accelerator produced radioactive materials (NARM) at the Laboratory, (2) provide l l NRC the authority and flexibility to regulate either by licensing or certification of DOE, DOE's l operating contractor for the Laboratory, or both, (3) clarify the judicial review mechanism for l NRC's oversight of the Laboratory, (4) clarify the relative authorities and responsibilities of NRC l - and the Occupational Safety and Health Administration (OSHA) for protecting worker health l and safety at the Laboratory, (5) explicitly address DOE's responsibility for indemnification and I l
! decommissioning, and (6) clarify matters relating to a transition plan for the transfer of regulatory oversight responsibility and authority for the Laboratory.
For these purposes, we are providing for your consideration a proposed revision to the House passed bill that would address such matters. We are pleased to note that the NRC has worked with OSHA and reached agreement on the respective roles of the two agencies in protecting l
workers at LBNL. We believe that the provisions in the enclosed draft legislation dealing with
! radiological and non-radiological health and safety hazards and the requirement for the development of a Memorandum of Understanding between the NRC and OSHA reflect this agreement.
l We urge that you consider the enclosed draft legislation for the external oversight and regulation of LBNL, and we stand ready to provide any assistance we can on the matter. The l
Commission appreciates your consideration of its views on these important issues.
i l Sincerely, i
I i Shirley Ann Jackson i
~
Enclosure:
Draft Legislation i
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- %. UNITED STATES I NUCLEAR REGULATORY COMMISSION l -. '4 WASHINGTON, D.C. 2066H001 l O
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September 16, 1998
)
CHARMAN l
i
, . The Honorable Slade Gorton
. Subcommittee on Energy and Water Development Committee on Appropriations i
! United States Senate .
_ Washington, D.C. 20510
Dear Senator Gorton:
')
i The House and Senate have passed differing versions of the Nuclear Regulatory Commission's ,
(NRC) appropriation bill, the Energy and Water Development Act for Fiscal Year 1999
, .(H.R. 4060). The House-passed bill would provide the Commission with regulatory authority over the Emest Orlando Lawrence Berkeley National Laboratory (LBNL or the Laboratory). The Commission supports this augmentation of its regulatory jurisdiction, but believes that such legislation should be modified to (1) provide NRC the additional authority to regulate naturally ;
occurring and accelerator produced radioactive materials (NARM) at the Laboratory, (2) provide NRC the authority and flexibility to regulate either by licensing or certification of DOE, DOE's operating contractor for the Laboratory, or both, (3) clarify the judicial review mechanism for - '
! _ NRC's oversight of the Laboratory, (4) clarify the relative authorities and responsibilities of NRC
- and the Occupational Safety and Health Administration (OSHA) for protecting worker health and safety at the Laboratory,-(5) explicitly address DOE's responsibility for indemnification and decommissioning, and (6) clarify matters relating to a transition plan for the transfer of regulatory oversight responsibility and authority for the Laboratory.
l- For these purposes, we are providing for your consideration a proposed revision to the House passed bill that would address such matters. We are pleased to note that the NRC has worked with OSHA and reached agreement on the respective roles of the two agencies in protecting workers at LBNL. We believe that the provisions in the enclosed draft legislation dealing with radiological and non-radiological health and safety hazards and the requirement for the
- development of a Memorandum of Understanding between the NRC and OSHA reflect this agreement.
We urge that you consider the enclosed draft legislation for the extemal oversight and -
regulation of LBNL, and we stand ready to provide any assistance we can on the matter. The Commission appreciates your consideration of its views on these important issues.
Sincerely, Shirley Ann Jackson
Enclosure:
Draft Legislation f ~
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. -- - . _ . - . - . _ . _ - . - . _ ..- . . _ - . . _ _ - . _ _ - ~ . - ~ . _ _ . - - . .
N UNITED STATES
< p '; NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 2006H001
- \ e . . + ,o September 16, 1998 cHAmuAN The Honorable Mitch McConnell '
Subcommittee on Energy and Water Development Committee on Appropriations Un*:.d States Senate -
Washington, D.C. 20510
Dear Senator McConnell:
a' The House and Senate have passed differing versions of the Nuclear Regulatory Commission's
. (NRC) appropriation bill, the Energy and Water Development Act for Fiscal Year 1999 (H.R. 4060). The House-passed bill would provide the Commission with regulatory authority over the Emest Orlando Lawrence Berkeley National Laboratory (LBNL or the Laboratory). The Commission supports this augmentation of its regulatory jurisdiction, but believes that such legislation should be modified to (1) provide NRC the additional authority to regulate naturally occurring and accelerator produced radioactive materials (NARM) at the Laboratory, (2) provide NRC the authority and flexibility to regulate either by licensing or certification of DOE, DOE's operating contractor for the Laboratory, or both, (3) clarify the judicial review mechanism for NRC's oversight of the Laboratory, (4) clarify the relative authorities and responsibilities of NRC and the Occupational Safety and Health Administration (OSHA) for protecting worker health '
and safety at the Laboratory, (5) explicitly address DOE's responsibiliy for indemnification and decommissioning, and (6) clarify matters relating to a transition plan for the transfer of regulatory oversight responsibility and authority for the Laboratory.
For these purposes, we are providing for your consideration a proposed revision to the House '
passed bill that would address such matters. We are pleased to noto that the NRC has worked with OSHA and reached agreement on the respective roles of the two agencies in protecting workers at LBNL. We believe that the provisions in the enclosed draft legislation dealing with radiological and non-radiological health and safety hazards and the requirement for the
, development of a Memorandum of Understanding between the NRC and OSHA reflect this
- - agreement.
We urge that you consider the enclosed draft legislation for the external oversight and regulation of LBNL, and we stand ready to provide any assistance we can on the matter. The Commission appreciates your consideration of its views on these important issues.
Sincerely,
/ -
Enclosure:
Draft Legislation
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4 p ut UNITED STATES r,'4 NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 1 \ ,.. /
% September 16, 1998 cHAMMAN The Honorable Conrad Burns Subcommittee on Energy and Water Development Committee on Appropriations United States Senate Washington, D.C. 20510
Dear Senator Burns:
The House and Senate have passed differing versions of the Nuclear Regulatory Commission's (NRC) appropriation bill, the Energy and Water Development Act for Fiscal Year 1999 (RR.' 4060). The House-passed bill would provide the Commission with regulatory authority over the Ernest Orlando Lawrence Berkeley National Laboratory (LBNL or the Laboratory). The Commission supports this augmentation of its regulatory jurisdiction, but believes that such legislation should be modified to (1) provide NRC the additional authority to regulate naturally occurring and hccelerator produced radioactive materials (NARM) at the Laboratory, (2) provide NRC the authority and flexibility to regulate either by licensing or certification of DOE, DOE's operating contractor for the Laboratory, or both, (3) clarify the judicial review mechanism for NRC's oversight of the Laboratory, (4) clarify the relative authorities and responsibilities of NRC and the Occupational Safety and Health Administration (OSHA) for protecting worker health and safety at the Laboratory, (5) explicitly address DOE's responsibility for indemnification and decommissioning, and (6) clarify matters relating to a transition plan for the transfer of regulatory oversight responsibility and authority for the Laboratory.
For these purposes, we are providing for your consideration a proposed revision to the House
- passed bill that would address such matters. We are pleased to note that the NRC has worked with OSHA and reached agreement on the respective roles of the two agencies in protecting v.orkors at LBNL. We believe that the provisions in the enclosed draft legislation dealing with radiological and non radiological health and safety hazards and the requirement for the development of a Memorandum of Understanding between the NRC and OSHA reflect this agreement.
We urge that you consider the enclosed draft legislation for the extemal oversight and regulation of LBNL, and we stand ready to provide any~ assistance we can on the matter. The
- Commission appreciates your consideration of its views on these important issues.
Sincerely, Shirley Ann Jackson
Enclosure:
Draft Legislation
---r 1
e UNITED STATES
- g[puz '3, NUCLEAR REGULATORY COMMISSION g WASHINGTON. D.C. 20666-0001 g-k*****,o September 16, 1998 CHAIRMAN -
l}
}:
The Honorable Larry E. Craig . _
Subcommittee on Energy and Water Development (
l Committee on Appropriations i United States Senate
' Washington, D.C.' 20510
Dear Senator Craig:
The House and Senate have passed differing versions of the Nuclear Regulatory Commission's (NRC) appropriation bill, the Energy and Water Development Act for Fiscal Year 1999 (H.R. 4060). The House-passed bill would provide the Commission with regulatory authority over the Emest Orlando Lawrence Berkeley National Laboratory (LBNL or the Laboratory). The Commission supports this augmentation of its regulatory jurisdiction, but believes that such l legislation should be modified to (1) provide NRC the additional authority to regulate naturally occurring and accelerator produced radioactive materials (NARM) at the Laboratory, (2) provide ,
NRC the authority and flexibility to regulate either by licensing or certification of DOE, DOE's l operating contractor for the Laboratory, or both, (3) clarify the judicial review mechanism for NRC's oversight of the Laboratory, (4) clarify the relative authorities and responsibilities of NRC and the Occupational Safety and Health Administration (OSHA) for protecting worker health and safety at the Laboratory, (5) explicitly address DOE's responsibility for indemnification and ;
decommissioning, and (6) clarity matters relating to a transition plan for the transfer of regulatory oversight responsibility and authority for the Laboratory.
For these purposes, we are providing for your consideratic,n a proposed revision to the House passed bill that would addrers such matters. We are pleased to note that the NRC has worked with OSHA and reached agreement on the respective roles of the two agencies in protecting workers at LBNL. We believe that the provisions in the enclosed draft legislation dealing with radiological and non-radiological health and safety hazards and the requirement for the development of a Memorandum of Understanding between the NRC and OSHA reflect this' agreement.
We urge that you consider the enclosed draft legislation for the external oversight and
- regulation of LBNL, and we stand ready to provide any assistance we can on the matter. The Commission appreciates your consideration of its views on these important issues.
Sincerely, M
Enclosure:
Draft Legislation
_ __ _. ~ _ _ _ , ~ . - _ _ _ -
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[ % UNITED STATES
. p \ NUCLEAR REGULATORY COMMISSION WASHINGTON. D.C. 20555-0001 l
e l
\*****/
CHAIRMAN September 16, 1998 l
l The Honorable Robert C. Byrd Committee on Appropriations United States Senate Washington, D.C. 20510
Dear Senator Byrd:
The House and Senate have passed differing versions of the Nuclear Regulatory Commission's l (NRC) appropriation bill, the Energy and Water Development Act for Fiscal Year 1999 l (H.R. 4060). The House-passed bill would provide the Commission with regulatory authority over the Ernest Orlando Lawrence Berkeley National Laboratory (LBNL or the Laboratory). The Commission supports this augmentation of its regulatory jurisdiction, but believes that such
! legislation should be modified to (1) provide NRC the additional authority to regulate naturally j occurring and accelerator produced radioactive materials (NARM) at the Laboratory, (2) provida NRC the authority and flexibility to regulate either by licensing or certification of DOE, DOE's operating contractor for the Laboratory, or both, (3) clarify the judicial review mechanism for 1
NRC's oversight of the Laboratory, (4) clarify the relative authorities and responsibilities of NRC and the Occupational Safety and Health Administration (OSHA) for protecting worker health j and safety at the Laboratory, (5) explicitly address DOE's responsibility for indemnification and l decommissioning, and (6) clarify matters relat;ng to a transition plan for the transfer of regulatory oversight responsibility and authority for the Laboratory.
For these purposes, we are providing for your consideration a proposed revision to the House passed bill that would address such matters. We are pleased to note that the NRC has worked with OSHA and reached agreement on the respective roles of the two agencies in protecting workers at LBNL. We believe that the provisions in the enclosed draft legislation dealing with radiological and non-radiological health and safety hazards and the requirement for the development of a Memorandum of Understanding between the NRC and OSHA reflect this agreement. l l
We urge that you consider the enclosed draft legislation for the external oversight and '
regulation of LBNL, and we stand ready to provide any assistance we can on the matter. The Commission appreciates your consideration of its views on these important issues.
I l
l Sincerely, Shirley Ann Jackson t
Enclosure:
Draft Legislation l
l l !
.a- 1 Maru% -
UNITED STATES
- 1 NUCLEAR REGULATORY COMMISSION g WASHINGTON, D.C. 20666-4001 e
g,*****f September 16, 1998 CHAIRMAN I
The Honorable Daniel K. Inouye Committee on Appropriations United States Senate Washington, D.C. 20510
Dear Senator Inouye:
l The House and Senate have passed differing versions of the Nuclear Regulatory Commission's
- (NRC) appropriation bill, the Energy and Water Development Act for Fiscal Year 1999 (H.R. 4060). The House-passed bill would provide the Commission with regulatory authority over the Emest Orlando Lawrence Berkeley National Laboratory (LBNL or t% Laboratory). The !
- Commission supports this augmentation of its regulatory jurisdiction, but believes that such legislation should be modified to (1) prodde NRC the additional authority to regulate naturally occurring and accalerator produccd radioactive materials (NARM) at the Laboratory, (2) prcvide NRC the authority and flexibility to regulate either by licensing or certification of DOE, DOE's operating contractor for the Laboratory, or wth, (3) clarify the judicial review mechanism for NRC's oversight of the Laboratory, (4) clainfy the relative authorities and responsibilities of NRC and the Occupational Safety and Health Administration (OSHA) for protecting worker health and safety at the Laboratory, (5) explicitly address DOE's responsibility for indemnification and
~ decommissioning, and (6) clarify matters relating to a transition plan for the transfer of regulatory oversight responsibility and authority for the Laboratory.
For these purposes, we are providing for your consideration a proposed revision to the House passed bill that would address such matters. We are pleased to note that the NRC has worked with OSHA and reached agreement on the respective roles of the two agencies in protecting workers at LBNL. We believe that the provisions in the enclosed draft legislation dealing with radiological and non-radiological health and safety hazards and the requirement for the development of a Memorandum of Understanding between the NRC and OSHA reflect this
- agreement.
We urge that you consider the enclosed draft legislation for the external oversight and regulation of LBNL, and we stand ready to provide any assistance we can on the matter. The Commission appreciates your consideration of its views on these important issues.
Sincerely, (i Al f
Enclosure:
Draft Legislation I
UNITED STATES p *g NUCLEAR REGULATORY COMMISSION WASHINGTON. D.C, 20656-4001 g
\*****/
CHAIRMAN September 16, 1998 The Honorable Ernest F. Hollings Subcommittee on Energy and Water Development Committee on Appropriations United States Senate Washington, D.C. 20510
Dear Senator Hollings:
The House and Senate have passed differing versions of the Nuclear Regulatory Commission's-(NRC) appropriation bill, the Energy and Water Development Act for Fiscal Year 1999 (H.R. 4060). The House-passed bill would provide the Commission with regulatory authority over the Ernest Orlando Lawrence Berkeley National Laboratory (LBNL or the Laboratory). The Commission supports this augmentation of its regulatory jurisdiction, but believes that such legislation should be modified to (1) provide NRC the additional authority to regulate naturally occurring and accelerator produced radioactive materials (NARM) at the Laboratory, (2) provide NRC the authority and flexibility to regulate either by licensing or certification of DOE, DOE's operating contractor for the Laboratory, or both, (3) clarify the judicial review mechanism for NRC's oversight of the Laboratory, (4) clarify the relative authorities and responsibilities of NRC and the Occupational Safety and Health Administration (OSHA) for protecting worker health and safety at the Laboratory, (5) explicitly address DOE's responsibility for indemnification and decommissioning, and (6) clarify matters relating to a transition plan for the transfer of regulatory oversight responsibility and authority for the Laboratory.
For these purposes, we are providing for your consideration a proposed revision to the House passed bill that would address such matters. We are pleased to note that the NRC has worked with OSHA and reached agreement on the respective roles of the two agencies in protecting workers at LBNL. We believe that the provisions in the enclosed draft legislation dealing with radiological and non-radiological health and safety hazards and the requirement for the development of a Memorandum of Understanding between the NRC and OSHA reflect this agreement.
- We urge that you consider the enclosed draft legislation for the external oversight and regulation of LBNL, and we stand ready to provide any assistance we can on the matter. The Commission appreciates your consideration of its views on these important issues.
Sincerely,
) (h- L-Shirley Ann Jackson
Enclosure:
Draft Legislation
- # UNITED STATES 8 '4 NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20666-4001
'\,,.....f September 16, 1998 CHAIRMAN i
The i hable Herb Kohl Subu enittee on Energy and Water Development Committee on Appropriations United States Senate Washington, D.C. 20510
Dear Senator Kohl:
-The House and Senate have passed differing versions of the Nuclear Regulatory Commission's i
. (NRC) appropriation bill, the Energy and Water Development Act for Fiscal Year 1999 (H.R. 4060). The House-passed bill would provide the Commission with regulatory authority over the Ernest Orlando Lawrence Berkeley National Laboratory (LBNL or the Laboratory). The Commission supports this augmentation of its regulatory jurisdiction, but believes that such ,
legislation should be modified to (1) provide NRC the additional authority to regulate naturally occurring and accelerator produced radioactive materials (NARM) at the Laboratory, (2) provide NRC the authority and flexibility to regulate either by licensing or certification of DOE, DOE's operating contractor for the Laboratory, or both, (3) clarify the judicial review mechanism for NRC's oversight of the Laboratory, (4) clarify the relative authorities and responsibilities of NRC and the Occupational Safety and Health Administration (OSHA) for protecting worker health and safety at the Laboratory, (5) explicitly address DOE's responsibility for indemnification and decommissioning, and (6) clarify matters relating to a transition plan for the transfer of regulatory oversight responsibility and authority for the Laboratory.
ror these purposes, we are providing for your consideration a proposed revision to the House passed bill that would address such matters. We are pleased to note that the NRC has worked with OSHA and reached agreement on the respective roles of the two agencies in protecting-workers at LBNL. We believe that the provisions in the enclosed draft legislation dealing with radiological and non-radiological health and safety hazards and the requirement for the
~ development of a Memorandum of Understanding between the NRC and OSHA reflect this agreement.
We urge that you consider the enclosed draft legislation for the extemal oversight and regulation of LBNL, and we stand ready to provide any assistance we can on the matter. The Commission appreciates your consideration of its views on these important issues.
Sincerely, Jay +~
Enclosure:
Draft Legislation
- % UNITED STATES
[6 -%" NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20666-0001 E E
\,,,,,,/ September 16, 1998 CHAIRMAN The Honorable Patty Murray Subcommittee on Energy and Water Development Committee on Appropriations United States Senate Washington, D.C. 20510
Dear Senator Murray:
T's House and Senate have passed differing versions of the Nuclear Regulatory Commission's (NRC) appropriation bill, the Energy and Water Development Act for Fiscal Year 1999 (H.R. 4060). The House-passed bill would provide the Commission with regulatory authority over the Ernest Orlando Lawrence Berkeley National Laboratory (LBNL or the Laboratory). The Commission supports this augmentat.on of its regulatory jerisdiction, but believes that such legislation should be modified to (1) provide NRC the additional authority to regulate naturally occurring and accelerator produced radioactive materials (NARM) at the Laboratory, (2) provide NRC the authority and flexibility to regulate either by licensing or certification of DOE, DOE's operating contractor for the Laboratory, or both, (3) clarify the judicial review mechanism for NRC's oversight of the Laboratory, (4) clarify the relative authorities and responsibilities of NRC and the Occupational Safety and Health Administration (OSHA) for protecting worker health and safety at the Laboratory, (5) explicitly address DOE's responsibility for indemnification and decommissioning, and (6) clarify matters relating to a transition plan for the transfer of regulatory oversight responsibility and authority for the Laboratory.
For these purposes, we are providing for your consideration a proposed revision to the House passed bill that would address such matters. We are pleased to note that the NRC has worked with OSHA and reached agreement on the respective roles of the two agencies in protecting workers at LBNL. We believe that the provisions in the enclosed draft legislation dealing with radiological and non-radiological health and safety hazards and the requirement for the development of a Memorandum of Understanding between the NRC and OSHA reflect this agreement.
We urge that you consider the enclosed draft legislation for the external oversight and regulation of LBNL, and we stand ready to provide any assistance we can on the matter. The Commission appreciatos your consideration of its views on these important issues.
Sincerely, Shirley Ann Jackson
Enclosure:
Draft Legislation
'44 J
[ \
UNITED STATES
~ NUCLEAR REGULATORY COMMISSION.
WASHINGTON, D.C. 20066-0001
\*****J CHAIRMAN September 16, 1998 The Honorable Byron L. Dorgan
- Subcommittee on Energy and Water Development
- Committee on Appropriations United States Senate Washington, D.C.' 20510
Dear Senator Dorgan:
L The House and Senate have passed differing versions of the Nuclear Regulatory Commission's
" (NRC) appropriation bill, the Energy and Water Development Act for Fiscal Year 1999
. (H.R. 4060). The House-passed bill would provide the Commission with regulatory authority over the Emest Orlando Lawrence Berkeley National Laboratory (LBNL or the Laboratory). _The Commission supports tais augmentation of its regulatory jurisdiction, but believes that such '
legislation should be modified to (1) provide NRC the additional authority to regulate naturally
- occurring and accelerator produced radioactive materials (NARM) at the Laboratory, (2) provide NRC the authority and flexibility to regulate either by licensing or certification of DOE, DOE's operating contractor for the Laboratory, or both, (3) clarify the judicial review mechanism for NRC's oversight of the Laboratory, (4) clarify the relative authorities and responsibilities of NRC and the Occupational Safety and Health Administration (OSHA) for protecting workar health and safety at the Laboratory, (5) explicitly address DOE's responsibility for indemnification and decommissioning, and (6) clarify matters relating to a transition plan for the transfer of regulatory oversight responsibility and authority for the Laboratory.
For these purposes, we are providing for your consideration a proposed revision to the House passed bill that would address such matters. We are pleased to note that the NRC has worked with OSHA and reached agreement on the respective roles of the two agencies in protecting workers at LBNL. We believe that the provisions in the enclosed draft legislation dealing with radiological and non radiological health and safety hazards and the requirement for the development of a Memorandum of Understanding between the NRC and OSHA reflect this agreement.
We urge that you consider the enclosed draft legislation for the extemal oversight and regulation of LBNL, and we stand ready to provide any assistance we can on the matter. The Commission appreciates your consideration of its views on these important issues.
Sincerely, Shirley Ann Jackson
Enclosure:
Draft Legislation
UNITED STATES NUCLEAR REGULATORY COMMISSION 3 g WASHINGTON, D.C. N1 e
$ /
e.... p September 16, 1998 CHAMMAN The Honorable Ted Stevens, Chairman Committee on Appropriations United States Senate Washington, D.C. 20510
Dear Mr. Chairman:
The House and Senate have passed differing versions of the Nuclear Regulatory Commission's (NRC) appropriation bill, the Energy and Water Development Act for Fiscal Year 1909 (H.R. 4060). The House-passed bill would provide the Commission with regulatory authority over the Emest Orlando Lawrence Berkeley National Laboratory (LBNL or the Laboratory). The Commission supports this augmentation of its regulatory jurisdiction, but believes that such legislation should be modified to (1) provide NRC the additional authority to regulate naturally occurring and accelerator produced radioactive materials (NARM) at the Laboratory, (2) provide NRC the authority and flexibility to regulate either by licensing or certification of DOE, DOE's
. operating contractor for the Laboratory, or both, (3) clarify the judicial review mechanism for
- NRC's oversight of the Laboratory, (4) clarify the relative authorities and responsibilities of NRC ,
and the Occupational Safety and Health Administration (OSHA) for protecting worker health and safety at the Laboratory, (5) explicitly address DOE's responsibility for indemnification and
- decommissioning, and (6) clarify matters relating to a transition plan for the transfer of regulatory oversight responsibility and authority for the Laboratory.
For these purposes, we are providing for your consideration a proposed revision to the House passed bill that would address such matters. We are pleased to note that the NRC has worked with OSHA and reached agreement on the respective roles of the two agencies in protecting workers at LBNL. We believe that the provisions in the enclosed draft legislation dealing with radiological and non-radiological health and safety hazards and the requirement for the development of a Memorandum of Understanding between the NRC and OSHA reflect this agreement.
. We urge that you consider the enclosed draft legislation for the external oversight and regulation of LBNL, and we stand ready to provide any assistance we can on the matter. The Commission appreciates your consideration of its views on these important issues.
Sincerely,
& /
Enclosure:
Draft Legislation
d .
- \,,, UNITED STATES p j NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 2065t4001
\,,,,,/ September 16, 1998 CHAIRMAN The Honorable Robert F. Bennett Subcommittee on Energy and Water Development Committee on Appropriations United States Senate Washington, D.C. 20510
Dear Senator Bennett:
The House and Senate have passed differing versions of the Nuclear Regulatory Commission's (NRC) appropriation bill, the Energy and Water Development Act for Fiscal Year 1999 (H.R. 4060). The House-passed bill would provide the Commission with regulatory authority over the Ernest Orlando Lawrence Berkeley National Laboratory (LBNL or the Laboratory). The Commission supports this augmentation of its regulatory jurisdiction, but believes that such legislation should be modified to (1) provide NRC the additional authority to regulate naturally occurring and accelerator produced radioactive materials (NARM) at the Laboratory, (2) provide NRC the authority and flexibility to regulate either by licensing or certification of DOE, DOE's operating contractor for the Laboratory, or both, (3) clarify the judicial review mechanism for NRC's oversight of the Laboratory, (4) clarify the relative authorities and responsibilities of NRC and the Occupational Safety and Health Administratsn (OSHA) for protecting worker health and safety at the Laboratory, (5) explicitly address DOE's responsibility for indemnification and decommissioning, and (6) clarify matters relating to a transition plan for the transfer of regulatory oversight responsibility and authority for the Laboratory.
For these pu poses, we are providing for your consideration a proposed revision to the House passed bill that would address such matters. We are pleased to ncte that the NRC has worked with OSHA and reached agreement on the respective roles of the two agencies in protecting workers at LBNL. We believe that the provisions in the enclosed draft legislation dealing with radiological and non-radiological health and safety hazards and the requirement for the development of a Memorandum of Understanding between the NRC and OSHA reflect this agreement.
We urge that you consider the enclosed draft legislation for the external oversight and regulation of LBNL, and we stand ready to provide any assistance we can on the matter. The Commission appreciates your consideration of its views on these important issues.
Sincerely, b
Enclosure:
Draft Legislation
p
/
k( ,
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20666-0001 A ....v) cHAmeAn September 16, 1998 The Honorable Joseph M. McDade, Chairman Subcommittee on Energy and Water Development Committee on Appropriations United States House of Representatives
- Washington, D.C. 20515
Dear Mr. Chairman:
The House and Senate have passed differing versions of the Nuclear Regulatory Commission's
. (NRC) appropriation bill, the Energy and Water Development Act for Fiscal Year 1999 (H.R. 4060). The House-passed bill would provide the Commission with regulatory authority over the Emest Orlando Lawrence Berkeley National Laboratory (LBNL or the Laboratory). The Commission supports this augmentation of its regulatory jurisdiction, but believes that such legislation should be modified to (1) provide NRC the additional authority to regulate naturally occurring and accelerator produced radioactive materials (NARM) at the Laboratory, (2) provide NRC the authority and flexibility to regulate either by licensing or certification of DOE, DOE's operating contractor for the Laboratory, or both, (3) clarify the judicial review mechanism for NRC's oversight of the Laboratory, (4) clarify the relative authorities and responsibilities of NRC and the Occupational Safety and Health Administration (OSHA) for protecting worker health and safety at the Laboratory, (5) explicitly address DOE's responsibility for indemnification and decommissioning, and (6) clarity matters relating to a transition plan for the transfer of regulatory oversight responsibility and authority for the Laboratory.
For these purposes, we are providing for your consideration a proposed revision to the House passed bill that would address such matters. We are pleased to note that the NRC has worked with OSHA and reached agreement on the respective roles of the two agencies in protecting workers at LBNL. We believe that the provisions in the enclosed draft legislation dealing with radiological and non-radiological health and safety hazards and the requirement for the
- development of a Memorandum of Understanding between the NRC and OSHA reflect this agreement.
We urge that you consider the enclosed draft legislation for the extemal oversight and regulation of LBNL, and we stand ready to provide any assistance we can on the matter. The Commission appreciates your consideration of its views on these important issues.
Sincerely, b
~
Enclosure:
Draft Legislation
~ ..- - , -
. .. .. . . . ~ - _ _._...- _ .-.. _ - - ,~. - -.... - - - - . - - . ~.- . . . . - . - . ~ . - -
a E
UNITED STATES'
. #s# "%k. ' NUCLEAR REGULATORY COMMISSION ~
[
g g
a WASHINGTON, D.C. 20566-0001
%, % , September 16, 1998 CHAMMAN The Honorable Vic Fazio
' Subcommittee on Energy and Water Development Committee on Appropriations ,
United States House.of Representatives .
Washington, D.C. 20515 1
Dear Congressman Fazio:
1 The House and Senate have passed differing versions of the Nuclear Repthtory Commission's l (NRC) appropriation bill, the Energy and Water Development Act for Fiso 5 Yer 1999 )
l~ (H.R. 4060). The House-passed bill would provide the Commission with regulatoiy authority j over the Ernest Orlando Lawrence Berkeley National Laboratory (LBNL or the Laboratory). The Commission supports this augmentation of its regulatory jurisdiction, but believes that such legislation should be modified to (1) provide NRC the additional authority to regulate naturat'y
. occurring and accelerator produced radioactive materials (NARM) at the Laboratory, (2) provide NRC the authority and flexibility to regulate either by licensing or certification of DOE, DOE's operating contractor for the Laboratory, or both, (3) clarify the judicial review mechanism for NRC's oversight of the Laboratory, (4) clarify the relative authorities and responsibilities c' NRC and the Occupational Safety and Health Administration (OSHA) for protecting worker hd.1 and safety at the Laboratory, (5) explicitly address DOE's responsibility for indemnificatio,1 and decommissioning, and (6) clarify matters relating to a transition plan for the transfer of regulatory oversight responsibility and authority for the Laboratory.
. For these purposes, we are providing for your consideration a proposed revision to the House passed bill that would address such matters. We are pleased to note that the NRC has worked with OSHA and reached agreement on the respective roles of the two agencies in protecting
. workers at LBNL. We believe that the provisions in the enclosed draft legislation dealing with l radiological and non-radiological health and safety hazards and the requirement for the development of a Memorandum of Understanding between the NRC and OSHA reflect this agreement.
We urge that you consider the enclosed draft legislation for the external oversight and '
regulation of LBNL, and we stand ready to provide any assistance we can c,n the matter. The Commission appreciates your consideration of its views on these important issues.
Sincerely, d) l Shirley Ann Jackson
Enclosure:
Draft Legislation 1
o ;
l t
- 1. , , , , - , - .,, , , - . _ . . ,-
l
p
[ % ,( # UNITED STATES NUCLEAR REGULATORY COMMISSION :
WASHINGTON, D.C. 20666-0001 !
o,
\ #,8 September 16, 1998 CHARMAN I
The Honorable Bob Livingston, Chairman Committee on Appropriations United States House of Representatives Washington, D.C. 20515
Dear Mr. Chairman:
The House and Senate have passed differing versions of the Nuclear Regulatory Commission's (NRC) appropriation bill, the Energy and Water Development Act for Fiscal Year 1999 (H.R. 4060). The House-passed bill would provide the Commission with regulatory authority i
over the Ernest Orlando Lawrence Berkeley National Laboratory (LBNL or the Laboratory). The Commission supports this augmentation of its regulatory jurisdiction, but believes that such legislation should be modified to (1) provide NRC the additional authority to regulate naturally occurring and accelerator produced radioactive materials (NARM) at the Laboratory, (2) provide NRC the authority and flexibility to regulate either by licensing or certification of DOE, DOE's operating contractor for the Laboratory, or both, (3) clarify the judicial review mechanism for NRC's oversight of the Laboratory, (4) clarity the relative authorities and responsibilities of NRC '
and the Occupational Safety and Health Administration (OSHA) for protecting worker health and safety at the Laboratory, (5) explicitly address DOE's responsibility for indemnification and decommissioning, and (6) clarify matters relating to a transition plan for the transfer of regulatory oversight responsibility and authority for the Laboratory.
For these purposes, we are providing for your consideration a proposed revision to the House passed bill that would address such matters. We are pleased to note that the NRC has worked with OSHA and reached agreement on the respective roles of the two agencies in protecting workers at LBNL. We believe that the provisions in the enclosed draft legislation dealing with radiological and non-radiological health and safety hazards and the requirement for the development of a Memorandum of Understanding between the NRC and OSHA reflect this agreement.
We urge that you consider the enc losed draft legislation for the external oversight and regulation of LBNL, and we stand ready to provide any assistance we can on the matter. The Commission appreciates your consideration of its views on these important issues.
Sincerely, Shirley Ann Jackson
Enclosure:
Draft Legislation
6 UNITED STATES
[ *g NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 206trH)001 e
- ,d September 16, 1998 CHAIRMAN The Honorable David Obey Committee on Appropriations United States House of Representatives Washington, D.C. 20515
Dear Congressman Obey:
The House and Senate have passed differing versions of the Nuclear Regulatory Commission's ;
(NRC) appropriation bill, the Energy and Water Development Act for Fiscal Year 1999 l (H.R. 4060). The House-passed bill would provide the Commission with regulatory authority over the Ernest Orlando Lawrence Berkeley National Laboratory (LBNL or the Laboratory). The Commission supports this augmentation of its regulatory jurisdiction, but believes that such legislation should be modified to (1) provide NRC the additional authority to regulate naturally occurring and accelerator produced radioactive materials (NARM) at the Laboratory, (2) provide NRC the authority and flexibility to regulate either by licensing or certification of DOE, DOE's l
operating contractor for the Laboratory, or both, (3) clarify the judicial review mechanism for NRC's oversight of the Laboratory, (4) clarify the relative authorities and responsibilities of NRC and the Occupational Safety and Health Administration (OSHA) for protecting worker health and safety at the Laboratory, (5) explicitly address DOE's responsibility for indemnification and decommissioning, and (6) clarify matters relating to a transition plan for the transfer of regulatory oversight responsibility and authority for the Laboratory.
For these purposes, we are providing for your consideration a proposed revision to the House passed bill that would address such matters. We are pleased to note that the NRC has worked with OSHA and reached agreement on the respective roles of the two agencies in protecting workers at LBNL. We believe that the provisions in the enclosed draft legislation dealing with radiological and non-radiological health and safety hazards and the requirement for the development of a Memorandum of Understanding between the NRC and OSHA reflect this agreement.
We urge that you consider the enclosed draft legislation for the external oversight and regulation of LBNL, and we stand ready to provide any assistance we can on the matter. The Commission appreciates your consideration of its views on these important issues.
Sincerely, Shirley Ann Jackson
Enclosure:
Draft Legislation
UNITED STATES
- .- ~
NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20066-0001 6,p Septernber 16, 1998.-
CHAMMAN The Honorable Harold Rogers Subcommittee on Energy and Water Development Committee on Appropriations United States House of Representatives Washington, D.C. 20515
Dear Congressman Rogers:
The House and Senate have passed differing versions of the Nuclear Regulatory Commission's (NRC) appropriation bill, the Energy and Water Development Act for Fiscal Year 1999 (H.R. 4060). The House-passed bill would provide the Commission with regulatory authority over the Ernest Orlando Lawrence Berkeley National Laboratory (LBNL or the Laboratory). The I. Commission supports this augmer.tation of its regulatory jurisdiction, but believes that such
! legislation should be modified to (1) provide NRC the additional authority to regulate naturally occurring and accelerator produced radioactive materials (NARM) at the Laboratory, (2) provide NRC the authority and flexibility to regulate eithcr by licensing or certification of DOE, DOE's operating contractor for the Laboratory, or both, (3) clarify the judicial review mechanism for
- l. - NRC's oversight of the Laboratory, (4) clarify the relative authorities and responsibilities of NRC l and the Occupational Safety and Health Administration (OSHA) for protecting worker health and safety at the Laboratory, (5) explicitly address DOE's responsibility for indemnification and
. decommissioning, and (6) clarify matters relating to a transition plan for the transfer of -
regulatory oversight responsibility and authority for the Laboratory.
! For these purposes, we are providing for your consideration a proposed revision to the House L passed bill that would address such matters. We are pleased to note that the NRC has worked with OSHA and reached agreement on the respective roles of the two agencies in protecting
. workers at LBNL. We believe that the provisions in the enclosed draft legislation dealing with L radiological and non radiological health and safety hazards and the requirement for the development of a Memorandum of Understanding between the NRC and OSHA reflect this agreement.
We urge that you consider the enclosed draft legir,lation for the external oversight and
! regulation of LBNL, and we stand ready to provide any assistance we can on the matter. The Commission appreciates your consideration of its views on these important issues.
L Sincerely, i
~
Enclosure:
Draft Legislation
._,,_i._- . , _ . . - - . ,_ ,.
.- - --- .. ~- . . . - . . . - = ---. - . - - . - - . . - . - .. - -
g UNITED STATES p 'g NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20066-0001 4,
,, g : September 16, 1998 i cHARMAN .
l i
The Honorable Joe Knollenberg Subcommittee on Energy and Water Development Committee on Appropriations )
. United S_ tates House of Representatives Washington, D.C. 20515
Dear Congressman Knollenberg:
.The House and Senate have passed differing versions of the Nuclear Regulatory Commission's
- (NRC) appropriation bill, the Energy and Water Development Act for Fiscal Year 1999 i I
(H.R. 4060); The House-passed bill would provide the Commission with regulatory authority over the Ernest Orlando Lawrence Berkeley National Laboratory (LBNL or the Laboratory). The Commission supports this augmentation of its regulatory jurisdiction, but believes that such J
- legislation should be modified to (1) provide NRC the additional authority to regulate naturally occurring and accelerator produced radioactive materials (NARM) at the Laboratory, (2) provide ]
NRC the authority and flexibility to regulate either by licensing or certification of DOE, DOE's operating contractor for the Laboratory, or both, (3) clarify the judicial review mechanism for ;
. NRC's oversight of the Laboratory, (4) clarify the relative authorities and responsibilities of NRC and the Occupational Safety and Health Administration (OSHA) for protecting worker health and safety at the Laboratory, (5) explicitly address DOE's responsibility for indemnification and ;
I decommissioning, and (6) clarify matters relating to a transition plan for the transfer of regulatory oversight responsibility and authority for the Laboratory.
For these purposes, we are providing for your consideration a proposed revision to the House passed bill that would address such matters. We are pleased to note that the NRC has worked with OSHA and reached agreement on the respective roles of the two agencies in protecting workers at LBNL. We believe that the provistor.3 in the enclosed draft legislation dealing with radiological and non-radiological health and safety hazards and the requirement for the '
development of a Memorandum of Understanding between the NRC and OSHA reflect this agreement.
' We urge that you consider the enclosed draft legislation for the external oversight and regulation of LBNL, and we stand ready to provide any assistance we can on the matter. The Commission appreciates your consideration of its views on these important issues.
Sincerely, Shirley Ann Jackson
Enclosure:
Draft Legislation
-, , _ , ~ - -. . . , .
. - . _ .~ . . - - . - - . . - - . . - . - . - - - .- - . - . - ~
f p
UNITED STATES NUCLEAR REGULATORY COMMISSION j l
WASHINGTON, D.C. 20636-0001
\ ,,,g September 16, 1998
[ CHAftMAN l
- i. I i l j- l
\ The Honorable Rodney Frelinghuysen Subcommittee on Energy and Water Development Committee on Appropriations i United States House of Representatives j' Washington, D.C. 20515 t
Dear Congrossman Frelinghuysen:
L The House and' Senate have passed differing versions of the Nuclear Regulatory Commission's
! (NRC) appropriation bill, the Energy and Water Development Act for Fiscal Year 1999 i j ; (H.R. 4060). The House-passed bill would provide the Commission with regulatory authority E' over the Emest Orlando Lawrence Berkeley National Laboratory (LBNL or the Laboratory). The l~ Commission supports this augmentation of its regulatory jurisdiction, but believes that such j legislation should be modified to (1) provide NRC the additional authority to regulate naturally occurring and accelerator produced radioactive materials (NARM) at the Laboratory, (2) provide i NRC the authority and flexibility to regulate either by licensing or certification of DOE, DOE's l
. operating contractor for the Laboratory, or both, (3) clarify the judicial review mechanism for NRC's oversight of the Laboratory, (4) clarify the relative authorities and responsibilities of NRC and the Occupational Safety and Health Administration (OSHA) for protecting worker health
' and safety at the Laboratory, (5) explicitly address DOE's responsibility for indemnification and decommissioning, and (6) clarify matters relating to a transition plan for the transfer of regulatory oversight responsibility and authority for the Laboratory.
For these purposes, we are providing for your consideration a proposed revision to the House passed bill that would address such matters. We are p!sased to note that the NRC has worked with OSHA and reached agreement on the respective roles of the two agencies in protecting workers at LBNL. We believe that the provisions in the enclosed draft legislation dealing with radiological and non-radiological health and safety hazards and the requirement for the
. development of a Memorandum of Understanding between the NRC and OSHA reflect this
- agreement.
We urge that you consider the enclosed draft legislation for the external oversight and regulation of LBNL, and we stand reaoy to provide any assistance we can on the matter. The Commission appreciates your consideration of its views on these important issues.
Sincerely, Shirley Ann Jacksor:
Enclosure:
Draft Legislation
. - . . , ~ - .-.- -.-~...- - ..- -.- - . ..
\ UNITED STATES g/
\ NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20666-0001
%,...../ Septernber 16, 1998 4
CHAMMAN 1
-1
~ The Honorable Mike Parker
. Subcommittee on Energy and Water Development Committee on Appropriations United States House of Representatives -
Washington, D.C. 20515
Dear Congressman Parker:
l l
The House and Sonate have passed differing versions of the Nuclear Regulatory Commission's (NRC) appropriation bill, the Energy and Water Development Act for Fiscal Year 1999 (H.R. 4060). The House-passed bil: would provide the Commission with regulatory authority over the Ernest Orlando Lawrence Berkeley National Laboratcq (LBNL or the Laboratory). The Commission supports this augmentation of its regulatory jurisdiction, but believes that such legislation should be modified to (1) provide NRC the additional authority to regulate naturally
+- occurring and accelerator produced radioactive materials (NARM) at the Laboratory, (2) provide NRC the authority and flexibility to regulate either by licensing or certification of DOE, DOE's operating contractor for the 8.aboratcry, or both, (3) clarify the judicial review mechanism for NRC's oversight of the Laboratory, (4) clarify the relative authorities and responsibilities of NRC and the Occupational Safety and Health Administration (OSHA) for protecting worker health ;
and safety at the Laboratory, (5) explicitly address DOE's responsibility for indemnification and decommissioning, and (6) clarify matters relating to a transition plan for the transfer of regulatory oversight responsibility and authority for the Laboratory.
For these purposes, we are providing for your consideration a proposed revision to tra House passed bill that would address such matters. We are pleased to note that the NRC has worked . i with OSHA and reached agreement on the respective roles of the two agencies in protecting
- workers at LBNL. We believe that the provisions in the enclosed draft legislation dealing with radiological and non-radiological health and safety hazards and the requirement for the development of a Memorandum of Understanding between the NRC rand OSHA reflect this agreement.
We urge that you consider the enclosed draft legislation for the external oversight and regulation of LBNL, and we stand ready to provide any assistance we can on the matter. The Commission appreciates your consideration of its views on these important issues.
Sincerely,
/J W ;
Enclosure:
Draft Legislation
p
/* %,g f
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20665-0001 a j ,
g w ,/ September 16, 1998 l CHAIPMAN -
The Honorable Sonny Callahan Subcommittee on Energy and Water Developrnent Committee on Appropriations United States House of Representatives Washington, D.C. 20515
Dear Congressman Callahan:
The House and Senate have passed differing versions of the Neclear Regulatory Commission's (NRC) appropriation bill, the Energy and Water Development Act for Fiscal Year 1999 (H.R. 4060). The House-passed bill would provide the Commission with regulatory authority over the Ernest Orlando Lawrence Berkeley National Laboratory (LBNL or the Laboratory). The Commission supports this augmentation of its regulatory jurisdiction, but believes that such legislation should be modified to (1) provide NRC the additional authority to regulate naturally occurring and accelerator produced radioactive materials (NARM) at the Laboratory, (2) provide NRC the authority and flexibility to regulate either by licensing or certification of DOE, DOE's operating contractor for the Laboratory, or both, (3) clarify the judicial review mechanism for NRC's oversight of the Laboratory, (4) clarify the relative authorities and responsibilities of NRC and the Ocuupational Safety and Health Administration (OSHA) for protecting worker health and safety at the Laboratory, (5) explicitly address DOE's responsibility for indemnification and decommissioning, and (6) clarify matters relating to a transition plan for the transfer of regulatory oversight responsibility and authority for the Laboratory.
For these purposes, we r e providin0 or f your consideration a proposed revision to the House passed bill that would ade ess such matters. We are pleased to note that the NRC has worked with OSHA and reached agreement on the respective roles of the two agencies in protecting workers at LBNL. We believe that the provisions in the enclosed draft legislation dealing with radiological and non-radiological health and safety hazards and the requirement for the development of a Memorandum of Understanding between the NRC and OSHA reflect this agreement.
We urge that you consider the enclosed draft legislation for the external oversight and regulation of LBNL, and we stand ready to provide any assistance we can on the matter. The Commission appreciates your consideration of its views on these important issues.
Sincerely, S~ ~'
Enclosure:
Draft Legislation i
- . . - -- - - . . - .. . -. . - . . . . . - - . ~ . - . . - - - . . - . - . - . -
- [
O 4 . UNITED STATES NUCLEAR REGULATORY COMMISSION
- j WASHINGTON. D.C. 20066-4001
- / September 16, 1998
- cHAMMAN L
The Honorable Jay Dickey.
Subcommittee on Energy and Water Development
- " Committee on Appropriations United States House of Representatives Washington, D.C. 20515
\
Dear Congressman Dickey:
The House and Senate have passed differing versions of the Nuclear Regulatory Commission's (NRC) appropriation bill, the Energy and Water Development Act for Fiscal Year 1999 (H.R. 4060). The House-passed bill would provide the Commission with regulatory authority over the Ernest Orlando Lawrence Berkeley National Laboratory (LBNL or the Laboratory). The Commission supports this augmentation of its regulatory jurisdiction, but believes that such legislation should be modified to (1) provide NRC the additional authority to regulate naturally occurring and accelerator produced radioactive materials (NARM) at the Laboratory, (2) provide
' NRC the authority and flexibility to regulate either by licensing or certification of DOE, DOE's
' operating contractor for the Laboratory, or both, (3) clarify the judicial review mechanism for
' NRC's oversight of the Laboratory, (4) clarify the relative authorities and responsibilities of NRC and the Occupational Safety and Health Administration (OSHA) for protecting worker health and safety at the Laboratory, (5) explicitly address DOE's responsibility for indemnification and i decommissioning, and (6) clarify matters relating to a transition plan for the transfer of ;
regulatory oversight responsibility and authority for the Laboratory.
For these purposes, we are providing for your consideration a proposed revision to the House passed bill that would address such matters. We are pleased to note that the NRC has worked with OSHA and reached agreement on the respective roles of the two agencies in protecting
- workers at LBNL. We believe that the provisions in the enclosed draft legislation dealing with radiological and non-radiological health and safety hazards and the requirement for the development of a Memorandum of Understanding between the NRC and OSHA reflect this agreement. .
We urge that you consider the enclosed draft legislation for the external oversight and regulation of LBNL, and we stand ready to provide any assistance we can on the matter. The Commission appreciates your consideration of its views on these important issues.
Sinesely, d- >
Enclosure:
Draft Legislation i.
. . _ . . . _ - . . - - - - .. .. -- -. - ...- - -.-. - .-. - _- ~. .
i G
p reso% ' UNITED STATES 1
- -%- NUCLEAR REGULATORY COMMISSION l WASHINGTON, D.C. 20666-0001
.l e
%*****-[
September 16, 1998 CHAIRMAN The Honorable Peter J. Visclosky
- Subcommittee on Energy and Water Development
- Committee on Appropriations United Ste9s House of Representatives Washington, D.C. 20515
Dear Congressman Visclosky:
The House and Senate have passed differing versions of the Nuclear Regulatory Commission's (NRC) appropriation bill, the Energy and Water Development Act for Fiscal Year 1999
' (H.R. 4060). The House-passed bill would provide the Commission with regulatory authority over the Emest Orlando Lawrence Berkeley National Laboratory (LBNL or the Laboratory). The Commission supports this augmentation of its regulatory jurisdiction, but believes that such legislation should be modified to (1) provide NRC the additional authority to regulate naturally occurring and accelerator produced radioactive materials (NARM) at the Laboratory, (2) provide -
NRC the authority and flexibility to regulate either by licensing or certification of DOE, DOE's operating contractor for the Laboratory, or both, (3) clarify the judicial review mechanism for !
NRC's oversight of the Laboratory, (4) clarify the relative authorities and responsibilities of NRC i and the Occupational Safety and Health Administration (OSHA) for protecting worker health
- and safety at the Laboratory, (5) explicitly address DOE's responsibility for indemnification and 6' decommissioning, and (6) clarify matters relating to a transition plan for the transfer of regulatory oversight responsibility and authority for the Laboratory.
For these purposes, we are providic.g for your consideration a proposed revision to the House passed bill that would address such matters. We are pleased to note that the NRC has worked with OSHA and reached agreement on the respective roles of the two agencies in protect;.y workers at LBNL. We believe that the provisions in the enclosed draft legislation dealing with c radiological and non radiological health and safety hazards and the requirement for the development of a Memorandum of Understanding between the NRC and OSHA reflect this agreement.
We urge that you consider the enclosed draft legislation for the external oversight and regulation of LBNL, and we stand ready to provide any assistance we can on the matter. The :
F Commission appreciates your consideration of its views on these important issues.
Sincerely, Shirley Ann Jackson j- .
Enclosure:
Draft Legislation 3
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" NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20656-0001 E
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CHAIRMAN September 16, 1998 The Honorable Chet Edwards Subcommittee on Energy and Water Development Committee on Appropriations
- United States House of Representatives Washington, D.C. 20515
Dear Congressman Edwards:
The House and Senate have passed differing versions of the Nuclear Regulatory Commission's (NRC) appropriation bill, the Energy and Water Development Act for Fiscal Year 1999 (H.R. 4060). The House-passed bill would provide the Commission with regulatory authority over the Ernest Orlando Lawrence Berkeley National Laboratory (LBNL or the Laboratory). The Commission supports this augmentation of its regulatory jurisdiction, but believes that such legislation should be modified to (1) provide NRC the additional authority to regulate naturally occurring and accelerator produced radioactive materials (NARM) at the Laboratory, (2) provide NRC the authority and flexibility to regulate either by licensing or certification of DOE, DOE's operating contractor for the Laboratory, or both, (3) clarify the judicial review mechanism for NRC's oversight of the Laboratory, (4) clarify the relative authorities and responsibilities of NRC and the Occupational Safety and Health Administration (OSHA) for protecting worker health and safety at the Laboratory, (5) explicitly address DOE's responsibility for indemnification and decommissioning, and (6) clarify matters relating to a transition plan for the transfer of regulatory oversight responsibility and authority for the Laboratory.
For these purposes, we are providing for your consideration a proposed revision to the House passed bill that would address such matters. We are pleased to note that the NRC has worked with OSHA and reached agreement on the respective roles of the two agencies in protecting workers at LBNL. We believe that the provisions in the enclosed draft legislation dealing with radiological and non-radiological health and safety hazards and the requirement for the development of a Memorandum of Understanding between the NRC and OSHA reflect this agreement.
We urge that you consider the enclosed draft legislation for the external oversight and regulation of LBNL, and we stand ready to provide any assistance we can on the matter. The Commission appreciates your consideration of its views on these important issues.
Sincerely, l
Enclosure:
Draft Legislation
e.
- UNITED STATES
_y NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 2006fM201 y / September 16, 1998 The Honorable Ed Pastor
- Subcommittee on Energy and Water Development Committee on Appropriations United States House of Representatives Washington, D.C. 20515
Dear Congressman Pastor:
The House and Senate have passed differing versions of the Nuclear Regulatory Commission's -
(NRC) appropriation bill, the Energy and Water Development Act for Fiscal Year 1999 (H.R. 4060). The House-passed bill would provide the Commission with regulatory authority over the Emest Orlando Lawrence Berkeley National Laboratory (LBNL or the Laboratory). The Commission supports this augmentation of its regulatory jurisdiction, but believes that such legislation should be modified to (1) provide NRC the additional authority to regulate naturally occurring and accelerator produced radioactive materials (NARM) at the Laboratory, (2) provide
' NRC the authority and flexibility to regulate either by licensing or certification of DOE, DOE's operating contractor for the Laboratory, or both, (3) clarify the judicial review mechanism for NRC's oversight of the Laboratory, (4) clarify the relative authorities and responsibilities of NRC and the Occupational Safety and Health Administration (OSHA) for protecting worker health and safety at the Laboratory, (5) explicitly address DOE's responsibility for indemnification and decommissioning, and (6) clarify matters relating to a transition plan for the transfer of regulatory oversight responsibility and authority for the Laboratory.
~ For these purposes, we are providing for your consideration a proposed revision to the House
_passed bill that would address such matters. We are pleased to note that the NRC has worked with OSHA and reached agreement on the respective roles of the two agencies in protecting workers at LBNL. We believe that the provisions in the enclosed draft legislation dealing with radiological and non-radiological health and safety hazards and the requirement for the development of a Memorandum of Understanding between the NRC and OSHA reflect this agreement.
- We urge that you consider the enclosed draft legislation for the external oversight and
- regulation of LBNL, and we stand ready to provide any assistance we can on the matter. The Commission appreciates your consideration of its views on these important issues.
Sincerely, b
Enclosure:
Draft Legislation -
. _ ._