ML20236Q911
| ML20236Q911 | |
| Person / Time | |
|---|---|
| Issue date: | 07/09/1998 |
| From: | Shirley Ann Jackson, The Chairman NRC COMMISSION (OCM) |
| To: | Moler E ENERGY, DEPT. OF |
| References | |
| NUDOCS 9807210115 | |
| Download: ML20236Q911 (7) | |
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UNITED STATES 4
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+a NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 g
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,* o July 9, 1998 ass CHAIRMAN The Honorable Elizabeth A. Moler Acting Secretary of Energy 1000 Independence Avenue, SW Washington, D.C. 20585
Dear Madam Secretary:
The Department of Energy (DOE) and the Nuclear Regulatory Commission (NRC) have maintained a longstanding, mutually beneficial, interagency relationship in the conduct of research programs and related activities under a Memorandum of Understanding (MOU) dated February 24,1978. In furtherance of this relationship, our respective staffs have updated this MOU to reflect current policies and procedures governing NRC-funded work placed with DOE laboratories.
This revised MOU is entitled
- Memorandum of Understanding Between the Nuclear Regulatory Commission and the Department of Energy Governing Nuclear Regulatory Commission Funded Work Performed At The Department of Energy Laboratories." The MOU reflects current NRC/ DOE business practices and recognizes the continuing, unique, statutorily-founded relationship between NRC and DOE. The revised MOU does not cover any activities associated with external regulation of DOE nor does it cover the activities and projects described in the hnuary 15,1997 MOU entitled," Memorandum of Understanding between the Department of Energy and the Nuclear Regulatory Commission for Cooperation and Support of Significant Projects and Activities." This revised MOU supersedes the February 24,1978 MOU.
I am enclosing two copies of the revised MOU for your review and signature. Please return an executed copy to me.
Please express my appreciation to your staff for their assistance in updating this MOU.
Sincerely, Shirley Ann Jackson
Enclosure:
Memorandum of Understanding rPoap 9007210115 900709 PDR COMMS NRCC CORRESPONDENCE PDR i
MEMORANDUM OF UNDERSTANDING BETWEEN THE NUCLEAR REGULATORY COMMISSION AND THE DEPARTMENT OF ENERGY GOVERNING NUCLEAR REGULATORY COMMISSION FUNDED WORK PERFORMED AT THE DEPARTMENT OF ENERGY LABORATORIES 1.
INTRODUCTION Section 205(c) of the Energy Reorganization Act of 1974 authorizes NRC to utilize the research facilities and services of DOE and other federal agencies to assist NRC in the conduct of its regulatory mission. On February 24,1978, the Nuclear Regulatory Commission (NRC) and the Department of Energy (DOE) executed a Memorandum of Understanding (MOU) which established overall management policy for an interagency relationship in the conduct of NRC programs. This longstanding and productive relationship has allowed each agency to more effectively meet its mission and objectives. This document supersedes the February 24,1978 MOU, 11.
AUTHORITY The Energy Reorganization Act of 1974 including but not limited to Sections 104(i),202 and 205(c) and (e) which set out DOE's responsibilities regarding interagency research and development activities with the NRC. The Atomic Energy Act of 1954, as amended, including Section 161f.
111.
PURPOSE The purpose of this MOU is to continue the unique statutorily founded relationship and to update overall management policy which governs the relationship between NRC and DOE in the conduct of NRC-funded research programs at the DOE laboratories.
Specifically, this MOU provides for the following:
Priority. That NRC/ DOE interagency activities will be conducted at DOE facilities 1.
based on a priority mutually agreeable to both agencies.
2.
Independent Access. The NRC will have access to DOE's facilities as necessary to review and monitor project scope, schedule and funding.
Communication. That NRC and DOE will establish distinct lines of i
3.
communication at various levels, as necessary, to ensure efficient and effective management of resources.
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4 This MOU does not cover those activities and projects described in the January 15, l
1997, MOU, entitled, " Memorandum of Understanding between the Department of l
Energy and the Nuclear Regulatory Commission for Cooperation and Support of I
Significant Projects and Activities." It is intended that each MOU coexist concurrently l
with each other. This MOU also does not cover any activities associated with external i
regulation of DOE facilities by NRC. This MOU shall not be used to obligate or commit funds or as the basis for transfer of funds between the agencies.
IV.
AGREEMENTS BETWEEN PARTIES A.
Business Practices Associated with NRC Work Performed by DOE i
Laboratories All NRC funded work performed at the DOE laboratories shall be administered in accordance with standard NRC and DOE policies and procedures as agreed to i
and implemented by each agency. The DOE policies governing work for others are set forth in DOE order 481.1, Work for Others (Non-Department of Energy i
Funded Work). The NRC policies for work placed at DOE laboratories are set forth in NRC Management Directive 11.7, NRC Procedures for Placement and Monitoring of Work with the U.S. Department of Energy (DOE).
I When NRC initiates proposed changes in MD 11.7 that may affect NRC work at r
DOE laboratories, NRC shall promptly furnish DOE copies of the proposed l
changes ar.d obtain DOE's review and comments prior to issuing such proposed changet in MD 11.7. When DOE initiates proposed changes in DOE Order 481.1 that may affect NRC work at DOE laboratories, DOE shall notify NRC of those prop 3 sed changes and NRC shall promptly initiate conforming changes in MD i
11.7 using the above procedures to the maximum practicable extent.
I Specifically, NRC Management Directive 11.7 ensures:
that procedures for negotiating and managing agreements with DOE are consistent with sound business practices and contracting principles.
the uniform application of an agency-wide standard of contract management of projects placed with DOE.
that a framework exists for program management, control, administration, monitoring and closecut of projects placed with DOE.
B.
NRC Dedicated Facilities When an NRC dedicated facility is required for a project, NRC will plan, budget and fund feasibility and conceptual design studies, either through DOE or an NRC commercial contract. Upon the completion of the conceptual design stage for an NRC dedicated facility, the agencies will negotiate and execute an I
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interagency agreement which identifies appropriate funding arrangements and procedures for detailed design and construction, related capital equipment, scope, schedule, and plans for future decommissioning or deactivation of the facility.
Upon completion of an NRC program at a dedicated facility, the NRC will make a determination as to future need for that facility. If no further NRC need is established, and if DOE does not have need for the facility, it will be decommissioned or deactivated in accordance with the provisions of the interagency agreement for the project. The actual decommissioning work will be performed by DOE or its contractors.
C.
Planning
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1.
Long Range Planning f
NRC and DOE will cooperate to the extent necessary, on long range planning to ensure that all required research, technical assistance, facility I
and other associated expenses are properly budgeted by the respective agencies. When requested, either agency will assist the other in budget discussions with the Office of Management and Budget and the Congress in areas of mutualinterest.
NRC, to the extent possible, will advise DOE of changes in program
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emphasis or agency budget changes which may have a significant impact on DOE Operations Offices and/or DOE laboratory employment levels.
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DOE will advise NRC of any plans that may have an adverse impact on l
l NRC's projects and which could impair fulfillment of NRC's regulatory l
mission.
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Program Planning Agreements in order to accommodate the planning of research and development projects of mutualinterest to NRC and DOE, the offices involved may enter into program planning agreements to establish a framework for cooperation and coordination of the technical activities of the two agencies in those areas of mutualinterest. Such agreements may be used for advance coordination of major NRC research and development efforts involving the anticipated use of DOE laboratories. Program planning agreements shall be signed by the responsible NRC office director or designee and the responsible DOE office director or operations office director or designee. Program planning agreements shall not be I
used to obligate funds.
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4 D.
Information Management 1.
Each agency recognizes that it is responsible for the identification, protection, control and accounting of information or data used or otherwise furnished in connection with this MOU in accordance with its established procedures. This consists of classified, proprietary, procurement-sensitive and safeguards information. Also included is Unclassified Controlled Nuclear Information as described by Section 148 of the Atomic Energy Act of 1954, as amended.
2.
In accordance with DOE procedures, DOE will be responsible for assuring that its contractors and subcontractors involved in NRC programs fully protect the types of information specified above.
Requests for foreign nationals for access to information or data furnished 3.
by NRC will bc caferred to NRC for disposition.
E.
Organizational Conflicts of Interest DOE recognizes that Section 170A of the Atomic Energy Act of 1954, as amended, requires that NRC be provided with disclosures on potential conflicts when NRC obtains technical, consulting, research and other supporting services.
DOE further recognizes that the assignment of NRC work to DOE laboratories must satisfy NRC's conflicts standards.
Accordingly, when NRC enters into an agreement with a DOE laboratory to perform work for NRC, the laboratory shall review its current work, planned work and, where appropriate, past work for DOE and others to determine whether such work is in the same or similar area as the proposed NRC project. Should that review reveal current or planned work for DOE or others in the same or similar technical area as the proposed NRC work, the laboratory shall disclose such potentially conflicting work to NRC. NRC shall then determine whether a conflict would result and, if one does, determine, after consultation with the laboratory and DOE, the appropriate action NRC or DOE should take to avoid the conflict or, when appropriate under NRC procedures, waive the conflict.
F.
International Affairs The NRC will request, as necessary, participation of foreign nationals in the conduct of research work performed at DOE laboratories. All such requests shall be in writing and provide sufficient lead time for DOE Operations Office and headquarters review and approval. A copy of each request will be provided to the Office of Intemational Science and Technical Corporation in DOE, and to the Office of International Programs in NRC or their successor offices.
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5 V.
AGENCY INTERFACE A.
Establishment of Policy The NRC Executive Director for Operations and the Under Secretary for DOE or designee will establish any additional required policy consistent with this MOU for the conduct of interagency interface, relationship and responsibilities.
B.
Administrative Matters Administrative matters, including policy interpretation, and related issues are the responsibility of the following individual offices designated by each agency:
NRC DOE Office of Administration Office of Laboratory Policy Office of Energy Research Representatives of these designated offices will meet as necessary to discuss and resolve any problems or issues which may affect either agency's ability to carry cut the provisions of this agreement. If these representatives are unable to agree on a resolution, the matter will be raised thrcugh each agency's management chain, as necessary.
C.
Routine Activities The routine activities performed in accordance with this MOU are the responsibility of the DOE Operations Office in coordination with the NRC program or regional office. Therefore, every attempt should be made to resolve operational problems at the field level. When possible, a problem should be identified in writing. If a problem cannot be resolved at the field level, the matter will be raised through each agency's management chain, as necessary and appropriate.
VI.
GENERAL PROVISIONS A.
NRC Field Office 1.
NRC may establish field offices at DOE sites. The functions of an NRC field office are:
assignment of NRC personnel to dedicated facilities as necessary monitor and review all NRC work at the site; and act as an interface between the NRC headquarters and the DOE Operations Office 1
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B.
Effective Date This MOU shall become effective upon the latter date of signature of the NRC Chairman or the DOE Secretary or their designees. This MOU shall remain in effect until terminated by mutual agreement or by written notice of either party submitted six months in advance of termination.
C.
Amendments to This MOU.
This MOU may be modified or amended by written agreement between the NRC Chairman and the DOE Secretary, or their designees as appropnate.
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FOR:
FOR:
U.S. NUCLEAR REGULATORY U.S. DEPARTMENT OF ENERGY COMMISSION I
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' Shirley Ahn Jackson, Chairman Elizabeth A. Moler, Acting Secretary July 9, 1998 Date Date I
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