ML20237E021

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Requests That Commission Approve Waiver of Policy Requirement for Recovery of Staff Costs on Listed 1998 Reimbursable Agreement W/Us Agency for International Development as Listed
ML20237E021
Person / Time
Issue date: 07/28/1998
From: Callan L
NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To:
References
SECY-98-180, SECY-98-180-01, SECY-98-180-1, SECY-98-180-R, NUDOCS 9808280170
Download: ML20237E021 (20)


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July 28, 1998 SECY-98-18_0 I_Q: The Commissioners FROM: L. Joseph Callan l Executive Director for Operations Carlton R. Stoiber, Director Office of intomational Programs

SUBJECT:

REQUEST FOR COMMISSION WAIVER OF STAFF COST RECOVERY -

POLICY FOR WORK PERFORMED FOR THE U.S. AGENCY FOR ,

INTERNATIONAL DEVELOPMENT PURPOSE:

To request that the Commission approve a waiver of the policy requirement for recovery of staff s costs on the 50,65 million 1998 reimbursable agreement with AID (Attachment 1) to allow-unimpeded continuation and completion of urgent, time sensitive, nuclear safety-related regulatory strengthening activities in Lithuania during the remainder of FY 1998, in FY 1999, and in the first quarter FY 2000, in addition, the staff requests a waiver through December 31,1999, for the existing Central and Eastem Europe (CEE) Interagency agreement with AlD which contains approximately $0.215 million of uncommitted funds (Attachment 2).

Contact:

Hans B. Schechter, OlP/BCA (301)415-2775  ;

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l BACKGROUND:

SoecialTime Uraency of Lithuania Assistance The above $0.65 million is urgently needed to enable NRC to continue without interruption of its training activities as part in an oigoing intemational assistance effort designed to help Lithuania's regulatory agency, VATESI, complete a westem-type safety review ofignalina NPP unit #1 by June 1999, and issue an operating license for this plant. The June completion date traces back to terms of an EBRD/NSA (European Bank for Reconstruction and Development / Nuclear Safety Account) grant agreement with Lithuania and is being strongly supported by the U.S. and the other G-7 member countries. The U.S. component of this work focuses on important safety issues which are not being addressed by other donor countries (i.e., Control and Protection System / Emergency Protection System (CPR/EPPS) reliability during reactor scram commands; pressure tube gripping by graphite spacer rings; operation under severe undervoltage/ underfrequency conditions; material aging; single failure protection, and others). The U.S. has been officially informed that no other country is capable of stepping in on short notice to fill in for the U.S. and successfully complete the training in the remaining period of time. It should be noted also that the Department of State (DOS) has committed directly to Lithuanian President Adamkus that the U.S. regulatory assistance effort to VATESI will be fully supported through its completion.

Absent an expedited decision by the Commission on this matter, NRC will be forced to alert its other assistance partners (Sweden, UK, Germany, Finland, and France) that, due to lack of funds, the U.S. will have to drop out at this time of the joint assistance effort.

An additional justification for requesting speedy release of funds is due to the fact that the OIP contractor has currently run out of funds and has been forced to halt al1 NRC sctMties in Lithuania. The principal investigator is now under increasing pressure from his management to work on other projects in Lithuania and CEE countries, some of which would pose a direct conflict of interest situation with his availability for continuing regulatory assistance activities in these countries (e.g., work for the utilities, helping them prepare the SARs for subm!ttal to the regulators, whom he is currently assisting in the performance of regulatory reviews).

Closure of other CEE orocrams The principal outstanding activities covered by previously waived funds under the existing agreement includes completion of training of the Czech Regulatory Authority in licensing the Temelin nuclear power plant and a training course to teach the Bulgarian regulators in the application of NRC l&C licensing methodology to Kozloduy units 5 and 6. These funds need to be waived again to allow extending the present completion date of September 1998 to December 1999.

Resources t

Direct FTE support costs through December 1999 for the Lithuania program are approximately 0.3 FTE and are included within OIP's available resources. FTE costs for the other CEE programs under the existing agreement are anticipated to be a small fraction of the Lithuanian l effort.

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3-NRC Reimbursable Work Poliev in a February 1995 Staff Requirements Memorandum (SRM) to SECY-95-012, " Reimbursement for Work Performed for Other Agencies," the Commission adopted a policy by which NRC would recover its full agency costs for work that is not part of NRC's statutory mission and for which NRC has not received appropriations. The Commission also granted the EDO the authority to issue waivers to this policy. Thus, waivers to the Commission's staff cost recovery policy were granted by the EDO for FY 1995 and FY 1996 USAID funds transferred to NRC. Pursuant to the January 5,1997, NRC reorganization, Chairman Jackson delegated the authority to grant waivers from the EDO to the CFO. Accordingly, a waiver to the Commission policy was sought from and granted by the CFO for the FY 1997 USAID funds provided to NRC.

In a November 5,1997, SRM to SECY-97-146, "NRC's Mandated and Non-Mandated Activities and Revisions to Agency Policy on Performing Reimbursable Work for Others," the Commission reaffirmed the agency's full cost recovery policy. In addition, the SRM revised previous policy by indicating that the decisions to grant waivers from the recovery of full costs would be made by the Commission.

The Commission, in its December 19,1997, SRM on SECY-97-207, which addressed reimbursable business-like FTE, directed that appropriate actions be taken to reopen negotiations with USAID in order to obtain reimbursable agreements for full recovery of NRC nuclear safety assistance-related costs beginning with FY 1999. The Commission also directed that, if these negotiations were successful, the salary and benefit costs and the related FTE utilized should be removed from NRC's FY 1999 budget request and moved into the reimbursable business-like FTE category for FY 1999. If unsuccessful, this issue would need to be addressed in future Commission deliberations on NRC's budget and fee legislation.

AfD Reiection of Full Cost Recovery for FY 1999 in a March 4,1998, memorandum, the Commission was advised of the staff's intent to send a letter to USAID requesting that USAID provide for full recovery of NRC FTE costs beginning in FY 1999. This letter was sent out on March 26,1998. During a July 1,1998, meeting with AID, DOS, and OMB, AID promised to discuss this issue with the other Executive Branch agencies involved and provide a written reply within the week.

The AlD response letter, dated July 9,1998, was received on July 14 (Attachment 3). It noted that AfD could not agree to cover full FTE costs for NRC in FY 1999. AID asked that NRC not hold up signing the FY 1998 interagency agreements for assistance to the CEE and Former Soviet Union counmes.

DISCUSSION:

The staff recently received two draft interagency agreements from USAID: one for $4.3 million to support nuclear safety-related regulatory activities in Russia, Ukraine, Kazakhstan, and Armenia, and a second one for 50.65 million for regulatory assistance to Lithuanian regulatory l

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authorities. The Lithuanian agreement provides for a work completion date of December 31, 1999. Neither agreement includes reimbursement for NRC's staff costs.

In view of the urgent nature of the Lithuanian assistance program, which requires that the Lithuanian regulatory authority, VATESI, receive training by the U.S. and several other European countries to enable it to complete the regulatory safety review and licensing of Ignalina Nuclear Power Plant unit # 1 by June 1999, the staff is currently submitting for expedited Commission decision the present request for a waiver through December 1999 for staff cost recovery of the

$0.65 million in the Lithuanian agreement.

COORDINATION:

The Office of the General Counsel has no legal objections. The Office of the Chief Financial Officer has reviewed this memorandum for resource implications and has no objections.

RECOMMENDATION:

That the Commission grant, by notation vote, a waiver of the policy requirement for recovery of OIP staff costs under both the new and existing aforementioned interagency agreements with USAID during the remainder of FY 1998, FY 1999, and in the first quarter of FY 2000.

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Carlton R. Stoiber, Director L.Jgs9ph Callan Office of intemational Programs Execmive Director for Operations Commissioners' completed vote sheets /coments should be provided directly to the Office of the Secretary by COB Tuesday, August 11, 1998.

Commission Staff Office comments, if any, should be submitted to the Commissioners NLT Tuesday, August 4, 1998, with an information copy to the Office of the Secretary. If the paper is of such a nature that it requires additional review and comment, the Commissioners and the Secretariat should be apprised of when comments may be expected.

DISTRIBUTION:

Commissioners ,

OGC OIG OPA OIP OCA l CIO CFO EDO REGIONS {

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% wuu INTERAGENCY AGREEMEtTI

,CETWEEN THE UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT AND THE NUCLEAR REGULATORY COMMISSION

1. Project Tide: Regional Energy Efficiency Preiset __
2. Project Number 180 0030
3. Appropriation SymbouResource Code: See Attachment
4. Fund Account / Allottee Acronym See Attachment

_S.- NMS Awa.d Utr

6. MacefYear 1998
7. Completion Date Cecember 31,1999
s. originat M_ or Amendment No. __

9A. Prer Fu,;.+ ~

98. Funding ODrigated this Document 40 SC. New Total Fwdn0

$650,000

$650,000

10. AC iii Titje Re:ateditAppropriations section headed Act,
  • Assistance for Eastern Europe and the Baltic States' of the Foreign Op 1992.1993.1994,1995,1996i and Support for East European Democrocy (SEED) Act of 1989 ,

amended; and Section 632b of the Foreign Assistance Act of 3961. as amended.

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11. ErY,1 Psogram Desenetion: This Interagency Agreement will provide 4650,000, $450,000 in FY97 fu

$200,000 safety in FY98 cf the lonalina funding, Nuclear Power toPlant enable NRC to provide technical support and consultation to improve the in Lithuania.

12. Liaison Offices / Additional Represematives A. Recipient 4 y Hans Schechter S. Ordted States Agency for international Dei -_.;

Program Coordinster Robert F. Ichord Energy Divis'en. Chief Cemral md Eastem Europe .

Offee sf Intemationa! Progroms Ottee of Environment , Energy, and Urban Development Nuc':er Reputatory Commission

, Bureau for Europe and the NIS t3A. Sqnature by Authorized Representative _ .- s 138. Signature by Authorized Represemative RECIPLENT AGENCY UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT SY:

BY:

l TYPED NAME: Elois Wepges TYPED NAME: David Cowles flTLE: Contract Offser MTE: TITLE: Acting. Deputy Assistant Administrator

, DATE:

This int; regency Agreement consists of this face sheet and the following items (if checked):

E Schedule f Annez A . Program Description X Annex 3. Financial Plan and Budget -

X Annen C . Stancere Provisions

15. NMS H'arareny: See Attachment ISA?D Agency Location Code: ACL 72 000001 i -

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  • Attcchment to the 632 (b) IAA Facesheet NMS Hierarchy and Funding Data for NMS Award No. g g {![ g No. 1

- Bureau

- Overseasfor Europe and the New Independent States

- Lithuania (OAR)

- 1.5 Improved Safety and Policy of the Energy Sector - 52

- Regional Energy Efficiency - Lithuania

- IAA with NRC - Lithuania ($450,000)

Amount: $450,000 Appropriation Symbol:

Resource Code: 410463: Grants subsidies & Contributions Fund Account Project Number: / Allottee Acronym,: AI97/98 180-0030.05 No. 2

- Bureau

- Overseasfor Europe and the New Independent States

- Lithuania (OAR)

- 1.5 Improved Safety and Policy of the Energy Sector - 52

- Regional Energy Efficiency - Lithuania

- IAA with NRC - Lithuania ($450,000)

Amount: $200,000 Appropriation Symbol:

Resource Code: 410463: Grants, Subsidies & Contributions Fund Account / Allottee Acronym: AI98/99 Project Number: 180-0030.05

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. efss Clearance sheet, for the revised version of l

Inter-Agency sion Agreement 632 (b) with the Nuclear Regulatory Com m s-i Project 180-0030.05, Regional Energy Efficiency I

  • Clearances:

' ENI/OIM, DSmith GC/ENI, MWilliams Date:

! ENI/PCS, CWilliams Date:

Date: _

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INTERAGENCY AGREEMENT BETWEEN THE U. S. AGENCY AND FOR INTERNATIONAL DEVELOPM THE NUCLEAR REGULATORY COMMISSION SCHEDULE A. 'Purnose of Aareement United States Agency for International DevelopmentThis and the Agreeme Assistance Act of 1961, entered into under the authority of as amended. The Agreementof theSection Foreign632 (b) (USAID defines the procedures under which USAID will reimburse the Reefplent A defined(CEE)in Europe in Section F.1 of this Schedule) accordance with this Agreement.of central and eastern was previously provided under a separate Inter-Agency Agree (18 0 - 003 0-G-00-3-827- 00) .

continued funding of program activities in Lithuania.This Agreement will provide f B. Pureose of Procram The. Program, further described in Annex A consists of the provision ment supportof technical assistance, training, an,d limited equip-the nuclear regulatory authority in Lithuania.to improve operational nuclear safe C. Fiscal Terms 1.

Execution of this Agreement constitutes an obligation by USAID this Agreement.of the funds specified in Block PB of the face sheet of 2.

obligated. USAID funding for the Program is limited to the amount If the Recipient Agency chooses to continue Program t

activities after USAID funding has been exhausted, the Recipient' Agency agrees to use its own funds for that purpose.

3.

implementation of the Program.The financial' plan in Annex B sets forth the budget f for'the Program, the Recipient Agency Within the total budget amount items, provided that (1) may adjust individual line any adjusted line item does not change by more than 15 per cent of the amount shown for that line item in the Financial Plan, as may from time to time be amended, and(

adjustments.

for any USAID. one line item shall require prior written approval ofAdjustments to D.- Billino, Financial and Procrt1R_ReDorts 1.

The Recipient Agency will bill USAID through ORAC procedures or by submitting a Standard Form 1081 (SF-1081) ,

cddressed to:

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uo o vvaa vuvau.> GOBG vns M/FM/ CMP /GISUnited States Agency for Intern'ational Development Ronald Reagan Building 1300 Pennsylvania Washington, Avenue N.W., 7th F1r D.C. 20523-0209 2.

egies of each p arterly' financial report required under section B.2 of the Standard above-stated address.Provisions (Annex C) of this Agreement to the 3.

The Recipient Agency shall furnish two copies of each financial report

.along with one diskette and other ofreports required under this Agreement each report ,

reports) formatted in Word Perfect 5 (other than financial processing format as USAID may agree.1, to inorwriting, such other data of to each the following addressees:

United States A5ency for International Development Bureau for Europe and the New Independent States Office of Project Development Ronald Reagan Building 1300 Pennsylvania Avenue N.W., 5th Flr Washington, D.C. 20523-0209 United States Agency for International Development Office offorEnvironment, Bureau Europe and the New Independent States

' Ronald Reagan Building Energy, & Urban Development 1300 Pennsylvania Avenue N.W, Rm. 5.10-075 Washington, D.C. 20523-5100

-4.

report The Recipient Agency shall furnish one copy of each (other than financial reports) to cognizant USAID Mission Directors and Representatives and shall keep the USAID project officer and cognizant USAID Mission Directors and Representatives fully informed under this Agreement. of the progress of implementing activities funded

'E.

Procram Performance Plannina and Reoortina

1. Annual Workolana.
a. Workolans:

form-and substance satisfacto w to USAID,The annual Recipient Agency shall submit, in country-specific workplans. The workplans shall

- specify benchmarks of pro gram goals and objectives, gress toward achieving the pro- 3 l - identify major activities, including participant training, i and indicators progress for activity, of each determining and the timing and measuring the identify resources to be used to achieve Program activi-ties and the timeframe for their deployment.

m uaucauveaw pacz o/ss

-b.

First Year Workelm : The Recipient Agency shall

! days after the effective date of this Agreementsubmit to USA will last .

longer than 12 months, the Recipient Agency shallIf the Program later than 90 days before the end of the twelve-mont c

i covered by the preceding annual workplan.

Recipient Agency's responsibilities under this clausethe .

c.

Workolan Aeerovals:

workplans and give comments to the Recipient Agency within 30USAID will rev days If after the.

required, Recipient Agency submits the workplans to USAID .

l to USAID USAID's comments. within 30 days after the Recipient Agen g receivesthe notify the Recipient Agency in writing.After USAID approves the workplan, US shall not initiate any activities to M financed with fundsThe Recipient Agency i obligated by this Agreement until USAID has approved the regional 4 and country-specific'workplans covezing such activities,

d. Monitorina and Reporting:

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The Recipient Agency L 2ng and achieving the objectives of this Agreement.will During use th Program implementation, either the Recipient Agenc recommend revisions to the workplans as necessary.y orHowever, USAID may revisions.must are implemented.be approved by USAID in writing before any changes

2. Recorts a.

shall provide to USAID,Periodie Prooress Reportsi USAID, in form and substance satisfactory toThe Recipient Age  ;

objectives and implementing approved workplans. quarterly reports on shall include status but not be limited to the following information:These reports of achieving '

the annual workplan; goals, objectives and benchmarks specified in progress or completion of ecmponents, overall Program status, other accomplishments and majo lights of Program implementation; identification and explanation of significant objectives orproblens activitiesor delays related to achievement of tive actions and major ac;tivities planned for the subsequenta brief reporting period.

1 The Recipient Agency shall also submit to USAID budget on a quarterly basis a financial report that includes tures, this commitments, Agreement. and disbursements of funds provided unde b.

Analysis of Trainina bv Gender.

reports required by the Standard Provisions, Clause F,The quarterly shall include atrained females country-by-country to date underanalysis of the number of males and the Program.

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_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ . _ _ _ _ _ _ _ _ _ _ ._ 1

coevuaauvevaa pace cens c.

prepare and submit Earticioant to USAID, Data Form. The Recipient Agency will Data Form (the form of whichon willa be quarterly basis, supplied a Participant by USAID) for each the Program.

person trained programmatic, in the United States or in a third countr administrative, ,

will facilitate USAID's reporting to Cengress.and logistical information which

d. Final Reoort: Not l the completion date of the program,ater than 60 days the Recipient following Agency shall prepare and submit to USAID, in form and substance satisfactory to USAID, Agreement. a final report of country programs financed under this This final report shall provide a chronological summary of the information required generally for the periodic progress reports for the period from the beginning of the country program to its completion; and an assessment by the Recipient Agency, to the extent feasible, of the impacts of the Program ,

1

3. Consultation j that the purpose of this Agreement will be accomplishedThe end, the Recipient Agency and USAID .

To this R

at the request of either, i mance of obligations under this Agreement,will exchange views -

any consultants, contractors, or suppliers engaged in the Pro-and the performance o gram, and other matters relating to the Program.

4. Coordination nate its activities with those of other U.S.The Recipient Agency shall mak programs and other donors providing assistance Government-financed similar or related to that of the Recipient Agency in the Cooperating countries .

5.

Procram Evaluation Except'  !

Recipient Agency shall undertake or cause to be undertaken,as USA within the Budget total budget in Annex B of thisspecified Agreement, in the Financial Plan and the Program. an USAID external evaluation The Recipient Acency and shall agree onofthe terms of reference for conducting it. for the evaluation and an appropriate schedule Unless the Recipient Agency and USAID agree otherwise in writing, the evaluation shall be carried out during the implementation thereafter and shallofinclude: the Program and at one or more points a.

objectives of the Program; Evaluation of progress toward attainment of t b.

Identification and evaluation of problem areas of l

constraints which may inhibit such attainment; c.

Assessment of how such information may be used to

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help overcome such problems; and d.

Evaluation of Program objectives.the overall impact of the Program on \

6.

Comoliance with USAID Peliev Guidance a.

Cooperating Ccuntry shall be responsible for coordinatiThe cog mentation of the Program in the Cooperating Country ng imple-ent Agency grantees shall ensure comply thatthis fully with its employees, provision. contractorsThe Recipi-

, and b.

From tiine to time, USAID may issue policy and operational Tae Recipientguidance guidance, regarding Agency hereby thetoimplementation agrees comply with all suchof the Program 7.

as USAID may convey to the Recipient Agency in writing.

. Notification The Recipient Agency shall' notify USAID promptly in writing of any audits of activities financed by this Agreement initiated by or at the request of the Recipient Agency its Inspector General General, Office.

Accounting the Office of Management and Budget or the F.

Soecial Provisions

1. Country Eligibility
a. For ating Country" or " purposes of this Agreement, i

receiving assistance under this Agreement. recipient country" shall m assistance hereunder.may otherwise agree in writing, Lithuania is eligible to rece b.

the contrary, the Recipient Agency shall not provide any assis-N tance to the otherwise Government agree in writing.of Azerbaijan, except as USAID may 2.

The Recipient Agency shall comply with USAID environ-mental regulations (22 CFR Section 216, " Regulation 16") with respect to the activities to be undertaken under this Agreement At the request of the Recipient Agency, USAID will provide .

Regulation further guidance16. to assist the Recipient Agency in complying with 3 Procurement a.

a country in USAID Authorized GeoThe Recipient Agency may authorize procuremen

( specified in standard Provisions, graphic ClauseCode 935if other than as D only (1) the procurement is of commodities or services

uu uur00 6-any country specified in Standard Provisions, or Clause D;o (2)

Agency curement determines from such other incountrywritingison r a case-by-case basis that pro-th seen circumstances, such as emergency,ecessary (a) situations, to meet or unfore-(b) to promote efficiency in the use of United Scates foreign assistance resources, objectives. including to avoid impairment of foreign assistance b.

The authorization for procurement in accordance with the preceding paragraph shall be in writing, and a copy of the authorization shall be furnished to USAID.

G.

Conflicts between any of the parts of this Agreement shall be resolved by applying the following descending order of prece-dence:

Face Sheet Schedule .

Annex A, Program Description Annex B, Annex C, Financial Plan and Budget Standard Provisions l

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- - - - , , , vv-vouaouoaJJ Docs ta/is PROGRAM DESCRIPTION FYS8 Interagency Agreement Nuclear Regulatory Commission o -Lithuania ($650,000)

A Nuclear Safety Account the European Bank for Reconstruction and Development (EBRD)

(NSA) wa with the broad objective of addressing immediate operational and near-term techical safety improvement measures at Soviet-desig tral Europe.ned nuclear power stations in Eastern and Cen-In Lithuania, the NSA has been focused on improving the Power Plant (INPP operational

. safety of the Ignalina Nuclear reactors each'capa)ble of producing IS00 megawatts of elec-tricity.

Lithuania's Together, electricity.the'two reactors provide 87.6 % of The RBMK reactor design is a boiling-water, graphite-moderated, pressure-tube reactor.

NRC will provide assistance in two areas under this agreement:

1.

Guidance to Lithuanian organizations

~

Provide technical support and consultation as VATESI (the regula-toq)

(LEI authority in Lithuania)

Analysiswork to perform a formal review of the Ignalina Safety-and the L Report t

(SAR) leading to a relicensing decision. This includes direct onsite support and training in the form of technical meetings to resolve open technical issues, devel ing decisions via formal peer reviews and other evaluations NRC will not do the actual review work, but will identify formal .

being licensingdone of the by NRCNPP)

Temelin in the Czech Republic in connection with necessary in the actual conduct of the review.and guide VATESI to the extent 2.

Peer Review and Mentoring 1 Peer Review supporting of VATESI's documentation ~ licensing approach, their findings and

. Support to VATESI

, onsite on-the-job training .and mentoring by a,ppropriate USincluding specific technical Ignalina NPP experts Unit on

  1. 1 a range ofreview.

licensing technical issues related to conformance with NRC licensing methodology.This will ensure general L ' Note Both tasks also involve contractor time spent on Tso's, foreign regulators, etc.) coordination activities with all other parties (co

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assistance project (via phone fax,involved e-mail) in the Lithuania attendance at steering group m,eetings in Lithuania.and bi-monthly 6

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FINANCIAL PLAN AND BUDGET FY98 Interagency Agreement Nuclect Regulatory Commission

. Lithuaniar $650,000 TOT 11 =

$650,000

-Activity W92 FY93 W94 W95 FY96 FT97 FY98 Nuclear Regulatory $91K $240K Assistance to Improve $250K $200K $368K $200K 650 K Nuclear Safety

.) Totals SS1K $240K $250K $200K $368K $200K $65CK notes: (1)

- are not being reimbursed by this agreement.NRC employee sa IAA No. 180-0030-G-00-3-827-00(2). Funding for the period FY92 g thr l

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" DCS3 INITIAL ENVIRONMENTAL EXAMINATION (A)

PROGRAM COUNTRY:

Lithuania (B) ACTIVITY:

Regional Energy Efficiency 180-0030, IAA with US Nuclear Regulatory Commission (C) FUNDING LEVEL: $650,000 (D)

FISCAL YEAR FUNDING FY 1998 (E)

STATEMENT PREPARED BY: Gordon W. Weynand, ENI/EEUD/EI (F)

ENVIRONMENTAL ACTION RECOMMENDED:

Categorical Exclusion, USAID Regulation 22 CFR 216.2 (c) (2) (i)

(G)

Environmental Procedures DECISION OF THE ENI DEPUTN ASSISTANT ADMINISTRATO APPROVED:_

DISAPPROVED DATE:

(H)

DECISION OF THE ENI BUREAU ENVIRONMENTAL OFFICER APPROVED:

DISAPPROVED DATE:__

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Attachment 2 USAID

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U.S. Actsci ron INTERNArios4L DtvtLOPMENT Mrs. Elois'Wiggins Contract Officer Nuclear Regulatory Commission

. Washington, D.C. 20555-40E5

Subject:

Amendment No. 6 to Interagency Agreement No.

180-0030-G-00-3-827-00

Dear Mrs. Wiggins':

Enclosed for your signature are duplicate originals of a 632 (b) Interagency Agreement (IAA) Amendment facesheet providing for extension of the completion date.

I The date to purpose 31, December of Amendment 1999. ThisNo. 6 is to extend the completion {

extension will enable NRC to complete the nuclear safety work in Lithuania and fully disburse ]

funds previously transferred under the agreement for work in q Lithuania and other countries in Central and Eastern Europe. The amendment _also establishes a common completion date for both this Interagency Agreement and the recently signed new agreement (ENI-P-00-98-00010-00) which provided an additional $650,000 for a your nuclear safety work in Lithuania. I Please. sign both Amendment No. 6 facesheets and return one copy to.me. If you have any questions, please contact Mr. Robert Ichord at (202)712-1352.

Sincerely,

[

Patricia Matheson Acting Deputy Assistant Administrator Bureau for Europe and the 3 New Independent States l l

Enclosures:

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1300 Ptsssm ast a Avru t. N.W.

WASHisGios. D.C. 20523 j

< a INTERAGENCY AGREEMENT l

. BETWEEN THE UNITED STATES AND AGENCY FOR INTERNATIONAL DEVELOPMENT {

THE NUCLEAR REGULATORY COMMISSION 1

1. Project Title Regional Energy 2. Project Number 180-0030.05 Efficiency Project (IAA No. 180-0030-G-00-3-827-00)  !
3. Appropriation Symbol N/A 4. Budget Plan Code N/A
5. Funds Control Number N/A 6. Fiscal Year 1998
7. Completion Date December 31, 1999 8. Original or Amendment No. 6

'I 9A. Prior Funding 9B. Funding Obligated this Docum- 9C.

ent New Total Funding

$5,991,000 -

0- $5,991,000 t__

10. Authority Section 632 (b) of the Foreign Assistance Act of 1961, amended. as
11. Brief Program Description The purpose of this amendment is to extend the Completion Date of the Agreement (Box 7) to December 31, 1999 to provide sufficient time for completion of planned nuclear safety activities in Lithuania and fully disburse funds for activities in other countries in Central and Eastern Europe. All other terms and conditions of the Agreement, as amended, remain unchanged and in force.
12. Liaison Offices / Additional Representatives A. Nuclear Regulatory Commission B. United States Agency for International Development Ern2 Schechter Robert F. Ichord Program Coordinator Energy Division, Chief CIntral and Eastern Europe Office of Environment , Energy, and Offica of International Programs Urban Development Nuclotr Regulatory Commission Bureau for Europe and the NIS 13A. Signature by Authorized Representative 13B. Signamre by Authorized Representative NUCLEAR REGULATORY COMMISSION UNITED STATES AGENCY FOR i INTERNATIONAL DEVELOPMENT

{

BY: _ BY: bb.d h 4cen NAME Eloise Wiggins NAME Patricia Matheson TITLE Contract Officer TITLE Acting Deputy Assistant DATE Administrator DATE 4l2flf2

14. This Interagency Agreement consists of this face sheet and the following items (if checked):

_ Schedule . _ Annex A Program Description i

_ Annex B - Financial Plan and Budget _ Annex C - Standard Provisions l l 4

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'85858' US. Actact tor INTIRNADONAL Davetor> text -

All - 9 1993 Mr. Carlton R. Stoiber Director Office of International Programs U.S. Nuclear Regulatory Com'nission Washington, D.C. 20555-0001

Dear Mr. Stoiber:

We regret the delay in res Nuclear Regulatory Commis.sien (ponse to the important issue of in your March 26, 1998 letter. NRC) salary cost recovery raised i issue involving discussions with three State DecartmentThis is of course an intera{ '

Coordinators Management and (EUR/EFA, audget. S/NISC, PM/SC) , as well as the office of l

The NRC, as the U.S. independent nuclear regulator, is an important participating agency in our assistance programs to both j Central and Eastern Europe and the New Independent States. It is in the U.S. interest to provide assistance to the fledging independent regulatory bodies of these countries directly from our independent regulatory body, and both the U.S. Agency for International Development and the State Department are anxious to {

cee this assistance continue.

cala.m.f (FTE)

Unfortunately, however, we cannot agree to cover the full costs for NRC personnel, estimated in your letter to be S2.1 million in FY99, for the NRC's activities carried out-with assistance funds. This is not our practice in interagency programs, and is not in keeping with our efforts to maximize assistance resources available to implement projects.

.Furthermore, we understand that Congress is considering NRC's FY99 request for non-fee recovery authorities that could be used i to cover international program FTEs.

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your involvement We are prepared in these to work with you on options for sustaining programs. In the meantime, we ask that

,NRC not hold up signing the FY98 interagency agreements for critical activities in Lithuania, Russia, Ukraine, Armenia and i i

! Kazakstan, for which the NRC and the U.S. Government have made l commitments

.of FY98 or previous to the counterpart year funding. Governments based on availability i l

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2 USAID,.together with the State Department coordinators and OMB, would be happy to meet with NP.C Senior Management and Commissioners to develop a workable approach.

Sincerely, George Ingram Deputy Assistant Adr.inistrator

. Bureau for Europe and New Independent States l

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