ML20202D994
| ML20202D994 | |
| Person / Time | |
|---|---|
| Issue date: | 11/13/1997 |
| From: | Hoyle J NRC OFFICE OF THE SECRETARY (SECY) |
| To: | |
| Shared Package | |
| ML20202E000 | List: |
| References | |
| REF-10CFR9.7 SECY-97-237-C, NUDOCS 9712050215 | |
| Download: ML20202D994 (5) | |
Text
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/ November 13 1997 dam innes
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OfflCE Of THE stCMifARY i COMMISSION _ VOTING RECORD DECISION ITEM: SECY-97-237 TITLE: MEMORANDUM OF UNDERSTANDING WITH THE DEPARTMENT OF ENERGY The Commission (with the Chairman and Commissioners Dieus and Diaz agreeing) approved the subject paper as recorded in the Staff Requirements Memorandum (SRM) of November 13, 1997.
Commissioner McGaffigan would have preferred to have revisions incorporated in the current version of the MOU rather than waiting for the next revision.
This Record .:ontains a summary of voting on this matter toger.her with the individual vote sheets, views and comments of the Commissioners, and the SRM of November 13, 1997.
Wd/h L Jf5hn C. 'HoyYe Secr,e,r.ary of the Commission Attachments:
- 1. Voting Summary 2, Commissioner Vote Sheets ~
- 3. Final SRM cc: Chairman Jackson Commissioner Dicus Commissioner Dia: l Commissioner McGaffigan ,
- TA* 'C8iN 7J!a' lillililllllMilHilll CORRESPONDENCE PDR ;
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Chairman Jacksone Comments on SECY 97 237 I approve the proposed Memorandum of Understanding between the U.S. Department of Energy and the U.S. Nuclear Regulatory Commission regarding the Pilot Program on Extemal Regulation of DOE Facilities by NRC in SECY 97 237. The staff should plan to revise the MOU following completion of the Lawrence Berkeley National Laboratory Pilot, to incorporate lessons leamed The cover letter to DOE transmitting the signed MOU should mention this need for a revision. Iri the revised MOU, the following editorial changes should be made:
- 1) The word
- Nuclear" should be inserted between the words ' DOE' and ' Facilities
- on the signature page and page 1 of the MOU.
- 2) The signature block shou!d be changed from
- Shirley A. Jackson' to
- on the signature page.
3)
Commas should be inserted following " Jackson" and
- Commission" on page 3, third paragraph.
- 4) On the top of page 5 following the words
- nuclear facilities." Insert the following sentence: "If deemed appropriate, a decision to seek legislation to give NRC authonty to regulate a specific facility could be made in advance of the full two-year time frame."
- 5) The word " report"in paragraph four of Section Vll.C. should be changed to Tinal Report."
G USMITFn97237.JAS 3
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. 1 MEMORANDUM OF UNDERSTANDING BETWEEN THE U.S. DEPARTMENT OF ENERGY AND THE U.S. NUCLEAR REGULATORY COMMISSION PILOT PROGRAM ON EXTERNAL REGULATION -
OF DOE FACILITIES BY THE NRC cA3 l
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A*P Date Shirley [. Jackson Date Fodenco F. Pena Secretary of Energy Chairman U.S. Department of Energy U.S. Nuclear Regulatory Commission 1
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Doth the Advisory Committee and the Working Group concluded that the transition to NRC regulation would involve significant legal, financial, technical and procedural adjustments for both agencies.
In September 1996, the NRC published for comment a series of Direction Setting Issue (DSI) Papers under its Strategic Assessment and Rebaselininginitisive. One of the issue papers, DSI 2, addressed options for NRC's position on the regulation of DOE facilities. In March 1997, after corisidering public comments, along with the December 1996 DOE decision to seek transfer of oversight to NRC, the Commission endorsed seeking the transfer to NRC of responsibilityfor the regulatory oversightof certain DOE nuclear facilities contingent on adequate funding, staffing resources, and a clear delineation of the authonty NRC will exercise over the facilities. In addition,the Commissiondirected the NRC staff to convene a high-leel NRC Task Force to identify, in conjunction with DOE, the policy and regulatory issues needing analysis and resolution.
Therefore, both Secretary Pena of the Department of Energy and Chairman Jackson, u represerting the Nuclear Regulatory Commissionpave agreed to pursue NRC regulation of DOE nuclear facilities on a pilot program basis, 111. ' DEFINITION OF SIMULATED REGULATION Regulation,In contrastto simulated regulationused in this pilot program, generally means that the regulator has the statutory authonty to: (1) establish standards ar.d requirements; (2) apply the standards and requirements to particular operations, sometimes through 3
I nuclear facihties. JC J.u , i <. fq ; A ggA .g l
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This MOU provides for cooperation in seeking to obtain the necessai/ budgetary and staffing lesources for NRC particip&i a in the pilot program.
In addition, this MOU provides for cooperationin involving the public and other stakeholders in the pilot program and in the DOE and NRC decision on whether to seek extemal regulation at the end of the pilot program.
This MOU covers a pilot program for simulated regulation of nuclear safety and radiation protection of workers at the pilot facilitics. It does not cover the industrial (non-nuclear) safety of workers at the pilot facilities. A parallel effort related to industrial safety of ,
workers at some, if not all, of the pilot facihties is expected between DOE and the Occupational Safety and Health Administration (OSHA).
V. OBJECTIVES I
The overallobjective of the activities undertaken pursuant to this MOU is to provide DOE and NRC with sufficient information to determine the desirability of NRC regulatory oversight of DOE nuclear facilities and to support'a' decision whether to seek legislation to authorize NRC regulationof DOE nuck ar facilities. Specifically, DOE and NRC seek to obtain sufficient Information about a set of DOE nuclear facilities to:
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I A. Determine the value added by NRC regulatory oversight of activities at a pilot set 5
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