United States Nuclear Regulatory Commission

Office of Public Affairs

Washington, DC 20555

Phone 301-415-8200 Fax 301-415-2234

Internet:opa@nrc.gov

No. 97-007 FOR IMMEDIATE RELEASE

(Friday, January 17, 1997

NRC, DOE SIGN NEW MEMORANDUM OF UNDERSTANDING

NRC Chairman Shirley Ann Jackson and Secretary of Energy

Hazel O'Leary have signed a new memorandum of understanding

governing joint cooperation on significant projects between their

two agencies.

The agreement supplements one dating from February 1978

which addressed interagency relationships in the conduct of

research programs. It provides a basic framework for the staffs

of the Nuclear Regulatory Commission and the Department of Energy

to use in developing further agreements on specific projects,

such as the NRC-DOE memorandum on tritium production which was

signed last May. This agreement does not address issues related

to possible external regulation of DOE by NRC.

Under the new basic agreement, both NRC and DOE agree to

cooperate on long-range planning for activities on which both

agencies can work together. It designates the NRC Executive

Director for Operations and the DOE Assistant Secretary for

Environment, Safety and Health as the initial points of contact.

One provision calls for use of the NRC "open meetings"

policy for NRC-DOE staff meetings on joint project activities

pertaining to specific regulatory decisions or actions. Under

that policy, meetings between the NRC staff and outside persons

are open unless proprietary, privacy, safeguards or investigative

matters are to be discussed. Another provision holds that, in

developing specific memoranda of understanding for particular

projects, the parties shall include provisions for handling

employee whistleblower issues and other complaints or allegations

from private citizens.

The complete text of the memorandum of understanding is

attached.
###

MEMORANDUM OF UNDERSTANDING

BETWEEN THE

DEPARTMENT OF ENERGY AND THE NUCLEAR REGULATORY COMMISSION

COOPERATION IN SUPPORT OF

SIGNIFICANT PROJECTS AND ACTIVITIES

I. Introduction

The Department of Energy (DOE) and the Nuclear Regulatory

Commission (NRC) in recognition of a mutual commitment to protect

public health and safety, common defense and security, and the

environment have developed this Memorandum of Understanding (MOU)

to establish a framework for carrying out significant projects

and activities where joint cooperation between DOE and NRC is

desirable.

II. Authority

The Atomic Energy Act of 1954, as amended, including but not

limited to Sections 31, 33, 91, and 161(i); the Energy

Reorganization Act of 1974, including Sections 104, and Section

301(a) of the Department of Energy Organization Act of 1977

authorize DOE to engage in various activities involving nuclear

materials and facilities. Sections 53, 57, 62, 63, 81, 103, 104,

and 161(b), of the Atomic Energy Act of 1954, as amended, and

Section 201(f) of the Energy Reorganization Act of 1974 authorize

NRC to license and establish by rule, regulation, or order,

standards, and instructions to govern the possession and use of

special nuclear material, source material, or byproduct material

and the construction and operation of certain facilities to

protect health or to minimize danger to life or property, or to

promote the common defense and security. This agreement is

designed to supplement the February 24, 1978 DOE/NRC MOU. The

DOE/NRC MOU of February 24, 1978, establishes an overall

management policy regarding interagency relationships in the

conduct of research programs and related areas and includes

within its scope those guidelines governing DOE work performed by

NRC.
III. Purpose

The purpose of this MOU is to provide the basis for DOE and NRC

to cooperate on significant projects and activities of mutual

interest.

This MOU does not address DOE/NRC interaction with respect to

those DOE facilities which by statute are required to be licensed

or otherwise regulated by NRC under the Energy Reorganization Act

of 1974, the Nuclear Waste Policy Act or other applicable law, or

with respect to material and facilities within the responsibility

of the DOE Office of Naval Reactors.

IV. Agreements between Parties

A. General

1. DOE and NRC will cooperate in the timely and orderly

completion of projects and activities undertaken

pursuant to this MOU with due regard for public health

and safety, protection of the environment, and common

defense and security. Essential to complying with the

spirit of this MOU is maintaining a relationship

between the agencies marked by open and candid

communications at all levels.

2. Toward these goals, DOE and NRC will explore together

the development of specific MOUs to support NRC

involvement in projects and activities in areas where

joint cooperation is desirable, such as the efforts

covered by the DOE/NRC MOU on tritium production dated

May 22, 1996.

B. Planning

1. DOE and NRC will cooperate in long-range planning to

ensure that both agencies are cognizant of the funding,

resource, and timing requirements for these special

projects and activities. Consultations and information

exchanges between the DOE and NRC on long-range

planning activities, operating experience or research

results, briefings of advisory committees, and other

normal functions are generally not subject to

reimbursement.

2. DOE and NRC will inform each other and the Office of

Management and Budget of activities that will require

significant participation of both. Specific activities

related to public health and safety, protection of the

environment, and common defense and security for which

DOE requests NRC involvement will require significant

advance notification to allow NRC to seek appropriate
resources in NRC's budget requests. DOE will provide

NRC the necessary information required to support such

budget requests. NRC generally will not participate in

projects and activities pertaining to DOE's

responsibilities unless Congress appropriates resources

to NRC for such activities. Exceptions will be

considered by NRC on a case-by-case basis and only if

DOE reimburses NRC for its full agency cost.

3. This MOU shall not be used to obligate or commit funds

or be used as the basis for the transfer of funds.

C. Interagency Interfaces

1. Matters of policy coordination, interpretation of

established policy and implementation oversight are the

responsibility of the Under Secretary for DOE and the

Executive Director for Operations of the NRC.

Functional responsibilities shall be assigned by each

agency as necessary to fulfill the provisions of this

MOU and any specific MOUs entered into by DOE and NRC.

The DOE Assistant Secretary for Environment, Safety and

Health and the Executive Director for Operations of the

NRC will be the initial points of contact for

communication relating to carrying out the provisions

of this MOU.

2. The day-to-day activities performed in accordance with

this MOU are the responsibility of the designated DOE

representative, in coordination with the designated NRC

representative. Every attempt shall be made to address

topics and issues at the project level. If they cannot

be resolved at the project level, they will be raised

through each agency's management chain, as necessary

and appropriate.

D. Information Management and Independent Technical Oversight

1. Each agency recognizes that it is responsible for the

identification, protection, control, and accounting of

information used or otherwise furnished in connection

with this MOU in accordance with its established

procedures. This information consists of classified,

proprietary, and procurement-sensitive information;

Safeguards Information; and Unclassified Controlled

Nuclear Information (UCNI) as described by Section 148

of the Atomic Energy Act of 1954, as amended.

2. NRC agrees to use available DOE information and reports

and to comply with DOE administrative requirements for

handling such information. DOE will provide NRC such
additional information as NRC may require to identify

issues related to public health and safety, protection

of the environment, and common defense and security

which may be necessitated by the project or activity.

NRC will determine whether to establish a public docket

for particular joint projects on a case-by-case basis.

3. DOE and NRC recognize the importance of providing

timely and accurate information to the public regarding

projects, activities, and regulatory decisions that may

affect public health and safety, and protection of the

environment. Meetings between DOE and NRC staff in

connection with project activities that pertain to

specific regulatory decisions or actions shall be

governed by NRC'spolicy on open meetings (59 FR 48340,

September 20, 1994).

4. Committees, such as the Advisory Committee on Reactor

Safeguards and the Advisory Committee on Nuclear Waste

for NRC and the Defense Nuclear Facilities Safety Board

for DOE, provide independent technical advice

concerning facilities, safety studies, and related

matters. As appropriate, DOE and NRC agree to support

these types of independent reviews by providing readily

available information or designating representatives to

attend briefings related to their respective areas of

responsibilities.

V. Other Provisions

1. Nothing in this MOU shall limit the rights or ability

of either agency to exercise its authority

independently with regard to matters that are the

subject of this MOU.

2. Nothing in this MOU shall be deemed to establish any

right nor provide a basis for any action, either legal

or equitable, by any person or class of persons

challenging a government action or a failure to act.

3. This MOU is not entered into for purposes of addressing

issues related to possible changes in the scope of

either party's authority to regulate nuclear materials

and facilities.

4. This MOU may be further implemented by supplementary

agreements in which authorized representatives of DOE

and NRC may amplify or modify the policy or provisions

in this MOU or any of its supplements, provided that

any material modifications of the provisions or any of

its supplements shall be subject to the approval of the

authorized signatories of this MOU or their designated

representatives.
5. This MOU shall be effective upon signature of the

Secretary of Energy and the Chairman of the NRC and

will remain in effect until terminated by mutual

agreement or by the written notice of either party

submitted six months in advance of termination.

Amendments or modifications to this MOU may be made

upon the written agreement of the parties.

6. In developing specific MOUs for particular projects and

activities, the parties shall consider what provisions

should be made for the handling of whistleblower issues

or other citizen complaints.

_______________________ ________________________

Hazel R. O'Leary Shirley A. Jackson

Secretary Chairman

Department of Energy Nuclear Regulatory Commission