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. 99-27 (FOR IMMEDIATE RELEASE)

(Friday, February 12, 1999)

NRC TAKES ISSUE WITH DEFENSE NUCLEAR FACILITIES

SAFETY BOARD REPORT

The Nuclear Regulatory Commission -- while it currently has no plans to regulate

Department of Energy (DOE) defense facilities -- has taken issue with a report claiming

that such regulation would be too costly and could undermine national security.

The NRC discussed its points of disagreement in commenting on a report issued

last fall by the Defense Nuclear Facilities Safety Board, which monitors and evaluates

the safety of DOE’s defense nuclear facilities. NRC Chairman Shirley Ann Jackson, on

behalf of the full Commission, forwarded the agency’s comments recently to Congress

and to the board chairman, John T. Conway.

In her forwarding letter, Chairman Jackson pointed out that the NRC and the

DOE are now conducting a pilot program to test the effectiveness of outside regulation

on selected non-defense DOE programs, “maintaining a bright line to designate clearly

that defense nuclear facilities are not included in the Pilot Program.” The NRC has

focused on non-defense program facilities and does not currently have plans to provide

external regulation to the defense program facilities. However, she added, the NRC

accepts the DOE’s own Working Group position on External Regulation that “all DOE

nuclear facilities, including Defense Programs facilities, would ultimately be subject to

full regulation by the NRC, and we observe that there is nothing in your draft report that

either discusses or raises any reasonable doubt” about that view. The NRC believes

that, as a general matter, DOE defense nuclear facilities should adhere to the same

health and safety standards that civilian facilities must meet.

In her letter, Chairman Jackson stated that the Commission believes

consideration of the questions and issues raised by Congress related to external

regulation of DOE defense facilities should be deferred until the pilot program on

external regulation is completed at the end of the current fiscal year. “We look forward

to engaging the [Defense Nuclear Safety] Board along with other stakeholders in

evaluating the outcome of the pilots and in preparing any recommendations to the

Administration and Congress,” her letter says.

The NRC agreed to explore external regulation of the DOE nuclear

facilities after a couple of reports, prepared for the DOE based on broad and extensive
review, recommended that nuclear safety at these facilities be regulated by an authority

outside of the Department.

ˇ In December 1995, the Advisory Committee on External Regulation of

Department of Energy Nuclear Safety recommended external regulation of DOE

by an independent regulatory agency.

ˇ Based on the conclusions of the DOE Advisory Committee, an internal DOE

working group in late 1996 recommended the NRC as the external regulator of

nuclear safety.

ˇ In March 1997, the NRC decided to explore external regulation of the DOE

nuclear facilities in response to stakeholder comments on the NRC strategic

assessment and rebaselining initiative and the DOE recommendations.

ˇ The NRC and the DOE signed a Memorandum of Understanding to establish a

pilot program in November 1997 to test the feasibility of the NRC regulating

certain DOE facilities through simulated regulation.

ˇ In 1997 through 1998, the NRC simulated regulation at three pilot sites: the

Lawrence Berkeley National Laboratory, in California; the Radiochemical

Engineering Development Center at Oak Ridge National Laboratory, in

Tennessee; and the Receiving Basin for Off-site Fuel at the Savannah River

Site, in South Carolina. A fourth pilot, at the Pacific Northwest National

Laboratory, has been postponed to allow broader participation of Federal and

State agencies.

The pilots revealed a number of legal, financial, and policy issues which would

need to be addressed before NRC oversight could be accomplished. However, the

NRC believes the pilots have not revealed any issues that could not be resolved. If

Congress determines that NRC should regulate the DOE nuclear facilities, and if

adequate resources are provided and any necessary legislation enacted, the NRC

believes it would be successful in regulating DOE nuclear facilities.

Chairman Jackson’s letter to John Conway will be available shortly on NRC’s

web page, at www.nrc.gov/NRC/NMSS/doepilot.html

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