I9.

*lRC/MEMO TO BURNEI

* MEMORANDUM FOR:

rT MAY 6 1991 - 1 - 99no1 3 33

Robert F. Burnett, Director

Division of Safeguards and Transportation

Office of Nuclear Material Safety

and Safeguards

Richard E. Cunningham, Director

Division of Industrial and Medical Nuclear Safety

Office of Nuclear Material Safety

and Safeguards

Stuart A. Treby

Assistant General Counsel for Rulemaking

and Fuel Cycle

Office of the General Counsel

B. J. Youngblood, Director

Division of High-Level Waste Management

Office of Nuclear Material Safety

and Safeguards

FROM:

SUBJECT: MEMORANDUM

REGULATORY

NEGOTIATOR

OF UNDERSTANDING (MOU) BETWEEN THE U.S. NUCLEAR

COMMISSION (NRC) AND THE OFFICE OF NUCLEAR WASTE

(ONWN)

The purpose of this memorandum is to request your review and comments on tne

enclosed MOU. As noted in the enclosed letter dated February 8. 1991, the Nuclear

Waste Negotiator, Mr. David Leroy, proposed entering into an MOU with the NRC,

similar to the existing agreement between ONWN and the U.S. Dr"artment of Energy

(DOE). Chairman Carr responded in his letter on March 12, 1991 that the NRC was

in favor of this arrangement if it was consistent with the NRC's role and mission

in the national high-level radioactive waste (HLW) program.

Subsequently, the Division of High-Level Waste Management (HLWM) was tasked to

coordinate the development of an MOU between NRC and ONWN. A mark-up of the

existing MOU between DOE and ONWN reflecting changes HLWM believes are necessary

to develop an NRC/ONWN MOU is enclosed. This markup is intended to include

consideration of regulatory aspects of the monitored retrievable storage facility,

geologic repository, and HLW transportation programs.

Please provide any comments to Bob Carlson, HLWM no later than May 17, 1991.

can be reached on extension 20435.

(01j^^! S-is!¢ by d

8. J. Youngblood, Director

Division of High-Level Waste Management

Office of Nuclear Material Safety

and Safeguards

He

Enclosure: As stated

cc: R. Bernero

G. Arlotto

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DISTRIBUTION

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JLinehan, HLWM RBallard, HLEN

Chief, HLGP

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Central File

On-Site Reps

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FIRST MEMORANDUM OF UNDERSTANDING

BETWEEN THE

OFFICE OF THE NUCLEAR WASTE NEGOTIATOR

AND THE

I. INTRODUCTION

This MEMORANDUM OF UNDERSTANDING (MOU) outlines the initial

procedures for interactions between the Office of the Nuclear

waste Negotiator (ONWN) and the -Depataver of mrVe-Y-4DOF+ in

carrying out the Nuclear Waste Policy Amendments Act of 1987

(title V of Public Law 100-203),l which amended the Nuclear Waste

Policy Act of 1982 (Public Law 97-425) (the Act) and, Inter zlia,

created the ONWN. The ONNM is an independent establishment in

pgc'

the Executive Branch, separate from-Do~ and all other operating

departments and agencies of the Federal Government. This

independence facilitates the mission of the ONWN to find States

or Indian Tribes willing to negotiate regarding the siting of a

monitored retrievable storage facility or a permanent repository

within their jurisdictions as part of aU integrated waste

management system for the disposal of spent nuclear fuel and

high-level radioactive waste.

II. PURPOSE

The purpose of this MOU is to establish a working

NMAC

relationship between the ONWN and WeD that assures a timely flow

142 U.S.C. 10241 et seq.
:. I

2

of information between the parties; provides the OMW o

such DR services, facilities, and personnel 06L -

Energy (Secretaryj) determines appropriate: and maintains each

party's independence.

III. AUTHORITY

This YOU is entered into under the authority of section 409

of the Act (42 U.S.C. 10249), which provides that each

department, agency, and instrumentality of the United States may

furnish the Negotiator such information as he determines to be

necessary to carry out the functions of the ONWN, and under the

authority of section 408 of the Act (42 U.S.C. 10248(4)), which

specifies that the Negotiator may utilize the services,

personnel, and facilities of other Federal agencies, subject to

the consent of the head of any such agency.

IV. MATTERS NOT ADDRESSED

Subsequent MOU's between the parties addressing procedures

and relations regarding other provisions of the Act may be

entered into at a later date. lhter yLoviion i t

,-etrievable --- reptra

V. POLICY

The working relationship of the parties under this MOU will

be consistent with the provisions of the Act, -DOE will respond

; . 4 2 X *.Ifrw, fIS..J V*. . A .v~v~ ,f e ; 1.' .- * A

to,'_/ //}f./6, i s A v{ e-y - fioszalY'{, * &" t{^1. *^^ Fj s 'S ' ^ /~~~~~~~
in a timely manner to all wiitten requestsiade iby the ONWZ to

m-ofor services, personnel, facilities, or informationstubject

to the discretion thand as permitted by la.

Inforzation m de the 02M under this agreement

ray be used at that agency's option in carrying out its *, .

responsibilities under the Act. The O NMX and 4DM-contemplate

that all information rcquested and provided would be information

that may be released to the public.

VI. POINTS OF CONTACT

The points of contact for routine, daily co--unication

between the OWMM and DOE will be Counsel for the OrNW located in

the Washington, D.C. liaison office and the irctor o fthe

kckAv t crec4 S £C616n Pro4raOsw Office of Strategic-Plan.ning arnd nt rn^%lnat Pro=rams within

VIZ. SUPPLEXIIT7AL IflTPACGNtC AOEJDflT8

LUnless otherwise agreed b and tho )ogotiator,

when recseted by the Regotia ices, personnel,

facilities or infortation, -&=shall determine whether compliance

with such requests vill be in furtherance of its purposeD,

responulbilities, and obligations. To the extent D00-daterm-ncs

t.at copliance is in furtherance of such purposes,

responsibilities and obligations, it will assume the costs of

such compliance.

If it i determined that a cormitment, obligation, or

transfer of funds Is required, the details of the levels of
.: -

4

support to be furnished one organization by the other with

respect to funding will be developed in specific interagency

agreements. '

All obligations or expenditures emanating from activities

conducted under this HOU or any subsequent interagency agreements

are subject to the availability of appropriated funds.

VIII. AED2NT OR TERMINATION

This HOU may be modified, amended, or terminated by mutual

written agreement, or may be terminated unilaterally by either

party upon thirty (30) days written notice to the other party.

* IX. EFFECTIVE QATE

This KOALhll be effective upon execution by the Negotiator

and the

;rvrl~~~~~~tJ 1 Rs, e.. RCJ*C

Datet sf/:

OFFICE OF THE UNITED STATES NUCLEAR

STE TOR

Date:~l 0 9 By AD . Lr U T

DYD H. LEROY, Nt GOTIATOR