Department of Energy 

Idaho Operations Office 

Memorandum of Understanding 

No. DE-GM07-OIID 11435 

Page 1 of 7 

MEMORANDUM OF UNDERSTANDING 

BETWEEN THE 

U.S. DEPARTMENT OF ENERGY 

AND THE 

U.S. NUCLEAR REGULATORY COMMISSION 

REGARDING THE 

MANAGEMENT OF (1) EXISTING SODIUM-BEARING WASTE AND 

(2) RESIDUAL WASTE FROM THE CLOSURE OF THE HIGH-LEVEL WASTE 

STORAGE TANKS 

AT THE IDAHO NATIONAL ENGINEERING AND ENVIRONMENTAL 

LABORATORY 

(1) INTRODUCTION 

a) Background 

The U.S. Department of Energy, Idaho Operations Office (DOE-ID) is under a 

State of Idaho Consent Order to cease use of eleven underground high-level waste 

(HLW) storage tanks at the Idaho National Engineering and Environmental 

Laboratory (INEEL). Over the past 40 years, these tanks have received 9.4 

million gallons of waste from spent nuclear fuel reprocessing, other ancillary 

processes, and decontamination activities, and all but 1.3 million gallons have 

been removed and solidified. DOE-ID is preparing to remove and treat the 

remaining 1.3 million gallons for disposal and to close the tanks to meet RCRA 

requirements and DOE orders. 

Beginning in 1953 and ending in 1992, nuclear fuel reprocessing operations at the 

1NEEL produced 9.4 million gallons of waste that contained 45 million curies of 

radionuclides. Waste from 1st cycle extraction containing the bulk of the 

radioactivity was kept separate from other reprocessing waste (2 nd and 3rd cycle 

waste, decontamination solutions, and other wastes). The lst cycle extraction 

waste has been solidified into a granular product and has been placed into HLW 

storage bins awaiting final treatment for disposal. The 1.3 million gallons of 

other reprocessing waste that remains in the storage tanks contain less than 1.7 % 

of the original 45 million curies that were generated from fuel reprocessing. This 

waste is called sodium-bearing waste (SBW) because the majority of it is from 

decontamination solutions that were relatively high in sodium ions. 

DOE Order 435.1, Radioactive Waste Management, and its implementing manual 

DOE Manual 435.1-1 address the management of radioactive waste including 

low-level waste (LLW), transuranic (TRU) waste, and HLW. The DOE Order 

describes the process that may be used for waste incidental to reprocessing (WIR) 

determinations. DOE-ID will attempt to demonstrate through the WIR 

determination process that the 1.3 million gallons of SBW are not HLW and can

Attachment 1
Department of Energy 

Idaho Operations Office 

Memorandum of Understanding 

No. DE-GM07-01ID11435 

Page 2 of 7 

be managed under DOE's authority as TRU waste. DOE-ID will also attempt to 

demonstrate that residuals that will remain in the tanks after SBW removal and 

tank closure can be managed as LLW, consistent with DOE guidelines. DOE-ID 

requests technical assistance from the U.S. Nuclear Regulatory Commission 

(NRC) in reviewing the DOE-ID WIR determinations to assess the adequacy of 

the methodology, and based on verification that the assumptions underlying the 

analyses are correct, that the health and safety of the public and protection of the 

environment is assured. 

The State of Idaho has been a cooperating agency in the on-going development of 

the Idaho High Level Waste & Facilities Disposition Environmental Impact 

Statement at the INEEL. The State of Idaho maintains a high interest in the 

results of the WIR determination process. 

b) Purpose 

The purpose of this Memorandum of Understanding (MOU) between DOE-ID 

and NRC is to establish a basic framework for DOE-ID) to consult with NRC 

regarding the management of existing radioactive SBW and the residual wastes 

from closure of HLW storage tanks at the INEEL. Specifically, the consultation 

will provide technical assistance to DOE-ID for determining whether SBW and 

solidified tank residuals are each WIR and are exempt from management as 

HLW. 

c) Authority 

The authority of DOE to regulate nuclear wastes and the authority for NRC to 

assist DOE are provided in the following reference documents. 

Department of Energy 

The Atomic Energy Act of 1954, as amended, including sections 31, 33, 

91, 16 11; the Energy Reorganization Act of 1974, including section 104; 

the Department of Energy Organization Act of 1977, including section 

30 1(a); and the Economy Act of 1932, as amended. 

Nuclear Regulatory Commission 

The Economy Act of 1932, as amended: the Atomic Energy Act of 1954, 

as amended, including Section 31; the Energy Reorganization Act of 

1974, as amended, including Section 205; Section VI of the umbrella 

MOU between NRC and DOE dated February 24, 1978; and Section
Department of Energy 

Idaho Operations Office 

Memorandum of Understanding 

No. DE-GM07-01ID1 1435 

Page 3 of 7 

IV-B-2 of the MOU between NRC and DOE for Cooperation in Support 

of Significant Projects and Activities dated January 15, 1997. 

d) Policy 

Memorandums of understanding are discussed in DOE-ID Manual 120.A-1, 

General Business Planning Alignment Manual, Section D, Chapter 5, 

Memorandums of Understanding (MOU). This manual states, "MOUs should be 

used when it is necessary to establish a non-contractual understanding between 

the Department of Energy and a non-DOE entity concerning joint efforts to satisfy 

mutual needs of both." 

(2) MANAGEMENT AND PROGRAM GUIDELINES 

a) Management and Review 

1) Responsibilities of Participating Parties 

The Key Program Representatives for this MOU will be: 

1. Director, Office of Nuclear Material Safety and Safeguards, NRC 

2. Assistant Manager for Environmental Management, DOE-ID 

These individuals may designate appropriate staff representatives for the 

purpose of administering this MOU. 

2) Periodic Review by designated officials of participating organizations 

Because this MOU is expected to be in effect for less than 2 years, a periodic 

review should not be necessary. If this MOU is extended for any reason, a 

review will be accomplished to establish the new requirements and if required, 

a review schedule for the extended MOU shall be established then. 

3) Establishment of a steering committee and working committees, as 

appropriate to review and provide further guidance for joint activities 

If this MOU is expanded to cover other activities, it is expected that a steering 

committee and working committees will be established to plan and coordinate 

the expanded effort. Because this MOU has a limited scope, committees will 

not be necessary for this initial effort. 

4) Supplementary interagency or other agreements 

An interagency agreement will be established to define the working 

relationship between DOE-ID and NRC. NRC will be reimbursed for the full 

cost of activities within the scope of this MOU, as provided for in the 

interagency agreement.
Department of Energy 

Idaho Operations Office 

Memorandum of Understanding 

No. DE-GM07-OIID1 1435 

Page 4 of 7 

b) Guidelines 

1) Each agency will be responsible for safeguarding, controlling, and accounting 

for classified, proprietary, and procurement-sensitive information used or 

furnished in connection with tasks under this MOU in accordance with its 

established procedures. 

2) If an issue arises in the implementation of this MOU which cannot be resolved 

at the agency working level, NRC and DOE-ID agree to refer the matter 

within 30 days to the Director, Office of Nuclear Material Safety and 

Safeguards, NRC and to the Assistant Manager for Environmental 

Management, DOE-ID for appropriate action. 

3) NRC's policy on open meetings (59 FR 48340, September 20, 1994) does not 

address meetings between NRC staff and other Federal agencies where the 

matter does not relate to a specific activity for which NRC has oversight. 

Meetings between the NRC and DOE in connection with these activities shall 

be governed by DOE's policies. 

4) Committees such as the Advisory Committee on Nuclear Waste, the Defense 

Nuclear Facilities Safety Board, and the Nuclear Waste Technical Review 

Board provide independent review of their respective agency's facilities, 

activities, and related matters. As appropriate, NRC and DOE-ID agree to 

support these types of independent reviews by providing readily available 

information or attending briefings related to their respective areas of 

responsibilities. 

5) DOE-ID will provide office space as necessary to accommodate NRC visits to 

the INEEL site and will coordinate attendance of all parties to any reviews 

requested by NRC. Close coordination between NRC and DOE-ID is essential 

to timely project completion. 

6) Nothing in this MOU shall limit the authority of either agency to exercise its 

authority independently with regards to matters that are the subject of this 

MOU. 

7) Nothing in this MOU is intended to conflict with any other MOU between 

NRC and DOE. In the event of a conflict between this MOU and any other 

MOU between NRC and DOE regarding prelicensing and licensing 

interactions affecting facilities of the Civilian Radioactive Waste Management 

System subject to licensing authority of the NRC, the provisions of the other 

MOU shall govern.
Department of Energy 

Idaho Operations Office 

Memorandum of Understanding 

No. DE-GM07-01ID 11435 

Page 5 of 7 

8) NRC's activities under this MOU are being carried out in an advisory 

capacity. Any advice given to DOE-ID under this MOU does not constitute a 

regulatory approval, authorization or license for DOE activities, or in any way 

affect NRC's authority in any licensing proceeding. 

9) Nothing in this MOU shall be deemed to establish any rights or 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. 

10) Nothing in this MOU or any activities performed by the DOE and the NRC 

pursuant to the MOU is intended to be determinative of any regulatory 

authority or jurisdictional issue between DOE and NRC. 

c) Program Funding 

The details of the level of support to be furnished one organization by the other 

with respect to funding will be developed in specific interagency agreements or 

other agreements, subject to the availability of funds. 

d) Management Arrangements 

This MOU envisages direct communication between DOE-ID and NRC officials 

involved in managing the work to be performed. Interagency agreements or 

project plans will set forth specific arrangements for program implementation. 

Such plans set forth necessary cooperative arrangements and procedures for 

handling decisions required by various Government officials. Specific funding 

and tasking will be implemented through interagency agreements. 

e) INEEL Access Safety 

The NRC may visit the INEEL for tours and/or meetings during the performance 

of these reviews. During such visits, the NRC would be under DOE-ID/DOE-ID 

contractor escort, who would be responsible for ensuring that INEEL safety 

practices are followed. 

(3) Administration 

a) Patents and Technical Data 

Appropriate patent and other intellectual property provisions shall be included in 

interagency agreements and any other agreements entered into by the parties in 

order to implement this MOU. DOE patent and intellectual property policies shall 

apply to any such work performed by a contractor (including any subcontractor)
Department of Energy 

Idaho Operations Office 

Memorandum of Understanding 

No. DE-GM07-01ID 11435 

Page 6 of 7 

which is funded in whole or in part by DOE. Rights to inventions made by 

United Sates Government employees shall be determined by the employing 

agency. 

b) Public Information Coordination 

The results from NRC's final technical evaluation will be made available to the 

public. Subject to the Freedom of Information Act (5 U.S.C. 552), decisions on 

disclosure of othe'r information to the public regarding projects and programs 

referenced in this MOU shall be made by the party who generates the document, 

following consultation with the other party's representatives. 

c) Amendment and Termination 

This MOU shall be effective upon signature of both parties. This MOU may be 

amended by written agreement between DOE and NRC. This MOU may be 

terminated by the mutual written agreement of DOE and NRC or by either party 

upon 30 day written notice to the other party. Unless otherwise provided herein, 

this MOU shall expire on December 31, 2002.
Department of Energy Idaho Operations Office 

Memorandum of Understanding 

No. DE-GM07-0IID! 1435 

Page 7 of 7

(4) Signatures

For the Department of Energy 

*Ass~isftant Manage or ' 

Environmental Management, 

DOE-ID 

Date 

Contracting Officer Forw 

DOE-ID 

5--- g l4

Date

For the Nuclear Regulatory Commission 

Director, Office of Nuclear Material 

Safety and Safeguards, NRC 

Date