89 0 01393-

JAC'S MEMO TO IG ON MOU JUL 15 1991 - 1 -

MEMORANDUM FOR:

FROM:

SUBJECT:

David C. Williams, Inspector General

Office of the Inspector General

Robert M. Bernero, Director

Office of Nuclear Material Safety and Safeguards

DRAFT MEMORANDUM OF UNDERSTANDING BETWEEN THE U.S. NUCLEAR

REGULATORY COMMISSION AND THE OFFICE OF THE U.S. NUCLEAR

WASTE NEGOTIATOR

Enclosed for your review and comment is a copy of a draft Memorandum of

Understanding (MOU) between the U.S. Nuclear Regulatory Commission (NRC) and

the Office of the U.S. Nuclear Waste Negotiator (ONWN). This MOU is

essentially a revision of the existing agreement between the ONWN and the U.S.

Department of Energy. The revisions incorporated into this MOU primarily

reflect the NRC's regulatory role and mission in the national high-level

radioactive waste program. The draft is being provided simultaneously to the

ONWN. The Office of Nuclear Material Safety and Safeguards staff contact

for this MOU is Mr. Joe Holonich. He can be reached at extension 23391.

(Original SIgned by

Robert M. Bernero, Director

Office of Nuclear Material Safety

and Safeguards

Enclosure: As stated

DISTRIBUTION

CNWRA NMSS R/F HLPD R/F LSS

LPDR ACNW PDR Central File

BJYoungblood, HLWM JLinehan, HLWM Chief, HLGP RBallard, HLEN

On-Site Reps

* SEE PREVIOUS CONCURRENCES

OFC :HLPD* :HLPD* :HLWM* :HL < p :NMSS* :NMSS

NA __T---rgL-_ ;9ir -- a------------I-- Joo h ---- 0/ 9'1 --- 0/ ~ 1 e--------------------- :0/89 rk•9s

:AME:- rJHolonifch x - t :J neha :JYub' l ood:GArlotto :RBernero

Date:06/06/91 :06/06/91 :0 91 :06/08/91 :0gX /91

9107230280 9 O7i520 N F IAL RE D CY

PODR WASTE PDR

WM-1 1D
JAC'S MEMO TO IG ON MOU

MEMORANDUM FOR: David C. Williams, Inspector General

Office of the Inspector General

FROM: Robert M. Bernero, Director

Office of Nuclear Material Safety and Safegu rds

SUBJECT: DRAFT MEMORANDUM OF UNDERSTANDING BETWEEN RC AND THE OFFICE

OF THE NUCLEAR WASTE NEGOTIATOR

Enclosed for your review and comment is a copy o a draft Memorandum of

Understanding (MOU) between the NRC and the Office f the Nuclear Waste

Negotiator (ONWN). This MOU is essentially a ision of the existing

agreement between the ONWN and the U.S. Dep tment of Energy. The revisions

incorporated into this MOU primarily ref ct the NRC's regulatory role and

mission in the national high-level ra oactive waste program. The draft is

being provided simultaneously to t ONWN. The NMSS staff contact for the MOU

is Mr. Joe Holonich. He can b reached at extension 23391.

Robert M. Bernero, Director

Office of Nuclear Material Safety

and Safeguards

Enclosure: As tated

DISTRIBUTION

CNWRA NMSS R/F HLPD R/F LSS

LPDR ACNW PDR Central File

BJYoun lood, HLWM JLinehan, HLWM Chief, HLGP RBallard, HLEI

On-Si Reps 1 >3

N

OFC BE :HL& :H :n iNMSS : 

NAME: i 9ado :J 4?o ch :J n lood: it :RBernero

Date:06/ /91 :06/( /91 :0//1 :0 / /91 :06/f /91 :06/ /91

0F4 CIAL RECORD OPY
DRAFT

FIRST MEMORANDUM OF UNDERSTANDING

BETWEEN THE

OFFICE OF THE U.S. NUCLEAR WASTE NEGOTIATOR

AND THE

U.S. NUCLEAR REGULATORY COMMISSION

I. INTRODUCTION

This MEMORANDUM OF UNDERSTANDING (MOU) outlines the initial procedures for

interactions between the Office of the U.S. Nuclear Waste Negotiator (ONWN) and

the U.S. Nuclear Regulatory Commission (NRC) in carrying out the Nuclear Waste

Policy Amendments Act of 1987 (title V of Public Law 100-203),1 which amended

the Nuclear Waste Policy Act of 1982 (Public Law 97-425) (the Act) and,

Inter alla, created the ONWN. The ONWN is an independent establishment in the

Executive Branch, separate from NRC 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 an 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 relationship between the

ONWN and NRC that assures a timely flow of information between the parties;

1 42 U.S.C. 10241 et seq.
-2- DRA'

provides the ONWN with use of such NRC services, facilities, and personnel as

the NRC's Chairman determines appropriate; and maintains each party's

independence.

III. AUTHORITY

This MOU 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.

V. POLICY

The working relationship of the parties under this MOU will be consistent

with the provisions of the Act related to high-level nuclear waste regulatory

matters associated with a monitored retrievable storage facility and a
- A_3- _ \ DRAFT

geologic repository including transportation and safeguards. The NRC will

respond in a timely manner to all written requests made by the ONWN to NRC for

services, personnel, facilities, or information, subject to the discretion of

the NRC's Chairman and as permitted by law.

Information made available to the ONWN under this agreement may be used at

that agency's option in carrying out its responsibilities under the Act. The

ONWN and NRC contemplate that all information requested and provided would be

information that may be released to the public.

VI. POINTS OF CONTACT

The points of contact for routine daily communication between the ONWN and

NRC will be Counsel for the ONWN located in the Washington, D.C. liaison office

and the Director of the Office of Nuclear Material Safety and Safeguards within

NRC.

VII. SUPPLEMENTAL INTERAGENCY AGREEMENTS

Unless otherwise agreed by the NRC's Chairman and the Negotiator, when

requested by the Negotiator to provide services, personnel, facilities or

information, NRC shall determine whether compliance with such requests will be

in furtherance of its purposes, responsibilities, and obligations. To the

extent NRC determines that compliance is in furtherance of such purposes,

responsibilities, and obligations, it will assume the costs of such compliance.
A ' -' _ 4- DRAFT

If it is determined that a commitment, obligation, or transfer of funds is

required, the details of the levels of support to be furnished by one

organization to the other, with respect to funding, will be developed in

specific interagency agreements.

All obligations or expenditures emanating from activities conducted under

this MOU or any subsequent interagency agreements are subject to the

availability of appropriated.funds.

VIII. AMENDMENT OR TERMINATION

This MOU may be modified, amended, or terminated by mutual written

agreement, or may be terminated unilaterally by either part upon thirty (30)

days written notice to the other party.

IX. EFFECTIVE DATE

This MOU shall be effective upon execution by the Negotiator and the NRC's

Chairman.

UNITED STATES NUCLEAR REGULATORY COMMISSION

Date: By_

Ivan Selin, Chairman

OFFICE OF THE UNITED STATES NUCLEAR

WASTE NEGOTIATOR

Date: By

David H. Leroy, Negotiator