89001391

MUSSLER FM BERNERO

- 1 - JUL 1 5 1991

Mr. Robert M. Mussler, Counsel

Office of the U.S. Nuclear Waste Negotiator

1823 Jefferson Place, NW

Washington, D.C. 20036

Dear Mr. Mussler:

SUBJECT: PROPOSED MEMORANDUM OF UNDERSTANDING

In response to Mr. Leroy's letter of February 8, 1991 requesting the U.S.

Nuclear Regulatory Commission's (NRC's) consideration of entering into a

Memorandum of Understanding (MOU) with the Office of the U.S. Nuclear Waste

Negotiator (ONWN), and Chairman Carr's subsequent letter of agreement dated

March 12, 1991, I am enclosing a draft MOU for your review. This MOU is a

revision of the existing agreement between 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. Although not specifically stated in this MOU, a prospective

applicant may confer informally with the NRC prior to the filing of an

application. Therefore, we are available to assist you in any pre-licensing

discussions with a potential applicant or a potential host State or Indian

Tribe. I believe that this draft will serve as a good starting point for

discussing what the MOU should address.

As the designated staff contact for the NRC, I would appreciate receiving any

comments or proposed revisions you may want to suggest. Please contact me if

you have any questions concerning this subject. I can be reached at

(301) 492-3352.

Sincerely,

,4'^ nSigned by.

Robert M. Bernero, Director

Office of Nuclear Material Safety

and Safeguards

Enclosure: As stated

CNWRA

LPDR

BJYoungblood,

On-Site Reps

DISTRIBUTION

NMSS R/F HLPD R/F

ACNW PDR

JLinehan, HLWM RBallard, HLEN

RCarlson, HLPD JHolonich, HLPO

LSS

Central File

HLWM Chief, HLGP

*SEE PREVIOUS CONCUCRENCE

OFC :HLPD* :HLPD* :HLWM* :HLWm 4 :NMSS* :NMSS g --------- __------------------------------- - -----------------------------_

NAMf :JHolonich :JLinehan :BJY lood :GAArlotto :RMBernero

Date:06/06/91 :06/06/91 :06/07/91 :060/07 /91 :06/08/91 :07/p /91 ok

9107230278 91071I OFFICIAL RECORD COPY -- ~9107~230278 i171

PDR WASTE PPR WM-1.

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MUSSLER FM BERNERO

Mr. Robert M. Mussler, Counsel

Office of the U.S. Nuclear Waste Negotiator

1823 Jefferson Place, NW

Washington, D.C. 20036

Dear Mr. Mussler:

SUBJECT: PROPOSED MEMORANDUM OF UNDERSTANDING

In response to Mr. Leroy's letter of February 8, 1991 questing the U.S.

Nuclear Regulatory Commission's (NRC's) consideratio of entering into a

Memorandum of Understanding (MOU) with the Office the U.S. Nuclear Waste

Negotiator (ONWN), and Chairman Carr's subsequent etter of agreement dated

March 12, 1991, I am enclosing a draft MOU for ur review. This MOU is a

revision of the existing agreement between ON and the U.S. Department of

Energy. The revisions incorporated into th MOU primarily reflect the NRC's

regulatory role and mission in the nation high-level radioactive waste

program. I believe that this draft will erve as a good starting point for

discussing what the MOU should address.

As the designated staff contact for he NRC, I would appreciate receiving any

comments or proposed revisions yo ay want to suggest. Please contact me if

you have any questions concerni this subject. I can be reached at

(301) 492-3352.

Sincerely,

(Origiral Signed bi

Robert M. Bernero, Director

Office of Nuclear Material Safety

and Safeguards

Enclosure: stated

DISTRIBUTION

CNWRA NMSS R/F HLPD R/F LSS

LPDR ACNW PDR Central File

BJY ingblood, HLWM JLinehan, HLWM RBallard, HLEN Chief, HLGP

O Site Reps RCarlson, HLPD JHolonich, HLPD 4) I.. bA Aa

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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 alia, 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.

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

the NRC's Chairman determines appropriate and consistent with the scope described

in Section V, 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

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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. The scope of the NRC activity

generally will be limited to pre-licensing consultations and discussions with

the Office of the Nuclear Waste Negotiator, a potential applicant, or a

potential host State or Indian Tribe.

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

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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.

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.

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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

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