update of the "Memorandum of Understanding Between the U.S. Nuclear Regulatory 

Commission, Office of Nuclear Material Safety and Safeguards and the U.S. Department 

of Energy, Office of Waste Management, Concerning Management of Sealed Sources," 

dated June 18, 1999 (1999 MOU). 

The National Nuclear Security Administration (NNSA), a semi-autonomous agency 

within the DOE, operates the Off-Site Source Recovery Project (OSRP) as part of the 

U.S. Global Threat Reduction Initiative (GTRI) program. This MOU provides for 

continued information exchanges, coordination, cooperation, and assistance between 

the DOE and the NRC related to GTRI/OSRP's mission of prioritizing, recovering, and 

storing certain unwanted, excess or uncontrolled radioactive sources, primarily in the 

form of sealed sources that represent an actual or potential threat to the common 

defense and national security or public health and safety with particular focus on such 

sources that could potentially be used in a radiological dispersal device (ROD) or for 

other malicious purposes. This MOU also addresses the processes by which the NRC 

requests the DOE recover radioactive sources outside normal·GTRIIOSRP program 

operations, and by which the DOE responds to such requests. 

This MOU also updates the Coordination Officers and meeting schedule, and revises the 

MOU to provide for termination only if requested by one of the parties. 

II. Background 

The 1999 MOU outlined the procedures by which the NRC requested that the DOE 

Office of Environmental Management's Off-site Source Recovery Project (OSRP) 

recover certain radioactive material licensed by the NRC, primarily in the form of sealed 

sources, as necessary to protect the public health and safety or the environment. 

Subsequent to the 1999 MOU, and after the events of September 11,2001, the DOE 

and the NRC reevaluated how, and under what circumstances, sealed radioactive 

sources would be recovered by the DOE. As a result of this reevaluation, the DOE, in 

consultation with the NRC, prioritized radioactive source recovery activities based on the 

potential for use of the radioactive material in a ROD or for other malicious purposes. 

Since 1999, the DOE has expanded its sealed radioactive source recovery program to 

focus not only on sources that pose threats to public health and safety, but also to focus 

on those that pose threats to national security. The program was transferred from the 

DOE Office of Environmental Management to the NNSA and is now part of NNSA's 

GTRI program. The GTRI program has a broader scope than the original DOE source 

recovery program and focuses its source acceptance and management efforts on sealed 

radioactive sources that pose a threat for malicious use. 

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after other reasonable alternatives have been explored. 

Finally, this MOU updates the Coordination Officers meeting schedule and termination 

clause contained in the 1999 MOU. 

IV. Scope 

This MOU applies only to unwanted, excess, or uncontrolled radioactive material, 

primarily in the form of sealed sources and devices that are licensed by the NRC or an 

Agreement State, that represent an actual or potential threat to national security or 

public health and safety. 

No activities contained in this MOU are intended to undermine the authorities or 

responsibilities of the States as defined in the Low-Level Radioactive Waste Policy 

Amendments Act, 1985 (Pub. L. 99-240), as amended. Further, situations that would be 

considered an emergency solely due to the lack of access to a compact or regional 

disposal site are outside the scope of this MOU. These situations are covered in the 

emergency access provisions of Pub. L. 99-240 and must be addressed in accordance 

with 10 CFR Part 62. 

The NRC may request assistance by the DOE to recover radioactive material under this 

MOU in situations that are outside the normal operations of the GTRI/OSRP source 

recovery program, and, as part of its request, the NRC will identify the response 

requested of the DOE. The level of response in such situations will be based on an 

assessment of the potential national security, health or safety consequences of the 

situation (e.g., amount of material involved, potential for radiation exposure or releases 

of radioactive material, and national security risks). The DOE will provide assistance 

only after appropriate actions have been taken by the involved parties to mitigate the 

immediate national security or public health and safety concerns and only after 

reasonable alternatives to address the threat have been explored by the involved parties 

(see Section VI.C.1.b(1». The involved parties can be various depending on the 

particulars of the situation; for example, often times it is a regulatory agency or local law 

enforcement, with the assistance of the entity who found the material or the licensed 

user of the material. 

The DOE will determine the appropriate response to the NRC's request for assistance to 

ensure the present or potential threat is mitigated or eliminated in such situations where 

existing controls may not be adequate to ensure long-term assurance of national 

security or public health and safety. 

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The provisions of this MOU relating to the NRC's requests for DOE recovery of material 

that are outside the normal operations of the GTRIIOSRP source recovery program do 

not apply to emergency situations requiring an immediate response, to situations for 

which immediate national security or public health and safety concerns have not been 

mitigated, or to situations for which the NRC would not be designated as the 

coordinating agency for the federal response to a radiological incident. 

The authorities and responsibilities of certain Federal agencies (including the NRC and 

the DOE) for responding to radiological emergencies are specified in the National 

Response Framework (NRF). The Nuclear/Radiological Incident Annex (NRIA) to the 

NRF describes the policies, situations, concepts of operations, and responsibilities of 

Federal departments and agencies governing the immediate response and short-term 

recovery activities for incidents involving release of radioactive materials to address the 

consequences of the event. Activities under this MOU must be consistent with the NRF 

and must not interfere with or take precedence over NRF activities. In addition, actions 

necessary to mitigate an emergency requiring an immediate response, or to mitigate an 

immediate national security or public health and safety threat (radiological or 

otherwise)-including temporary control over radioactive material-must be completed 

prior to any DOE recovery activities. 

This MOU does not apply to requests for radiological assistance from DOE Radiological 

Assistance Program teams. 

This MOU is generally limited to the recovery of radioactive sealed sources and those 

activities related to the recoveries (e.g., license amendments for involved parties, 

transportation cask approvals). This MOU is not intended to require or imply that the 

DOE will provide decontamination or clean-up activities, except as a direct result of a 

DOE recovery operation, nor will the DOE be expected to perform recovery actions for 

materials other than those specifically identified in this document. 

This MOU does not apply to reactor incidents, or to spent nuclear fuel or high level 

radioactive waste, as defined by the Nuclear Waste Policy Act of 1982 (Pub. L. 97-425), 

as amended. 

v. Authority 

A.NRC 

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implementation of regulations, guidance and policy, safety reviews for products that use 

the material (including sealed sources and devices), and other means available 

according to Chapter 1 of Title 10 of the Code of Federal Regulations. 

B. Agreement States 

Section 274 of the Atomic Energy Act of 1954, as amended, provides the NRC the 

authority to discontinue its regulatory authority over certain radioactive materials 

(including sealed sources and devises) within a State that has agreed to establish and 

maintain a regulatory program for the materials that is adequate to protect the public 

health and safety, and is compatible with the NRC's program. States that have been 

found to meet these criteria and have entered into such agreements with the NRC are 

called Agreement States. These Agreement States have independent authority to 

regulate the radioactive materials specified in the agreement within their boundaries, and 

are charged with protecting the public health and safety through the licensing, regulation, 

and enforcement of activities associated with the materials. Under Pub. L. 99-240, each 

State is responsible for providing for the disposal of class A, B or C low-level radioactive 

waste generated within the State by (a) non-Federal entities, and (b) the Federal 

Government, except waste owned or generated by the DOE, certain Department of Navy 

owned or generated waste and waste owned or generated as a result of certain atomic 

weapons activities. In addition, State and local governments have primary responsibility 

for determining and implementing appropriate measures to protect life, property, and the 

environment from radiological and other hazards. . 

C. DOEINNSA 

The DOE is responsible for contributing to the common defense and security, conducting 

research and development, and other activities, to support the use of byproduct. source, 

and special nuclear materials for medical, biological, health, and other uses as 

mandated by the Atomic Energy Act of 1954, as amended; the Energy Reorganization 

Act of 1974, as amended; the Department of Energy Organization Act, as amended; and 

other applicable statutes. 

The DOE is required to assure the public health and safety as mandated by Section 

102(13} of the Department of Energy Organization Act, as amended, and is responsible 

for conSUltation and coordination with the NRC in the development of contingency plans 

for dealing with threats, thefts, and sabotage from all licensed activities under Section 

204(b}(2}(B} of the Energy Reorganization Act of 1974, as amended. In addition, the 

DOE has the authority to acquire and to provide for the disposition of any special 

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----...-..............-....-. 
-------~.-.----.-
requests for assistance; and (3) ensure cost effective operations. Each agency will 

develop, in consultation with the other, appropriate procedures as necessary to 

implement this MOU. Each agency will designate the organization and key personnel 

responsible for the day-to-day coordination and management of activities covered by this 

MOU. 

B. Information Exchange 

Both agencies agree to exchange information with respect to relevant programs and 

lessons learned. The purpose of the exchanges is to provide expert technical 

assistance to both agencies and to assist either agency by reducing or eliminating 

duplication of effort. The sharing of information between the DOE and the NRC (and 

Agreement States, as appropriate) will be exercised to the extent authorized by law (Le., 

NRC and DOE directives, statutes, regulations and executive orders), and will be 

consistent with each agency's missions. 

Both agencies recognize the need to protect from public disclosure, data and information 

that are exchanged between them, which fall within the definition of trade secrets, 

confidential commercial or financial information, information protected from disclosure 

under the Atomic Energy Act of 1954, as amended, or other applicable statutes or 

executive orders, and information which is otherwise exempt from disclosure under the 

Freedom of Information Act, as amended. Both agencies agree to exchange such 

information in accordance with applicable directives, statutes, regulations, and executive 

orders. If one of the agencies receives a request, such as a Freedom of Information Act 

request or Congressional inquiry, or has regulatory or public information policies that call 

for a disclosure determination regarding information obtained from the other agency, the 

disclosing agency will promptly notify the other agency of the need for a disclosure 

determination. In the case of such requests, the agency that originated the information 

will render a disclosure determination and transmit the disclosure determination to the 

other agency. 

Both agencies, in collaboration with other agencies, as appropriate, will exchange 

information and agree to, and establish, a methodology for prioritizing source recovery, 

including recovery under the GTRI program, taking .into account the threat posed by the 

material, including health and safety considerations, security considerations, and other 

information, as appropriate, giving due consideration to changing priorities over time. In 

establishing the prioritization methodology, both agencies will consider the "Radiation 

Source Protection and Security Task Force Radiation Sources Subgroup Report 

Reevaluation of the List of Radioactive Sources that Warrant Enhanced Security and 

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The DOE will provide periodic updates to the NRC concerning the number and types of 

sources recovered. 

The DOE and the NRC will also offer each other the opportunity to comment on 

regulations, regulatory guides, or other communications (including press releases and 

other public releases of information) that refer to activities, policies, or regulations of the 

other agency, that are relevant to this MOU. If practicable, the documents will be 

provided for comment prior to issuance. Either agency may request additional 

information, when such is deemed necessary to complete its mission. 

C. NRC Requests for DOE Recovery of Radioactive Material Outside the Normal 

Operations of the GTRI/OSRP Program. 

1. NRC Responsibilities 

a. Upon discovery of a potential radioactive material incident concerning NRC or 

Agreement State licensed material in an uncontrolled condition that does not require 

activation of the NRC Incident Response Plan, the NRC regional and headquarters 

offices will follow the procedures contained in NRC Manual Chapter (MC) 1301, 

"Response to Radioactive Material Incidents that do not Require Activation of the NRC 

Incident Response Plan," and NRC MC 1303, "Requesting Emergency Acceptance of 

Radioactive Material by the U.S. Department of Energy (DOE)," as applicable. 

b. MC1301 and/or MC1303: 

(1) 	 Specifies those requirements necessary to evaluate whether a request for 

DOE recovery assistance is appropriate and in accordance with this MOU, 

including whether: 

a. 	 the material is an actual or potential threat to national security and/or 

public health and safety, taking into account the following considerations: 

i. 	 whether the licensee or possessor is able to adequately maintain 

control over the material and available options for achieving this; 

and 

ii. 	 whether the material is causing, or has a high potential to cause, a 

significant risk to national security or public health and safety. 

b. 	 all reasonable and appropriate available options for disposition of the 

material have been adequately addressed, including whether other viable 

options are available for recovery and management of the radioactive 

material, or are available to assist in the recovery of the material to minimize 

the cost to the government (e.g., other entities providing for the packaging 

and/or transport of the material). 

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(3) 	 To the maximum extent possible, the NRC will: 

a. 	 provide the DOE with the opportunity to review and comment on draft 

versions of revisions to these procedures; and 

b. 	 consider comments provided by the DOE for possible incorporation into 

revised procedures 

c. Upon determining that DOE assistance is appropriate, the NRC will coordinate initially 

(via telephone or electronic media) with the DOE Coordination Officer. If a formal 

request is necessary, NRC staff will formally request DOE assistance in accordance with 

MC1303. 

d. In situations involving NRC requests for DOE assistance, the NRC will assist the DOE 

in coordinating assistance and cooperation of other parties involved (e.g., Agreement 

States, NRC licensees, etc.). 

e. The NRC will direct Agreement States seeking DOE assistance under this MOU to 

make all requests through the NRC, following the guidance in MC 1303. The NRC staff 

will evaluate the Agreement State's request and determine if all applicable information 

has been provided and if requesting DOE assistance is appropriate. The NRC will not 

forward the request to the DOE until the request contains complete information and 

provides sufficient justification for requesting DOE assistance, and will work with the 

Agreement State to obtain this information. The NRC will make all requests for DOE 

assistance under this MOU on behalf of the Agreement States and will serve as the 

single point-of-contact for evaluating the requests in accordance with this MOU. 

f. In situations involving NRC requests for DOE assistance, the NRC will coordinate 

transfer of title of the recovered materials to the DOE or to other parties who are 

authorized to take possession of the material, as designated by the DOE. 

g. Subject to its authority, the NRC will ensure, and expedite where appropriate, such 

action as necessary to support safe and timely recovery of the materials and to minimize 

costs to the government incurred in recovery, transportation, and management 

operations. If NRC action is taken, the NRC will provide the DOE Coordination Officer 

for this MOU the opportunity to review drafts and provide comments to the maximum 

extent practical. 

h. The NRC will assist in coordinating the efforts of non-DOE involved parties, including 

Agreement States and licensees, in recovery operations, and participate, as appropriate, 

to ensure adequate security of the radioactive material, protection of public/worker 

health and safety, and regulatory compliance, as applicable. 

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exhausted prior to providing assistance. Upon completion of this review, the DOE will 

notify the NRC if it will take action and, if so, what action it will take. 

c. Upon acceptance of a request for assistance, the DOE will receive and may store the 

radioactive material at a DOE or other appropriate facility. If identification, packaging, 

transport, and related services are not provided by the licensee or by other involved 

parties, the DOE will provide such services or contract with appropriately licensed firms 

for these services. 

d. The DOE will coordinate, through the NRC, with the licensee and/or local authorities 

and other agencies, as appropriate, regarding the details of the recovery operations and 

provide information on progress and status. 

e. The DOE will take title of the radioactive material either at the material pickup location 

or at the deSignated receiving site, as determined by the DOE on a case-by-case basis, 

or ensure title is transferred to appropriate parties contracted for services. 

f. The DOE will plan and budget, as appropriate, for its costs to provide for reasonably 

expected requests under this agreement. 

g. The DOE will utilize its field elements, contractors, laboratories, and facilities, and 

private industry, as appropriate, in recovery operations for the safe, timely, and efficient 

conduct of these operations. The use of these facilities is limited to those sites with 

appropriate capabilities and compliance with applicable regulations and laws, as well as 

necessary funding. If such a site or necessary funds are not available, the DOE will 

consult with the NRC and other Federal and State agencies, as appropriate, to 

determine if managing the material may be accomplished by other means. 

h. If the DOE identifies a situation where the DOE believes the NRC action is necessary 

in order to accomplish a recovery, the DOE will inform the NRC as early as practicable. 

The DOE will coordinate initially (via telephone or electronic media) with the NRC 

Coordination Officer. If a formal request is necessary, the DOE will provide written 

formal notification to the NRC Responsible Office. 

VII. Responsible Offices and Coordination Officers 

The following are the offices responsible for this agreement 

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VIII. Meetings 

The DOE and NRC Coordination Officers, or their designated representatives, will meet 

at least annually to evaluate the activities related to this MOU and to determine the need 

for any recommendations to agency heads on its effectiveness. The DOE and the NRC 

will host the meeting on alternating years. 

IX Other Laws and Matters 

This MOU is neither a fiscal nor a funds obligation document. Nothing in this MOU 

authorizes, nor is intended to obligate either party to expend, exchange, or reimburse 

funds, services, or supplies, or transfer or receive anything of value, or enter into any 

contract, assistance agreement, interagency agreement, or other financial obligation. 

All activities pursuant to this MOU are subject to the availability of appropriated funds 

and each agency's budget priorities. 

This MOU is strictly for NRC and DOE internal management purposes. This MOU is not 

legally enforceable and shall not be construed to create any legal obligation on the part 

of either party. This MOU shall not be construed to provide a private right of action for or 

by any person or entity. 

All understandings herein are subject to, and will be carried out in compliance with, all 

applicable laws, regulations and other legal requirements. 

X Effective Date, Modification, and Termination of MOU 

This MOU may be further implemented by supplementary agreements in which 

authorized representatives of the DOE and the NRC may further amplify or otherwise 

modify the policy or provisions in the MOU or any of its supplements, provided that any 

material modifications of the provisions or any of its supplements shall be subject to the 

approval of the authorized signatories of this MOU or their designated representatives. 

This MOU will take effect when it has been signed and dated by the authorized 

representatives of the DOE and the NRC. It may be modified by mutual written consent, 

or terminated by either agency upon 60 days advance written notice. 

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State Agreements 

Office of Federal and State Materials and 

Environmental Management Programs 

Date Datel(

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