V. — Effect of the Determination

Members of the class of employees covered by this determination and their survivors
continue to be eligible to submit claims for compensation under EEOICPA. As
required for cancer claims covering other DOE and Atomic Weapons Employer
employees not included in the SEC, qualified cancer claims under Subpart B of
EEOICPA for members of this class will be adjudicated by the Department of Labor,
in part on the basis of radiation dose reconstructions which will be conducted by
NIOSH.

VI. Administrative Review of Determination

The determination provided in this report may be subject to an administrative review
within HHS, pursuant to 42 C.F.R. § 83.18(a). On the basis of such a review, if the
Secretary decides to designate the class of employees covered by this determination,
in part or whole, as an addition to the SEC, the Secretary would transmit a new report
to Congress providing the designation and the criteria and findings on which the
decision was based.

HHS Special Exposure Cohort Determination:
Y-12



HHS Determination Concerning a Petition to Add Members to the

Special Exposure Cohort
under the

Energy Employees Occupational Illness Compensation Program Act of 2000

Determination Concerning a Petition for Employees from

Y-12 Plant
Oak Ridge, Tennessee

HHS Special Exposure Cohort Determination:

Y-12 Plant



I Determination

I, Michael O. Leavitt, Secretary of Health and Human Services (Secretary), have
determined that the employees defined in Section II of this report do not meet the
statutory criteria for addition to the Special Exposure Cohort (SEC), as authorized
under the Energy Employees Occupational Illness Compensation Program Act of
2000 (EEOICPA), 42 U.S.C. § 7384q.

DEC 1 4 2007 y y

Date Michael O. Leavitt

II. | Employee Class Definition

Statisticians who performed statistical analysis of biological experiments
(working within the Oak Ridge National Laboratory Biological Sciences
Division) in all locations at the Y-12 Plant in Oak Ridge, Tennessee, who
were employed by the Department of Energy or its contractors between
January 1, 1958, and June 30, 1958.

Ill. Decision Criteria and Recommendations

Pursuant to 42 U.S.C. § 7384q, to designate a class for addition to the SEC, the
Secretary must determine, upon recommendation of the Advisory Board on Radiation
and Worker Health (Board), that — .

(1) it is not feasible to estimate with sufficient accuracy the radiation dose that the
class received; and

(2) there is a reasonable likelihood that such radiation dose may have endangered
the health of members of the class.

- The SEC final rule states in 42 C.F.R. § 83.13(c)(1) that it is feasible in two situations
to estimate the radiation dose that the class received with sufficient accuracy. First,
the rule states that radiation doses may be estimated with sufficient accuracy if
NIOSH has established that it has access to sufficient information to estimate the
maximum radiation dose for every type of cancer for which radiation doses are
reconstructed that could have been incurred under plausible circumstances by any
member of the class. Alternatively, radiation doses may be estimated with sufficient
accuracy if NIOSH has established that it has access to sufficient information to
estimate the radiation doses of members of the class more precisely than a maximum
dose estimate.

Ina letter received by the Secretary on October 30, 2007, the Board, pursuant to 42
U.S.C. § 7384q, agreed with the following NIOSH findings, effectively advising the
Secretary that radiation dose can be reconstructed with sufficient accuracy for certain

HHS Special Exposure Cohort Determination:
Y-12



Y-12 Plant employees in accordance with provisions of EEOICPA and the SEC final
rule.

IV. Determination Findings

Feasibility of Estimating Radiation Doses with Sufficient Accuracy

The Secretary established the feasibility determination for the class of employees
covered by this report upon the findings summarized below.

(1) The basis for the petition is an unrecorded and unmonitored discrete
radiological incident that occurred at the Biological Sciences Division at the Y-
12 Plant in Oak Ridge, Tennessee, during the first quarter of 1958. NIOSH did
not identify any evidence of a discrete radiological iricident, and medical
evidence related to the petition does not support an acute exposure.

(2) The petition provided evidence of modification of the relevant exposure records.
Upon review of the relevant historical exposure records, NIOSH concluded that
the investigation and report findings of the modification were consistent with the
processes and reporting methods.

(3) NIOSH determined that there are sufficient bioassay data, air monitoring data,
and coworker data to support NIOSH’s ability to bound (reconstruct with
sufficient accuracy) the internal dose for the proposed class.

(4) NIOSH’s evaluation focused on external monitoring data because of the
exposure scenario identified in the petition, NIOSH has external monitoring
data for members of the class and can use coworker data for unmonitored
workers who should have been monitored. Therefore, NIOSH concluded that it
is possible to bound (reconstruct with sufficient accuracy) the external dose for
the proposed class.

(5) NIOSH has established that it has access to sufficient information to either: (1)
estimate the maximum internal and/or external radiation dose for every type of
cancer for which radiation doses are reconstructed that could have been incurred
under plausible circumstances by any member of the class; or (2) estimate the
internal and/or external radiation doses to members of the class more precisely
than a maximum dose estimate.

In its letter to the Secretary, the Board concurred with these NIOSH findings.
Health Endangerment
Because the Secretary established that it is feasible to estimate with sufficient

accuracy the radiation doses encountered by certain Y-12 Plant employees as
specified in this class, a determination of health endangerment is not required.

HHS Special Exposure Cohort Determination:
Y-12