[Federal Register Volume 85, Number 105 (Monday, June 1, 2020)]
[Notices]
[Pages 33140-33141]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-11633]
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DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Memorandum of Understanding between the U.S. Nuclear Regulatory
Commission and the Defense Nuclear Facilities Safety Board
AGENCY: Defense Nuclear Facilities Safety Board.
ACTION: Notice; memorandum of understanding.
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SUMMARY: On May 18, 2020, the Defense Nuclear Facilities Safety Board
(DNFSB) and U.S. Nuclear Regulatory Commission (NRC) entered into a
Memorandum of Understanding (MOU) to revise and update an earlier
agreement of June 22, 1990. The purpose of this MOU is to provide the
basis for the DNFSB to receive assistance from the NRC on matters
pertaining to the DNFSB's responsibilities, as well as administrative
support.
FOR FURTHER INFORMATION CONTACT: Tara Tadlock, Manager of Board
Operations, Defense Nuclear Facilities Safety Board, 625 Indiana Avenue
NW, Suite 700, Washington, DC 20004-2901, (800) 788-4016.
SUPPLEMENTARY INFORMATION: On June 22, 1990, DNFSB and NRC entered into
a Memorandum of Understanding (1990 Agreement) to provide a process
whereby the DNFSB can receive assistance from the NRC pursuant to the
Atomic Energy Act of 1954, as amended. On November 28, 1990, DNFSB and
NRC approved Appendix A to the 1990 Agreement to provide Employee
Assistance Program support services to the DNFSB. On May 18, 2020, the
DNFSB and the NRC entered into a new MOU to replace the 1990 Agreement
and cancel Appendix A. The new agreement is reproduced in its entirety
below.
Authority: 42 U.S.C. 2286b(f)
Dated: May 26, 2020.
Bruce Hamilton,
Chairman.
Memorandum of Understanding Between Defense Nuclear Facilities Safety
Board and U.S. Nuclear Regulatory Commission
I. Purpose
The purpose of this memorandum of understanding (MOU) is to provide
the basis for the Defense Nuclear Facilities Safety Board (DNFSB) to
obtain assistance from the U.S. Nuclear Regulatory Commission (NRC) and
the Advisory Committee on Reactor Safeguards (ACRS) on matters
pertaining to the DNFSB's responsibilities as well as administrative
support for the DNFSB's activities.
II. Authority and Background
The DNFSB was established by Chapter 21 of the Atomic Energy Act of
1954, as amended (AEA) (42 U.S.C. 2286-2286l). The DNFSB's mission is
to provide independent analysis, advice, and recommendations to the
Secretary of Energy with regard to the adequate protection of public
health and safety at defense nuclear facilities. Section 2286b of the
AEA authorizes the DNFSB to obtain the advice of the NRC staff and the
ACRS on matters pertaining to the DNFSB's responsibilities, with the
consent of and under appropriate support arrangements with the NRC. In
addition, the NRC will, consistent with the NRC's mission, provide the
DNFSB with requested administrative support. These technical and
administrative support services are provided under the authority of the
Economy Act of 1932, as amended (31 U.S.C. 1535).
III. Execution and Points of Contact
The NRC will provide technical and administrative support services
to the DNFSB as agreed upon to meet the requirements of the AEA. The
NRC and the DNFSB will each designate a liaison who will direct and
monitor all interactions between the two organizations. The NRC liaison
is the Assistant for Operations, Office of the Executive Director for
Operations. The DNFSB liaison is the Executive Director of Operations
or his/her designee. Execution of this MOU will proceed as follows:
1. The DNFSB will direct all requests for NRC or ACRS assistance to
the NRC liaison.
2. Requests for NRC support of an ongoing nature (e.g., contractual
support) will be covered by an appendix to this MOU, which must be
approved by the Commission.
3. Requests for NRC support of an ad hoc or one-time nature will be
handled as follows:
a. Requests for assistance requiring 4 staff hours or less may be
made orally to the NRC liaison. When support for a specific request
exceeds a total of 16 hours in any one month, additional requests for
support must be submitted to the NRC liaison in writing for approval.
b. Requests for assistance that are likely to require more than 4
staff hours will be submitted in writing and must be approved by the
NRC Executive Director for Operations.
4. The NRC will evaluate all requests to determine the amount of
time needed to fulfill each request and advise the DNFSB of the
required staff hours. The NRC shall attempt to fulfill each request
within the DNFSB's requested timeframe. To keep the Commission
informed, the NRC staff shall notify the Commission of requests from
the DNFSB.
5. The NRC liaison will forward requests for ACRS assistance to the
Advisory Committee Management Officer (ACMO). The ACMO will inform the
DNFSB liaison if and when the ACRS may provide advice or
recommendations.
IV. Release of Information
The parties agree that information developed during the course of
any service performed under this MOU should not be released except in
accordance with the Freedom of Information Act (FOIA) (5 U.S.C. 552),
[[Page 33141]]
the Federal Advisory Committee Act (5 U.S.C. App. 2 10), the NRC and
the DNFSB's respective FOIA regulations, and all other applicable laws.
Decisions on disclosure of DNFSB information to the public under FOIA
regarding services provided under this MOU shall be made by the DNFSB
following consultation with the NRC.
Nothing in this MOU shall prevent or impair the parties'
obligations to provide records and information to Congress or any
cognizant congressional committee or subcommittee, the U.S. Government
Accountability Office, or other Federal agencies, including the U.S.
Department of Justice.
V. Amendments and Appendices
The NRC and the DNFSB, by mutual agreement, may amend this MOU or
enter into any supplementary agreement as they deem appropriate.
VI. Duration
The provisions of this MOU shall be effective on the date of the
last signature. This MOU may be terminated by either party by providing
90 days advance written notice to the other party.
VII. Miscellaneous
This MOU is not legally binding 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 or cause of action for or
by any person or entity.
This MOU sets forth the entire understanding of the parties and
supersedes any and all prior agreements or understandings relating to
the subject matter hereof. No representation, promise, inducement, or
statement of intention has been made by either party that is not
embodied in this MOU, and neither party shall be bound by or liable for
any alleged representation, promise, inducement, or statement of intent
not embodied in this MOU.
The section headings of this MOU are for convenience purposes only
and shall not be given any substantive effect or otherwise affect the
construction hereof.
Any issues arising from the interpretation or implementation of
this MOU will be settled through consultations between the parties or
such other means as they may mutually decide.
VIII. Agreement
Dated: May 18, 2020
Bruce Hamilton
Chairman, Defense Nuclear Facilities Safety Board.
Dated: May 14, 2020
Margaret M. Doane,
Executive Director for Operations, U.S. Nuclear Regulatory
Commission.
[FR Doc. 2020-11633 Filed 5-29-20; 8:45 am]
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