Memorandum of Understanding between the U.S. Nuclear Regulatory Commission and the Defense Nuclear Facilities Safety Board, 33140-33141 [2020-11633]

Agencies

• Defense Nuclear Facilities Safety Board

[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]
 BILLING CODE 3670-01-P