NRC regulation of DOE facilities

The US Department of Energy (DOE), its contractors, and the Nuclear Regulatory Commission (NRC) are in for major changes if the DOE follows through on its intentions announced December 20, 1996. The DOE is seeking legislation to establish the NRC as the regulatory agency with jurisdiction over nuclear health, safety, and security at a wide range of DOE facilities. At this stage, it appears that as many as 200 (though not all) DOE facilities would be affected. On March 28, 1997, the NRC officially endorsed taking over the responsibility for regulatory oversight of DOE nuclear facilities as the DOE had proposed, contingent upon adequate funding, staffing resources, and a clear delineation of NRC authority. This article first contrasts the ways in which the NRC and the DOE carry out their basic regulatory functions. Next, it describes the NRC`s current authority over DOE facilities and the status of the DOE`s initiative to expand that authority. Then, it discusses the basic changes and impacts that can be expected in the regulation of DOE facilities. The article next describes key lessons learned from the recent transition of the GDPs from DOE oversight to NRC regulation and the major regulatory issues that arose in that transition. Finally, some general strategies are suggested for resolving issues likely to arise as the NRC assumes regulatory authority over DOE facilities