Uranium Enrichment/Fuel Fabrication - Regulatory Issues (USA) 
(last updated 3 Oct 2024)
The Nuclear Regulatory Commission has approved simplified procedures for mandatory hearings on licensing decisions for commercial nuclear power plants and uranium enrichment facilities "to make the hearings more transparent and efficient". The staff's proposals 
, the Commission's decision , and Commission Voting Records are available on the NRC website under SECY-24-0032.
U.S. Congress passes act to increase domestic supplies of low-enriched uranium:
The National Defense Authorization Act (NDAA) for Fiscal Year 2024 (H.R.2670 ) passed by Congress on Dec. 14, 2023, contains Sec. 3131. U.S. nuclear fuel security initiative (Nuclear Fuel Security Act of 2023). This section calls on the Department of Energy (DOE) to support increased domestic production of low-enriched uranium, and to accelerate efforts to establish a domestic high-assay, low-enriched uranium enrichment capability.
The NDAA, furthermore, contains Sec. 3133. Plan for domestic enrichment capability to satisfy Department of Defense uranium requirements, which calls on the DOE to submit a plan to establish a domestic enrichment capability sufficient to meet defense requirements for enriched uranium.
The act was signed by the President and became Public Law No: 118-31 on Dec. 22, 2023.
Bill to increase domestic supplies of low-enriched uranium passes U.S. House committee:
On Dec. 5, 2023, the House Energy and Commerce Committee approved a bill "To require the Secretary of Energy to establish a Nuclear Fuel Security Program, expand the American Assured Fuel Supply Program, and for other purposes"
Bill introduced in U.S. House to increase domestic supplies of low-enriched uranium:
> Access: H.R.5718 - Nuclear Fuel Security Act "To require the Secretary of Energy to establish a Nuclear Fuel Security Program, expand the American Assured Fuel Supply Program, and for other purposes" (Sep. 26, 2023)
NRC invites public comment on regulatory basis document for 'Increased Enrichment of Conventional and Accident Tolerant Fuel Designs for Light-Water Reactors':
The U.S. Nuclear Regulatory Commission (NRC) is requesting
comments on a regulatory basis to support a rulemaking to amend the
NRC's regulations related to the use of conventional and accident
tolerant light-water reactor fuel designs.
Submit comments by January 22, 2024 (due date extended).
> Federal Register Volume 88, Number 173 (Friday, September 8, 2023) p. 61986-61988 (download full text )
> Federal Register Volume 88, Number 213 (Monday, November 6, 2023)]
p. 76143-76144 (download full text )
> Access NRC Docket ID: NRC-2020-0034
> Download: Increased Enrichment of Conventional and Accident Tolerant Fuel Designs for Light-Water Reactors , Regulatory Basis Document for Public Comment, September 2023 (1.9MB PDF)
The U.S. Nuclear Regulatory Commission (NRC) is issuing for public comment draft NUREG-2266, "Environmental Evaluation of Accident Tolerant Fuels with Increased Enrichment and Higher Burnup Levels." This study evaluates the reasonably foreseeable impacts of near-term accident tolerant fuel (ATF) technologies with increased enrichment and higher burnup levels to 8 wt% uranium-235 (U-235) and up to 80 GWd/MTU, respectively, on the uranium fuel cycle, transportation of fuel and waste, and decommissioning for light-water reactors (LWRs) (i.e., a bounding analysis).
Submit comments by October 31, 2023.
> Federal Register Volume 88, Number 169 (Friday, September 1, 2023) p. 60507-60510 (download full text )
> Access: Docket ID NRC-2023-0113
> Download: Environmental Evaluation of Accident Tolerant Fuels with Increased Enrichment and Higher Burnup Levels, Draft Report for Comment , NUREG-2266, Aug. 2023 (2.4MB PDF)
> Federal Register Volume 89, Number 151 (Tuesday, August 6, 2024) p. 63988-63989 (download full text )
> Download: Environmental Evaluation of Accident Tolerant Fuels with Increased Enrichment and Higher Burnup Levels, Final Report , NUREG-2266, July 2024 (2.3MB PDF)
> View here
Bill to prohibit importation of enriched Russian uranium to the U.S. signed into law:
President Joe Biden signed into law a ban on Russian enriched uranium on Monday (May 13), the White House said, in the latest effort by Washington to disrupt President Vladimir Putin's invasion of Ukraine.
The ban on imports of the fuel for nuclear power plants begins in about 90 days, although it allows the Department of Energy to issue waivers in case of supply concerns.
The law also unlocks about $2.7 billion in funding in previous legislation to build out the U.S. uranium fuel industry.
(Reuters May 14, 2024)
> See also: Effect of Statutory Prohibition on Uranium Imports From the Russian Federation, Federal Register Volume 89, Number 102 (Friday, May 24, 2024) p. 45926-45927 (download full text )
> See also: Uranium Import Ban, Backgrounder , NRC Office of Public Affairs, Sep. 2024
Bill to prohibit importation of enriched Russian uranium passes U.S. Senate:
The U.S. Senate approved on Tuesday (Apr. 30) legislation to bar imports of Russian uranium, as the United States continues to seek to disrupt Russia's efforts in its war against Ukraine.
The Senate passed the measure by unanimous consent, meaning that no senators objected to it. The House of Representatives passed the bill in December.
The legislation would ban the imports 90 days after enactment. It contains waivers in case there were supply concerns for domestic reactors. The bill also frees up $2.7 billion passed in previous legislation to build out the domestic uranium processing industry.
Biden is expected to sign the uranium imports bill into law.
(Reuters Apr. 30, 2024)
Bill to prohibit importation of enriched Russian uranium passes U.S. House:
The U.S. House of Representatives on Monday (Dec. 11) passed a ban on imports of Russian uranium as lawmakers seek to add pressure on Moscow for its war on Ukraine, though the measure has waivers in case of supply concerns for domestic reactors.
The bill must pass the Senate and be signed by President Joe Biden before becoming law. (Reuters Dec. 11, 2023)
Bill to prohibit importation of enriched Russian uranium passes U.S. House committee:
On May 24, 2023, the House Energy and Commerce Committee approved a bill banning Russian uranium imports.
Bill to prohibit importation of enriched Russian uranium passes U.S. House subcommittee:
A bill banning Russian uranium imports to the United States gained momentum on Tuesday (May 16, 2023) by passing a committee in the U.S. House of Representatives.
The bill, sponsored by Representative Cathy McMorris Rodgers, a Republican, passed 18-12 in the House subcommittee on energy, climate and grid security.
Bill introduced in U.S. House to prohibit importation of enriched Russian uranium:
> Access: H.R.1042 - To prohibit the importation into the United States of unirradiated low-enriched uranium that is produced in the Russian Federation, and for other purposes (Feb. 14, 2023)
On Mar. 9, 2023, a companion bill was introduced in the U.S. Senate.
> Access: S.763 - A bill to prohibit the importation into the United States of unirradiated low-enriched uranium that is produced in the Russian Federation or by a Russian entity, and for other purposes.
> View here
> View here
(HALEU = Low-enriched uranium with an assay of the fissile uranium isotope U-235 greater than 5 and less than 20 weight-%)
DOE issues Notice of Intent to Prepare an Environmental Impact Statement (EIS) for High-Assay Low-Enriched Uranium (HALEU) Availability Program Activities:
[...] the Department of Energy (DOE) proposes to take actions to establish a temporary domestic demand for HALEU to stimulate a diverse, domestic commercial HALEU supply that could ultimately lead to a competitive HALEU market and a more certain domestic HALEU demand. To this end, DOE intends to prepare an environmental impact statement (EIS) in accordance with the National Environmental Policy Act (NEPA) and its implementing regulations that will analyze the impacts of DOE's Proposed Action to facilitate the domestic commercialization of HALEU production and to acquire HALEU for ultimate commercial use or demonstration projects.
Submit comments by July 20, 2023.
> Federal Register Volume 88, Number 107 (Monday, June 5, 2023) p. 36573-36576 (download full text )
> Access related information (DOE)
NRC initiates rulemaking on use of High Assay Low-Enriched Uranium (HALEU) fuel:
> Download: Rulemaking Plan on Use of Increased Enrichment of Conventional and Accident Tolerant Fuel Designs for Lightwater Reactors , SECY-21-0109, Dec. 20, 2021 (PDF)
> Download: Staff Requirements Memorandum , SRM-SECY-21-0109, Mar. 16, 2022 (PDF)
Current regulations not appropriate for security of High Assay Low-Enriched Uranium (HALEU) production and use, DOE finds:
In a presentation submitted to the Advanced Reactors Safeguards and Security Conference (Apr. 13-15, 2021), U.S. DOE's Nonproliferation and National Security Department raised the concern that the physical protection requirements prescribed by current NRC regulations are not appropriate for the security of advanced reactors and their associated fuel fabrication facilities.
> Download: Domestic Safeguards and Security Challenges for HALEU , by M. Gemmill, Nonproliferation and National Security Department, Brookhaven National Laboratory, U.S. Department of Energy, April 2021
> See also: Approval of DN30-X package design for transport of high assay low-enriched uranium hexafluoride
> See also: High Assay Low-Enriched Uranium (HALEU)
> View here
The U.S. Nuclear Regulatory Commission (NRC) is amending its export and import regulations [10 CFR Part 110] to maintain the regulatory status quo for nuclear exports to the United Kingdom (U.K.), upon the entry into force of a new civil nuclear cooperation agreement between the United States (U.S.) and the U.K. (the U.S.-U.K. 123 Agreement). The amendment will add the U.K. to the list of countries eligible to receive certain small quantities of special nuclear material under a general license, and to the list of countries whose export license applications do not require Executive Branch or Commission level reviews for certain exports of source material or low-enriched uranium.
> Federal Register Volume 85, Number 251 (Thursday, December 31, 2020) p. 86793-86795 (download full text )
> Access: Docket ID NRC-2018-0294
> View: 10 CFR Part 110 -- Export and Import of Nuclear Equipment and Material
NRC issues draft revision of Decommissioning Guidance Vol.2 for comment
> View here
(HALEU = Low-enriched uranium with an assay of the fissile uranium isotope U-235 greater than 5 and less than 20 weight-%)
(LEU+ = Low-enriched uranium with an assay of the fissile uranium isotope U-235 greater than 5 and less than 10 weight-%)
Orano seeks NRC approval of DN30-X package design for transport of high assay low-enriched uranium (HALEU) hexafluoride:
On June 29, 2021, Daher Nuclear Technologies GmbH (Hanau, Germany) applied for the approval of the DN30-X package.
The package consists of the DN30 protective structural packaging (PSP) and the 30B-X cylinder. The "X" in DN30-X and 30B-X is either replaced by "10" or by "20" to refer to a specific design for a maximal enrichment of 10 or 20 weight-% U 235 in uranium, respectively. The 30B-X cylinder is a 30B cylinder 
containing additional control rods for criticality control.
> Download: Proprietary application for the DN30-X package , June 29, 2021 (123kB PDF)
> Download: Safety Analysis Report for the DN30-X Package, Rev. 1 , Oct. 7, 2021 (25.5MB PDF)
> Download: Safety Analysis Report for the DN30-X Package, Rev. 2 , Sep. 9, 2022 (3.1MB PDF)
> Download: Safety Analysis Report for the DN30-X Package, Rev. 2, Appendix 1.7.3, Rev. 0 , Sep. 6, 2022 (349kB PDF)
> Download: Safety Analysis Report for the DN30-X Package, Rev. 3, , Nov. 23, 2022 (4.5MB PDF)
New package design sought for transport of high assay low-enriched uranium hexafluoride:
Recent industry developments such as initiatives for Accident Tolerant Fuel, DOE-NNSA tritium production project, fuel for small modular reactors, as well as high assay low-enriched uranium projects, drive up the need for transportation of UF6 enriched above 5%, i.e., between 10% and 20%, thus the need for a new UF6 package design. DNT [Daher Nuclear Technologies GmbH] presented two licensing options they were considering.
One possible licensing approach would be to request an exemption from 10 CFR 71.55 (g)(4) regarding the enrichment limitation to not more than 5% U235. [...]
DNT then discussed the second licensing approach, i.e., the design of a new cylinder derived from the ANSI N14.1 30B cylinder but with added criticality control rods. [...]
(Summary of June 10, 2020 meeting with Daher Nuclear Technologies, U.S. NRC, June 15, 2020)
> See also: Regulations for production and use of High Assay Low-Enriched Uranium (HALEU)
> See also: High Assay Low-Enriched Uranium (HALEU)
> See also: Urenco USA intends to seek exemption for use of DN30 transport package for UF6 enriched up to 10 wt% U-235 (LEU+)
In a report that reads like an only slightly moderated compilation of the President's infamous Twitter rants, the Nuclear Fuel Working Group (NFWG), established by President Trump on July 12, 2019, makes the following proposals (among others):
- Support Department of Commerce efforts to extend the Russian Suspension Agreement to protect against future uranium dumping in the U.S. market
- Enable NRC to deny imports of nuclear fuel fabricated in Russia or China for national security purposes
In addition, the Working Group makes the following remarkably candid statement: "The Working Group strategy has considered policy options to create new commercial demand while recognizing that the U.S. national security interest is truly integrated with the health of the entire front-end of the nuclear fuel cycle -- the United States needs a strong civil nuclear industry to enable national defense." [emphasis added]
> View: DOE release Apr. 23, 2020
> View: NFWG Fact Sheet (DOE Apr. 23, 2020)
> Download: Restoring America's Competitive Nuclear Energy Advantage (NFWG recommendations, DOE Apr. 23, 2020)
> See also: President's Nuclear Fuel Working Group suggests strategy to make U.S. uranium mining industry great again
On May 8, 2020, NRC approved BWXT's request for regulatory relief from specific physical security commitments and regulations at its Lynchburg nuclear fuel plant.
NGO letter to NRC: Request for Suspension of All NRC Rulemakings and Other Activities Involving Public Comment or Participation Until 6 Months After End of COVID-19 Crisis , Apr. 8, 2020 (PDF)
U.S. NRC letter to Nuclear Energy Institute: U.S. Nuclear Regulatory Commission guidance on Covid-19 related requests for regulatory relief for fuel cycle facilities , Apr. 24, 2020 (PDF)
On Apr. 22, 2020, NRC notified Framatome that it will conduct inspections [apparently at its Richland nuclear fuel facility] remotely during the week of June 1, 2020, due to the COVID-19 pandemic.
U.S. NRC Temporary Staff Guidance: Fuel Facility Requests for Regulatory Relief Related to COVID-19 , U.S. NRC Apr. 21, 2020 (PDF)
On Apr. 15, 2020, NRC will hold a "Meeting with Nuclear Industry to Discuss Potential 10 CFR Part 20 Licensing Needs Due To The COVID-19 Public Health Emergency".
> Download: Teleconference announcement , Apr. 13, 2020 (PDF)
On Apr. 9, 2020, NRC approved BWXT's request to suspend Tactical Response Team and guard exercises at its Lynchburg facility through August 31, 2020, referring to Coronavirus Disease 2019. (ML20093B912 )
On Apr. 8, 2020, NRC notified Urenco USA that it will conduct inspections at its Lea County enrichment plant remotely (!) during the week of May 18, 2020, due to the COVID-19 outbreak. (ML20099D172 )
U.S. NRC letter to all licensees: U.S. Nuclear Regulatory Commission methods for providing regulatory relief during the Coronavirus Disease 2019 public health emergency , Apr. 7, 2020 (PDF)
> View here
U.S. Nuclear fuel facilities seeking exemption from reporting requirements for contamination events
On December 10, 2019, the U.S. Nuclear Regulatory Commission staff held a Category 1 public meeting with Global Nuclear Fuel-Americas, BWX Technologies, and Nuclear Fuel Services to discuss applications to exempt the licensees from a reporting requirement for unplanned contamination events.
The applications request that the licensee be exempted from reporting any unplanned contamination events inside an established contamination controlled area.
> Download: Summary of December 10, 2019, Public Meeting
> Download applications submitted by: Global Nuclear Fuel-Americas · BWX Technologies · Nuclear Fuel Services
NRC's unique Agencywide Documents Access and Management System (ADAMS) online for 20 years
> View here
DOE releases final rule amending regulations concerning nuclear safety management:
The final rule is effective Nov. 18, 2020.
> Federal Register Volume 85, Number 202 (Monday, October 19, 2020) p. 66201-66214 (download full text )
DOE invites comment on amendment of regulations concerning nuclear safety management:
The Department of Energy (DOE) publishes a proposed rule to amend regulations 10 CFR Part 830 concerning nuclear safety management. These regulations govern the conduct of DOE contractors, DOE personnel, and other persons conducting activities (including
providing items and services) that affect, or may affect, the safety of DOE nuclear facilities.
Public comment on this proposed rule will be accepted until October 9, 2018.
> Federal Register Volume 83, Number 153 (Wednesday, August 8, 2018) p. 38982-38997 (download full text )
> View here
The U.S. Nuclear Regulatory Commission (NRC) is issuing this information notice (IN) to inform addressees of recent operating experience involving unanticipated, long-term accumulation of fissile material in uncontrolled geometry systems due to improper analysis of credible plant conditions.
> Download: NRC Information Notice 2018-05: Long-Term Fissile Material Accumulation due to unanalyzed or improperly analyzed conditions at Fuel Cycle Facilities , March 26, 2018 (127kB PDF)
> See also: Loss of parameter control to prevent criticality at BWXT Lynchburg nuclear fuel plant
> See also: NRC issues Information Notice requesting nuclear fuel facility operators to consider potential for uranium accumulation in off-gas ventilation and scrubber systems
This revision of the guide (Revision 3) endorses the most recent revision of the American National Standards Institute/American Nuclear Society Subcommittee-8 standards (ANSI/ANS-8) listed in Regulatory Position C.1 to this guide. In addition, the scope of this revision is expanded beyond 10 CFR Part 70 fuel facilities to include transportation and storage facilities under 10 CFR Part 71 and 10 CFR Part 72, because many of the standards are based on broad principles that are not limited solely to fuel processing facilities.
> Submit comments by October 23, 2017.
> Federal Register Volume 82, Number 163 (Thursday, August 24, 2017) p. 40173-40174 (download full text )
> Download: Draft Regulatory Guide DG-3053 · Regulatory Analysis
> Access Docket ID NRC-2017-0183
> Download: Regulatory Guide 3.71 Rev. 3 'Nuclear criticality safety standards for nuclear materials outside reactor cores' , Oct. 2018 (224kB PDF)
The U.S. Nuclear Regulatory Commission (NRC) is issuing for public comment draft regulatory guide (DG), DG-5056, "Physical Inventories and Material Balances at Fuel Cycle Facilities." This new regulatory guide (RG) would provide implementing guidance for material control and accounting (MC&A) requirements in NRC regulations related to the performance, evaluation, and reporting of physical inventories of special nuclear material, and material balances at fuel cycle facilities.
Submit comments by April 25, 2017.
> Federal Register Volume 82, Number 36 (Friday, February 24, 2017) p. 11661-11662 (download full text )
> Download draft Regulatory Guide DG-5056 , Feb. 2017 (248kB PDF)
> Access Docket ID NRC-2017-0057
NRC issued the final Regulatory Guide as RG 5.88 on Sep. 19, 2017.
> Federal Register Volume 82, Number 186 (Wednesday, September 27, 2017) p. 45074-45075 (download full text )
> Download Regulatory Guide 5.88
The U.S. Nuclear Regulatory Commission (NRC) is issuing this information notice (IN) to inform addressees about the potential for uranium accumulation in off-gas ventilation and scrubber systems and some potential causal factors that could contribute to this type of event. Over time, uranium can build up in areas that are difficult to inspect and clean. As a result, a criticality safety evaluation (CSE) mass limit could be exceeded and challenge controls designed to meet the performance requirements of 10 CFR 70.61(b) and 10 CFR 70.61(d) and the double contingency principle.
> Download: NRC Information Notice 2016-13: Uranium accumulation in fuel cycle facility ventilation and scrubber systems , Sep. 28, 2016 (112k PDF)
> See also news about accumulation of uranium in air scrubber of Westinghouse Columbia nuclear fuel plant
The U.S. Nuclear Regulatory Commission (NRC) is issuing for public comment Draft Regulatory Guide (DG) DG-5051, "Shipping, Receiving, and Internal Transfer of Special Nuclear Material." This DG would consolidate in one document NRC guidance concerning the material control and accounting requirements pertaining to shipments, receipts, and internal transfers of special nuclear material [which includes in particular enriched uranium].
Submit comments by October 21, 2016.
> Federal Register Volume 81, Number 183 (Wednesday, September 21, 2016) p. 64955-64956 (download full text )
> Download: Draft Regulatory Guide (DG) DG-5051 (241kB PDF) · Regulatory Analysis (62kB PDF)
> Access: Docket ID NRC-2016-0189
> Federal Register Volume 82, Number 103 (Wednesday, May 31, 2017) p. 24997-24998 (download full text )
> Download: Regulatory Guide (RG) RG 5.41
> Download Draft Regulatory Guide DG-5062, Cyber Security Programs for Nuclear Fuel Cycle Facilities, Aug. 2016
> Download Draft Regulatory Guide DG-5062, Cyber Security Programs for Nuclear Fuel Cycle Facilities, Oct. 2016
> Download Draft Regulatory Guide DG-5062, Cyber Security Programs for Nuclear Fuel Cycle Facilities, Jan. 2017
> Download Draft Regulatory Guide DG-5062, Cyber Security Programs for Nuclear Fuel Cycle Facilities, May 2017
> See also: NRC rulemaking on cyber security for fuel cycle facilities
> Federal Register Notice [TBA]
> Download: Draft Regulatory Guide DG-3046: Standard Format and Content for License Applications for Uranium Hexafluoride Source Material Facilities (Proposed Revision 1 of Regulatory Guide 3.55, dated April 1985), March 2016 (PDF)
The U.S. Nuclear Regulatory Commission (NRC) is issuing for public comment draft regulatory guide (DG), DG-5049, "Independent Assessment of Nuclear Material Control and Accounting Systems." This DG provides guidance from experience gained since the regulatory guide was initially published in June 1975. In particular, the guidance for performing independent assessments has been expanded to include process monitoring and item monitoring for Category I fuel cycle facilities, and to include guidance for uranium enrichment facilities.
Submit comments by November 16, 2015.
> Federal Register Volume 80, Number 180 (Thursday, September 17, 2015) p. 55880-55881 (download full text )
> Download: Draft Regulatory Guide DG-5049, Independent Assessment of Nuclear Material Control and Accounting Systems , (Proposed Revision 1 of Regulatory Guide 5.51, dated June 1975), September 2015 (PDF)
> Download: Regulatory Analysis (PDF)
> Access Docket ID NRC-2015-0214
The final version was released on October 26, 2016:
> Download: Regulatory Guide 5.51, Rev. 1, Independent Assessment of Nuclear Material Control and Accounting Systems , October 2016 (PDF)
> Download: Regulatory Analysis (PDF)
On Sep. 2, 2015, NRC issued Information Notice IN 2015-08 "Criticality and chemical safety events involving unanalyzed conditions and unanticipated unavailability of IROFS at fuel cycle facilities" (IROFS = items relied on for safety).
The notice describes four criticality and chemical safety events that recently occured at fuel cycle facilities. NRC expects recipients to review the information for applicability to their facilities and to consider actions, as appropriate.
> Download: IN 2015-08, Sep. 2, 2015 (73k PDF)
"Because of the systematic and methodical evaluation of fuel facilities and GTCM (greater than critical mass) licensees in light of the lessons learned from Fukushima, NRC staff concludes that the current regulatory approach and requirements for fuel cycle licensees offers reasonable assurance of adequate protection of public health and safety. For these facilities, compliance with the current regulatory framework ensures that the consequences of any potential natural phenomena event to offsite receptors and workers are within the dose limits stipulated by the regulatory requirements. [...]"
(Staff evaluation of applicability of lessons learned from the Fukushima Dai-ichi accident to facilities other than operating power reactors, SECY-15-0081 , June 9, 2015, 542k PDF)
> See also: NRC issues draft Regulatory Guide on cyber security programs for nuclear fuel cycle facilities
NRC invites comment on Proposed Rule on cyber security at fuel cycle facilities
Submit comments by [TBA].
> Federal Register [TBA]
> Download Proposed rule and guidance
> Download Draft Regulatory Analysis for Proposed Rule
> Download Draft Environmental Assessment and Finding of No Significant Impact for the Proposed Rule
> Download Draft Backfit Analysis and Documented Evaluation for Proposed Rule
> Access Docket ID NRC-2015-0179
NRC issues draft Proposed Rule on cyber security for fuel cycle facilities
> Download draft Proposed Rule text, Aug. 11, 2016 (138k PDF)
NRC issues draft Proposed Rule on cyber security for fuel cycle facilities
> Download draft Proposed Rule , May 10, 2016 (89k PDF)
NRC invites comment on draft regulatory basis for rulemaking on cyber security for fuel cycle facilities
The U.S. Nuclear Regulatory Commission (NRC) is requesting
comments on a draft regulatory basis to support a rulemaking that would
amend its regulations by adopting new cyber security requirements for
certain nuclear fuel cycle facility licensees in order to address
safety and security consequences of concern.
Submit comments by October 5, 2015.
> Federal Register Volume 80, Number 172 (Friday, September 4, 2015) p. 53478-53480 (download full text )
> Download: Draft Regulatory Basis Document: Rulemaking for Cyber Security at Fuel Cycle Facilities (267k PDF)
> Access: Docket ID NRC-2015-0179
"The Commission has disapproved the staff's recommendation (Option 1) to issue a security order to fuel cycle facilities followed by rulemaking, and approved (Option 2) initiation of a cyber security rulemaking for fuel cycle facilities. The rulemaking should be designated as a high priority and the final rule should be completed and implemented in an expeditious manner."
(Staff Requirements - SECY-14-0147 - Cyber Security For Fuel Cycle Facilities, March 24, 2015 )
NRC Commission disapproves issuance of final interim staff guidance on Acute Chemical Exposures at fuel cycle facilities:
"Because licensees and applicants have sufficient process safety information, such as toxicity data, to assess the consequences of acute dermal and ocular chemical exposures, the Commission finds it unnecessary to require licensees and applicants to propose an additional quantitative exposure standard specific to dermal and ocular exposures."
> Download: Staff Requirements Memorandum SRM-SECY-17-0006 , Oct. 29, 2018 (PDF)
> Download: Voting Record VR-SECY-17-0006 , Oct. 29, 2018 (PDF)
NRC Commission stays issuing final interim staff guidance on Acute Chemical Exposures at fuel cycle facilities:
On Feb 7, 2017, the Commission has stayed the staff action described in SECY-17-0006, i.e., issuing a final version of the interim staff guidance document, "Guidance for the Evaluation of Acute Chemical Exposures and Proposed Quantitative Standards," until voting on SECY-17-0006 is complete.
NRC issues final interim staff guidance on Acute Chemical Exposures at fuel cycle facilities:
> Download final ISG and enclosures, SECY-17-0006, Jan. 11, 2017
NRC invites comment on draft interim staff guidance on Acute Chemical Exposures at fuel cycle facilities:
> Download Draft ISG: Guidance for the Evaluation of Acute Chemical Exposures and Proposed Quantitative Standards
Submit comments by July 1, 2015. (Comment period extended)
> Federal Register Volume 80, Number 74 (Friday, April 17, 2015) p. 21274-21277 (download full text )
> Federal Register Volume 80, Number 42 (Wednesday, March 4, 2015) p. 11692-11693 (download full text )
> Access Docket ID NRC-2015-0044
> Download ISG: Interim Staff Guidance for the Evaluation of Acute Chemical Exposures and Proposed Quantitative Standards , March 2016
> View here
The staff is issuing this interim staff guidance (ISG) to provide additional guidance for evaluating accident sequences that may result from natural phenomena hazards (NPH) as required under Title 10 of the Code of Federal Regulations (10 CFR) Part 70, "Domestic Licensing of Special Nuclear Material," Subpart H, "Additional Requirements for Certain Licensees Authorized To Possess a Critical Mass of Special Nuclear Material." This guidance provides criteria and methods that the staff can use to review the treatment of NPH at fuel cycle facilities as evaluated in the facility integrated safety analysis (ISA).
> Download: Interim staff guidance (ISG) on Natural Phenomena Hazards in Fuel Cycle Facilities , Feb. 17, 2015 (83k PDF)
> View here
"[...] New Section 2.2.7, 'Construction of Processing and Fuel Fabrication, Conversion of Uranium Hexafluoride, or Uranium Enrichment Facilities,' will be created to discuss construction at fuel processing and fabrication facilities."
Submit comments by November 24, 2014.
> Federal Register Volume 79, Number 196 (Thursday, October 9, 2014) p. 61107-61114 (download full text )
> Download Current Enforcement Policy , Aug. 16, 2013 (386k PDF)
> Access Docket ID NRC-2014-0221
The U.S. Nuclear Regulatory Commission (NRC) is seeking public
comment on a draft generic letter to request information from licensees
to address the treatment of natural phenomena hazards in fuel cycle
facilities. The NRC has determined that facility-specific information
is necessary to confirm that fuel cycle facilities are in compliance
with appropriate regulatory requirements. The NRC will use information
submitted by licensees in response to the generic letter if additional
regulatory action is warranted.
Submit comments by November 6, 2014.
> Download draft Generic Letter "Treatment of Natural Phenomena Hazards in Fuel Cycle Facilities"
> Download draft Generic Letter, Treatment of Natural Phenomena Hazards in Fuel Cycle Facilities , Mar. 4, 2015 (147k PDF)
> Access Docket ID NRC-2014-0187
> Download NRC Generic Letter 2015-01: Treatment of Natural Phenomena Hazards in Fuel Cycle Facilities , April 14, 2015 (119k PDF)
On June 18, 2015, the NRC approved the issuance of Generic Letter 2015-01 with changes.
> Download Changes to Generic Letter 2015-01, Treatment of Natural Phenomena Hazards in Fuel Cycle Facilities , June 18, 2015 (141k PDF)
> Download final NRC Generic Letter 2015-01, Treatment of Natural Phenomena Hazards in Fuel Cycle Facilities , June 22, 2015 (112k PDF)
The U.S. Nuclear Regulatory Commission (NRC) is requesting
comments on a draft regulatory basis to support the potential
amendments to revise a number of existing security-related regulations
relating to physical protection of special nuclear material (SNM) at
NRC-licensed facilities and in transit, as well as the fitness for duty
programs for security officers at certain fuel cycle facilities.
Potentially affected licensees include fuel cycle facilities, non-power
reactors, research and development facilities, industrial facilities,
and certain medical isotope production facilities.
Submit comments by October 17, 2014 (comment period extended).
> Federal Register Volume 79, Number 117 (Wednesday, June 18, 2014) p. 34641-34642 (download full text )
> Federal Register Volume 79, Number 140 (Tuesday, July 22, 2014) p. 42474-42475 (download full text )
> Access Docket ID NRC-2014-0118
Submit comments by September 3, 2014.
> Federal Register Volume 79, Number 108 (Thursday, June 5, 2014) p. 32579-32580 (download full text )
> Download: Standard Review Plan for License Applications for Fuel Cycle Facilities, Draft Report for Comment, NUREG-1520, Rev. 2 , May 2014
> Access Docket ID NRC-2012-0220
The final report was released on June 25, 2015.
> Download: Standard Review Plan for License Applications for Fuel Cycle Facilities, Final Report, NUREG-1520, Rev. 2 , June 2015
> See also here
Submit comments by March 14, 2014.
> Federal Register Volume 79, Number 29 (Wednesday, February 12, 2014) p. 8511-8512 (download full text )
> Download Draft Regulatory Guide DG-3044 (Pre-Decisional) , Feb. 7, 2014 (315k PDF - ADAMS Acc. No. ML13219B204)
> Download Draft Regulatory Guide DG-3044 , Mar. 27, 2014 (243k PDF - ADAMS Acc. No. ML14063A353)
> Access Docket ID NRC-2014- 0021
EPA to update radiation protection standards for nuclear power operations and uranium fuel cycle facilities (40 CFR 190)
> View here
> Federal Register Volume 78, Number 217 (Friday, November 8, 2013) p. 67223-67225 (download full text )
Submit comments by February 18, 2014.
> Access Docket ID NRC-2013-0195
The Nuclear Regulatory Commission has denied a petition for rulemaking submitted by the American Physical Society that would have required applicants for uranium enrichment or spent fuel reprocessing licenses to assess potential proliferation risks posed by their facilities.
> Download NRC release May 31, 2013 (PDF)
> Federal Register Volume 78, Number 109 (Thursday, June 6, 2013) p. 33995-34008 (download full text )
> Access Docket ID NRC-2010-0372
> Federal Register Volume 75, Number 246 (Thursday, December 23, 2010) p. 80730-80731 (download full text )
> Download Petition for NRC Rule Change, PRM-70-9, November 18, 2010 (329k PDF)
NRC seeks public comment on proposed rule for packaging and transporting radioactive materials
> View here
"The NRC staff has revised Section 2.3.2 of the NRC Enforcement Policy (ADAMS Accession No. ML12340A295 ) to disposition Severity Level IV violations for Fuel Cycle Facilities as noncited violations if the NRC determines that the licensee's CAP is effective, the licensee enters the violation in its CAP, and other criteria in Section 2.3.2 of the Enforcement Policy are met.
The purpose of this draft NUREG, ''Acceptability of Corrective Action Programs for Fuel Cycle Facilities,'' is to provide guidance to the NRC staff on how to determine, from a licensee's CAP licensing submittal, that a CAP is acceptable. After the NRC staff determines that the CAP is acceptable, the CAP licensing submittal will be incorporated into the license and implementation of the CAP will be verified by an NRC inspection using a CAP inspection procedure. After the NRC inspection verifies that the licensee has implemented its CAP in accordance with the license and the licensee's CAP implementing procedures, then the NRC will consider the CAP to be effective for the purposes of Section 2.3.2 of the Enforcement Policy."
> Download Acceptability of Corrective Action Programs for Fuel Cycle Facilities, Draft Report for Comment, NUREG-2154, January 2013
On Nov. 28, 2012, NRC issued to Converdyn an amendment to an export license for natural uranium in the form of uranium hexafluoride. In the copy made available in its ADAMS document repository all information on ultimate consignees and other parties involved, as well as some information on description of materials and facilities unusually was blackened.
> Download Export License XSOU8789/06, Nov. 28, 2012
> Federal Register Volume 77, Number 110 (Thursday, June 7, 2012) p. 33786-33788 (download full text )
> View Docket ID NRC-2011-0176
> Download NRC Enforcement Policy, June 1, 2012
> Download Regulatory Guide 4.20: Constraint on Releases of Airborne Radioactive Materials to the Environment for Licensees other than Power Reactors, Rev. 1 , April 2012
(The Draft was issued as DG-4018 , dated April 2010)
On Sep. 17, 2015, NRC issued Interim Staff Guidance (ISG), FCSE ISG-14, "Acute Uranium Standards for Workers," dated June 15, 2015.
> Federal Register Volume 80, Number 186 (Friday, September 25, 2015) p. 57885-57886 (download full text )
> Download FCSE Interim Staff Guidance ISG-14, Acute Uranium Standards for Workers (PDF)
On Sep. 12, 2014, NRC relased a draft Interim Staff Guidance (ISG) "Acute Uranium Exposure Standards", identifying acute uranium intake quantities that NRC staff finds acceptable as proposed quantitative standards used to classify the chemical (i.e., nonradiological) consequences of acute worker uranium exposure accidents analyzed in integrated safety analysis (ISA).
"The staff will accept the use of 400 mg as an acute intake quantity standard for a high consequence event for a worker and 150 mg as an acute intake quantity standard for an intermediate consequence event for a worker.
These uranium intake values were developed from specific renal concentrations of uranium
based on assumptions about the nature of uranium intake (i.e., inhalation) and the solubility
class of the uranium (i.e., class F) and a renal concentration of less than 50 µg U/g of kidney for a high consequence event and a renal concentration of less than 18 µg U/g of kidney for an intermediate consequence event. The staff may accept other acute uranium intake values based on other assumptions if the assumptions are justified." (emphasis added)
Submit comments by December 1, 2014.
> Federal Register Volume 79, Number 180 (Wednesday, September 17, 2014) p. 55834-55835 (download full text )
> Access Docket ID NRC-2014-0173
> Download Fuel Cycle Safety and Safeguards Interim Staff Guidance XY, Revision 0, Acute Uranium Exposure Standards (ADAMS Acc. No. ML14148A403)
On April 5, 2012, NRC released a document prepared by the Nuclear Energy Institute (NEI) on behalf of the nuclear fuel industry on May 22, 2009 [!]. The purpose of the document is to propose relaxed criteria for intake of soluble uranium in acute exposure scenarios.
| Risk |
Acute Ingestion Dose*
[mg] |
Acute Ingestion Dose
[mg U/kg] |
Acute Inhalation Dose*
[mg] |
Acute Inhalation Dose
[mg U/kg] |
Peak concentration in adult kidney
[µg U/g] |
Comments |
| Life endangerment |
> 2500 |
> 36 |
> 500 |
> 7.1 |
> 18
> 52 |
No reported deaths in humans from calculated kidney concentrations of ≤ ~380 µgU/g |
| Irreversible or serious long lasting health effects |
> 1400 |
> 20 |
> 100 |
> 1.4 |
> 10 |
No reported permanent kidney damage in humans from calculated kidney concentration of ~50 µgU/g indicating permanent damage may not occur at sub-lethal doses. |
| Mild transient health effects |
410 |
5.9 |
30 |
0.5 |
3 |
Totally reversible effects with no acute or long term functional impairment detectable only by urinary biomarkers. |
* Normalized to 70 kg adult male, values rounded.
> Download: Acute chemical toxicity of uranium with application to 10 CFR 70.61 ,
Ronald L. Kathren, Revision 1, May 22, 2009 (ADAMS Acc. No. ML091490747)
> See also: Chemical toxicity of uranium hexafluoride compared to acute effects of radiation , by S.A. McGuire, NUREG-1391, U.S. Nuclear Regulatory Commission, 1991, 15 pages (980k PDF - ADAMS Acc. No. ML072610444)
> See also: 10 CFR 70.61 (10 CFR Part 70 - Domestic Licensing of Special Nuclear Material, Subpart H - Additional Requirements for Certain Licensees Authorized To Possess a Critical Mass of Special Nuclear Material)
> See also: NRC to meet with Nuclear Energy Institute on uranium intake criteria for workers and public
U.S. NRC invites comment on Draft Regulatory Guide "Decommissioning Planning during Operations"
> See here
The Nuclear Regulatory Commission has directed inspections of major fuel cycle facilities to verify that licensees are adequately prepared to cope with the consequences of natural phenomena such as earthquakes and floods.
Under a "temporary instruction", NRC inspectors will evaluate the adequacy of emergency prevention and/or mitigation strategies for consequences of natural events that exceed a licensee’s safety or licensing basis.
Facilities covered by this TI include all commercial uranium enrichment plants, nuclear fuel fabrication plants, and uranium conversion facilities currently operating in the United States.
Inspections will be tailored to the individual facilities, but at a minimum they will evaluate seismic hazards, external flooding hazards, internal flooding hazards, wind and tornadoes, extended loss of AC or emergency power, and fire impacts.
The inspections are part of the NRC's response to the nuclear crisis at Japan's Fukushima-Dai-ichi nuclear power plant following the March 11 earthquake and tsunami.
The fuel cycle inspections will be completed by Sept. 30, 2012.
> Download NRC news release Oct. 6, 2011 (PDF)
> Download Temporary Instruction TI 2600/015, Sep. 30, 2011 (83k PDF)
NRC releases Draft Final Rule: Amendments to Material Control and Accounting Regulations
> Download: SECY-18-0104: Draft Final Rule: Amendments to Material Control and Accounting Regulations, with enclosures , Oct. 15, 2018
> Access Docket ID NRC-2009-0096
NRC invites comment on new rules for control and accounting of special nuclear material
The Nuclear Regulatory Commission is asking the public to comment on a proposal to update, clarify and strengthen the requirements for material control and accounting (MC&A) of special nuclear material (i.e. plutonium, enriched uranium and uranium-233).
Comments will be accepted through February 18, 2014.
> Download: NRC release Nov. 8, 2013 (PDF)
> Federal Register Volume 78, Number 217 (Friday, November 8, 2013) p. 67225-67252 (download full text )
> Access Docket ID NRC-2009-0096
> Download: U.S. Nuclear Regulatory Commission Staff Responses to Public Comments on Proposed Rule: 'Amendments to Material Control and Accounting Regulations' and Associated Draft Guidance 78 FR 67224 and 78 FR 67225 (November 8, 2013) , 2018 (290kB PDF)
NRC invites comment on proposed rule to amend material control and accounting regulations
The U.S. Nuclear Regulatory Commission (NRC) is proposing to amend its regulations for material control and accounting (MC&A) of special nuclear material (SNM). The goal of this rulemaking is to revise and consolidate the MC&A requirements in order to update, clarify and strengthen the regulations. These regulations apply to NRC licensees who are authorized to hold SNM. The MC&A requirements also apply to certain licensees within the jurisdiction of the Agreement States who hold SNM in quantities less than a critical mass, and who submit material status reports to the NRC.
Submit comments by ...(TBA)
> Federal Register Jan. 2012 (download full text) (TBA)
> Download Proposed Rule: Amendments to Material Control and Accounting Regulations (816k PDF)
> Access rule package (ADAMS Acc. No. ML112101421)
> Access Docket ID NRC-2009-0096
NRC invites comment on preliminary proposed rule language to amend material control and accounting regulations
The Nuclear Regulatory Commission (NRC or Commission) is
making available for comment preliminary proposed rule language
concerning the NRC's proposed amendments to the material control and
accounting (MC&A) regulations. These regulations apply to NRC licensees
who are authorized to hold special nuclear material (SNM) and to
certain licensees within the jurisdiction of the Agreement States that
hold SNM and submit material status reports to the NRC. The goal of
this rulemaking is to revise and consolidate the MC&A requirements.
Submit comments by June 30, 2011.
> Federal Register: May 16, 2011 (Volume 76, Number 94) p. 28193-28194 (download full text )
> Download Preliminary Draft Rule Language, May 2011 (ADAMS Acc. No. ML111250585)
> Access Docket ID NRC-2009-0096
"DOE, NRC, and State are not able to fully account for U.S. nuclear material
overseas that is subject to nuclear cooperation agreement terms because the
agreements do not stipulate systematic reporting of such information, and there
is no U.S. policy to pursue or obtain such information. U.S. nuclear cooperation
agreements generally require that partners report inventory information upon
request, however, DOE and NRC have not systematically sought such data.
DOE and NRC do not have a comprehensive, detailed, current inventory of U.S.
nuclear material - including weapon-usable material such as highly enriched
uranium (HEU) and separated plutonium - overseas that includes the country,
facility, and quantity of material. In addition, NRC and DOE could not fully
account for the current location and disposition of U.S. HEU overseas in
response to a 1992 congressional mandate. U.S. agencies, in a 1993 report
produced in response to the mandate, were able to verify the location of 1,160
kilograms out of 17,500 kilograms of U.S. HEU estimated to have been exported.
DOE, NRC, and State have established annual inventory reconciliations with five
U.S. partners, but not the others it has transferred material to or trades with."
> Download U.S. Agencies Have Limited Ability to Account for, Monitor, and Evaluate the Security of U.S. Nuclear Material Overseas, Report to the Committee on Foreign Affairs, House of Representatives , United States Government Accountability Office, GAO-11-920, September 2011 (2.4MB PDF)
The U.S. Nuclear Regulatory Commission
is seeking input from the public, licensees, certificate holders,
Agreement States, non-Agreement States, and other stakeholders on
whether to conduct further rulemaking to implement the criminal penalty
provisions found under Sections 229 and 236 of the Atomic Energy Act of
1954, as amended (AEA).
Section 229 of the AEA provides Federal criminal sanctions for the
wrongful introduction of weapons or explosives into specified classes
of facilities, installations or real property under the jurisdiction,
administration, in the custody of, or subject to the licensing
authority or certification by the Commission. Similarly, Section 236 of
the AEA provides Federal criminal sanctions for sabotage of specified
classes of nuclear facilities or materials.
Submit comments by October 20, 2011.
> Federal Register: July 22, 2011 (Volume 76, Number 141) p. 43937-43941 (download full text )
> Docket ID NRC-2011-0164
> For Proposed Rule, see: Federal Register: September 3, 2008 (Volume 73, Number 171) p. 51378-51381 (download full text )
The Nuclear Regulatory Commission seeks public comments on a proposed rule that would require uranium conversion and deconversion facilities authorized to possess significant quantities of uranium hexafluoride (UF6) to conduct integrated safety analyses (ISAs), and to determine whether the NRC or an Agreement State would have regulatory authority over the facility.
The proposed rule would amend 10 CFR Part 40 to require applicants or licensees with a possession limit of 2,000 kg or more of UF6 to conduct an ISA and submit an ISA summary. NRC would assert jurisdiction over all applicants and licensees that are authorized to possess 2,000 kg or more of UF6, even if the facility is in an Agreement State.
Submit comments specific to the proposed rule and draft guidance document by September 9, 2011 (comment period extended).
> Download NRC release May 17, 2011 (PDF)
> Federal Register: May 17, 2011 (Volume 76, Number 95) p. 28336-28358 (download full text )
> Federal Register: June 1, 2011 (Volume 76, Number 105) p. 31507-31508 (download full text )
> Federal Register: July 27, 2011 (Volume 76, Number 144) p. 44865-44866 (download full text )
> Download Guidance on the Implementation of Integrated Safety Analysis Requirements for 10 CFR Part 40 Facilities Authorized to Possess 2,000 Kilograms or More of Uranium Hexafluoride - Draft Report for Comment (NUREG-1962)
> Open Docket ID NRC-2009-0079 (proposed rule) · Docket ID NRC-2011-0080 (proposed guidance)
On July 21, 2016, NRC announced that this rulemaking activity is being discontinued.
> Federal Register Volume 81, Number 146 (Friday, July 29, 2016) p. 49863-49868 (download full text )
U.S. NRC issues Rule on Decommissioning Planning
> See here
> Download Regulatory Guide 3.71 - Nuclear criticality safety standards for fuels and material facilities, Dec. 2010, Rev. 2
NRC issues draft Regulatory Guide "Nuclear criticality safety standards for fuels and material facilities" for comment
Comments will be most helpful if received by September 29, 2010.
> Download draft regulatory guide DG-3030 (ADAMS Acc. No. ML100950065)
> Download Regulatory Guide 3.67 - Standard Format and Content for Emergency Plans for Fuel Cycle and Materials Facilities , Rev. 1, April 2011
NRC issues Draft Regulatory Guide "Standard Format and Content for Emergency Plans for Fuel Cycle and Materials Facilities" for comment:
Comments would be most helpful if received by July 12, 2010.
> Download draft regulatory guide DG-3039 (ADAMS Acc. No. ML093290274)
NRC issues Draft Regulatory Guide DG-8040, "Health Physics Surveys During Enriched Uranium-235 Processing and Fuel Fabrication." for comment.
Comments would be most helpful if received by May 3, 2010.
> Docket Docket ID NRC-2010-0115
Federal Register: March 22, 2010 (Volume 75, Number 54) p. 13599 (download full text )
> Download draft regulatory guide DG-8040 (ADAMS Acc. No. ML092150040)
The final revision to the Regulatory Guide was issued on May 25, 2012:
> Download Regulatory Guide 8.24, "Health Physics Surveys During Enriched Uranium-235 Processing and Fuel Fabrication.", Revision 2, June 2012
> Federal Register Volume 77, Number 108 (Tuesday, June 5, 2012) p. 33253-33254 (download full text )
This guide describes some engineering practices and methods generally considered by the U.S. Nuclear Regulatory Commission (NRC) to be satisfactory for the design, construction, and inspection of embankment retention systems used for retaining solid and liquid effluent from nuclear fuel cycle facility operations other than mining and milling. These practices and methods are the result of NRC review and action on a number of specific cases, and they reflect the latest general engineering approaches that are acceptable to the NRC staff.
Comments will be most helpful if received by April 30, 2010.
> Download draft regulatory guide DG-3040 (ADAMS Acc. No. ML092320052)
The revised Regulatory Guide 3.13 "Design, Construction, and Inspection of Embankment Retention Systems at Fuel Cycle Facilities" was issued on July 23, 2010.
> Download Regulatory guide 3.13 (ADAMS Acc. No. ML101470167)
NRC to ease restrictions on commencement of construction before licence is issued
> See here
The NRC staff is soliciting comments on draft regulatory guide DG-4017: "Monitoring and Reporting Radioactive Materials in Liquid and Gaseous Effluents from Nuclear Fuel Cycle Facilities".
Comments would be most helpful if received by April 5, 2010.
Federal Register: February 3, 2010 (Volume 75, Number 22) p. 5630-5631
(download full text )
> Docket Docket ID NRC-2010-0031
> Download draft regulatory guide DG-4017 (ADAMS Acc. No. ML091810092)
The revised regulatory guide was released in December 2010:
> Federal Register: December 28, 2010 (Volume 75, Number 248) p. 81675 (download full text )
> Download Regulatory Guide 4.16: ;Monitoring and Reporting Radioactive Materials in Liquid and Gaseous Effluents from Nuclear Fuel Cycle Facilities, Dec. 2010, Rev. 2 (ADAMS Acc. No. ML101720291)
("Perfumed" or "Blended" uranium is the term given to unirradiated material that has been processed in a system that has handled irradiated material.)
On October 20, 2009, NRC held a meeting at the request of Westinghouse Electric Company LLC (WEC) to discuss the inclusion of trace irradiated uranium in WEC fresh fuel and the implications for domestic and international transport, specifically for the Model Nos. Traveller and MCC transportation packages.
> Download NRC Memorandum Jan. 21, 2010 (ADAMS Acc. No. ML100220599)
> Download Westinghouse presentation at NRC meeting, Oct. 20, 2009 (ADAMS Acc. No. ML093350579)
The Nuclear Regulatory Commission (NRC) is proposing significant
revisions to its processes for overseeing the safety and security of
fuel cycle facilities. The NRC plans to develop a revised oversight
process for fuel cycle facilities that is more risk-informed, and
performance-based, resulting in more objective, predictable, and
transparent results of licensee or certificate holder assessments.
The comment period expires November 2, 2009.
Federal Register: September 3, 2009 (Volume 74, Number 170) p. 45657-45660 (download full text )
> View NRC release Sep. 8, 2009
> Download additional documents (ADAMS Acc. No. ML092380069 )
> Docket Docket ID NRC-2009-0386
> Download SECY-11-0140: Enhancements to the Fuel Cycle Oversight Process Oct. 7, 2011 (315k PDF)
The Nuclear Regulatory Commission (NRC) is announcing the availability of a revision to NUREG-1520, "Standard Review Plan for the Review of a License Application for a Fuel Cycle Facility" for public comment.
Comments on these documents should be submitted by October 24, 2009 - comment period extended.
Federal Register: August 5, 2009 (Volume 74, Number 149) p. 39117-39118 (download full text )
Federal Register: August 19, 2009 (Volume 74, Number 159) p. 41946-41947 (download full text )
> Download Draft NUREG-1520 Rev. 2:
ADAMS Acc. No. ML091470567 , or: Docket ID: NRC-2009-0339
> Download Standard Review Plan for the Review of a License Application for a Fuel Cycle Facility - Final Report (NUREG-1520, Revision 1), May 2010 · alternate source
> Download Draft Regulatory Guide DG-3038: Standard format and content of license applications for plutonium processing and fuel fabrication facilities, July 2009
(Proposed Revision 1 of Regulatory Guide 3.39, dated January 1976)
Comments will be most helpful if received by September 21, 2009.
On Oct. 21, 2011, NRC announced the availability of the revised Regulatory Guide.
> Federal Register: October 21, 2011 (Volume 76, Number 204) p. 65544-65545 (download full text )
> Download Regulatory Guide 3.39, Rev. 1: Standard Format and Content of License Applications for Mixed Oxide Fuel Fabrication Facilities, Oct. 2011
> Access Docket ID NRC-2009-0323
Final:
> Federal Register Volume 77, Number 4 (Friday, January 6, 2012) p. 823 (download full text )
> Download Regulatory Guide 3.74, January 2012
Revised Draft:
Comments will be most helpful if received by August 12, 2011.
> Federal Register: July 14, 2011 (Volume 76, Number 135) p. 41527-41528 (download full text )
> Download Draft Regulatory Guide DG-3037, July 2011 (223k PDF)
> Download Regulatory Analysis (82k PDF)
> Download NRC Staff Responses to Public Comments on Draft Regulatory Guide DG-3037, March 30, 2010 (103k PDF)
First Draft:
Federal Register: June 29, 2009 (Vol. 74, No. 123) p. 31073 (download full text )
> Download Draft Regulatory Guide DG-3037, June 2009 (ADAMS Acc. No. ML091200493)
> View Docket ID NRC-2009-0262
Public comments are being solicited on this draft guide. Comments would be most helpful if received by November 13, 2008.
Federal Register: September 16, 2008 (Volume 73, Number 180) p. 53446
(download full text )
> Download Draft Regulatory Guide RG 3.16, Sep. 2008 · Regulatory Guide RG 3.16, Rev. 1, Jan. 1974
> Download NUREG-1718 (Standard Review Plan for the Review of an Application for a Mixed Oxide (MOX) Fuel Fabrication Facility) Chapter 7, "Fire Protection,"
> Download Final Regulatory Guide 3.16, Rev. 1, April 2009
Federal Register: April 17, 2009 (Volume 74, Number 73) p. 17885
(download full text )
NRC staff proposes a revision of NRC Regulatory Guide RG 3.52: Standard format and content for the health and safety sections of license renewal applications for uranium processing and fuel fabrication.
This regulatory guide endorses the methods and procedures for evaluation and verification for the licensing of special nuclear material (SNM) contained in NUREG-1520 as a process that the NRC staff has found acceptable for meeting the regulatory requirements.
Public comments are being solicited on this draft guide. Comments will be most helpful if received by November 10, 2008.
> Federal Register: September 11, 2008 (Volume 73, Number 177) p. 52890-52891 (download full text )
> Download Draft Regulatory Guide DG-3031, Sept. 2008 · Regulatory Guide RG 3.52 Rev. 1, Nov. 1986
> Download NUREG-1520 (Standard Review Plan for the Review of a License Application for a Fuel Cycle Facility, March 2002)
NRC staff proposes a revision of NRC Regulatory Guide RG 3.25: Standard format and content of safety analysis reports for uranium enrichment facilities.
The staff recommends that the NRC revise Regulatory Guide 3.25 to endorse the safety analysis report guidance in the current revision of NUREG-1520.
The revised Regulatory Guide was issued in December 2008.
> Download Draft Regulatory Guide DG-3033, May 2008 · Regulatory Guide RG 3.25, Dec. 1974
> Download NUREG-1520 (Standard Review Plan for the Review of a License Application for a Fuel Cycle Facility, March 2002)
> Download Regulatory Guide RG 3.25 Rev. 1, Dec. 2008
On Mar. 14, 2024, the U.S. Nuclear Regulatory Commission (NRC) announced that it is withdrawing Regulatory Guide (RG) 3.25, Revision 1, "Standard Format and Content of Safety Analysis Reports for Uranium Enrichment Facilities." This RG Revision is being withdrawn because it only refers to NUREG-1520, "Standard Review Plan for the Review of a License Application for a Fuel Cycle Facility," which provides guidance on the subject matter to applicants and NRC staff reviewers.
> Federal Register Volume 89, Number 54 (Tuesday, March 19, 2024) p. 19499-19500 (download full text )
Nuclear Regulatory Commission (NRC) plans to meet with Nuclear Energy Institute (NEI) on October 10, 2007, to discuss whether numerical soluble uranium intake criteria can be established for a worker who may be potentially impacted by a high or intermediate consequence accident. Additionally, similar criteria will be explored for an individual located outside a controlled area, such as a member of the public, affected by an intermediate consequence accident.
> Download NRC Meeting Notice Sep. 10, 2007 (PDF) (ADAMS Acc. No. ML072430726)
U.S. NRC issues Proposed Rule on Decommissioning Planning for comment
> See here
The Commission approved the staff's recommendation to conduct a rulemaking to amend 10 CFR Part 40 to require that only certain new applicants and existing licensees for conversion and deconversion facilities be licensed by the NRC. Specifically, large facilities with significant quantities of uranium hexafluoride or uranium tetrafluoride would only be licensed by the NRC. All other conversion and deconversion facilities would be licensed by the NRC or an Agreement State depending upon its location. These requirements would not apply to existing facilities currently undergoing decommissioning. If new license applications are submitted before the completion of the rulemaking, the staff shall impose 10 CFR Part 70, Subpart H, performance requirements as part of the licensing basis for the application review.
> View SECY-07-0146, Regulatory options for licensing new uranium conversion and depleted uranium deconversion facilities, August 24, 2007 · PDF format
> View related Staff Requirements Memorandum Oct. 10, 2007 · PDF format
On Feb. 22, 2008, NRC held a workshop on potential changes to 10 CFR Part 40 in regard to the regulation of conversion and deconversion facilities.
> Download workshop documents (ADAMS ML080780435)
On June 19, 2007, NRC alerted licensees operating fuel cycle facilites about deficiences that became apparent at two facilities after accidental exposures to UF6 and/or hydrogen fluoride (HF) had occured.
In one case, a worker suffered chemical skin burns after exposure to UF6/HF, since his protective gear was insufficient. Moreover, the local hospital to which he was taken was not prepared to treat HF burns and had no supply of the calcium gluconate required for treatment.
In another case, two workers who had inhaled small amounts of HF vapor had not been sent for treatment immediately, as required. It is well established that symptoms may develop with some delay.
> Download NRC Information Notice 2007-22: Recent hydrogen fluoride exposures at fuel cycle facilities, June 19, 2007 (ADAMS: ML071410230)
On April 9, 2007, for the first time, the U.S. NRC issued an export license of Chinese origin uranium for enrichment at Urenco's European enrichment plants. So far, China had been known to be an uranium importer only; minor amounts of Chinese uranium had been exported by the U.S. in nuclear fuel for Japanese utilities, though.
> Download Export License XSOU8810 Amendment No. 01, April 9, 2007 (ADAMS Accession No. ML071020246)
> Download Application for Amendment of Export License XSOU8810, Feb. 22, 2007 (ADAMS Accession No. ML070610249)
Comments would be most helpful if received by May 29, 2007.
Federal Register: March 30, 2007 (Volume 72, Number 61) p. 15173-15175 (download full text )
> Download Interim Revision 2 of Regulatory Guide 4.15: Quality Assurance for Radiological
Monitoring Programs (Inception Through Normal Operations to License
Termination) -- Effluent Streams and the Environment (PDF)
NRC staff recommends that the maximum license term for Part 70, Subpart H, licensees be increased from 10 years to 40 years.
> Download SECY-06-0186 (Aug. 24, 2006) (PDF)
The experience with defective valves and other technical problems leads NRC to a more formal approach to the inspection of activities involving the use of UF6 cylinders, to ensure that the integrity of these cylinders is maintained when in active use.
> Temporary Instruction: Safety of Uranium Hexafluoride Cylinders At Fuel Cycle Facilities (April 21, 2006)
Federal Register: October 26, 2005 (Volume 70, Number 206) p. 61847-61848 (download full text )
> Download NUCLEAR CRITICALITY SAFETY STANDARDS FOR FUELS AND MATERIAL FACILITIES, REGULATORY GUIDE 3.71, Revision 1, October 2005 (686k PDF)
> Download
NRC Information Notice 2005-22: Inadequate criticality safety analysis of ventilation systems at fuel cycle facilities, July 29, 2005 (PDF)
The documents can be accessed via NRC's document management system ADAMS .
Federal Register: March 8, 2006 (Volume 71, Number 45) p. 11683-11685 (download full text )
- FCSS Interim Staff Guidance-05, Revision 0: Additional Reporting Requirements of 10 CFR 70.74 (ML053630228 )
Federal Register: November 8, 2005 (Volume 70, Number 215) p. 67757-67761 (download full text )
- FCSS Interim Staff Guidance-08, Revision 0: Natural Phenomena Hazards (ML052650305 )
Federal Register: June 27, 2005 (Volume 70, Number 122) p. 36969 (download full text )
- FCSS Interim Staff Guidance-01, Revision 0:
Qualitative Criteria for Evaluation of Likelihood (ML051520236 )
- FCSS Interim Staff Guidance-04, Revision 0:
Clarification of Baseline Design Criteria (ML051520313 )
- FCSS Interim Staff Guidance-09, Revision 0:
Initiating Event Frequency (ML051520323 )
Interim Staff Guidance-10 provides guidance to
NRC staff relative to determining whether the minimum margin of
subcriticality (MoS) is sufficient to provide an adequate assurance of
subcriticality for safety to demonstrate compliance with the
performance requirements of 10 CFR 70.61(d).
Federal Register: December 6, 2004 (Volume 69, Number 233) p. 70475-70480 (download full text )
On Oct. 18, 2005, Revision 1 of the draft Interim Staff Guidance was released for public comment.
Federal Register: October 18, 2005 (Volume 70, Number 200) p. 60565-60575 (download full text )
Notice of Availability of Draft Interim Staff Guidance Document for Fuel Cycle Facilities
Federal Register: March 20, 2006 (Volume 71, Number 53) p. 14018-14028 (download full text )
Notice of Availability of Interim Staff Guidance Documents For Fuel Cycle Facilities
Federal Register: June 27, 2006 (Volume 71, Number 123) p. 36558-36568 (download full text )
> Download Interim Staff Guidance 10, Rev. 0 (ADAMS ML061650370)
Draft Interim Staff Guidance-09 provides guidance to
NRC staff relative the requirements associated with the use of
Initiating Event Frequencies (IEFs) for demonstrating compliance with
the performance requirements of 10 CFR 70.61.
Federal Register: November 9, 2004 (Volume 69, Number 216) p. 64996-64998
(download full text )
The Nuclear Regulatory Commission (NRC) plans to issue Interim
Staff Guidance (ISG) documents for fuel cycle facilities. These ISG
documents provide clarifying guidance to the NRC staff when reviewing
licensee integrated safety assessments, license applications or
amendment requests or other related licensing activities for fuel cycle
facilities under subpart H of 10 CFR part 70. The NRC is soliciting
public comments on the ISG documents which will be considered in the
final versions or subsequent revisions.
Federal Register: September 23, 2004 (Volume 69, Number 184) p. 57101 (download full text )
> Download Interim Staff Guidance 01 · 02 · 03 · 05 · 06 · 07
NUREG-1748 - Environmental Review Guidance for Licensing Actions Associated with NMSS Programs, August 28, 2003
> See also: Federal Register: September 9, 2003 (Volume 68, Number 174)
p. 53205 (download full text )
NRC releases draft guidance for comment
Federal Register: June 11, 2003 (Volume 68, Number 112) p. 35014-35015 (download full text )
"SUMMARY: The NRC's Office of Nuclear Material Safety and Safeguards
(NMSS) has drafted guidance for the NRC staff on applying the backfit
requirements of 10 CFR part 70 to fuel cycle facilities. The draft
guidance is titled, NMSS Policy and Procedures Letter (P&PL) 1-82, ''10
CFR part 70 Backfit Guidance.'' The P&PL is now available for
stakeholder review and comment."
DOE releases Final Programmatic Environmental Assessment (PEA)
"The U.S. Department of Energy (DOE) proposes to implement a comprehensive management program to
safely, efficiently, and effectively manage its potentially reusable low enriched uranium (LEU), normal
uranium (NU), and depleted uranium (DU). Uranium materials, which are presently located at multiple sites,
are to be consolidated by transporting the materials to one or several storage locations, to facilitate ultimate
disposition. Management would include the storage, transport, and ultimate disposition of these materials. [...]"
"The comprehensive management program addressed in this PEA looks at
transportation, including preparation of uranium materials for safe shipment, long-term storage, maintenance
and disposition. The PEA addresses 14,200 metric tons of uranium (MTU) of uranium materials thought to be
potentially reusable; thus, uranium wastes are not part of the scope. Reusable is defined as “uranium material
having an economically viable disposition path.” The management plan will cover uranium materials that are
currently in the form of oxides, metals, and other stable compounds, and which are located at various sites
around the United States. The plan will not include irradiated material, material in the form of uranium
hexafluoride (UF6), uranium that is enriched to 20% or greater in 235U, or uranium enriched in 233U."
> Download Final Programmatic Environmental Assessment for the U.S. Department of Energy, Oak Ridge Operations Implementation of a Comprehensive Management Program for the Storage, Transportation and Disposition of Potentially Reusable Uranium Materials , DOE/EA-1393, February 2003, 340 p. (34MB PDF)
> Download FONSI (Finding of No Significant Impact) , Oct. 16, 2002 (0.4MB PDF)
DOE seeks comment on plan for management of reusable uranium
The U.S. Department of Energy is seeking public comment on a plan to ensure safe storage, transportation, and disposition of its reusable excess uranium at DOE facilities throughout the nation.
> View DOE release May 22, 2002
> Download DRAFT Programmatic Environmental Assessment for the U.S. Department of Energy, Oak Ridge Operations,
Implementation of a Comprehensive Management Program for the Storage, Transportation, and Disposition of Potentially Re-Usable Uranium Materials , DOE/EA-1393, May 16, 2002, 167 p. (3MB PDF)
> See also: Uranium Management Group (UMG) Fact Sheet, Dispositioning Reusable Uranium Currently in Interim Storage at Portsmouth UMG Facility , May 17, 2002 (355k PDF)
This “Standard Review Plan (SRP) for the Review of a License Application
for a Fuel Cycle Facility” provides U.S. Nuclear Regulatory Commission
(NRC) guidance for reviewing and evaluating the health, safety, and environmental protection aspects of applications for licenses to possess and use special nuclear material (SNM) to produce nuclear reactor fuel. This guidance
also applies to the review and evaluation of proposed amendments and license
renewal applications for nuclear fuel cycle facilities.
> Download Standard Review Plan (SRP) for the Review of a License Application for a Fuel Cycle Facility , Final Report, NUREG-1520, March 2002
EPA seeks comment on draft Acute Exposure Guideline Levels for uranium hexafluoride
Federal Register: February 15, 2002 (Vol. 67, No. 32) p. 7164-7176 (download full text) :
SUMMARY: The National Advisory Committee for Acute Exposure Guideline
Levels for Hazardous Substances (NAC/AEGL Committee) is developing
AEGLs on an ongoing basis to provide Federal, State, and local agencies
with information on short-term exposures to hazardous chemicals. This
notice provides AEGL values and Executive Summaries for eight chemicals
for public review and comment. Comments are welcome on both the AEGL
values in this notice and the technical support documents placed in the
public version of the official docket for these eight chemicals.
[...]
Table 6.--Summary of Proposed AEGL Values for Uranium Hexafluoride (mg/m3)
| Classification | 10-minute | 30-minute | 1-hour | 4-hour | 8-hour | Endpoint
(Reference) |
| AEGL-1 (Nondisabling) | 3.6 | 3.6 | 3.6 | NR | NR | Modification of hydrogen fluoride AEGL-1 values (EPA, 2001) |
| AEGL-2 (Disabling) | 28 | 19 | 9.6 | 2.4 | 1.2 | Renal tubular pathology in dogs (Morrow et al., 1982) |
| AEGL-3 (Lethality) | 550 | 100 | 36 | 4.4 | 1.6 | Estimated 1-hour NOEL for death in the rat (Leach et al., 1984) |
U.S. EPA to hold Public Meeting on Acute Exposure Guideline Levels for Uranium hexafluoride on Oct 23-25, 2000
Federal Register: Sep 22, 2000 (Vol. 65, No. 185) p. 57337-57338 (download full notice ):
"SUMMARY: A meeting of the National Advisory Committee for Acute
Exposure Guideline Levels for Hazardous Substances (NAC/AEGL Committee)
will be held on October 23-25, 2000, in Washington, DC. At this
meeting, the NAC/AEGL Committee will address, as time permits, the
various aspects of the acute toxicity and the development of Acute
Exposure Guideline Levels (AEGLs) for the following chemicals: Agents
GA, GB, GD, GF, VX; Allyl alcohol; Boron trichloride; Chloromethyl
methyl ether; Diborane; Furan; Hydrogen sulfide; Perchloromethyl
mercaptan; Phosphine; Propylene oxide; Tetrachloroethylene;
Tetranitromethane; and Uranium hexafluoride."
NRC issues final rule on "Domestic Licensing of Special Nuclear Material"
> View FR Notice: Federal Register: Sep 18, 2000
NRC staff presents final rule on "Domestic Licensing of Special Nuclear Material"
NRC staff is seeking Commission approval of a final rule amending 10 CFR Part 70, "Domestic Licensing of Special Nuclear Material (SNM)," for certain licensees authorized to possess a critical mass of SNM.
> see SECY-00-0111 (May 19, 2000)
> see also DOE Office of Worker Advocacy Web Site
> see also DOL Energy Employees Compensation Program
DOL publishes revised list of facilities covered under DOE worker compensation program
> Federal Register Volume 87, Number 190 (Monday, October 3, 2022) p. 59831-59838 (download full text )
DOL publishes revised list of facilities covered under DOE worker compensation program
> Federal Register Volume 87, Number 148 (Wednesday, August 3, 2022)]
p. 47399-47400 (download full text )
Lawsuit filed against changes to DOE worker compensation program
Representatives from Professional Case Managements and its subsidiary, Cold War Patriots, met with current and former workers of the Portsmouth Gaseous Diffusion Plant Tuesday (Apr. 2), outlining the company's programs as well as a lawsuit it has filed on behalf of workers with the Department of Labor.
Kevin Fitzgerald, of Cold War Patriots, told the crowd gathered at the Welcome Center in Portsmouth that proposed rule changes could negatively impact the workers when trying to obtain benefits due them. He said the rule changes will require all workers to undergo a 36 step process, in which health care professionals are not permitted to help, creating a 60 day delay in benefits.
(Portsmouth Daily Times Apr. 2, 2019)
The suit was filed in The United States District Court, District of Colorado on March 19, 2019:
ACT FOR HEALTH, d/b/a PROFESSIONAL CASE MANAGEMENT, Petitioner, v. UNITED STATES DEPARTMENT OF LABOR et al (Case 1:19-cv-00827)
> View: lawsuit details (Cold War Patriots)
DOL publishes revised list of facilities covered under DOE worker compensation program
> Federal Register Volume 83, Number 214 (Monday, November 5, 2018) p. 55401-55408 (download full text )
DOL proposes changes to DOE worker compensation program
Submit comments by May 9, 2016 (Comment period reopened on April 5, 2016.).
> Federal Register Volume 80, Number 222 (Wednesday, November 18, 2015) p. 72295-72318 (download full text )
> Federal Register Volume 81, Number 11 (Tuesday, January 19, 2016) p. 2787-2788 (download full text )
> Federal Register Volume 81, Number 65 (Tuesday, April 5, 2016) p. 19518-19519 (download full text )
The Final Rule was published on Feb. 8, 2019:
> Federal Register Volume 84, Number 27 (Friday, February 8, 2019) p. 3026-3060 (download full text )
> Federal Register Volume 86, Number 159 (Friday, August 20, 2021) p. 46778-46779 (download full text ) (Correction)
DOL publishes revised list of facilities covered under DOE worker compensation program
> Federal Register Volume 80, Number 12 (Tuesday, January 20, 2015) p. 2735-2741 (download full text )
DOL publishes revised list of facilities covered under DOE worker compensation program
> Federal Register Volume 78, Number 67 (Monday, April 8, 2013) p. 20950-20956 (download full text )
HHS includes chronic lymphocytic leukemia as a radiogenic cancer compensable under EEOICPA
In a notice of proposed rulemaking published in the Federal Register on March 21, 2011, the Department of Health and Human Services (HHS) proposed to treat chronic lymphocytic leukemia (CLL) as a radiogenic cancer under the Energy Employees Occupational Illness Compensation Program Act of 2000 (EEOICPA).
> Federal Register: March 21, 2011 (Volume 76, Number 54) p. 15268-15275 (download full text )
On February 6, 2012, the final rule was published. Under the final rule, CLL will now be treated as being potentially caused by radiation and as potentially compensable under EEOICPA. This reverses the earlier decision by HHS to exclude this cancer from consideration. This change will become effective on March 7, 2012.
> Federal Register Volume 77, Number 24 (Monday, February 6, 2012) p. 5711-5714 (download full text )
DOL issues final rule governing its responsibilities under the
Energy Employees Occupational Illness Compensation Program Act
Performance of Functions; Claims for Compensation Under the Energy Employees Occupational Illness Compensation Program Act of 2000, as Amended
Federal Register: December 29, 2006 (Volume 71, Number 250) p. 78519-78568
(download full text )
National Institute for Occupational Safety and Health invites comment on changes to the NIOSH-IREP Lung Cancer Risk Model under the Energy Employees
Occupational Illness Compensation Program Act of 2000
Federal Register: March 24, 2006 (Volume 71, Number 57) p. 14896-14897
(download full text )
> See also: NIOSH/
OCAS: Probability of Causation--NIOSH-IREP
NIOSH announces changes to the dose reconstruction target organ selection for lymphoma under EEOICPA
Notice of a Change to a Scientific Element Underlying Radiation Dose Reconstructions under the Energy Employees Occupational Illness Compensation Program Act of 2000.
Federal Register: February 15, 2006 (Vol. 71, No. 31) p. 7969-7970 (download full text )
National Institute for Occupational Safety and Health; Proposed
Changes to the Dose Reconstruction Target Organ Selection for Lymphoma
Under the Energy Employees Occupational Illness Compensation Program
Act of 2000.
Federal Register: January 19, 2006 (Volume 71, Number 12) p. 3095-3096
(download full text )
U.S. Department of Health and Human Services issues Interim Final Rule with
Request for Comments on amendments to procedures for designating classes of employees as members of the Special Exposure Cohort under the Energy Employees Occupational Illness Compensation Program Act of 2000
SUMMARY: The Department of Health and Human Services ("HHS") is
amending its procedures to consider designating classes of employees to
be added to the Special Exposure Cohort under the Energy Employees
Occupational Illness Compensation Program Act of 2000 ("EEOICPA"), 42
U.S.C. 7384-7385. HHS must change these procedures to implement
amendments to EEOICPA enacted on October 28, 2004, as part of the
Ronald W. Reagan National Defense Authorization Act for Fiscal Year
2005, Public Law 108-375 (codified as amended in scattered sections of
42 U.S.C.).
DATES: Effective Date: This interim final rule is effective December
22, 2005.
Comments: The Department invites written comments on the interim
final rule from interested parties. Comments on the rule must be
received by February 21, 2006.
Comment period extended:
Any public written comments must be received on or before March 23, 2006.
Federal Register: December 22, 2005 (Volume 70, Number 245) p. 75949-75954 (download full text )
Federal Register: February 21, 2006 (Vol. 71, No. 34) p. 8808 (download full text )
U.S. Department of Labor Assumes Responsibility for a New Energy Workers' Compensation Program
The U.S. Department of Labor today announced that it has assumed responsibility for administration of the new Part E of the Energy Employees Occupational Illness Compensation Program Act (EEOICPA), under legislation sponsored by Senator Jim Bunning (R-KY), signed Oct. 29, 2004, by President Bush. The program provides federal benefits to DOE contractor and subcontractor employees (or their eligible survivors) for occupational illnesses caused by exposure to toxic substances while working at a Department of Energy (DOE) facility. The new law also provides additional compensation for uranium workers covered by the Radiation Exposure Compensation Act (RECA). In addition to managing Part E of the EEOICPA, the department also administers Part B, which provides lump sum compensation and payment of medical expenses for current and former DOE employees who became ill as a result of their exposure to radiation, beryllium or silica.
Until recently, DOE managed the program known as Part D of EEOICPA. However, a provision of the Fiscal Year 2005 Defense Authorization Bill abolished Part D and replaced it with Part E, a system of federal payments to be administered by the Department of Labor (DOL).
(U.S. Newswire Nov. 1, 2004)
GAO acknowledges progress with DOL-managed part of Energy worker compensation program
Energy Employees Compensation: Many Claims Have Been Processed, but Action Is Needed to Expedite Processing of Claims Requiring Radiation Exposure Estimates, United States General Accounting Office, GAO-04-958, September 10, 2004, 39 p.
> Download full report GAO-04-958 (PDF)
GAO sceptical on outcome of DOE-managed part of Energy worker compensation program
Energy Employees Compensation: Even with Needed Improvements in Case Processing, Program Structure May Result in Inconsistent Benefit Outcomes, United States General Accounting Office, GAO-04-515 / GAO-04-516, May 28, 2004
> Download full report GAO-04-515 or GAO-04-516 (PDF)
HHS issues final rule describing procedure for designating additional classes of employees for eligibility for compensation
42 CFR Part 83
Procedures for Designating Classes of Employees as Members of the
Special Exposure Cohort Under the Energy Employees Occupational Illness
Compensation Program Act of 2000; Final Rule
Federal Register: May 28, 2004 (Vol. 69, No. 104), p. 30763-30786 (Download full text )
"SUMMARY: This document describes how the Department of Health and Human
Services (''HHS'') will consider designating classes of employees to be
added to the Special Exposure Cohort under the Energy Employees
Occupational Illness Compensation Program Act of 2000 (''EEOICPA'').
Under EEOICPA, and Executive Order 13179, the Secretary of HHS is
authorized to make such designations, which take effect 180 days after
Congress is notified unless Congress provides otherwise. An individual
member (or the eligible survivors of a member) of a class of employees
added to the Special Exposure Cohort would be entitled to compensation
if the Department of Labor (''DOL'') finds that employee incurred a
specified cancer and the claim meets other requirements established
under EEOICPA."
> See also proposed rules:
Senate Committee hearing unveils: only one DOE worker compensated after four years
At the occasion of a hearing held by the U.S. Senate Energy and Natural Resources Committee on March 30, 2004, lawmakers learned that just one person has received a check so far - nearly four years since Congress passed a law to help sick nuclear weapons workers receive compensation for exposure to toxic substances. The Energy Department says its program needs more time and money, but lawmakers appeared skeptical. Lawmakers have been told that one unidentified worker from Washington state has received $15,000 in compensation.
Of the approximately 22,000 eligible workers who have filed for help, 372 - less than 2 percent - have been notified about whether their illnesses are thought to be job related.
(Courier Journal Mar. 31, 2004)
- U.S. Senate Committee hearing: Oversight hearing on the Energy Employees Occupational Illness Compensation Program Act (EEOICPA), Tuesday, March 30, 2004
- U.S. General Accounting Office Testimony: Energy Employees Compensation: Obstacles Remain in Processing Cases Efficiently and Ensuring a Source of Benefit Payments, by Robert E. Robertson, director, education, workforce, and income security issues, before the Senate Committee on Energy and Natural Resources, March 30, 2004 (240k PDF - GAO)
DOE revises List of Covered Facilities
The latest update includes the following changes:
- Adds Ore Buying Stations at
Crooks Gap, WY; Edgemont, SC, Globe, AZ; Grants, NM; Marysbale, UT; Moab, UT; Monticello, UT; White Canyon, UT; Riverton, WY; and Shiprock, NM.
- Adds the following Energy Department facilities:
Green Sludge Plant, Uraven, CO; Uranium Mill in Durango, CO; Uranium Mill in Monticello, UT; and Tonopah Test Range in Tonopah, NV.
- Deletes the following private companies:
Wash-Rite, Indianapolis, IN; Spencer Chemical Company, Kansas City, MO.
> Download DOE release, Aug. 5, 2003 (92k PDF)
The complete list was published in:
Federal Register: July 21, 2003 (Volume 68, Number 139) p. 43095-43101
(download full text )
DOL issues final rule on Claims for Compensation Under the Energy Employees Occupational Illness Compensation Program Act of 2000, as Amended
Federal Register: December 26, 2002 (Volume 67, Number 248) p. 78873-78910
(download full text )
"SUMMARY: On May 25, 2001, the Department of Labor (DOL) published
interim final regulations that governed its responsibilities under the
Energy Employees Occupational Illness Compensation Program Act of 2000,
as amended (EEOICPA or Act). The Act provides lump-sum payments and
medical benefits to covered employees and, where applicable, to
survivors of such employees, of the Department of Energy (DOE), its
predecessor agencies and certain of its vendors, contractors and
subcontractors. The Act also provides smaller lump-sum payments and
medical benefits to individuals found to be eligible for an award under
section 5 of the Radiation Exposure Compensation Act, as amended
(RECA), and where applicable, to their survivors.
At the same time the Department published the interim final
regulations, it also invited written comments and advice from
interested parties regarding possible changes to those regulations.
This document amends the interim final regulations based on comments
that the Department received, and also includes changes necessary to
conform the regulations to several technical amendments to the EEOICPA
that Congress enacted after the interim final regulations were
published."
Bill introduced in House to reform DOE Worker Compensation
On September 26, 2002, Representative Strickland introduced bill H.R. 5493 to reform the Energy Employees Occupational Illness Compensation Program Act of
2000 (EEOICPA).
OCAS releases technical documents for IREP program
On June 14, 2002, the National Institute for Occupational Safety and Health (NIOSH) Office of Compensation Analysis and Support (OCAS) released documents representing the technical basis and assumptions used in the NIOSH-Interactive RadioEpidemiological Program (IREP) program:
Response to Subject Matter Expert Review Comments on NIOSH-IREP (4.4M PDF)
NIOSH-Interactive RadioEpidemiological Program (NIOSH-IREP) Technical Documentation: Final Report (4.3M PDF)
Responses to Review Comments on Draft Report: Proposed Radiation Weighting Factors for Use in Calculating Probability of Causation of Cancers (78k PDF)
Relative Biological Effectiveness (RBE) Factors for Use in Calculating Probability of Causation of Radiogenic Cancers (2.3M PDF)
Proposed Revisions to RBE Factors (74k PDF)
HHS releases final rules
Department of Health and Human Services, 42 CFR Parts 81 and 82:
- 42 CFR Part 81 - Guidelines for Determining the Probability of Causation Under the Energy Employees Occupational Illness Compensation Program Act of 2000; Final Rule.
Federal Register: May 2, 2002 (Vol. 67, No. 85) p. 22295-22314: GPO text · NIOSH (PDF)
- 42 CFR Part 82 - Methods for Radiation Dose Reconstruction Under the Energy Employees Occupational Illness Compensation Program Act of 2000; Final
Rule.
Federal Register: May 2, 2002 (Vol. 67, No. 85) p. 22314-22336: GPO text · NIOSH (PDF)
> View HHS release April 30, 2002 (alternate source )
> See also: NIOSH Office of Compensation Analysis and Support (OCAS)
Eligibility Expanded For Compensation From Nuclear Workers Program
Congress has enacted legislation that changes the eligibility requirements for children
of workers who died after contracting certain work-related illnesses in work performed for the Department of Energy's nuclear weapons program. The amendment, among others, also adds a type of leukemia to the list of cancers for which certain workers can receive benefits.
> View DOL news release Dec. 13, 2001
> View S.1438: National Defense Authorization Act for Fiscal Year 2002 , SEC. 3151. IMPROVEMENTS TO ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION PROGRAM.
NIOSH releases draft online calculator to determine probability of causation for cancer claims of nuclear workers
To determine probability of causation for a cancer claim under the Energy Employees Occupational Illness Compensation Program Act of 2000, DOL will be using a computer software application the National Institute for Occupational Safety and Health (NIOSH) has developed in collaboration with the National Cancer Institute, called NIOSH-IREP. This computer software is a tool that allows DOL to determine the probability a cancer was caused by a person's radiation dose from nuclear weapons production work.
> NIOSH Office of Compensation Analysis and Support - Interactive RadioEpidemiological Program (OCAS-IREP) page
> NIOSH-IREP online calculator (JavaScript and Cookies required)
> Download software documentation
Comments on the software are invited.
HHS seeks public comment on rules to assist compensation of nuclear workers for job-related cancers
"The U.S. Department of Health and Human Services (HHS) today asked for public comment on two rules under which the department will provide scientific expertise to assist in decision-making under the Energy Employees Occupational Illness Compensation Program Act of 2000. The two rules, "Methods for Radiation Dose Reconstruction" and "Guidelines for Determining the Probability of Causation," are published in today's Federal Register as an interim final rule and a notice of proposed rulemaking, respectively."
> View NIOSH release Oct. 5, 2001
42 CFR Part 81 - Guidelines for Determining the Probability of Causation Under the Energy Employees Occupational Illness Compensation Program Act of 2000; Notice of Proposed Rulemaking
> Federal Register Oct. 5, 2001 (Vol. 66, No. 194) p. 50967-50978: GPO (text) · NIOSH (PDF)
> Federal Register: Jan. 17, 2002 (Vol. 67, No. 12) p. 2397-2398: GPO (text)
42 CFR Part 82 - Methods for Radiation Dose Reconstruction Under the Energy Employees Occupational Illness Compensation Program Act of 2000; Interim Final Rule With Request for Comments
> Federal Register Oct. 5, 2001 (Vol. 66, No. 194) p. 50978-50991: GPO (text) · NIOSH (PDF)
> Federal Register: Jan. 17, 2002 (Vol. 67, No. 12) p. 2343: GPO (text)
> Federal Register: Feb. 14, 2002 (Vol. 67, No. 31) p. 6874-6875: GPO (text)
Labor Department issues interim final rule on energy workers' compensation
Federal Register: May 25, 2001 (Vol 66, No 102) p. 28947-29003
Labor Department to manage DOE Worker Compensation program
On April 6, 2001, the Bush administration has decided against giving the Justice Department control of a benefit program for sick nuclear workers. (Salt Lake Tribune April 7, 2001)
The Justice Department is running the RECA program for former uranium miners and others.
> see also: Labor Department Office of Workers' Compensation Programs
First payments are scheduled for July 31, 2001.
"Congressional negotiators have accepted landmark DOE nuclear workers compensation legislation as part of the FY 2001 Defense Authorization Act to help those who have incurred occupational illnesses while working in nuclear weapons factories.
This bill marks a major achievement because it provides long-overdue compensation for those who were placed in harm's way without their knowledge and were made ill from exposure to radiation, beryllium and silica.
This legislation provides lump-sum payments of $150,000 plus medical benefits per worker for those who contracted certain diseases from their workplace exposure.
It is structured as 'entitlement' spending, which means that when this law is enacted in the near future, Congress will have made an enduring financial commitment to help these sick workers." (PACE Oct 6, 2000)
On Oct. 11. 2000, the House approved and sent to the Senate the military authorization bill that includes provisions creating a new entitlement program for the sick workers. Senate passage was expected.
President Clinton signed the bill on Oct. 30, 2000.
> The legislation is part of the defense authorization bill H.R. 4205 and became Public Law No: 106-398
On December 7, 2000, President Clinton signed Executive Order 13179 "Providing Compensation to America's Nuclear Weapons Workers" setting up a comprehensive compensation program based on Public Law 106-398.
The order was published in Federal Register Vol. 65, No. 238, Dec. 11, 2000, p. 77485-77490
On December 15, 2000, Congress approved $60 million to set up the federal entitlement, aiding nuclear factory workers sickened on the job. (AP Dec. 15, 2000)
On May 9, 2000, Senator Voinovich introduced bill S. 2519 (Energy Employees Occupational Illness Compensation Act of 2000) in the U.S. Senate: "To authorize compensation and other benefits for employees of the Department of Energy, its contractors, subcontractors, and certain vendors who sustain illness or death related to exposure to beryllium, ionizing radiation, silica, or hazardous substances in the performance of their duties, and for other purposes."
SECY-00-0222 - Status of Nuclear Fuel Cycle Facility Oversight Program Revision (November 27, 2000)
NRC to Hold Public Meeting Concerning the Revision of the Oversight Program for Nuclear Fuel Cycle Facilities
The meeting is scheduled for May 16, 2001 in Paducah, Kentucky.
> View FR Notice: Federal Register: May 3, 2001
NRC to meet with public to discuss fuel facility oversight
The Nuclear Regulatory Commission will hold a public meeting on May 8, 2001, in Rockville, Maryland, to discuss ways of improving its oversight of nuclear fuel cycle facilities, which process and fabricate uranium ore into nuclear reactor fuel.
> View NRC News Release April 27, 2001
U.S. NRC Workshop on Fuel Facility Oversight Program
NRC will hold another public workshop February 8, 2001 in Washington DC, to provide the public, those regulated by the NRC, and other stakeholders, with information about and an opportunity to provide views on how NRC plans to revise its oversight program for nuclear fuel cycle facilities.
> View FR Notice: Federal Register: Jan. 30, 2001
> View SECY-99-188 - Evaluation And Proposed Revision Of The Nuclear Fuel Cycle Facility Safety Inspection Program (July 21, 1999)
> View Draft Workplan and other documents at NRC's Technical Conference Website
> View background information and meeting transcripts