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SECY-97-290

DECEMBER 17, 1997

• PURPOSE
• BACKGROUND
• COORDINATION

PURPOSE:

To inform the Commission of the lessons learned that the staff developed concerning the certification of the gaseous diffusion plants (GDPs) operated by the United States Enrichment Corporation (USEC).

BACKGROUND:

The Energy Policy Act of 1992 amended the Atomic Energy Act of 1954 (AEA) by adding a new Title II to the Act (Sections 1201-1805), which established a new government corporation, USEC, for the purpose of operating the uranium enrichment enterprise owned and previously operated by the Department of Energy (DOE). The AEA also required the Nuclear Regulatory Commission to establish safety and safeguards regulations for the GDPs and to certify the GDPs' compliance with those standards. The NRC promulgated new regulations for the GDPs (10 CFR Part 76) in 1994 and issued the initial Certificate of Compliance to USEC on November 26, 1996. The NRC assumed regulatory jurisdiction over the GDPs, from DOE, on March 3, 1997. The time between November 1996 and March 1997 provided a period for USEC to transition gradually to the NRC requirements.

The staff has compiled the key lessons learned from the GDP certification and transition process. A few of the more important lessons learned included the following: (1) the need for a well-documented safety or design basis for the facilities; (2) the need for NRC staff review guidance documents and acceptance criteria; (3) the importance of having Resident Inspectors at the sites; and (4) the need to evaluate coverage of and adherence to existing DOE requirements.

The staff has provided, for the Commission's information, the attached lessons learned from the process. The lessons learned from this process may have application to NRC's possible future regulation of other DOE nuclear facilities.

In a related matter, on October 20, 1997, the Office of the Inspector General (OIG) issued OIG's Special Evaluation Report 97E-19, "Valuable Lessons can be Learned from the Regulatory Transition of the Gaseous Diffusion Plants." The OIG evaluation report contains several observations that relate to the staff's lessons learned from the GDP certification and transition process. Many of the observations are also clearly included in the staff's lessons learned, such as the need for guidance documents and clear regulatory boundaries. Other observations are captured by the staff's lessons learned but are not specifically stated. For example, communication with the employees and the unions at the GDPs is captured by the lesson learned concerning the benefit of having Resident Inspectors placed at the site. The staff will factor in the OIG observations in activities regarding possible future regulation of other DOE nuclear facilities.

Separately, DOE conducted its own review and prepared DOE/ORO-2051, "Regulatory Oversight Program, July 1, 1993, to March 3, 1997." This report, subtitled "A Transitional Program for Regulation of the Gaseous Plants at Paducah, Kentucky and Portsmouth, Ohio," documents DOE activities and milestones leading up to NRC's assumption of regulatory oversight on March 3, 1997. This report, which has been provided separately to the Commissioners, also contains lessons learned, from DOE's perspective, on creation and implementation of DOE's regulatory oversight program, on the transition from DOE requirements to NRC requirements, and on the development of the Compliance Plans for the two sites. Several of DOE's lessons learned concern only DOE internal operations (e.g., staffing and organization), and several overlap and reinforce the staff's lessons learned provided with this paper. The staff will consider DOE's lessons learned in conducting future activities, as appropriate.

COORDINATION:

The Office of the General Counsel has reviewed this paper and has no legal objection.

Attachment:

Lessons Learned from the Certification of the GDPs

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