Berkeley Lab Pilot on External Regulation of DOE National Laboratories by the U.S. NRC

The US Department of Energy and the US Nuclear Regulatory Commission entered into an agreement in November 1997 to pursue external regulation of radiation safety at DOE national laboratories through a Pilot Program of simulated regulation at 6-10 sites over a 2 year period. The Ernest Orlando Lawrence Berkeley National Laboratory (Berkeley Lab), the oldest of the DOE national laboratories, volunteered and was selected as the first Pilot site. Based on the similarities and linkages between Berkeley Lab and nearby university research laboratories, Berkeley Lab seemed a good candidate for external regulation and a good first step in familiarizing NRC with the technical and institutional issues involved in regulating laboratories in the DOE complex. NRC and DOE team members visited Berkeley Lab on four occasions between October 1997 and January 1998 to carry out the Pilot. The first step was to develop a detailed Work Plan, then to carry out both a technical review of the radiation safety program and an examination of policy and regulatory issues. The Pilot included a public meeting held in Oakland, CA in December 1997. The Pilot concluded with NRC's assessment that Berkeley Lab has a radiation protection program adequate to protect workers, the public and the environment, and that it is ready to be licensed by the NRC with minor programmatic exceptions. A draft final report of the Pilot was prepared and circulated for comment as a NUREG document (dated May 7, 1998). The report's recommendations include extending NRC regulatory authority to cover all ionizing radiation sources (including accelerators, x-ray units, NARM) at Berkeley Lab. Questions remaining to be resolved include: who should be the licensee (DOE, the Lab, or both)?; dealing with legacy issues and NRC D and D requirements; minimizing dual oversight; quantifying value added in terms of cost savings, enhanced safety, and improved public perception; extrapolating results to other national laboratories; and transition costs and timing