Department of Energy: DOE's Nuclear Safety Enforcement Program Should Be Strengthened
RCED-99-146
Published: Jun 10, 1999. Publicly Released: Jun 29, 1999.
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Highlights
Pursuant to a congressional request, GAO reviewed the Department of Energy's (DOE) nuclear safety enforcement program, focusing on: (1) the enforceable nuclear safety rules DOE has issued; (2) which DOE facilities and contractors are covered by these rules; (3) DOE's enforcement of the nuclear safety rules; and (4) whether there is a continued need for exempting certain contractors from paying penalties for violating nuclear safety rules.
Recommendations
Matter for Congressional Consideration
| Matter | Status | Comments |
|---|---|---|
| To ensure that both nonprofit and for-profit contractors are held fully accountable for meeting nuclear safety requirements, Congress should consider eliminating the statutory and administrative exemptions from paying civil penalties for violating nuclear safety rules. |
Closed – Implemented
|
The Energy Policy Act of 2005 (H.R. 6) includes Title VI, Subtitle A, Price-Anderson Act Amendments. This subtitle, to be cited as the Price-Anderson Amendments Act of 2005, extends the indemnification of DOE contractors until December 31, 2025. As GAO recommended, the act also eliminates the statutory and administrative exemptions from paying civil penalties for violating nuclear safety rules. Instead, for not-for-profit contractors, the total amount of civil penalties paid may not exceed the total fees paid within the year under the relevant contract. H.R. 6 was signed by the President on August 8, 2005. |
Recommendations for Executive Action
| Agency Affected | Recommendation | Status |
|---|---|---|
| Department of Energy | In order to strengthen DOE's nuclear safety enforcement program, the Secretary of Energy should expeditiously complete the process of issuing enforceable rules covering important nuclear safety requirements. |
Closed – Implemented
DOE issued an interim final rule in October 2000 for 10 C.F.R. Part 830, Nuclear Safety Management, to establish new nuclear safety requirements and to complete the rulemaking process started in 1991. The final rule was issued on January 10, 2001 and was effective February 9, 2001.
|
| Department of Energy | In order to strengthen DOE's nuclear safety enforcement program, the Secretary of Energy should ensure that field locations are properly following DOE's guidance in determining which facilities must comply with the nuclear safety rule on quality assurance. |
Closed – Implemented
In July 1999, DOE's Office of Enforcement and Investigation issued clarifying guidance to DOE field office and contractor coordinators on the facilities to be covered by the quality assurance rule.
|
| Department of Energy | In order to strengthen DOE's nuclear safety enforcement program, the Secretary of Energy should eliminate the administrative exemption from paying civil penalties for violations of nuclear safety rules that DOE granted to nonprofit educational institutions. |
Closed – Not Implemented
In its December 1999 letters to OMB and the Congress, DOE stated that it was reconsidering various recommendations to the Congress that would allow for the payment of civil penalties by nonprofit contractors in amounts that do not exceed performance fees. Although DOE stated in its testimony before the House Committee on Science, Subcommittee on Energy, on March 22, 2001, that the Department generally supported the proposed legislation to remove the exemption for non-profit contractors and repeal DOE's statutory authority to grant automatic remission of civil penalties, DOE does not intend to take actions to eliminate the administrative exemption, but will wait for Congress to enact legislation.
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Topics
Accident preventionAccountabilityContractorsFines (penalties)Nonprofit organizationsNuclear facility safetyNuclear waste managementOccupational safetySafety regulationSafety standardsNuclear materials