Title 10--ENERGY
Chapter III--DEPARTMENT OF ENERGY


[Code of Federal Regulations] [Title 10, Volume 4] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR706.1] [Page 319] TITLE 10--ENERGY CHAPTER III--DEPARTMENT OF ENERGY PART 706_SECURITY POLICIES AND PRACTICES RELATING TO LABOR-MANAGEMENT RELATIONS--Table of Contents Sec. 706.1 Purpose. The purpose of this part is to set forth Department of Energy, hereinafter ``DOE,'' security policies and practices in the area of labor-management relations. ...


objectives for labor-management relations in the DOE program, namely: (a) Wholehearted acceptance by contractors and by labor and its representatives of the...


the various DOE installations should be conducted in normal fashion whereever possible, on the basis of open hearings, unclassified records and published decisions. This policy...


the Atomic Energy Installations, it is the policy of DOE to encourage every effort by management and labor at DOE installations to determine bargaining units and representatives...


law judges is maintained to facilitate resolution of questions as to the materiality of classified information in NLRB hearings and to facilitate preparation of...


preparation of a case even though the record is to be unclassified. Clearance of counsel makes possible their participation in any closed discussions needed preparatory to...


cannot be adjusted by mutual agreement, and contested proceedings before NLRB result, each party to such proceedings will present his own position and the evidence in support...


those whose participation (although not requiring access to restricted data) involves the exercise of administrative, negotiating and disciplinary authority over...


may be necessary to assure opportunity for effective representation of employees in collective bargaining relationships with DOE contractors. Accordingly,...


be processed for ``Q'' clearance at the discretion of the local DOE manager, either on the manager's initiative or at the request of...


[Code of Federal Regulations] [Title 10, Volume 4] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR706.32] [Page 321] TITLE 10--ENERGY CHAPTER III--DEPARTMENT OF ENERGY PART 706_SECURITY POLICIES AND PRACTICES RELATING TO LABOR-MANAGEMENT RELATIONS--Table of Contents Sec. 706.32 Security indoctrination of non-employee representatives. All collective bargaining representatives, company and union, who are to have access to Restricted Data, will be given appropriate security indoctrination. ...


DOE installations, DOE retains absolute and final authority, and neither the security rules nor their administration are matters for collective bargaining between...


the environment, maintain public health and safety, and safeguard the national security. This part establishes policies, criteria, and procedures for developing...


or controlled by DOE which are operated [[Page 322]] under the authority of the Atomic Energy Act of 1954, as amended: (1) Management and operating...


public health and safety, and safeguard the national security. This policy is advanced in this rule by requiring contractors and subcontractors within its scope...


Collection Site Person means a technician or other person trained and qualified to take urine samples and to secure urine samples for later laboratory analysis. ...


(a) Each contractor subject to this part shall develop a written program consistent with the requirements of this part and the guidelines of the Department of...


following or appropriate alternatives: (a) Employee assistance programs emphasizing preventive services, education, short-term counseling, coordination and referral to...


(a)(1) Each workplace substance abuse program will provide for random testing for evidence of the use of illegal drugs of employees in testing designated positions identified...


the use of illegal drugs before final selection for employment or assignment to such a position. Provisions of this part do not prohibit contractors from conducting drug...


be reported to DOE by the contractor, under contract provisions incorporating applicable DOE Orders, rules, and regulations, it may be necessary to test individuals in...


test any employee in a testing designated position, or individuals with unescorted access to the control areas of the DOE reactors listed in Sec. 707.7(c), for the use...


a minimum, contractors will be required to test for the use of the following drugs or classes of drugs: marijuana; cocaine; opiates; phencyclidine; and amphetamines. However,...


Procedures for providing urine specimens must allow individual privacy, unless there is reason to believe that a particular individual may alter or substitute the specimen to...


submitted for medical review by the MRO. A confirmed positive test for drugs shall consist of an initial test performed by the immunoassay method, with positive results on...


employment has been tested and determined to have used an illegal drug, processing for employment will be terminated and the applicant will be so notified. (b)(1) When...


to collective bargaining agreements will negotiate with employee representatives, as appropriate, under labor relations laws or negotiated agreements. Such...


Officer and other contractor and DOE officials with a need to know. Any other disclosure may be made only with the written consent of the individual. (b)...


in the event of contractor noncompliance with the provisions of this part or otherwise performing in a manner inconsistent with its approved program include, but are not limited...


by employees of DOE contractors alleging retaliation by their employers for disclosure of information concerning danger to public or worker health or safety,...


Contractor means a seller of goods or services who is a party to: (1) A management and operating contract or other type of contract with DOE to perform work directly related...


by an employee of a contractor that performs work on behalf of DOE, directly related to activities at a DOE-owned or -leased site, if the complaint stems from a...


not file a complaint against your employer under this part if: (a) The complaint is based on race, color, religion, sex, age, national origin, or other similar basis; or ...


employee of a contractor, you may file a complaint against your employer alleging that you have been subject to retaliation for: (a) Disclosing to a DOE official, a member...


or practice may cause an employee to have a reasonable fear of serious injury that justifies a refusal to participate if: (a) A reasonable person, under...


You may file a complaint for retaliation for refusing to participate in an activity, policy, or practice only if: (a) Before refusing to participate in the...


[Code of Federal Regulations] [Title 10, Volume 4] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR708.8] [Page 334] TITLE 10--ENERGY CHAPTER III--DEPARTMENT OF ENERGY PART 708_DOE CONTRACTOR EMPLOYEE PROTECTION PROGRAM--Table of Contents Subpart A_General Provisions Sec. 708.8 Does this part apply to pending cases? The procedures in this part apply prospectively in any complaint proceeding pending on the effective date of this part. ...


Under this part, a complaint or other document is considered ``filed'' on the date it is mailed or on the date it is personally delivered to the specified official...


contractor whose contract is handled by a contracting officer located in DOE Headquarters when the alleged retaliation occurred, you must file two copies of your written...


No. The identity of an employee who files a complaint under this part appears on the complaint. A copy of the complaint is provided to the contractor and it becomes a...


not need to be in any specific form but must be signed by you and contain the following: (a) A statement specifically describing (1) The alleged retaliation taken...


exhausted? (a) To show that you have exhausted all applicable grievance- arbitration procedures, you must: (1) State that all available opportunities for...


complaint by the 90th day after the date you knew, or reasonably should have known, of the alleged retaliation. (b) The period for filing a complaint does not include time...


remedy under State or other law? (a) You may not file a complaint under this part if, with respect to the same facts, you choose to pursue a remedy under State or...


an employee's complaint and be given an opportunity to respond with information? (a) By the 15th day after receiving your complaint, the Head of Field Element or...


(a) The Head of Field Element or EC Director (as applicable) may dismiss your complaint for lack of jurisdiction or for other good cause after receiving your complaint,...


other good cause? (a) If your complaint is dismissed by the Head of Field Element or EC Director, the administrative process is terminated unless you appeal the...


a dismissal? (a) By the 30th day after receiving a decision on an appeal under Sec. 708.18 from the OHA Director, any party may file a petition for Secretarial review of...


(a) Yes. The Head of Field Element or EC Director (as applicable) may recommend that the parties attempt to resolve the complaint informally, for example, through mediation. ...


(a) If the attempt at informal resolution is not successful, the Head of Field Element or EC Director (as applicable) will notify you in writing that you have...


the complaint? (a) If you request a hearing without an investigation, the OHA Director will not initiate an investigation even if another party requests one. ...


(a) The investigator will complete the investigation and issue a report of investigation by the 60th day after the complaint is received by the Office of Hearings and...


(a) No. An employee may withdraw a hearing request after the report of investigation is issued. However, the hearing may be canceled only if all parties agree that they do...


from the Office of Hearings and Appeals to conduct a hearing. (b) The Hearing Officer may not be subject to the supervision or direction of...


schedule a hearing to be held by the 90th day after receipt of the complaint, or issuance of the report of investigation, whichever is later. Any extension of the hearing...


may recommend, but may not require, that the parties attempt to resolve the complaint through mediation or other informal means at any time before issuance of an initial...


(a) In all hearings under this part: (1) The parties have the right to be represented by a person of their choosing or to proceed without representation. The...


has the burden of establishing by a preponderance of the evidence that he or she made a disclosure, participated in a proceeding, or refused to participate, as...


(a) The Hearing Officer will issue an initial agency decision on your complaint by the 60th day after the later of: (1) The date the Hearing Officer approves...


(a) If no party wants a hearing after the issuance of a report of investigation, the Hearing Officer will issue an initial agency decision by the 60th day after...


the 15th day after receiving an initial agency decision from the Hearing Officer, any party may file a notice of appeal with the OHA Director requesting review of the initial...


notice of appeal under Sec. 708.32, the appellant must file a statement identifying the issues that it wishes the OHA Director to review. A copy of the statement must be...


of an initial agency decision, and the time for filing an appeal has passed, the initial agency decision becomes the final agency decision. (b) If there is an appeal of...


(a) By the 30th day after receiving an appeal decision from the OHA Director, any party may file a petition for Secretarial review with the Office of Hearings...


(a) General remedies. If the initial or final agency decision determines that an act of retaliation has occurred, it may order: (1) Reinstatement; ...


costs and expenses incurred in pursuing the complaint? No. If your complaint is denied by a final agency decision, you may not be reimbursed for the costs and...


jurisdiction over the contract under which you were employed when the alleged retaliation occurred, or EC Director, will implement a final agency decision by forwarding...


the government against a contractor or a decision by the contracting officer under sections 6 and 7 of the Contract Disputes Act? No. A final...


Yes. Contractors who are covered by this part must inform their employees about these regulations by posting notices in conspicuous places at the work site. These notices...


a decision? Notwithstanding the provisions of this part, the Secretary of Energy retains the right to request that a complaint filed under this part...


Yes. The Secretary of Energy (or the Secretary's designee) may approve the extension of any deadline established by this part, and the OHA Director may approve the extension...


Yes. DOE contractors may not retaliate against any employee because the employee (or any person acting at the request of the employee) has taken an action listed in Sec....


are eligible for counterintelligence-scope polygraph testing; and (b) Provides guidelines for the use of counterintelligence-scope polygraph examinations and for...


which DOE may administer and use polygraph examinations; (b) A description of the positions which DOE may subject to polygraph examination; (c) Controls on the...


Accelerated Access Authorization Program or AAAP means the program for granting interim access to classified matter and special nuclear material based on a drug test, a National...


provided in paragraph (b) of this section, this part applies to DOE and contractor employees and applicants for employment, and other individuals assigned or detailed to...


(a) All positions in the programs described in Sec. 709.4(a)(1)-(8) are eligible for polygraph examination. When a polygraph examination is scheduled, DOE must notify...


[Code of Federal Regulations] [Title 10, Volume 4] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR709.6] [Page 346] TITLE 10--ENERGY CHAPTER III--DEPARTMENT OF ENERGY PART 709_POLYGRAPH EXAMINATION REGULATIONS--Table of Contents Subpart A_General Provisions Sec. 709.6 How often will an individual be subject to polygraph examination? Positions identified in Sec. 709.4(a)(1)-(8) are subject to a five year periodic, as well as an aperiodic, reinvestigation polygraph. ...


a polygraph examination? (a) DOE may ask questions that are appropriate to a counterintelligence-scope examination or that are relevant to the matter at...


The examiner determines the exact wording of the polygraph questions based on the examiner's pretest interview of the individual, the individual's understanding...


(a) Yes. An individual may refuse to take a counterintelligence- scope or exculpatory polygraph examination, and an individual being examined may...


take a polygraph examination? (a) If an individual is an applicant for employment, assignment, or detail to one of the positions described in Sec. 709.4(a)(1)-(8),...


(a) If, following the completion of the polygraph test, there are any unresolved issues, the polygraph examiner must conduct an in-depth interview of...


When a polygraph examination is scheduled, DOE must notify the individual, in writing, of the date, time, and place of the polygraph examination, and the individual's right to...


the individual's own expense, an individual has the right to obtain and consult with legal counsel or another representative prior to the polygraph examination. The counsel...


not administer a polygraph examination unless DOE has: (a) Notified the individual of the polygraph examination in writing in accordance with Sec. 709.21; and (b)...


Before administering the polygraph examination, the examiner must: (a) Inform the individual of the use of audio and video recording devices and other observation...


``no opinion''? (a) DOE or its contractors may not: (1) Take an adverse personnel action against an individual solely on the basis of a polygraph examination...


DOE owns all polygraph examination records and reports. (b) Except as provided in paragraph (c) of this section, the Office of Counterintelligence maintains all polygraph...


(a) DOE adheres to the procedures and standards established by the Department of Defense Polygraph Institute (DODPI). DOE administers only DODPI approved...


an initial training course of thirteen weeks, or longer, in conformance with the procedures and standards established by DODPI. (b) Examiners must undergo...


Matter or Special Nuclear Material Sec. 710.1 Purpose. Source: 59 FR 35185, July 8, 1994, unless otherwise noted. ...


Matter or Special Nuclear Material Sec. 710.2 Scope. The criteria and procedures outlined in this subpart shall be used in those cases in which there...


Matter or Special Nuclear Material Sec. 710.3 Reference. The pertinent sections of the Atomic Energy Act of 1954, as amended, relative to this regulation...


Classified Matter or Special Nuclear Material Sec. 710.4 Policy. (a) It is the policy of DOE to provide for the security of its programs in a manner consistent...


Classified Matter or Special Nuclear Material Sec. 710.5 Definitions. (a) As used in this subpart: Access authorization means an administrative determination...


Matter or Special Nuclear Material Sec. 710.6 Cooperation by the individual. (a) It is the responsibility of the individual to cooperate by providing...


Classified Matter or Special Nuclear Material Sec. 710.7 Application of the criteria. (a) The decision as to access authorization is a comprehensive,...


Classified Matter or Special Nuclear Material Sec. 710.8 Criteria. Derogatory information shall include, but is not limited to, information that the...


Classified Matter or Special Nuclear Material Sec. 710.9 Action on derogatory information. (a) If the reports of investigation of an individual or other...


Matter or Special Nuclear Material Sec. 710.10 Suspension of access authorization. (a) If information is received that raises a question concerning...


Matter or Special Nuclear Material Sec. 710.20 Purpose of administrative review. These procedures establish methods for the conduct of the...


Classified Matter or Special Nuclear Material Sec. 710.21 Notice to the individual. (a) Unless an extension is authorized by the Director, Office...


Classified Matter or Special Nuclear Material Sec. 710.22 Initial decision process. (a) The Manager shall make an initial decision as to the individual's...


Matter or Special Nuclear Material Sec. 710.23 Extensions of time by the Manager. The Manager may, for good cause shown, at the written request of...


Matter or Special Nuclear Material Sec. 710.24 Appointment of DOE Counsel. (a) Upon receipt from the individual of a written request for a hearing,...


Classified Matter or Special Nuclear Material Sec. 710.25 Appointment of Hearing Officer; prehearing conference; commencement of hearings. (a) Upon receipt of...


Classified Matter or Special Nuclear Material Sec. 710.26 Conduct of hearings. (a) In all hearings conducted under this subpart, the individual shall have the...


Classified Matter or Special Nuclear Material Sec. 710.27 Hearing Officer's decision. (a) The Hearing Officer shall carefully consider the record in view of...


Classified Matter or Special Nuclear Material Sec. 710.28 Action on the Hearing Officer's decision. (a) Within 10 calendar days of receipt of the decision and...


Classified Matter or Special Nuclear Material Sec. 710.29 Final appeal process. (a) The Appeal Panel shall be convened by the Director, Office of Security...


Classified Matter or Special Nuclear Material Sec. 710.30 New evidence. (a) In the event of the discovery of new evidence relevant to the allegations contained...


Matter or Special Nuclear Material Sec. 710.31 Action by the Secretary. (a) Whenever an individual has not been afforded an opportunity to...


Classified Matter or Special Nuclear Material Sec. 710.32 Reconsideration of access eligibility. (a) If, pursuant to the procedures set forth in Sec. Sec....


Matter or Special Nuclear Material Sec. 710.33 Terminations. If the individual is no longer an applicant for access authorization or no longer...


Matter or Special Nuclear Material Sec. 710.34 Attorney representation. In the event the individual is represented by an attorney or other...


Matter or Special Nuclear Material Sec. 710.35 Time frames. Statements of time established for processing aspects of a case under this subpart are...


Matter or Special Nuclear Material Sec. 710.35 Time frames. Statements of time established for processing aspects of a case under this subpart are...
...


and Determinations of an Individual's Eligibility for Access to a Personnel Security Assurance Program Position Sec. 710.50...


and Determinations of an Individual's Eligibility for Access to a Personnel Security Assurance Program Position Sec. 710.51...


and Determinations of an Individual's Eligibility for Access to a Personnel Security Assurance Program Position Sec. 710.52...


and Determinations of an Individual's Eligibility for Access to a Personnel Security Assurance Program Position Sec. 710.53...


and Determinations of an Individual's Eligibility for Access to a Personnel Security Assurance Program Position Sec. 710.54...


and Determinations of an Individual's Eligibility for Access to a Personnel Security Assurance Program Position Sec. 710.55...


and Determinations of an Individual's Eligibility for Access to a Personnel Security Assurance Program Position Sec. 710.56...


and Determinations of an Individual's Eligibility for Access to a Personnel Security Assurance Program Position Sec. 710.57...


and Determinations of an Individual's Eligibility for Access to a Personnel Security Assurance Program Position Sec. 710.58...


and Determinations of an Individual's Eligibility for Access to a Personnel Security Assurance Program Position Sec. 710.59...


and Determinations of an Individual's Eligibility for Access to a Personnel Security Assurance Program Position Sec. 710.60...


The purpose of this part is to establish a Personnel Assurance Program (PAP) in DOE. The PAP is a human reliability program designed to ensure that individuals assigned to...


(a) This part applies to DOE Headquarters and field elements and DOE contractors that manage, oversee, or conduct nuclear explosive operations and associated activities, and to...


The following definitions are used in this part: Access means proximity to a nuclear explosive that affords a person the opportunity to tamper with it or to cause it...


PAP certification is required of each individual assigned to nuclear explosive duties in addition to any other job qualification requirements that may apply. (b) Nothing in...


(a) Each PAP individual shall be certified in the PAP before being assigned to nuclear explosive duties and shall be recertified annually, not to exceed 12 months...


(a) The PAP certifying official shall determine each PAP individual's suitability for certification or recertification in the PAP and review the...


Operations office managers who exercise jurisdiction over PAP certification and recertification shall establish procedures for developing and maintaining a...


(a) Operations office managers shall ensure that each individual who is assigned to nuclear explosive duties receives special training in PAP objectives, policies,...


(a) Supervisors shall document and report to a PAP official and the SOMD, if appropriate, any observed or reported behavior or condition of an individual that causes...


(a) An individual in the PAP shall report any observed or reported behavior or condition of another PAP individual that could indicate the individual's unsuitability...


explosive duties. (a) A supervisor who has a reasonable belief that an individual in the PAP is not suitable for nuclear explosive duties shall immediately...


from duties. (a) Temporary removal. If a PAP certifying official receives a supervisor's written notice of the immediate removal of an individual from...


hearing officer and legal counsel. (a) After receiving an individual's request for a certification review hearing, the operations office manager...


(a) The certification review hearing officer shall conduct the proceedings in an orderly and impartial manner to protect the interests of both the Government...


recommendation. Not later than 30 working days after the conclusion of the hearing, the certification review hearing officer shall forward written findings,...


manager's final decision. (a) An individual who has been denied PAP certification or recertification, or whose certification has been revoked, may appeal...


The purpose of this subpart is to establish standards and procedures for conducting medical assessments of DOE and DOE contractor employees in...


necessary for DOE to: (a) Identify the presence of any mental, emotional, physical, or behavioral characteristics or conditions that present or are likely to present...


provide professional expertise in the area of occupational medicine as it relates to the PAP. The designated physician may serve in other capacities, including Medical...


the SOMD and shall determine the psychological fitness of an individual to participate in the PAP. The results of this evaluation shall be provided only to the designated...


physician to serve as the designated physician and a clinical psychologist to serve as the designated psychologist. The nominations shall be sent through the operations...


The Director, Office of Occupational Medicine and Medical Surveillance, shall: (a) Develop policies, standards, and guidance related to the medical aspects of the PAP,...


Operations office managers and the Director, Transportation Safeguards Division, shall approve, upon the nomination of the SOMD and concurrence of the Director, Office...


be free of any mental, emotional, or physical condition or behavioral characteristics or conditions that present or are likely to present an unacceptable impairment...


of the SOMD, shall be responsible for the medical assessment of PAP individuals. In carrying out this responsibility, the designated physician or the SOMD...


this section, a medical assessment for illegal drug use by DOE employees shall be conducted under DOE Order 3792.3, ``Drug-Free Federal Workplace Testing...


used any hallucinogen, the individual shall not be eligible for certification or recertification unless: (a) Five years have passed since the last use of...


an individual shall be examined for evidence of alcohol use disorder. If the examination produces evidence of alcohol use disorder, additional evaluation shall be...


the PAP certification process shall be collected and maintained on separate forms and in separate medical files, and be treated as a confidential medical record. (b)...


production facility,'' in section 416(a)(2)(B) of the Clean Air Act Amendments of 1990, 42 U.S.C. 7651o(a)(2)(B). This definition is for purposes of section 416(a)(2)(B)...


[Code of Federal Regulations] [Title 10, Volume 4] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR715.2] [Page 394] TITLE 10--ENERGY CHAPTER III--DEPARTMENT OF ENERGY PART 715_DEFINITION OF NON_RECOURSE PROJECT_FINANCED--Table of Contents Sec. 715.2 Definitions. As used in this subpart-- Act means the Clean Air Act Amendments of 1990, 104 Stat. 2399. Facility means a ``new independent power production facility'' as that term is used in the Act, 42 U.S.C. 7651o(a)(2). ...


assets financed and the revenues received by the facility being financed including, but not limited to, part or all of the revenues received under one or more agreements for the...


and contractor legal costs, including litigation costs. The contractor is required to develop a procedure for retaining legal counsel, and to document the analysis used...


Alternative dispute resolution includes processes such as mediation, neutral evaluation, mini-trials and arbitration. Contractor means any person or entity with whom the...


(1) For an amount exceeding $100,000,000, and (2) Involving work performed at the facilities owned or leased by the Department. (b) This part covers...


counsel under fixed rate or other type of contract with the Department itself to provide legal services must comply with the following where the legal costs over the life of...


contracts; (b) Cost reimbursement contracts for an amount less than $100,000,000; or (c) Contracts for an amount exceeding $100,000,000 involving work not...


covered by this part include: (a) Matters handled by counsel retained by an insurance carrier; (b) Routine intellectual property law support services; (c)...


exceptions or deviations from this part by contractors must be made in writing to Department counsel and approved by the General Counsel. If an alternate procedure is proposed...


plan must include the following items: (a) A description of the legal matters that may necessitate handling by retained legal counsel. (b) A discussion of...


[Code of Federal Regulations] [Title 10, Volume 4] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR719.11] [Page 397] TITLE 10--ENERGY CHAPTER III--DEPARTMENT OF ENERGY PART 719_CONTRACTOR LEGAL MANAGEMENT REQUIREMENTS--Table of Contents Subpart B_Legal Management Plan Sec. 719.11 Who must submit a legal management plan? Contractors identified under paragraphs (a) and (b) in Sec. 719.3 must submit a legal management plan. ...


[Code of Federal Regulations] [Title 10, Volume 4] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR719.12] [Page 397] TITLE 10--ENERGY CHAPTER III--DEPARTMENT OF ENERGY PART 719_CONTRACTOR LEGAL MANAGEMENT REQUIREMENTS--Table of Contents Subpart B_Legal Management Plan Sec. 719.12 When must the plan be submitted? Contractors identified under paragraphs (a) and (b) in Sec. 719.3 must submit a legal management plan within 60 days following the execution of a contract with the Department. ...


[Code of Federal Regulations] [Title 10, Volume 4] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR719.13] [Page 397] TITLE 10--ENERGY CHAPTER III--DEPARTMENT OF ENERGY PART 719_CONTRACTOR LEGAL MANAGEMENT REQUIREMENTS--Table of Contents Subpart B_Legal Management Plan Sec. 719.13 Who at the Department must receive and review the plan? The contractors identified under paragraphs (a) and (b) in Sec. 719.3 must file a legal management plan with Department counsel. ...


(a) The Department will notify the contractor within 30 days of the contractor's submission of the plan of any deficiencies relating to requirements in Sec....


contractor must require retained legal counsel providing legal services to prepare a staffing and resource plan as provided in this section. The contractor must then...


litigation, the contractor or Department retained counsel must submit the staffing and resource within 30 days after the filing of an answer or a dispositive motion in lieu of...


must also submit an annual legal budget covering then pending matters to Department counsel. (b) The annual legal budget must include cost projections for...


retained legal counsel expected to provide $25,000 or more in legal services for a particular matter and submit a copy of correspondence relating to Sec. 719.21,...


require retained legal counsel to assist the contractor in complying with this [[Page 399]] part and any supplemental guidance distributed under this part. ...


cost reasonableness determinations, one of the criteria for an allowability determination, is contained in the Federal Acquisition Regulation (FAR), at 48...


fees or rates charged by retained legal counsel are reasonable, the Department may consider: (a) Whether the lowest reasonably achievable fees or rates (including...


of actual costs only? All costs determined to be allowable are reimbursable for actual costs only, [[Page 400]] with no overhead or...


are contained in the cost principles at 48 CFR (FAR) part 31 and 48 CFR (DEAR) part 931 and 970.31. See also 41 U.S.C. 256(e). (b) The Department does not...


[Code of Federal Regulations] [Title 10, Volume 4] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR719.34] [Page 400] TITLE 10--ENERGY CHAPTER III--DEPARTMENT OF ENERGY PART 719_CONTRACTOR LEGAL MANAGEMENT REQUIREMENTS--Table of Contents Subpart D_Reimbursement of Costs Subject to This Part Sec. 719.34 What is the treatment for travel costs? Travel and related expenses must at a minimum comply with the restrictions set forth in 48 CFR (FAR) 31.205-46, or 48 CFR (DEAR) 970.3102-05-46, as appropriate, to be reimbursable. ...


specific justification or advance written approval from Department counsel to be considered for reimbursement: (a) Computers or general application software,...


under this part, the advance approval must be obtained from the Department counsel unless the Department counsel indicates that approval of a request may only be given...


(a) The contractor must have a monitoring system for subcontractor legal matters likely to reach $100,000 over the life of the matter. The purpose of this system is...


[Code of Federal Regulations] [Title 10, Volume 4] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR719.38] [Page 400] TITLE 10--ENERGY CHAPTER III--DEPARTMENT OF ENERGY PART 719_CONTRACTOR LEGAL MANAGEMENT REQUIREMENTS--Table of Contents Subpart D_Reimbursement of Costs Subject to This Part Sec. 719.38 Are costs covered by this part subject to audit? All costs covered by this part are subject to audit by the Department, its designated representative or the General Accounting Office. See Sec. 719.21. ...


(a) If more than one contractor is a party in a particular matter and the issues involved are similar for all the contractors, a single legal counsel designated by the General...


(a) The individual selected as Department counsel for a contract subject to the requirements of this part must be approved by the contracting officer and the...


to Department counsel under this part? Department counsel must submit through the General Counsel reporting system, the approved costs and status updates for...


from contractors for exception from this entire part must be coordinated with Headquarters. (b) Requests from contractors for approval to initiate or defend...


Restricted Data applicable to civil uses of atomic energy for use in his business, trade or profession; provides for the amendment, renewal, suspension, termination...


[Code of Federal Regulations] [Title 10, Volume 4] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR725.2] [Page 405] TITLE 10--ENERGY CHAPTER III--DEPARTMENT OF ENERGY PART 725_PERMITS FOR ACCESS TO RESTRICTED DATA--Table of Contents Sec. 725.2 Applicability. The regulations in this part apply to any person within or under the jurisdiction of the United States who desires access to Restricted Data for use in his business, profession or trade. ...


Restricted Data applicable to civil uses of atomic energy in accordance with the terms and conditions stated on the permit. (b) Act means the Atomic Energy Act of 1954...


any officer or employee of DOE other than a written interpretation by the General Counsel will be recognized to be binding upon...


Development, Department of Energy, Washington DC 20545. Except with respect to category C-24, all other communications concerning the regulations in this part and...


categories as set forth in appendix A to this part. Top Secret information; information pertaining to the design, manufacture or utilization of atomic weapons; and...


authorized by law and will not constitute an undue risk to the common defense and security. ...


an access permit to the DOE Operations Office, listed in appendix B to this part, responsible for the area in which (1) the applicant's principal place of business...


United States or a political subdivision thereof. (b) Any individual who is not a citizen of the United States. (c) Any partnership not including among the partners one...


additional information in order to enable the Administrator to determine whether the permit should be granted or denied or whether it should be modified...


[Code of Federal Regulations] [Title 10, Volume 4] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR725.14] [Page 407] TITLE 10--ENERGY CHAPTER III--DEPARTMENT OF ENERGY PART 725_PERMITS FOR ACCESS TO RESTRICTED DATA--Table of Contents Sec. 725.14 Public inspection of applications. Applications and documents submitted to DOE in connection with applications may be made available for public inspection in accordance with the regulations contained in part 702 of this chapter. ...


set forth in appendix A of this part (except C-91 and C-24) will be approved only if the application demonstrates that the applicant has a potential use or application...


access permit on Form DOE 379. (b) An Access Permit is not an access authorization. It does not authorize any individual not having an appropriate DOE access...


data in all of the categories set forth in appendix A to this part, except C-91 and C-24. (b) In addition, access permits may authorize access, subject to...


expressed or implied, (1) with respect to the accuracy, completeness or usefulness of any information made available pursuant to an access permit, or (2) that the...


all personnel access authorizations requested in connection with the permit; (b) Review the procedures submitted by the Applicant, in accordance with part 795 of...


shall be filed in accordance with Sec. 725.11. Each renewal application must be complete, without reference to previous applications. In any case in which a permittee has filed...


[Code of Federal Regulations] [Title 10, Volume 4] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR725.26] [Page 411] TITLE 10--ENERGY CHAPTER III--DEPARTMENT OF ENERGY PART 725_PERMITS FOR ACCESS TO RESTRICTED DATA--Table of Contents Sec. 725.26 Assignment. An access permit is nontransferable and nonassignable. ...


letter form and shall be signed by an individual authorized to sign on behalf of the applicant. The term of an access permit shall not be altered by an...


apply the criteria set forth in Sec. 725.15. Failure of an applicant to reply to an DOE request for additional information concerning an application for renewal...


the application or in any report submitted to DOE pursuant to the regulations in this part or because of conditions or facts which would have warranted a refusal...


an access permit or suspend or revoke any access permit, or incorporate additional conditions or requirements in any access permit, upon finding that such...


thereunder. Any person who willfully violates any provision of the Act or any regulation or order issued thereunder may be guilty of a crime and, upon conviction, may...


supported or otherwise subject to regulation by any federal department or agency which takes appropriate administrative action to make the policy applicable to...


agency to whom authority has been delegated. (b) Institution means any public or private entity or agency (including federal, state, and other agencies). (c)...


is covered by this policy and which is conducted or supported by a federal department or agency shall provide written assurance satisfactory to the department or agency...


conducted by the institution. The IRB shall be sufficiently qualified through the experience and expertise of its members, and the diversity of the members,...


described in Sec. 745.103(b)(4) and, to the extent required by, Sec. 745.103(b)(5). [[Page 420]] (b) Except when an expedited review procedure is used (see Sec....


covered by this policy. (b) An IRB shall require that information given to subjects as part of informed consent is in accordance with Sec. 745.116. The IRB...


Secretary, HHS, has established, and published as a Notice in the Federal Register, a list of categories of research that may be reviewed by the IRB through an expedited...


satisfied: (1) Risks to subjects are minimized: (i) By using procedures which are consistent with sound research design and which do not unnecessarily expose subjects...


[Code of Federal Regulations] [Title 10, Volume 4] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR745.112] [Page 421] TITLE 10--ENERGY CHAPTER III--DEPARTMENT OF ENERGY PART 745_PROTECTION OF HUMAN SUBJECTS--Table of Contents Sec. 745.112 Review by institution. Research covered by this policy that has been approved by an IRB may be subject to further appropriate review and approval or disapproval by officials of the institution. However, those officials may not approve the research if it has not been approved by an IRB. ...


accordance with the IRB's requirements or that has been associated with unexpected serious harm to subjects. Any suspension or termination of approval shall include...


cooperative research projects, each institution is responsible for safeguarding the rights and welfare of human subjects and for complying with this policy. With the approval of...


(1) Copies of all research proposals reviewed, scientific evaluations, if any, that accompany the proposals, approved sample consent documents, progress reports...


covered by this policy unless the investigator has obtained the legally effective informed consent of the subject or the subject's legally authorized representative....


form approved by the IRB and signed by the subject or the subject's legally authorized representative. A copy shall be given to the person signing the form. ...


contracts are submitted to departments or agencies with the knowledge that subjects may be involved within the period of support, but definite plans would not normally be set...


but it is later proposed to involve human subjects in the research, the research shall first be reviewed and approved by an IRB, as provided in this policy, a...


agency head will evaluate all applications and proposals involving human subjects submitted to the department or agency through such officers and employees of the department or...


[Code of Federal Regulations] [Title 10, Volume 4] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR745.122] [Page 425] TITLE 10--ENERGY CHAPTER III--DEPARTMENT OF ENERGY PART 745_PROTECTION OF HUMAN SUBJECTS--Table of Contents Sec. 745.122 Use of Federal funds. Federal funds administered by a department or agency may not be expended for research involving human subjects unless the requirements of this policy have been satisfied. ...


for any project be terminated or suspended in the manner prescribed in applicable program requirements, when the department or agency head finds an institution...


or at the time of approval when in the judgment of the department or agency head additional conditions are necessary for the protection of...


60.8). (a) What this section does. This section sets forth regulations governing the issuance of leases to permit the exploration for and mining of deposits...


establish regulatory requirements governing reimbursement for certain costs of remedial action at active uranium or thorium processing sites as specified by Subtitle A of Title...


establishes policies, criteria, and procedures governing reimbursement of certain costs of remedial action incurred by licensees at active uranium or thorium processing sites as...


part, the following terms are defined as follows: Active uranium or thorium processing site or active processing site means: (1) Any uranium or thorium processing...


(a) Any licensee of an active uranium or thorium processing site that has incurred costs of remedial action for the site that are attributable to byproduct material generated as...


which a licensee may be reimbursed must be for remedial action that a licensee demonstrates is attributable to byproduct material generated as an incident of sales to the...


(a) The amounts of $6.25 (as specified in Sec. 765.2(e) of this rule) $350 million (as specified in Sec. 765.2(f) of this rule), $365 million (as specified in Sec. 765.2(g)...


claims. (a) All costs of remedial action for which reimbursement is claimed must be supported by reasonable documentation as specified in...


claims. (a) The Department will conduct a preliminary review of each claim within 60 days after the claim submission deadline announced in the...


(a) Any appeal by a licensee of any Department determination subject to the requirements of this part, shall invoke the appeals process specified in paragraph (b) of...


The Department shall prepare annually a report summarizing pertinent information concerning claims submitted in the previous calendar year, the status of the Department's...


accordance with a plan for subsequent remedial action. (a) This section establishes procedures governing reimbursements of costs of remedial action incurred...


remedial action. (a) The Department shall authorize reimbursement of costs of remedial action, incurred in accordance with an approved plan for subsequent...


(a) No later than December 31, 2008, the Department shall determine if the aggregate amount authorized for appropriation pursuant to section 1003 of the Act (42...


The provisions of this part establish procedures for the Special Assessment of domestic utilities for the Uranium Enrichment Decontamination and Decommissioning Fund pursuant...


[Code of Federal Regulations] [Title 10, Volume 4] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR766.2] [Page 437] TITLE 10--ENERGY CHAPTER III--DEPARTMENT OF ENERGY PART 766_URANIUM ENRICHMENT DECONTAMINATION AND DECOMMISSIONING FUND; PROCEDURES FOR SPECIAL ASSESSMENT OF DOMESTIC UTILITIES--Table of Contents Subpart A_General Sec. 766.2 Applicability. This part applies to all domestic utilities in the United States that purchased separative work units from the DOE between 1945 and October 23, 1992. ...


For the purposes of this part, the following terms shall be defined as follows: CPI-U means the Consumer Price Index for all-urban consumers published by the Department...


[Code of Federal Regulations] [Title 10, Volume 4] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR766.100] [Page 437] TITLE 10--ENERGY CHAPTER III--DEPARTMENT OF ENERGY PART 766_URANIUM ENRICHMENT DECONTAMINATION AND DECOMMISSIONING FUND; PROCEDURES FOR SPECIAL ASSESSMENT OF DOMESTIC UTILITIES--Table of Contents Subpart B_Procedures for Special Assessment Sec. 766.100 Scope. This subpart sets forth the procedures for the Special Assessment of domestic utilities for funds to be deposited in the Fund. ...


DOE shall use the records from the Toll Enrichment Services System (TESS) and other records maintained by the Oak Ridge Operations Office in order to...


(a) Calculation of Domestic Utilities' Annual Assessment Ratio to the Fund. Domestic utilities shall be assessed annually for their share of the Fund....


invoices. (a) DOE shall issue annually a Special Assessment invoice to each domestic utility. This invoice will specify itemized quantities of enrichment...


and appeals. (a) A domestic utility requesting an adjustment shall, within 30 days from the date of a Special Assessment invoice, file a...


In the case of a late payment by a domestic utility of its Special Assessment, the domestic utility shall pay interest at the per annum rate (365-day...


future Special Assessments DOE shall accept prepayment of future Special Assessments upon request by a domestic utility. A domestic utility's liability for the...


at defense nuclear facilities for economic development. (b) This part also contains the procedures for a person or entity to request indemnification for any claim...


defense nuclear facilities, for the purpose of permitting economic development. (b) DOE may transfer, by lease only, improvements at defense nuclear facilities on...


of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)). (b) Individual proposals for transfers of property...


organization that represents a community adversely affected by DOE work force restructuring at a defense nuclear facility and that has the authority to enter...


economic development? (a) Field Office Managers annually make available to Community Reuse Organizations and other persons and entities a list of real property...


development? Any person or entity may request that specific real property be made available for transfer for economic development pursuant to procedures in Sec....


(a) Proposal. The transfer process starts when a potential purchaser or lessee submits to the Field Office Manager a proposal for the transfer of real property that...


DOE generally attempts to obtain fair market value for real property transferred for economic development, but DOE may agree to sell or lease such property for...


release of a hazardous substance or pollutant or contaminant attributable to DOE? (a) If an agreement for the transfer of real property for...


legal action? If DOE denies the claim, DOE must provide the person or entity with a notice of final denial of the claim by DOE by certified or registered mail. The...


part? For purposes of Sec. 770.9(a) of this part, a claim ``accrues'' on the date on which the person asserting the claim knew, or reasonably should have known, that...


Patent Compensation Board: (a) Proceedings to declare a patent affected with the public interest pursuant to section 153a of the Atomic Energy Act of 1954 (Pub. L....


(b) Application means the application filed by an applicant for a patent license, for the determination of a reasonable royalty fee, for an award, or for...


section 157 of the Atomic Energy Act of 1954. It was transferred to the Energy Research and Development Administration pursuant to section 104(d) of the Energy...


part should be addressed to: Chairman, Patent Compensation Board, U.S. Department of Energy, Webb Building, Room 1006, 4040 N. Fairfax Drive, Arlington, Virginia 22203....


applicant and shall state the applicant's name and address. If the applicant is a corporation, the application shall be signed by an authorized officer of the corporation, and...


[Code of Federal Regulations] [Title 10, Volume 4] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR780.6] [Page 446] TITLE 10--ENERGY CHAPTER III--DEPARTMENT OF ENERGY PART 780_PATENT COMPENSATION BOARD REGULATIONS--Table of Contents Subpart A_General Provisions Sec. 780.6 Department participation. The Department shall be a party to all proceedings under this part, and the Office of the General Counsel will represent the Department's interests before the Board. ...


[Code of Federal Regulations] [Title 10, Volume 4] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR780.7] [Page 446] TITLE 10--ENERGY CHAPTER III--DEPARTMENT OF ENERGY PART 780_PATENT COMPENSATION BOARD REGULATIONS--Table of Contents Subpart A_General Provisions Sec. 780.7 Designation of interested persons as parties. In any proceeding under this part, the Board shall admit as a party any person, upon application of such person or on the Board's own initiative, whose interest may be affected by the proceeding. ...


[Code of Federal Regulations] [Title 10, Volume 4] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR780.8] [Page 446] TITLE 10--ENERGY CHAPTER III--DEPARTMENT OF ENERGY PART 780_PATENT COMPENSATION BOARD REGULATIONS--Table of Contents Subpart A_General Provisions Sec. 780.8 Security. In any proceeding under this part, the Board shall take such steps as necessary pursuant to chapter 12 of the Act and section 181 of the Act to assure compliance with Department security regulations and the common defense. ...


the hearing and decision, shall be conducted pursuant to the rules of practice of the Department of Energy Board of Contract Appeals, 10 CFR part 1023, modified as...


[Code of Federal Regulations] [Title 10, Volume 4] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR780.10] [Page 446] TITLE 10--ENERGY CHAPTER III--DEPARTMENT OF ENERGY PART 780_PATENT COMPENSATION BOARD REGULATIONS--Table of Contents Subpart A_General Provisions Sec. 780.10 Decision of the Board. The decision of the Board in any proceeding under this part shall constitute the final action of the Department on the matter. ...


the transcript, and the final decision, shall be open to public inspection, except to the extent that such records or portions thereof are withheld from disclosure by...


When any person in the Department believes that the Department should declare a patent affected with the public interest pursuant to section 153a of the...


The Board will serve upon the patent owner and all other parties a written notice of the Department's proposed action to declare the patent affected with the public interest, and...


and request for hearing. (a) Any party may, within thirty (30) days after service of the notice or such other time as may be provided by the terms of the notice,...


If a timely request for a hearing is made by any party, the Board will proceed with a hearing and decision. If a hearing is not requested, the Board shall prepare...


patent affected with the public interest. A patent shall be declared to be affected with the public interest pursuant to section 153a of the Act upon the Board's...


An applicant for a license pursuant to section 153b(2) of the Act, under a patent which the Department has declared to be affected with the public interest, shall file...


Each application shall contain, in addition to the requirements specified in Sec. 780.5, the following information: (a) The activities in the production or utilization...


Any party within thirty (30) days after service of the notice of docketing of the application: (a) May file with the Board a response containing a...


If any party requests a hearing, the Board will proceed with a hearing and decision. If a hearing is not requested, the Board shall on the basis of the record prepare and...


issue a license. A license shall issue to the applicant to use the invention covered by the patent declared to be affected with the public interest pursuant to...


General Counsel. Following a determination to issue a patent license under section 153b(2) of the Act, the Board shall send the decision to the General Counsel...


license. (a) Upon receipt of the Board's decision and instruction to issue a patent license, the General Counsel shall issue a license which complies with...


An application to the Department, pursuant to section 153c of the Act, for the issuance of a license to use the invention or discovery covered by a patent useful in...


In addition to the information specified in Sec. 780.5, each application shall contain the following: (a) The applicant's contention, with supporting data, that...


Within thirty (30) days after the filing of the application, the Board will serve on all parties a notice of hearing to be held not later than sixty (60) days after the filing of...


may file a response with the Board containing a concise statement of the facts or law or any other relevant information in opposition to or in support of the application which...


[Code of Federal Regulations] [Title 10, Volume 4] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR780.44] [Page 449] TITLE 10--ENERGY CHAPTER III--DEPARTMENT OF ENERGY PART 780_PATENT COMPENSATION BOARD REGULATIONS--Table of Contents Subpart D_Application for a License Pursuant to Section 153c of the Atomic Energy Act of 1954 Sec. 780.44 Hearing and decision. In accordance with section 153d of the Act, the Board shall hold a hearing and issue a final decision on the application. ...


license. A license shall issue to the applicant to use the invention covered by the patent for the purposes stated in the application upon a final decision that: ...


General Counsel. When the Board decides to issue a patent license under section 153c of the Act, the Board shall send the decision to the General Counsel and instruct...


(a) Upon receipt of the Board's decision and instruction to issue a patent license, the General Counsel shall issue a license which complies with the following: ...


the Invention Secrecy Act (35 U.S.C. 183) Sec. 780.50 Applicants. (a) Any owner or licensee of a patent licensed under section 158 or subsections b or e...


1954 and the Invention Secrecy Act (35 U.S.C. 183) Sec. 780.51 Form and content. (a) Each application shall contain a statement of the applicant's...


the Invention Secrecy Act (35 U.S.C. 183) Sec. 780.52 Notice and hearing. The Board shall, in its discretion, afford the applicable party an opportunity for...


1954 and the Invention Secrecy Act (35 U.S.C. 183) Sec. 780.53 Criteria for decisions for royalties, awards and compensation. (a) In deciding a reasonable royalty fee...


patent applications, both domestic and foreign, vested in the United States of America, as represented by or in the custody of the Department...


America, as represented by or in the custody of the Department, normally will best serve the public interest when they are developed to the point of practical or...


by the Department of Energy Organization Act (Pub. L. 95-91; 42 U.S.C. 7101). (c) DOE invention means an invention covered by a U.S. or foreign patent or...


the General Counsel, Attention: Assistant General Counsel for Patents, U.S. Department of Energy, Washington, DC 20545. [[Page 454]] Types of Licenses...


revocable licenses to responsible applicants. However, when in the best interests of the United States and the general public, licenses may be restricted to...


invention only if: (1) The invention has been published as available for licensing pursuant to Sec. 781.61 for a period of at least six (6) months; (2) It does not...


exclusive, or partially exclusive licenses for inventions covered by this part when the Department determines that to do so would provide for an equitable exchange of patent...


for licensing under this part. In addition, a list of those DOE inventions that are protected in the United States will be published in the U.S. Patent and Trademark...


patent application under which a license is desired, which shall be credited towards royalty if royalties are charged, and must include the following information: ...


copy of the notice shall be sent to the Attorney General. The notice shall include: (1) Identification of the invention; (2) Identification of the proposed exclusive...


necessary to accomplish substantial utilization of the invention; (2) For failure of the licensee, upon bringing the invention to the point of practical or...


(2) A licensee or sublicensee whose license has been terminated, in whole or in part, pursuant to Sec. 781.64; and (3) A third party who has participated under Sec. 781.63...


license three years after such license was granted. The petition shall be sent to the Secretary, ATTN: Invention Licensing Appeal Board, and shall be verified...


in his license and covered by the licensed patent. Upon a determination that the Government is a necessary party, the licensee may join the Government of the United...


[Code of Federal Regulations] [Title 10, Volume 4] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR781.81] [Page 461] TITLE 10--ENERGY CHAPTER III--DEPARTMENT OF ENERGY PART 781_DOE PATENT LICENSING REGULATIONS--Table of Contents Sec. 781.81 Transfer of custody. The Department may enter into an agreement to transfer custody of any patent to another Government agency for purposes of administration, including the granting of licenses pursuant to this part. ...


the filing and disposition of claims asserted against the Department of Energy of infringement of privately owned rights in patented inventions or...


or copyrighted works is asserted against the Department of Energy, all necessary steps shall be taken to investigate and to settle administratively, to deny, or otherwise...


settle, deny, or otherwise dispose of all claims of patent and copyright infringement pursuant to 42 U.S.C. 2201(g), 2223, 5817(d) and 7261; the Foreign Assistance Act of...


patent or copyright infringement claim for compensation, asserted against the United States as represented by the Department of Energy under any of the applicable statutes cited...


regarding claims should be addressed to: General Counsel, ATTN: Assistant General Counsel for Patents, Office of the General Counsel, U.S. Department of...


infringement is received that does not meet the requirements set forth above in Sec. 782.5, the sender shall be advised in writing by the General Counsel: (1) That...


allegation of infringement in the performance of a Government contract, grant, or other arrangement to addressees other than those [[Page 464]] specified in Sec....


and discoveries resulting from the use of the following materials and services: (a) Source materials, special nuclear materials, and heavy water distributed by DOE...


waive any rights in inventions or discoveries where a person or a group of persons acting on behalf of the person requesting the irradiation service works at the DOE facility...


inventions [[Page 465]] made under contracts, grants, agreements, understandings or other arrangements with the Department of Energy (DOE). (b) This...


and Development Agreements [CRADAs], Work for Others and User Facility agreements, which includes research, development, or demonstration work, and includes any...


title to inventions conceived or first actually reduced to practice in the course of or under any contract, grant, agreement, understanding, or other arrangement entered into...


determining whether an advance waiver will best serve the interests of the United States and the general public, the Secretary or designee (currently the Assistant General Counsel...


invention. In determining whether such a waiver of an identified invention will best serve the interests of the United States and the general public, the Secretary...


the Naval Nuclear Propulsion Program or the nuclear weapons programs or other atomic energy defense activities of the Department of Energy, a contractor makes an invention...


class waivers is to be found at 42 U.S.C. 5908(c). Class waivers may be appropriate in situations where all members of a particular class would likely qualify for an advance...


Sec. 784.9. Such requests may be submitted by existing or prospective contractors in the case of requests for an advance waiver and by contractors, including successor...


be obtained from the Contracting Officer or Patent Counsel. All requests for advance and identified invention waivers shall include the following information: ...


[Code of Federal Regulations] [Title 10, Volume 4] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR784.10] [Page 472] TITLE 10--ENERGY CHAPTER III--DEPARTMENT OF ENERGY PART 784_PATENT WAIVER REGULATION--Table of Contents Sec. 784.10 Record of waiver determinations. The Assistant General Counsel for Technology Transfer and Intellectual Property shall maintain and periodically update a publicly available record of waiver determinations. ...


a waiver will depend upon the manner in which the considerations set forth in Sec. Sec. 784.4 or 784.5, and 784.6 if applicable, of this part relate to the facts...


foreign and domestic patent rights under a contract authorizes the use of this clause with any additions prescribed by the DOE Acquisition Regulations (48 CFR Chapter 9) or...


the effective date of the contract, on the effective date of the contract, even though the advance waiver may have been requested after that date; (b) For...


of this regulation is to set forth policies and procedures for the award and administration of loans to minority business enterprises. The loans are to assist such enterprises...


[Code of Federal Regulations] [Title 10, Volume 4] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR800.002] [Page 476] TITLE 10--ENERGY CHAPTER III--DEPARTMENT OF ENERGY PART 800_LOANS FOR BID OR PROPOSAL PREPARATION BY MINORITY BUSINESS ENTERPRISES SEEKING DOE CONTRACTS AND ASSISTANCE--Table of Contents Subpart A_General Sec. 800.002 Program management. Program management responsibility for financial assistance awarded under this regulation has been assigned to the Office of Minority Economic Impact. ...


For the purpose of this regulation: Act means the DOE Organization Act, Public Law 95-91, title II, as amended by the National Energy Conservation Policy Act, Public Law...


[Code of Federal Regulations] [Title 10, Volume 4] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR800.004] [Page 477] TITLE 10--ENERGY CHAPTER III--DEPARTMENT OF ENERGY PART 800_LOANS FOR BID OR PROPOSAL PREPARATION BY MINORITY BUSINESS ENTERPRISES SEEKING DOE CONTRACTS AND ASSISTANCE--Table of Contents Subpart A_General Sec. 800.004 Eligibility. In order to be eligible for a loan, an applicant must be a minority business enterprise as defined in Sec. 800.003. ...


applications. The Secretary will periodically issue an announcement soliciting applications under this regulation. The announcement will be published in the...


(a) Applications for loans shall be filed, one original and three copies with: Department of Energy, Washington, DC 20585, Attention: Announcement...


Panel. (a) Applications for loans under this regulation shall be reviewed by an Application Evaluation Panel, which shall be appointed by the...


Application Approving Official. (a) The Application Approving Official shall consider the results of the Panel's review under section 102 (c) or (d), and such...


(a) A loan under this regulation shall not exceed 75 percent of allowable costs of a bid or proposal to obtain a DOE contract or other agreement (such as a...


shall issue under this regulation only if the Secretary, having reviewed the action of the Application Approving Official, and having considered such other information as the...


(a) The loan shall be based upon a loan agreement and the borrower's separate promissory note for the proceeds of the loan, including interest. The agreement and note...


shall not make a loan in excess of $50,000, or make aggregate loans to the same minority business enterprise, including its affiliates, in any Federal fiscal year in excess...


the extent consistent with the Act, relevant appropriations acts, and other applicable statutes, DOE may deviate on an individual application basis from the requirements of...


(a) Servicing of a loan under this regulation may be performed by DOE, by another Federal agency, or by a servicing agent (commercial bank, broker, or other...


The Secretary shall have the right to audit any and all costs of the bid or proposal for which the loan is sought or made and to exclude or reduce the includible amount of any cost...


The Secretary may limit the loan by written notice to the borrower to those amounts, if any, already disbursed under the loan, if the Secretary has determined that the borower...


[Code of Federal Regulations] [Title 10, Volume 4] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR800.303] [Page 483] TITLE 10--ENERGY CHAPTER III--DEPARTMENT OF ENERGY PART 800_LOANS FOR BID OR PROPOSAL PREPARATION BY MINORITY BUSINESS ENTERPRISES SEEKING DOE CONTRACTS AND ASSISTANCE--Table of Contents Subpart D_Loan Administration Sec. 800.303 Assignment or transfer of loan. Assignment or transfer of the loan and obligations thereunder may be made only with the prior written consent of the Secretary. ...


In the event that the borrower fails to perform the terms and conditions of the loan, the borrower shall be in default and the Secretary shall have the right, at the Secretary's...


Information received from an applicant by DOE may be available to the public subject to the provision of 5 U.S.C. 552, 18 U.S.C. 1905 and 10 CFR part 1004; provided that: ...


Nothing in this regulation shall be construed to modify requirements imposed on the borrower by Federal, State and local government agencies in connection...


dispute concerning questions of fact arising under the loan agreement shall be decided in writing by the contracting officer. The borrower may request the contracting officer...


engage directly or indirectly in the production of special nuclear material outside the United States. Their purpose is to: (a) Indicate activities which have been...


the production of special nuclear material outside the United States. (b) Applies to activities conducted either in the United States or abroad by such persons or...


a ``production accelerator'' and which is designed or used for the purpose of producing or processing special nuclear material (SNM) or which a U.S. provider of...


20585. Attention: Director, Nuclear Transfer and Supplier Policy Division, NN- 43, Office of Arms Control and Nonproliferation. Telephone: (202) 586- 2331. ...


proposed activity falls outside the scope of this part, is generally authorized under Sec. 810.7, or requires [[Page 487]] specific authorization under Sec....


to directly or indirectly engage in the production of any special nuclear material outside of the United States except (1) as specifically authorized under an agreement...


following activities are generally authorized, provided no sensitive nuclear technology is transferred: (a) Furnishing public information as defined in Sec. 810.3; ...


Secretary of Energy before: (a) Engaging directly or indirectly in the production of special nuclear material in any of the following countries. Countries marked with...


489]] (a) Is limited to activities involving only unclassified information and does not permit furnishing Restricted Data or other...


required may apply for the authorization to the U.S. Department of Energy, National Nuclear Security Administration, Washington, DC 20585, Attention: Director, Nuclear Transfer...


(a) For any material false statement in an application for specific authorization or in any additional information submitted in its support; (b) For failing to provide...


name, address, and citizenship of the applicant, and complete disclosure of all real parties in interest; if the applicant is a corporation or other legal entity, where it...


the Department of Energy a report containing the following information: (1) The name, address, and citizenship of the person submitting the report; (2) The...


[Code of Federal Regulations] [Title 10, Volume 4] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR810.14] [Page 490] TITLE 10--ENERGY CHAPTER III--DEPARTMENT OF ENERGY PART 810_ASSISTANCE TO FOREIGN ATOMIC ENERGY ACTIVITIES--Table of Contents Sec. 810.14 Additional information. The Department of Energy may at any time require a person engaging in any generally or specifically authorized activity to submit additional information. ...


prevent any person from violating any provision of the Atomic Energy Act or its implementing regulations. (2) Any person convicted of violating or conspiring or attempting...


not affect the validity or terms of any specific authorizations granted under regulations in effect before April 26, 2000 (and contained in the 10 CFR, part 500 to end,...


of [[Page 492]] persons involved in DOE nuclear activities and, in particular, to achieve compliance with the DOE Nuclear Safety Requirements by all...


Atomic Energy Act of 1954, as amended. Administrative Law Judge means an Administrative Law Judge appointed under 5 U.S.C. 3105. Consent Agreement means any...


of an assessment of a civil penalty contained in a Final Notice of Violation, no person shall participate in a decision- making function in an...


any matter in which he has a financial interest or has any relationship that would make it inappropriate for him to act. A DOE Official shall withdraw at any time from...


on the addressee of the document and shall not be considered filed until service is complete and unless accompanied by proof of service; provided that the filing with the...


in this part, except as otherwise provided, the day of the event from which the designated period begins to run shall not be included. Saturdays, Sundays, and Federal...


ruling order, or action decision of a DOE Official except as permitted by this section. A Presiding Officer in an enforcement adjudication may certify, in his discretion,...


the full and complete investigation of any matter related to a DOE nuclear activity or for any decision required by this part. A DOE Official may sign, issue and serve...


the DOE Official in the conduct of any proceeding under this part. Such appointment may occur at any appropriate time. A special assistant shall be subject to...


enforcement actions commencing with the issuance of a Preliminary Notice of Violation, interpretations issued pursuant to subpart D of this part, exemptions issued pursuant...


DOE by any person or maintained by any person for inspection by DOE shall be complete and accurate in all material respects. (b) No person involved in a DOE nuclear...


charge of a proceeding under this part may utilize any procedures deemed appropriate to safeguard and prevent disclosure of classified, confidential, and controlled...


the nature and extent of violations of the DOE Nuclear Safety Requirements, for determining, whether a violation has occurred, for imposing an appropriate remedy,...


relating to the scope, nature and extent of compliance by a person with the Act and the DOE Nuclear Safety Requirements and take such action as he deems necessary...


situation that might be a violation of the Act or a DOE Nuclear Safety Requirement, its significance and cause, any correction taken or not taken by the person, any mitigating...


at any time if the settlement is consistent with the objectives of the Act and the DOE Nuclear Safety Requirements. The Director and a person may confer at any...


violated or is continuing to violate a provision of the Act or a DOE Nuclear Safety Requirement, he may file a Preliminary Notice of Violation. The Notice and any...


the respondent, the Director determines that a person violated or is continuing to violate a provision of the Act or a DOE Nuclear Safety Requirement, he may file a...


enforcement adjudication is initiated and the Docketing Clerk shall notify the Secretary who shall appoint an Administrative Law Judge to be the...


to Sec. 820.25, a written answer to the Final Notice of Violation shall be filed at the same time the request is filed. (b) Contents of the answer. The...


the adjudication and take such other actions as he determines appropriate to conduct the adjudication in a fair and expeditious manner. (b) Prehearing conference....


a hearing shall be conducted in accordance with the Federal Rules of Evidence. The Presiding Officer shall have the discretion to admit all evidence that is not...


the hearing, or within such longer time as may be fixed by the Presiding Officer, any party may [[Page 503]] file for the consideration of the Presiding...


as soon as practicable after the period for filing reply briefs under 820.30 has expired. The Initial Decision shall contain findings of fact, conclusions regarding...


as a Final Order thirty days after the filing of the Initial Decision unless the Secretary files a Final Order that modifies the Initial Decision or the Secretary files...


of a Notice of Intent to issue a Default Order sua sponte, may find a party to be in default if the party fails to comply with the provisions of this part or an order of...


or sua sponte, may at any time render an Accelerated Decision in favor of the Director or the respondent as to all or any part of the adjudication, without further hearing...


of the assessment of a civil penalty shall a DOE Official, or any person who is likely to advise a DOE Official in the decision on the case, discuss ex parte the...


original and three copies of any document in an enforcement proceeding shall be filed with the Docketing Clerk commencing with the filing of a Preliminary Notice...


Director and the respondent shall be the only parties; provided that the Presiding Officer may permit a person to intervene as a party if the person demonstrates it could...


sua sponte, consolidate any or all matters at issue in two or more enforcement adjudications under this part where there exists common parties or common questions of fact...


shall be in writing, state the grounds therefor with particularity, set forth the relief or order sought, and be accompanied by any affidavit, certificate, other...


prevent, rectify or penalize violations of the Act, a Nuclear Statute, or a DOE Nuclear Safety Requirement and to require action consistent with the Act, a Nuclear Statute, or...


a Compliance Order that: (a) Identifies a situation that violates, potentially violates, or otherwise is inconsistent with the Act, a Nuclear Statute, or a...


[Code of Federal Regulations] [Title 10, Volume 4] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR820.42] [Page 505] TITLE 10--ENERGY CHAPTER III--DEPARTMENT OF ENERGY PART 820_PROCEDURAL RULES FOR DOE NUCLEAR ACTIVITIES--Table of Contents Subpart C_Compliance Orders Sec. 820.42 Final order. A Compliance Order is a Final Order that constitutes a DOE Nuclear Safety Requirement that is effective immediately unless the Order specifies a different effective date. ...


the Order may request the Secretary to rescind or modify the Order. A request shall not stay the effectiveness of a Compliance Order unless the Secretary issues an order to...


and DOE Nuclear Safety Requirements. Any written or oral response to any written or oral question which is not provided pursuant to this subpart does not constitute...


[Code of Federal Regulations] [Title 10, Volume 4] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR820.51] [Page 506] TITLE 10--ENERGY CHAPTER III--DEPARTMENT OF ENERGY PART 820_PROCEDURAL RULES FOR DOE NUCLEAR ACTIVITIES--Table of Contents Subpart D_Interpretations Sec. 820.51 General Counsel. The General Counsel shall be the DOE Official responsible for formulating and issuing any interpretation concerning the Act, a Nuclear Statute or a DOE Nuclear Safety Requirement. ...


comply with his responsibilities under this subpart. All interpretations issued under this subpart must be filed with the Office of the Docketing Clerk which shall maintain...


[Code of Federal Regulations] [Title 10, Volume 4] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR820.60] [Page 506] TITLE 10--ENERGY CHAPTER III--DEPARTMENT OF ENERGY PART 820_PROCEDURAL RULES FOR DOE NUCLEAR ACTIVITIES--Table of Contents Subpart E_Exemption Relief Sec. 820.60 Purpose and scope. This subpart provides for exemption relief from provisions of DOE Nuclear Safety Requirements at nuclear facilities. ...


to which a DOE Nuclear Safety Requirement relates may grant a temporary or permanent exemption from that requirement as requested by any person subject to its...


determinations that the exemption: (a) Would be authorized by law; (b) Would not present an undue risk to public health and safety, the environment, or...


appropriate to comply with his responsibilities under this subpart. All exemption decisions must set forth in writing the reasons for granting or denying the exemption, and...


not limited to, provisions that : (a) Limit its duration; (b) Require alternative action; (c) Require partial compliance; or (d) Establish a...


no regulatory provision for an implementation plan or schedule, an exemption may be granted to establish an implementation plan which reasonably demonstrates that...


the person requesting the exemption may file a Request to Review with the Secretary, or the Secretary may file, sua sponte, a Notice of Review. The Request to...


Final Order fifteen (15) days after it is filed by a Secretarial Officer. If filing is made under Sec. 820.66, an exemption decision becomes a Final Order 45 days after it...


[Code of Federal Regulations] [Title 10, Volume 4] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR820.70] [Page 507] TITLE 10--ENERGY CHAPTER III--DEPARTMENT OF ENERGY PART 820_PROCEDURAL RULES FOR DOE NUCLEAR ACTIVITIES--Table of Contents Subpart F_Criminal Penalties Sec. 820.70 Purpose and scope. This subpart provides for the identification of criminal violations of the Act or DOE Nuclear Safety Requirements and the referral of such violations to the Department of Justice. ...


by act or omission, knowingly and willfully violated, caused to be violated, attempted to violate, or conspired to violate any section of the Act or any applicable DOE...


the Act or the DOE Nuclear Safety Requirements has occurred, DOE may refer the matter to the Attorney General of the United States for investigation...


This subpart implements the Federal Civil Penalties Inflation Adjustment Act of 1990 (the Act) (Pub. L. 101-410), as amended by the Debt Collection Improvement Act of...


This subpart implements the Federal Civil Penalties Inflation Adjustment Act of 1990 (the Act) (Pub. L. 101-410), as amended by the Debt Collection Improvement Act of...
...


[Code of Federal Regulations] [Title 10, Volume 4] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR830.1] [Page 518] TITLE 10--ENERGY CHAPTER III--DEPARTMENT OF ENERGY PART 830_NUCLEAR SAFETY MANAGEMENT--Table of Contents Sec. 830.1 Scope. This part governs 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. ...


an Agreement with the NRC, including activities certified by the NRC under section 1701 of the Atomic Energy Act (Act); [[Page 519]] (b) Activities...


recordkeeping, assessment, and reporting necessary to ensure safe operation of a facility. Bases appendix means an appendix that describes the basis of the...


a nuclear facility must ensure implementation of, and compliance with, the requirements of this part. (c) The requirements of this part must be implemented in a...


[Code of Federal Regulations] [Title 10, Volume 4] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR830.5] [Page 522] TITLE 10--ENERGY CHAPTER III--DEPARTMENT OF ENERGY PART 830_NUCLEAR SAFETY MANAGEMENT--Table of Contents Sec. 830.5 Enforcement. The requirements in this part are DOE Nuclear Safety Requirements and are subject to enforcement by all appropriate means, including the imposition of civil and criminal penalties in accordance with the provisions of 10 CFR Part 820. ...


[Code of Federal Regulations] [Title 10, Volume 4] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR830.6] [Page 522] TITLE 10--ENERGY CHAPTER III--DEPARTMENT OF ENERGY PART 830_NUCLEAR SAFETY MANAGEMENT--Table of Contents Sec. 830.6 Recordkeeping. A contractor must maintain complete and accurate records as necessary to substantiate compliance with the requirements of this part. ...


used, and submit that documentation to DOE. The graded approach may not be used in implementing the unreviewed safety question (USQ) process or in implementing technical...


[Code of Federal Regulations] [Title 10, Volume 4] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR830.120] [Page 522] TITLE 10--ENERGY CHAPTER III--DEPARTMENT OF ENERGY PART 830_NUCLEAR SAFETY MANAGEMENT--Table of Contents Subpart A_Quality Assurance Requirements Sec. 830.120 Scope. This subpart establishes quality assurance requirements for contractors conducting activities, including providing items or services, that affect, or may affect, nuclear safety of DOE nuclear facilities. ...


or services, that affect, or may affect, the nuclear safety of DOE nuclear facilities must conduct work in accordance with the Quality Assurance criteria in Sec....


assessment criteria: (a) Criterion 1--Management/Program. (1) Establish an organizational structure, functional responsibilities, levels of authority, and...


[Code of Federal Regulations] [Title 10, Volume 4] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR830.200] [Page 524] TITLE 10--ENERGY CHAPTER III--DEPARTMENT OF ENERGY PART 830_NUCLEAR SAFETY MANAGEMENT--Table of Contents Subpart B_Safety Basis Requirements Sec. 830.200 Scope. This Subpart establishes safety basis requirements for hazard category 1, 2, and 3 DOE nuclear facilities. ...


hazard category 1, 2, or 3 DOE nuclear facility and, in particular, with the hazard controls that ensure adequate protection of workers, the public, and...


must establish and maintain the safety basis for the facility. (b) In establishing the safety basis for a hazard category 1, 2, or 3 DOE nuclear facility, the...


2, or 3 DOE nuclear facility must establish, implement, and take actions consistent with a USQ process that meets the requirements of this section. (b) The contractor...


facility must obtain approval from DOE for the methodology used to prepare the documented safety analysis for the facility unless the contractor uses a methodology set...


DOE nuclear facility must: (1) Develop technical safety requirements that are derived from the documented safety analysis; (2) Prior to use, obtain DOE approval...


for a hazard category 1, 2, or 3 new DOE nuclear facility or a major modification to a hazard category 1, 2, or 3 DOE nuclear facility must: (a) Prepare...


for a hazard category 1, 2, or 3 new DOE nuclear facility or a major modification to a hazard category 1, 2, or 3 DOE nuclear facility must: (a) Prepare...
...


and program requirements for protecting individuals from ionizing radiation resulting from the conduct of DOE activities. (b) Exclusion. Except as discussed in paragraph (c)...


sealed radioactive source having a half-life equal to or greater than 30 days and an isotopic activity equal to or greater than the corresponding value provided in appendix E...


with the requirements of: (1) This part; or (2) Any program, plan, schedule, or other process established by this part. (b) With respect to a particular...


this part shall be clearly indicated in special units of curie, rad, roentgen, or rem, including multiples and subdivisions of these units. The SI units, becquerel (Bq), gray...


compliance with a documented radiation protection program (RPP) as approved by the DOE. (b) The DOE may direct or make modifications to a RPP. (c) The content of each...


of program content and implementation, shall be conducted through a process that ensures that all functional elements are reviewed no less frequently than every...


necessary for ensuring compliance with the requirements of this part shall have the appropriate education, training, and skills to discharge...


to ensure compliance with this part, commensurate with the radiological hazards created by the activity and consistent with the education, training, and skills of...


conducted consistent with Sec. 835.204 and emergency exposures authorized in accordance with Sec. 835.1302, the occupational dose received by general employees shall...


during a year shall be determined by summing the effective dose equivalent from external exposures and the committed effective dose equivalent from intakes during...


a radiological worker to receive doses in addition to and accounted for separately from the doses received under the limits specified in [[Page 541]] Sec....


of the skin from X-rays, beta radiation, and/or radioactive material on the skin are to be assessed as specified in this section. (b) For purposes...


the period of conception to birth, as a result of occupational exposure of a declared pregnant worker, is 0.5 rem (0.005 sievert). (b) Substantial variation above a...


to radiation and/or radioactive materials at a DOE activity are 0.1 rem (0.001 sievert) total effective dose equivalent in a year and 10% of the occupational...


equivalent limit for members of the public exposed to radiation and/or radioactive material during access to a controlled area is 0.1 rem (0.001 sievert) in a...


values given in appendices A and C of this part shall be used in the control of occupational exposures to airborne radioactive material. (b) The estimation of...


(1) Demonstrate compliance with the regulations in this part; (2) Document radiological conditions; (3) Detect changes in radiological conditions; (4)...


external radiation, personnel dosimeters shall be provided to and used by: (1) Radiological workers who, under typical conditions, are likely to receive one or more of...


(1) Where an individual is likely to receive an exposure of 40 or more DAC-hours in a year; or (2) As necessary to characterize the airborne radioactivity hazard...


of radioactive material in excess of a Type A quantity (as defined at 10 CFR 71.4) are expected to be received from radioactive material transportation, arrangements...


(b) The degree of control shall be commensurate with existing and potential radiological hazards within the area. (c) One or more of the following...


each entry into a high radiation area: (1) The area shall be monitored as necessary during access to determine the exposure rates to which the individuals are exposed;...


required by this subpart shall include the standard radiation warning trefoil in black or magenta imposed upon a yellow background. (b) Signs required by this subpart...


be posted whenever radiological areas or radioactive material areas exist in the area. Individuals who enter only controlled areas without entering radiological areas...


radioactive material areas (as defined at Sec. 835.2) shall be posted with conspicuous signs bearing the wording provided in this section. (a) Radiation area. The...


Sec. 835.603 for periods of less than 8 continuous hours when placed under continuous observation and control of an individual knowledgeable of, and empowered to...


radioactive material shall bear a durable, clearly visible label bearing the standard radiation warning trefoil and the words ``Caution, Radioactive Material'' or...


labeling requirements of Sec. 835.605 when: (1) Used, handled, or stored in areas posted and controlled in accordance with this subpart and...


with radiation protection programs required by Sec. 835.101. (b) Unless otherwise specified in this subpart, records shall be retained until final disposition is authorized...


all individuals for whom monitoring was required pursuant to Sec. 835.402 and to document doses received during planned special exposures, unplanned doses exceeding the...


(a) Results of monitoring for radiation and radioactive material as required by subparts E and L of this part, except for monitoring required by Sec. 835.1102(d); (b) Results...


with Sec. Sec. 835.901. (b) Actions taken to maintain occupational exposures as low as reasonably achievable, including the actions required for this purpose...


accordance with Sec. 835.402 shall be reported as specified in [[Page 548]] this section. The information shall include the data required under Sec. 835.702(c)....


on the topics established at Sec. 835.901(c) commensurate with the hazards in the area and the required controls: (1) Before being permitted unescorted access...


areas ALARA through physical design features and administrative control. The primary methods used shall be physical design features (e.g., confinement, ventilation,...


existing facilities, the following objectives shall be adopted: (a) Optimization methods shall be used to assure that occupational exposure is maintained ALARA in developing...


administrative controls shall provide that: (a) The anticipated occupational dose to general employees shall not exceed the limits established at Sec. 835.202; and ...


noted. (a) Except as provided in paragraphs (b) and (c) of this section, material and equipment in contamination areas, high contamination areas, and...


the inadvertent transfer of removable contamination to locations outside of radiological areas under normal operating conditions. (b) Any area in which...


Sealed radioactive sources shall be used, handled, and stored in a manner commensurate with the hazards associated with operations involving...


shall be inventoried at intervals not to exceed six months. This inventory shall: (1) Establish the physical location of each accountable sealed radioactive...


numerical value of any of the limits specified in Sec. 835.202 as a result of an authorized emergency exposure may be permitted to return to work in radiological areas...


rescue and recovery operations shall be minimized. (b) Operating management shall weigh actual and potential risks against the benefits to be gained. (c) No...


rescue and recovery operations shall be minimized. (b) Operating management shall weigh actual and potential risks against the benefits to be gained. (c) No...
...


apply, and to other persons indemnified with respect to such activities. (b) Purpose. One purpose of this subpart is to set forth the criteria which the DOE proposes...


In the event DOE does not so initiate the making of a determination, any affected person, or any person with whom an indemnity agreement is executed may petition DOE for...


it will make the determination that there has been an extraordinary nuclear occurrence. If the DOE publishes a notice in the Federal Register in accordance with Sec. 840.2(a)...


or dispersal of radioactive material offsite, or that there have been substantial levels of radiation offsite, when as a result of an event comprised of one or...


will determine that the event has resulted or will probably result in substantial damages to persons offsite or property offsite if any of the following findings are made: ...


supplements and is integrated into existing worker protection programs that are established for Department of Energy (DOE) employees and DOE...


activities that involve present or past exposure, or the potential for exposure, to beryllium at DOE facilities; (2) DOE contractors with operations or activities...


concentration of beryllium established pursuant to section 850.23 of this part that, if met or exceeded, requires the implementation of worker protection provisions...


[Code of Federal Regulations] [Title 10, Volume 4] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR850.4] [Page 573] TITLE 10--ENERGY CHAPTER III--DEPARTMENT OF ENERGY PART 850_CHRONIC BERYLLIUM DISEASE PREVENTION PROGRAM--Table of Contents Subpart A_General Provisions Sec. 850.4 Enforcement. DOE may take appropriate steps under its contracts with DOE contractors to ensure compliance with this part. These steps include, but are not limited to, contract termination or reduction in fee. ...


who is adversely affected by an action taken, or failure to act, under this part may petition the Office of Hearings and Appeals for relief in accordance with 10 CFR part...


initial CBDPP to DOE. (1) The responsible employer at a DOE facility must ensure that a CBDPP is prepared for the facility and submitted to the appropriate Head of DOE Field...


tasks that are within the scope of the CBDPP. The CBDPP must augment and, to the extent feasible, be integrated into the existing worker protection programs that...


in all DOE beryllium activities consistent with the approved CBDPP. (b) No person employed by DOE or a DOE contractor may take or cause any...


its CBDPP. (b) The responsible employer must achieve compliance with all elements of its CBDPP no later than January 7, 2002. (c) With respect to a...


baseline inventory of the locations of beryllium operations and other locations of potential beryllium contamination, and identify the workers exposed or potentially exposed...


beryllium, the responsible employer must conduct a beryllium hazard assessment that includes an analysis of existing conditions, exposure data, medical surveillance trends, and...


exposed to an airborne concentration of beryllium greater than the permissible exposure limit established in 29 CFR 1910.1000, as measured in the worker's breathing zone...


level that is no greater than 0.2 [mu]g/m3, calculated as an 8-hour TWA exposure, as measured in the worker's breathing zone by personal monitoring. (b)...


(1) Exposure monitoring is managed by a qualified individual (e.g., a certified industrial hygienist); and (2) The individuals assigned to this task have sufficient...


that no worker is exposed above the exposure limit prescribed in Sec. 850.22. (b) The responsible employer must, in addition: (1) Where exposure levels are at or...


are measured at or above the action level, the responsible employer must establish regulated areas for those areas. (b) The responsible employer must...


that in areas where workers are exposed to beryllium at or above the action level, without regard to the use of respirators: (1) Food or beverage and tobacco products...


program that complies with the respiratory protection program requirements of 29 CFR 1910.134, Respiratory Protection. (b) The responsible employer must...


clothing and equipment to beryllium workers and ensure its appropriate use and maintenance, where dispersible forms of beryllium may contact worker's skin, enter...


responsible employer must conduct routine surface sampling to determine housekeeping conditions. Surfaces contaminated with beryllium dusts and waste must not exceed...


and other items to the lowest contamination level practicable, but not to exceed the levels established in paragraphs (b) and (c) of this section, and label...


waste, and beryllium-contaminated equipment and other items that are disposed of as waste, through the application of waste minimization principles. ...


for handling beryllium emergencies related to decontamination and decommissioning operations. (b) The responsible employer must comply with 29 CFR 1910.120(q)...


implement a medical surveillance program for beryllium-associated workers who voluntarily participate in the program. (2) The responsible employer must designate a...


offer a beryllium-associated worker medical removal from exposure to beryllium if the SOMD determines in a written medical opinion that it is medically appropriate to...


with a summary of the medical surveillance program established in Sec. 850.34 at least one week before the first medical evaluation or procedure or at any...


a beryllium training program and ensure participation for: (1) Beryllium-associated workers; (2) All other individuals who work at a site where...


warning signs at each access point to a regulated area with the following information: DANGER BERYLLIUM CAN CAUSE LUNG DAMAGE CANCER HAZARD AUTHORIZED...


and maintain accurate records of all beryllium inventory information, hazard assessments, exposure measurements, exposure controls, and medical surveillance. (b)...


assessments of monitoring activities, hazards, medical surveillance, exposure reduction and minimization, and occurrence reporting data. (b) To ensure that...


part implements Part D of the Act by establishing the procedures under which: (1) An individual may obtain and submit an application to the Program Office for review...


Act means the Energy Employees Occupational Illness Compensation Program Act of 2000, 42 U.S.C. 7384 et seq. Applicant means an individual seeking assistance from the...


and assistance? (a) An individual obtains an application for review and assistance: (1) In person from the Program Office, from any of the Resources...


a part of the application for review and assistance? (a) As a part of the application for review and assistance, an individual must submit, in writing: (1)...


a submission of an application to a Physician Panel? (a) Upon receipt of an application and the Program Office's determination that the application meets...


(a) The Program Office must submit an application and any information submitted under Sec. 852.5 of this part to a Physician Panel if there is reasonable evidence to make...


DOE may not execute a State Agreement that does not contain the following provisions: (a) A statement that an application is submitted to a Physician Panel only if...


out of and in the course of employment by a DOE contractor and exposure to a toxic substance at a DOE facility? A Physician Panel must determine...


determination? The Physician Panel must review all records relating to the application that are provided by the Program Office, including but not limited to: ...


a consultation that it needs to make a determination? If, after reviewing all materials provided by the Program Office, a Physician Panel finds that it needs...


at a determination? (a) Each panel member reviews all materials relating to the application. (b) All panel members meet in conference, in person, or...


A Physician Panel must submit its determination under Sec. 852.8 and the findings that provide the basis for its determination to the Program Office. The determination and...


(a) A Physician Panel must submit its determination and findings to the Program Office within 30 working days of the time that panel members have received the complete...


specialist take in order to keep an applicant's personal and medical information confidential? In order to maintain the confidentiality of an...


a potential conflict of interest in relation to a specific application? (a) If a panel member has a past or present relationship with an applicant,...


application that has undergone prior Physician Panel review? The Program Office may direct the original Physician Panel or a different Physician Panel to reexamine...


(a) Subject to the ability of the Program Office to direct a reexamination pursuant to Sec. 852.16, the Program Office must accept the determination by...


request DOE's Office of Hearings and Appeals (OHA) to review: (1) A decision by the Program Office not to submit an application to a Physician Panel; (2) A...


a determination by a Physician Panel in favor of an applicant? In the event the Program Office accepts a determination by a Physician Panel in favor of...


[Code of Federal Regulations] [Title 10, Volume 4] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR860.1] [Page 593] TITLE 10--ENERGY CHAPTER III--DEPARTMENT OF ENERGY PART 860_TRESPASSING ON DEPARTMENT OF ENERGY PROPERTY--Table of Contents Sec. 860.1 Purpose. The regulations in this part are issued for the protection and security of facilities, installations and real property subject to the jurisdiction or administration, or in the custody of, the Department of Energy. ...


[Code of Federal Regulations] [Title 10, Volume 4] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR860.2] [Page 593] TITLE 10--ENERGY CHAPTER III--DEPARTMENT OF ENERGY PART 860_TRESPASSING ON DEPARTMENT OF ENERGY PROPERTY--Table of Contents Sec. 860.2 Scope. The regulations in this part apply to all facilities, installations and real property subject to the jurisdiction or administration of the Department of Energy or in its custody which have been posted with a notice of the prohibitions and penalties set forth in this part. ...


[Code of Federal Regulations] [Title 10, Volume 4] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR860.3] [Page 593] TITLE 10--ENERGY CHAPTER III--DEPARTMENT OF ENERGY PART 860_TRESPASSING ON DEPARTMENT OF ENERGY PROPERTY--Table of Contents Sec. 860.3 Trespass. Unauthorized entry upon any facility, installation or real property subject to this part is prohibited. ...


any dangerous weapon, explosive, or other dangerous instrument or material likely to produce substantial injury or damage to persons or property, into or upon any...


by a fine of not more than $5,000. (b) Whoever willfully violates either Sec. 860.3 or Sec. 860.4 with respect to any facility, installation or real...


all entrances of each designated facility, installation or parcel of real [[Page 594]] property and at such intervals along the perimeter as will...


or real property on publication in the Federal Register of the notice designating the facility, installation or real property and posting in accordance with Sec....


[Code of Federal Regulations] [Title 10, Volume 4] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR860.8] [Page 594] TITLE 10--ENERGY CHAPTER III--DEPARTMENT OF ENERGY PART 860_TRESPASSING ON DEPARTMENT OF ENERGY PROPERTY--Table of Contents Sec. 860.8 Applicability of other laws. Nothing in this part shall be construed to affect the applicability of the provisions of State or other Federal laws. ...


[Code of Federal Regulations] [Title 10, Volume 4] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR861.1] [Page 594] TITLE 10--ENERGY CHAPTER III--DEPARTMENT OF ENERGY PART 861_CONTROL OF TRAFFIC AT NEVADA TEST SITE--Table of Contents Sec. 861.1 Purpose. The regulations in this part are designed to facilitate the control of traffic at the Nevada Test Site. ...


[Code of Federal Regulations] [Title 10, Volume 4] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR861.2] [Page 594] TITLE 10--ENERGY CHAPTER III--DEPARTMENT OF ENERGY PART 861_CONTROL OF TRAFFIC AT NEVADA TEST SITE--Table of Contents Sec. 861.2 Scope. This part applies to all persons who use the streets of the Nevada Test Site. ...


Nye County, Nev. A perimeter description is attached as Appendix A to this part. (c) Nevada Test Site Traffic Regulations means the traffic directives promulgated by...


Site Traffic Regulations supplement this section by identifying the specific traffic requirements relating to such matters as: (1) Enforcement and obedience to...


[Code of Federal Regulations] [Title 10, Volume 4] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR861.5] [Page 595] TITLE 10--ENERGY CHAPTER III--DEPARTMENT OF ENERGY PART 861_CONTROL OF TRAFFIC AT NEVADA TEST SITE--Table of Contents Sec. 861.5 Penalties. Any person doing any act forbidden or failing to do any act required by the Nevada Test Site Traffic Regulations shall, upon conviction, be punishable by a fine of not more than $50 or imprisonment for not more than 30 days, or both. ...


Site. Such other distribution of the Nevada Test Site Regulations will be made by the Manager as will provide reasonable assurance of notice to persons subject to...


laws. Appendix A to Part 861--Perimeter Description of DOE's Nevada Test Site The Nevada Test Site, containing approximately 858,764 acres located in Nye...


policy regarding aircraft and air delivery on nuclear sites under the jurisdiction of DOE pursuant to the Atomic Energy Act of 1954, as amended (42 U.S.C. 2011...


within the boundaries of lands or waters subject to the jursidiction, administration, or in the custody of the DOE at sites designated by DOE. (b) This part is...


but not limited to, aircraft. (b) Aircraft. A manned a unmanned device or any portion thereof, that is commonly used or intended to be used for flight in the...


(1) Operation or use of aircraft on lands or waters of designated sites. (2) Air delivery to or from designated sites. (3) Removal or movement of downed aircraft,...


except as provided in Sec. 862.2 (b)(1), shall not be moved within or removed from such areas except as provided for in this section. All such aircraft are subject to...


are requested to maintain a minimum altitude of 2,000 feet above the terrain of a designated site. Applicable FAA prohibitions or restrictions take precedence...


with the national security and public safety, through notice in the Federal Register. (b) This part shall be effective as to any facility, installation, or...


meaning of section 502(2) of Public Law 94-187: (1) Shipments made in support of the development, production, testing, sampling, maintenance, repair, modification,...


may authorize, on a case-by-case basis, DOE air shipments of plutonium where they determine that rapid shipment by air is required to respond to an...


[Code of Federal Regulations] [Title 10, Volume 4] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR871.3] [Page 599] TITLE 10--ENERGY CHAPTER III--DEPARTMENT OF ENERGY PART 871_AIR TRANSPORTATION OF PLUTONIUM--Table of Contents Sec. 871.3 Records. Determinations made by the authorizing officials pursuant to these rules shall be matters of record. Such authorizations shall be reported to the Assistant Administrator for National Security within twenty-four hours after authorization is granted. ...


[Code of Federal Regulations] [Title 10, Volume 4] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR871.4] [Page 599] TITLE 10--ENERGY CHAPTER III--DEPARTMENT OF ENERGY PART 871_AIR TRANSPORTATION OF PLUTONIUM--Table of Contents Sec. 871.4 Limitation on redelegation of authority. The authority delegated in this part may not be redelegated without the prior approval of the Assistant Administrator for National Security. ...


Power Administrations Sec. 903.1 Purpose and scope; application. (a) Except as otherwise provided herein, these regulations establish procedures for...


Power Administrations Sec. 903.2 Definitions. As used herein-- (a) Administrator means the Administrator of the PMA whose rate is involved in the...


Power Administrations Sec. 903.11 Advance announcement of rate adjustment. The Administrator may announce that the development of rates for a new service...


Power Administrations Sec. 903.13 Notice of proposed rates. (a) The Administrator shall give Notice tht Proposed Rates have been prepared and are...


Power Administrations Sec. 903.14 Consultation and comment period. All interested persons will have the opportunity to consult with and obtain information from...


Power Administrations Sec. 903.15 Public information forums. (a) One or more public information forums shall be held for major rate adjustments, except...


Power Administrations Sec. 903.16 Public comment forums. (a) One or more public comment forums shall be held for major rate adjustments, except as...


Power Administrations Sec. 903.17 Informal public meetings for minor rate adjustments. In lieu of public information or comment forums in conjunction with a...


Power Administrations Sec. 903.18 Revision of proposed rates. During or after the consultation and comment period and review of the oral and written comments...


Power Administrations Sec. 903.21 Completion of rate development; provisional rates. (a) Following completion of the consultation and comment period and...


Power Administrations Sec. 903.22 Final rate approval. (a) Any rate submitted to the FERC for confirmation and approval on a final basis shall be...


Power Administrations Sec. 903.23 Rate extensions. (a) The following regulations shall apply to the extension of rates which were previously confirmed and...


acting by and through the Administrator of the Western Area Power Administration (Administrator), is authorized and directed to promulgate charges for the sale of power...


effective June 1, 1987, and shall apply as the basis for computation of all charges applicable to any sale of power from the Boulder Canyon Project after May 31, 1987....


used herein shall have the following meanings: (a) Billing Period shall mean the service period beginning on the first day and extending through the last day of...


energy available from the Project will be marketed by Western under terms of the Conformed General Consolidated Power Marketing Criteria or Regulations for Boulder City...


collect all electric service revenues from the Project in accordance with applicable statutes and regulations and deposit such revenues into the Colorado River Dam Fund....


The charge for Capacity and Firm Energy from the Project shall be composed of two separate charges; a charge to provide for the basic revenue requirements, as identified in...


be developed by the Administrator and promulgated in accordance with appropriate DOE regulations. The Base Charge shall be composed of a capacity component and an...


(a) The Lower Basin Development Fund Contribution Charge will be developed by the Administrator of Western on the basis that the equivalent of 4\1/2\ mills or...


results in Excess Capacity, Western shall be entitled to such Excess Capacity to integrate the operation of the Boulder City Area Projects and other Federal Projects on...


determined by the United States to be available, it shall be made available to the Contractors, in accordance with the priority entitlement of section 105(a)(1)(C) of the...


determines that it is temporarily unable to utilize Firm Energy or Excess Energy, Western will, at the Contractor's request, attempt to lay off the Firm Energy or...


to the Secretary of the Interior for the Uprating Program and costs reasonably incurred by the Contractor in advancing such funds, as approved by Western, shall be returned...


Secretary of Energy, acting by and through the Administrator of Western, shall be binding unless or until reversed or modified in accordance with provisions contained herein. ...


from time to time promulgate such additional or amendatory regulations as deemed necessary for the administration of the Project in accordance with applicable law; Provided, That...


16795, Mar. 30, 2000, unless otherwise noted. The purposes of the Energy Planning and Management Program (EPAMP) are to meet the objectives of Section 114 of the...


Customer means any entity that purchases firm capacity, with or without energy, from Western under a long-term firm power contract. The term also includes a member-based...


Source: 65 FR 16796, Mar. 30, 2000, unless otherwise noted. [[Page 613]] (a) Integrated resource plans (IRP) and alternatives. Each...


for new energy resources that evaluates the full range of alternatives, including new generating capacity, power purchases, energy conservation and...


of this section, one IRP is required per customer, regardless of the number of long-term firm power contracts between the customer and Western. (b) Method of...


(c) of this section, customers that have not previously had an IRP approved by Western must submit the initial IRP to the appropriate Regional Manager no later than 1...


progress reports each year within 30 days of the anniversary date of the approval of the currently applicable IRP. The reports must describe the customer's accomplishments...


customer status. Small customers may submit a request to prepare a small customer plan instead of an IRP. Requests for small customer status from electric utilities must...


(a) Request to submit the minimum investment report. Customers may submit a request to prepare a minimum investment report instead of an IRP. Minimum investment reports may be submitted...


alternative? (a) Requests to submit an EE/RE report. End-use customers may submit a request to prepare an EE/RE report instead of an IRP. Requests to submit...


will approve all plans and reports based upon: (1) Whether the plan or report satisfactorily addresses the criteria in the regulations in this subpart; and (2)...


submitted under this subpart and notify the submitting entity of the plan's or report's acceptability within 120 days after receiving it. If a plan or report submittal...


ensure compliance? (a) Good faith effort to comply. If it appears that a customer's activities may be inconsistent with the applicable IRP, small customer...


a customer disagrees with Western's decision on the acceptability of its IRP, small customer plan, minimum investment report or EE/RE report submittal, its compliance with...


customer actions. Western will periodically evaluate customer actions to determine whether they are consistent with the approved IRP or minimum investment report. Small customer...


IRPs, small customer plans, minimum investment reports and EE/RE reports and associated data submitted to Western are subject to the Freedom of Information...


public process to review the regulations in this subpart to determine whether they should be revised to reflect changes in technology, needs, or...


framework for marketing Western's long-term firm hydroelectric resources. For covered projects, Western will make a major portion of the resources currently under contract...


[Code of Federal Regulations] [Title 10, Volume 4] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR905.31] [Page 622] TITLE 10--ENERGY CHAPTER III--DEPARTMENT OF ENERGY PART 905_ENERGY PLANNING AND MANAGEMENT PROGRAM--Table of Contents Subpart C_Power Marketing Initiative Sec. 905.31 Term. Western will extend resource commitments for 20 years from the date existing contracts expire to existing customers with long-term firm power contracts from projects identified in section 905.30(b). ...


of the marketable resource, determined to be available at the time future resource extensions begin, to existing customers with long-term firm power contracts....


be determined according to this formula: Customer Contract Rate of Delivery (CROD) today/total project CROD under contract today x project-specific percentage x...


all customers with long-term firm power contracts only as required to respond to changes in hydrology and river operations, except as otherwise expressly provided in...


pools established under Sec. 905.32 shall be determined through separate public processes in each project's marketing area. New customers receiving an allocation...


for projects where resource commitments are extended beyond the current expiration date of long-term firm power sales contracts. Western must retain important...


contract. Resource extensions and allocations to new customers from the initial resource pool will take effect when existing contracts expire. These dates are December...


customers to conduct integrated resource planning, implement applicable IRPs and small customer plans, and otherwise comply with the requirements of...


were developed in accordance with the requirements of Section 112(a) of the Nuclear Waste Policy Act of 1982 for use by the Secretary of Energy in evaluating the...


this part: Accessible environment means the atmosphere, the land surface, surface water, oceans, and the portion of the lithosphere that is outside the controlled area. ...


The guidelines of this subpart establish the procedure and basis for applying the postclosure and the preclosure guidelines of subparts C and D, respectively, to evaluations...


The siting provisions establish the framework for the implementation of the siting process specified in Sec. 960.3-2. Sections 960.3-1-1 and 960.3-1-2 require that consideration...


Consideration shall be given to a variety of geohydrologic settings in which sites for the development of repositories may be located. To the extent...


Consideration shall be given to a variety of geologic media in which sites for the development of repositories may be located. To the extent practicable, and with...


In making site recommendations for repository development after the site for the first repository has been recommended, the Secretary shall give due consideration to the need for, and...


The siting process involves a sequence of four decisions: The identification of potentially acceptable sites; the nomination of sites as suitable...


potentially acceptable. The evidence for the identification of a potentially acceptable site shall be the types of information specified in appendix IV of this part....


characterization. The evidence required to support the nomination of a site as suitable for characterization shall include the types of information specified in appendix...


characterization. The evidence required to support the recommendation of a site as a candidate site for characterization shall consist of the evaluations and data...


(a) Evaluations of individual sites and comparisons between and among sites shall be based on the postclosure and preclosure guidelines specified in subparts C and D...


The siting process begins with site screening for the identification of potentially acceptable sites. This process was completed for purposes of the first repository before the...


sites. To identify potentially acceptable sites for the development of other than the first repository, the process shall begin with...


characterization. From the sites identified as potentially acceptable, the Secretary shall nominate at least five sites determined suitable for...


sites. First, in considering sites for nomination, each of the potentially acceptable sites shall be evaluated on the basis of the disqualifying...


geohydrologic settings. Second, the siting provision requiring diversity of geohydrologic settings, as specified in Sec. 960.3-1-1, shall be applied to group...


all sites proposed for nomination. Sixth, for those potentially acceptable sites to be proposed for nomination, as determined by the process specified in Sec....


To document the process specified above, and in compliance with section 112(b)(1)(E) of the Act, an environmental assessment shall be prepared for each site...


After the final environmental assessments have been prepared, the Secretary shall nominate at least five sites that he determines suitable for site characterization for...


characterization. After the nomination of at least five sites as suitable for site characterization for the selection of the first repository, the Secretary...


shall provide to designated officials of the affected States and to the governing bodies of any affected Indian tribe timely and complete information regarding determinations...


Environmental impacts shall be considered by the DOE throughout the site characterization, site selection, and repository development process. The DOE shall mitigate...


The guidelines in this subpart specify the factors to be considered in evaluating and comparing sites on the basis of expected repository performance after closure. The...


(a) Qualifying Condition. The geologic setting at the site shall allow for the physical separation of radioactive waste from the accessible environment after closure in accordance...


The technical guidelines in this subpart set forth qualifying, favorable, potentially adverse, and, in five guidelines, disqualifying conditions on the characteristics, processes,...


(a) Qualifying condition. The present and expected geohydrologic setting of a site shall be compatible with waste containment and isolation. The geohydrologic setting, considering...


(a) Qualifying condition. The present and expected geochemical characteristics of a site shall be compatible with waste containment and isolation. Considering the likely...


(a) Qualifying condition. The present and expected characteristics of the host rock and surrounding units shall be capable of accommodating the thermal, chemical,...


(a) Qualifying condition. The site shall be located where future climatic conditions will not be likely to lead to radionuclide releases greater than those allowable under...


Qualifying condition. The site shall allow the underground facility to be placed at a depth such that erosional processes acting upon the surface will not be likely to lead...


Qualifying condition. The site shall be located such that any subsurface rock dissolution will not be likely to lead to radionuclide releases greater than those allowable under...


(a) Qualifying condition. The site shall be located in a geologic setting where future tectonic processes or events will not be likely to lead to radionuclide releases greater than...


The site shall be located such that activities by future generations at or near the site will not be likely to affect waste containment and isolation. In assessing the likelihood...


(a) Qualifying condition. This site shall be located such that-- considering permanent markers and records and reasonable projections of value, scarcity, and...


(a) Qualifying condition. The site shall be located on land for which the DOE can obtain, in accordance with the requirements of 10 CFR part 60, ownership, surface...


The guidelines in this subpart specify the factors to be considered in evaluating and comparing sites on the basis of expected repository performance before closure. The...


(a) Qualifying conditions--(1) Preclosure radiological safety. Any projected radiological exposures of the general public and any projected releases of radioactive materials to...


The technical guidelines in this subpart set forth qualifying, favorable, potentially adverse, and, in seven guidelines, disqualifying conditions for the characteristics,...


(a) Qualifying condition. The site shall be located such that, during repository operation and closure, (1) the expected average radiation dose to members of...


(a) Qualifying condition. The site shall be located on land for which the DOE can obtain, in accordance with the requirements of 10 CFR 60.121, ownership, surface...


Qualifying condition. The site shall be located such that expected meteorological conditions during repository operation and closure will not be likely to lead to radionuclide...


operations. (a) Qualifying condition. The site shall be located such that present projected effects from nearby industrial, transportation, and military installations...


(a) Qualifying condition. The site shall be located such that (1) the quality of the environment in the affected area during this and future generations will be...


(a) Qualifying condition. The site shall be located such that (1) any significant adverse social and/or economic impacts induced in communities and surrounding regions...


(a) Qualifying condition. The site shall be located such that (1) the access routes constructed from existing local highways and railroads to the site (i) will not...


(a) Qualifying condition. The site shall be located such that, considering the surface characteristics and conditions of the site and surrounding area, including...


(a) Qualifying condition. The site shall be located such that (1) the thickness and lateral extent and the characteristics and composition of the host rock will be suitable...


Qualifying condition. The site shall be located such that the geohydrologic setting of the site will (1) be compatible with the activities required for repository...


Qualifying condition. The site shall be located such that the geohydrologic setting of the site will (1) be compatible with the activities required for repository...
...


contractual terms and conditions under which the Department of Energy (DOE) will make [[Page 656]] available nuclear waste disposal services to the owners and...


of Energy or his designee and any person who owns or generates spent nuclear fuel or high-level radioactive waste, of domestic origin, generated in a civilian nuclear...


Act means the Nuclear Waste Policy Act of 1982, Public Law 97-425, 96 Stat. 2201 et seq., 42 U.S.C. 10101 et seq. Contract means the agreement set forth in Sec. 961.11...


from this part shall be submitted in writing to the Contracting Officer, who shall forward the request for approval to the Senior Procurement Official, Headquarters. Each...


requiring DOE's disposal services for SNF and/or HLW will be accommodated by a suitable interagency agreement reflecting, as appropriate, the terms and conditions set...


requiring DOE's disposal services for SNF and/or HLW will be accommodated by a suitable interagency agreement reflecting, as appropriate, the terms and conditions set...
...


Department of Energy under the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq). This part does not apply to substances which are not owned or produced by the Department...


for use only in determining the Department of Energy's obligations under the Resource Conservation and Recovery Act (42 U.S.C. 6901 et seq.) with regard to radioactive...


by exposure to the radiation incident to the process of producing or utilizing special nuclear material. (b) For purposes of determining the applicability of the...


determining the suitability of the Yucca Mountain site for the location of a geologic repository. DOE will use these methods and criteria in analyzing the data from the...


means (1) For the preclosure period, the preclosure numerical radiation dose limits in 10 CFR 63.111(a) and (b) and 63.204; and (2) For the postclosure period,...


both the preclosure and postclosure periods: (1) The bases for the suitability determination for the Yucca Mountain site as a location for a geologic repository; ...


is suitable for the location of a geologic repository on the basis of the preclosure and postclosure determinations described in Sec. Sec. 963.12 and 963.15. If...


criteria described in Sec. Sec. 963.13 and 963.14 to evaluate the suitability of the Yucca Mountain site for the preclosure period. If DOE finds that the results of the...


suitability using a preclosure safety evaluation method. DOE will evaluate the performance of the geologic repository at the Yucca Mountain site using the method...


the following criteria: (a) Ability to contain radioactive material and to limit releases of radioactive materials; (b) Ability to implement control...


criteria described in Sec. Sec. 963.16 and 963.17 to evaluate the suitability of the Yucca Mountain site for the postclosure period. If DOE finds that the results of the...


suitability using the total system performance assessment method. DOE will conduct a total system performance assessment to evaluate the ability of the...


suitability of a geologic repository at the Yucca Mountain site through suitability criteria that reflect both the processes and the models used to simulate those...




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