ML24351A069

Memorandum of Understanding Between U.S. Department of Energy and U.S. Nuclear Regulatory Commission on Advanced Nuclear Fuel Concepts

ML24351A069
Person / Time
Issue date:	12/12/2024
From:	Goff M, David Wright NRC/Chairman, US Dept of Energy, Office of Nuclear Energy
To:
References
Download: ML24351A069 (1)

Text

I.

PURPOSE As MEMORANDUM OF UNDERSTANDING BETWEEN U.S. DEPARTMENT OF ENERGY AND U.S. NUCLEAR REGULATORY COMMISSION ON ADV AN CED NUCLEAR FUEL CONCEPTS This memorandum of understanding (MOU) between the U.S. Nuclear Regulatory Commission (NRC) and the U.S. Department of Energy (DOE) (hereafter the "parties" or "party") describes the roles, responsibilities, and processes for their coordination pursuantto the Accelerating Deployment of Versatile, Advanced Nuclear for Clean Energy Act of 2024 (ADVANCE Act)

(Public Law 118-67). The primary purpose of the MOU is to coordinate DOE and NRC technical readiness and sharing of technical expertise and knowledge regarding advanced nuclear fuel concepts.1 This MOU supplements and does not supersede the Memorandum of Understanding Between DOE and the NRC on Nuclear Energy Innovation (Nuclear Innovation MOU), effective October 7, 2019, and addenda to the Nuclear Innovation MOU.

II.

AUTHORITY DOE enters into this MOU under the authority of Section 646 of the Department of Energy Organization Act (Public Law 95-91, as amended; 42 U.S.C. 7256) and Section 404 of the ADVANCE Act. The NRC enters into this MOU under the authority of Section 205 of the Energy Reorganization Act of 1974 (Public Law 93-438, as amended; 42 U.S.C. 5845) and Section 404 of the ADVANCE Act.

III.

ROLES AND RESPONSIBILITIES OF EACH PARTY A.

DOE

1.

• DOE is responsible for leveraging the technical expertise of relevant Federal agencies and the National Laboratories, as appropriate, to support the timely research, development, demonstration, and commercial application of accident tolerant fuels for existing commercial nuclear reactors and advanced nuclear reactor fuel concepts to be proposed and funded, in whole or in part, by the private sector.

B.

NRC

1.

The NRC is responsible for licensing and regulating nuclear fuels, including accident tolerant fuel and advanced nuclear reactor fuel.

2.

The NRC, consistent with its role as an independent safety and security regulator, is responsible for providing DOE and the nuclear energy community with accurate, current information on the NRC's regulations and licensing processes.

1 Section 2 of the ADVANCE Act defines the term "advanced nuclear fuel" as accident tolerant fuel and advanced nuclear reactor fuel. The term "advanced nuclear reactor fuel" means "fuel for use in an advanced nuclear reactor or a research and test reactor, including fuel with a low uranium enrichment level of not greater than 20 percent."

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IV.

COOPERATIVE ACTIVITIES OF THE PARTIES A.

SHARING TECHNICAL EXPERTISE DOE and the NRC will share technical expertise and knowledge as appropriate with respect to, but not limited to, the following areas:

1.

DOE's testing and demonstration of accident tolerant fuels for existing commercial nuclear reactors and advanced nuclear reactor fuel concepts to be proposed and funded, in whole or in part, by the private sector.

2.

DOE's operation of an electronic system to store and share data and knowledge relevant to nuclear science and engineering with relevant Federal agencies (including the NRC) and the private sector, as appropriate.

3.

The NRC's and DOE's combined respective expertise regarding safety analysis and research relating to advanced nuclear fuel.

B.

COORDINATED ACTIVITIES In addition to the areas of technical expertise and knowledge to be shared pursuant to subsection A above, DOE and the NRC will undertake activities, including those identified below, regarding the technical expertise, computing, and facility capabilities related to DOE's role in research and development for advanced nuclear fuel concepts and the NRC's role, as an independent regulator, in the review of requests for regulatory approval of advanced nuclear fuel.

DOE and the NRC will coordinate as appropriate to ensure the following activities are fulfilled.

1.

DOE and the NRC will share information, as appropriate, ensuring that:

a.

DOE has sufficient technical expertise to support the timely research, development, demonstration, and commercial application of advanced nuclear fuel; and

b.

The NRC has sufficient technical expertise to support the evaluation of applications for licenses, permits, and design certifications and other requests for regulatory approval for advanced nuclear fuel.

2.

DOE will maintain and develop the facilities necessary to enable the timely research, development, demonstration, and commercial application by the civilian nuclear industry of advanced nuclear fuel.

3.

The NRC will be afforded access to those DOE facilities described in paragraph IV.B.2, as needed and appropriate.

4.

The NRC will consult, as appropriate, with the modeling and simulation experts at DOE, at the National Laboratories, and within industry fuel vendor teams in cooperative agreements with DOE to leverage physics-based computer modeling and simulation capabilities.

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5.

Enable the NRC and DOE technical staff the opportunity to actively observe and learn about technologies, with an emphasis on identification of additional information needed with respect to the qualification and licensing of advanced nuclear fuel.

V.

ORGANIZATIONAL IMPLEMENTATION

1.

Office. This MOU will be implemented through DOE's Deputy Assistant Secretary for the Nuclear Fuel Cycle on behalf of DOE and through the NRC's Office'of Nuclear Regulatory Research on behalf of the NRC. These offices will coordinate the activities covered by this MOU, including the sharing of technical expertise and knowledge and other coordinated activities.

2.

Contacts. The point of contact for coordination and implementation of this MOU for DOE will be the Deputy Assistant Secretary for the Nuclear Fuel Cycle, and for the NRC will be the Director of the Office of Nuclear Regulatory Research.

3.

Implementing lnteragency Agreements. DOE and the NRC may, as needed and by mutual agreement, enter into Implementing lnteragency Agreements (IAAs), supplemental to this MOU, that address project-specific items in accordance with this MOU. Such IAAs may be executed between DOE at the Deputy Assistant Secretary level and the NRC at the Office Director level.

VI.

FUNDING AND AUTHORIZATIONS

1.

This MOU does not alter the authorities or independence of the NRC and DOE or their abilities to fulfill their responsibilities.

2.

This MOU shall not under any circumstances restrict either of the parties from participating in any activity with other public or private agencies, organizations or individuals.

3.

This MOU is neither a fiscal nor a funds obligation document. Nothing in this MOU provides authorization or is intended to obligate the parties to expend, exchange, or reimburse funds, services, or supplies, or transfer or receive anything of value, or enter into any contract, assistance agreement, interagency agreement, or other financial obligation. Any activity under this MOU is subject to the availability of funds.

4.

This MOU is strictly for internal management purposes for the parties. It is not legally enforceable and shall not be construed to create any legal obligation on the part of either party.

This MOU shall not be construed to provide a private right or cause of action for or by any person or entity.

5.

All activities pursuant to this MOU are subject to and will be carried out in compliance with all applicable laws, regulations, and other legal requirements.

6.

Each party is responsible for its own compliance with any applicable statutory or regulatory data protection, export control, or security restriction regarding any information or materials resulting from this MOU. DOE and the NRC will coordinate their efforts, as appropriate, to fulfill these responsibilities.

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VII.

COMMENCEMENT, MODIFICATION, AND TERMINATION This MOU is effective upon the signature of both parties. The duration of the MOU shall be indefinite. Either party may, however, terminate its participation in this MOU upon 30 days written notice to the other party, consistent with their responsibilities under applicable law. DOE and the NRC may, by mutual agreement, amend this MOU.

VIII.

SEVERABILITY If any provision of this MOU, or the application of any provision to any person or circumstances, is or becomes invalid, the remainder of this MOU and the application of such provisions to other persons or circumstances shall not be affected.

IX.

AGREEMENT Dr. Michael Goff Deputy Assistant Secretary for the Office of Nuclear Energy U.S. Department of Energy Date December 12, 2024 Effective Date 4

DavidA~u/f Acting Chair, pursuant to 42 U.S.C.

5841 (a)(1)

U.S. Nuclear Regulatory Commission Date