PAAA 101: The Past, Present, Future

1. PAAA 101:The Past, Present, & Future

2. 2 My Perspective 28+ years Applicable Experience Mostly QA/QC in project environment Associated with PAAA since 90 Trained to original Rule intent QA Order / Rule SME 91- 95 Quality / PAAA Consulting to DOE subs 95 - 98 Quality Mgr, PAAA Coordinator 98 - 01 Quality Mgr. SNS Project Sub 01 - 03 PAAA Coordinator 03 - 05 Quality Consulting 05 - present

3. 3 Price-Anderson Amendments Act The Past Background The Present Key Terms Applicability Rules Implementation Lessons The Future New Rules New Scope What Now?

4. 4 Price-Anderson Amendments Act Background Price-Anderson Act (1957) Congress, concerned about the public�s ability to seek relief in case of a nuclear incident, enacted legislation to allow it to do so. Legislation originated from Atomic Energy Act of 1954. Provided indemnification of DOE contractors performing nuclear activities for the government

5. 5 Price-Anderson Amendments Act The Past Background The Present Key Terms Applicability Rules Implementation Lessons The Future New Rules New Scope

6. 6 Key Terms Price-Anderson Amendment Act (PAAA) - enacted in 1988, it re-authorized Price Anderson to include all nuclear activities of DOE and its contractors. Also reauthorized under the Energy Policy Act [2005]. Indemnification - DOE insures its nuclear contractors in case of accidents in exchange for a program that ensures compliance with PAAA rules Instructor Notes: Review key definitions. Instructor Notes: Review key definitions.

7. 7 Key Terms (Cont.) DOE Noncompliance Tracking System (NTS) � a web-based database system, established and managed by DOE, that is the repository for NTS Reports and their associated corrective actions Internal Reportable Potential PAAA Noncompliance � noncompliance that does not exceed the threshold for reporting in NTS and requires internal tracking NTS Reportable Potential PAAA Noncompliance � exceeds the reporting threshold established in DOE guidance Instructor Notes: Review key definitions. Instructor Notes: Review key definitions.

8. 8 Key Terms (Cont.) Enforcement Process � typically includes inquiry/investigations, enforcement conferences, and enforcement actions which can include civil penalties (fines) Notice of Violation - DOE process of enforcement which can include civil penalties Instructor Notes: Review key definitions. Instructor Notes: Review key definitions.

9. 9 Current PAAA Rules Implementing Rules: 10 CFR Part 820 (Procedural Rules for DOE Nuclear Activities) 10 CFR Part 830 (Nuclear Safety Management) Subpart A Quality Assurance. Subpart B Safety Basis 10 CFR Part 835 (Occupational Radiation Protection) 10 CFR Part 708 (DOE Contractor Employee Protection Program DOE rules promulgated 1995/2001 (QA), 1996/1998 (Rad), 2000 (Whistleblower), and 2001 (Safety Basis).DOE rules promulgated 1995/2001 (QA), 1996/1998 (Rad), 2000 (Whistleblower), and 2001 (Safety Basis).

10. 10 Price-Anderson Amendments Act Applicability Persons conducting activities that affect or may affect the safety of DOE nuclear facilities or activities Contractor and subcontractor employees Vendors Others, including visitors and DOE personnel

11. 11 Price-Anderson Amendments Act Applicability (continued) Nuclear facilities and activities (includes radiological) Work in support of those facilities or activities - *includes design, design review, procurement, receipt inspection, dedication Activities that can cause or contribute to nuclear/ radiological incidents Have the �potential to cause radiological harm�

12. 12 Price-Anderson Amendments Act Nuclear Facility Reactor and nonreactor nuclear facilities. Nonreactor nuclear facilities are those that conduct activities or operations involving radioactive and/or fissionable materials in such form and quantity that a nuclear hazard potentially exists to the employees or the general public. Instructor Notes: Review information on the slide. Discuss �potential to do radiological harm� Instructor Notes: Review information on the slide. Discuss �potential to do radiological harm�

13. 13 The QA �Rule� In �the Beginning�� DOE Order 5700.6c Proposed Rule DOE Evangelism and Contractor Skepticism Indoctrination & Training to Requirements �Rule� promulgated Implementation Period

14. 14 10 CFR Part 830 � Nuclear Safety Management Purpose: Governs the conduct of the DOE management and operating contractors and other persons at DOE nuclear facilities. Scope: Part 830 includes Subpart A, Quality Assurance Requirements, and Subpart B, Safety Basis Requirements.

15. 15 10 CFR Part 830, Subpart A �Quality Assurance Requirements Establishes quality assurance requirements for contractors & subcontractors conducting activities, including providing items or services, that affect, or may affect, nuclear safety of DOE nuclear facilities.

16. 16 10 CFR Part 830, Subpart B �Safety Basis Requirements Establishes safety basis requirements for hazard category 1, 2, and 3 DOE nuclear facilities. Define scope of work and associated hazards Prepare a documented safety analysis (DSA) that evaluates release of hazards and establish hazard controls Operate in accordance with DSA hazard controls

17. 17 10 CFR Part 830, Subpart B �Safety Basis Requirements Covers performance of work, safety basis, unreviewed safety question process, DSA, technical safety requirements, preliminary DSA, and DOE approval of safety basis. Keep DSA current with facility configuration and operations

18. 18 10 CFR 835 -Occupational Radiation Protection Identifies the elements of a comprehensive radiation protection program, regulatory requirements, and defines the ALARA process as the primary means of maintaining occupational radiation doses below regulatory limits.

19. 19 10 CFR Part 708 -DOE Contractor Employee Protection Program Provides procedures for processing complaints by employees of DOE contractors alleging retaliation by their employers for disclosure of information concerning danger to public or worker health or safety, substantial violations of law, or gross mismanagement; for participation in Congressional proceedings; or for refusal to participate in dangerous activities.

20. 20 Implementation Lessons There is No Single Solution Cost is of Great Concern Small companies have very real problems Management Attitude and Actions are Keys to success or something less.

21. 21 Common Concerns Extent of Regulatory Oversight Cost of compliance Initial Ongoing Contingency Cost of non-compliance Investigation Fines Other

22. 22 Divergent Approaches Any where within the spectrum of possibilities Big to Small Extensive to Minimal Risk Based Evolve with experience Approach Changed as Rule changes Which companies can afford the ongoing infrastructure cost?Which companies can afford the ongoing infrastructure cost?

23. 23 Organizational Impacts Management Attitude External Face Internal Face Actions / Responses External Internal Strict compliance? Full theoretical buy-in? Something less? Window Dressing?Strict compliance? Full theoretical buy-in? Something less? Window Dressing?

24. 24 Recent Events Energy Policy Act [Title VI - PAAA 2005] Extends PAAA indemnification & enforcement to 2025 Indemnification amount increased to 10 billion Exemption from civil penalties removed for not-for-profits Removal of exemption takes effect as new contracts are awarded Civil penalties can�t exceed the amount of fees earned in any year First 10 CFR 708 Case Involving retaliation against an individual for raising nuclear safety concerns � see EA 2005-03 This was against a local subcontractor to DOE

25. 25 Price-Anderson Amendments Act The Past Background The Present Key Terms Applicability Rules Implementation Lessons Recent Events The Future New Rules New Scope

26. 26 Scope Expansion New Rules with New Scope 10 CFR 850, Chronic Beryllium Disease Prevention 10 CFR 851, Worker Safety and Health [�OSH Rule�]

27. 27 10 CFR 850/851 Status Rule Issued February 09, 2006 One year implementation period

28. 28 What Now? Trend Analysis Predictions Questions?

29. 29 Thank You! James Yoder J. Yoder Consulting Services jkyoder@gmail.com 865.607.5927 [c]