J-4 Updated NRC and Navy Interagency Agreement.pdf

INTERAGENCY AGREEMENT

1. IAA NO.

89233019SNR000040

PAGE

2. ORDER NO. 3. REQUISITION NO.

19NR000153

4. SOLICITATION NO.

5. EFFECTIVE DATE

09/27/2019

6. AWARD DATE

09/27/2019

7. PERIOD. OF PERFORMANCE

09/27/2019 TO 09/30/2023

8. SERVICING AGENCY

NUCLEAR REGULATORY COMMISSION, UNITED STATES

ALC: 31000001

DUNS: 040535809 +4:

11545 ROCKVILLE PIKE

MAILSTOP T9 E-10

ROCKVILLE MD 20852

9. DELIVER TO

TELEPHONE NO.

JILL DALY

3012070920

10. REQUESTING AGENCY

Naval Reactors Laboratory Field Office

ALC: 89-00-0001

DUNS: +4:

Naval Reactors Laboratory Field Office U. S. Department of Energy P.O. Box 109 West Mifflin PA 15122 poc Russell Eury telephoneno. 412-476-7271

11. INVOICE OFFICE

IPAC Invoice Address U.S. Department of Energy Energy Finance and Accounting Service Center

IPAC DOE HQ, ALC 89000001

19901 Germantown Road Germantown MD 20874-1290

12. ISSUING OFFICE

NNSA Naval Reactors Lab Field Ofc PNR - West Mifflin U.S. Department of Energy Pittsburgh Naval Reactors Office P.O. Box 109 West Mifflin PA 15122

13. LEGISLATIVE AUTHORITY

31 U.S.C. 1535 - The Economy Act

14. PROJECT ID

15. PROJECT TITLE

DISMANTLEMENT AND DISPOSAL OF THE SSSB

16. ACCOUNTING DATA

NRLFO PURCHASE

17.

ITEM NO. SUPPLIES/SERVICES

19.

QUANTITY

20.

UNIT

21.

UNIT PRICE

22.

AMOUNT

DUNS Number: 040535809 This Interagency Agreement with Nuclear Regulatory Commission is subject to the Cover Page, the attached Forms 7600A and 7600B, Appendix to 7600A, and the attached Order Requirements.

Delivery: 09/30/2023 Fund: 00910 Appr Year: 2019 Allottee: 62 Report Entity: 440201 Object Class: 25299 Program:

6800005 Project: 0000000 WFO: 4441928 Local Use 4190000

Continued ...

23. PAYMENT PROVISIONS

Intra-Governmental Pav and Collection

24. TOTALAMOUNT

$25,000.00 26a. SIGNATURE OF GOVERNMENT REPRESENTATIVE (REQUESTING)

N^ME'AND TITLE S X • 25c. DATt f T P/hl/h ^ 26by06NTRACTING OFFICER

Juliana L. Heynes 26c. DATE

09/27/2019

IAA NO

8 9233019SNR00004 0

ORDER NO PAGE OF

2 | 2

00001 Support Services for the dismantlement and disposal of the Surface Ship Support Barge (SSSB) Line item value is: $25,000.00 Incrementally Funded Amount: $25,000.00

25,000.00

UNITED STATES GOVERNMENT * BUREAU OF THE

GENERAL TERMS & CONDITIONS (GT&C) Fiscal Service

U.S. UEPARTMENT OF HE TREASURY

Agreement Between Federal Program Agencies for Intragovernmental Reimbursable, Buy/Sell Activity. In Accordance with TFM Volume 1, Part 2, Chapter 4700, Appendix 6, Section 9.

https://www.fiscal.treasury.gov/fsservices/gov/acctg/g_invoice/g_invoice_home.htm

G-lnvoicing Required Fields have an (*)

NEW OR MODIFIED GT&C

c:ra Conditions

GT&C Number: 89233019SNR000040

Modification Number: 0

AGENCY INFORMATION

1. Requesting Agency (Buyer) Servicing Agency (Seller)

*Agency Identifier (AID) 089 031

*Agency Location Code (ALC) 89000001 31000001

*Agency Name Department of Energy - NNSA, Naval Nuclear Regulatory CommissionReactors Laboratory Field Office

*Agency Address P0 Box 109 Washington, DC 20555 West Mifflin, PA 15122

Cost Center

Business Unit

Department ID

GT&C IN FORMATION

2 GT&C Title Support Services for the Naval Nuclear Propulsion Program

Agency Agreement 89233019SNR000040Tracking Number

4. Period Start Date (mm/dd/yyyy): 09/27/2019 End Date (mm/dd/yyyy): 09/30/2023

5. Termination Days 180

6. *Agreement Type ( Single Order ( Multiple Order

Payment Indicator Are Advance Payments allowed for this GT&C? C Yes (i’ No

7. *lf “Yes”, the Requesting Agency Advance Payment Authority Title and Citation are required upon creation of an Order against this GT&C.

“Assisted Acquisition Indicator Will this GT&C accommodate Assisted Acquisitions? C’ Yes (i’ No

8 *If “Yes”, the Servicing Agency provides acquisition support in awarding and managing contracts on behalf of the Requesting Agency’s requirements for products or services. Lines 17 & 18 below for additional detail.

ESTIMATED AGREEMENT AMOUNT

9. Total Direct Cost Amount $25,000.00

Total Overhead Fees and s 00Charges Amount

“Total Estimated Amount $25,000.00

ES Form 7600A Department of the Treasury I Bureau of the Fiscal Service Revised May 2019

General Terms and Conditions (GT&C) Number: 89233019SNR000040 Page 2 of 5

1. The Requesting Agency has designated the Naval Nuclear Laboratory Management and Operating Contractor (NNL) to administer and follow the progress of work provided for under this Agreement, including the following:

a. Obtaining and reviewing cost estimates for required work;

b. Conducting meetings and discussions to assist in the routine follow of the work;

c. Obtaining work progress reports; and

U. Reviewing periodic billings and cost reports, and providing advice to NRLFO supporting that such billings are proper for payment.

The cognizant NNL administrator responsible for overall management and coordination of the work performed under this Agreement is identified in Block 94 of the corresponding 7600B form for this IA.

Work progress reports, cost reports, cost estimates, and other schedule, technical, and financial information should be sent to the attention of this administrator as follows:

For Unclassified Mail:

Naval Nuclear Laboratory

BETTIS

814 Pittsburgh-McKeesport Boulevard West Muffin, PA 15122-2849

For Classified Mail*:

Naval Nuclear Laboratory

BEHIS

Afin: Document Control P. 0. Box 79 West Muffin, PA 15122-0079

* Requires special handling in accordance with DOE Order 471 .2A as supplemented by Naval Reactors Implementation Bulletin No. 471 .2A-065 Rev. 4 dated February 4, 2000.

2. INSPECTIONS

The Requesting Agency and/or its designees shall have the right to observe and

Enforce Total Remaining Should G-Invoicing enforce the total value of orders to remain below the Amount Total Amount on the GT&C? (‘ Yes ( No

If “Yes”, G-Invoicing will not allow Order total to exceed the GT&C total.

ADDITIONAL AGREEMENT INFORMATION

io Explanation of Overhead Fees Costs will be billed in accordance with NRC policy for charging full costs for and Charges reimbursable work. NRC policy requires charging for direct staff time based upon the hourly rate as established in 10 CFR Part 170, in addition to any contractor costs incurred in order to perform services specified in the Statement of Work.

DOE/NNSA will pay for NRC’s support at the hourly rate in effect at the time the work is performed. The current rate is $278 per hour. It is anticipated that this rate will be revised in August or September, 2020.

1. Requesting Scope The scope of the support services to be provided by the Servicing Agency is defined in the attached Appendix A_Scope of Work

12. Requesting Roles

FS Form 7600A Department of the Treasury I Bureau of the Fiscal Service Revised May2019

General Terms and Conditions (GT&C) Number: 89233019SNR000040 Page3of5 inspect the work performed or being performed under this Agreement, and the premises where the work is being performed, at all reasonable times and in a manner that will not unduly delay the work. If the Requesting Agency and/or its designees perform observations or inspections on the premises of the Servicing Agency, the Servicing Agency shall provide all reasonable assistance for the safe and convenient performance of the observations or inspections.

13. Servicing Roles 1. The Servicing Agency shall provide all labor, materials, subcontracts, and other such services required to perform the scope of work.

2. The Servicing Agency will bill quarterly based on cost incurred to support the work performed under this IAA.

3. Services provided may include both NRC Headquarters services as well as NRC Region Services depending on which NRC Region covers the locations where the contractor proposes to conduct work, as appropriate and as determined available by the NRC, including participations in public meetings.

4. The Servicing Agency will makes its inspection reports available to the public, as appropriate, and in accordance with the Requesting Agency’s clause Public Release of Information.

5. Project Management Reporting

a. Cost Reports - The Servicing Agency is responsible for accurately reporting quarterly costs and progress to the Requesting Agency through the submittal of Reimbursable Agreement Reportable Hours Quarterly Certification.

b. Progress Updates -

c. Reports and updates shall be submitted to the individual(s) identified in Form FS 7600B, block 94

14. Restrictions LOBBYING

The Servicing Agency agrees that none of the funds obligated on this award shall be expended, directly or indirectly, to influence congressional action on any legislation or appropriation matters pending before Congress, other than to communicate to Members of Congress as described in 18 U.S.C. 1913. This restriction is in addition to those prescribed elsewhere in statute and regulation.

15. Assisted Acquisition Small The Servicing Agency will allocate the socio-economic credit to the Requesting Business Credit Clause Agency for any contract actions it has executed on behalf of the Requesting

Agency.

16. Disputes Disputes related to this GT&C and any related Orders shall be resolved in accordance with instructions provided in the Treasury Financial Manual (TFM) Volume I, Part 2, Chapter 4700, Appendix 6; lntragovernmental Transaction (IGT) Guide, at http:J/tfm.fiscal.treasury.gov/contenUffm/vl /p2/c470.html

17. Requesting Assisted N/A Acquisitions

18. Servicing Assisted N/A Acquisitions

19. Requesting Clauses See Appendix to the General Terms and Conditions

20. Servicing Clauses See Appendix to the General Terms and Conditions

CLOSE GT&C

21. Closing Date (mm/dd/yyyy):

FS Form 7600A Department of the Treasury I Bureau of the Fiscal Service Revised May 2019

General Terms and Conditions (GT&C) Number: 89233019SNR000040 Page 4 of 5

Brief explanation required for closing this GT&C prior to the original End Date resulting in early termination:

PREPARER INFORMATION

*Prepared Name Carman M. Carter

22. *Prepared Phone +1 (412) 829-8883

*Prepared E-mail carman.carternrp.doe.gov

FS Form 7600A Department of the Treasury I Bureau of the Fiscal Service Revised May 2019

General Terms and Conditions (GT&C) Number: 89233019SNR000040 Page 5 of 5

AGREEMENT APPROVALS

By signing this agreement, you authorize the General Terms and Conditions as stated, and that the scope of the work can be fulfilled. By signing, you agree to periodically review the terms and conditions of the agreement and make any necessary modifications to the GT&C and any affected Order(s).

Requesting Initial Approval (required) Servicing Initial Approval (required)

23. *Date (mmldd/yyyy) 09/27/2019

*Approvers Name Russell Eury Karen Fitch Digitally signed by Russell c.*signature: Russell C. Eurysurt’ Date 2019.09.27 1623 24 -0400

Acting Director, Program Management, Title Contract Specialist Policy Development, and Analysis Staff, NMSS

*E..mail russell.eury@nrp.doe.gov Karen.Fitchnrc.gov *Phone +1 (412)476-7271

Fax

Requesting Final Approval (required) Servicing Final Approval (required)

24. *Date (mm/dd/yyyy)

*Approvers Name Juliana L. Heynes Karen Fitch Digitally signed by Juliana L.asignature: Juliana L. Heynes heynes Date: 2019.09.27 16 1231 -0400

Acting Director, Program Management, Title Contracting Officer Policy Development, and Analysis Staff, NMSS

*E..mail Juliana. Heynesnrp.doe.gov Karen.Fitchnrc.gov *Phone +1 (412)476-7241

Fax

ES Form 7600A Department of the Treasury I Bureau of the Fiscal Service Revised May 2019

Appendix to the General Terms and Conditions (“GT&C”) between the Department of

Energy, National Nuclear Security Administration, Naval Reactors Laboratory Field

Office (“NRLFO” or “Requesting Agency”) and the Nuclear Regulatory Commission

(“NRC” or “Servicing Agency”)

GT&C Identifier Number: 89233019SNR000040 Modification Number: _0______

19. Requesting Agency’s Clause(s)

a. REQUESTING AGENCY STATUTORY AUTHORITY

This IAA is entered into pursuant to the statutory authority contained in the Economy Act

(31 U.S.C. §1535. The federal acquisition regulation (FAR) Subpart 17.5 does not apply as this IAA does not contemplate assisted acquisitions.

b. AMENDMENTS

Any amendments to the terms and conditions in Part A shall be made in writing and signed by both the Servicing Agency and the Requesting Agency. Any such written amendment may be signed only by H. J. Merrill, R.C. Eury, M. Z. Pastor, T. M. Weis, J.

L. Heynes, or M. J. Brott and the Servicing Agency’s NMSS PMDA Director.

c. ENVIRONMENTAL SAFETY HEALTH REQUIREMENTS

The Requesting Agency will not assume responsibility for prescribing and/or enforcing environmental safety and health requirements for operators of other Servicing Agency facilities engaged in the performance of the Requesting Agency's work.

d. PATENT RIGHTS

Disposition of rights to inventions made under any contract, grant, or cooperative

Agreement with any small business firm or domestic nonprofit organization will be in accordance with 35 U.S.C. 200-212. In all other contracts, grants or cooperative agreements under this Agreement, Requesting Agency's patent and intellectual property policies shall apply to any work performed by a Contractor (or subcontractor), which is funded in whole or in part by the Requesting Agency. Rights to inventions made by U.S.

Government employees shall be determined by the employing agency. However, if the employing agency should decide not to pursue patent protection on a subject invention or wish to publish the technical data results, then the Requesting Agency shall notify the

Servicing Agency and obtain approval prior to release. For guidance, the Servicing

Agency should contact:

Patent Counsel

Naval Reactors Laboratory Field Office

PO Box 109

GT&C Identifier: 89233019SNR000040

Mod Number: 0

West Mifflin, PA 15122

e. PUBLIC RELEASE OF INFORMATION

(1) Information, data, photographs, sketches, advertising, displays, promotional brochures, or other materials related to work under this IAA, which the Servicing

Agency desires to publish, display, or release internally, to other contractors, to other government agencies, or to the public, shall be provided through established public information release process to Requesting Agency for approval at least eight (8) weeks prior to the desired printing or release date. This includes descriptive or promotional material which links or relates directly or indirectly, the Servicing

Agency’s product line, manufacturing facilities, manufacturing capabilities, research and development capabilities, and technical services availabilities in performance of naval nuclear propulsion work. As part of the approval request, the Requesting

Agency shall identify the specific media to be used as well as other pertinent details of the proposed release. All releases related to work under this IAA, regardless of tier of supplier, must have the prior approval of the Requesting Agency.

(2) Should any information described in (1) above be requested, subpoenaed, or otherwise sought by a court or other judicial or administrative author, this situation must be promptly brought to the attention of the Requesting Agency to permit appropriate measures to be taken to project the information. Under no circumstances should this information be released to such authority without prior notification and agreement of the Requesting Agency.

(3) The Servicing Agency agrees that this requirement for prior approval from the

Requesting Agency of any release shall survive this IAA and that the Servicing

Agency shall not for a period of twenty years subsequent to the issuance of the IAA either directly or indirectly issue any such release without the requisite approval of the Requesting Agency or its assignee.

(4) The Servicing Agency shall include all provisions of this article including this sentence in all contracts and subcontractors, if any, under this IAA.

f. INTERPRATION OF IAA

If the Servicing Agency and Requesting Agency are unable to agree about a material aspect of either 7600A or 7600B of the IAA, the parties agree to engage in an effort to reach mutual agreement in the proper interpretation of this IAA, including amendment of this IAA, as necessary, by escalating the dispute within their respective organizations.

If a dispute related to funding remains unresolved for more than thirty (30) calendar days after the parties have engaged in an escalation of the dispute, the parties agree to refer the matter to their respective Agency Chief Financial Officers with a recommendation that the parties submit the dispute to the CFO Council Intragovernmental Dispute Resolution

Committee for review in accordance with Treasury Financial Manual (TFM) Volume I, Part 2, Chapter 4700, "Agency Reporting Requirements for the Financial Report of the

United States Government;" Appendix 10 - Intragovernmental Business Rules, or subsequent guidance.

g. INSPECTIONS

The Requesting Agency and/or its designees shall have the right to observe and inspect the work performed or being performed under this Agreement, and the premises where the work is being performed, at all reasonable times and in a manner that will not unduly delay the work. If the

Requesting Agency and/or its designees perform observations or inspections on the premises of the Servicing Agency, the Servicing Agency shall provide all reasonable assistance for the safe and convenient performance of the observations or inspections.

h. COST REPORTS

Each month, the Servicing Agency shall submit (1) a work progress and cost report and (2) a

“Report on Reimbursable Orders” to NNL Administrator identified in Form FS 7600B, block 94.

The cost report shall include funds authorized, total costs expended to date, dates of service, labor (man-day) costs, supplies/materials, travel, subcontracts, and other direct costs, an estimated cost to complete, and the Servicing Agency’s evaluated physical completion.

i. BILLING & PAYMENT

The Requesting Agency will pay the Servicing Agency for bills for costs incurred. The DOE obligating document number should be included on all documentation related to the agreement.

The Requesting Agency's preferred method for reimbursing the Servicing Agency is via the

Intra-Governmental Payment and Collection (IPAC) System, citing Agency Location Code

(ALC) 89-00-0001 as the chargeable activity. When the reimbursement for products and/or services furnished under this agreement will be effected by means of IPAC, the Servicing

Agency shall provide the Requesting Agency with the appropriate instructions for transmitting the ALC, Treasury Account Symbol (TAS), Business Event Type Code (BETC), Business

Partner Network (BPN) number (usually the Data Universal Numbering System (DUNS) number), Line of Accounting (LOA), points of contact, and other information identified in Part B of this IA.

The invoice and documentation identifying work performed and supporting IPAC charges should be submitted to the NNL Administrator identified in FS Form 7600B, Block 94.

Questions regarding payment should be directed to:

Naval Reactors Laboratory Field Office

U.S. Department of Energy

P.O. Box 109

West Mifflin, PA 15122

Attn: Tammy Capani

Phone: (412) 476-7287

Email: Tammy.Capani@nrp.doe.gov

j. ADVANCE INFORMATION

Advance payments are not allowed under this Order.

k. FUNDING CLAUSES/INSTRUCTIONS

a. LIMITATION OF REQUESTING AGENCY'S OBLIGATION

If the total funding obligation is less than the total face value in block 24 of the cover page of this document, this clause is applicable.

(1) This interagency agreement is incrementally funded. The sum of $25,000.00 of the total amount is presently available for payment and is obligated to this interagency agreement.

(2) The Servicing Agency agrees to perform up to the point at which the total amount payable by the Servicing Agency, including reimbursement in the event of termination of those item(s) for the Servicing Agency's convenience, approximates the total amount currently allotted to the interagency agreement.. The Requesting

Agency will not be obligated in any event to reimburse the Servicing Agency in excess of the amount allotted to the agreement for those item(s) or services regardless of anything to the contrary in the provisions of this interagency agreement, including any termination clause herein.

(3) The Servicing Agency will notify the Requesting Agency Contracting Officer in writing at least ninety days prior to the date when the Servicing Agency has reason to believe the costs it expects to incur under this interagency agreement, when added to all costs previously incurred will exceed 85% of the total amount then allotted to this agreement. The notification will state the amount of additional funds required for timely performance to complete the agreement. If, after such notification, additional funds are not allotted by the date identified in the Servicing Agency's notification, or by an agreed-upon substitute date, the Contracting Officer will terminate any item(s), service or portion thereof in accordance with the termination provision of this agreement.

(4) If additional funds are obligated for continued performance before termination, the agreement will continue with an appropriate adjustment to payment and period of performance provisions, subject to the availability of funds.

(5) The Requesting Agency may, at any time prior to termination, allot additional funds for performance.

(6)Nothing in this provision affects the right of either party to terminate this agreement pursuant to the provision entitled "IA Termination."

(7)The parties contemplate that the Requesting Agency will obligate funds to this agreement in accordance with the following schedule:

FY19 $25,000 $25,000

FY20 $500,000 $525,000

FY21 $675,000 $1,200,000

FY22 $500,000 $1,700,000

FY23 $300,000 $2,000,000

20. Servicing Clauses

This GT&C does not document the obligation of funds between the Parties. Any obligation of funds pursuant to this GT&C will be accomplished using the Order Requirements and Funding

Information FS Form 7600B. The obligation of funds by the Parties is subject to the availability of appropriated funds and shall be in accordance with the Treasury Financial Manual (TFM).

The budget official of the Buyer shall provide a certification in block 95 of the 7600B, that the funds cited on the 7600B are properly chargeable for the purposes cited in the Order.

The following Economy Act Determinations shall be made prior to issuance and acceptance of any Order under this GT&C:

1. The Requesting Agency has determined that funds are available.

2. The Requesting Agency has determined that the Order is in the best interest of the

Government.

3. The Servicing Agency is able to provide the ordered support.

4. The Requesting has determined that the support cannot be provided as conveniently or economically by a commercial enterprise

a. This GT&C sets forth respective roles and responsibilities for both parties; is not meant to be all inclusive, or prescriptive; but establishes the general framework guiding the expectations of both parties.

b. Review/Analysis/Evaluation. Support provided and received under this GT&C shall be reviewed jointly by the parties at least annually for funding adjustments during the budget formulation process and an evaluation of performance and services should be completed.

Changes in support requirements will be memorialized in writing in accordance with GTC instructions.

c. Support Changes. Support will be provided consistent with the capabilities, capacity, and resources of Seller. If Buyer’s requirements are changed or cancelled, Buyer should provide advance written notice to Seller; notice of cancellation shall comply with GT&C instructions.

Seller will provide Buyer with as much advance notice as practicable for changes in Support levels to Buyer that are necessitated by mission requirements or changes to Seller’s capability, capacity, or resources.

d. Terms/Transfer. The terms outlined in this GT&C constitute the entire GT&C to both signed parties. Upon signature, all previous agreements related to this matter are hereby cancelled. This

GT&C is non-transferable. Should either party need to transfer any of the roles or responsibilities laid out within this document to a new party, a new agreement must be created with the new party, and this GT&C must be amended or terminated.

Surface Ship Support Barge {SSSB) lnteragency Agreement for Support Services FV19 through FV23

Background

The Naval Sea Systems Command (NAVSEA), in collaboration with the Naval Nuclear

Propulsion Program (NNPP), a joint Navy and Department of Energy Program, is contracting for commercial dismantlement and disposal of the Surface Ship Support

Barge (SSSB). The SSSB is a NNPP-owned floatable radiological support facility. In preparation for this contracted work, the NNPP and NRC have developed a plan for the

NRC to provide support services to the Navy and the NNPP. This plan is described in detail in the Notional Framework for SSSB Dismantlement and Disposal (the "Notional

Framework"), which was published on FBO in Solicitation #N00024-18-R-4339 on 10

August 2018, and is discussed in concept in GAO Report GAO-18-523 dated August

2018. The Navy and the NNPP intend to enforce the recommendations of the NRC by contract with the company performing dismantlement and disposal, without any addition to or subtraction from, the NRC's recommendations. The Notional Framework will be incorporated into the SSSB dismantlement and disposal contract, at which time it will no longer be notional.

Scope of Work

The scope of work for NRC services in support of SSSB dismantlement and disposal is described in the atta_ched Notional Framework, and in additional detail in the NRC presentation at the 6 November 2018 Industry Day, which is also attached. Both documents are part of this lnteragency Agreement.

The Navy's contract for SSSB dismantlement and disposal will require that the NRC have unfettered access to the SSSB and support facilities when the SSSB is present at a shore-based facility for dismantlement and disposal or related work. This lnteragency

Agreement does not cover transport of the SSSB to such facilities.

The Navy's contract for SSSB dismantlement and disposal will require that NRC have access to the contractor's detailed work schedule information in order to allow for planning of inspections and confirmatory surveys. The NRC may employ outside contractors such as Oak Ridge Associated Universities (ORAU), Oak Ridge Institute for

Science and Education (ORISE), and the Department of Energy Radiological and

Environmental Sciences Laboratory (RESL) for independent surveys and sample analysis. Such services are also part of the Scope of Work for this lnteragency

Agreement and are also reimbursable.

Appendix A Scope of Work_89233019SNR000040

It is recognized by both parties to this Agreement that the amount of NRC work necessary to provide support for SSSB dismantlement and disposal will depend on the quality of the work planning documents (Decommissioning Plan), management programs (project, quality assurance, corrective action, radiological and other required to comply with NRC and NNPP requirements), decommissioning work packages, implementing procedures and work execution conducted by the Navy's contractor as well as specific technical approaches to the work that may be proposed by the Navy's contractor. The estimated funding discussed in this Agreement is only an estimate, and future adjustments may be needed based on the quality and performance of the Navy contractor's work. All NRC work will be reimbursed on an hourly basis.

The Navy contractor's preparation and shipment of both low-level radioactive waste and mixed waste is subject to NRC services and support in the same manner as other aspects of the contractor's radiological work associated with dismantling.

NRC services under this Agreement may include both NRC Headquarters services as well as NRC Region services depending on which NRC Region covers the locations where the contractor proposes to conduct work, as appropriate and as determined available by the NRC, including participations in public meetings.

NRC will make its inspection reports available to the public, as appropriate in consultation with the NNNP.

The exact timing of NRC services will depend on the Navy's execution of the contracting process as well as the contractor's performance. The following notional timeline is provided for planning purposes. All work under both the Navy's SSSB dismantlement and disposal contract and this lnteragency Agreement is expected to be complete by the end of FY 2023.

Estimated Date

Summer2019

Event(s)

NRC review of issues or questions arising from the NAVSEA procurement solicitation.

NRC visit to SSSB, NRC accompaniment of Navy on vendor ship checks if needed

NRC familiarization review of SSSB documents and drawings

Fall 2019 - Spring 2020 NRC consultation if needed during review and award of

SSSB dismantlement and disposal contract

Fall 2020 -Spring 2021 NRC review of Decommissioning Plan, other required submittals, and request for Recommendation to Approve

Transfer. Work products include Technical Evaluation

Reports or Safety Evaluation Reports, correspondence to the Navy identifying additional information required to reach a regulatory recommendation, and other recommendation letters, as required.

Summer 2021 - Fall 2023 NRC review, inspection, and confirmation of completion of

SSSB work by the company performing dismantlement and disposal. Work products would include inspection reports, confirmatory survey reports, technical evaluation reports documenting review of radiological characterization and survey results.

Project Management Reporting

Cost Reports - The NRC is responsible for accurately reporting quarterly costs and progress to the NNPP through the submittal of a Reimbursable Agreement Reportable

Hours Quarterly Certification.

Progress Updates - The NNPP and NAVSEA will routinely be in receipt of NRC work products under this lnteragency Agreement. Receipt of these NRC work products as well as Navy efforts overseeing SSSB dismantlement and disposal work will provide adequate visibility of NRC work under this Agreement. No separate or additional NRC progress Reports are required. NRC's performance under this lnteragency Agreement is limited to availability of appropriations and resources.

Obligation of Funds and Funding Availability

Availability of Appropriated Funds - The duties and obligations of the NNPP hereunder calling for the expenditure of appropriated funds shall be subject to the availability of funds appropriated by the Congress that the Department of Energy may legally spend for such purposes. The Navy will be fully reimbursing NRC for work performed under this lnteragency Agreement as required by the Economy Act.

Obligation of Funds - Estimated funds to be obligated by NNPP for performance of this lnteragency Agreement are $2,000,000 based on the following schedule:

FY19 $25,000

FY20 $500,000

FY21 $675,000

FY22 $500,000

FY23 $300,000

Such funds obligated are provided for the efforts applicable to the subject lnteragency

Agreement. The NNPP shall provide written amendment to the NRC to obligate additional funds as may be mutually agreed.

Limitation of Price and NRC Obligations - Funds available for performance are described above in Obligation of Funds. The amount of funds available at award is not considered sufficient for the performance required for any program period other than the specified program period. If additional funds or an additional program period is needed and mutually agreed to, the NNPP shall modify the amount of funds described in the lnteragency Agreement as available for lnteragency Agreement performance. This procedure shall apply for any successive program period, if any.

The NNPP is not obligated to the NRC for any amount over that described in the lnteragency Agreement as available for lnteragency Agreement performance.

The NRC is not obligated to provide services for any lnteragency Agreement period after the first period specified under this Agreement (Summer 2019 through October

2023) unless and until written notification is received from the NNPP of an increase in availability of funds and/or increase in the period of performance. If so notified, the NRC obligation shall increase only to the extent lnteragency Agreement performance is required for any additional program period for which funds are made available, and to the extent that NRC support and service resources are determined by the NRC to be available.

Cancellation of Items - "Cancellation", as used in this Section, means that NR is canceling their requirements for all items in program periods subsequent to that in which notice of cancellation is provided. Cancellation shall occur by the date specified in the obligation of funds schedule above related to the applicable subsequent lnteragency

Agreement period (unless a later date is agreed to}, if NR (a} notifies The NRC that funds are not available for lnteragency Agreement performance for any subsequent program period or (b} fails to notify that funds are available for performance of the succeeding program period requirement.

If cancellation under this section occurs, The NRC shall not be paid a cancellation charge.

Notional Framework for Regulation of SSSB Dismantlement and Disposal

Summary of the NRC Decommissioning Process for Materials Licensees

If the SSSB were a radiological support vessel owned by an entity licensed by the NRC, the licensee would be required to notify the NRC within 60 days upon either the expiration of the license, a decision by the licensee to cease operations, or a period of inactivity of 24 months. Within 12 months of this notification, the licensee would be required to submit a Decommissioning Plan (DP).

The DP review process begins with an acceptance review. The objective of the acceptance review is to verify that the application contains sufficient information before the staff begins an in-depth technical review. At the conclusion of the acceptance review, the DP will either be accepted for detailed technical review or rejected and returned to the licensee with the deficiencies identified. For DPs proposing unrestn·cted release a full technical review will be performed in accordance with Subpart E of 10 CFR Part 20, "Standards for Protection Against Radiation. n The results of the staffs review will be documented in an Environmental Assessment (EA), or Environmental Impact Statement (EIS) if a Finding of No Significant Impact cannot be made, and a Safety Evaluation Report (SER). If an EA or EIS is prepared, the EA or EIS will be shared with the appropriate State, and State comments will be considered in finalizing the EA or EIS. The final EA or EIS must be summarized in the Federal Register.

Following publication of the EA or EIS, a license amendment will be issued approving the DP.

Following approval of the DP, the licensee must complete decommissioning in accordance with the approved DP within 24 months or apply for an alternate schedule.

NRC staff will inspect the licensee and receive reports during decommissioning operations to ensure compliance with the DP. These inspections will normally include in-process and confirmatory radiological surveys.

As the final step in decommissioning, the licensee is required to

• Certify the disposition of all licensed material, including accumulated wastes, by submitting a completed NRC Form 314 or equivalent information; and

• Conduct a radiation survey of the premises where licensed activities were carried out (in accordance with the procedures in the approved DP) and submit a report of the results of the survey, unless the licensee demonstrates in some other manner that the premises are suitable for release in accordance with the Subpart E of 10 CFR Part 20.;

• Properly dispose of licensed material;

• Make reasonable effort to eliminate residual radioactive contamination, if present;

• Ensure the site meets the approved DP; and

• Perform a radiation survey or demonstrate that the premises are suitable for release in accordance with the Subpart E of 10 CFR Part 20.

If the licensee were to propose to transfer the license to a decommissioning company or other entity, the licensee would submit an application for license transfer pursuant to 10 CFR 30.34, "Terms and Conditions of Licenses". Such an application would have much of the same information as a Decommissioning Plan, along with additional information on the qualifications of the decommissioning company and the financial assurances that the decommissioning process would be completed by the decommissioning company wishing to assume the license. The results of the NRG staff's review would be documented in a Safety Evaluation Report (SER). Upon satisfactory completion of this review, the NRG could approve transfer of the license to the decommissioning company, together with any necessary modifications to the license.

The NRG could elect to review a DP and License Transfer Request in parallel in a case where an approved DP did not already exist.

In some cases, the NRG oversees decommissioning of sites that do not have a current NRG license at the initiation of decommissioning activities, but the NRG has jurisdiction over the byproduct material at the site. In such cases there are no existing licensing bases in areas such as security, emergency preparedness, fire protection, quality assurance, environmental moniton·ng, radiation safety, and ALARA that would comply with NRG requirements. Instead of a Decommissioning Plan, the NRG requires a Decommissioning Worl< Plan be provided for NRG review and approval. The NRG documents its findings in a Technical Evaluation Report, instead of a Safety Evaluation Report. The Decommissioning Work Plan incorporates all of the above listed topics as well as the Decommissioning Plan items discussed in NUREG 1757. The NRG has been successful with this process at a number of unlicensed sites where the NRG has jurisdiction, including AAR Manufacturing, Kaiser Aluminum, and Breckenridge, Notional Application of the NRC Process for the SSSB

Since the SSSB is not an NRG- licensed radiological vessel, the following outline describes a framework under which the NRC could assist NAVSEA with the oversight of SSSB decommissioning. Rather than NRC regulation of these activities, NAVSEA is presenting this Notional Framework wherein the NRC would provide support to NAVSEA to facilitate the decommissioning of the SSSB. Under this construct, the NRC would perform the same reviews prior to decommissioning and perform the same inspections and receive reports during and after decommissioning as it would for an unlicensed facility where the NRC is overseeing decommissioning activities. This would also include similar reviews to those that would be performed in cases in which a license transfer to a decommissioning company was being proposed. However, instead of taking any regulatory action with the owner (non-licensee) or decommissioning contractor company, the NRC would provide recommended actions to NAVSEA.

NAVSEA, in turn, would take action through its contract with the decommissioning company to implement the NRC recommendations. Key steps in this process would include the following.

1. NAVSEA's contract with the decommissioning contractor company would require that decommissioning contractor company perform SSSB dismantlement and disposal in compliance with all NRC regulations that would apply to an NRC licensee or an unlicensed company whose decommissioning the NRC was overseeing. In the contract, NAVSEA will require that the decommissioning contractor company comply with all NRC requirements. By contract, NAVSEA would also require that the decommissioning contractor company provide the same information and access to the NRC as would be required for an NRC-licensed decommissioning process. However, since there is no licensee, the NRC will prepare a technical evaluation report for the Navy instead of a safety evaluation report.

2. Under contract to NAVSEA, the decommissioning contractor company, in cooperation with NAVSEA, would prepare a Decommissioning Work Plan in accordance with NRC requirements. The Decommissioning Work Plan would be submitted to the NRC for review. Under a to-be-developed lnteragency Agreement with NAVSEA, the NRC would conduct the same review as it would for an unlicensed site whose decommissioning was regulated by NRC. Any Requests for Additional Information for the decommissioning contractor company would be provided to NAVSEA, and any additional information submittals would be required to be addressed under NAVSEA's contract with the decommissioning contractor company. If the Decommissioning Work Plan was adequate, as the servicing agency for the Navy, the NRC would prepare a Technical Evaluation Report and a draft EA and draft FONSI, if an EIS was not required to support the Navy's decision on the Decommissioning Work Plan. If the Decommissioning Work Plan was acceptable, the NRC would recommend that the Navy approve the Plan and issue the EA and FONSI or EIS, and NAVSEA would take that action in accordance with the contract.

3. NAVSEA would transfer possession of the SSSB to the decommissioning contractor company. This transfer would only occur after the NRC reviewed a Request for Transfer of Possession. The Request for Transfer of Possession should include the information specified in 10 CFR 30.34(b)(2). Although no license exists to be transferred, the NRC's review would be similar to the type of review performed for a proposed license transfer, including review of the company's technical capabilities and the financial assurances to ensure that the decommissioning contractor company would be able to complete the required SSSB dismantlement and disposal. This NRC review could be done in parallel with the NRC review of the Decommissioning Work Plan.

Rather than taking action to approve or disapprove a license transfer, the NRC would make a recommendation to NAVSEA on whether or not to transfer possession of the SSSB to the decommissioning contractor company.

4. If the Decommissioning Work Plan and transfer of the SSSB were recommended by the NRC and authorized by NAVSEA under the contract, the NRC would inspect the progress of the dismantlement and disposal for compliance with NRC regulations in the same manner that the NRC would for a licensed decommissioning process. However, the findings of such inspections would be provided to NAVSEA rather than to the decommissioning contractor company. If corrective actions or penalties were recommended by the NRC, it would be the responsibility of NAVSEA to take action to require such actions or enforce any penalties.

5. The NRC's reviews and inspections would be performed in accordance with NRC publicly available inspection manual chapters and inspection procedures and would focus on radiological hazards. Non-radiological hazards, including occupational safety and health, RCRA hazardous materials, PCBs, and asbestos containing materials, would be regulated by other State and Federal agencies in the same manner that these hazards are regulated in non-nuclear Navy ship dismantlement and recycling.

6. Following completion of SSSB dismantlement and disposal, the NRC would perform any necessary final inspections, confirmatory surveys, and technical reviews to ensure that all parts of the SSSB were· properly disposed of and that the dismantlement site is suitable for unrestricted release. NRC would provide the results of such final reviews in a "Closure" letter with a Technical Evaluation Report to document NRC's closure of our activities in lieu of a license termination letter to NAVSEA. NAVSEA would take any required action prior to contract closeout with the decommissioning contractor company.

Throughout this entire process, it is the intention of both NRG and NAVSEA that SSSB dismantlement and disposal be conducted, as closely as possible, in accordance with NRG regulations. However, in, no case would the NRG act directly as a regulator of the decommissioning contractor company, but rather would provide all recommended approvals, recommended disapprovals, requests for additional information, inspection results, and recommended enforcement actions or penalties to NAVSEA. It would be NAVSEA's intent to enforce the NRC's recommended actions by contract, without any addition to or subtraction from, the NRC's recommendations.

r,;-HE PROPOSED NUCLEAR REGULATORY

COMMISSION APPROACH TO SUPPORT

RADIOLOGICAL DECOMMISSIONING OF

NAVAL VESSELS

SURFACE SHIP SUPPORT BARGE (SSSB)

SOLICITATION N00024-18-R-4339 MEETING

NOVEMBER 6, 2018

THEODORE SMITH

PROJECT MANAGER, REACTOR DECOMMISSIONING BRANCH

OFFICE OF NUCLEAR MATERIAL SAFETY

AND SAFEGUARDS

United State, Nuclear Regulatory Comminion

Protecting People and the E11viro11me11t

Objectives of the NRC Decommissioning Program

• Verify au radiological safety programs are adequate.

• Verify there are no unevaluated safety hazards or environmental conditions

• Ensure radiological material is safely managed, stored, transported, and disposed

• Ensure decommissioning methods do not preclude unrestricted release

• Examin.e trends in licensee safety performance

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NRC's role for SSSB

No direct regulatory role over NAVSEA radiological decommissioning

NAVSEA contract to direct D&D to follow NRC regulations

NRC provides recommended actions to NAVSEA

Review planning documents, procedures, and work plans

Participate in teleconferences and meetings supporting work planning and implementation

NRC provides Technical Evaluation Reports and draft NEPA documentation to

NAVSEA

Conduct onsite inspections and radiological surveys

Review final radiological survey documents

NRC evaluation of suitability for unrestricted release in final closure letter to

NAVSEA

Review final inspections, confirmatory surveys and technical reviews

Decommissioning Reviews

Decommissioning Work Plans and procedures Planned preparatory work

Worker Health and Safety Plans

Radiation Protection Program Plans, including

ALARA

Radioactive Waste Management Plans

Quality Assurance Programs

Site Security Plans

Survey Procedures

Transfer of SSSB to contractor Review of Dose Modeling and DCGLs, including use of screening values Final Status Survey Plan Final Status Survey Reports

Developing Clean up Criteria

NUREG 1757, Vol 2, Consolidated Decommissioning Guidance

Agency Wide Documents Access and Management System [ADAMS] Accession Number ML063000252

1) Complex Cleanups Develop Source Term Model

Site Characterization

Utilize computer codes to develop Derived Concentration Guideline Levels (DCGLs) for cleanup

RESRAD, RESRAD-Build, RESRAD-Probabilistic, D&D

2) Simplified Criteria Validate assumptions of Screening Criteria

3) "No-Detect" methodologies (FC 83-23, ADAMS ML003745523; IE Notice 81-07)

Decommissioning Work Plan Contents (From NUREG 1757, Vol 1, ADAMS ML063000243)

• Description of si1te conditions,

- Radiological, HAZMAT, confined spaces

• Description of plianned decommissioning activities (e.g., D&D Methods & Techniques, Rad Waste

Management Plans)

• Description of methods for protecting workers and the environment from radiological hazards

• Description of the planned final radiation survey

• Change Control Criteria

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Radiological Survey Reporting

Contractor provides technical report documenting acceptable final radiological condition

May be divided into a Survey Plan (pre-survey) and Final Report (Post-Survey)

Contents:

Description of instrumentation selection, calibration, and explanation of appropriate detection capabilities

Development of statistical methods utilized for survey design

MARSSIM (NUREG-1575), MARSAME, surrogates

Computer modeling simulation runs, including justification of parameters

Validation of assumptions for screening criteria

ALARA justification

All Survey Data

THE PROPOSED NUCLEAR REGULATORY

COMMISSION APPROACH TO SUPPORT

INSPECTION OF NAVSEA SURFACE SHIP

RADIOLOGICAL DECOMMISS:IONING

SURFACE SHIP SUPPORT BARGE (SSSB)

SOLICITATION N00024-18-R-4339 MEETING

NOVEMBER 6, 2018

BRUCE A. WATSON, CHP

CHIEF, REACTOR DECOMMISSIONING BRANCH

OFFICE OF NUCLEAR MATERIAL SAFETY

AND SAFEGUARDS

�U.S.NRC

Unircd Sta1c:1o Nuclear Regulatory Commiuion

Protecting People and the Environment

NRC Decommissioning Inspection Program

Oversight and monitoring conducted over e en ire perI0 o decommissioning process

Oversight program is described in Inspection Manual Chapter (IMC) 2561 & 2690

NRC INSPECTION MANUAL -

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Objectives of the NRC Inspection Program

• Through observation, objectively verify safe conduct of decommissioning activities and oversight

• Verify adequacy of controls

• Ensure safety problems and violations are promptly identified and corrected and effective actions are taken to prevent recurrence

• Examine trends in safety performance

·l U.S.NRC

Inspection Planning and Reports

• Routine inspection schedule

- Pl.anned about a year in advance

- Coordinated with the NMSS program office

- ln.spection planning and execution

- Inspection Plans

- Inspection Procedures

- Exit Meetings

- Inspection Reports

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Decommissioning Inspection Activities

• Decommissioning Power Reactor Inspection Program:

- 11 Core Inspection Procedures

- 58 Discretionary Procedures

• Generally scheduled during periods of higher risk activities

- Includes security and emergency preparedness

• Independent radiological surveys,

- Requires safe and unfettered access for NRC inspectors and survey teams

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Inspection and Confirmatory Survey Activities

- During and after remediation activities, NRC conducts independent radiological measurements to confirm

- survey methodologies, and

- acceptable final site radiological condition

- NRC may perform sampling and request split sampling with the contractor

- NRC may employ Oak Ridge Institute for

Science and Education (ORISE aka ORAU) to perform independent…