Re: US Energy Dep't cites nuclear lab over safety

[William V Lipton <liptonw@dteenergy.com>]

My frame of reference was from the 1970's and early 80's.  I'm sure that things
have improved.  However, there are some important differences between 3rd party
regulation and the DOE system, which still seems to be largely self-regulation:
1.  cultural and structural issues - Correct me if this has changed, but the DOE
system generally had the same people inspecting the same projects for long
periods of time.   For major instllations, the inspectors' offices were
generally on the same site as the project.  The inspectors were in the same
social groups and community activities as the contractor personnel.   There is a
strong temptation to "go native," and become more committed to the success of
the project than to safety.

2.  individual accountability - The NRC can and does hold individuals as well as
their organizations accountable for violations.  Look at the NRC Web site, under
"enforcement."  Under the DOE system, citations and even fines may be taken as
the cost of success.  Managers are much more likely to enforce safety
requirements if they will can end up with their own, personal NOV, and may be
barred by the NRC from licensed activities.

I still think that third party regulation is needed.

The opinions expressed are strictly mine.
It's not about dose, it's about trust.

Bill Lipton
liptonw@dteenergy.com

"Minnema, Douglas" wrote:

> Sorry to respond twice in one night, but I guess I should read all the mail
> before responding to individual messages.  To Dave, DOE contractors have
> always be indemnified.  Congress, in the PAAA of 1988, added the mandate to
> fine contractors for noncompliances.  Since the DOE Orders were not legally
> enforceable, but rather contractual obligations, DOE was forced to issue
> nuclear safety rules that met OMB rules for enforceability.  10CFR820 is DOE's
> procedural rule implementing that Act, and only repeats the mandated
> exemptions.  It is not where they originated.
>
> To Ted, please note that PAAA fines are not allowable costs for the
> contractors.  Therefore, the fines come out of their profits, not out of
> their operating funds.  (The exemption was intended to not unduly hurt
> not-for-profits who were providing a service to the government "in the
> public interest", and not for money.)  Furthermore, the contractors
> (including not-for-profits) can also be hit seperately in their contract
> award fees for poor performance in ES&H.  Therefore, they can lose twice,
> and the taxpayer does win.  (By the way, federal law requires DOE to put the
> fines back into the general fund, we cannot use them to fund other
> activities.)
>
> To Bill, if you would look at the record, such as DOE's Office of
> Enforcement's annual report (available from their website), you will find
> that DOE is being quite aggressive in their enforcement activities.  It does
> work differently than the NRC's, but is still very effective.
> Noncompliances are now getting the attention they always deserved.  The
> program may not be perfect yet, but I doubt that the NRC's was perfect after
> only the first five years either.
>
> I have been involved in this program to some degree since 1993, and went
> into it with much skepticism.  But I do believe that changes are happening,
> although slowly and painfully.  Cultural changes never come quickly, and I
> fail to see how external regulation would be any better, just different.
> What DOE has needed for the past several years has been consistency and
> stability in policies and requirements, and the nuclear safety rules and
> PAAA enforcement are finally beginning to provide that.  Another change now
> would only start the confusion all over again, and for uncertain benefits.
>
> Doug Minnema, PhD, CHP
> Defense Programs, NNSA, DOE
>
> what few thoughts i have are truly my own...
>

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