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The Department of Energy (DOE) proposes to amend its regulations for worker safety and health to expedite the review, approval, and deployment of advanced reactors under DOE’s jurisdiction including qualified test reactors in DOE’s reactor pilot program, consistent with Executive Order 14301. The revisions would ensure that DOE’s worker safety and health program continues to protect workers, while incorporating lessons learned from decades of operating experience and fostering nuclear innovation and technologies to the benefit of the United States. Additionally, the proposed rule would make minor updates to these regulations to improve clarity.

Statement of Need:

This rulemaking is necessary to expedite the deployment of advanced reactors under DOE’s jurisdiction, as directed by E.O. 14301, which will contribute towards the Nation’s supply of reliable, diversified, and affordable energy.  This rulemaking is also necessary to streamline and modernize regulations for worker safety and health consistent with section 234C of the Atomic Energy Act of 1954 (AEA).  

Summary of the Legal Basis:

Section 234C of the AEA (codified as 42 U.S.C. 2282c) requires DOE to promulgate worker safety and health regulations.  These regulations are to include flexibility to tailor implementation to reflect activities and hazards associated with a particular work environment; to take into account special circumstances for facilities permanently closed or demolished, or for which title is expected to be transferred; and to achieve national security missions in an efficient and timely manner (42 U.S.C. 2282c(a)(3)).

Alternatives:

One alternative approach that DOE considered but rejected was to make the proposed changes more broadly applicable to the Department as a whole rather than only to Office of Nuclear Energy contractors. However, given that the catalyst for the proposed changes, E.O. 14301, set forth an expedited timeline and affected only Office of Nuclear Energy contractors, the Department decided to focus these proposed changes on Office of Nuclear Energy contractors and defer changes affecting other DOE contractors for future consideration.   

Anticipated Costs and Benefits:

The estimated cost savings, while difficult to quantify precisely, are expected to be realized through time savings and increased efficiency. Specifically, the potential cost savings are estimated to be 1-3% of the contract value per year. For the Idaho National Laboratory, this would be on the order of $20-60 million per year. Faster decision-making and reduced administrative tasks can lead to significant savings in both time and resources.

Risks:

Optional/no response.