PAAA

PRICE-ANDERSON AMENDMENTS ACT (PAAA)

What is the Price-Anderson Amendments Act?

The 1988 Price-Anderson Amendments Act (PAAA) is an amendment to the Atomic Energy Act of 1954. This continues the indemnification of DOE contractors from costs related to public liability. It differed from the original act in two principal ways:
(1) It made Price-Anderson coverage mandatory for all management and operating (M&O) contractors, subcontractors and suppliers conducting nuclear activities for DOE. (For the purposes of the statute, "nuclear" includes "radiological.")
(2) Congress mandated that DOE change its methods of managing nuclear activities at contractor operated sites by requiring DOE to undertake enforcement actions against indemnified contractors for violations of nuclear safety requirements. The establishment of enforcement sanctions as a method of ensuring compliance with safety requirements is intended to minimize the risk to workers and the public.

The 1988 Price-Anderson Amendments Act (PAAA) is an amendment to the Atomic Energy Act of 1954. This continues the indemnification of DOE contractors from costs related to public liability. It differed from the original act in two principal ways: (1) It made Price-Anderson coverage mandatory for all management and operating (M&O) contractors, subcontractors and suppliers conducting nuclear activities for DOE. (For the purposes of the statute, "nuclear" includes "radiological.") (2) Congress mandated that DOE change its methods of managing nuclear activities at contractor operated sites by requiring DOE to undertake enforcement actions against indemnified contractors for violations of nuclear safety requirements. The establishment of enforcement sanctions as a method of ensuring compliance with safety requirements is intended to minimize the risk to workers and the public.

What do Enforcement Sanctions Include?

For all M&O contractors, subcontractors and suppliers thereto, DOE has the authority to issue Notices of Violation when noncompliances with nuclear safety requirements are identified. In addition, for cases involving for-profit contractors, DOE has the authority to issue fines for violations of nuclear safety rules up to $110,000 per day per occurrence, criminal penalties as well as civil penalties.

For all M&O contractors, subcontractors and suppliers thereto, DOE has the authority to issue Notices of Violation when noncompliances with nuclear safety requirements are identified. In addition, for cases involving for-profit contractors, DOE has the authority to issue fines for violations of nuclear safety rules up to $110,000 per day per occurrence, criminal penalties as well as civil penalties.

How Does DOE Handle the Enforcement Program?

10 CFR Part 820 (Procedural Rules for DOE Nuclear Activities) establishes the legal framework for implementing DOE's Nuclear Safety Enforcement Program. The responsibility for program development and implementation has been assigned to the Enforcement and Investigation Staff (EH-6) in the Office of Environment, Safety and Health. The Enforcement Program relies on existing DOE management systems and technical resources to assure that the enforcement process properly considers the actual or potential safety significance of a violation when determining an appropriate enforcement sanction.

10 CFR Part 820 (Procedural Rules for DOE Nuclear Activities) establishes the legal framework for implementing DOE's Nuclear Safety Enforcement Program. The responsibility for program development and implementation has been assigned to the Enforcement and Investigation Staff (EH-6) in the Office of Environment, Safety and Health. The Enforcement Program relies on existing DOE management systems and technical resources to assure that the enforcement process properly considers the actual or potential safety significance of a violation when determining an appropriate enforcement sanction.

Where Can I Find DOE's Nuclear Safety Requirements?

Currently, four Rules are enforced as Nuclear Safety Rules. These are:
10 CFR 820, Procedural Rules for DOE Nuclear Activities
Appendix A to 10 CFR 820, Amendment of Enforcement Policy Statement
10 CFR 830, Nuclear Safety Management
10 CFR 835, Occupational Radiation Protection (Final Rule - 11/98)
10 CFR 835, Occupational Radiation Protection (Old Rule)
10 CFR 708, DOE Contractor's Employee Protection Program
Also see the DOE Office of General Counsel Interpretations which are binding on how rules are to be applied.

Currently, four Rules are enforced as Nuclear Safety Rules. These are: 10 CFR 820, Procedural Rules for DOE Nuclear Activities Appendix A to 10 CFR 820, Amendment of Enforcement Policy Statement 10 CFR 830, Nuclear Safety Management 10 CFR 835, Occupational Radiation Protection (Final Rule - 11/98) 10 CFR 835, Occupational Radiation Protection (Old Rule) 10 CFR 708, DOE Contractor's Employee Protection Program Also see the DOE Office of General Counsel Interpretations which are binding on how rules are to be applied.

Do Nuclear Safety Rules Apply to Everyone?

The Nuclear Safety Rules apply to any person or organization involved in a contract with DOE to support work with nuclear materials within the United States. Work at accelerator facilities is not subject to 10 CFR 830 requirements. Work does not need to involve direct handling of nuclear materials: if the work might affect nuclear safety, the Rules apply.

The Nuclear Safety Rules apply to any person or organization involved in a contract with DOE to support work with nuclear materials within the United States. Work at accelerator facilities is not subject to 10 CFR 830 requirements. Work does not need to involve direct handling of nuclear materials: if the work might affect nuclear safety, the Rules apply.

What are BNL’s Responsibilities for Documenting and Reporting PAAA Noncompliances?

As an indemnified contractor, BNL is responsible for timely self-identification and reporting of PAAA noncompliances, and for prompt and comprehensive corrective actions. The mechanisms in place to accomplish this are integrated throughout BNL policies, programs and procedures. The mechanisms for evaluating and reporting significant PAAA noncompliances to the DOE are delineated in Environment, Safety and Health Standard 1.1.1, “Price Anderson Amendment Act Compliance Validation and Noncompliance Reporting Program”. This procedure identifies the roles and responsibilities of the Laboratory PAAA Coordinator and the Laboratory PAAA Working Group. The Laboratory Director annually appoints members to the Working Group. The membership and charge of the PAAA Working Group is identified in the BNL Committee Handbook - PAAA Working Group Charter .

As an indemnified contractor, BNL is responsible for timely self-identification and reporting of PAAA noncompliances, and for prompt and comprehensive corrective actions. The mechanisms in place to accomplish this are integrated throughout BNL policies, programs and procedures. The mechanisms for evaluating and reporting significant PAAA noncompliances to the DOE are delineated in Environment, Safety and Health Standard 1.1.1, “Price Anderson Amendment Act Compliance Validation and Noncompliance Reporting Program”. This procedure identifies the roles and responsibilities of the Laboratory PAAA Coordinator and the Laboratory PAAA Working Group. The Laboratory Director annually appoints members to the Working Group. The membership and charge of the PAAA Working Group is identified in the BNL Committee Handbook - PAAA Working Group Charter .

Where Can I Find Information on What Enforcement Actions Have Been Taken?

Enforcement actions are tracked on the DOE enforcement home page. This link lets you view or download enforcement letters and enforcement actions issued for DOE facilities.

Additional information on DOE's EH-6 Enforcement and Investigation Program at http://tis-nt.eh.doe.gov/enforce/