With regard to protecting the public health and safety, is the DOE responsible to the NRC?
The NRC has responsibility for civilian use of nuclear material. In cases where nuclear material is used for military purposes, the NRC has no authority over the DOE beyond the specific activities listed for regulation by the NRC under the Energy Reorganization Act (Section 202). However, Congress has assigned the NRC regulatory authority over activities at a MOX fuel fabrication facility, if it is built and operated. DOE would own the facility. MOX Services would construct and operate the facility for the DOE and would be subject to NRC regulatory authority. Safe and secure handling of licensed material would be the responsibility of MOX Services.
