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.
What do Enforcement Sanctions Include?
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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.
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How Does DOE Handle the Enforcement Program?
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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.
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Where Can I Find DOE's Nuclear Safety Requirements?
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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. |
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Do Nuclear Safety Rules Apply to Everyone?
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The Nuclear Safety Rules apply to any person or
organization involved in a contract with DOE to support work with nuclear
materials within the |
What are BNL’s Responsibilities for Documenting and Reporting PAAA Noncompliances?
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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 the Price-Anderson Amendments Act Compliance Validation
and Noncompliance Reporting Program Description.
This document 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?
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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/