Exemptions to Establish Implementation Plans

DOE-STD-1083-95

Docketing Clerk shall maintain a comprehensive docket for exemption decisions. The approving

Secretarial Officer shall also ensure that the requesting organization receives a copy of the

decision within 48 hours after filing the decision.

4. EXEMPTIONS TO ESTABLISH IMPLEMENTATION PLANS

The provisions of 10 CFR Part 820.65 are as follows:

With respect to a DOE Nuclear Safety Requirement for which there is no regulatory

provision for an implementation plan or schedule, an exemption may be granted to

establish an implementation plan which reasonably demonstrates that full

compliance with the requirement will be achieved within two years of the effective

date of the requirement without a determination of special circumstances under

Paragraph 820.62(d).

The majority of nuclear safety rules (final and proposed) specify that compliance is to be achieved

in accordance with a schedule either specified in the rule or in a plan or program required by the

rule (referred to as "implementation plans" in 10 CFR Part 820.65). Both of these provisions

permit "phased-in" implementation of the requirements. However, a few of the nuclear safety rules

contain requirements which are to be fully implemented by the effective date of the rule. DOE

believes these requirements are already substantially implemented through contractual

requirements. It is recognized that a few contractors may not be in full compliance with these rules

when they are issued and may need up to two years to achieve full compliance. Consequently, for

those nuclear safety rules which do not contain a provision for phased-in compliance through

either a specified schedule or an implementation plan, 10 CFR Part 820.65 permits DOE to

approve an exemption to establish a schedule for achieving compliance for up to two years from

the effective date of the rule without a determination of special circumstance (see 10 CFR Part

820.62.d for special circumstances).

For any exemption granted under the provisions of 10 CFR Part 820.65, the contractor must

demonstrate and DOE must agree that: (1) the exemption is authorized by law, (2) there will be no

undue risk to human health or safety or the environment as a result of granting the exemption, and

(3) the exemption would be consistent with the safe operation of the facility.