LLNS Request for Permanent Variance from 10 CFR 851 for Construction

Abstract

Lawrence Livermore National Security, LLC (LLNS) requests variance from 10 CFR 851 (the Rule) for construction work at Lawrence Livermore National Laboratory (LLNL). The request is based upon successful application of similar variances granted to LLNS in continued support of the National Nuclear Security Administration (NNSA) initiative to streamline the delivery of line-item construction projects under $50 million. This request is aligned with the approved NA 50 safety approach. Experience gained in the construction of the new LLNL Emergency Operations Center (EOC) under the variance granted in June 2020 and construction preparations to date on the Digital Infrastructure Capabilities Expansion (DICE) under the variance granted April 2022 is very encouraging. There are strong indicators that a benefit has been realized by both the subcontractors executing the work and the Laboratory. The variance has permitted local/regional construction businesses contracted to Management & Operation Contractor operated facilities and lower tier subcontractors to bid, operate, execute, and comply with safety and health standards they utilize in their business outside of the Department of Energy (DOE) Complex. While compliance to standards that are as safe and healthful as those in 10 CFR 851: confusion, additional cost, and inefficiencies associated with the burden of compliance to an unfamiliar regulatory spectrum has been avoided. Safety and health performance on the construction project including the number of inspection and surveillance issues is comparable to other subcontractors and projects at LLNL executed under 10 CFR 851. This variance application was prepared according to the requirements in 10 CFR 851, Subpart D – Variances, § 851.31 Variance Process. This request is limited to subcontractor executed construction at LLNL.