§ 820.62 Criteria.

The criteria for granting an exemption to a DOE Nuclear Safety Requirement are determinations that the exemption: (a) Would be authorized by law; (b) Would not present an undue risk to public health and safety, the environment, or facility workers; (c) Would be consistent with the safe operation of a DOE nuclear facility; and (d) Involves special circumstances, including the following: (1) Application of the requirement in the particular circumstances conflicts with other requirements; or (2) Application of the requirement in the particular circumstances would not serve or is not necessary to achieve its underlying purpose, or would result in resource impacts which are not justified by the safety improvements; or (3) Application of the requirement would result in a situation significantly different than that contemplated when the requirement was adopted, or that is significantly different from that encountered by others similarly situated; or (4) The exemption would result in benefit to human health and safety that compensates for any detriment that may result from the grant of the exemption; or (5) Circumstances exist which would justify temporary relief from application of the requirement while taking good faith action to achieve compliance; or (6) There is present any other material circumstance not considered when the requirement was adopted for which it would be in the public interest to grant an exemption.