LLNS Request for Variance from 10 CFR 851 for Construction of LLNL Digital Infrastructure Capabilities Expansion Project
Lawrence Livermore National Security, LLC (LLNS) requests variance to 10 CFR 851 (the Rule) for the construction of the Digital Infrastructure Capabilities Expansion (DICE) project. The request isin continued support of the National Nuclear Security Administration (NNSA) “pilot” to streamline the delivery of commercial-like line-item construction projects under $50 million. This pilot is aligned with the approved NA-50 safety approach. Experience gained in the construction of the new Lawrence Livermore National Laboratory (LLNL) Emergency Operations Facility (EOC) under the variance granted in June 2020 is very encouraging. While detailed analysis will be forthcoming after that project is completed, there are strong indicators that a benefit has been realized by the subcontractors executing the work. 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 EOC construction project including the number of inspection and surveillance issues is comparable to other subcontractors and projects at LLNL executed under 10 CFR 851.