EEOICPA CIRCULAR NO. 10-01 October 28, 2009

SUBJECT: High Energy Rate Forging Facility is a DOE facility

As part of adjudicating a claim, the issue was raised as to whether the High Energy Rate Forging (HERF) facility in Oxnard, CA was a covered Department of Energy (DOE) facility under the Energy Employees Occupational Illness Compensation Program Act (EEOICPA). After researching the issue and reviewing related documentation, it was determined that the HERF facility is a covered DOE facility from 1984 through June 30, 1997.

The relevant statutory definition states: The term “Department of Energy facility” means any building, structure, or premise, including the grounds upon which such building, structure, or premise is located

(A) in which operations are, or have been, conducted by, or on behalf of, the Department of Energy (except for buildings, structures, premises, grounds, or operations covered by Executive Order No. 12344, dated February 1, 1982 (42 U.S.C. 7158 note), pertaining to the Naval Nuclear Propulsion Program); and

(B) with regard to which the Department of Energy has or had

i. a proprietary interest; or

ii. entered into a contract with an entity to provide management and operation, management and integration, environmental remediation services, construction, or maintenance services. (emphasis added) 42 U.S.C. § 7384l(12).

The HERF facility was used to perform forgings in the manufacture of non-nuclear weapons parts under the direction of DOE’s Rocky Flats Plant. This work demonstrates that the HERF performed operations “on behalf of” the DOE.

Based upon an official DOE website and a publication entitled, “Rockwell International, Precision Forge Oxnard Facility, Capability Study,” DOE owned the HERF facility property from 1984 through June 30, 1997, thus fulfilling the second part of the definition for proprietary interest. Additionally, the HERF was operated under the same management and operation (M&O) contract as the Rocky Flats Plant. These M&O contractors were Rockwell International, EG&G Rocky Flats, Inc. and Kaiser Hill.

Accordingly, the HERF is a DOE facility for purposes of the EEOICPA for the period from 1984 through June 30, 1997 and staff should handle claims in a manner consistent with this guidance.

Rachel P. Leiton

Director, Division of Energy Employees

Occupational Illness Compensation

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