EEOICPA CIRCULAR NO. 07-02 May 8, 2007
SUBJECT: Clinton Engineer Works
After research and consultation with Counsel for Energy Employees Compensation, Division of Federal Employee’ and Energy Workers’ Compensation (Counsel) it has been determined that under the Energy Employees Occupational Illness Compensation Program Act (EEOICPA or the Act) the Clinton Engineer Works (CEW) is a covered DOE facility for the period 1943-1949.
As the attached map shows, the CEW includes the present-day town of Oak Ridge, TN, as well as the various processing plants located in Oak Ridge, including Y-12, K-25 (including K-27), and X-10, all of which were previously designated. This circular does not affect coverage of these plants in any way and is intended only to provide notice of the additional coverage of the CEW.
The relevant statutory sections are:
42 U.S.C. § 7384l(10) The term “Department of Energy” includes the predecessor agencies of the Department of Energy, including the Manhattan Engineering [sic] District
42 U.S.C. § 7384l(12) 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).
Operations on behalf of the DOE were conducted by the Roanne-Anderson Company and a host of subcontractors. Roanne-Anderson Company was formed specifically for the task of operating the CEW and was named for the two counties in which the CEW is located (the CEW is bisected by the county line). Contract No. W-7401-eng-115 between the MED and Roanne-Anderson was effective as of September 23, 1943 and had the following “Statement of Work” at paragraph 1:
1. The Contractor [the Roanne-Anderson Company, Inc.]shall operate and maintain all Government owned facilities, utilities, services, properties, and appurtenances situated within the Clinton Engineer Works area, in the state of Tennessee, as directed by the Contracting Officer [the MED]; provided, however, that the work to be performed hereunder shall not be deemed to include the operation or maintenance of any plants, facilities, utilities, or appurtenances situated within restricted areas as designated by the District Engineer, Manhattan District, U.S. Engineer Office.
Paragraph 2 of Article I of the contract further describes the work to be performed, and reads as follows, in pertinent part:
a) The operation and maintenance of residences, hotels, restaurants, cafeterias, dormitories, temporary housing facilities, hospitals, laundries, and all other buildings, structures, and facilities whether similar or dissimilar in nature...
b) Operation of the hospitals in accordance with and under the direction and supervision of the Medical Representative of the Contracting Office...
c) Maintenance, heating, repairing and furnishing with necessary services and supplies the schools and church buildings or portions of buildings in which are operated or conducted any of the recreational facilities. The Contractor shall, when directed by the Contracting Officer, pay the compensation to all persons engaged in the operation of the said schools, churches, and recreational facilities less any deductions therefrom required by law or directed by the Contracting Officer or his representatives or provided for any contract of employment. The Contractor shall not be required to operate the schools and churches.
The land shown in the map as the CEW was purchased for the MED shortly after General Groves’ visit in September 1942, though it was not until late in the summer of 1943 that the MED moved its headquarters to Oak Ridge, Tennessee from Manhattan, NY.
Once the Atomic Energy Commission (AEC) was created, all the property from the MED was transferred to the newly created agency, so that by January 1, 1947, the entire CEW was owned by the AEC. Since the MED and then the AEC owned the land, the proprietary interest portion of the test is also met. All buildings and property that comprise the Clinton Engineer Works is considered a qualifying DOE facility, including the federal building and the power plant. In 1949 the gates to the CEW came down and the process of privatization began with the government selling off the property piece-meal to individuals and businesses.
PETER M. TURCIC
Director, Division of Energy Employees
Occupational Illness Compensation
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