As defined in the Board's Enabling Legislation, the term "Department of Energy defense nuclear facility" means any of the following:
- A production facility or utilization facility (as defined in section 2014 of the Atomic Energy Act) that is under the control or jurisdiction of the Secretary of Energy and that is operated for national security purposes, but the term does not include:
- any facility or activity covered by Executive Order No. 12344, dated February 1, 1982 [42 U.S.C. § 7158 note], pertaining to the Naval nuclear propulsion program;
- any facility or activity involved with the transportation of nuclear explosives or nuclear material;
- any facility that does not conduct atomic energy defense activities; or
- any facility owned by the United States Enrichment Corporation.
- A nuclear waste storage facility under the control or jurisdiction of the Secretary of Energy, but the term does not include a facility developed pursuant to the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101 et seq.) and licensed by the Nuclear Regulatory Commission.