ML051570547
| ML051570547 | |
| Person / Time | |
|---|---|
| Site: | Prairie Island  |
| Issue date: | 06/16/2005 |
| From: | Virgilio M NRC/EDO |
| To: | Bloomgren P State of MN, Dept of Health |
| Maupin C, STP, 301-415-2312 | |
| References | |
| Download: ML051570547 (2) | |
Text
June 16, 2005 Ms. Patricia Bloomgren, Director Division of Environmental Health Minnesota Department of Health P. O. Box 64975 St. Paul, MN 55164-0975
Dear Ms. Bloomgren:
I am writing to provide you with information about the current schedule for completion of our review of Minnesotas request for an Agreement. An inquiry received from Minnesota staff subsequent to receipt of Governor Pawlentys June 6, 2004, request for an Agreement, raised a question relating to possible Federal preemption in an area of State regulation, and its impact on the Agreement request. The inquiry related to a dose standard memorialized in an order by the Minnesota Public Utility Commission applicable to an independent spent fuel storage installation at the Prairie Island Nuclear Power Plant, an area of exclusive NRC regulatory jurisdiction. The inquiry prompted the NRC staff to conduct a more broad based review of Minnesota statutes and regulations to ascertain whether they raise Federal preemption questions.
The staffs analysis of this question has taken considerably more time to complete, given the complexity of the issue, than the routine scheduling timeframes. If the NRC determines that the Federal preemption questions, as they may be germane to the Minnesota Agreement, need to be considered further in its evaluation of the proposed Agreement; additional information from Minnesota will likely be required to assist in understanding the impact on the Agreement and its impact on the schedule for completion of processing of the Agreement. If the NRC determines that the Agreement can be completed separate from the preemption question, we anticipate the Agreement could be effective by January 6, 2006, assuming routine scheduling timeframes. In the latter case, the NRC staff would examine and be committed to do what it can to accelerate these timeframes and complete the Agreement in a shorter timeframe. We will communicate with you and your staff, likely in the mid-July timeframe, when we have a better understanding of this matter.
If you have any questions, or would like to discuss this letter, please call me at 301-415-1705, or Mr. Paul Lohaus at 301-415-3340.
Sincerely,
/RA/
Martin J. Virgilio Deputy Executive Director for Materials, Research, State and Compliance Programs Office of the Executive Director for Operations cc:
Linda Bruemmer, Manager Section of Asbestos, Indoor Air, Lead, and Radiation Division of Environmental Health
June 16, 2005 Ms. Patricia Bloomgren, Director Division of Environmental Health Minnesota Department of Health P. O. Box 64975 St. Paul, MN 55164-0975
Dear Ms. Bloomgren:
I am writing to provide you with information about the current schedule for completion of our review of Minnesotas request for an Agreement. An inquiry received from Minnesota staff subsequent to receipt of Governor Pawlentys June 6, 2004, request for an Agreement, raised a question relating to possible Federal preemption in an area of State regulation, and its impact on the Agreement request. The inquiry related to a dose standard memorialized in an order by the Minnesota Public Utility Commission applicable to an independent spent fuel storage installation at the Prairie Island Nuclear Power Plant, an area of exclusive NRC regulatory jurisdiction. The inquiry prompted the NRC staff to conduct a more broad based review of Minnesota statutes and regulations to ascertain whether they raise Federal preemption questions.
The staffs analysis of this question has taken considerably more time to complete, given the complexity of the issue, than the routine scheduling timeframes. If the NRC determines that the Federal preemption questions, as they may be germane to the Minnesota Agreement, need to be considered further in its evaluation of the proposed Agreement; additional information from Minnesota will likely be required to assist in understanding the impact on the Agreement and its impact on the schedule for completion of processing of the Agreement. If the NRC determines that the Agreement can be completed separate from the preemption question, we anticipate the Agreement could be effective by January 6, 2006, assuming routine scheduling timeframes. In the latter case, the NRC staff would examine and be committed to do what it can to accelerate these timeframes and complete the Agreement in a shorter timeframe. We will communicate with you and your staff, likely in the mid-July timeframe, when we have a better understanding of this matter.
If you have any questions, or would like to discuss this letter, please call me at 301-415-1705, or Mr.
Paul Lohaus at 301-415-3340.
Sincerely,
/RA/
Martin J. Virgilio Deputy Executive Director for Materials, Research, State and Compliance Programs Office of the Executive Director for Operations cc:
Linda Bruemmer, Manager Section of Asbestos, Indoor Air, Lead, and Radiation Division of Environmental Health Distribution:
DIR RF SISP Review Complete EDO RF
- Publicly Available G Non-Publicly Available
- Non-Sensitive G Sensitive DOCUMENT NAME: G:\\PHL\\Patricia Bloomgren SLO.wpd *See previous concurrence.
To receive a copy of this document, indicate in the box: "C" = Copy without attachment/enclosure "E" = Copy with attachment/enclosure "N" = No copy OFFICE STP STP:DD OGC STP:D DEDMRS NAME CHMaupin:kk:gd DKRathbun SATreby PHLohaus MJVirgilio DATE 6/6/05*
6/6/05*
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6/15/05*
6/16/05 ML051570547 OFFICIAL RECORD COPY