ML110250181

Ohio Dept of Public Safety/Request Permission to Observe NRC Inspection Concerning Radiation Protection at Davis-Besse Nuclear Power Station Scheduled for the Week of January 24, 2011/Letter

ML110250181
Person / Time
Site:	Davis Besse
Issue date:	01/18/2011
From:	O'Claire C State of OH, Dept of Public Safety
To:	Allan Barker NRC/RGN-III
References
Download: ML110250181 (5)

Text

John R. Kasich, Governor OHIO DEPARTMENT Thomas P. Charles, Director O F PUBLIC SAFETY Nancy J. Dragani E D U C A T I O N . SERVICE , PROTECTION Admintstration Bureau of Motor Vehicles Executive Director Emergency Management Agency Emergency Medical Services Emergency Management Agency Office of Criminal Justice Services 2855 West Dublin-Granville Road Ohio Homeland Security Columbus, Ohio 43235-2206 Ohio Investigative Unit (614) 889-7150 Ohio State Highway Patrol www ema Ohio gov January 18,201 I Mr. Allan Barker State and Government Affairs for Region I11 Nuclear Regulatory Commission 2443 Warrensville Road Lisle, Illinois 60605-435 1

Dear Mr. Barker:

This letter requests permission to observe the NRC inspection concerning Radiation Protection at Davis-Besse Nuclear Power Station scheduled for the week of January 24, 201 1.

Mr. Michael Rubadue of the Ohio Department of Health has been selected by the Utility Radiological Safety Board to be the designated observer. Coordination will be made with the NRC Inspector, Tony Go. Mr. Rubadue has obtained unescorted access authorization; therefore, a plant escort will not be necessary.

Enclosed is a copy of Mr. Rubadues signed NRCIState Protocol Statement.

Sincerely, CAROL OCLAIRE State Liaison Ofiicer COC/tmp Enclosure RECEIVE0 JAN 2 5 2011 Mission Statement to save lfves reduce mnjuries and economic loss, to administer Ohios motor vehicle laws afid to preserve the safety and well bemg of all citizens with the most cost-effectwe and service-oriented methods available

Protocol Agreement for State Observation of NRC Inspections NRC Protocol:

The Regional State Liaison Officer (RSLO) will normally be the lead individual responsible for tracking requests for state observation, assuring consistency regarding these requests, and for advising the Regional Administrator on the dispositions of these requests. The appropriate technical representative or Division Director will communicate with the State on specific issues concerning the inspections(s).

Requests for observations of Headquarter-based inspections will also be coordinated through the RSLO.

Headquarters-based inspections should be referred through the RSLO to a technical representative designated by the Region.

NRC will process written requests to the Regional Administrator through the State Liaison Officer (SLO).

Requests should identify the typc of inspection activity and facility the State wishes to observe.

Limits on scope and duration of the observation period may be imposed if, in the view of the Regional Administrator, they compromise the efficiency or effectiveness of the inspection. Regions should use their discretion as to which, if any, inspections will be excluded from observations.

State will be informed they must not release information concerning the time and purpose of unannounced inspections.

a The Region will make it clear to the licensee that the State views are not necessarily endorsed by NRC. The Region will also make it clear that only NRC has regulatory authority for inspection findings and enforcement actions regarding radiological health and safety.

State Protocol:

A State will make advance arrangements with the licensee for site access training and badging (subject to fitness for duty requirements). prior to the actual inspection.

Normally. no more than one individual will be allowed to observe an KRC inspcction.

The State will be responsible for determining the technical and professional competence of its reprcscntatives who accompany XRC inspectors.

An observer's communication with the licensee will be through the appropriate WKC team member, usually thc senior resident inspector or the team leader.

a When informed of an unannounced inspection, a State must not release information concerning its time and purpose.

An observer will remain in thc company of NRC personnel throughout the course of the inspection.

State observation may be terminated by thc NRC if the observer's conduct interferes with a fair and orderly inspection.

a An observer will not be provided with proprietary or safeguards information. Observers will not remove any material from the site without NRC or licensee approval.

2 The State observer, in accompanyng the NRC inspectors, does so at h ~ or s her own risk. NRC will not be responsible for injuries or exposures to harmful substances nhich may occur to the accompanying individual during the inspection and will assume no liability for any mcidents associatcd wth the accompaniment.

The State observer will be expected to adhere to the same conduct as NRC inspectors during an inspection accompaniment.

If the State observer nohces any apparent non-conformance with safety or regulatory requirements during the inspections, hekhe wll makc those observations promptly known to the NRC team leader or lead inspector.

Likewise, when overall conclusions or views of the State observer are substantially hfferent from those of the NRC inspectors, the State will advise the team leader or lead mspector and forward those views, in writing, to the NRC Region. This will allow NRC to take any necessary regulatory actions 0 Under no circumstances should State commurucahons regardmg these inspections be releascd to the public or the licensee before they are reviewed by the NRC and the inspection report is issued. State communications may be made publicly amlable, similar to NRC inspection reports, after they have been transmitted to and reviewed by NRC.

Adjacent State Protocol:

e An adjacent State is a Stare within the plume exposure pathway emergency planning zone (EPZ) (wthm approximately a IO-mile radius) of an NRC-hcensed facility located in another State A host State is a State in which an NRC-hcensed facility is located. An adjacent State may request permission to observe FRC inspections at an NKC-licensed facility in a host State.

The adjacent State SLO must communicate hisher request for observation to the Regional Admmstrator for the region in whch the facility IS located.

1he adjacent State SLO must also communicate hdher request to the host State SLO so that each State i s aware of the othcrs intentions If a host State and an adjacent State request observation of the same inspection, the Regional Admnistrator will make the final deterrmnahon on the number of State observers who m a y attend the inspection. If there is a need to lirmt the number5 of observers, the Regional Admstrdtor mill routinely give preference to the host State observers

• Adjacent State obscrvcrs will abide by the same protocol in all aspects of the inspection as host States under Signature of gate Observer