ML112560512

Ohio Department of Public Safety/Request Permission to Observe the NRC Inspection Concerning a Radiological Hazard Assessment and Exposure Controls, ALARA Planning and Controls, and Other Areas Related to Radiation Protection at Davis-Besse

ML112560512
Person / Time
Site:	Davis Besse
Issue date:	09/08/2011
From:	Bear M State of OH, Dept of Public Safety
To:	Allan Barker NRC/RGN-III
References
Download: ML112560512 (3)

Text

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John R. Kasich, Governor 0 HIO 0 EPARTMENT

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• Bureau of Motor Vehicles UV' .'"

• 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 September 8,2011 Mr. Allan Barker State and Government Affairs for Region III Nuclear Regulatory Commission 2443 Warrensville Road Lisle, Illinois 60605-4351

Dear Mr. Barker:

This letter requests permission to observe the NRC inspection concerning a Radiological Hazard Assessment and Exposure Controls, ALARA Planning and Controls, and other areas related to radiation protection as they relate to the replacement of the station's reactor pressure vessel head at Davis-Besse Nuclear Power Station scheduled for October 17-21, 2011. Mr. J.

Eric Denison 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, Martin Phalen. Mr. Denison has obtained unescorted access authorization; therefore, a plant escort will not be necessary.

Enclosed is a copy of Mr. Denison's signed NRC/State Protocol Statement.

Sincerely, State Liaison Officer MB/lbo Enclosure Mission Statement "to save lives, reduce injuries and economic loss, to administer Ohio's motor vehicle laws and to preserve the safety and well being of all citizens with the most cost-effective and service-oriented methods available< n RECEVEO StP 1 32011

Protocol Agreement for State Observation of NRC Inspeotions NRC Protocol:

• The Regional State Liaison Officer (RSW) will normally be the lead individual responsible for trackinl requests for State observation. assuring consistency regarding these requests. and for advuing 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 desipated by the Region.

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

Requests should identify the type 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 Resional Administrator, they compromise the efficiency or effectiveness of the inspection. Reaions should use their discretion as to which. if any. inspections will be excluded from observati01lll.

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

• 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 fot inspection rmdings IUld enforcement actions regarding radiological health IUld safety.

State Protocol;

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

• NonnalJy. no more than one individual will be allowed to observe an NRC inspection.

• The State will be responsible for determining the technical and professional competence of its representatives who accompany NRC inspectors.

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

• When informed ofan unannounced inspection, a State mIlst not release infonnation concerning its time and purpose.

• An observer will remain in the company ofNRe personnel throughout the course of the inspection.

• State observation may be terminated by the NRC if the observer's conduct interferes with II fait and orderly inspection.

• An observer will not be provided With proprietary or safeguards information. Observera will nOf rern()vc: any material from the site without NRC or licensee approval.

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• The State observer, in accompanying the NRC inspectors, does so at his or her own risk. NRC will not be responsible for injuries or exposures to hannful substances which may occur to the accompanying individual during the inspection and will assume no liability for any incidents associated with 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 notices any apparent non-conformance with safety or regulatory requirements during the inspections, he/she will make those observations promptly known to the NRC team leader or lead inspector.

Likewise, when overall conclusions or views of the State observer are SUbstantially different from those of the NRC inspectors. the State will advise the team leader or lead inapector and forward those views. in writing. to the NRC Region. This will allow NRC to take any necessary regulatory actions.

• Under no circumstances should State communications regarding these inspections be relca..,d to the public or the licensee before they are reviewed by the NRC and the inspection roport is issued. State comnumications may be made publicly available, similar to NRC inspection reports, alter they have been transmitted to and reviewed by NRC.

Adjacent State Protocol:

• An adjacent State is a State within the plume exposure pathway emergency planning zone (EPZ) (within approximately a 10-mile radius) of an NRC-licensed facility located in another State. A host State is a Slate in which an NRC-licensed facility is located. An adjacent State may request permission to observe NRC inspections at an NRC-licensed facility in a host State.

• The adjacent State SLO Illl.Ist communicate bislher request for observation to the Regional Administrator for the region in which the facility is located.

• The adjacent State SLO must also communicate his/her request to the host State SLO so that each State is aware of the other's intentions.

• If a hoI$t State and an adjacent State request observation of the same inspection, the Regional Administrator will make the tinal determination on the number of State observers who may anend the inspection. If there is a need to limit the numbers of observers, the Regional Administrator will routinely live preference to the host State observers.

,. Adjacent State observers will abide by the same protocol in all aspects or the inspection a. hoat States under this agreement.

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