ML12258A014
| ML12258A014 | |
| Person / Time | |
|---|---|
| Issue date: | 09/13/2012 |
| From: | Anton Vegel Division of Nuclear Materials Safety IV |
| To: | Chisholm B National Security Technologies |
| Torres R | |
| References | |
| Download: ML12258A014 (3) | |
Text
O OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION September 13, 2012 Bruce W. Chisholm Operations Manager Counter Terrorism Operations Support Program National Security Technologies, LLC P.O. Box 98521 Las Vegas, Nevada 89193-8521
SUBJECT:
DEPARTMENT OF ENERGY PRIME CONTRACTOR EXEMPTION UNDER 10 CFR 30.12
Dear Mr. Chisholm:
The Nuclear Regulatory Commission received a letter dated August 28, 2012, from you on behalf of National Security Technologies (NST), a prime contractor with the U.S. Department of Energy (DOE) Nevada National Security Site, requesting authorization to conduct training in Fort Worth, Texas, using radioactive sealed sources during the week of October 1, 2012, under a 10 CFR 30.12 exemption. The objective of the training is to develop the knowledge, skills, and confidence of first responders from local jurisdiction in preventing and responding to radiological/nuclear weapons of mass destruction events.
The NRC regulations provide an exemption in 10 CFR 30.12 to any prime contractor of DOE at a government owned or controlled site, such as NST. However, if the prime contractor or subcontractor is performing work for DOE at another location which is not a government owned or controlled site, then the Commission needs to determine whether the exemption is authorized by law and whether, under the terms of the contract, there is adequate assurance that the work thereunder can be accomplished without undue risk to public health and safety.
In this particular case, NST has requested to conduct work activities in an Agreement State.
Under a Commission Policy Statement (46 FR 7540, January 23, 1981), Agreement States may issue case-by-case exemptions only upon a joint determination by the State and the NRC that the necessary findings have been made; hence the requirement in Texas regulation that the determination of the grant of a specific exemption be made jointly with the NRC.
The NRC has reviewed the salient parts of NSTs prime management and operating contract with DOE. The review determined that the exemption under 10 CFR 30.12 is authorized by law. Additionally, the procedures submitted by NST for conducting work activities in the state of Texas were reviewed. Based on this review, the NRC and the State of Texas have determined that there is adequate assurance that the activity can be accomplished without undue risk to public health and safety. Therefore, the exemption under 10 CFR 30.12 is authorized by law.
UNITED STATES NUCLEAR REGULATORY COMMISSION R E GI ON I V 612 EAST LAMAR BLVD, SUITE 400 ARLINGTON, TEXAS 76011-4125 UNITED STATES NUCLEAR REGULATORY COMMISSION REGION IV 1600 EAST LAMAR BOULEVARD ARLINGTON, TEXAS 76011-4511
OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION Bruce OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION If there are any questions or comments concerning this review, please contact Roberto J.
Torres, Senior Health Physicist, at 817-200-1189 or the undersigned at 817-200-1106.
Sincerely,
/RA/ by VHCampbell for Anton Vegel, Director Division Nuclear Materials Safety
Enclosure:
SER for NST (nonpublic in ADAMS) cc:
Richard A. Ratliff, P.E., L.M.P., Chief Radiation Safety Licensing Branch Manager Division for Regulatory Services TX Dept. of State Health Services P.O. Box 149347-Mail Code 2835 Austin, Texas 78714-9347
OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION Bruce OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION Internal distribution via e-mail with enclosure:
A. Vegel, D:DNMS V. Campbell, DD:DNMS T. Reis, D:DRS, Region II D. White, FSME J. Whitten, C:NMSB-B V. Dricks, PAO L. Uselding, PAO R. Torres, NMSB-B R. Erickson, RSAO ML12257A486 w/enclosure S:\\DNMS\\!NMSB-B\\RJT\\Exemption letter to NST.docx ML12258A014 letter only ADAMS No Yes SUNSI Review Complete Reviewer Initials: RJT Letter only Publicly Available Non-sensitive Non-publicly Available Sensitive RIV:NMSB-B C:NMSB-B OGC State of Texas D:DNMS RJTorres;dlf JEWhitten TCampbell RFleming AVegel
/RA/
/RA/
/RA/ Email ML12251A127
/RA/ on SER Email ML12254B160
/RA/ by VHCampbell 9/10/12 9/11/12 9/6/12 9/10/12 9/13/12 OFFICIAL RECORD COPY T=Telephone E=E-mail F=Fax