ML13267A394

Ohio Department of Public Safety/Request Permission to Observe a Radiological Environmental Monitoring Program (REMP) Inspection at the Perry Nuclear Power Plant/Letter

ML13267A394
Person / Time
Site:	Perry
Issue date:	09/18/2013
From:	Bear M State of OH, Dept of Public Safety
To:	Harral Logaras NRC/RGN-III
References
Download: ML13267A394 (3)

Text

~ OHIO DEPARTMENT John R. Kas;ch, Govemo<

,.., John Bom, Director

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• 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 September 18, 2013 Mr. Harral Logaras State and Government Affairs for Region III Nuclear Regulatory Commission 2443 Warrensville Road Lisle, Illinois 60605-4351

Dear Mr. Logaras:

An earlier letter to you colleague Mr. Allan Barker arranged for Mr. Robert Leidy of the Ohio Department of Health, Bureau of Radiation Protection (ODH-BRP) to observe the Radiological Environmental Monitoring Program (REMP) Inspection at the Perry Nuclear Power Plant scheduled for the week of May 20th, 2013. Due to scheduling conflicts this inspection was postponed to the week of September 23, 2013 and it was determined the request letter and signed protocol agreement for the original date were sufficient for Mr. Leidy to participate in the re-scheduled inspection. This letter is to request permission for a Ms. Pamela Hintz ofODH-BRP to join Mr. Leidy during the REMP inspection on September 25, 2013 for the purposes of training and orientation to the Perry Nuclear Power Plant. Ms. Hintz will be escorted by Mr. Leidy, who holds unescorted access at the plant, and she will be bound by the same protocols other state observers follow during inspection observations. Ms. Hintz's signed protocol agreement is enclosed for your review. If you have any questions or concerns please do not hesitate to contact me at (614) 799-3687.

Michael L. Bear State Liaison Officer MLB 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."

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2013

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 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 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.

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

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

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

• 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.

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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 harmful 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 inspector 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 released 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 available, similar to NRC inspection reports, after 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 State 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 must communicate his/her 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 host State and an adjacent State request observation of the same inspection, the Regional Administrator will make the final determination on the number of State observers who may attend the inspection. If there is a need to limit the numbers of observers, the Regional Administrator will routinely give preference to the host State observers.

• Adjacent State observers will abide by the same protocol in all aspects of the inspection as host States under

• agreement.

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