ML18262A269

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Response to NRC Letter Dated January 27, 2017
ML18262A269
Person / Time
Issue date: 09/18/2018
From:
Office of Nuclear Material Safety and Safeguards
To:
O'Hara J
Shared Package
ML18262A201 List:
References
Download: ML18262A269 (11)


Text

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 1

157.94(5)(a) 71.97(a) 2012-2 B

Advance notification of shipment of irradiated reactor fuel and nuclear waste In 157.94(5)(a)(1) the phrase within or across the boundary of the

State, should be added after to a carrier for transport.

The phrase of a State should be added after to the governor.

Wisconsin needs to correct the above phrases in order to meet the Compatibility Category B designation assigned to 10 CFR 71.97(a).

Accepted.

See 157.94(5)(a)(1).

2 157.94(5)(d) 71.97(c)(1) 2012-2 B

Advance notification of shipment of irradiated reactor fuel and nuclear waste In 157.94(5)(d) the phrase in writing to the office of the governor should be changed to in writing to the office of each appropriate governor.

Wisconsin needs to correct the above phrase in order to meet the Compatibility Category B designation assigned to 10 CFR 71.97(c)(1).

Accepted.

See 157.94(5)(d).

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 3

157.94(5)(d) 71.97(c)(3) 2012-2 B

Advance notification of shipment of irradiated reactor fuel and nuclear waste In 157.94(5)(d) the phrase delivered by messenger or facsimile should be changed to delivered by any other means than mail.

Wisconsin needs to correct the above phrase in order to meet the Compatibility Category B designation assigned to 10 CFR 71.97(c)(3).

Accepted.

See 157.94(5)(d).

4 157.94 (5)(c)(4) 71.97(d)(4) 2012-2 B

Advance notification of shipment of irradiated reactor fuel and nuclear waste In 157.94(5)(c)(4) the phrase or Tribal reservation boundaries should be added after State boundaries.

Wisconsin needs to correct the above phrase in order to meet the Compatibility Category B designation assigned to 10 CFR 71.97(d)(4).

Accepted.

See 157.94(5)(c)(4).

5 157.94(5)(e) 71.97(e) 2012-2 B

Advance notification of shipment of irradiated reactor fuel and nuclear waste Accepted.

See 157.94(5)(e).

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS Wisconsin allows the option to use a facsimile rather than telephone in 157.94(5)(e).

This option should be removed.

Wisconsin needs to remove the facsimile option in order to meet the Compatibility Category B designation assigned to 10 CFR 71.97(e).

6 157.94(5)(f) 71.97(f)(1) 2012-2 B

Advance notification of shipment of irradiated reactor fuel and nuclear waste In 157.94(5)(f) the phrase to the governor, governors designee, Indian tribal official or Indian tribal officials designee should be changed to to the governor of each State, or governors designee previously notified, each tribal official or tribal officials designee previously notified.

Wisconsin needs to correct the above phrase in order to meet the Compatibility Category B designation assigned to 10 CFR 71.97(f)(1).

Accepted with revision.

See 157.94(5)(f) to the governor of each State or governor's designee previously notified, Indian tribal official or Indian tribal official's designee previously notified

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 7

157.36(1)(a) 34.20(a)(1) 2012-3 B

Performance requirements for industrial radiography equipment Wisconsin did not include the contact information to purchase ANSI standards in 157.36(1)(a).

Wisconsin needs to add the ANSI contact information for purchase of documents in order to meet the Compatibility Category B designation assigned to 10 CFR 34.20(a)(1).

Accepted See DHS 157.36(1)(a) 8 157.09(2)(c)(

9)-(11) 30.15(a)(2) 2012-4 B

Certain items containing byproduct material In 157.09(2)(c)(11) the phrase equivalent regulations of Agreement States should be changed to equivalent regulations of the NRC and other Agreement States.

Wisconsin needs to correct the above phrase in order to meet the Compatibility Category B designation assigned to 10 CFR 30.15(a)(2).

Accepted with revision.

See 157.09(2)(c)(11) equivalent regulations of the NRC, or other agreement

states,

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 9

157.09(2)(d) 30.19(b) 2012-4 B

Self-luminous products containing tritium, krypton-85, or promethium-147 In 157.09(2)(d)(2), Wisconsin should add the phrase or initially transfer for sale or distribution to the first sentence.

Wisconsin needs to add the above phrase in order to meet the Compatibility Category B designation assigned to 10 CFR 30.19(b).

Accepted.

See DHS 157.09(2)(d)(2) 10 157.09(2)(e) 30.20 2012-4 B

Gas and aerosol detectors containing byproduct material Wisconsin regulation 157.09(2)(e) is missing a paragraph equivalent to 10 CFR 30.20(b).

Wisconsin needs to add the missing paragraph in order to meet the Compatibility Category B designation assigned to 10 CFR 30.20.

Accepted.

See DHS 157.09(2)(e)4

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 11 157.09(2)(g) 30.22 2012-4 B

Certain industrial devices Wisconsin regulation 157.09(2)(g)(1) contains an incorrect reference.

Wisconsin should change the reference 10 CFR 32.26 to 10 CFR 32.30.

Wisconsin regulation 157.09(2)(g) is missing a paragraph equivalent to 10 CFR 30.22(b).

Wisconsin needs to correct the above reference and add the missing paragraph in order to meet the Compatibility Category B designation assigned to 10 CFR 30.22.

Accepted.

See 157.09(2)(g)(1).

Accepted.

See 157.09(2)(g)(3).

12 157.13 (1)(h) 30.32(g) 2012-4 C

Application for specific licenses In 157.13(1)(h) the word all should be changed to either.

Wisconsin regulation 157.13(1)(h)(1) contains an incorrect reference.

Wisconsin should change the reference 10 CFR 32.10 to 10 CFR 32.210.

Wisconsin regulation Accepted with revision.

See 157.13(1)(h)

The word all was changed to one.

Accepted.

See 157.13(1)(h)(1).

Accepted.

See DHS 157.13(1)(h)4 and

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 157.13(1)(h) is missing paragraphs equivalent to 10 CFR 30.32(g)(3) and (g)(4).

Wisconsin needs to correct the above phrase, correct the incorrect reference, and add the missing paragraphs in order to meet the Compatibility Category C designation assigned to 10 CFR 30.32(g).

DHS 157.13(1)(h)5.

13 157.03 (404) 40.4 2013-2 B

Definitions: Unrefined and unprocessed ore In 157.03(404) the phrase grinding, roasting, refining or altering the ore from its natural state should be changed to grinding, roasting or beneficiating, or refining.

Wisconsin needs to correct this phrase in order to to meet the Compatibility Category B designation assigned to 10 CFR 40.4.

Accepted.

See DHS 157.03(404).

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 14 157.09(1)(a)(

10) 40.13(c)(7) 2013-2 B

Unimportant quantities of source material Wisconsin regulation 157.09(1)(a)(10) references optical lenses but does not include mirrors.

Wisconsin needs to include mirrors in this section in order to meet the Compatibility Category B

designation assigned to 10 CFR 40.13(c)(7).

Accepted.

See 157.09(1)(a)(10).

15 157.94(3) 71.91(a) 2015-3 C

Records In 157.94(3)(5) the word irradiate should be changed to irradiated.

In 157.94(3)(5)(b) the word Irradiation is misspelled.

In 157.94(3)(7) the phrase and special controls should be changed to any special controls.

Wisconsin needs to correct the above phrases in order to meet the Compatibility Category C designation assigned to 10 CFR 71.91(a).

Accepted.

See 157.94(3)(5),

157.94(3)(5)(b), and 157.94(3)(7).

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 16 157 Appendix O 71 Appendix A 2015-3 B

Determination of A1 and A2 Appendix O, (IV)(g) has an incorrect title on the diagram.

Wisconsin should change the title Exempt activity concentration for mixture to Exempt consignment activity limit for mixture.

Wisconsin needs to correct the above title in order to meet the Compatibility Category B

designation assigned to 10 CFR 71, Appendix A.

Accepted.

See Appendix O, (IV)(g).

17 157 Appendix O, Table VI 71 Appendix A, Table A-1 2015-3 B

A1 and A2 Values for Radionuclides Kr-79 was not added to Table VI and footnote indications were not added to the A1 columns for Ir-192.

Wisconsin needs to correct the above items in order to meet the Compatibility Category B designation assigned to 10 CFR 71, Appendix A.

Accepted.

Kr-79 was added to Table VI, but incorrectly titled K-79.

Footnote indication added to the A1 column for Ir-192.

See DHS 157 Appendix O, Table VI

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 18 157 Appendix O, Table VII 71 Appendix A, Table A-2 2015-3 B

Exempt Material Activity Concentrations and Exempt Consignment Activity Limits for Radionuclides The Table VII Note (a) list of parent nuclides and progeny is missing Ag-108m Ag-108 Wisconsin needs to correct the table in order to meet the Compatibility Category B designation assigned to 10 CFR 71, Appendix A.

Accepted.

See DHS 157 Appendix O, Table VII.

The following comments are editorial in nature and are not related to compatibility 1

157 Appendix O, Table VIII Appendix A, Table A-3 2015-3

[B]

General Values for A1 and A2 Wisconsin should correct the misspelled word emitting.

Accepted.

See DHS 157 Appendix O, Table VIII 2

157.92 (2)(b)(1) 71.14(a)(1) 2015-3

[B]

Exemption for low-level materials In 157.92(2)(b)(1) Wisconsin should change the word purpose to purposes.

Accepted.

See 157.92(2)(b)(1).

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 3

157.03 (166m) 71.4 Definition:

Indian tribe 2012-2 B

Definition: Indian tribe In 157.03 (166m) Wisconsin should correct the referenc 25 W.S.C. 479a to 25 U.S.C.

479a.

Accepted.

See 157.03 (166m).