ML19123A084
| ML19123A084 | |
| Person / Time | |
|---|---|
| Issue date: | 05/23/2019 |
| From: | Duane White NRC/NMSS/DMSST |
| To: | |
| D WHITE MSST | |
| Shared Package | |
| ML19123A083 | List: |
| References | |
| STC-19-030 | |
| Download: ML19123A084 (5) | |
Text
Agreement State Comments on SA-10 A B C D E F G Comment New Agree 1 No. Agency Reference Section Comment (Y or N) Response For accountability and individual agency needs, the procedure should also include "management decisions" in addition to legal or Procedure revised to state: "legal, 2 1 Florida 2/7/19 Webinar II.B.2. jurisdictional obligations. Y jurisdictional or managerial obligations."
Agreement States should not have to use the NRC's petition Procedure revised, see comments 10 3 2 New Jersey 2/7/19 Webinar II.C.1. process to propose rulemaking. Y and 15.
There is little discussion in the procedure about NRC and the entire Agreement States maintaining a partnership. Add a paragraph in 4 3 Arkansas 2/7/19 Webinar procedure the beginning of the procedure to emphasize this point. Y Procedure revised, see comment 5.
Procedure revised to assign the responsibilities of the NRC's NMP The MSST Division Director should not be the NRC's NMP Champion to a member of the MSST Champion due to the turnover in the position. The NRC's Champion staff that has expert knowledge of the should be an individual who is empowered to carry out the NMP and is a subject matter expert on 5 4 Virginia 2/20/19 Webinar III.B. necessary responsibilities of the NMP Champion. Y Agreement State issues.
Success of the NMP depends greatly on a healthy partnership with the NRC and the Agreement States. A viable, visible partnership will only strengthen the trust needed for a consistent NMP. Revise the procedure to include a discussion on partnership particularly in Letter dated the roles and responsibilities section of the procedure. The annual Additional references were added to the 3/11/19; entire assessment of the NMP should evaluate the strength of the procedure to enhance the NRC-6 5 Arkansas ML19078A180 procedure partnership. Y Agreement State partnership.
Fully supports the use of NMP Co-Champions to enhance and Letter dated monitor the NMP. This will allow the NRC, OAS and the Agreement 3/11/19; III.B; States to advocate for important issues in an open forum and built Thank you for the comment. No change 7 6 Arkansas ML19078A180 III.F. the partnership. Y to the procedure required.
Organization of Letter dated In keeping with the idea of equal partners, change the title of the Agreement 3/11/19; procedure to include the Agreement States in Oversight of the Procedure Revised; also see comment 8 7 States (OAS) ML19078A181 title National Material Program (NMP). Y 13.
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Agreement State Comments on SA-10 A B C D E F G The layout of the sections is confusing. The Definition, Mission, Goal and Vision of the NMP are discussed before the background on the Office of the Inspector General (OIG) audit of oversight of the NMP. It is not clear if the definition, mission, goal and vision are new or if they are the result of the work of the National Material Program Working Group (NMPWG) from 1999-2005. If they were developed by the NMPWG and the OIG audit found that they were not Letter dated understood consistently, then perhaps they should be revised.
3/11/19; Entire Either way, they should be discussed after the background section Procedure revised to make the flow of 9 8 OAS ML19078A181 document on the OIG audit so it is clear that these are new. Y the sections more logical.
The way in which the document is written, the Board has the impression that the NRC expects Agreement States to contribute the same amount of resources to the NMP as the NRC on regulatory priorities. It is unclear what regulatory priorities entail.
From the Agreement State perspective, the amount of resources available for regulatory guidance development, procedure development, licensing guidance, etc. is limited as almost all staff are tasked with licensing and inspections in State programs. This theme is also described in Section III.B.3. which states that one of the challenges of the NMP is the ability of Agreement States to share a greater proportional responsibility for development and Section II.B. on "Challenges to the maintenance of regulatory products (e.g. guidance documents, National Materials Program" removed emerging regulatory issues). Sections V.C.7. and D.3. also imply from procedure since challenges could this expectation of more contributions. We agree that Agreement change over time. Sections V.C.7 and States need to contribute to the NMP and our goal is to forge a V.D.3 were deleted. The items listed in better relationship where more states contribute. We will work on Sections V.C. and V.D. were examples communicating the benefits of contributing to the NMP with our of activities and quality measures that membership and encourage greater participation, but because of could be included. Specific NMP Letter dated constraints, we may not always be able to accommodate a greater activities and quality measures will be 3/11/19; contribution in certain areas. We would appreciate changing the determined jointly by the NRC and the 10 9 OAS ML19078A181 NA language to reflect this reality. Y Agreement States.
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Agreement State Comments on SA-10 A B C D E F G The Board proposes to amend this section to state Regulatory priorities should be established and periodically reviewed through a collaborative process involving both the NRC and Agreement States in which general agreement is reached. This includes the introduction of suggestions for new or amended rules. The Board believes that since OAS is in the materials business line that the Letter dated OAS should be able to suggest regulatory changes through the 3/11/19; Common Prioritization of Rulemaking to the NRC without the Suggested edit accepted. Procedure 11 10 OAS ML19078A181 II.C.1. requirement of submitting a petition for rulemaking. Y revised, see comment 15.
Procedure revised to clarify: "Ensures Letter dated The NRC program referred to here should be explained. Is it the the implementation of the NMP jointly 3/11/19; Division of Materials Safety, Security, State and Tribal Programs with the Agreement States to enhance 12 11 OAS ML19078A181 III.A.1. (MSST) or something else? Y the NRC-Agreement State partnership."
In their report, the OIG cited the high turnover rate of among NRC senior managers associated with Agreement State program (especially the MSST Division Director) as the main reason that an Procedure revised to assign the NRC NMP Champion is needed. The Board suggests that the NRC responsibilities of the NRC's NMP re-evaluate the decision to appoint the Division Director of MSST as Champion to a member of the MSST Letter dated the NRC Champion and consider other alternatives. The Board staff that has expert knowledge of the 3/11/19; believes that an alternate Champion would require direct access to NMP and is a subject matter expert on 13 12 OAS ML19078A181 III.B. the MSST Division Director to be effective. Y Agreement State issues.
Enclosure to Letter dated 3/11/19; New Title of SA-10 is "Joint Oversight of 14 13 OAS ML19087A179 title Add the word "Joint" to the beginning of title. Y the National Materials Program".
Enclosure to Letter dated 3/11/19; Suggested edit not accepted. Sentence 15 14 OAS ML19087A179 NA Revise "promogation" to "promulgation" in first paragraph. N delete from procedure.
Revised section to read: "Regulatory priorities should be established and periodically reviewed through a collaborative process involving both the NRC and Agreement States in which general agreement is Enclosure to Letter reached. This includes the introduction of suggestions for new or dated 3/11/19; amended rules to the Common Prioritization of Rulemaking Suggested edit accepted. Procedure 16 15 OAS ML19087A179 II.C.1. committee." Y revised. Also see comments 10 and 15.
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Agreement State Comments on SA-10 A B C D E F G Section on "Challenges to the National Enclosure to Letter Materials Program" removed from dated 3/11/19; procedure since challenges could 17 16 OAS ML19087A179 NA Add "and Agreement States" to first sentence. N change over time.
Section on "Challenges to the National Enclosure to Letter Materials Program" removed from dated 3/11/19; procedure since challenges could 18 17 OAS ML19087A179 NA Add "Agreement" in front "States". N change over time.
Enclosure to Letter dated 3/11/19; Suggested edit accepted. Procedure 19 18 OAS ML19087A179 III.A.1. Add "jointly" in front of "oversee". Y revised.
Enclosure to Letter dated 3/11/19; Revise section to read: "Together with the Agreement States, sets Suggested edit accepted. Procedure 20 19 OAS ML19087A179 III.A.3. expectations and overall strategy for the oversight of the NMP." Y revised.
Revise section to read: "Together with the Agreement State Champion, ensures the monitoring of NMP activities, evaluation and Enclosure to Letter development of NMP policy, and development of criteria and dated 3/11/19; methodology to assess the uniformity and adequacy of the NMP Suggested edit accepted. Procedure 21 20 OAS ML19087A179 III.B.3. implementation." Y revised.
Enclosure to Letter dated 3/11/19; Suggested edit accepted. Procedure 22 21 OAS ML19087A179 III.B.9. Add "jointly developed" in front of "periodic". Y revised.
Enclosure to Letter dated 3/11/19; Suggested edit accepted. Procedure 23 22 OAS ML19087A179 III.B.10. Add "Agreement State Champion, and" in front of "OAS" Y revised.
Suggested edit not accepted. The NRC NMP Champion's initial input on NMP issues comes from the NRC. As stated in Section II.B.2., the NRC NMP Enclosure to Letter III.C.1.; Champion will coordinate all NMP issues dated 3/11/19; III.C.2.; with the Agreement State NMP 24 23 OAS ML19087A179 III.D.2 Add "and Agreement States NMP Champions" after "NRC". N Champion.
Enclosure to Letter dated 3/11/19; Suggested edit not accepted. Section 25 24 OAS ML19087A179 III.F. Add "The Agreement State Champion:" after second sentence. N restructured.
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Agreement State Comments on SA-10 A B C D E F G Enclosure to Letter Revise section to read: "Ensures that jointly developed periodic dated 3/11/19; reports are provided to NRC and Agreement States on NMP Suggested edit accepted. Procedure 26 25 OAS ML19087A179 III.F.9. activities, issues and performance." Y revised.
Enclosure to Letter dated 3/11/19; Suggested edit accepted. Procedure 27 26 OAS ML19087A179 IV.A.4. Change "with" to "will" after "Board". Y revised.
Revise section to read: Any issue regarding the implementation of an NMP activity from the OAS Board, an Agreement State, NRC staff or other affected stakeholder should be brought to the attention Enclosure to Letter of the Agreement State and NRC NMP Champions. The NRC and dated 3/11/19; Agreement State NMP Champion will ensure that the following Suggested edit accepted. Procedure 28 27 OAS ML19087A179 IV.B. actions are taken:" Y revised.
Enclosure to Letter dated 3/11/19; Suggested edit accepted. Procedure 29 28 OAS ML19087A179 NA Delete sentence. No longer needed due to change in Section V.B. Y revised.
Enclosure to Letter dated 3/11/19; Add "With the Agreement State Champion," to the beginning of the Suggested edit accepted. Procedure 30 29 OAS ML19087A179 IV.B.3. sentence. Y revised.
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