ML19191A197

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Notice of Agreement Between the Nuclear Regulatory Commission and the State of Vermont
ML19191A197
Person / Time
Issue date: 09/30/2019
From: Paul Michalak
NRC/NMSS/DMSST
To: Brooks C, Holsey S, Rich E, Sheehan R, Stevens D
Abenaki Nation of Missisquoi, Delaware Tribe of Indians, Elnu Abenaki Tribe of Vermont, Koasek of the Koas of the Abenaki Nation, Nulhegan Abenaki Tribe
M COLON MSST
References
Download: ML19191A197 (13)


Text

September 30, 2019 Roger Longtoe Sheehan Sagamo (Chief) and Tribal Headquarters Elnu Abenaki Tribe 5243 VT Route 30 Jamaica, VT 05343

SUBJECT:

NOTICE OF AGREEMENT BETWEEN THE NUCLEAR REGULATORY COMMISSION AND THE STATE OF VERMONT

Dear Mr. Longtoe Sheehan:

This letter is to inform you that, pursuant to Section 274b. of the Atomic Energy Act (AEA) of 1954, as amended, the Commission on September 6, 2019, approved an Agreement with the State of Vermont. The Agreement is effective on September 30, 2019, and was published in the Federal Register on September 30, 2019. A copy of the Federal Register notice is enclosed with this letter.

Governor Philip Scott, on behalf of the State of Vermont, submitted a request that the U.S.

Nuclear Regulatory Commission (NRC) enter into an Agreement with the State under Section 274 of the AEA. The proposed Agreement, along with a summary of the NRCs assessment of the proposed Vermont program, was published for public comment in the Federal Register beginning on June 25, 2019, for 4 consecutive weeks, as required by Section 274e. of the AEA.

We also sent you a letter dated June 25, 2019, which enclosed the first Federal Register notice, 84 FR 29811; June 25, 2019, inviting public comment. All documents related to the Vermont Agreement can be accessed through the following page on the NRC website:

https://www.nrc.gov/about-nrc/state-tribal/agreement-states/vermont.html.

In SECY-19-0085 Section 274b. Agreement with the State of Vermont dated August 29, 2019, the NRC staff responded to the public comments received on the proposed Agreement and draft staff assessment. The NRC staff assessment concluded that the Vermont program for the regulation of Agreement materials is adequate to protect public health and safety and is compatible with NRCs program. The final assessment for the Vermont program can be found in the second attachment to SECY-19-0085.

Under the Agreement, the State has assumed regulatory authority over the responsibility of byproduct material as defined in Sections 11e.(1), 11e.(3), and 11e.(4) of the AEA, source material, and special nuclear material in quantities not sufficient to form a critical mass in the State. As such, the State of Vermont is now the regulatory authority over the academic, medical, industrial and commercial licenses authorized to use byproduct, source and special nuclear materials at 36 academic, commercial and medical facilities across the State.

R. Sheehan 2 Licensing actions taken by the State of Vermont are now subject to the States environmental and historic preservation laws, not federal laws such as the National Environmental Policy Act or the National Historical Preservation Act. The NRC continues to regulate the use of radioactive material at federal facilities within the State and the Vermont Yankee Nuclear Power Plant.

The NRC staff will conduct periodic reviews of the Vermont program using the Integrated Materials Performance Evaluation Program to ensure that the terms of the Agreement continue to be met.

If you have any questions, you may contact Duncan White at (301) 415-2598 or Duncan.White@nrc.gov.

Sincerely,

/RA/

Paul Michalak, Chief State Agreements and Liaison Programs Branch Office of Nuclear Material Safety and Safeguards cc: W. Irwin, VT Department of Health

ML19191A197 *via email OFFICE NMSS/MSST NMSS/MSST NMSS/MSST NMSS/MSST NAME MArribas-Colon DWhite HGonzalez PMichalak DATE 7/16/19 7/16/19 9/3/19 9/30/19 September 30, 2019 Don Stevens, Chief Nulhegan Abenaki Tribe 156 Bacon Drive Shelburne, VT 05482

SUBJECT:

NOTICE OF AGREEMENT BETWEEN THE NUCLEAR REGULATORY COMMISSION AND THE STATE OF VERMONT

Dear Mr. Stevens:

This letter is to inform you that, pursuant to Section 274b. of the Atomic Energy Act (AEA) of 1954, as amended, the Commission on September 6, 2019, approved an Agreement with the State of Vermont. The Agreement is effective on September 30, 2019, and was published in the Federal Register on September 30, 2019. A copy of the Federal Register notice is enclosed with this letter.

Governor Philip Scott, on behalf of the State of Vermont, submitted a request that the U.S.

Nuclear Regulatory Commission (NRC) enter into an Agreement with the State under Section 274 of the AEA. The proposed Agreement, along with a summary of the NRCs assessment of the proposed Vermont program, was published for public comment in the Federal Register beginning on June 25, 2019, for 4 consecutive weeks, as required by Section 274e. of the AEA.

We also sent you a letter dated June 25, 2019, which enclosed the first Federal Register notice, 84 FR 29811; June 25, 2019, inviting public comment. All documents related to the Vermont Agreement can be accessed through the following page on the NRC website:

https://www.nrc.gov/about-nrc/state-tribal/agreement-states/vermont.html.

In SECY-19-0085 Section 274b. Agreement with the State of Vermont dated August 29, 2019, the NRC staff responded to the public comments received on the proposed Agreement and draft staff assessment. The NRC staff assessment concluded that the Vermont program for the regulation of Agreement materials is adequate to protect public health and safety and is compatible with NRCs program. The final assessment for the Vermont program can be found in the second attachment to SECY-19-0085.

Under the Agreement, the State has assumed regulatory authority over the responsibility of byproduct material as defined in Sections 11e.(1), 11e.(3), and 11e.(4) of the AEA, source material, and special nuclear material in quantities not sufficient to form a critical mass in the State. As such, the State of Vermont is now the regulatory authority over the academic, medical, industrial and commercial licenses authorized to use byproduct, source and special nuclear materials at 36 academic, commercial and medical facilities across the State.

Licensing actions taken by the State of Vermont are now subject to the States environmental and historic preservation laws, not federal laws such as the National Environmental Policy Act or the National Historical Preservation Act. The NRC continues to regulate the use of radioactive material at federal facilities within the State and the Vermont Yankee Nuclear Power Plant.

D.Stevens 2 The NRC staff will conduct periodic reviews of the Vermont program using the Integrated Materials Performance Evaluation Program to ensure that the terms of the Agreement continue to be met.

If you have any questions, you may contact Duncan White at (301) 415-2598 or Duncan.White@nrc.gov.

Sincerely,

/RA/

Paul Michalak, Chief State Agreements and Liaison Programs Branch Office of Nuclear Material Safety and Safeguards cc: W. Irwin, VT Department of Health

September 30, 2019 The Council of Chiefs of the Koasek of the Koas Koasek of the Koas of the Abenaki Nation 188 Allen Bent Road West Braintree Roxbury, VT 05669

SUBJECT:

NOTICE OF AGREEMENT BETWEEN THE NUCLEAR REGULATORY COMMISSION AND THE STATE OF VERMONT This letter is to inform you that, pursuant to Section 274b. of the Atomic Energy Act (AEA) of 1954, as amended, the Commission on September 6, 2019, approved an Agreement with the State of Vermont. The Agreement is effective on September 30, 2019, and was published in the Federal Register on September 30, 2019. A copy of the Federal Register notice is enclosed with this letter.

Governor Philip Scott, on behalf of the State of Vermont, submitted a request that the U.S.

Nuclear Regulatory Commission (NRC) enter into an Agreement with the State under Section 274 of the AEA. The proposed Agreement, along with a summary of the NRCs assessment of the proposed Vermont program, was published for public comment in the Federal Register beginning on June 25, 2019, for 4 consecutive weeks, as required by Section 274e. of the AEA.

We also sent you a letter dated June 25, 2019, which enclosed the first Federal Register notice, 84 FR 29811; June 25, 2019, inviting public comment. All documents related to the Vermont Agreement can be accessed through the following page on the NRC website:

https://www.nrc.gov/about-nrc/state-tribal/agreement-states/vermont.html.

In SECY-19-0085 Section 274b. Agreement with the State of Vermont dated August 29, 2019, the NRC staff responded to the public comments received on the proposed Agreement and draft staff assessment. The NRC staff assessment concluded that the Vermont program for the regulation of Agreement materials is adequate to protect public health and safety and is compatible with NRCs program. The final assessment for the Vermont program can be found in the second attachment to SECY-19-0085.

Under the Agreement, the State has assumed regulatory authority over the responsibility of byproduct material as defined in Sections 11e.(1), 11e.(3), and 11e.(4) of the AEA, source material, and special nuclear material in quantities not sufficient to form a critical mass in the State. As such, the State of Vermont is now the regulatory authority over the academic, medical, industrial and commercial licenses authorized to use byproduct, source and special nuclear materials at 36 academic, commercial and medical facilities across the State.

Licensing actions taken by the State of Vermont are now subject to the States environmental and historic preservation laws, not federal laws such as the National Environmental Policy Act or the National Historical Preservation Act. The NRC continues to regulate the use of radioactive material at federal facilities within the State and the Vermont Yankee Nuclear Power Plant.

Council of Chiefs 2 The NRC staff will conduct periodic reviews of the Vermont program using the Integrated Materials Performance Evaluation Program to ensure that the terms of the Agreement continue to be met.

If you have any questions, you may contact Duncan White at (301) 415-2598 or Duncan.White@nrc.gov.

Sincerely,

/RA/

Paul Michalak, Chief State Agreements and Liaison Programs Branch Office of Nuclear Material Safety and Safeguards cc: W. Irwin, VT Department of Health

September 30, 2019 Eugene Rich, Chief Abenaki Nation of Missisquoi 100 Grand Avenue Swanton, VT 05488

SUBJECT:

NOTICE OF AGREEMENT BETWEEN THE NUCLEAR REGULATORY COMMISSION AND THE STATE OF VERMONT

Dear Mr. Rich:

This letter is to inform you that, pursuant to Section 274b. of the Atomic Energy Act (AEA) of 1954, as amended, the Commission on September 6, 2019, approved an Agreement with the State of Vermont. The Agreement is effective on September 30, 2019, and was published in the Federal Register on September 30, 2019. A copy of the Federal Register notice is enclosed with this letter.

Governor Philip Scott, on behalf of the State of Vermont, submitted a request that the U.S.

Nuclear Regulatory Commission (NRC) enter into an Agreement with the State under Section 274 of the AEA. The proposed Agreement, along with a summary of the NRCs assessment of the proposed Vermont program, was published for public comment in the Federal Register beginning on June 25, 2019, for 4 consecutive weeks, as required by Section 274e. of the AEA.

We also sent you a letter dated June 25, 2019, which enclosed the first Federal Register notice, 84 FR 29811; June 25, 2019, inviting public comment. All documents related to the Vermont Agreement can be accessed through the following page on the NRC website:

https://www.nrc.gov/about-nrc/state-tribal/agreement-states/vermont.html.

In SECY-19-0085 Section 274b. Agreement with the State of Vermont dated August 29, 2019, the NRC staff responded to the public comments received on the proposed Agreement and draft staff assessment. The NRC staff assessment concluded that the Vermont program for the regulation of Agreement materials is adequate to protect public health and safety and is compatible with NRCs program. The final assessment for the Vermont program can be found in the second attachment to SECY-19-0085.

Under the Agreement, the State has assumed regulatory authority over the responsibility of byproduct material as defined in Sections 11e.(1), 11e.(3), and 11e.(4) of the AEA, source material, and special nuclear material in quantities not sufficient to form a critical mass in the State. As such, the State of Vermont is now the regulatory authority over the academic, medical, industrial and commercial licenses authorized to use byproduct, source and special nuclear materials at 36 academic, commercial and medical facilities across the State.

Licensing actions taken by the State of Vermont are now subject to the States environmental and historic preservation laws, not federal laws such as the National Environmental Policy Act or the National Historical Preservation Act. The NRC continues to regulate the use of radioactive material at federal facilities within the State and the Vermont Yankee Nuclear Power Plant.

E.Rich 2 The NRC staff will conduct periodic reviews of the Vermont program using the Integrated Materials Performance Evaluation Program to ensure that the terms of the Agreement continue to be met.

If you have any questions, you may contact Duncan White at (301) 415-2598 or Duncan.White@nrc.gov.

Sincerely,

/RA/

Paul Michalak, Chief State Agreements and Liaison Programs Branch Office of Nuclear Material Safety and Safeguards cc: W. Irwin, VT Department of Health

September 30, 2019 Chester Chet Brooks, Chief Delaware Tribe of Indians 5100 Tuxedo Blvd Bartlesville, OK 74006

SUBJECT:

NOTICE OF AGREEMENT BETWEEN THE NUCLEAR REGULATORY COMMISSION AND THE STATE OF VERMONT

Dear Mr. Obermeyer:

This letter is to inform you that, pursuant to Section 274b. of the Atomic Energy Act (AEA) of 1954, as amended, the Commission on September 6, 2019, approved an Agreement with the State of Vermont. The Agreement is effective on September 30, 2019, and was published in the Federal Register on September 30, 2019. A copy of the Federal Register notice is enclosed with this letter.

Governor Philip Scott, on behalf of the State of Vermont, submitted a request that the U.S.

Nuclear Regulatory Commission (NRC) enter into an Agreement with the State under Section 274 of the AEA. The proposed Agreement, along with a summary of the NRCs assessment of the proposed Vermont program, was published for public comment in the Federal Register beginning on June 25, 2019, for 4 consecutive weeks, as required by Section 274e. of the AEA.

We also sent you a letter dated June 25, 2019, which enclosed the first Federal Register notice, 84 FR 29811; June 25, 2019, inviting public comment. All documents related to the Vermont Agreement can be accessed through the following page on the NRC website:

https://www.nrc.gov/about-nrc/state-tribal/agreement-states/vermont.html.

In SECY-19-0085 Section 274b. Agreement with the State of Vermont dated August 29, 2019, the NRC staff responded to the public comments received on the proposed Agreement and draft staff assessment. The NRC staff assessment concluded that the Vermont program for the regulation of Agreement materials is adequate to protect public health and safety and is compatible with NRCs program. The final assessment for the Vermont program can be found in the second attachment to SECY-19-0085.

Under the Agreement, the State has assumed regulatory authority over the responsibility of byproduct material as defined in Sections 11e.(1), 11e.(3), and 11e.(4) of the AEA, source material, and special nuclear material in quantities not sufficient to form a critical mass in the State. As such, the State of Vermont is now the regulatory authority over the academic, medical, industrial and commercial licenses authorized to use byproduct, source and special nuclear materials at 36 academic, commercial and medical facilities across the State.

Licensing actions taken by the State of Vermont are now subject to the States environmental and historic preservation laws, not federal laws such as the National Environmental Policy Act or the National Historical Preservation Act. The NRC continues to regulate the use of

C. Brooks 2 radioactive material at federal facilities within the State and the Vermont Yankee Nuclear Power Plant.

The NRC staff will conduct periodic reviews of the Vermont program using the Integrated Materials Performance Evaluation Program to ensure that the terms of the Agreement continue to be met.

If you have any questions, you may contact Duncan White at (301) 415-2598 or Duncan.White@nrc.gov.

Sincerely,

/RA/

Paul Michalak, Chief State Agreements and Liaison Programs Branch Office of Nuclear Material Safety and Safeguards cc: W. Irwin, VT Department of Health B. Obermeyer, Delaware Tribe Historic Preservation Office

September 30, 2019 Shannon Holsey, President Stockbridge-Munsee Community, Wisconsin N8476 NohHeConNuck Road Bowler, WI 54416

SUBJECT:

NOTICE OF AGREEMENT BETWEEN THE NUCLEAR REGULATORY COMMISSION AND THE STATE OF VERMONT

Dear Mr. Hartley:

This letter is to inform you that, pursuant to Section 274b. of the Atomic Energy Act (AEA) of 1954, as amended, the Commission on September 6, 2019, approved an Agreement with the State of Vermont. The Agreement is effective on September 30, 2019, and was published in the Federal Register on September 30, 2019. A copy of the Federal Register notice is enclosed with this letter.

Governor Philip Scott, on behalf of the State of Vermont, submitted a request that the U.S.

Nuclear Regulatory Commission (NRC) enter into an Agreement with the State under Section 274 of the AEA. The proposed Agreement, along with a summary of the NRCs assessment of the proposed Vermont program, was published for public comment in the Federal Register beginning on June 25, 2019, for 4 consecutive weeks, as required by Section 274e. of the AEA.

We also sent you a letter dated June 25, 2019, which enclosed the first Federal Register notice, 84 FR 29811; June 25, 2019, inviting public comment. All documents related to the Vermont Agreement can be accessed through the following page on the NRC website:

https://www.nrc.gov/about-nrc/state-tribal/agreement-states/vermont.html.

In SECY-19-0085 Section 274b. Agreement with the State of Vermont dated August 29, 2019, the NRC staff responded to the public comments received on the proposed Agreement and draft staff assessment. The NRC staff assessment concluded that the Vermont program for the regulation of Agreement materials is adequate to protect public health and safety and is compatible with NRCs program. The final assessment for the Vermont program can be found in the second attachment to SECY-19-0085.

Under the Agreement, the State has assumed regulatory authority over the responsibility of byproduct material as defined in Sections 11e.(1), 11e.(3), and 11e.(4) of the AEA, source material, and special nuclear material in quantities not sufficient to form a critical mass in the State. As such, the State of Vermont is now the regulatory authority over the academic, medical, industrial and commercial licenses authorized to use byproduct, source and special nuclear materials at 36 academic, commercial and medical facilities across the State.

Licensing actions taken by the State of Vermont are now subject to the States environmental and historic preservation laws, not federal laws such as the National Environmental Policy Act or the National Historical Preservation Act. The NRC continues to regulate the use of radioactive material at federal facilities within the State and the Vermont Yankee Nuclear Power Plant.

S. Holsey 2 The NRC staff will conduct periodic reviews of the Vermont program using the Integrated Materials Performance Evaluation Program to ensure that the terms of the Agreement continue to be met.

If you have any questions, you may contact Duncan White at (301) 415-2598 or Duncan.White@nrc.gov.

Sincerely,

/RA/

Paul Michalak, Chief State Agreements and Liaison Programs Branch Office of Nuclear Material Safety and Safeguards cc: W. Irwin, VT Department of Health B. Hartley, Stockbridge Munsee Community, Wisconsin