ML19269D055
| ML19269D055 | |
| Person / Time | |
|---|---|
| Issue date: | 02/09/1979 |
| From: | Hendrie J NRC COMMISSION (OCM) |
| To: | Milliken W MICHIGAN, STATE OF |
| References | |
| NUDOCS 7902270080 | |
| Download: ML19269D055 (2) | |
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, NUCLEAR REGULATORY COMMISSION f
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j February 9, 1979
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O' CE OF THE e4 AI RM AN The Honorable William G'. Milliken Governor of Michigan Lansing, Michigan 48933
Dear Governor'Milliken:
Thank you for your letter of October 10, 1978 concerning our efforts to
. negotiate an agreement between Michigan and the U.S. Nuclear. Regulatory Commission.for the regulation of byproduct, source and special nuclear materials.
We fully respect your view that you do not wish to commit future Michigan governors and legislators to an agreement which may not be politically acceptable.
The Atomic Energy Act, however, specifically reserves to the Commission the power to terminate an agreement upon a finding that reassertion of federal control is necessary to protect the public health and safety. On the other-hand, the Commission recognizes, as a practical matter, that if both the Governor and the State Legislature were to decide that an agreeme'nt should be terminated, such a total lack of support by a State's chief elected officials would necessarily raise questions regarding the continued protection of the public health and safety under the State program. Therefore, the Commission believes that the statutory grounds for making a termination finding would be present in such circumstances and further believes.that the following language is' responsive to the, State's concerns:
ARTICLE VII 1.
The Commission, upon its own initiative after reasonable notice and opportunity for hearing.to the State, may terminate or suspend this agreement and reassert the licensing and regulatory authority vested in it under the Act, if tha Commission finds that st;h termination or sus-
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pension is required to protect the public health and safety.
6 7-9 0 2 2 7 0 ogo f
The Honorable William G. Milliken -
2.
The Governor, with the approval of the legislatura, after reasonable notice, may request a termination or suspension of this agreement. Upon receipt of this request the Commission will make the finding, as required by section 27oj of the'Act, and this agreement will be terminated or suspended and the
. Commission will reassert the licensing and regulttory authority vested in it under the Act.
The Agreement State program has been a most successful area for NRC-State cooperation and I.look forward to Michigan joining thi:: effort.
Sincerely,,
<,los h M. Hendrie Chairman O
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