ML19351D455
| ML19351D455 | |
| Person / Time | |
|---|---|
| Issue date: | 09/18/1980 |
| From: | Dircks W NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | Hunt J NORTH CAROLINA, STATE OF |
| References | |
| NUDOCS 8010100172 | |
| Download: ML19351D455 (3) | |
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UNITED STATES
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NUCLEAR REGULATORY COMMISSION p
WASHINGTON, D. C. 20555 st
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,SEP 181980 The Honorable George D. Busbee State Capitol Atlanta, Georgia 30334
Dear Governor Busbee:
The State of Georgia has been a partner with the U.S. Nuclear Regulatory Commission (NRC) and the U.S. Department of Transportation (DOT) since 1977 in the surveillance of the transportation of radioactive materials.
This letter is to invite your personal consideration of a significant next step.
Since 1973, the NRC and DOT have been sponsoring a joint contractual program whereby States undertake the surveillance of radioactive ma-terial (RAM) transportation within their jurisdiction.
The program provides data on various aspects of RAM transport. This data aids in assessing impacts to public and worker safety, determines degrees of compliance with relevant regulations, locates patterns of RAM transport, and identifies areas of deficiency. Currently there are nine States under contract, and the enclosed report provides a detailed review and prospectus of the entire program and the individual States' efforts.
As the enclosed report indicates, the DOT and the NRC have recently agreed to shift the emphasis from surveillance to enforcement.
This change is the next natural step toward greater effectiveness.
In the restructured program, States will continue to collect data and survey the transportation of radioactive materials, but will also focus upon enforcement action against violators of RAM transportation regulations.
Enforcement actions will be taken by the State under State regulstions, which will include, by adoption, relevant portions of the Federal haz-ardous material regulations from Title 49 of the Code of Federal Regulations relative to motor carrier and RAM transportation safety.
As a participant in th? tranportation surveillance program for the past three years, the State of Georgia has demonstrated interest and capability in dealing with the transportation of radioactive materials. Through such further cooperative efforts and an emphasis on enforcement, we hope to further improve safety in this area. An enforcement-oriented program will also promote and encourage uniform State and Federal regulations concerning RAM transport, will increase the regulatory effectiveness of State and Federal agencies, and will devek and utilize State reguir cry resources.
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The Honorable George D. Busbee The first step in getting the enforcement-oriented program underway will be a pilot program with several States.
This will involve contractual l
agreements between the NRC, DOT, and these States whereby the States will develop and use adequate surveillance and enforcement mechanisms
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concerning the transport of RAM. We estimate that Federal funding per contract will be in the $50,000, or higher, range, depending on the 3
scope of work involved.
We would appreciate your letting us know whether the State of Georgia would be interested in participating in such a reoriented pilot program, and what personnel resources and statutory authority the State possesses to meet the surveillance and enforcement goals of the program. Specifically, 4
we wish to know which State agencies would be assigned the various responsibilities, what jurisdictional or legal authority they would have, and what type of enforcement action would be possible, e.g.,
revocation of licenses and/or permits, levying of fines, etc.
If cur-rently Georgia does not have the necessary technical capability or statutory authority, we would like to know when and how the State might propose to obtain such authority. These points should be covered in a brief letter to the NRC.
In conclusion, we look forward to an early response, whether you are interested in having the State of Georgia considered for participation in the pilot program.
If so, please let us know with whom we should explore this matter further. Questions regarding this program may be directed to Frank Young or Marie Janinek at the Office of State Programs, NRC (FTS-492-7794 or 301/492-7794).
Sincerely, William J. Dircks Acting Executive Director for Operations
Enclosure:
July 1980 NRC/ DOT Review and Prospectus cc:
J. Leonard Ledbetter, State Liaison Officer
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The Honorable George D. Busbee.
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L. D. Santman, MTB/D0T D. Gibbons, LASL J. Schuler, MTB/D0T Distribution:
ADobrzeniecki FWYoung GWKerr j
AGrella, IE-VHodge, NMSS DHopkins, SD MFlynn, DC RAvery, OELD WDircks, ED0 1
MJaninek Central Files f
PD, RF SP, RF PDR - Transportation Surveillance PDR - Georgia RTrojanowski. RSLO, Region II EDD llf-i i
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i FOR CONCURRENCES SEE SIMILAR LETTER TO GOVERNOR THOMPSON, ILLIN0IS orriCc)....
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NIC FCCM 318 (9 76) NRCM 0240 S. GOVERNMcNT PRINTING OFFICc: 1979-289 369
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