ML19354E127

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Confirms That Governors Certificate for Commonwealth of Pr Not Received,Per 1990 Milestone Requirements of Low Level Radwaste Policy Amends Act of 1985.Confirmation of Position of Commonwealth of Pr Re Certification Submittal Requested
ML19354E127
Person / Time
Issue date: 01/17/1990
From: Bernero R
NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
To: Hernandezcolon
PUERTO RICO, COMMONWEALTH OF
References
REF-WM-3 NUDOCS 9001250457
Download: ML19354E127 (2)


Text

SS/ HON.HERNANDEZ-COLON 1-The Honorable Raphael Hernandez-Colon N~M Governor of Puerto Rico-O State Capitol La *Fortaleza San Juan, Puerto Rico 00901

Dear Governor Hernandez-Colon:

I am writing to confirm that the United States Nuclear Regulatory Commission (NRC) has not received a Governor's Certification for the Commonwealth of Puerto Rico pursuant to the 1990 milestone requirements of the Low-Level Radioactive Waste Policy Amendments Act of 1985-(Act).

According to the Act there are two methods of meeting this milestone:

1.

Submit a complete license application for a new low. level radioactive waste disposal facility to NRC or the_ appropriate Agreement State agency; or 2.

Provide a written certification to NRC by the Governor (or Chief Executive Officer, if applicable) that the State will be capable of providing for, and will provide for, storage, disposal or management of_any low-level radioactive waste generated within the State and requiring disposal.after December 31, 1992. The certification'is to include a description of actions to be taken to ensure that such capacity exists.

Section 5(e)(1)(F) of the Act also allan States to meet the 1990 milestone through disposal agreements with sited Compacts. States or Compacts which do not meet the milestone face loss of surcharge rebates from the United States Department of Energy (DOE), as well as denial of access by the sited States-to existing regional disposal facilities.

NRC has processed and forwarded all certifications received to DOE for its surcharge rebate determination. By no later than January 23, 1990, the.NRC will transmit all certifications to Congress and to the Office of the Federal Register for publication.

Given the importance of this matter, we request that your office confinn, in writing, the position of the Commonwealth of Puerto Rico relative to the submittal of the certification. Your prompt reply to this letter will be appreciated.

Sincerely, Qi@ed) Robert R Bernero Robert M. Bernero, Director Office of Nuclear Material Safety and Safeguards CentrahFile%4.99df NMSS r/f Distribution: T RBernero RBangart~ ~ ~JGreeves MBell JSurmeier PLohaus GArlotto RMacDougall SSalomon FCcab s JJones r/f PDR YES

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SS/ HON.HERNANDEZ-COLON.

The Honorable Raphael Hernandez-Colon Governor of Puerto Rico State Capitol La*Fortaleza San Juan, Puerto Rico 00901 x

Dear Governor Hernandez Colon:

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am writing to confirm that the United States Nuclear Regulatory Commission fRC) has not received a Governor's Certification for the Commonwealth of

- P0erto Rico pursuant to the 1990 milestone requirements of the Low-Level Rad oactive Waste Policy Amendments Act of 1985 (Act).

Accor ing to the Act there are two methods of meeting this milestone:

1.

Submit a complete license application for a new low-level radioactive waste disposal facility to NRC or the appropriate Agreement State ag ncy; or i

2.

Pro (de a written certification to NRC by the Governor (or Chief Execu'tive Officer, if applicable) that the State will be capable of provid) g for, and will provide for, storage, disposal or management of any

-level radioactive waste generated within the State and requiring isposal after December 31, 1992.- The certification is to include a scription of actions to be taken to ensure that such capacity exi s.

Section 5(e)(1)(F) of the et also allows States to meet the 1990 milestone l-through oisposal agreements ith sited Compacts. States or Compau.s.which do not meet the milestone face s of surcharge rebates from the United States l

Department of Energy (DOE), as all as denial of access by the sited States'to l

existing, regional disposal facil ties, f

NRC has processed and forwarded all ertifications received to DOE for its surcharge rebate determination. By later than January 23, 1990, the HRC will transmit all certifications to Co ress and to the Office'of the federal r

Register for publication.

We have not been able to contact your staf to determine if you iciend e os time to wtmit such a certification. Given e importance of this matter, w, request that your office confirm, in writing, he position of the Commonwealth of Puerto Rico relative to the submittal of the ertification. Your prompt reply to this letter will be appreciated.

Sincerely, Robert M. Bernero, Dir ctor Office of Nuclear Mater 1 Safety and Safeguards Distribution: Central File f 409.52 N S r/f RBernero RBangart JGreeves-NBell JSurmeier PLohaus GArlotto RMacDougall SSalomon FCombs JJones r/f r

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