ML20011D260
| ML20011D260 | |
| Person / Time | |
|---|---|
| Issue date: | 12/18/1989 |
| From: | Bangart R NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | Bernero R NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| References | |
| REF-WM-3 NUDOCS 8912260083 | |
| Download: ML20011D260 (17) | |
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MEMORANDUM FOR: ' Robert M. Bernero, Director Office of Nuclear Material Safety and Safeguards FROM:
Richard L 'Bangart, Director Division of Low-Level Waste Management and Decommissioning, NMSS
SUBJECT:
RECEIPT AND PROCESSING 0F GOVERNOR'S CERTIFICATIONS This memorandum sets forth the staff's current plans to process Governors' certifications under the Low-Level Radioactive Waste Policy Amendments Act of 1985 (LLRWPAA), and seeks your approval of our proposal to forward our-recommendations to the Commission.
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.Section 5(e)(1)(C)(ii) of the LLRWPAA requires the Governor or Chief Executive Officer of any state subject to this requirement to provide a written certification to the NRC that such state "will be capable of providing~for, and will provide for, the storage, disposal, or management of any low-level
-radioactive waste generated within such state and requiring disposal after December 31, 1992" and include."a description of the actions that will be taken to ensure that such capacity exists." The milestone for this requirement is January 1, 1990.
Section 5(e)(1)(E) directs NRC to transmit the certifications to Congress and to publish'them in the Federal Register (FR).
In anticipation of receiving approximately 33 such certifications Ehe LLWMD staff has developed a plan for processing the certifications in a timely manner while fulfilling NRC's statutory obligations under the Act. The plan has been coordinated with OGC, GPA, SLITP, the Document Control Center (DCC), the Mail Room (MR),(Rules and Procedures Branch (RPB), NMSS Program Implementation Branch staff PIB) and a cognizant official in the Department of Energy (DOE). The primary' steps and major objectives associated with this task are outlined below:
-1.
All certifications will be processed immediately upon receipt. The MR will forward the certifications to the DCC for assignment of a control numberandPublicDocumentRoom(PDR)referenceetc. The certifications will then be forwarded to PIB which will prepare a copy for your information. The original will be hand carried to me for review and processing by nty staff.
2.
For processing in accordance with NRC guidance, any submittal that is signed by a Governor or his/her designee, dated, and purports to address therequirementsofSection5(e)(1)(C)(ii)oftheActwillbedeemedto satisfy facial compliance with the Act. The staff will not review the s
document for its technical content until after NRC has fulfilled its
'Ns statutory responsibility to transmit each certification received, and j
would undertake such a review only if requested by a Governor or Congress on a case-by-case basis.
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statutory obligation to make rebates of surcharges within 30 days of January 1,'1990.- A transmittal letter will be prepared for your signature L
and is identified as Attachment 1.
Since minor disparities may exist between NRC and DOE as to the nature of NRC's responsibility in the Governor's certification process, we recommend that you send the letter identified as Attachment 2 to Jill Lytle of DOE prior to processing of
-the first certifications received by NRC.
4.
The LLWMD staff recognizes that certain contingencies may arise in processing the Governor's certifications. Given the limited scope of our u
review, the primary contingencies and related staff actions are:
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A.
The certification is not signed by the Governor (Chief Executive) or L
his/her designee.
Ac_ tion:
The certification will be returned for signature.
B.
The certification is not dated.
. Action:
. The certification will be forwarded to DOE, Congress, l
Sited States and the FR with the date of receipt noted, t
C.
The certification is received late.
Action:-
The certification will be forwarded to DOE, Congress, Sited States and the FR.
D.
No certification is received from a candidate state.
Action:
The Governor's office for that state will be contacted by telephone if no certification is received by January 15, 1990. A written notification will follow.
The staff is contacting candidate certifying states to determine if they plan to submit certifications, and I
will make a list to check against the certifications received.
E.
The certification does not appear to provide a description of actions that will be taken to ensure the commitments required under Section5(e)(1)(C)(11)oftheLLRWPAA.
Action:
The certification will be forwarded to DOE, Congress,
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Sited States and the FR.
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SUEJECT ABSTRACT: RECEIPT'XHD PROCESSING OF GOVERNOR'S CERTIFICATIONS F.
A certification it. found to be in noncospliance by the sited states and is, therefore, subject to an appeal process as authorized under their state statt.tes. This proceaa may result in the submission of supplemental materials to accompany the initial certification submission.
g Action:
While the staff believes that Any such submission to NRC
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is unlikely, the submission would be processed in an identical manner to the initial submission.
5.
Once all certifications have been received, processed and f ervarded to DOE, the President of the Senate and Speaker of the House will be provided copies of all certifications and notification that NRC Ws fulfilled its obligations under this milestone of the Act. This transmittal will be made no later than January 23, 1989, the date Congress is scheduled to reconvene. To comply with the spirit of Section 5(e)(1)(E) on the Commission's role, we believe the final document should be signed by the Chairman. The staff has prepared a draft of this letter which is identified as Attachment 3.
6.
Concurrently with the formal transmittal to Congress. copies of the certifications will be forwarded to the PRB for publication in the FR.
All certifications will be accompanied by a collective FR notice. PTease refer to Attachments 4 and 5 for drafts of this correspiindence. At the same time, copies of the certifications will be directed to the appropriate Congressional oversight comittees and affected state Congressional delegations under a cover letter signed by the Director, Congressional Aff airs and to the sited state officials named in our guidance in the February 22, 1989 FR signed by the Director, SLITP.
Refer to Attachments 6 and 7 for c6 pies of these transmittal letters.
The LLWMD staff assumes that the majority of the certifications will be received on or about the January 1, 1990 milestone. The complexity of the certifications and the extent of the accompanying documentation is uncertain at this point. However, th LLWMD staff intends to focus upon ensuring facial compliar.ce with the Act and to fulfilling NRC's limited " clearing house" re.sponsibilities under the statute.
We are prepared to brief you if reqbestedWCW1 S;GED By Richard L. Bangart, Director Division of Low. Level Wasta Management and Decomissioning, NMSS
Enclosures:
Attachrants T-7
- See Previous Concurrence
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$UBJECT ABSTRKCT: RECEIPT"IND-PROCESSING OF GOVERNOR'S CERTIFICATIONS F.
A certification is found to be in noncompliance by the sited states and is, therefore, subject to an appeal process as authorized under their state statutes. This process may result in the submission of supplemental materials to accompany the initial certification submission.
Action:
While the staff believes that any such submission to NRC is unlikely, the submission would be processed in an identical manner to the initial submission.
5.
Once a certifications have been received, processed and forwarded to 00E, the resident of the Senate and Speaker of the House will be provided copies of a 1 certifications and notification that NRC has fulfilled its obligations u er this milestone of the Act. This transmittal will be made no later t n January 23, 1989, the date Congress is scheduled to l
reconvene. To co ly with the spirit of Section 5(e)(1)(E) on the Commission's role,ff believe the final document should be signed by the Chairman. The sta s prepared a draft of this letter which is identified as Attachmen 3.
6.
Concurrently with the forma ransmittal to Congress, copies of the certifications will be forward to the PRB for publication in the FR.
All certifications will be accomp ied by a collective FR notice. ETease refer to Attachments 4 and 5 for dr ts of this correspoHdence. At the same time, copies af the certification. Will be directed to the appropriate Congnd;ional oversight com ees and affected state Congressional delegations under a cover let r signed by the Director, Congressional Affairs and to the sited state o icials named in our guidance in the February 22, 1989 LR signed by t Director, SLITP.
Refer to Attachments 6 and 7 for copies of these tr smittal letters.
The LLWMD staff assumes that the majority of the certificatio will be received on or about the January 1,1990 milestone. The comple ty of the certifications and the extent of the accompanying documentation i uncertain at this point. However, the LLWMD staff intenis to focus upon ensu g facial compliance with the Act and to fulfilling NRC's limited " clearing hous "
responsibilities under the statute.
With your concurrence, we will schedule a meeting with the Commission staff. x We are prepared to brief you if requested, l
Richard L. Bangart, Director Division of Low-Level Waste Management j
and Decommissioning, NMSS
Enclosures:
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l Jill Lytle, Acting Associate Director Office of Waste Operations Office of Environmental Restoration and Waste Management Mail Stop EM-30 U.S. Department of Energy i
Washington, D.C.
20545 r
Dear Ms. Lytle In accordance with the DOE's January 23, 1989 " Notice of DOE Policies and Procedures Regarding the January 1,1990 Milestone, the U.S. Nuclear Regulatory i
Commission (NRC) hereby(verifies receipt of the enclosed certification submitted b Commonwealth) of to meet Section 5(e)(1)(C)(y the State 11) of the. Low-Level Radioactive Waste Policy Amendments Ac 1985. This certification was signed by Governor and certifies that the State (Commonwealth) of will be capable of providing for and will 4
provide for storage, disposal, or management of any low-level radioactive waste generated within the State and requiring disposal after December 31, 1992.
This certification was officially provided to NRC on No later than January 23, 1990, copies of all certifications will be sent to Congress and to the Office of the Federal Register (FR) for publication in accordance with Section 5(e)(1)(E) oM Act. At the same time, the sited states officials named in our guidance in the February 22, 1989 FR will be provided with copies of.all certifications. NRC has processed the certification in accordance with
. the summary provided to you in my 1989 letter.
Sincerely, Robert M. Bernero, Director Office of Nuclear Material Safety and Safeguards
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Enclosure:
As stated l
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Jill Lytle, Acting Associate Director Office of Waste Operations Office of Environmental Restoration l
and Waste Management 1
j Mail Stop EM-30 l
U.S. Department of Energy Washington, D.C.
20545 I
I' am writing regarding NRC's anticipated receipt of Governor's certifications j
for the 1990 milestone of the Low-Level Radioactive Waste Policy Amendments Act j
of 1985.
In accordance with published DOE guidance, I will be transmitting and verifying receipt of the certifications to you as they are received.
DOE's guidance indicates that DOE will accept as documentation of a State's I
compliance with the milestone a statement signed by an NRC official authorized to verify NRC's-official receipt of such correspondence. The guidance further l
provides that the statement should verify that a certification, as described in the Act, signed by the Governor of the State, was filed with the NRC by January 1,1990.
The statement should indicate that the Governor's certification provides for the storage, disposal or management of any low-level radioactive waste for which the State is responsible under i
Section 3(a) of the Act.
I'have attached, for your information, a copy of the transmittal letter we plan to send to you to verify receipt of the certifications. To the extent that the certifications are clear and coritain a statement that the certification provides for the "... storage, disposal or management of any low-level radioactive waste for which the State is responsible under l
l Section 3(a) of the Act..." or words to that effect, I will. include such a L
. statement in any letter to you.
In the unlikely event that such a statement is l
not specifically contained in the certification, I will proceed to transmit the certification to you and verify its receipt in accordance with your l
guidance. For all certifications, the formal determination of compliance with l
the Act for purposes of state eligibility for receipt of surcharge rebates rests with DOE.
4 We have previously-informally reviewed drafts of the enclosed letter with L
William Newberry of your staff.
If you have any questions, please do not hesitate to contact me.
Sincerely, Robert M. Bernero, Director Office of Nuclear Material Safety and Safeguards
Enclosure:
As stated m
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- 1 Jill Lytle, Acting Associate Director Office of Waste Operations Office of Environmental Restoration and Waste Management Mail Stop EM-30 U.S. Department of Energy Washington, D.C.
20545 I am writing regarding NRC's anticipated receipt of Governor's certifications for the 1990 milestone of the Low-Level Radioactive Waste Policy Amendments Act of 1985.
In accordance with published DOE guidance, I will be transmitting and verifying receipt of the certifications to you as they are received. DOE's guidance indicates that DOE will accept as documentation of a State's compliance with the milestone a statement signed by an NRC official authorized to verify NRC's official receipt of such correspondence. The guidance further provides that the statement should verify that a certification, as described in the Act, signed by the Governor of the State, was filed with the NRC by January 1,1990. The statement should indicate that the Governor's certification provides for the storage, disposal or management of any low-level radioactive waste for which the State is responsible under Section 3(a) of the Act.
I have attached, for your information, a copy of the transmittal letter we plan to send to you to verify receipt of the certifications.
To the extent that the certifications are clear and contain a statement that the certification provides for the '... storage, disposal or management of any low-level radioactive waste for which the State is responsible under Section 3(a) of the Act..." or words to that effect, I will include such a statement in My letter to you.
In the unlikely event that such a statement is not specifically contained in the certification, I will proceed to transmit the certification to you and verify its receipt in accordance with your guidance.
For all certifications, the formal determination of compliance with the Act for purposes of state eligibility for receipt of surcharge rebates rests with DOE.
We have previously informally reviewed drafts of the enclosed letter with William Newberry of your staff.
If you have any questions, please do not hesitate to contact me.
Sincerely, Robert M. Bernero, Director Office of Nuclear Material Safety and Safeguards
Enclosure:
As stated Distribution:
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1 Jill Lytle, Acting Associate Director Office of Waste Operations Office of Environmental Restoration and Waste Management Mail Stop EM.30 U.S. Department of Energy shington, D.C.
20S45 Ia writing regarding NRC's anticipated receipt of Governor's certifications for t 1990 milestone of the Low. Level Radioactive Waste Policy Amendments Act j
of 1985.
In accordance ith published DOE guidance I will be transmitting and verifying receip of the certifications to you as they are received. DOE's guidance indicates at DOE will accept as documentation of a State's compliance with the lestone a statement signed by an NRC official authorized to verify NRC's officia receipt of such correspondence. The guidance further provides that the stateme should verify that a certification, as described in the Act, signed by the ernor of the State, was filed with the NRC by January 1,1990. The stateme should indicate that the Governor's certification provides for the torage, disposal or management of any low-level radioactive waste for ich the State is responsible under Section 3(a) of the Act.
I have attached, for your information, a copy of the transmittal letter we plan to send to you to verify receipt o the certifications. To the extent that' the certifications are clear and con ain a state'nent that the certification provides for the "... storage, disposal or management of any low level radioactive waste for which the S te is responsible under SecTion 3(a) of the Act..." or words to that ffect, I will include such a statement in my letter to you.
Ir. the unlikel event that such a statement is not.specifically contained in the certification, I will proceed to transmit the certification to you and verify its receipt accordance with your guidance. For all certifications, the formal dete ination of compliance with the Act for purposes of state eligibility for recei of surcharge rebates rests with DOE.
We have previously informally reviewed drafts of the en osed letter with l
William Newberry of your staff.
I-f you have any question please do not hesitate to contact me.
1 Sincerely, Robert M. Bernero, Director Office of Nuclear Material Sa ty
Enclosure:
As stated Distribution:
(LLWM89112)CentralFile# 409.29, 409.41, 409.48 MSS r/f RBernero RBangart JGreeves MBell JSurmeier chaus GArlotto RMacDougall LCamper JJones r/f & t/f JLepre f
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Honorable J. Danforth Quayle Honorable Thomas S. Foley President of the Senate Speaker of the House United States Senate United States House of Representatives Washington, D.C.
20510 Washington, D.C.
20510
Dear Honorable:
The U.S. Nuclear Regulatory Commission (NRC), in accordance with
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Section 5(e)(1)(E) of the Low-Level Radioaative Waste Policy Amendments Act of 1985 (LLRWPAA), is discharging its responsibility as set forth in the LLRWPAA.
The Act directs NRC to transmit any state certification on low-level waste to Congress and publish it in the Federal Rgster [Section 5(e)(1)(E)].
Concurrently with this transmitfal~to you, iE5 pies of the enclosed L
I certifications have been forwarded to the Federal Register for publication, to the designated officials in each sited state, and to affectea state Congressional delegations. Upon receipt and processing, copies of the certifications were dispatched to DOE in view of DOE's statutory obligation to l
make rebates of surcharges within 30 days of January 1,1990.
Section 5(e) of the LLRWPAA sets forth the milestone requirements for states I-and interstate compacts to have continued interim access to existing disposal facilities in what the Act calls " sited" states. To meet the 1990 milestone, non-sited states by January 1,1990, must either have:
(1)submitteda complete license application to NRC or the appropriate Agreement State agency
[Section 5(e)(1)(C)(1)]; or submit to NRC a written certification by the Governor that the state will be capable of providing for, and will provide for, the storage, disposal, or management of any low-level radioactive waste generated within the state and requiring disposal after 1992
[Section5(e)(1)(C)(11)]. This certification is to include a description of the actions which will be taken to assure that such capacity exists.
Section 5(e)(1)(F) of the Act also allows states to meet the 1990 milestone through disposal agreements with sited compacts.
The 1990 milestone is designed to assure that certifying states continue to progress toward the fulfillment of the LLRWPAA policy that each state, either by itself or in cooperation with other states, will be responsible for providing for the disposal of LLW generatec within the state. Failure to meet this milestone may result in the loss of funding to the state or compact through a rebate of disposal surcharges paid by waste generators into an escrow fund maintained by the U.S. Department of Energy (DOE).
Failure ta meet this l
milestone may also result in loss of access by waste generators to currently 1-operating disposal sites.
It is the responsibility of the U.S. Department of Energy (DOE) and the sited states to determine whether each certification complies with LLRWPAA requirements for the respective purposes of releasing escrowed disposal surcharge rebate funds and allowing continued access to i
existing disposal facilities. Transmittal of the certifications to Congress l
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and the Feder.a..l.R.e.gister fulfills the Comission's obligations under the p
If you have any questions or require further clarification, do not hesitate to contact me.
1 Xenneth M. Carr t
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MEMORANDUM FOR: David L. Meyer, Chief Rules and Procedures Branch Division of Rules and Records ARM FROM:
Paul H. Lohaus, Chief Operations Branch Division of Low-Level Waste Management and Decommissioning,'NMSS
SUBJECT:
FEDERAL REGISTER NOTICE Please have the attached Governor's Certifications published in the Federal Register.
Publication of these documents is required under Section 5(c)(1)(E) of the Low-Level Radioactive Waste Policy Amendments Act of 1985 (LLRWPAA on P.L.99-240).
In accordance with SECY procedures, the original and five copies are provided.
If you have any questions on this Notice, please contact me or Larry W. Camper of my staff at 492-0573.
Paul H. Lohaus, Chief I
Operations Branch Division of Low-Level Waste Management and Decomissioning, NMSS
Enclosures:
Federal Register Notice:
Governor's CartifIcation 1
j
Attachm2nt 5 l
NUCLEAR REGULATORY COMMISSION Low-Level Radioactive Waste Policy Amendments Act of 1985 (P.L.99-240)
January 1,1990 Milestone for Governors' Certifications AGENCY:
Nuclear Regulatory Commission ACTION:
Publication of Governors' Certification
SUMMARY
- Notice is hereby given of the receipt of Governors' Certifications for the State (s) Conunonwealth(s) of Section 5(e)(1)(E) of the Low-LevelRadioactiveWastePolicyAmendmentsActof1985(LLRWPAAor P.L.99-240) requires NRC to publish these Certifications.
Concurrently, NRC has dispatched copies of the Certifications to Congress. NRC has also provided the Department of Energy (DOE) and sited states with copies of the certifications in order to conduct their reviews as required by the LLRWPAA. These actions fulfill NRC's statutory obligations under the Act.
FOR FURTHER INFORMATION CONTACT:
Larry W. Camper, Operations Branch, Division of Low-Level Waste Management and Decommissioning Office of Nuclear Material Safety and Safeguards, U. S. Nuclear Regulatory Commission, Washington, D.C.
20555, Telephone (301) 492-0580.
SUPPLEMENTARY INFORMATION: Section 5(e) of the LLRWPAA sets forth the milestone requirements for states and interstate compacts to have continued interim access to existing disposal facilities in what the Act calls " sited" i
states. To meet the 1990 milestone, non-sited states by January 1,1990, must l
either have:
(1) submitted a complete license a lication to NRC or the appropriate Agreement State agency [Section 5(e)pp)(C)(1)]; or submit to NRC a (1
written certification by.the Governor that the state will be capable of providing for, and will provide for the storage, disposal, or management of any low-level radioactive waste generated within the state and requiring disposal
-after1992[Section5(e)(1)(C)(ii)]. This certification is to include a description of the actions which will be taken to assure that such capacity exists.
Section 5(e)(1)(F) of the Act also allows states to meet the 1990 milestone through disposal agreements with sited compacts.
The 1990 milestone is designed to assure that certifying states continue to progress toward the fulfillment of the LLRWPAA policy that each state, either by itself or in cooperation with other states, will be responsible for providing for the disposal of LLW generated within the state. Failure to meet this milestone may result in the loss of funding to the state or compact through a rebate of disposal surcharges paid by waste fund maintained by the U.S. Department of Energy (DOE) generators into an escrow Failure to meet this 1
milestone may also result in loss of access by waste generators to currently operating disposal sites.
It is the responsibility of the U.S. Department of Energy (DOE) and the sited states to determine whether each certification complies with LLRWPAA requirenents for the respective purposes of releasing escrowed disposal surcharge rebate funds and allowing continued access to existing disposal facilities.
. ~ _ _. _ _ _ _... _.. _ _ _.
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LC/NRC/ GOV. CERT. PUB./11/17
> 1 The complete certifications are voluminous and extensive in nature.
Consequently, only the actual certification letters addressing the comunitments required under Section 5(e)(1)(C)(ii) of the LLRWPAA are published below. The complete text of each certification including any appendices or supporting information are available for public inspection in the Public Document Room, U.S. Nuclear Regulatory Comunission, 2120 L Street, N.W., Washington, D.C. 20036.
For the Nuclear Regulatory Commission Paul H. Lohaus Chief, Operations Branch Division of Low-Level Waste Management and Decomunissioning Office of Nuclear Material Safety and Safeguards e
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UNITED $TATES
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WASHINGTON. D. C. 20565
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The Honorable i
United States House of Representatives Washington, D.C.
20515
Dear Congressman:
This is to inform you that the U.S. Nuclear Regulatory Commission (NRC), in
'AmendmentsActof1985(Act),hasreceivedfromtheGovernorof(accordance with Section a written certification submitted to meet the milestone of January 1,1990.
The certification is a statement of intent that the State "will be capable of providing for, and will provide for, the storage, disposal, or management of any low-level radioactive waste generated within such State and requiring disposal af ter December 31, 1992."
As required by the Act, the NRC is transmitting the certification to the Congress and the Office of the Federal Register for publication in the FederaF Register. The Department of Energy and States (Nevada South Carolina and Washington) with existing low-level radioactive waste facilities have also t
been provided with copies of the certifications to conduct their reviews as required under the Act.
Should you have any questions, please contact me.
Sincerely, Dennis K. Rathbun Director
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Congressional Affairs
Enclosure:
Governor's letter
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P(psuouq'o, UNITED STATES g
NUCLEAR REGULATORY COMMISSION
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Mr. Jerry Griepentrog Director Department of Human Resources 505 East King Street Room 600 Carson City, NV 89710
Dear Mr. Griepentrog:
For your information the U.S. Nuclear Regulatory Commission (NRC) hereby -
verifies receipt of the enclosed certification submitted by the State (Commonwealth) of
_ to meet Section 5(e)(1)(C)(11) of the Low-Level Radioactive Waste Policy Amendments Act of 1985. This certification was officially provided to NRC on Copies of all certifications have
.been sent to Congress, to the of fice of the Federal Re11 ster (FR) for publication in accordance with Section 5(e)(1)(E) of tw Act and to the l
U.S. Department of Energy for surcharge rebate determination.
If you have any question, please call me.
Sincerely, Carlton Kasunerer, Director State, Local and Indian Tribe Programs Office of Governmental and Public Affairs
Enclosure:
As stated
_ -... _ -