ML20055D436

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Submits Brief Description of State of Tx Organization Re Nuclear Matters
ML20055D436
Person / Time
Issue date: 12/30/1987
From: Sanborn G
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV)
To: Felgate G
NRC COMMISSION (OCM)
Shared Package
ML20055D365 List:
References
FOIA-TUYL90-36 NUDOCS 9007060302
Download: ML20055D436 (3)


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011 RYAN PLAZA DRIVE $UITE 1000 3

ARLINot0N. TEXAS 79011

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. q DEC 3 0 icm7 NOTE TO: George Felgate, Executive Assistant to Commissioner Carr FROM:

Gary Sanborn, Regional State Liaison Officer Region IV

SUBJECT:

COMMISSIONER CARR'S JANUARY 28 MEETING WITH TEXAS OFFICIALS As you requested, I have put together a brief description of the state's organization regarding nuclear matters and a sumary of some matters of recent concern. Give me a call on FTS 728-8267 if I can help further.

Texas organization for nuclear matters 1

Texas is an Agreement State and in March 1988 will mark the 2Sth year of i

conducting a radiation control program under the terms of its agreement with

,NRCandjtspredecessor,theAEC.

Texas' program is administered by the Bureau of R6diation Control within the Department of Health. David K. Lacker is Bure6u Chief. Although the BRC had its budget cut in 1987, it is generally perceived as a well-staffed and excellently-run program. Texas' BRC often takes the lead in initiating consideration of radiation protection measures. Examples of this are in certification of radiographers and in adoption of Below Regulatory Concern standards for radioactive waste.

I have attached a recent Bureau newsletter that discusses some of these matters.

Texas decided in 1981 to establish a low-Level Radioactive Waste Disposal Authority to meet the state's responsibility under the law to develop disposal capacity for this category of waste. LawrenceR.(Rick)Jacobihasbeenthe General Manager of the authority since its creation. Although Texas was at one time well ahead of other states in meeting this responsibility, the politics of l

the issue have driven the authority to adopt a schedule that is generally in accord with that of I 3 other states and compacts. The authority is concentrating on a si on state-owned land in Hudspeth County in far west Texas but continues is encounter political opposition from neighboring El Paso l

l County.

I have attacned an October 1987 newsletter from the authority.

Governor Clements recently appointed Auburn Mitchell, a former NRC attorney, as his energy advisor, a job that includes directing the governor's Nuclear Waste l

Programs Office. The NWP0 has had the job of monitoring DOE and NRC activities

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t George Felgate gc 3 0 too7 relative to high level waste but, of course, may net remain active now that Congress has directed DOE to focus its search in Nevada (article attached).

The governor's appointed Liaison Officer to NRC (at our request) is Dr. William fisher, Director of the Bureau of Economic Geology at the University of Texas at Austin. Dr. Fisher was appointed to this position during Governor Clements' first term and remained in it during the administration of Governor Mark White.

Other topics of interest 1.

In mid-October, Region IV and NRR conducted a briefing for state and local officials in Austin, Texa!.. The purpose of the briefing was to acquaint these governmental representatives with NRC's regulatory programs for power reactors (STP had been licensed for fuel-load and low-power testing) and with NRC's programs for keeping state and local officials informed of our activities.

We also discussed the many ways in which these governments are already involved with the facilities that we license and

regulate, 2.

NRC has in recent weeks responded to Senator Phil Gram regarding the state's regulation of a uranium mill licensee. NRC had previously corresponded with the state and an Austin attorney on this matter.

I am attaching copies of this correspondence plus a copy of a recent newspaper article that indicates the licensee has agreed to halt the practice that seemed to be at the heart of the issue -- the deposition in its tailing pond of radioactive wastes generated elsewhere. Please note the May 21, 1987 letter from the Texas Comissioner of Health to Harold Denton.

3.

The Texas BRC has written NRC (letter attached) requesting a meeting to discuss jurisdictional issues regarding the Texas A&M University reactor.

The difficulty in defining where the NRC's jurisdiction ends and where the state's begins became obvious following an incident there in December 1986 involving byproduct material produced in the reactor.

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y Sa rn Regional State Liaison Officer Attachments:

As stated

George Felgate 3-cc w/ attachments:

R. D. Martin ec w/o attachments:

L. J. Callan J. L. Milhoan R. L. Bangart R. J. Doda S. Schwartz /SLITP 1

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