ML20055E740
| ML20055E740 | |
| Person / Time | |
|---|---|
| Issue date: | 06/07/1989 |
| From: | Parler W NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | Carr, Roberts, Zech NRC COMMISSION (OCM) |
| Shared Package | |
| ML20055C180 | List: |
| References | |
| FOIA-90-144 NUDOCS 9007120296 | |
| Download: ML20055E740 (4) | |
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o June 7, 1989 i
MEMORANDUM FOR:
Chairinan Zech l
' Commissioner Goberts Commisstoreer Carr Comissioner Rogers.
i Comissioner Curtiss FROM:
Wfiliam C. Parler i
General Counsel i
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SUBJECT:
ILLIN0IS NUCLEAR FACILITY SAFETY ACT (ILLIN0!$;H0VSE BILL 2310)
On Friday, June 2,1989, NRC Headquarters staff from NRR, GPA and OGC met with staff of NRC Re j
Nuclear Safety (gion III and representatives of-the Illinois-Department of IONS) at the NRC Regional Office in Glen Ellyn, Illinois to discuss the draft text of proposed Subagreement 3 pertaining to State resident i
engineers and to obtain additional information concerning the origin and purpose of Illinois House Bill 2310 1/
Introduced on April 7. 1989 by Representative Churchill, H.B. 2310 was-cleared i
by the Governor's -office for introduction:in the Illinois General-Assembly only half a day before -the final date.for the,sobmission of bills at this session of the Illinois legislature which ends June 30; 1989.
IDNS repre-sentatives indicated that this tight time schedule precluded any advance consultation with NRC concerning the provisions of H.B. 2310.
However. IDNS representatives offered no explanation as to their failure to consult With NRC during the period between April-7 1989 and June 2, 1989.
It is our understanding that the Illinois Sena,te-Comittee on Energy and the Environ ment, of which Senator Patrick D. Welch is Chairman, has scheduled a on H.9. 2310 at 9:00 a.m.
Friday. June' 9.1989, in Room 400 of the Capito Building in Springfield.111tno4s.
Senator Joyce. Vice Chairman of the Comittee on Energy and the Environment, co-sponsored H.B. 2310'with Senator Maitland.
Once H.B. 2310 is reported out of the Senate Committee, the two additional readings necessary for-passage follow.
Bills not passed at this (g
"E ' 1/
The text of H.B. 2310. as passed by the Illinois House of Representatives 8e on May 22. 1989 by a vote of 110 for to 2 against. together s'th an 000 o5 sumary, was transmitt6d to the Comissioners on May 30, 1989.by memo-randum from Carlton Kamerer. Director. State. Local and Indian Tribe e i jh Programs, GPA.
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Q Information in this record was deleted 11 1
I g70 in accordance with the Ireedom of Informatiorq bh Act, exemptions #
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session of t.he Illinois legiskture are tabled and must be reintroduced when the Illinois General Assembly nert convenes.
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William C. Parler General Counsel
Enclosures:
A.
Draft letter to the Governe, wi 8.
Sumary: Section 274; Federal pro mption.
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ep William C. Parler General Counse)
Enclosures:
A.
Draft letter to the Governor of Illinois.
8.
Sumary: Section 274; Federal preamption.
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DATE 06/ 7 18.9
- 06/ 1 189 106A,/89
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rebruary n.1990 06 3
e(Y MEMORANDUM FOR: Ja.es M. Taylor. Executive Director for Operations I
M Harold R. Denton. Director. Office of Governmental bv ;
l and B911c Affairs
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FROM:
A. Bert Davis, Regional A4ninistrator. Region !!!
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$UBJECT:
MEETING WITH FR. TERRY LA$N. ILLIN0!$ DEPARTMENT N
ri t
j OF NUCLEAR $AFETY ON FilRUARY 14, 1990 I
A meeting was held between the NRC and the Illinois Department of Nuclear i
$afety'(IDNS) on February 14, 1990.* A copy of the agenda is enclosed. The first part of the meeting was attended by Jim Taylor. Harold Denton. Sert Davis and Terry Lesh. Later we were joined by Sob Bernero. Stewart Treby. and 1
Carlton Kamerer. The m jor conclusions and agreements resulting from the nteting art discussed below.
If you have any corrections to these conclusions l
and agreements, please let me know, i
l It was affined that both the NRC and the IDNS desire to work cooperatively in areas of riutual-interest including implementation of the Policy Statement i
and Femoranda of Understanding relating to $ tate participation in NRC activities. To help assure this goal Mr. Davis and Mr. '. ash will meet 3
/) M" periotically and converse by telephone as appropriate.
Initially it is 9
intendte that the meetings will be conducted quarterly. This my change as circumstances dictate, t
Fr. Davis will establish a list of NRC staff who will be assigned as the cognizant individual on each of the mjor interfaces with the State. This information will be provided to Mr. Lash who will also assign a counterpart i
staff person or contact from IDN$.
lor will explore including IDN$ in the NRC ritness for Duty Pr ram Mr. Takegion !!! has done some preliminary inquiries with NRC HeadquaNers.
k since M on whether or not this can be done Mr. Davis will provide infomation on these inquiries and the results obtained to Mr. Taylor.
1 Mr. Lash had requested that the fitness for duty requirement.s.on some of his technicians be waved for a period of time which would enable him to establish IDh5 procedures regarding fitness for duty testing. Mr. Lash has now mde arrangements with Coninonwealth Edison Company to escort his technicians, so i
the NRC does not need to address this request.
There are two Memoranda of Understanding (M00) which are pending. These are the ASP.E.800 and the Pesident Engineer MOU. The NRC will exped te the approval of these MCL's.
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i 3ames'M. Taylor 2
February 23, 1990 I
Harold R. Denton I
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The current MDU on packaging and shipment of weste does not cover 10 CFR Part 61
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Region !!!
P g waste processing activit'es which the 3DNS would like to inspect.
1 will work with 3DNS to formulate an espanded MDU, Fr. Roland Lickus will l
coordinate this effort for NRC and Mr. John Cooper will coordinate it for IDNS.
1111r.ois has requested an amendment to the Section 1746 Agreement to include l
materialdefinedinSection11.e(t)oftheAtomicEnergyAct. A notice of the l
pf request and the NRC's assessment of the request will be published in the Federal Register for public comment. The Office of $ tate Programs has the lead on this issue.
Allied Chemical Company has requested permission from the NRC to bury low level Illinois.
Illinois has written a letter
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waste on its site at MetropolisIng that Illinois must op rove such burial, I
o Allied Chemical Company stat h p 10NS lawyers are of the view that such burial would be i legal. NRC lawyers hold the opposite view. Mr. Treby will discuss this matter with Mr. England.
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p,. the ICt:$ attorrey.
No further action will be taken on this matter by the NRC until it is discussed with the Chaiman. NMS$ has the lead on this issue.
i Mr. Lash rer, vested that the NRC readdress the position which escluded Allied Cbnical Corpary from the Agreement State Program. This was identified by Mr. Lath as being a low priority request. Mr. Denton will discuss the matter 1
with Chairman Carr.
1 Commonwealth Edison Company has made a request to IDN$ to bury low level waste on severti of its sites. Mr. Lash stated that IDNS is not working on these l
L p recuests bec6use NRC may determine that the approval authority rests with the W
13 C. Pr. Derter, will review this matter and detemine who in NRC will be assigned the lead to resolve it.
Fr. Lash expressed his concern regarding the fees charged by the NRC for 4p materi615 licenst activities. He was concerned that IDNS fees are higher than NPC fees yet IDh5 only captures about 17 percent of the Cfst in regulating O
materials ectivities. Mr. Denton has the lead on this issue. He will ciscuss it with Mr. Hiller.
Fr. Lash expressed a mild concern that the recent assessment of the IDN$
g materials program was not efficient. Apparently there was some duplication Dr of effort frem the various NRC reviewers. Mr. Kaemerer has the lead to elirin6te such duplication in the future.
Mr. Lash stated that the Illinois Medical Society had been successful in having the Raoietion Protection Act Statute corsidered for sunset at the end of this
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year instead of December 1993. Mr. Lash requested that the NRC prepare corresper.dence which would outline the impact of rescinding the act on the Agreement State status. Mr. Denton has tie lead on this issue.
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- February 23, 1990 a o d R. d on Mr. Lash requested that Pr. Denton appear as a speaker 6t the planned g Chica9e in the sumer of 1991. international symposium on low level waste disp h
Q :_ - - 4 A. Bert Davis l
Recional Administrator
Enclosure:
As stated cc w/ enclosure:
R. M. Bernero NMS$
C. Kerr.erer GPA/SP
- 5. A. Treby, OGC 1
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-7 FQruary 9.1990 i
Mt[ TING BtTWEIN NRC AND DR. TERRY LA$N, DIRECTOR, IDN$
j FEBRUARY 13, 1990 i
t OBJECTIVil Agreement for open connunication and cooperation Pecognition of the need for periodic exchange on NRC/1111ncis issues and relations j
Understanding the status of each issue j
AGENDA 1
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NRC and IDNS MOU's (A$ME and Resident Engineer) will require significantly closer cooperation and consultation.
Mechanise.s for improved communication / cooperation 155t'E 5 i
$tatus of Resident Engineer and A$Mt MOUs 1111nois LLW Regulations and Subegreement Anended Agreement for 11(e)2 material Fitness for Duty Program will provide escorts for technicians l
Allied $ignal on site disposal NRC fees kRC review of IDNS program NRC letter regarding Sunset Provision of Radiation Protection Act l
July,1991 Internat1onal symposium on LLW l
PARTICIPAN1$
James Taylor Executive Director for Operations j
Nerold'Denton, Director Office of Governmental and Public Affairs A. Bert Davis, Regional, Administrator, Ril!
Dr. Terry Lash, D' rector, Illinois Department of Nuclear Safety 4
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S!;3 AGREEMENT 1 BETWEEN THE ILLIN0IS DEPARTMENT OF NUCLEAR SAFETY AND THE U. S. NUCLEAR REGULATORY COMMIS$10N 1
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SUBAGREEMENT 1 PERTAIN]NG TO LOW-LEVEL RADIDACTIVE WASTE INSPECTION o
BETWEEN THE STATE OF ILLINDIS AND THE l
V.S. NUCLEAR REGULATORY COMMISSION The State of Illinois in fulfilling its obligations under the Low-Level RadioactiveWastePolleyAct,(WastePolicyAct)P.L.96573,contempletes i
af '" ***** a' 1aw-1 u=1
- M aartive that it will make periodic intoectiant 5 *a tranannet activitimsf4nd premises of jienerators located ~
1 waste nackant w'th'n its borders if shipments of such inste are destined for a low level l
waste disposal facility.
1 The United States Nuclear Regulatory Commission (NRC or Commission) has the statutory responsibility to inspect its licensees to determine compliance with NRC requirements, including requirements pertaining to the uhi m%
In the exercise ruckaalna and transportation of low-level radioactiva wic*=
F this responsibility, the Commission regularly conducts a review of the l
d i entees' orne dures_
transportation programs of its licensees inclu'ing the nad< nn af'wohietet jor quality assurance, packaging, markina, labelina andhis transpo licensee compliance with the Commission's regulations regarding low-level j
radioactive waste packaging and transportation without the need for Commission inspection of each individual shipment.
Under Section 274i. of the Atomic Energy Act of 1954, as amended, the Commission in carrying out its licensing and regulatory responsibilities under the Act is authorized to enter into Memoranda of Understanding (agreements) with any State to perform inspections or other functions on a cooperative i
eammiecinn daa=c =pprer h h.
While the CommIss1on coes not kilu_, haconduct on-site inspections of every low-level waste shipment of its licensees, it desires to foster the goals of the Waste Policy Act and the 4 tate of Illinois."
Accordingly, this Memorandum of Understanding between the State of Illinois and the NRC establishes mutually agreeable procedures whereby the State may
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far and en beha'f of the ca==itainn at certain'.
serform inspection functinne TRC reactor and materials licantana' f act14+ < - W p--+. Inw-level' T&dlD&ctive watt.a'_
It is hereby agreed between the Commission and the State as follows:
The Commission hereby authorizes the State to perform, for and on 1.
teh'alf 'of'the Commission 7 the following functions with respect to low-level radioactive waste, as defined in Section 2(16) of the Nuclear Waste Policy Act of 1982, in the possession of Commission licenstes 1eented within the State:
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(a) Inspections to determine compliance with the Commissbn's rules I
I and regulations regarding the packagina and transoortation of-
. low-level waste destined for disposal at a commercial low-leve'l radioactive waste disposal site, and
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(b)NotificationofCommissionlicenseesandtheCommissionin writing of any violation of Commiss.fon regulations disclosed by such inspections.
All enforcemer.t action pursuant to this Sub-agreement resulting from such inspections will be undertaken by l
the Commission.
The Commission does not normally evaluate the State's ability to
+
perform such functions,,however, the State agrees to utilize personnel knowledgeable in radiation safety, waste packaging requirements and packaging and transportation regulations.
Such functions as are performed by the State pursuant hereto shall be performed without cost or expense to the Commission, except for situations where NRC finds it appropriate to provide training to the State.
2.
The authority to inspect NRC licensees pursuant to the preceding paragraph is limited _to the licensee't A -level waste par h W m u transportat_ ton proced6 ret.
3.
In taking any action authorized hereunder, the State shall not undertake to amend or revoke Commission licenses. This Memorandum, however shall notbeconstruedtoprecludetheStatefromexercisinganyauthorIty i
lawfully available to it under its own laws.
l 4.
Efforts will be made by both parties to avoid duplicative enforcement action against an NRC licensee for the same violation.
However, this is not meant to preclude appropriate complementary actions for the same violation, such as termination of a user permit by the State and NRC enforcement action.
5.
Nothing herein shall be deemed to authorire the State to inspect or
'otherwise enter the premises of any licensee of the Commission which is a Federal inttrumentality without the prior consent of the licensee.
6.
Nothing herein shall be deemed to preclude or affect in any manner the authority of the Commission to perform any or all of the functions described herein.
Nothing herein is intended to restrict or expand the statutory authority 7.
of NRC or the State or to affect or vary the terms of any agreement in effect under the authority of Section 274b. of the Atomic Energy Act of 1954, as amended.
1
'or transport s) tan'da'rds bey'ond~those contained in Federa Nothin0 hereir.shall.be deemed.to permit the State to' impose packa 8.
ns.
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9.
The principal NRC contact under this Memorandum of Understanding shall be the Emergency Preparedenss and Radiological Safety Branch Chief for reactor licensees and the Materials and Safeguards Branch Chief for materials licensees.
The principal State contact shall be the Manager, Office of Waste and Transportation Management.
10.
This MOU shall become effective upon signing by the Ofrector, Department i
of Nuclear Safety, State of Illinois and the Regional Administrator, Region III, Nuclear Regulatory Commission and shall remain in effect permanently unless terminated by either party on thirty days prior written notice.
i T-Dated this '7 "
day of 7ti M 1984 at G t/ N f[ t t -
'0 n. a, kJ.!b w fr Regional Administraterv
(
l for the State of Illinois b
W cYufbt-l DAu m/x,//. -< j9/)
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Dated this
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day of c)vut 1984 at I
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WITS 4900191 4
4NWif808TAftt NUCLEAM REOULATORY COMM18860N g
waammetow.sa.senes i
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e,Peeoptwa j
ascattaar Detober 6, 1949 l
r MENORANDUM FORT
, ants N. Taylor, heting Esecutive
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pdDrectorforOperations
,R.N 1,.. m. So.retar,
SUBJECT:
B4710 JANUARYSECV-89-351 - STAFF REQ i
19, 1989, PROVIDE FOR STATE PARTIC I
INSPECTION ACTIVITIES This is to advise you that the commission (with all Commi I
agreeing) has approved the Model State Res ssioners j
Agreement as modified in the attached copy.ident Engineer proposed by the staff appears to contemplate two separateThe mod i
inspection plans -- one for the NRC and one for the State should be a much closer, more coordinated re The the NRC and the States.
re model agreement (attached). are aimed at promoting a c n
single, integrated inspection plan for the site.
of a approach, the state would not have its own inspection plan Under this would instead provide recommendations for. inclusion in a si 1
integrated
, but NRC plan. site inspection plan, to be prepared 1
ngle
- t. hat plan).
3 confidence and will not releaseSection VI. C.9 stat e MIP in 00C)pt in accordance with...*. it to the public or lioensees exce The attif should advise the Osamission whether we(in consultation with j
not to give the MIP to the P agreempnt states that the *.UC.
enn tell the State t
eensitive infomation to the ext..NRC andIn Section T1. D.g the mo Freedom of Information hot,...'.ent per(mitted by...the State l
State) will protect a
commission on the extent to which State Freede The staff should advise the be in a model AgrActs vary from State to State and whethe state senditions.eement rather than tailored to the specifio (500/00C) (MR)
(BBCE SDs7ENSE:
30/30/89) l with the negotiations of the M.U with Illinois. (
j any proceed d
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2-i The' Commission agrees that this Agreement is an excellent vehicle
.to insure uniform implementation of the policy statement and it f
should be used in concluding our negotiations with the state of Illinois.
However, the Agreement requires modification'if it is to be used with other states whose inspection programs are less comprehensive and do not involve placing state Residents at commercial nuclear facilities.
Accordingly, the first NOU based upon this model agrrssent should clearly state that this form of agreement is not app.opriate for states desiring less comprehensive programs or with less extensive resources.
In addition, the staff should come back to the Commission with proposed agreements which may serve as the implementation yuidance for programs of narrower scope.
Much of the same Language and format could be used, but later agreements need to more accurately reflect the specific prograa envisioned by the requesting state.
Proposed agressants that depart from his one should be submitted to the commission for review and approval.
Additional comments of the Commissioners have been provided to you with their vote sheets.
Attachment:
As stated cca Chairman Carr Commissioner Roberts Commissioner Rogers Commissioner curtiss OGC GPA CPA/SLITP e
I I
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.1 9
o STATc Or ILUNCIS Orrios or Tus Govnuxou i
SPRINOMCLD OMOS Jawt6 ft Tw ow*loer April 11, 1989 o.......
Th2 Honorable Lando W. Zech, Jr.
l Chairman L
U.S. Nuclear Regq1 story Comission Washington. 0.C.
R0555 l.
Dear Mr. Chairman:
By this letter ! request an amendment to the existing Agreement between the U.S. Nuclear Regulatory Commission (NRC) and.the State of Illinois.
The existing Agreement, entered into pursuant to Section 274b of the Atomic Energy Act of 1954, as amended, became effective on June 1,1987.
Under that Agreement, NRC relinquished and the State of Illinois assumed re ulatory t
authorityof(1)byproductmaterialasdefinedinSection11e.(1 of the Atomic Energy Act of 19541(2) sourcematerials;(3)specialnucearmaterials inquantitiesnotsufficienttoformacriticalmass;and(4)landdisposalof source, byproduct and special nuclear material received from other persons.
Illinois is requesting that the scope of the current Agreement be expanded to include the transfer to the State of Illinois of regulatory responsibilities ov,er extraction or concentration of source material from source material ore andbyproductmaterialasdefinedinSection11e.(2)oftheAtomicEnergyAct of 1954, as amended.
I certify that the State of Illinois has a program for the control of radiation hazards adequate to protect the public health and safety with respect to the materials within the State covered by this proposed amendment l
and that the State desires to assume regulatory responsibility for such materials.
In support of this proposal, I am submitting detailed information describing the State's radiation control program and radiation control regulations applicable to the radioactive materials included in this proposed amendment.
Sincerely,
}
O I
sR Thompson GOVERNOR am i.
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Terry Lash, PhaD., Director AUG 8 81999
)
Department of Nuclear Safety 1035 Ov?tr Park Drive Springfield, Illinois 62706 l
Dear Dr. Lash:
The staff of the Nuclear Regulatory Connission (NRC)by Govemor Thom has reviewed the request for the Amended Agressent package submitted i
on April 11,1989. This Amendment will transfer to the State of Illinois regulatory responsibilities over extractions or concentration of source J
material ore and byproduct material as defined in Section ll. eft) of the i
j' Atomic Energy Act of 1964, as amended. As a result of our rev ew, we r
believe the proposal has addressed most of the issues that we brought 1
to the attention of the your staff last December. However, portions of the proposal appear to require modifications prior to consumation of an i
amended agreement. The staff has identified these changes in the enclosed Part A.
We can discuss these, as necessary, with you or your staff at your convenience.
l Other coments are provided in Parts 8 C, and D.
Part 8 contains l
coments regarding IDNS proposed standards that appear more stringent than NRC standards.
Part C identifies standards within the proposed regulation which are not addressed in NRC's 10 CFR Part 40 regulations.
i Part D provides coments and recomendations on the proposed renulation that might clarify the regulations, thereby reducing the potent' al for misunderstanding. The coments in Parts 8, C, and D are provided for i
your consideration, but do not require any action.
I We look forward to completing all of the requirements necessary to conclude the Amended Agreement between the NRC and the State of Illinois.
l Sincerely, NWWsleef tr N.R.Destes i
l Hersid R. Denton, Director
- Office of Governmental and Public Affairs
Enclosures:
As stated Distribution:
5A RF
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841Kendig Illinois File Eleckjord TMurley DMackenzie
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STATE oF lLLIN018 DEPARTMENT OF NUCLEAR SAFETY l
1035 OUTER PARK DRIVE l
SPRINGFIELO 62704 (217) 785 9900
'l Itamy R. LASH D*' ""
January 10, 1990 Via Federal Exprffs i
Narold R. Denton, Director N
Office of Governmental & Public Affairs M
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U.S. Nuclear Regulatory Commission Washington, D.C.
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Dear Mr. Denton:
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On April 11, 1989, Governor Thompson-submitted to the U.S. Nuclear RegulatoryCommission(NRC AgreementbetweenIllinois)andNRC. Illinois' application for amendment of the $274b.
l In August, you sent me NRC staff's comments on the application.
In response to these comments, the Department of Nuclear Safety modified its proposed rules entitled, " Licensing Requirements
.i i
for Source Material Milling Facilities," 32 111. Adm. Code 332. A copy of i
these rules, which were adopted on January 4, 1989, is enclosed.
1 have also i
enclosed a revised Draft Amendment Number One to the Agreement between the State of Illinois and the U.S. Nuclear Regulatory Commission, which i
incorporates the language changes that NRC staff indicated were necessary, 4
5 Now that the State's rules have been adopted, we request the NRC to act i
swif tly on Governor Thompson's application.
If there is anything that my staff or 1 can do to assist you in processing the application, do not hesitate to call me.
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4 JAN t 519M Director TerryLash,Ph.D.itarSafety Departnent of Nuc 1035 Outer Park Drive Springfield, IL 62706
Dear Dr. Lash:
The staff of the Nuclear Regulatory Comission (NRC) has received your
)
January 10, 1990 letter submitting the revised Draft Amendnent Number One to the agreement between the State of Illinois and the NRC, and the final repulations entitled,'
- Licensing Requirements for Source Material Mil ing Facilities.' The NRC considers the April 11,198g package submitted by Governor Thompson now complete.
The staff is preparing an assessment of the proposed amenenent and will publish this assessment, the proposed amendment to the agreement, and the appropriate portions of the State's program description in j
the Federal Register for public comment. A press release concerning your proposal w n 1 be issued at that time. After the expiration of the 30-day coment period, the Comission will consider the amendment and any public coments we have received. We will promptly inform the
$ tate of Illinois of the decision.
We look forward to completing all of the requirements necessary to conclude the amended agreement between the NRC and the State of Illinois.
Sincerely, orthalSWfh i
E.R. Dentes 3
Harold.R. Denton, Director Office of Governmental and Public Affairs Distribution 5P RF
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DEPARTMENT OF NUCLEAR SAFETY 1035 OUTER PARK Darvt SPRIN0 FIELD 62704 n
(217) 785 9900 1tRRY R. LASH ce January 12, 1990 The Honorable Kenneth Carr i
Chairman
)
U.S. Nuclear Regulatory Comm1',ston Washington, DC 20555 t
Dear Chairman Carr,
On behalf of the Illinois Department of Nuclear Safety 10NS)and i
pursuant to 10 C.F.R. i 26.6, I hereby request that employee (s of 10NS who otherwise qualify for unescorted access to protected areas of nuclear l
power plants in Illinois be temporarily exempted by the U.S. Nuclear Regulatory Commission (NRC) from the requirements of 10 C.F.R. Chapter I, Part 26 (fitness-for-duty rule).
I further request that IDNS personnel-whose duties require unescorted access to nuclear power plants be allowed to meet the requirements of the NRC's fitness-for-duty rule by participating in a program other than the program of the licensee, in the same manner as NRC personnel are allowed.
i 10NS presently has eleven employees, six of whom are members of collective bargaining units, who are required to have unescorted access to protected areas in one or more nuclear power plants in Illinois. Most 4
of these employees are on-site to maintain IDNS's gaseous effluent monitoring systems and other equipment.
10NS also presently has one resident engineer on-site.
On January 3, 1990. 10NS implemented a fitness-for-duty program in conformance with the NRC's fitness-for-duty rule to prevent Commonwealth Jdison Company (Ceco) from terminating the unescorted access of 10NS's non-bargaining unit employees. Employees of IDNS who are members of bargaining units lost their unescorted access on January 3, 1990, because IONS could not implement a fitness-for-duty program for these employees without first negotiating in good-faith with representatives of the 8, gaining units.
IDMS did not receive the CECO program until December bar p
1989, and was thus unable to commence negotiations earlier.
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s' January 12,1990 Under the Illinois Public Labor Relations Act, IONS cannot impose a fitness-for-duty program on bargaining unit employees without having negotiated, through the Illinois Department of Central Mana ement r
Services (CMS), the disciplinary consequene.,s for these oyees for violations of the fitness-for-duty p~*ogram. According to
's negotiators, it may take several months to complete tasse negotiations.
If employees of IDMS who are members of bargaining units are not exempted i
from the fitness-for-duty rule, IDNS will have to provide management escorts for these employees to perform their on-site duties. This will be a serious hardship on IONS.
I therefore request that the NRC temporarily exempt these employees from the requirements of the fitness.
for-duty rule until negotiations with representatives of the bargaining units are completed.
Employees of IONS who have unescorted access have proven themselves 1
to be trustworthy, responsible, and of the highest professional I
caliber. There is no evidence to lead to the conclusion that temporarily i
exempting existing employees of IONS from the fitness-for-duty rule would endanger life or property or the common defense. Further. these individuals operate only IONS equipment that has no effect on plant operations, and they have no regulatory authority.
Althou licensees'gh we intend to have our personnel participate initially in the fitness-for-duty programs, I think it is important that the authority exists for our personnel, particularly those working on-site i
under the anticipated Resident Engineer and ASME Code Compliance memoranda-of-understandtt>g, be able to fulfill the requirements of the i
fitness-for-duty rule in a program that is completely indeper. dent from the licensees' programs.
The rationale for such an arrangement for the NRC's Resident Inspectors applies equally to State personnel working in cooperation with and under the oversight of the NRC's on-site personnel.
In sum, I am requesting the NRC to exempt temporarily existing IDNS personnel who otherwise qualify for unescorted access from the requirements of the fitness-for-duty rule.
I further request the NRC to authorire IDNS to comply with the fitness-for-duty rule through a program j
that does not require review, approval, or oversight by the licensee.
Your favorable consideration of ey requests will be greatly appreciated.
l l
Ver trU1y y o
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STATE OF ILUNOIS l
DEPARTMENT OF NUCLEAR SAFETY 1035 OUTER PARK DRIVE l
SPRIN0 FIELD, il 62704 (217) 785 9900 ItnRY R. LASH j
February 1, 1990 l
Dac*
l t
The Honorable Kenneth M. Carr i
Chairman U.$. Nuclear Regulatory CommissierL One White Flint North Building 11555 Rockville Pike t
Rockville, Maryland 20852
Dear Chairman Carr:
It was a pleasure to meet with you last week and discuss items of mutual interest.
You have made an excellent start as Chairman.
I as particularly pleased that you are encouraging a more open attitude at the agency.
I would i
like to follow up on two of the issues we discussed in $an Francisco: the NRC's proposed policy statement concerning Below Regulatory Concern (PRC), and my request for assistance in implementing the NRC's fitness for duty (FFD) rule.
4 3
Btt0W REGUtaTORY CONttRN fBRC)
During our conversation, I emphasized Illinoin' strong opposition to the NRC's proposed policy statement concerning SRC.
If adoated by the Commission, a BRC policy would be ineffective with respect to low 9evel radioactive waste in Illinois because landfill operators and local cosaunities would not allow even the lowest levals of radioacttve waste to be disposed of in their landfills.
Public concerns about landfills have made finding new sites exceedingly difficult, and the possibility of disposing LLW in thee may make this an l
impossibit task.
At the same time, a federal SRC policy would make our task of setting the federal requirement to be responsible for the disposal of wr own LLW even more i
difficult. Such chanting of the rules, i.e., recefining LLW in the middle of the game could serious y damage government's credibility per, haps to the extent that we could not satisfy federal law to establish new disposal facilities.
During our conversation you seemed to say that your major concern really is the establishment of remediation/ decontamination criteria.
If that's the case, then let's work on that issue together in a way that would not interfere with the ongoing state LLW programs, t
V 1
L l
- m. _ _._.~..___._.____._,,__._.__..__~.______i m
l The Honorable Kenneth M. Carr i
t February 1, 1990 Page 2 l
FITNtts.FOR.DUTYIFFD) b We also discussed the Department's reevest that six bargaining unit employees (technicians)betemporarilyexemptedfromtheFF0requirementsuntti negotiations with the Union are concluded. On January 3 1990, these employees lost their unescorted access privileges to nuclear power,lants. The Department p
is unable to implement a FF0 progree without first negotiating in good faith with representatives of the bargain' ng units regarding the tapact of the program.
These negotiations are continuing.
The six bargainin' unit personnel reevirin access are all. field 9 and other equipment located on partment's gaseous efkluent technicians who maintain the De nitoring systems site in the protected areat-Five Department employees who are not members of the bargaining units, includ< ng the Department's Resident Engineer at LaSalle County Station, are currently granted unescorted W access at Ceco plants and are partdine manra+.acarts for the field
". c l technicians.
This has created a difficult situalion for the Department.
,/ e,
(Eco has stated /inforsa11#pthat'it ul11 not be able to provide e i
l
" Technic [ly However, wi-Tve formly requesting CECO to provide escorts for our toutina ans when access for them is required to service our on site monitoring
+
equipment.
This arrangement will be requested to continue until such time as i
j we have successfully negotiated with our bargaining units, probably sometime in the next faw atatbj. perhaps you could encourage CECO to respond positively to our request for escorts.
+
i 4
j
! have also requested that the NRC authorite IDNS to comply with the FF0 rule through a program that does not require review approval, or oversight by the utility licensees. The rationale for such an arra,ngement for State personnel is the same as for the NRC's Resident Inspectors.
l Again, thank you for taking the time to meet with me in San Francisco last week. I hope that you will be ab o to visit our facility in Springfield and meet with key Departmental staff. If you have any questions, do not hesitate to call.
- 1ncerely, e
erry R. Lash Director TRL:cjs 1
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j July 15,1988 ee Certified Mail:
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900 E159 i
s assac JUL27198% g 4 Kr.141and Rouse F 1 Urantua Fuel Licensing Branch Division of Fuel Cycle.and Branch t-muss y
Material Safety, MMS $
um lLCUM DOC #fl #
U.5, Nuclear Regule. tory Commission g
N Vashington, D.C.
20555 s
N s
Subject:
License No. SUS 526 j
Docket No. 40 3392
Dear Mr. Rouse:
l Ve wish to request a license amendment, in accordance with License Condition No. 24 for onsite burial of uranium contaminated wooden pallets. We have evaluated the impact of this disposal using the computer program IMPACT.BRC, which is based on NUREC/CR 3585, and determined that i
the proposed amendaent meets existing SRC standards.
Approval of the proposed action will not result in any manber of the public receiving a j
radiation dose in excess of 1 aren/ year..
Six (6) sets of amended pages for the ' Conditions *, and ' Demonstration" Sections of our license are enclosed for your consideration. We have also enclosed an initial amendment fee of $1$0.00, Additional fee charges, if required, should be billed to us upon completion of the amendment review.
If you have any questions regarding this amendment, please contact J. E.1 Honey or R. V. Yates of my staff.
Sincerely,
(
e l
J.
. Bis cp Plant Manager JCS/sa l
Enclosures:
Six (6) Sete Amended Pages Check ($150.00) l 4
24552
papp
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June 16, 1989 Ce i
P.916 579 987 l
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Mr.141and Rouse
/
Uranius ruel Licensing Branch ' #
Division of fuel Cycle and
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JUN@l'89 h Material safety, NMSs U.S. Nuclear Regulatory Commiss
&&.tiv:uu ncuwoty -
Washington, D.C. 20$$5
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I
Dear Mr. Rouse:
kten en h
\\
/
Subject:
License No. SUB 526 Docket No. 40 3392 Ve wish to request a license amendment, in accordance with License Condition No. 24 and pursuant to 10CFR20.302(a), for on site burial of uranium contaminated wooden pallets.
We have engaged a consultant, who specializes in the IMPACTS BRC Code, to assist us in sodifying the i.
corrputer code for site specific data as requested in your letter of April 5, 1989.
i Using this site specific data, the maximum off. site individual dose i
l resulting from a two day burial per year is 7.0E*' ares /yr. effective dose i
equivalent (EDE).
The maximum hypothetical dose which could be produced
}
sometime in the future is from the agriculture intruder scenario, and is 4.3 mrem /yr. EDE.
Ve have discussed this matter with Mr. Steve Collins of the Illinois Department of Nuclear Safety and are providing 1.D.N.S. with a copy of the 1
amendment request.
Enclosed for your consideration are six (6) sets of revised pages for the
' Conditions *, and ' Demonstration
- Sections of our license.
If you have any questions or comments re&arding this amendment, please call J. E. Honey or R. W. Yates of my staff.
Sincerely, Ya
.'C. Bis T ~' [
Plant Manager
Enclosures:
Six (6) Sets of Revised Pages Mr. S C 1 1.D.N.S.
l 4$99%{p}
i 25640
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