ML20055F340
| ML20055F340 | |
| Person / Time | |
|---|---|
| Issue date: | 10/20/1988 |
| From: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| To: | Harold Denton, Stello V NRC OFFICE OF GOVERNMENTAL & PUBLIC AFFAIRS (GPA), NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| Shared Package | |
| ML20055F338 | List: |
| References | |
| FOIA-90-144, REF-10CFR9.7 NUDOCS 9007160300 | |
| Download: ML20055F340 (12) | |
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'*/g UNITED sTAits Cys:
Stello NUCLEAR RECULATORY COMMISSION Taylor i
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Davis, Rill JLic).us T., Rill 3 I
Murley, NRR arrws or sus SECRETARY October 20, 1988 1
MEMORANDUM TOR:
Harold Denton, Director Office of Governmental and Public Affairs Victor Stello, Jr.
Executive Director for Operations FROM:
a 1 J. Chilk, Secretary
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SUEGECT:
STAFF REQUIREMENTS - SECY-88-282, " PROPOSED SUBAGREEMENT WITH THE STATE OF ILLINOIS ON ASME CODE ACTIVITIES" This is to advise you that the Commission has not objected to the
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attached sabagreement, as modified by Commissioner Roberts, with the State of Illinois on ASME code activities.
Accordingly, you nuy proceed to enter into the subject agreement.
Attachment:
As State.d Copies:
Chairman 'Zech av Commissioner Roberts Commissioner Carr Commissioner Jiogers l
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a zous t 00 ND'T vu this km os i RECORD of approvels, concurrences, disposets, siearences, and simiter actions FROW:(Neme, org symW Agency / Post)
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Inf0fmatiOO in (h tecord was deleted in accordance wit t e feedom of Information Act, txemptjoa, _,y f01A.
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Both the State Agreenents and State liaison Programs art based upon a philosophy of assuring effective relationships with States through a prograr.
which emphasizes comunication, coordination, and cooperation.
This is not that NRC capects that the States and the NRC will a.ree on all issues, o sa
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ASME_ Code Regulations 1
On April 16, 1985, Terry Lash, Director, Illinois Department of Nuclear L
Safety (IDNS) sent a letter to Region ll) asking for cca.ents on 10NS' proposed rules pursuant to ASME Code enforcen.ent at lilinois' nuclear power facilities.
At an earlier r.eeting Region 111 learned that the IONS would become the State enforcement authority on ASME Code work at nuclear power plants.
j They were in the process of preparing State regulations.
1DNS' plans were to audit the quality of the ASME work and the perforv.ance of the Authorized Nuclear Inspectors (Anis) who will be licensed by IDNS. The purpose of their audits would be to determine that /,SHE work c. sets the codes prescribed in the FSAR and approved by the NRC. These audits would require inspections by IONS staff or 10NS contractors of ASME systems and L
components at both construction and operating facilities.
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A review of the IONS proposed regulations resulted in a letter from the NRC Executive Legal Director to Dr. Lash.
The letter defined the NRC/ State role in rcgulation of ASME Code boilers, pressure vessels, and piping systems.
The NPC also said that the itWS proposed rules scerr.ed to go beyond the State's authority in that they would allow the i
Department to regulate and control the operation of structures, systems and components of a nuclear power plant clearly within NRC's authority, 4
2.
HouseBill(HB)_2310 IDNS placed House Bill (HB) 2310 before the Illinois general assembly on April 7, 1989.
The Bill created the Illinois Nuclear facility Safety Act and arr. ended various Acts administered by IDNS to provide greater regulatory powers for use by the Departs.ent to reduce the possibility of nuclear accidents and to minimize the severity of such accidents at nuclear facilities.
The original legislation proposed to expand the role of IDNS in areas such as promulgation and enforcerrent of criteria for nuclear facility design, equipment, operation, inspection and maintenance, The Bill also addressed ASME Code pressure vessel inspection, the Pestdent Engineer program, spent fuel storage and transportation, chemical-processing of uranium, and research/ test reactors. The Illinois House of Pepresentatives passed HB 2310 on May 22,1989.
The legislation was reviewed by the Of fice of the General Counsel (OGC) on June 7,1989.
OGC recomwnded that the Chairman advise the Governor of Illinois that the Bill appears to preempt federal responsibilities in several areas, HB 2310 passec the Illinois Senate on June 23, 1989, The Bill had
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received five amendments, the most significant of which was /s.endment No. 5.
Amendment No. 5 in essence, deleted the entire Bill and replaced it with a similar, but much modified Bill.
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6lN AMGP ; The modified Bill did not contain those sectioni wh ch appeared preemptive of federal (NRC) regulat'ory authoriD
.md The Bill, as amended, was passed by toth Houses and signed by Governor Thompson.
4hisBillWa t discussed with NPC prior to its bei introduced in the
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Kerr-McGee In September 1989, Kerr-McGee excavated thorium-contaminated soil ma residence just outside the city limits of k'est Chicago, Illinoist 5
has held the position that the State does not have legal jurisdic
.3 over the offsite snaterial and has stated that opinion to the news media.
Since 1987, the NRC has inforced 10NS that-pursuant to the Agreerent between the Conruission and the State of lilinois, these materials are source snaterial and as such come under the State's authority,
]DNS M' refuses to assurre t-jurisdict1.
over the mater a unt the Court of Appeals rules on the rnatter Unless and until the Ccenission decision (CLI 88-06).is overturne, the offsite snaterial in question is characterited as source material, and under the' terrns of the Agre,ent, is the regulatory responsibility of the State of lilinois.,
pNS, through its news media, representations, indicated that no one was regulating this snaterial.
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37 STATE DISCUSSION WITH STAFF i
--PU SE OF THIS MEETING 4
kC NSISTENCY IN DEALING WITH IDh7 ht;$$-1 A (.,,..
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--QUESTION IS HOW WILL WE IMPLEMENT THE NRC POLICY STATEMENT.
--SOME KEY STATEMENTS IN POLICY STATEMENT!
-- STATE PARTICIPATION HAS POTENTI AL FOR PROVIDING SAFETY BENEFIT
-- NRC HAS EXCLUSIVE AUTHORITY TO REG EXCEPT FOR SOME CLEAN AIR ACT PROVISIONS
-- MUST BE PER FED STANDARDS & REGS.
-- STATE FINDINGS TO EE SENT TO NRC
-- NO UNDUE, IMPACT ON LICENSEE OR NRC
-- INDEPENDENT STATE INSPECTION COULD DIVERT LICENSEES TO AREAS NOT CONSISTENT WITH NRC SAFETY PRIORI /IES OR COULD GIVE PER CEPTION OF DUAL REGULATION.
-- NRC WILL CONSIDER STATE PARTICIPATION IF STATE IDENTIFIES AREAS TilEY WANT TO PARCIPITE IN.
-- STATE WILL PERFORM INSPECTIONS IN COOPERATION WITH & ON BEHALF OF NRC & UNDER OVERSIGHT OF AN NRC REPRESENTATIVE.
--EXCEPT FOR THE MOU ON ASME, NEW MOU'S WILL BE PER THE POLICY STATEMENT.
D W k crwa M,.Jf t,MxM TM g- % SinW-8 4 yh TATE PROGRAMS VIEW OF RIII REIATIVE TO STATE RE!ATIONS IN AREAS
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OF REACTOR INSPECTIONS.
--GIVE HISTORY OF OUR INVOLVEMENT
--GIVE STATP PROGRAMS gF,8G?Jg!g 5'
d DISCUSS NOW I WANT TO PROCEED
--BE PROAC/IVE
--PIAN INSPECTIONS; INSPECTION PIAN
--CONSISTENT WITH OUR HIP RVIEW & APPROVE STATE ACTIVITIES t
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HISTORY OF THE__10NS B0ll_ER AND PRESSURE VESSEL SAFETY Acnm7 j
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r Illinois Boiler Safety Act of 1951 gave Boiler and Pressure. ssel authority to Office of the State Fire Marshall.
I The Nuclear Preparedness Act (1984) requires IDNS to implement the Boiler and Pressure Vessel Safety Program at nuclear steam generating facilities as mandated by Subsection C of Section 71 of the Civil Administrative Code of Illinois.
IDNS promulgated regulations in 1985 to implement Boiler and Pressure Vessel Safety program at nuclear powe; plants.
NRC review of early draf t regulations raise preemption concerns (May,1985).
All State regulations must go tiirough a joint comittee on administrative sammannense resulting in a January 29th meeting with G. Cunningham, and other NRC y
representative 9
1 February 5,1986, letter to IDNS documenting results of meeting was unsatisfactory to IDNS because preemption issue was not closed out.
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l Merch 24, 1986, C. Reed, CECO responds to T. Lash, IDAS by questioning i
IDNS' authority and deferring a decision until a later date.,
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'Q Api il 4,1986, NRC representatives (RE$, IE, NRR, ELD, OGC, Sp, Rlli, RI) j meet in HQ to' review and discuss IDNS' proposed regulations.
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l April-22, 1986, Rill establishes NRC Technical Task force to review revised 10NS rules.
Included were representatives from Rill, NRR, ELD, IE, and RES.
Representatives of IDNS also attended this meeting.
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June 13, 1986, NRC representatives meet to review Tast force analysis of l '-
IDNS rules.
As a result, a June 24, 1986, letter was sent to T. Lash, t
IDNS stating that a preemption issue may still exist, the rules can be l
l interpreted differently than IONS interprets them, and the rules appear
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J to go beyond the states' role currently implemented under the ASME il-system.
NRC calls for a statement of considerations.
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T. Lash, IDNS, requests a meeting with V. Stello to resolve issues
' l regarding IDNS proposed rules.
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1 Lash neets with Stello on August 28, 1986.
Drof t M00 transmitted to IDNS for review. October 10, 1986 1DNS comments received on Draf t MOU - May 8,1987.
Final M00 submitted for Program Office comment - November 4,1987.
J December 1987 - Corn.ission moratorium on new NOU's.
Commission Paper recommending publication in the Federal Register -
July 7,1988.
November 22, 1988 - Published in Federal Register for comment.
Final Policy Statement on Cooperation with States - February 22, 1989.
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i H.B. 2310 T "coduced into the Illinois General Assembly on April 7,1989.
I J..., c several unsuccessful attempts to gain a copy of the legislation from IDNS, Region til obtained a copy on May 9,1989, from CECO.
1 May 22,1989, H.B. 2310 passes 1111nois House of Representatives.
On May 30, 1989, C. Kammerer transmits a copy of the Bill to the Connission.
On June 2,1989, NRC staff met with IDNS to obtain infonmation on the origin and purpose of the Bill.
On June 7, 1989, DGC recommends the Chairman write Governor Thompson voicing concerns with the Bill.-
On June 8, 1989, letter from Zech to Thompson sent.
On June 23,1989, H.B. 2310 passes the Senate af ter 5 anendments significantly modify the Bill.
The Bill as amended was passed by both houses and signed by Governor Thompson.
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implementation of LLW Inspection Mg
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Five years to iniplement.
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i Held a meeting with J. Cooper (November 13,1989) to discuss these issues and implementing procedures prior to-first inspection at Braidwood.
Asked to review and get back to us in two weeks. - Did not.
Numerous calls in December 1989 by R. Lickus and R. Greger.
None l
returned.
i Inspection reports for Braidwood and LaSalle sent to Rill - checklist still being used.
Inconsistent use.
Letter sent to J. Cooper - asked him to sign implementing procedure and I
return to Rill (December 29,1989).
No response to date.
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Fo11owing our inquiry, IDNS requests NRC to provide conments.
Noveinber 6,1989. Region 111 asks for review from OGC, NKSS. State Programs.
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