ML20057A701

Staff Requirements Memo Re Suggestions on Agreement States Program to Assure Adequate Protection of Public Health & Safety Be Reviewed & Prepared for Commission Consideration

ML20057A701
Person / Time
Issue date:	08/25/1993
From:	Chilk S NRC OFFICE OF THE SECRETARY (SECY)
To:	Parler W, Taylor J NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO), NRC OFFICE OF THE GENERAL COUNSEL (OGC)
References
FRN-61FR30839, REF-10CFR9.7 COMIS-93-013, COMIS-93-13, NUDOCS 9309150173
Download: ML20057A701 (4)

Text

...

o m ee, nea<.,,,o 7

r,m n

~

+

F-N- - -

7 7-3

\\

UNITED 5T ATES

.[(

[

4 2,,..

2 3

3 fW.

JUCLEAR REGULATORY COMMISSION b...

i g-m,i ussacTon c c. ::sss g

-, hl$

2.u i u s t

,.As

• sse*

CFriCE OF THE TECRETAHY MEMORANDUM TO:

James M.

Taylor Executive Director for Operations William C.

Parler General Counsel L

t I !Il FROM:

Samuel J.

Chilk., Secretarpt7 i

SUBJ ECT:

CCMIS-93-013 - IMPROVEMENTS IN NRC'S AGREEMENT STATES PROGRAM As a result of the House Government Operations Committee Hearing of August 2, 1993, the General Accounting Office report, and other ongoing reviews of NRC's Agreement States Program, the Commission requests that you review and prepare for the Commission's consideration recommendations to improve NRC's 1

Agreement States Program to assure adequate protection of the s

public health and safety.

In this process the Commission suggests that you solicit the opinions of those with historical backgrounds in the Agreement State program and of representatives of the Agreement States.

Taking into consideration the current initiatives in this area, such as the Compatibility Policy Development, and the development of common performance indicators, you should previde a realistic schedule for accomplishing the actions you recommend.

(EDO/OGC)

(SECY Suspense:

10/1/93)

The Commission requests focussing on the following areas for this review:

1.

Improvements in guidance and principles of operation:

Review of existing policy guidance from the Commission on the implementation of Section 274 contained in " Criteria for Guidance of States and NRC in Discontinuance of NRC Regulatory Authority and Assumption thereof by States Through Agreement", dated 1/23/81, amended 7/16/81 and 7/23/83, and " Review of Agreement State Radiation Control Programs", dated May 28, 1992, to determine whether to revise or supplement.

The review of performance indicators which is already under way, should be factored into this review.

I h (hsosP 93o915o173 930025 PDR STPRG ESGGEN PDR

s I

l s

- l Some areas for particular consideration are:

i i

Whether two separate policies, one for entering into an agreement and one f or evaluation of existing state programs, are needed.

j Evaluation of whether a formal transicion period should be established during which new Agreement state programs could be phased in gradually.

Reevaluation of the criteria and elements used for j

adequacy and compatibility reviews so that the less significant items are eliminated and the focus is on those things which must be complied with to provide reasonable assurance of adequate protection to the public health and safety.

I Identification of the information which the NRC needs j

from the Agreement States and establishment of a requirement for the reporting of such inf ormation.

In j

addition, why this information is needed and how it benefits health and safety.

Identification of the minimum administrative-type i

provisions the NRC will consider necessary in assessing the adequacy and compatibility of Agreement State j

programs.

This covers such things as:

hearing opportunities, rulemaking procedures, environmental 3

assessments, the separation of regulatory and promotional responsibilities, investigative l

capabilities, enforcement policies. criminal sanctions, and other similar provisions.

1 Evaluation of the present practice of placing Agreement State approved devices on the NRC registration list so that they can be used nationwide.

Review and make appropriate recommendations on the g

adequacy of the documentation and document control procedures currently being used by the NRC for the Agreement State program.

Until performance indicators are in place and provide beneficial regulatory insight, staff should (keeping in mind the importance of a short turnaround time) provide the l

Commission with the results of each Agreement State program i

evaluation for which a finding is withheld concerning i

adequacy or compatibility prior to issuing a letter to the state.

c-.-

~ ' " ' '

.. _ ~

i i

i r

L '

Propose a method to accelerate the crocess c: issuing letters to States wnicn notify State management Of the i

l

. status c: the State pregram following NRC's torral review.

{

Determine criteria for olacina (or removing) a State program in a status category which would serve to put State officials and the public on notice that their prcgram is failing to fully meet an acceptable norm for public health and safety protection er compatibility.

5 Evaluate and propose internal procedures / guidance on the NRC i

process to take over when a state agreement is suspended or terminated, in whole or in part, or is temporarily suspended.

).

2.

Action levels for top =anagement and Commission involveme"?

't Prepare directives on the Section 274 matters wn:ch must be brought to the Commission's attention and those wnich must be approved by the Commission, including apprcpr: ate action levels for adequacy or compatibility determinations concerning state programs and action levels f or te=porary a

suspensions.

Prepare guidance on when the NRC should consider getting l

involved in an Agreement State program in a technical I

assistance capacity.

s Prepare guidance on briefings for the Commission by the staff and appropriate Agreement State officials on Agreement States experiencing difficulties.

"I Reciprocity matters:

3.

Review the effectiveness (including resource requirements and benefits) of current procedures for reciprocity and the NRC/ Agreement State inspection program of the general 4

licensees under reciprocity.

~

Clarify and promulgate more definitive requirements on how we handle reciprocity matters for Agreement State licensee i

activities in areas of exclusive federal jurisdiction and i

improve the system for determination of jurisdict:On.

4.

Consider the merits of codification of state agreement

[

l practices in a new part of the NRC Rules and Regulations to include appropriate matters in the areas identified above and any other appropriate matters pertinent to the program.

5.

Reappraise the resources and staffing require =ents for NRC to implement the proposed changes to be recommended to the Commission.

I 1

2

~

J.

1 1

l L

i i

i t

i i

t, i-f i

i cc:

The Chairman Commissioner Rogers Connissioner Remick Commissioner de Planque t

OGC ocA e

.1 OIG a

l I

i e

i A

l i

~

e f

1 e

d S

d I

4 a

e 4

4 i

i E

h n

4 0

h i

i l

i a

I d

W 4

i

$1 2

I I

'l" i

w

+

i r

(

k

-