ML20058K052
| ML20058K052 | |
| Person / Time | |
|---|---|
| Issue date: | 10/19/1990 |
| From: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| To: | Taylor J NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| References | |
| REF-10CFR9.7 NUDOCS 9012070056 | |
| Download: ML20058K052 (5) | |
Text
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NUCLEAR REGULATORY COMMISSIOg RELEASED TO THE POR
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. orrect or THE October 19, 1990
- e SECHETARY MEMORANDUM FOR:
James M. Taylor Executive Director for Operations Harold R.
Denton, Director Office of Governmental a Public Affairs FROM:
Samuel J.
Chilk, Secret UhAGREEMENTWITHTHE
SUBJECT:
SECY-90-327 - PROPOSED STATE OF ILLINOIS REGARpIgG STATE RESIDENT ENGINEERS The Commission (with all Commissioners agreeing) has approved signing of the proposed subagreement with the State of Illinois regarding State resident engineers by the Execetive Director for Operations, which is consistent with previous Commission policy.
-Additional' comments and changes noted on the attached pages should be included in the final subagreement.
In a similar matter, the State of Ohio has requested the NRC to enter into a generic or umbrella MOU (see Governor Celeste to Chairman Carr letter dated September 20, 1990).
The intent of
-the Commission policy statement on cooperation with the States is to consider State requests for specific activities, commonly referred to as subagreements, consistent with the policy guidance.
Therefore, the Commission does not see the need for.an umbrella MOU:and believes that the costs and the staff time necessary to negotiate such an agreement outweigh the potential _
benefits.
Attachments:
As stated-cc:
Chairman Carr Commissioner Rogers Commissioner Curtiss Commissioner Remick-OGC SECY NOTE:
THIS SRM, SECY-90-327 AND THE VOTE SHEET OF COMMISSIONER CURTISS WILL BE MADE AVAILABLE TO THE PUBLIC 10 DAYS AFTER THE DATE OF THIS SRM 90.12070056 001019 l9
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Response
he Subagreement requires a formal review, not less than six months after the effective date, to ts performed by the NRC to evaluate implementation of the Subagreement and resolve any problems identified.
In addition, periodic reviews are called for thereafter.
==
Conclusion:==
After careful consideration of the comments submitted, the Commission has determined to approve Subagreement No. 3 Pertaining to State Resident Engineers Between the U.S. Nuclear Regulatory Commission und the State of Illinois. Certain minor editorial changes to the text of the Subagreement have been made, including the change to section VI.C.13 discussed in the NRC response to comments.
FOR FURTHER INFORMATION CONTACT:
Frederick C. Combs, Assistant Director of State, Local and Indian Relations State Programs, Office of Governmental and Public Affairs, U.S. Nuclear Regulatory Commission, Washington DC 20555, telephone (301)492-0325.
. Dated at Rockville, MD this day of 1990.
FOR THE-NUCLEAR REGULATORY COMMISSION Harold R. Denton, Director Office of Governmental and Fublic Affairs ht D he provided A. nomber of conbls in 4ho Sub etsment so i
M h can be. conficknt in de 6+ste, %iden4 Inspc.4ec's abW y % geckm I"$t6*"5, is uvace of and ks accounted ke +be. inspcMen6 planned by k h, and c.ewuontextes wh 4e );e.e 5ee, on g fetiewup ac&ns and embre4ata+. It k inwded Ad Acce wW be, c.wnita,bn i
be.twten MRt and 6tn.it. 5+e.ff members on day ckj Achivities,
L
r 3.
NRC will inform the State of formal meetings with licensee management involving a site to which a State Resident Engineer is assigned and provide the State the opportunity to attend, with the exception of those meetings that NRC determinec should be closed as provided in Section VI.C.8 of this Agreement.
4 The State and NRC agree to consider each other's identified information needs and concerns when developing inspection plans.
i 5.
The State will conform to NRC practicos regarding information fO'*l NY disclosure, b in5tanco, M IW WO 'Nd6 by E
% pWly disdo4e. lospc,Fon findings pior % %e 06l45c, d O6 MRC, insgeL%n Moct.
6.
-To preclude the precature public release of sensitive information, the S'3te and NRC shall protect sensitive infor-mation to the extent permitted by the Federal Freedom of.
Information Act, the Illinois Freedom of Information Act and other applicable authority.
The State an'd NRC shall consult with each other before releasing sensitive or proprietary information related to this Subagreement.
. 7.
Press releases regarding State's activities or NRC inspections in which the State has been involved under this Agreement which are prepared by one party will be provided to the other party before issuance.
Press releases are to conform to information disclosure restraints of Sections VI.D.5 and VI.D.6.
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C.
Differences that cannot be resolved in accordance with Sections VIII.A and VIII.B will be reviewed and resolved by the Regional Administrator, Region III, NRC and the Director, Illinois Department of Nuclear Safety.
The decision of the Regional Administrator will be final.
D.
The NRC's General Counsel has the final authority to interpret the NRC's regulations, s
s' IX.
Effective Date-This Subagreement shall become effective upon signing by the Director, 1111nois Department of Nuclear Safety, and the.. ee.utta! Ad;;r,i;tr:t? ;2,htor- &
gn gt:n:
Pag len HT, NRC, and shall remain in effect permanently unless terminated by either party on 30 days written notice.
LX.
Duration, Termination, and Modification-A-formal review, not less than six months after the effective date, will be performed by the NRC to evaluate implementation of the Subagreement and resolve any problems identified. This Subagreement will be subject to periodic reviews and may be amended or modified upon written agreement s
by both parties, and may be terminated upon.30 days written notice by either party.
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e XI.
Separability If any provision (s) of this Subagreement, or the application of any 1
provision (s) to any person or circumstances is held invalid, the remainder of this Subagreement and the application of such provisions to other persons or circumstances shall not be affected.
FOR THE U. S. NUCLEAR REGULATORY COMMISSION, Date:
R:;i:= ! air'-i:!rit^ q Eyecube, Ticuh- % O erWons t
FOR THE STATE OF ILLIN0IS Date:
Director Illinois Department of Nuclear Safety
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