ML20058M934
| ML20058M934 | |
| Person / Time | |
|---|---|
| Issue date: | 10/01/1993 |
| From: | Taylor J NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | |
| References | |
| FRN-61FR30839 AF49-1-002, AF49-1-2, SECY-93-272, SECY-93-272-R, NUDOCS 9310070162 | |
| Download: ML20058M934 (3) | |
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October 1, 1993 POLICY ISSUE SECY-93-272 (Information)
LOR:
The Comissioners Q
FROM:
James M. Taylor Executive Director for Operations William C. Parler General Counsel
SUBJECT:
COMIS-93-013 - IMPROVEMENTS IN NRC'S AGREEMENT STATES PROGRAM PURPOSE:
To inform the Commission of the Staff's planned approach to respond to COMIS-93-013.
Staff is requested to prepare for Commission consideration recommendations to improve NRC's Agreement States Program to assure adequate protection of the public health and safety. The Comission further directed the Staff to provide a realistic schedule for accomplishing the recommended actions, taking into consideration the current initiatives in this area, such as the compatibility policy development, and the development of common performance indicators.
l DISCUSSION:
In order to achieve the comprehensive review of NRC's Agreement States Program that the Commission requested, the Staff intends to establish a Programatic Assessment Group (PAG) headed by the Director of the Office of State Programs (OSP).
The membership of the PAG will consist of a representative from the following offices:
the Office of General Counsel (0GC), the Office of Nuclear Regulatory Research (RES), and the Office of Nuclear Material Safety and Safeguards (NMSS).
To represent both the Regional viewpoint, as well as to provide the NRC's historical perspective vis-a-vis the Agreement States Program, an NRC employee with experience as a State Agreements Officer will be a member of the PAG.
In addition, the views of Agreement States will be solicited at appropriate stages in the PAG analysis and decision making
Contact:
L. Bangart, OSP NOTE:
TO BE MADE PUBLICLY AVAILABLE IN 10 WORKING DAYS FROM THE DATE OF THIS PAPER Maria Lopez-Otin, OSP 504-2598 ph yp p mm
i The Commissioners 2
process. Requesting an Agreement States representative to be a member of the PAG was also considered. However, given the requirements established by the February 10, 1993 Executive Order 12838, " Termination and Limitation of Federal Advisory Committees," this approach was rejected.
It was decided that, on balance, the time required to make the necessary findings under Executive Order 12838 to create a new committee under the Federal Advisory Committee Act, including approval by the Office of Management and Budget, would be better spent establishing the PAG and initiating the review.
Documenting the PAG scope of responsibility for the Office of the Executive Director (ED0) approval will be the first task for the PAG. None of the-members of the PAG or its support staff, consisting of OSP personnel, will be full ti,me. Other NRC offices, such as the Office of Enforcement, the Office of Investigations, and the Office for Analysis and Evaluation of Operational Data, will be requested to provide support to the PAG on specific issues.
If appropriate, the PAG will make use of technical assistance contractor support.
The schedule for completion of the actions directed by the Commission in COMIS-93-013 follows:
1.
Improvements in guidance and principles of operation.
(4/1/94)
It should be noted that with the issuance of COMIS-93-013, staff has instituted the practice of providing the Commission with the results of each Agreement State program evaluation for which a finding is withheld concerning adequacy or compatibility prior to issuing a letter to the State.
2.
Action levels for top management and Commission involvement.
(6/1/94)
In advance of the promulgation of the requested directives, staff is currently reviewing with the EDO any Section 274 matters that surface in the review of Agreement State programs. As a result of those reviews, the Commission will be informed of important issues that are of interest, require Commission decision, or that involve a significant change in staff practice.
3.
Reciprocity matters.
(9/1/94) 4.
Consider the merits of codification of State Agreement 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.
(10/1/94)
This item will address Agreement State practices.
The due date of 10/1/94 is to recommend to the Commission those practices that should be codified.
Rulemaking would follow that date.
5.
Reappraisal of the resources and staffing requirements for NRC to implement the proposed changes to be recommended to the Commission.
(4/1/95)
\\
The Commissioners 3
This scheduled completion date approximately coincides with the annual budget cycle for the year following next. Any resource and staffing requirements associated with recomendations completed before this date will be brought to the Comission's attention as part of the recommendations. OSP has recently initiated efforts to obtain 3.5 FTEs of technical assistance contractor support for each of FYs 94-96, which could be used in part for the PAG.
It should be noted that given the complexities of the issues to be addressed, the necessary interactions with the Agreement States, and the limited requisite staff resources, the dates provided in the above completion schedule may be difficult to meet. Management will make every effort to meet the schedule.
If issues arise, however, that will preclude meeting these dates, staff will provide the Commission with a status report and proposed revision to the schedule in a timely manner.
The Director, OSP, plans to solicit ideas and recomendations for the PAG from the staff of OSP. The PAG will benefit from the staff experience and this approach will promote ownership of eventual program changes that result from this review.
In addition to the need for the PAG to consider the compatibility policy development and common performance indicator initiatives, the PAG will consider commitments that were made by NRC in response to the GA0 report entitled, " NUCLEAR REGULATION:
BETTER CRITERIA AND DATA WOULD HELP ENSURE SAFETY OF NUCLEAR MATERIALS."
The PAG will be expected to identify and evaluate other Agreement State program policies and procedures that are candidates for needed revision, in addition to the specific areas noted in COMIS-93-013. A summary of the additional evaluations and resulting recommendations will be reported to the Commission for their consideration.
4 7) 91 Jame M. Taylor.
Ex tive Director for Operations n
DISTRIBUTION:
/ William C. Parler Commissioners General Counsel OGC OCAA OIG OPA OPP EDO SECY
.