ML20127M806

Policy Statement on Regionalization. Documentation Re Final Rules Concerning Regional Matl Licensing for Federal Facilities Encl

ML20127M806
Person / Time
Issue date:	02/27/1984
From:	Chilk S NRC OFFICE OF THE SECRETARY (SECY)
To:
Shared Package
ML20127M518	List: ML20127M515 ML20127M547 ML20127M585 ML20127M608 ML20127M643 ML20127M696 ML20127M711 ML20127M737 ML20127M771 ML20127M806 ML20127M828 ML20127M839 ML20127M874 ML20127M890 ML20127M908 ML20127M931
References
RULE-PR-30-50FR72, RULE-PR-40-50FR72, RULE-PR-70-50FR72 AB81-2, NUDOCS 8505230360
Download: ML20127M806 (21)

Text

I . ..

l- <

{

f

~ F I

l POLICY STATEMENT Os REGIONALIZATION

- Introduction and Backgnound In the U.S. Nuclear Regulatory Commission Policy Statement on Regionalization

( published in the Federal _ Register on March 25,1983 (48 FR 12619], the ~ '

'- Commis'sion sought public coment on initiatives that wouTd enlarge the role - i

'of its regional offices in implementing national programs in the areas of selected licensing and support functions.that historically have been central-ized in NRC's headquarters organizations. The oral and written comments that

. were received during public meetings or'in response to the Federal Register notice have been considered. This revision of the March 25, 1983 Policy Stafeissnt on Regionalization contains the following major changes:

1. ~ Regionalization is essentially complete except for a pilot program of certain technical reviews of operating reactor license amendments.

I The Comission will review the pilot program at the end of 2 years .

and decide if such technical reviews should continue to *-be conducted in the regions.

2. Licensing authority and NRR project managers will not be transferred to ,d the regions except that limited licensing authority and the project-manager for Fort St. Vrain will remain in Region IV; t t

3. - Nonpower reactor.' licensing will not be decentralized; and s.. .

4. License fee management will not be decentralized.

For sevsral years, NRC has conducted various pilot' programs to decentralize '

regulatory activities on a limited basis. Examples of such programs include t selected materials licensing, reactor operator licensing, emergency planning, {

state liaison,.and some operating reactor licensing actions. These pilot programs appear to have been successful.

A 2 ~ year pilot program to decentralize selected materials licensing activi-ties was conducted in' Region III from March .1978 to March 1930. The overall experience of this pilot program has been good. It has provided better coordination between the materials licensir.g staff and the regional inspec-tors and has provided better services to applicants and licensees.

j Goals As a result of these pilot ~ programs and the recognition that NRC could improve

! .the quality of regulation, the Commission developed in October 1981, basic

! policy goals for enlarging the role of NRC regional offices in regulatory activities beyond the scope of the pilot prog' rams. The Com.ission's decision was intended to:

8505230360 850515 PDR PR 30 PDR

~

1 Improve its coordination of licensing, inspection and enforcement *

activities at each facility Bring NRC nearer to state and local governments and the public~by 1 formalizing the role of regional offices to represent NRC in their l regions ,

~

Strengthen incident response capability by delegating certain responsibilities and authorities to the regions s Upgrade the. position of the NRC Regional Director -

The goals associated with decentralizing'certain headquarters regulatory

~

I

. activities have been achieved.

4 Implementation -

To enlarge the role of regional offices, NRC first reorganized the Office of Inspection and Enforcement, transferred its five regional offices to direct control of the Executive Director for Operations (EDO), and upgraded the position of Regional Director to that of Regional Administrator. The posi-tion of Deputy Executive Director for Regio.nal Operations and Generic Requirements (DEDROGR) wa's created simultaneously. In addition to his function as Chairman of the Committee to Review Generic Requirements (CRGR) the DEDROGR provides support to the EDO in implementing the ED0's managerial j and supervisory responsibility for the regions.  ;

1 Early in 1982, headquarters and regional offices developed planning j assumptions and began to identify regulatory activities that could be i decentralized. The planning assumptions centered on whether natio.a1 '

regulatory programs could be more effective in serving the public and the regulated industry if some activities were implemented at the regional level. ,,

Pilot programs for both materials licensing and reactor operator licensing have been implemented in. some regions in recent years. Licensing activities for several categories of nuclear materials licenses were transferred from headquarters to Regions 7 and III in 1982 and to Regions II, IV and V in 1983. The authority to issue licenses to reactor operators was delegated to Regions II and III in 1982 and to Regions I, IV and V in 1983. Two-hundred

• sixty operating reactor technical reviews were transferred to the regions in 1982. In 1983, approximately 100 operating reactor technical reviews were .

transferred to the regions. In October 1982, NRC opened a Denver Field Office in Region IV that is responsible for uranium recovery ~ licensing. In December 1982, limited authority for certain licensing a,ctions for the Fort ,

St. Vrain reactor was delegated to Region IV.

The process that has been called regionalization is essentially complete.

Detailed. schedules documentino what was accomplished are included in

~

the Table.

1

% rr cc

'- h,

~

wr w

g.

During fiscal year 1984 (FY 84), the technical review of 2ED licensing -d actions for operating power reactors are planned to be done in the regions. gj A 2-year pilot program, limited to two operating puer plants in each of El three regions, will be implemented to test-the method cf selecting licensing  ?.a actions for technical review in the regions. The :echnical reviews transferred if i to the regions as part .of this pilot program will comprise a portion of the The regions El total number of technical reviews that will be done in the regions. 6 will' perform technical reviews and safety (evaluatiens for these licensin The Office of Nuclear Reactor Regulation NRR) will select which technical @C reviews are sent to the regions, will retain licensing authority, and will continue to issue all license amendments and Safety Evaluation Reports for theThe {

m reactors in the pilot program as well as reactors not in the pilot program.

~

[

following are benefit. that are expected to be derived from the pilot  %

, , program: N

< m

• - Regionalization of the technical reviews would enable closer b coordination between inspection and licensing activities and better [

communication with the licensees which, in turn, should produce qn, more effective licensing and inspection programs. e

@n

• Regionalization of the technical reviews would enhance safety where [E on site physical inspection is preferred er where first hand  ;.3 knowledge of p} ant operations is an advantage. 3 M

An audit program will be developed to measure the se: cess of the pilot program. 4 Quantitative criteria to be examined might include tire to complete reviews, $

number of review hours expended, inventory redu: tion per fiscal year, and m number of appeals. Qualitative criteria might in:lude uniformity of program i+-

application and results among the regions, enhanced in:ident response capa- $

bility, quality of work products and efficiency of intereffice corm:unications. 3 preferably quantitative criteria, but at least qualitative criteria, willThe be ,

g 4

developed to judge the effect of regional technical' reviews g i

Licensing for nonpower teist, research and training reactors will be retained d in NRR. ir rf i:

Manacement In [; -

l 1

NRC management controls have changed as decent-ali 4 the licensing pr.ograms is-assigned to the directers cf i:RC program offices. E4 This responsibility will not be transferred, but the authcrity to implement certain licgnsing activities has been delegated to :legional Administrators. R The headquarters program offices will remain res:ensible for their overall j programs, will continue to establishregional broad, activities unifcrmto  ;;olic assure consistent implementation of policy guidance anc tensistency the regional level appearinte f interpreting NRC requirements. If decisions a be inconsistent in the application of regulatcry re:;uirements, licensees may

, 4 .

appeal them through the program offices. These a: peal procedur'es have been developed and will be implemented following approval by the Comission.

.It is essential that the Comission maintain effective program oversight to ensure consi.stency among regions. As such, the regions are agents of the headquarters offices for implementing a variety of agency programs. For .

example, IE historically has established policy, defined the inspection and enforcement programs, and monitored their implementation in the regions.

Likewise, for licensing activities that have been transferred to the regions the program off. ices will retain responsibilityThe forComission policy fomulation, program through the EDO '

development, and control of implementation.

intends to ensure consistency in regional' operations through the following mechanisms: ,

. Periodic management meetings with the Comission

• Quarterly management meetings of the EDO, Office Directors, and Regional Administrators

• Frequent meetings of Regional Division Directors, Branch Chiefs and working level personnel with counterpart headquarters staff on a wide variety of. issues

• Weekly conference calls witt, the DEDROGR, Office Directors, and Regional Administrators

• Development .of_ Comission polby guidance I

• Development of procedures and it.olenentation'of instructions to the l.

regions -

~

• Development of operating plans for each region ,

In addition to establishing programs and policies and performing program oversight for the activities delegated to the regions, the NRC progran offices continue to perfonn regulatory functier.s which require a qualified technical staff in headquarters. The headquarters offices will continue to l perform high level waste repository systems licensing and for reactors all

• the safety, environmental and antitrust reviews of applications for Construction Permits (CP), Operating Licenses (OL), Standard Plants design approval and topical report approval. The NRC headquarters offices also -

improvements.

continue These to perform include the activities the resolution associated of Unresolved with safety Safety Issues (USIs) and other generic issues,' generic studies, the' performance of risk and reliability assessment,s', and the systematic assessments of reactor operating experience.

The development and approval of new regulatory requirements and modifi:stien of existing requirennnts resulting from 'the cafety improvement efforts or other efforts continue to be the responsibility of the headquarters offices.

Relative to licensing actions associated with cperating reactors, NRC head-quarters issues all license amendments and retains the project manager except for Fort St. Vrain, where project manager and limited authority to issue.

b

W . . . . . . . ._

', 5- -

5 g

c license amendments- have been transferred to Region IV. In addition, head- k!y quarters offices will be responsible for implementing certain generic g.

licensing actions (e.g., requirements associated with pressurized thermal shock and steam generator tube integrity) on all reactors to which they  ?

Q appiy.

b Edward B. Blackwood, Executive Coordinator FOR FURTHER INFORMAT. ION CONTACT: 1 for Regional Operations, Office of the Executive Director for Operations,  ?

U.S. Nut' lear Regulatory -Comission, Washing +.on, D.C. 20555 (301/492-4359).  :

or the Nuclear Regulatory Comission. [

r i

.+

e (Samuel J. Chilk -

Secretary of the Com.ission {;

Dated at Washington, DC this ,

f7# day of drIW# 1984. h:

r l

f ..

~'

i ,

t i

e i

s c; L .

E

(

U

o Id;ntical lttt.;rs s nt to:: Tha Honorablo Morris K. Udall, Chairman >

3

^r ~

Subcommitte2 on En:rgy and the- Envi_ronmint ,

/ -

• Committee ort Intartor and Insulai Atfairs

. United States House of Representatives Washingtorr, DC 20515 cc: The Honorable Manuel Lujan

~

- a nd - 7 The Honorable Edward J. Markey, Chairman Subcommittee on Energy Conservation and Power Committee on Energy and Commerce United States House of Representatives ~

Washington, DC 20515 cc: The Honorable Carlos Moorhead The Honorable Alan Simpson, Chairman-Subcommittee on Nuclear Regulation Cremittee on Environment and Public Works United States Senate Washington, DC 20510

Dear Mr. Chairman:

The Nuclear Regulatory Commission (NRC) has sent to the Office of the Federal Register for publication the enclosed revision to the Commission's rules in 10 CFR Parts 30, 40, and 70.

This revision extends the program for nuclear materials licensing by delegating additional licensing authority from the Office of Nuclear Material Safety and Safeguards to the five Regional Offices. This action expands a successful decentralization program by including certain Federal facilities. Decentralization will improve communication between the NRC and licensees. This, in turn .will enhance the efficacy of the Agency's regulatory program.

This rule will take ef fect on April 1,1985.

Si ncerely, _

John G. Davis, Director Office of Nuclear Material Safety and Safeguards

Enclosure:

As stated cc: The Honorable Gary Hart

~

i .~ - -

. s .

MEMORANDUM FOR: William J. Dircks Executive Director for Operations FROM: John G. Davis, Director Office of Nuclear Material Safetr and Safeguards

SUBJECT:

FEDERAL REGISTER NOTICE AND DELEGATION OF AUTHORITY FOR CERTAIN FEDERAL FACILITY NUCLEAR MATERIALS LICENSEES 4

Enclosed for your signature are the final rule amendment (to be published in the Federal Register) and the Delegation of Authority pertaining to those licensing actions scheduled for decentralization on April 1,1985.

Also included are the Daily Staff Notes and the Delegation of Authority for EDO Publication Approval .

' John G. Davis, Director Office of Nuclear Material Safety

'ard .Sa fegua rd s ,

Enclosures:

As stated cc: Rules and Records DEDROGR Chief Counsel, Regional Operations and Enforcement Division, ELO Division Directors, NMSS

(7590-01)

NUCLEAR REGULATORY COMMISSION 10 CFR Parts 30, 40 and 70 Regional Nuclear ~ Materials Licensing for Certain Federal Facilities AGENCY: ' Nuclear Regulatory Commission.

ACTION: Final rule.

SUMMARY

The NRC is amending its regulations concerning the domestic licensing of source, byproduct, and special nuclear material (collectively referred ~to as nuclear materials) to provide for further decentralization of the NRC licensing process. This amendment implements another phase of the planned decentralization process by extending the program to include licensees at certain. Federal facilities.

EFFECTIVE DATE: April 1,1985.

FOR FURTHER INFORMATION CONTACT: Donald R. Chapell , Deputy Di rector, Division of Fuel Cycle and Material Safety, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555, Telephone: (301) 427-4152.

_ . _ - -. ~. -.

SUPPLEMENTARY INFORMATION: On May 27,1982 (47 FR 23138), April 14,1983 (48 FR 16030) (effective April 1,1983), and May 9, 1984 (49 FR 19630) the Nuclear Regulatory Comission (NRC) published rules decentralizing most domestic .

licensing of nuclear materials. The NRC is amending its regulations to include certain Federal licensees in its decentralization program. Revisions to 10 CFR 5530.6, 40.5, and 70.5 require certain Federal facilities with licenses issued pursuant to 10 CFR Parts 30 through 35, 40, and 70 to contact the appropriate Regional office, rather than NRC Headquarters offices, for license applications, renewals, and revisions. This action now incorporates into the Regional materials licensing programs these Federal facility licensees.

The only Federal licensees not affected by this action are the United States Air Force and United States Navy. Their submittals under Parts 30 through 35, 40, and 70 will be sent to the Office of Nuclear Material Safety and Safeguards (NMSS).

These licensees have not been included because they are currently in the process of submitting proposals for " broad" materials licenses with the NRC, which would, if approved, consolidate over one hundred individual licenses into one license each.

This action also adds another item to the list of exceptions to the authority delegated to the Regions under the decentralization program. This exception, included a s pa ragraph (b)(1)(v) in $ 530.6, 40.5, a nd 70.5, codi fies current . -

practice requiring NMSS to review new uses or techniques for use of nuclear mate rial . ,

These amendments apply to NRC licensees and applicants in non-Agreement States, Guam, Puerto Rico, the Virgin Islands, and the District of Columbia, and to NRC Federal licensees and applicants wherever they are located within

- _ . ~ . . . _ . _ _ - . _

~

the NRC's jurisdiction except for the United States Air Force and Navy.

Delegations of authority to the Regional Administrators are contained in NRC Manual Chapter 0128. The changes to 1530.6, 40.5, and 70.5 a re nonsubstantive amendments. The revised sections indicate the type of licensing authority delegated to Regional Administrators.

Since these are minor, procedural amendments relating to agency organization and management, notice, opportunity for comment and a delay of effective date are not required by the Administrative Procedure Act under 5 U.S.C. 553.

ENVIRONMENTAL IMPACT - CATEGORICAL EXCLUSION The NRC has determined that this final rule is the type of action described in categorical exclusion 10 CFR 51.22(c)(3)(1). Accordingly, pursuant to 10 CFR 51.22(b), neither an environmental impact statement nor an environmental assessment has been prepared for this final rule.

PAPERWORK REDUCTION ACT STATEMENT This final rule does not contain a r.ew or amended information collection requirement subject to the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.). Existing requirements were approved by the Office of Management and Budget approval numbers 3150-0017 for Pa rt 30, 3150-0016 for Pa rt 31, 3150-0001 for Pa rt 32, 3150-0015 for Pa rt 33, 3150-0007 for Pa rt 34, 3150-0010 for Pa rt 35, 3150-0020 for Pa rt 40, a nd 3150-0009 for Pa rt 70.

LIST OF SUBJECTS IN 10 CFR PARTS 30, 40, AND 70 Part 30 - Byproduct material, Government contracts, Intergovernmental relations, Isotopes, Nuclear materials, Penalty, Radiation protection, Reporting and recordkeeping requirements.

- 4. _

Part 40 - Government contracts, Hazardous materials-transportation, Nuclear materials, Penalty, Reporting and recordkeeping requirements, Source material, and Uranium , .

Part 70 - Hazardous materials-transportation, Nuclear materials, Packaging and containers, Penalty, Radiation protection, Reporting and recordkeeping requirements, Scie'n tific equipment, Security measures, Special nuclear material .

Under the Atomic Energy Act of 1954, as amended, the Energy Reorganization Act of 1974, as amended, and 5 U.S.C. 552, the following amendments to 10 CFR Parts 30, 40, and 70 are published as a document subject to codification.

The authority citation for this document is: ,

Authority: Sec.161b . , i . , o. , a nd p. , Pub . L.83-703, 68 Stat. 948, 949, 950, as amended (42 U.S.C. 2201(b), (1), (o), and (p)); Sec. 201, Pub. L.93-438, 88 Stat.1242, as amended (42 U.S.C. 5841).

PART 30 - RULES OF GENERAL APPLICABILITY TO DOMESTIC LICENSING OF BYPRODUCT-MATERIAL

1. In 130.6, paragraphs (b)(2)(1), (ii), (iii), (iv), and (v) are amended by changing the phrase, "With the exception of Federal facilities, the regional licensing program involves" to read "With the exception of the United States Air Force and Navy, the regional licensing program involves all Federal facili-ties in the region and non-Federal licensees in...." Also, the introductory text of paragraph (b) and paragraph (b)(1) are revised to read as follows:

530.6 ,Communi cations.

TI ..

(b) The Commission has delegat'ed to the five Regional Administrators licensing authority for selected parts of its decentralized licensing program for nuclear materials as described in paragraph (b)(1) of this section. Any communication, report, or application covered under this licensing program must be submitted as specified in paragraph (b)(2) of this section..

(1) The delegated licensing program includes . authority to issue, renew, amend, cancel, modify, suspend, or revoke licenses for nuclear materials issued pursuant to 10 CFR parts 30 through 35, 40, and 70 to all persons except the United States Air Force and Navy for academic, medical, and industrial uses, with the following exceptions:

. (1) Activities in the fuel cycle and special nuclear material in quantities sufficient to constitute a critical mass in any room or area. This exception does not apply to license modifications relating to temination of special nuclear material licenses that authorize possession of larger quantities when the case is referred for action from NRC's Headquarters to the Regional Administrators.

(ii) Health and safety design review of sealed sources and devices, and approval, for licensing purposes, of sealed sources and devices.

(iii) Processing of source material for extraction of metallic compounds (including Zirconium, Hafnium, Tantalum, Titanium, Niobium, etc.).

I. * .

6 (iv) Distribution of products containing radioactive material to persons exempt pursuant to 10 CFR 32.11 through 32.26. .

(v) New uses or techniques for use of byproduct, source, or special nuclear material.

PART 40 - DOMESTIC LICENSING OF SOURCE MATERIAL

2. In 540.5, paragraphs (b)(2)(1), (ii), (iii), (iv), and (v) are amended by changing the phrase, "With the exception of Federal facilities, the regional licensing program involves" to read "With the exception of the United States Air Force and Navy, the regional licensing program involves all Federal facili-ties in the region and non-Federal licensees in...." Also, the introductory text

• of paragraph (b) and paragraph (b)(1) are revised to read as follows:

~

5 40.5 Communications. .

(b) The Commission has delegated to the five Regional Administrators licensing authority for selected parts of its decentralized licensing program for nuclear materials as described in paragraph (b)(1) of this section. Any communication, report, .

or application covered under this licensing program must be submitted as specified in paragraph (b)(2) of this section.

u

~

_7_

~

(1) The delegated licensing program includes authority to issue, renew, amend, cancel, modify, suspend, or revoke

. licenses for nuclear materials issued pursuant to 10 CFR Parts 30 through 35, 40, and 70 to all persons except the United States Air Force and Navy for academic, medical, and industrial uses, with the following exceptions:

(1) Activities in the fuel cycle and special nuclear material in quantities sufficient to constitute a critical mass in any room or area. This exception does not apply to license modifications relating to tennination of special nuclear material licenses that authorize possession of larger quantities when the case is referred for action from NRC's Headquarters to the Regional Administrators.

(ii) Health and safety design review of sealed sources d

and devices, and approval, for licensing purposes, of sealed sources and devices.

(iii) Processing of source material for extraction of metallic compounds (including Zirconium, Hafnium, Tantalum, Titanium, Niobium, etc.).

(iv) Distribution of products containing radioactive material to persons exempt pursuant to 10 CFR 32.11 through 32.26.

(v) New uses or techniques for use of byproduct, source, or special nuclear mater'ial . .

PART DOMESTIC LICENSING 0F SPECIAL NUCLEAR MATERIAL

3. In 570.5, paragraphs (b)(2)(i), (ii), (iii), (iv), and (v) are amended by changing the phrase, "With the exception of Federal facilities, the regional licensing program involves" to read "With the exception of the United States Air Force and Navy, the regional licensing program involves all Federal facili-ties in the region and non-Federal licensees in...." Also, the introductory text of paragraph (b) and paragraph (b)(1) are revised to read as follows:

5 70.5 Communications.

(b) The Commission has delegated to the five Regional Administrators licensing authority for selected parts of its regional licensing program for nuclear materials as described in paragraph (b)(1) of this section. Any communication, report, or application covered under this licensing profram must be submitted as specified in paragraph (b)(2) of this section. -

(1) The delegated licensing program includes authority to issue, renew, amend, cancel, modify, suspend, or revoke licenses for nuclear materials issued pursuant to 10 CFR Parts 30 through 35, 40 and 70 to all persons except the United States Air Force and Navy for academic, medical, and industrial uses, .

with the following exceptions:

j

- , , , _ _. _ . . . _ , . . _ , _ _ -_ _____~m_. . .-_ , - --_

~

-g- -

' ' (1) Activities 'in thi fuel cycle and spec al nuclear material in quantities sufficient to constitute a

- critical mass in any room or area. This exception does not apply to license modifications relating to termination of special nuclear material licenses that authorize possession of larger quantities when the case is referred for action from NRC's Headquarters to the Regional Administrators.

(ii) Health and safety design review of sealed sources and devices, and approval, for licensing purposes, of sealed sources and devices.

(iii) Processing of source material for extraction of metallic canpounds.(including Zirconium, Hafnium, Tantalum, Titanium, Niobium, etc.).

(iv)- Distribution of products containing radioactive material to persons exempt pursuant to 10 CFR 32.11 through 32.26.

(v) New uses or techniques for use of byproduct, source or special nuclear material.

Dated at Bethesda, MD, this day of , 1985.

FOR THE NUCLEAR REGULATORY COMMISSION.

William J. Dircks Executive Director for Operations

%N.

. - - - ,,v.MW M N MfT[

. DISTRIBUTION:

FC Central File JDe1 Medico, OC' NMSS r/f BPineles, ELD FC File JPhilips, R&R GDeegan EHeumann 0

• MEMORANDUM FOR: Regional Administrators V r RECunningham FROM: William J. Dircks J

Executive Director for Operations D u ardt John G. Davis, Director WJDircks Office of Nuclear Material Safety and Safeguards

SUBJECT:

DELEGATION AND ASSIGNMENT TO ALL REGIONS OF CERTAIN MATERIALS LICENSING ACTIONS

1. Pursuant to NRC Manual Chapter 012R, " Organization and Functions -

Regional Offices," the Regional Administrators of all Regions are hereby assigned and authorized (hereafter referred to as authorized) to perform certain licensing actions as described herein. effective April 1,1985. This authorization supersedes the ones issued to Regions I and III effective May 27, 1982 and to all Regions on April 1, 1983 (published April 14, 1983) and April 7,1984

2. Under the Atomic Energy Act of 1954, as amended, and the Energy Reorganization Act of 1974, as amended, the Office of Nuclear Material Safety and Safeguards (NMSS) is responsible for the principal licensing, regulation, and safeguarding of facilities and materials specified in the Atomic Energy Act of 1954 associated with the processing, transport, and handling of source, byproduct, and special nuclear materials (here-after referred to as nuclear materials). Consequer,tly, NFSS will remain '

responsible for determining overall licensing and regulatory policy for actions which the Regions have been authorized to perform pursuant to this memorandum. To enable NMSS to execute this responsibility properly, HMSS will maintain oversight of these licensing actiors. This oversight shall include, but not be limited to, ongoing review of documentation, periodic assessments of activities being conducted by the Regions, and ongoing coordination and consultation between NMS$ and the Regions regarding authorized licensing actions. The NMSS Director retains the authority to take actions detemined necessary in all matters hereby authorized to be performed by the regions.

3. All Regional Administrators are authorized to issue, renew, amend, ,

cancel, modify, suspend, or revoke. under the provisions set out by this delegation, licenses for nuclear materials issued pursuant to 10 CFR Parts 30 through 35, a0, and 70 to all Federal facilities throughout the linited States under NRC jurisdiction except the United States Air Force and Navy and to all persons in non Agreement States, Guam, Puerto Pico, the Virgin Islands and the District of Columbia for academic, medical, and industrial uses, with the following exceptions:

~K g g Regional Administrators. -

~

A. Activities in the fuel cycle and special nuclear material in quantities sufficient to constitute a critical mass in any room or area. This exception does not apply to license modifications relating to tennination of special nuclear,naterial licenser that authorize possession of larger quantities when the case is referred for action from the Nuclear Regulatory Commission's Headquarters to the Regional Administrators. -

E. Health and safety design review of sealed sources and devices, and approval, for licensing purposes, of sealed sources and devices.

C. Processing of source material for extraction of metallic .

compounds (including Zirconium, Hafnium, Tantalum, Titanium, Niobium,etc.).

D. Distribution of products containing radioactive material to persons exempt pursuant to 10 CFR Parts 32.11 through 32.26.

E. New uses or techniques for use of byproduct, source, or special nuclear material .

4 All Regional Administrators are authorized to issue, with the concurrence of the NMSS Director, notices of the denial or the pro-posed denial of applications for materials licenses and amendments -

or renewals thereof, pursuant to 10 CFR Part 2, within the parameters delineated in paragraph 3 above.-

5. Actions initiated by Regional Administrators to suspend, modify, or revoke licenses must have the concurrence of the HMSS Director.

6. All Regional Administrators are authorized to respond to all Freedcm of Infomation Act inquiries as well as inquiries from Congress, the media and others about licensing actions the Regions have the authority to perfom.

7. Actions pertaining to the disposal of nuclear material by burial must have the concurrence of the HMSS Director.

8. All matters which arise that reasonably could be expected to have policy implications relating to delegated licensing actions shall be referred to the fMSS Director for resolution. If a licensing

• and/or regulation matter arises which has not been specifically authorized pursuant to this memorandum, it remains the responsi-bility of NHS$ until a specific authorization is made to the Regions.

9. Disagreements which arise between NHSS and Degional sta ffs on whether or not an issue constitutes an item which remains the responsibility DAtt f . ... .... . . .. . .. . .... .. . ..... .. . ... . ... . ....... .................e ..... . . .. ....

~

l F I M '

Regional Administrators  :.

of NMSS, or on the- way in which a delegated item (s) has been handled will be referred to the NMSS Director who will consult with the Regional Administrator prior to issuing a final resolution.

10 Disagreements between potential or existing licensees relative to ,

~

decisions made by the Regional Administrators pertaining to license actions should~be made known immediately to the NMSS Director. If

_r resolution cannot be achieved at the Regional level, the applicant /

licensee.shall be informed in writing by the Regional Administrator,

~

with a copy to the NMSS Director, that it may seek resolution of the matter with the NMSS Director. .

11. Delegated licensing actions are to be perfomed in accordance with policy guidance and standard review plans issued by the NMSS Director.

12. NMSS will provide a copy of this delegation, related revisions, and other related documents to the Deputy Executive Director for Regional Operations and Generic Requirements and the Director and Chief Counsel, Regional Operations Enforcement Division, Office of the Executive Legal Director. All documents submitted under this paragraph will be marked with Delegation and Assignment number

[7590-01].

William J. Dircks Executive Director for Operations John G. Davis, Director Office of Nuclear Material Safety and Safeguards r - - sy. _ p& ',,,

M+E'L D OCA O R SE"Mit Jos M so Jpg]},pb5

~ . . . . . . . sg .t .. .. . . .m . . . . . . . . . . . . s. . . . . . . . . . . . . . . . m . . . . . . . .. .. .. ms s. . . . . . ... . .. .E . .D.0. . . . . .

. . b. r,C. ............

GDe.egan/.cj. 7VN lle.d.........

.DR$I53el.1...gE o.gham. .DMausssbar.dt.. J.GDa.vis... ...... .W.JDircks.....

""> . . t.. 48 5....... . a /... 48 5.......

. . . .U/.f/.85 . . . . . . al. :.l.a s. . . . . . . . . v/t/ as. . . . . . . a LdLe s. . . . . ....a

. . 3/. 2 ss.....

.  ?

~

DELEGATION OF A0THORITY FOR EDO PUBLICATION APPROVAL Approved for Publication In a final rule published March 19,1983 (47 FR 11816), the Commission

.g

. delegated to the EDO (10 CFR 1.40(c) and (d)) the authority to develop and I' promulgate rules as defined in the APA (5 U.S.C. 551(A)) subject to the limitations in NRC Manual Chapter 0.103, Organization and Functions, Office of the Executive Director for Operations, paragraphs 0213, 038, and 0310.

The enclosed final rule entitled, " Regional Nuclear Materials Licensing for LCertain Federal Facilities," amends 10 CFR Parts 30, 40, and 70 to include certain Federal facility licensees in the decentralized materials licensing program.

This final rule does not constitute a significant question of policy, nor.

does it amend regulations contained in,10 CFR Parts- 0, 2, 7, 8, 9 Subpa rt C, or 110. I, therefore, find that this final rule is within the scope of my rulemaking authority and am proceeding to issue it.

2

Date William J. DircKs

- Executive Director for Operations 4

.l

. _ . - ,. - - - - - - . .- - - . - . , . _ - - - ~ . - . - , . . . - . . . , - . _ . . . - - - - - - . . - - . , , _ _ - - - - _ . . . ..

. \

DAILY STAFF NOTES DIVISION OF FUEL CYCLE AND MATERIAL SAFETY OFFICE OF NUCLEAR MATERIAL SAFETY AND SAFEGUARDS

' Final Rule to be Signed by EDO On ,1985, the Executive Director for Operations approved a final rule which revised 10 CFR Parts 30, 40, and 70.' This revision informs the public of an action that broadens the scope of the nuclear materials licensing program in all Regions to include licensees at all Federal facilities, other than the United States Air Force and Navy. This action implements another phase of a process planned several years ago to decentralize most of the nuclear materials licensing program.

This constitutes notice to the Commission that, in accordance with the

. rulemaking authority delegated to theIEDO, the EDO has received the final rule and proposes to forward it on ,1985 to the Office of the Secretary for FR publication, unless otherwise directed by the Commission.

i l

t .

I e- -

3