ML20134L369
| ML20134L369 | |
| Person / Time | |
|---|---|
| Issue date: | 11/19/1996 |
| From: | Shirley Ann Jackson, The Chairman NRC COMMISSION (OCM) |
| To: | Sweeney J NEW YORK, STATE OF |
| Shared Package | |
| ML20134L373 | List: |
| References | |
| NUDOCS 9702190078 | |
| Download: ML20134L369 (5) | |
Text
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i v#*4 UNITED STATES j
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NUCLEAR REGULATORY COMMISSION Distribution:
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November 19, 1996 HThompson JBlaha CHAIRMAN RBangart, SP RVirgilio, SP KCyr, 0GC GCaputo, 01 JLieberman, OE CPaperiello, NMSS HMiller, RI Mr. John E. Sweeney SEbneter, RII Commissioner of Labor BBeach, RIII State of New York JCallan, RIV Department. of Labor GT96567 State Office Building Campus GT96277 Building 12, Room 500 ED0 r/f Albany, New York 12240
Dear Commissioner Sweeney:
I am responding to your letter of July 18, 1996, regarding the Nuclear Regulatory Commission's (NRC's) conduct of investigations in New York State.
The NRC, as a Federal agency, has jurisdiction to cv, duct investigations of its licensees' activities in all States, including Hreement States.
Nevertheless, I believe that the information you provided highlights the need to consider additional NRC procedures in this area.
The NRC condacts investigations and inspections in order to determine whether NRC licensees are in compliance with NRC requirements.
In the case that I referenced in my June 3,1996 letter, the issue involved a potential violation of NRC requirements by an NRC licensee. Our Office of Investigations (01) was investigating alleged false statements made by an NRC licensee that the NRC-licensed material in question was located in Per'sylvania.
Based on information suggesting that the sources actua11., were located in New York, it was necessary, in 01's judgment, to ascertain the actual location of the sources in order to complete its investigation.
This is in contrast to the case raised in your letter of July 18, 1996, in which New York State had informed the NRC of numerous instances where an NRC licensee had entered New York State without filing the required notices or obtaining the required approval of your Radiological Health Unit. As we both agree, NRC has no jurisdiction in this case because it concerns compliance with New York State requirements rather than those of the NRC. However, because an NRC licensee's failure to comply with an Agreement State's g.
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requirements may be indicative of failure to comply with NRC regulations while g
conducting business in non-Agreement States, it is important that timely exchanges of information should occur between the NRC and Agreement States.
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- g The Commission appreciates your Radiological Health Unit's efforts to keep us informed in this matter.
hu-Oi As a result of this case, the NRC staff is developing guidance that can be yg used to improve communication about, and coordination of, respecthe NRC and ogg Agreement State inspection, investigation, and enforcement actions when NRC Sn.v licenseesviolateAgreement equirements and when Agreement State gemesa 1
R. Virgilio' sp3 h,,ary[0riginated By:
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d licensees violate NRC requirements. The staff also will be developing guidance that documents the current practice of informing the Asteement State of any issue having immediate public health and safety significance within the State. Matters not of an immediate public health and safety significance under the State's regulatory authority which are discovered in the course of any NRC investigation or inspection of an NRC licensee in an Agreement State will, however, continue to be treated on a case-by-case basis. Depending upon i
the individual case circumstances and the need to maintain confidentiality of an investigation, Agreement States will be notified as soon as practicable.
The NRC staff will coordinate the development of the proposed procedures with 4
the Agreement States.
4 NRC continues to be available to meet with you to discuss further the specific circumstances of the case to which your correspondence referred, including any enforcement action taken within NRC jurisdiction.
Please contact i
Richard L. Bangart, Director, Office of State Programs, si 301/415-3340, to arrange such a meeting or to discuss this letter.
i Sincerely, Shirley Ann Jackson I
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UNITED STATES
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CHAIRMAN John E. Sweeney Commissioner of Lab; r State of New York State Office Building Campus Building 12, Room 500 Albany, New York 12240
Dear Commissioner Sweeney:
1 I am responding to your letter of July 18,1996, regarding t e Nuclear Regulatory Commission's conduct of investigations in New York Stat. Unlike individual States who must seek cooperation of sister States under "long arm" tatutes when a State regulated person crosses state lines, the NRC, as a federal agen, has jurisdiction to conduct investigations of its licensees' activities in all States, ciuding Agreement States.
Nevertheless, I believe that the information you pro ded highlights the need to consider additional NRC procedures in this area.
NRC conducts investigations and inspections i order to determine NRC licensee compliance with NRC requirements. in this se, the NRC investigation in New York State referenced in my June 3,1996 letter, the i sue involved a potential violation of NRC requirements by an NRC licensee. The N C Office of Investigations (01) was investigating alleged false statements made by an N licensee that the NRC-licensed material was in Pennsylvania. Based on information ggesting that the sources were actually located elsewhere,i.e. New York, in Ol's ju gment it was necessary to pursue the investigation of the alleged false statements by a ertaining the actuallocation of the sources.
This is in contrast to the case aised in your letter of July 18,1996, where New York State had informed the NRC f numerous instances where an NRC licensee had entered New York State without fil' g the required notices, or obtaining the required approval of your Radiological Health / nit. As we both agree, NRC has no jurisdiction in this case because it concerns corppliance with New York State requirements rather than those of the NRC. However, a RC licensee's failure to comply with State requirements may be indicative of failure t comply with NRC regulations while conducting business in NRC jurisdiction. Licensye non-compliance with State or NRC requirements is not acceptable j
and responsibility or an appropriate exchange of such information should be borne by both j
NRC and Agree nt States when a licensee conducts activities in both jurisdictions.
Accordingly, I m directing the NRC staff to develop guidance that can be used to improve communicat' n and coordination of respec*ive NRC and Agreement State inspection, investigati and enforcement actions when NRC licensees violate Agreement State requirem ts and when Agreement State licensees violate NRC requirements. The staff will also e directed to develop guidance that documents the current practice of informing the Agreement State of any issue having immediate public health and safety significance
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John E. Sweeney 2
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r within the State. Matters not of an immediate public health and safety significan under the State's regulatory authority which are discovered in the course of any NRC investigation or inspection of an NRC licensee in an Agreement State will, ho
- ver, continue to be treated on a case-by-case basis. Depending upon the individ al case circumstances and the need to maintain confidentiality of an investigatior Agreement States will be notified as soon as practicable. The NRC staff will coord' ate the development of the proposed procedures with the Agreement States.
Finally, NRC continues to be available to meet with you to further iscuss the specific circumstances of the case your correspondence referred to, inc ding any enforcement action taken within NRC jurisdication. Please contact Richar
. Bangart, Director, Office of State Programs, at 301/415-3340, to arrange such a m ting or to discuss this letter.
Sincerely,
[
t Shirl Ann Jackson l
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John E. Swsiney,
within the State. Matters not of an immediate public health and safety significance under the State's regulatory authority which are discovered in the course of any NRC 4
investigation or inspection of an NRC licensee in an Agreement State will, however, i
continue to be treated on a case-by-case basis. Depending upon the individ Icase circumstances and the need to maintain confidentiality of an investigation, reement j
States will be notified as soon as practicable. The NRC staff will coordina the development of the proposed procedures with the Agreement States. /
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Finally, NRC continues to be available to meet with you to further cuss the specific circumstances of_ the case your correspondence referred to, inclu ng any enforcement action taken within NRC jurisdication. Please contact Richard. Bangart, Director, Office i
of State Programs, at 301/415-3340, to arrange such a mee ng or to discuss this letter.
l Sincerely, Shirley nn Jackson DISTRIBUTION:
OSP DIR RF (GT96567)
(Ref. GT96277)
EDO RF.
HMiller/RI J
JTaylor/EDO WKane/RI WHihl/RI BLetts/RI JMilhoan/DEDS GCaputo/OI HTh:mpson/ DEDO RFortuna/OI JBlaha/AO WHutchison/
KCyr/GC KDolce/RI SBums/OGC EWilson/
WOlmstead/OGC JLieber an/OE FXCameron/OGC SEbnefer/Ril HNewsome/OGC ABBeach/ Rill RBangart/OSP LjJ allan/RIV PLohaus/OSP rmC PDR: YES //
CPaperiello/NMSS SAO's (5)
OSP Staff (13)
RSLO's (5)
NYDOL File All A/S File
'See previous co urrence
'Concurrencs via e-mail /telecon DOCUMENT NAME G:\\ ROV \\SWEENEY5 is e.
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NAME RVirgilio:gd PHLohaus*
Olmstead GPCaputo CWHehl RLBarigart JLieberman DATE 09125/96*
09/25/96*
O/23/90 ".
10/17/96 "
10/24/96 "
10/3 '/96 10/21/96 "
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NAME / CAPaperiello HLTH(g(sison JMTJM Y ~
DATE' 10/30/96 "
IQ/ y96
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OSP FILE CODE: SP-AG-20-3
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