ML20135F842
| ML20135F842 | |
| Person / Time | |
|---|---|
| Issue date: | 02/21/1997 |
| From: | Mcgaffigan E NRC COMMISSION (OCM) |
| To: | Hoyle J NRC OFFICE OF THE SECRETARY (SECY) |
| Shared Package | |
| ML20135F830 | List: |
| References | |
| SECY-97-032-C, SECY-97-32-C, NUDOCS 9703140164 | |
| Download: ML20135F842 (5) | |
Text
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NOTATION VOTE
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RESPONSE SHEET '
4 TO: John C. Hoyle, Secretary FROM: COMMISSIONER MCGAFFIGAN
SUBJECT:
SECY-97-032 - AGREEMENT BETWEEN THE COMMONWEALTH OF MASSACHUSETTS AND THE COMMISSION PURSUANT TO SECTION 274 OF THE i ATOMIC ENERGY ACT OF 1954, AS AMENDED
! l Approved % Disapproved Abstain i i
I Not Participating Request Discussion COMMENTS: h.
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L ,/uy- h' SIG TDREU Release Vote /K/ '
DATE Withhold Vote / /
Entered on "AS" Yes K No 9703140164 970303 PDR COMMS NRCC CORRESPONDENCE PDR
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D The Honorable William F. Weld Govemor of Massachusetts y j [b%[
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Boston, Massachusetts 02133
Dear Govemor Weld:
J l 7 ec o pt l am pleased to inform you that the U. S. Nuclear Regulatory Comrr on has approved your
. proposed Agreement under which the NRC will discontinue and the Commonwealth of Massachusetts will assume regulatory authority over the acquisition,kpossession, use, transfer, and disposal of byPmduct material as defined in section 11e.(1) of the Atomic Energy Act of 1954, as amended, source material, special nuclear material in quantities not 1
sufficient to form a entical mass, and licensing of low-level radioactive waste facilities. !
I am pleased to enclose three (3) copies of the Agreement for your signature. Following your i execution of the Agreement, please retum two copies to NRC. The third copy is for retention l 3
by the Commonwealth.
I We are pleased with your continued interest in participating in the Agreement State Program j j and look forward to the continued excellent relationship we have enjoyed in the past. l
- i Sincerely, i
Shiriey Ann Jackson {
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Enclosures:
As stated )
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. 1 (Similar letters to: Senate and House subcommittee chairmen and ranking minority 1 members, and each member of the Massachusetts delegation}
The Honorable
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Subcommittee on
- Committee on
- United States Senate Washington, D. C. 20510
Dear Mr. Chairman:
-We are pleased to inform the Subcommittee that, pursuant to Section 274 of the Atomic Energy Act of 1954, as amended (Act), entitled " Cooperation With States," the Commission l on approved an Agreement with the Commonwealth of Massachusetts under which '
l the Commonwealth will assume certain regulatory authority over byproduct materials as defined in Section 11e-(1) of the Act, source materials and special nuclear materials in quantities not sunicient to form a critical mass. The Commonwealth will also assume regulatory authority over the land disposal of wastes containing source, byproduct and special nuclear materials by persons other than the licensees which generated the waste. l The Commonwealth will not assume regulatory authority over byproduct materials as defined by Section 11e.(2) of the Act, for uranium and thorium milling activities.
In his March 28,1996 proposal requesting that the Commission enter into an Agreement, Govemor William F. Weld cerbfied that the Commonwealth has a program for the control of the radiation hazards associated with the materials covered by the proposed Agreement which is adequate to protect public health and safety. Govemor Weld further certified that the Commonwealth desires to assume the regulatory responsibility for such materials.
The proposed Agreement, along with a summary of the NRC staff assessment of the proposed Massachusetts program was published in the Federal Realster for public comment as required by Section 274e of the Act. Copies of the proposal and supporting documentation were made available for inspection at the Commission's Public Document Room.
The Commission has determined that the proposed Massachusetts program is compatible with the Commission's program for the regulation of like materials and adequate to protect public health and safety with respect to the materials covered by the proposed Agreement.
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Dennis K. Rathbun, Director Congressional Affairs Office of Govemmental and Public Affairs
Enclosure:
As stated G:\RLB\MA21ATT4 RL1-
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[ "*%^**, UNITED STATES j NUCLEAR REGULATORY COMMIS810N WASHINGTON D.C. 3000HOM y ,2
- mnpr u s j M le}ko b b e *d 61 dcbi i Mr. Robert P. Murphy j General Counsel l ,
General Accounting Office
! 441 G Street, NW, Room 7175 i Washington, DC 20548
Dear Mr. Murphy:
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- ' Pursuant to Subtiti, E of the Small Business Regulatory Enforcement Falmess Act of 1966, 5 U.S.C. 801, theWuclear Regulatory Commission (NRC) is submitting the er. closed
- Agreement with the Commonwealth of Massachusetts.
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Under Section 274 of Atomic Energy Act of 1954, as amended, the NRC is authorized
- to enter into agreemo s with the Governor of any State, whereby the State is authorized, as an Agreement Stat ,'to regulate the use of reactor-produced isotopes (byproduct materials), source ma rials, special nuclear materials in quantities not sufficient to form a critical mass, uraniu mill tailings, and the disposal of low-level radioactive waste. The
. hRC periodically reviews each Agreement State program sna actions taken by the State
! under its Agreement to ensure compliance with Section 274 of the Act. ion March 28,~
- 1895, Governor William F. Wald requested that the Commission enter into such an
. Agreement with the Commonwealth of Massachusetts. Under the Agreement, the Commonwealth of Massachusetts will assume regulatory authority over the activities listed above, except for the regulation of mill tailings. 4 i
) We have determined that this Agreement is not a " major rule," as defined in 5 U.S.C.
804(2). We have confirmed this determinations with the Office of Management and
} Budget.
h The enclosed Agreement will be effective March 21,1997, and will be published in the
- EAdAIAl Realster within 30 days after this Agreement is signed by NRC Chairman Jackson
! and Governor Weld.
l Sincerely, i .
l Dennis K. Rathbun, Director 1 Office of Congressional Affairs 4
Enclosure:
i As stated 0
.. -. ..-..- -...- - -. - - . . - . . . . . . - . - . _ . - - . ~ -.-- -- -
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l [ PRESS RELEASE LOGO ]
No. 96- FOR IMMEDIATE RELEASE i Tel. 301/415- (Monday, February 24,1994)
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I NRC APPROVES MASSACHUSETTS AGREEMENT TO REGULATE
} USE OF CERTAIN RADIOACTIVE MATERIALS l
The Nuclear Regulatory Commission has approved an Agreement with the l' Commonwealth of Massachusetts under which that State will assume part of the NRC's
- regulatory authority over the use of certain radioactive materials. The Agreement will I
become effective on March 21.
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! Under the Agreement, the responsi ity for licensing, rulemaking, inspection and enforcement concoming the acquisition possession, use, transfer, and disposal of by-product /
material as defined in section 11a.(1) of the Atomic Energy Act of 1954, as amended, source material, special nuclear material in quantities not sufficient to form a critical mass, and licensing of low-level radioactive waste facilities will be transferred to Massachusetts. There are approximately 430 NRC licenses currentiy in effect in Massachusetts that will be transferred to the State. The Agreement, however, does not provide for State authority over uranium or thorium mi!!ing activities. I l
The Massachusetts Department of Public Health will be the State agency responsible for administering the regulatory program.
The Commission has found that the radiation control program proposed by Massachusetts is compatible with the NRC program and is adequate to protect public health and safety. The text of the Agreement, as approved by the Commission, will be published in the Federal Register.
Massachusetts becomes the 30th State to sign such an Agreement with the NRC. Other States which have already assumed this authority from the NRC are Alabama, Arizona, Arkansas, Califomia, Colorado, Florida, Georgia, Illinois, Icy.1, Kansas, Kentucky, Louisiana, Maryland, Mississippi, Nebraska, Nevada, New Hampshire, New Mexico, New York, North Carolina, North Dakota,' Maine, Oregon, Rhode Island, South Carolina, Tennessee, Texas, Utah and Washington.
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- b UNITED STATES
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NUCLEAR REGULATORY COMMISSION
, g WASHINGTON, D.C. 20655-0001 e
i $9 $ March 3, 1997 h***#
OFFICE OF THE SECRETARY MEMORANDUM TO: L. Joseph Callan Exe t
- ve ' irector for Operations FROM: J C. Ho 1 Secretary
SUBJECT:
STAFF REQUIREMENTS - SECY-97-032 - AGREEMENT BETWEEN THE COMMONWEALTH OF MASSACHUSETTS AND THE COMMISSION PURSUANT TO SECTION 274 OF THE ATOMIC ~ ENERGY ACT OF 1954, AS AMENDED The Commission has approved the proposed Agreement between the
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Commonwealth of Massachusetts and the Nuclear Regulatory Commission pursuant to Section 274 of the Atomic Energy Act of 1954, as amended. The following comments and minor changes should be incorporated in items noted.
- 1. The Federal Reaister notice should list the agency as the U.S. Nuclear Regulatory Commission.
i 2. In the letter to the Governor of Massachusetts, line 1, after the word 'your' add ' proposal to enter into an.' In
! line 2, delete the word ' proposed.' In line 3, after
' acquisition,' insert the word ' receipt.'
- 3. In the letters to Congress, add the following sentence at i the end: 'NRC staff will conduct periodic reviews of the Massachusetts program co ensure that the terms of the Agreement continue to be met.'
- 4. In the letters to GAO, Vice President Gore, and Speaker Gingrich, in line 2, after the word 'the' insert 'U.S.' In i the second paragraph, line 5, after the word ' uranium' insert 'and thorium.' In the second paragraph, move the second sentence (The NRC periodically _...~ of the Act.) to the end of the paragraph.
- 5. In the press release, paragraph 2., line 2,'after the word
' acquisition,' insert ' receipt.'
SECY NOTE: THIS SRM, SECY-97-032, AND THE COMMISSION VOTING RECORD CONTAINING THE VOTE SHEETS OF ALL COMMISSICNERS WILL 3E MADE PUBLICLY AVAILABLE 5 4
WORKING DAYS FROM THE DATE OF THIS SRM.
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.. -b-cc: Chairman Jackson Commissioner Rogers Commissioner Dicus Commissioner Dia:
Commissioner McGaffigan OGC CIO CFO OCA OIG Office Directors, Regions, ACRS, ACNW, ASLBP (via E-Mail)
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