ML20136G057
| ML20136G057 | |
| Person / Time | |
|---|---|
| Issue date: | 11/18/1985 |
| From: | Harold Denton Office of Nuclear Reactor Regulation |
| To: | Kerr G NRC OFFICE OF STATE PROGRAMS (OSP) |
| Shared Package | |
| ML20136G062 | List: |
| References | |
| NUDOCS 8511220243 | |
| Download: ML20136G057 (1) | |
Text
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NOV 181985 MEMORANDUM FOR: G. Wayne Kerr, Director Office of State Programs FROM: Harold R. Denton, Director Office of Nuclear Reactor Regulation
SUBJECT:
NRC VS. AGREE: LENT STATE JURISDICTION OVER WASTE DISPOSAL RELATED TO REACTOR DECOMMISSIONING This is in response to your memorandum of November 1,1985 on the above stated subject.
As you pointed out, there are several significant areas of interest associated with the decomissioning process - public health and safety, financial assurances, and regulatory jurisdiction. In the September 13, 1985 memo from ELD in response to my memo of August 7,1985 on jurisdiction over low-level waste management practices at utility sites, the legal view was presented on possible Agreement State regulatory roles in reactor decomissioning. Namely, if the mode selected for decommissioning is that of DECON, there is a legal basis in 10 CFR 150.15(a) for Agreement State regulation of the remaining by-product material once the special nuclear material is removed and the
" machine [is fixed] so that it can never again be used...."
I agree that, since the jurisdictional had not apparently been raised before this, and was presumed by many individuals involved in the preparation and review of the proposed decomissioning rule to be uncontested (namely, NRC has jurisdiction until decomissioning is completed), there is a need to resolve the issue. Peter Erickson, Operating Reactors Branch No. 5, extension 27219, is following up on this subject and will coordinate with the appropriate offices to develop a policy on the jurisdictional issue.
Orts ld Signed M N.R.0cctxt Harold R. Denton, Director Office of Nuclear Reactor Regulation cc: G. Cunningham, OELD R. Minogue, RES J. Davis, NMSS J. Taylor, IE DISTRIBUTION (YELLOW TICKET NO. 859290) NRC PDR w/ incoming Central File w/ incoming NSIC w/ incoming ORAB Rdg 8511220243 851118 FMiraglia/HThompson GHolahan PDR STPRG ESGGEN MJambor(YellowTicket 859290)
JHannon PDR Denton/Eisenhut FBrenneman JZwolinski, ORB 5 DCrutchfield/CSchum PErickson, ORB 5 HSmith (Yellow Ticket 859290)
- PREVIOUS CONCURRENCE SEE DATE ORAB:DL* SL:0RAB:DL* ORB #5* C:0RB#5* C:0RAB:DL*
FBrenneman:cl JHannon 'PErickson JZwolinski O GHolahan 11/8/85 11/8 /85 11/13/85 11/13/8 4 11/14/85 A y
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o DD/NRR Dhitpn D ifield 11a T n DEisenhut H Q/g /85 g5 *p// /g 5 / /85 y/85
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