ML20136G310
| ML20136G310 | |
| Person / Time | |
|---|---|
| Issue date: | 07/26/1985 |
| From: | Kerr G NRC OFFICE OF STATE PROGRAMS (OSP) |
| To: | Cunningham G NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| Shared Package | |
| ML19283G179 | List: |
| References | |
| NUDOCS 8508190228 | |
| Download: ML20136G310 (11) | |
Text
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UNITED STATES g
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NUCLEAR REGULATORY COMMISSION v
WASHING fON, D. C 20555 JUL 2 6 1985 MEMORANDUM FOR: Guy H. Cunnin~gham, Executive Legal Director, OELD John G. Davis, Director, NMSS Harold R. Denton, Director, NRRy _-M James M. Taylor, Director, IE FROM:
G. Wayne Kerr, Director, OSP
SUBJECT:
PROPOSED MEMORANDUM 0F UNDERSTANDING (MOV) AND ACCOMPANYING SUBAGREEMENT WITH THE CO MONWEALTH OF-PENNSYLVANIA The attached proposed MOU with the Commonwealth of Pennsylvania will establish methods of cooperation between Pennsylvania and NRC in areas of mutual interest. The M0V sets forth, as it has in the past with Indiana, Oregon, Washington and Illinois, methods of consultation which would reduce or avoid duplication of effort in areas such as nuclear facility siting, emergency preparedness and transportation monitoring.
Also enclosed is a proposed subagreement pertaining to low-level radioactive waste inspection, similar to the one entered into with Illinois in June, 1984.
Minor changes on both documents are indicated in the attached marked-up drafts.
Please provide your comments or concurrence to Mindy Landau (x29880) of my staff, no later than August 9,1985.
M M --
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w G. Wayne Kerr, Di ctor Office of State Programs j
Enclosures:
As stated w.
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MEMORANDUM OF UNDERSTANDING BETWEEN THE C0m0NWEALTH OF PENNSYLVANIA AND THE U.S. NUCLEAR REGULATORY COMMISSION This Memorandum of Understanding between the Comonwealth of Pennsylvania (hereafter " Commonwealth") and the U.S. Nuclear Regulatory Comission (hereafter "NRC") expresses the desire of the parties to cooperate in the regulation of nuclear activities; it sets forth mutually agreeable principles of cooperation between the Commonwealth and NRC in areas subject to the jurisdiction of the Commonwealth or the NRC or both. This memorandum is intended to provide the basis of subsequent detailed subagreements between the parties.
Close cooperation between the signatories will help assure that the goals and policies of Commonwealth and Federal law will be carried out efficiently and expeditiously without diminishing the responsibilities or authorities of either party.
With the execution of the Memorandum, the Comonwealth and NRC ' agree regularly to consult and cooperate in exploring and devising appropriate procedures to minimize duplication of effort to the extent permitted by Comonwealth and Federal law, to avoid delays in decisionmaking and to ensure the exchange of information that is needed to make the most effective use of the resources of the Comonwealth and the NRC in order to accomplish the purpose of both parties.
Principles of Cooperation 1.
The Comonwealth and the NRC agree to explore together the development of detailed subagreements in areas of mutual concern, including siting of nuclear facilities;* air and water quality; confirmatory radiological and environmental monitoring around nuclear facilities; decomissioning of nuclear facilities; emergency preparedness planning; response to radiological incidents; security planning; I
personnel training and exchange; low-level radioactive waste packaging, treatment, storage, disposal and transport; transport of irradiated fuel; and radioactive material transportation monitoring.
For the purpose of this Memorandym of Understanding, the term nuclear facilities is defined to include the following plants or facilities within the Commonwealth to the extent that these facilities are not covered by a future NRC-Commonwealth agreement referenced in paragraph 4:
a.
Nuclear power, research, and test facilities, and associated facilities; b.
Nuclear fuel reprocessing facilities; c.
Uranium isotope enrichment facilities; d.
Nuclear fuel fabrication plants; e.
Nuclear waste treatment, storage, and disposal facilities; f.
Uranium milling plants and uranium mill tailings disposal facilities; and g.
Uranium hexafluoride conversion plants.
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2.
Subagreements under this Memorandum may provide for activities _ to be performed by either party under mutually acceptable guidelines and criteria which assure that the needs of both are met. For activities perfonned by one party at the request of the other party under specific subagreements to this Memorandum, either party may explore means by which compensation can be made available to the other party or by which the costs may be shared by the parties.
3.
NRC ' agrees to explore with the Comonwealth the possibility of sharing I
with the Comonwealth proprietary and other information in NRC's possession that is exempt from mandatory public disclosure.
4.
Nothing in this Memorandum is intended to restrict or extend the constitutional or statutory authority of either NRC or the Comonwealth or to affect or vary the terms of a future agreement between the Comonwealth and the NRC under Section 274b of the Atomic Energy Act of 1954, as amended.
l 5.
The principal NRC contact under this Memorandum shall be the Director of the Office of State Programs. The principal Comonwealth contact shall be the Director of the Pennsylvania Bureau of Radiation Protection or his or her designee. Subagreements will nanje appropriate individuals, agencies or offices as contacts.
6.
This Memorandum shall take effect upon signing by the Governor of the Commonwealth of Pennsylvania and the Chairman of the Nuclear Regulatory Comission, and may be terminated upon 30 days written i
l notice by either party.
FOR THE COMMONWEALTH OF PENNSYLVANIA l
Richard Thornburgh Governor Dated at This day of
(
FOR THE UNITED STATES NUCLEAR REGULATORY COMMISSION Nunzio J. Palladino Chairman Dated at This day of
SUBAGREEMENT 1 PERTAINING TO LOW-LEVEL RADI0 ACTIVE WASTE INSPECTION BETWEEN THE COMMONWEALTH OF PENNSYLVANIA AND THE U.S. NUCLEAR REGULATORY COMMISSION The Subagreement is promulgated under the provisions of the Memorandum of Understanding between the Comonwealth of Pennsylvania and the U.S.
Nuclear Regulatory Commission, dated
,1985.
The Comonwealth of Pennsylvania, in fulfilling _its obligations under the Low-Level Radioactive Waste Policy Act (Waste Policy Act), P.L.96-573, contemplates that it will make periodic inspections of the areas of low-level radioactive waste packaging and transport activities and premises of generators located within its borders if shipments of such waste are destined for a low-level waste disposal facility.
The United States Nuclear Regulatory Comission (NRC or Comission) has the statutory responsibility to inspect its licensees to detennine compliance with NRC requirements, including requirements pertaining to the shipment, packaging and transportation of low-level radioactive waste.
In the exercise of this responsibility, the Comission regularly conducts a review of the transportation programs of its licensees including the licensees' procedures for quality assurance, packaging, marking, labeling and loading of vehicles. This transportation program review usually-has been found adequate to ensure licensee compliance with the Comission's regulations regarding low-level radioactive waste packaging and transportation without the need for Comission inspection of each individual shipment.
Under Section 2741. of the Atomic Energy Act of 1954, as amended, the Comission in carrying out its licensing and regulatory responsibilities under the Act is authorized to enter into Memoranda of Understanding (agreements) with any State to perform inspections or other functions on a cooperative basis as the Commission deems appropriate. While the Commission does not conduct on-site inspections of every low-level waste shipment of its licensees, it desires to foster the goals of the Waste Policy Act and the Comonwealth of Pennsylvania.
Accordingly, this Subagreement between the Commonwealth of Pennsylvania and the NRC establishes mutually agreeable procedures whereby the Commonwealth may perform inspection functions for and on behalf of the Commission at certain NRC reactor and materials licensees' facilities which generate low-level radioactive waste.
It is hereby agreed between the Commission and the Comonwealth as follows:
1.
The Commission hereby authorizes the Comonwealth to perform, for and on behalf of the Commission, the following functions with respect to low-level radioactive waste, as defined in Section 2(16) of the Nuclear Waste Policy Act of 1982, in the possession of Commission licensees located within the Comonwealth:
_2 (a) Inspections to determine compliance with the Comission's rules and regulations regarding the packaging and transportation of low-level waste destined for disposal at a commercial low-level radioactive waste disposal site, and (b) Notification of Comission licensees and the Comission in writing of any violation of Comission regulations disclosed by such inspections. All enforcement action pursuant to this Subagreement resulting from such inspections will be undertaken by the Comission.
The Comission does not normally evaluate the Comonwealth's ability to perform such functions, however, the Comonwealth agrees to utilize personnel knowledgeable in radiation safety, waste packaging requirements and packaging and transportation regulations. Such functions as are performed by the Commonwealth pursuant hereto shall be performed without cost or expense to the Comission, except that NRC does agree to make available appropriate training to the Comonwealth.
2.
The authority to inspect NRC licensees pursuant to the preceding paragraph is limited to the licensees' low-level waste' packaging and transportation procedures.
3.
In taking any action authorized hereunder, the Comonwealth shall not undertake to amend or revoke Comission licenses. This Subagreement, however, shall not be construed to preclude the Comonwealth from exercising any authority lawfully.available to it under its own laws.
4.
Efforts will be made by both parties to avoid duplicative enforcement action against an NRC licensee for the same violation.
However, this is not meant to preclude appropriate complementary actions for the same violation, such as termination of a user permit by the Comonwealth and NRC enforcement action.
5.
Nothing herein shall be deemed to authorize the Comonwealth to inspect or otherwise enter the premises of any licensee of the Comission which is a Federal instrumentality without the prior consent of the licensee.
6.
Nothing herein shall be deemed to preclude or affect in any manner the authority of the Comissi8n to perform any or all of the functions described herein.
7.
Nothing herein is intended to restrict or expand the statutory authority of NRC or the Comonwealth or to affect or vary the terms of any agreement in effect under the authority of Section 274b. of the Atomic Energy Act of 1954, as amended.
8.
Nothing herein shall be deemed to permit the Comonwealth to impose packaging or transport standards beyond those contained in Federal regulations.
9.
The principal NRC contacts under this Subagreement shall be the Emergency Preparedness and Radiological Protection Branch Chief for reactor licensees and the Nuclear Materials Safety. and Safeguards Branch Chief for materials licensees, both NRC, Region I.
The principal Connonwealth. contact shall be Director, Pennsylvania Bureau of Radiation Protection.
- 10. This Subagreement shall become effective upon signing by the Director, Bureau of Radiation Protection, Commonwealth of Pennsylvania, and the Regional Administrator, Region I, Nuclear Regulatory Commission and shall remain in effect permanently unless terminated by either party on thirty days prior written notice.
Dated this day of at L.
For the Nuclear Regulatory Commission k.
Regional Administrator i
For the Commonwealth of Pennsylvania Director, Bureau of Radiation Protection Dated:
i a
MEMORANDUM 0F UNDERSTANDING
-STA L
^i5 6" ~
AND THE U.S. NUCLEAR REGULATORY COMMISSION This Memorandum of Understanding between the ""- ' "'"^9 PW C. -
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" (hereafter
" State") and the U.S. Nuclear Regulatory Commission (hereaf ter "NRC")
expresses the desire of the parties to cooperate in the regulation of nuclear activities; it sets forth mutually agreeable principles of cooperation between the 9ttrte--and NRC in areas subject to the jurisdiction of the ';tetc ar the NRC or both. Thi basisofsubsequentdetailedsubagree[sT^^-^-'isintendedtoprovid nts between the parties.
JuemowL w Close cooperation between the signatories will help assure that the goals and policies of M and Federal law will be carried out efficiently and expeditiously without diminishing the responsibilities or authorities of either party.
With the execution of the Memorandum, the Otete-and NRC agree regularly to consult and cooperate in exploring and devising appropriate procedures to minimize duplication of effort to the extent permitted by @%ete and Federal law, to avoid delays in decisionmaking and to ensure the exchange of information that is needed to make the most effective use of the resources of the-Stat -and RC in order to accomplish the purpose of both parties.
C fe Principles of Cooperation W
l.
The State and NRC agree to explore together the developaent of detailed subagreemen g i areas of mutual concern, including siting of nuclear facilities;* wa e quality; confinnatory radiological and environmental monitoring around nuclear facilities; decommissioning of nuclear facilities; emergency preparedness planning; response to radiological incidents; security planning; personnel training and exchange; low-level radioactive waste packaging, treatment, storage, A=7 64 and transport; transport of irradiated fuel; and radioactive material transportation monitoring, l
For the purpose of this Memorandum of Understanding, the term nuclear within "gs defined to include the following plants or facilities l
facilitie
^" to the extent that these facilities are not covered by a future NRC-State agreement referenced in paragraph 4:
a.
Nuclear power, research, and test facilities, and associated facilities; b.
Nuclear fuel reprocessing facilities; c.
Uranium isotope enrichment facilities; d.
Nuclear fuel fabrication plants; e.
Nuclear waste treatment, storage, and disposal f.
Uranium milling plants and uranium mill tailings; and Uranium hexafluoride conversion plants.
9
3
-2.
Subagreements under this Memorandum may provide for activities to be performed by either party under mutually acceptable guidelines and criteria which assure that the needs of both are met.
For activities performed by one party at the request of the other party under specific subagreements to this Memorandum, either party may explore means by which compensation can be made available to the other party or by which the costs may be shared by the parties.
C%.., w lft 3.
NRC agrees to explore with the 44d e the possibility of sharing with 4tMe proprietary and other information in NRC's possession that g
is exempt from mandatory public disclosure.
4.
Nothing in this Memorandum is intended to restrict or extend the constitutional or statutory authority of either NRC or the -54a4e or to affect or vary the tems of a future agreement between the StMe 9 d y.?
Yk NRC under Section 274b of the Atomic Energy Act of 1954, as amended. -
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.4 d'V 5.
The principal NRC contact under this Memorandu shall be the Director d.[
of the Office of State Programs. The principal contact shall be the Director of thena'dr.eis 00partmrt cf H&ar Si'y or his or Ao
- A her designee.
Subagreements will name appropriate individuals, agencies or offices as contacts.
CE I 6.
This Memorandum shall take effect upon signing by the Governor of the
.g State F !'% and the Chainnan of the Nuclear Regulatory Connission, and may be terminated upon 30 days written notice by v a S Q either party.
. N e
FOR THE STATE 0F ILLINCIL-O
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Dated at springfield, IL This27thday of April, 1984 FOR THE UNITED STATES NUCLEAR REGULATORY COMMISSION t
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Nunzid J.,Palladino Chairman Dated at iun 4.,ntyi, f C'4 This IBnday of' l u n 1., i -l 3 +
J
s SUBAGREEMENT 1 PERTAINING TO LOW-LEVEL RADI0 ACTIVE WASTE INSPECTION BETWEEN THE 4T;si; Cr ILLINGTT Co 4 A ONw E ALTH OF AND THE NW 3 yL Nf A U.S. NUCLEAR REGULATORY COMMISSION C
e P
The h o(f Illi..ois, in fulfilling its obligations under the Low-Level Radioactive Waste Policy Act, (Waste Policy Act) P.L.96-573, contemplates
.that it will make periodic inspections of the areas of low-level radioactive waste packaging and transport activities and premises of generators located within its borders if shipments of such waste are destined for a low-level waste disposal facility.
The United States Nuclear Regulatory Commission (NRC or Commission) has the statutory responsibility to inspect its licensees to determine compliance with NRC requirements, including requirements pertaining to the shipment, packaging and transportation of low-level radioactive waste.
In the exercise of this responsibility, the Commission regularly conducts a review of the transportation programs of its licensees including the licensees' procedures for quality assurance, packaging, marking, labeling and loading of vehicles.
~
This transportation program review usually has been found adequate to ensure licensee compliance with the Commission's regulations regarding low-level radioactive waste packaging and transportation without the need for Commission inspection of each individual shipment.
Under Section 274i. of the Atomic Energy Act of 1954, as amended, the Commission in carrying out its licensing and regulatory responsibilities under the Act is authorized to enter into Memoranda of Understanding (agreements) with any State to perform inspections or other functions on a cooperative basis as the Commission deems appropriate. While the Commission does not conduct on-site inspections of every low-level waste shipment of its licensees, it desires to foster the goals of the Waste Policy Act and the
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[ kh ~ Sq\\,rjyeew egf Accordingly, this
.".c : rana cf "nerstanding between the Mete of I"#ncic and the NRC establishes mutually agreeable procedures whereby the State may perform inspection functions for and on behalf of the Commission at certain NRC reactor and materials licensees' facilities which generate low-level radioactive waste.
C It is hereby agreed between the Commission and the-State-as follows:
C_
1.
The Commission hereby authorizes the-Gtete.to perform, for and on behalf of the Commission, the following functions with respect to low-level radioactive waste, as defined in Section 2(16) of tne Nuclear Waste Policy Act of 1982, in the possession of Commission licensees located within the-Gtste:
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(a) Inspections to determine compliance with the Commission's rules and regulations regarding the packaging and transportation of low-level waste destined for disposal at a commercial low-level radioactive waste disposal site, and (b) Notification of Commission licensees and the Commission in writing of any violation of Commission regulations disclosed by such inspections.
All enforcement action pursuant to this Sub-agreement resulting from such inspections will be undertaken by the Commission.
(_.
The Commission does not normally evaluate the 4tste's ability to perform such functions, however, the 44 ate agrees to utilize personnel knowledgeable in radiation safety, waste packaging requirements and packaging and transportation regulations.
Such functions as are performed by the Sta6e pursuant hereto shall be performed without cost or expense to the Commission, except 4ee O< t sit ati =: t r1 NRC ' int it :ppr:prist: to provide training to N " ' g r e e. h N Ee. d u :Id Q,, 4 /fr y tsge the h -
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2.
The authority to inspect NRC licensees pursuant to the preceding paragraph is limited to the licensee's low-level waste packaging and transportation procedures.
%ls 9 Veex ed Intakinganyactionauthorizedhereunder,th1Mrr=dum,howeve 4 tete shall not undertake 3.
to amend or revoke Commission licenses. Thi not be construed to preclude the-Ete6s from exercising any authority lawfully available to it under its own laws.
4.
Efforts will be made by both parties to avoid duplicative enforcement action against an NRC licensee for the same violation.
However, this is not meant to preclude appropriate complementary actions for the same violation, such as termination of a user permit by the mes:and NRC enforcement action.
5.
Nothing herein shall be deemed to authorize the State to inspect or otherwise enter the premises of any licensee of the Commission which is a Federal instrumentality without the prior consent of the licensee.
Nothing herein shall be deemed to ireclude or affect in any manner the f
6.
authority of the Commission to perform any or all of the functions described herein.
7.
Nothing herein is intended to restrict or expand the statutory authority of NRC or the-6 tete or to affect or vary the terms of any agreement in effect under the authority of Section 274b. of the Atomic Energy Act of 1954, as amended.
8.
Nothing herein shall be deemed to permit the State to impose packaging or transport standards beyond those contained in Federal regulations.
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' SsM g"c cronir of Unpisteading shall 9.
The principal NRC ntact der thi be the Emergency Pr areden and Ra ' logical-Safe &y Branch Chief.
for reactor licensee and th Materials and Safeguards Branch Chief for materials licen' sees The principal 4 state contact shall be the Manager, d Tronsporte'Ne o te' E=;o ^at B i eet h v-, few /v
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10.
This 'Mmr shall become effective upon signing by the Director, Na-aini. -
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-of 'h: clear Safety, State of Illincia, and the Regional Administrator, pg,ch..
Region I K, Nuclear Regulatory Commission and shall temain in effect j
,p p permanently unless terminated by either party on thirty days prior
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written notice.
Dated this 7
- day of 'TtA,J F 1984 at (-oE,e Ecc w/
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os a & ALA Regbnal Administratop V c
P For the State vi liiinois b i'.,
Dated this
//
day of d.;va 1984 at huo,[ M r[ e I (p 4
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