ML20137J025
| ML20137J025 | |
| Person / Time | |
|---|---|
| Issue date: | 01/24/1997 |
| From: | Mcgaffigan E NRC COMMISSION (OCM) |
| To: | Diaz N, Dicus G, Shirley Ann Jackson, Rogers K, The Chairman NRC COMMISSION (OCM) |
| Shared Package | |
| ML20137H889 | List: |
| References | |
| COMSECY-96-054, COMSECY-96-54, DSI-4, FACA, SECY-96-054-C, SECY-96-54-C, NUDOCS 9704030200 | |
| Download: ML20137J025 (2) | |
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- 00d UNITED STATES
- t NUCLEAR REGULATORY COMMISSIOg R LEASED TO THE PDR@
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E WAS'HINGTON, D.C. 20555
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OFFIC 0 THE COMMISSIONER i
MEMORANDUM TO:
Chairman Jackson Comissioner Rogers Comissioner Dicus Comissioner Diaz FROM:
Edward McGaffigan, Jr. fh
SUBJECT:
COMSECY-96-054:
DSI 4 - NRC'S RELATIONSHIP WITH AGREEMENT j
STATES I basically support the Commission's preliminary view to continue the current program including the current initiatives (Option 3) with a few variations and additional coments as discussed below.
Regarding the Commission's preliminary view on the use of either intangible incentives or " seed money" to encourage States to become Agreement States. I believe that the decision by a State as to whether it pursues Agreement State status is an individual State's decision, and that any form of incentive, made 4
available by the Federal agency responsible for oversight of Agreement State programs to either encourage or discourage this decision, is inappropriate.
4 The use of such incentives could hasten the downsizing of NRC's materials
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program and ultimately result in a program that is no longer viable or able to ensure a uniform and consistent national materials program.
This result would be inconsistent with the intended role of the NRC as it fulfills its mission l
under the Atomic Energy Act. As a result. I believe that the NRC should continue to respond to incoming requests from individual States that express 3
an interest in pursuing Agreement State status and work with each State to achieve this goal.
Regarding the issue of NRC-funding of Agreement State training. travel and technical assistance from NRC. I believe that NRC should request Congress to enact legislation that would exclude these NRC costs from its user fee base and provide a separate appropriation to cover them.
In the interim. training should continue to be offered without charge on a " space-available" basis with the Agreement States funding their own travel and per diem. and the costs for technical assistance from NRC. This approach was outlined in a memorandum from the Executive Director for Operations to the Comission. dated October 3.
1996.
I would further note that I am sympathetic to the coments of several stakeholders that the costs associated with development of NRC materials regulations and guidance and NRC oversight of the Agreement State programs should not fall solely on NRC licensees through assessed fees.
I would favor seeking Congressional and Office of Management and Budget relief here as well, but as a second priority to training i travel reimbursement.
reliminary view. I believe that Although not addressed in the Commission s,NRC's Independent Radiation the environmental monitoring portion of the Monitoring Program (IRMP) should be discontinued effective fiscal year 1999.
9704030200 970401 PDR NRCSA I
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Based on reviewing years of data. NRC management has gained confiderce in licensee environmental monitoring programs and made a previous recommendation to eliminate this portion of the IPMP.
If my fellow Commissioners agree, the staff should notify the affected States of the discontinuation of this program, and inform NRC licensees that the environmental monitoring requirements described in 10 CFR Part 50 do not preclude a licensee from contracting with a governmental agency (including a State) to perform such monitoring.
However NRC places ultimate responsibility on its licensees for adequate environmental monitoring (as may be required by the environmental technical specifications and other conditions in the operating licenses) regardless of who performs it. As a result, before contracting for such services, licensees should determine that a prospective environmental monitoring program is adequate to meet NRC license and regulatory requirements.
A licensee could enhance public trust if it voluntarily contracts with a State or other independent organization to perform environmental monitoring around its facilities. This a)proach would address concerns expressed previously by the States regarding tie perceived need for independent environmental monitoring and would allow the States to receive funds under contract from the licensee to oerform such services, cc:
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