ML20137V307
| ML20137V307 | |
| Person / Time | |
|---|---|
| Issue date: | 03/26/1997 |
| From: | Lohaus P NRC OFFICE OF STATE PROGRAMS (OSP) |
| To: | Guerrerortiz P NEW MEXICO, STATE OF |
| Shared Package | |
| ML20137V311 | List: |
| References | |
| NUDOCS 9704170260 | |
| Download: ML20137V307 (9) | |
Text
1
[f* M?u k UNITED STATES j
NUCLEAR REGULATORY COMMISSION 2
WASHINGTON. 0.C. 20666-0001 March 26, 1997 Mr. Patricio Guerrerortiz, P.E.
Public Utilities Department Director City of Santa Fe, New Mexico f
200 Lincoln Avenue P.O. Box 909 Santa Fe, NM 87504-0909
Dear Mr. Guerrerortiz:
Thank you for your letter of January 13,1997 expressing concern on the filtration and wastewater policies of the interstate Nuclear Services (INS) facility in Santa Fe, New Mexico. In your letter, you note the suggested criteria for solubility of radionuclides i
described in the INS proposal enclosed with William Floyd's November 12,1996 letter to me to be " grossly inadequate from our municipal perspective."
Pursuant to the Atomic Energy Act of 1954, as amended, the Nuclear Regulatory Commission (NRC) must assure that all Agreement State radiation control programs are adequate to protect public health and safety and also are compatible with NRC's regulatory program. However, as an Agreement State, New Mexico exercises regulatory jurisdiction over the INS f acility and, therefore, the licensing decision for the facility rests with the State. New Mexico has requested technical assistance from NRC in the review of the proposed system. We have previously provided you, for your information, a copy of our response to that request (February 5,1997 letter from P. Lohaus to W. Floyd). The results of our review have been provided to the State for their use in reaching a licensing decision.
The NRC itself has no authority to make a licensing decision. Given that the NRC does not have regulatory jurisdiction, we are providing New Mexico with a copy of your letter, such that the State can consider your concerns as a part of their process in reaching a licensing decision.
In your letter, you mske reference to a November 9,1993 exchange of correspondence between the NRC and Hugh McFadden in Laramie, Wyomine. We wish to clarify that this letter from Martin Malsch of NRC's Office of the General Counsel to Hugh McFadden does not contain any explicit approval of particular actions by the City. Instead, the letter simply provides an explanation of the legal principles of preemption in the context of the Atomic Energy Act (AEA) of 1954, as amended. With limited exceptions not relevant here, ;
the preemption issue addressed in that letter does not apply in Agreement States, such as New Mexico, where Atomic Energy Act authority of the NRC has been discontinued. In
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those cases, the division of responsibility between the State government and a local government is determined by State law.
W.61Og N !dCFET E HBCOPY 9704170260 970326 PDR STPRG ESGNM PDR j
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t Patricio Guerrerortiz 2..
MAR 2 6 1997 i
We trust that this responds to your request. If you have any questions, 6tde contact me at (301) 415-2326.
1 S' cerely,
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Paul H. Lohaus, Deputy Director Office of State Programs cc: William Floyd i
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Patricio Guerrerortiz MAR 2 61997 We trust that this responds to your request. If you have any questions, please contact me at (301) 415-2326.
Sincerely, OriginalSigned By:
PAUL H. LOHAUS Paul H. Lohaus, Deauty Director Office of State Programs cc: William Floyd Distribution:
DIR RF (7S-17!
SDroggitis CJones RFortuna, 01 HNewsome, OGC New Mexico File DOCUMENT NAME: G:\\LJR\\SANTpl:E. DOC
- See previous concurrence.
Ta receive a copy of th6s document. Indicate in tM/ "C" = Copy without attachment / enclosure "E" = Copy with attachtnant/ enclosure
- N" = Nopppy l
OFFICE OSP l
Oyh Rllr IMNS/NMSS l NMSS l OGC OS(/]
l NAME LRakovan:gd/nb PHLohab f '
DCool RO'Connell FCameron RLBaMah DATE 02/07/97*
02/07/97*
03/17/97*
03/17/97*
03/25/97*
03L4/97 y $5/qq OSP FILE CODE: SP-AG-19 l
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4 Patricio Guerrerortiz We trust that this responds to your request. If you have any uestions, please contact me at (301) 415-2326.
Sincerely,
/
Paul H. Lohaus Deputy Director Office of State' Programs cc: William Floyd
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DOCUMENT NAME: G:\\LJR\\SANTAFE.bOC
'See previous concurrence.
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'E' = Copy with attachment / enclosure
- N* = No copy OFFICE OSP l
OSP:DD l lMNS/NMSS NMSS l P OGC g OSP l
NAME LRakovan:gd/nb PHLohaus DCool RO'Connell FCamepri RLBangart
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DATE 02/07/97*
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UNITED STATES j
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4 4-N v Mr. Patricio Guerrerortiz, P.E.
M Public Utilities Department Director g
City of Santa Fe, New Mexico
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200 Lincoln Avenue
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Santa Fe, NM 87504-0909 D
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Dear Mr. Guerrerortiz:
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2 Thank you for your letter of January 13,1997 expressing concern on the filtration and Jf wastewater policies of the Interstate Nuclear Services (INS) facility in Santa Fe, g)9 New Mexico. In your letter, you note the suggested criteria for solubility of radionuclides S
described in the INS proposal enclosed with William Floyd's November 12,1996 letter to 1
me to be " grossly inadequate from our municipal perspective."
Pursuant to the Atomic Energy Act of 1954, as amended, NRC must assure that all 4g Agreement State radiation control programs are adequate to protect public health and gw '
y safety and also are compatible with NRC's regulatory program. However, as an Agreement y
State, New Mexico exercises regulatory jurisdiction over the INS facility and, therefore, the c
licensing decision for the facility rests with the State. New Mexico has requested technical assistance from the Nuclear Regulatory Commission (NRC)in the review of the proposed V
system. We have previously provided you, for your information, a copy of our response to y
that request (February 5,1997 letter from P. Lohaus to W. Floyd). The results of our 16 review have been provided to the State for their use in reaching a licensing decision. The NRC itself has no authority to make a licensing decision. Given that the NRC does not gf have regulatory jurisdiction, we are providing New Mexico with a copy of your letter, such that the State can consider your concerns as a part of their process in reaching a licensing 4
dec,s,on.
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D in your letter, you make reference to a November 9,1993 exchange of correspondence
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between the NRC and Hugh McFadden in Laramie, Wyoming. We wish to clarify that this letter from Martin Malsch of NRC's Office of the General Counsel to Hugh McFadden does not contain any explicit approval of particular actions by the City. Instead, the letter 3
simply provides an explanation of the legal principles of preemption in the context of the that if tha basis for O
Atomic Energy Act (AEA) of 1954, as amended.gn narticular. it notes:
estate-of40 eel-gevemmental-aotionde-somethinqcther then the picteetion-of-workers and D'q
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the public from helth and safety hazards of materials regulated under,3fie AEA, the action Ta j
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See e.g. Pacific Dis 7 nd-E16ctiic Co.#7 State EneNv Resourc/s
>D is ' ot preemp'ted. beve,lopment C(mmfiision. 461 U.S Conservation and 0 (1983
- owever, there is 9M I
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no sound Jawn f ar the stateMocal ac. ion in ey other pt n rotecti of wor b
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at a review (' azards of ra ioactiv fnater @! aefine un t e Ac i is
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an pu health i om Y
like urt vyould find s tion preempted by the AEA.
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i Patricio Guerrerortiz We trust that this responds to your request. If you have any q estions, please contact me at (301) 415-2326.
Sincerely, Paul H. Lohaus, peputy Director Office of State Programs cc: William Floyd
/
Distribution:
DIR RF (7S-17)
SDroggitis l
CJones RFortuna, 01 HNewsome, OGC New Mexico File
/l DOCUMENT NAME: G:\\LJR\\SANTAFE. DOC
'See previous concurrence.
T3 voceive e copy of this document. Indicate in the box:
'C" M Copy without attachment / enclosure
'E' = Copy whtachment/ enclosure
- N" = No copy OFFICE OSP l
OSP:DD/ l iMNS/NMSS l NMS M 6 OGC OSP l
NAME LRakovan:gd/nb PHLohaus DCool RO'Conhell' FCameron RLBangart DATE O2/07/97*
O2/07,/97*
03/ /97 03/d/97 02/ /97 02/ /97 OSP FILE CODE: SP-AG-19
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Patricio Guerrerortiz I i
We trust that this responds to your request. If you have an questions, please contact me at (301) 415 2323.
Sincerely, Paul H. Lohau/
s, Deputy Director Office of State Programs cc: William Floyd
/
/
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/
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Distribution:
DlR RF (7S-17)
SDroggitis CJones RFortuna, 01 HNewsome, OGC New Mexico File DOCUMENT NAME: G:\\LJR\\SANTAFE. DOC
'See previous concurrence.
Ts receive e copy of this document, indicate in the boa:
'C' = Copy without ettechment/ enclosure
- E' = Copy with ettechment/ enclosure
- N* = No copy OFFICE OSP l
OSP:DD JMNjil@jijil l, NMSS l OGC OSP l
NAME LRak5 van:gd/nb PHLohaus PC96$ ff '
RO'Connell FCameron RLBangart
- 0 ATE 02/07/97*
02/07/97*
a Patricio Guerrerottiz We trust that this responds to your request. If you have any questions or have other information you believe would be of interest to us, please let us know.
Sincerely,
/
Paul H. Lohaus, Deputy Direct r/
Office of State Programs 4
cc: William Floyd
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i EXECUTIVE TASK MANAGEMENT SYSTEM
<<< PRINT SCREEN UPDATE FORM >>>
1 TASK # - 7S-17 DATE- 01/23/97 MAIL CTRL. - 1997 l
TASK STARTED - 01/23/97 TASK DUE - 02/06/97 TASK COMPLETED -
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3 TASK DESCRIPTION - 1/13/97 LTR RE SOLUBILITY CRITERIA FOR LICENSED RADIOACTIVE MATERIALS REQUESTING OFF. - NM/PUC REQUESTER - GUERRERORTIZ WITS -
0 FYP - N PROG.- PHL PERSON -
STAFF LEAD - PHL PROG. AREA -
PROJECT STATUS -
OSP DUE DATE:
2/7/97 PLANNED ACC.
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