ML20141G840

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Requests Review of Encl State of Il Legislation Affecting Powers of Dept of Nuclear Safety,Per Reinitiated Renegotiations for Section 274b Agreement.Legislation Appears to Contain Necessary Provisions
ML20141G840
Person / Time
Issue date: 07/23/1984
From: Nussbaumer D
NRC OFFICE OF STATE PROGRAMS (OSP)
To: Olmstead W
NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
Shared Package
ML20140C976 List:
References
NUDOCS 8604240005
Download: ML20141G840 (1)


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Ref: SA/JRMCG MEMORANDUM FOR: Mr. William J. Olmstead, Director and Chief Counsel Regulations Division, ELD FROM: Donald A. Nussbaumer Assistant Directcr for State Agreements Program Office of State Programs

SUBJECT:

ILLIN0IS ENABLING LEGISLATION The State of Illinois has reinitiated negotiations wich NRC for a Section 274b agreement.

A first step in our review is to assure that the State has adequate enabling legislation. The State has provided us a copy of all legislation affecting the powers of the Department of Nuclear Safety.

We believe that legislation contains all of the necessary provisions for entering into a full agreement with the Commission. (Note- The State does not intend to seek authority over uranium mill tailin s, i.e.,

byproduct material as defined in section 11e.2 of the Act. Please review the enclosed legislation and let us know if it is adequate for purposes of entering into a full agreement.

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DONALD A. WSS3 Alt.G2T Donald A. Nussbaumer Assistant Director for State Agreements Program Office of State Programs

Enclosure:

As stated Distribution:

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.jbVX.Md "pjG 'i 7 1985 Ref: SA/ DAN MEMORANDUM FOR: James M. Taylor Director Office of Inspection and Enforcement Guy H. Cunningham Executive Legal Director John G. Davis Director Office of Nuclear Material Safety and Safeguards Harold R. Denton, Director Office of Nuclear Reactor Regulation James G. Keppler, Regional Administrator Region III Robert B. Minogue, Director Office of Nuclear Regulatory Research FROM: G. Wayne Kerr, Director Office of State Programs

SUBJECT:

DRAFT PROPOSAL FROM ILLIN0IS FOR AGREEMENT STATE STATUS Enclosed for your review and comment is a draft proposal from Illinois for a 274'aagreement with the NRC. The proposal includes the Program Statement (Volume .I), Statutes (Volume II), Regulations (Volune III), a draft letter frcm the Governor and a draft agreement. The proposal covers byproduct material as defined in Section 11(e)(1) of the Atomic Energy Act, source material, special nuclear material in quantities not sufficient to fom a critical mass and the land disposal of byproduct, source and special nuclear material covered by the agreement. The State will not be requesting authority to regulate byproduct material as defined in 11(e)(2) of the Atomic Energy Act (mill tallings) for the present.

The appropriate criteria for review of this proposal are those contained in the NRC Policy Statement " Criteria for Guidance of States and NRC in Discontinuance of NRC Re StatesThroughAgreement"(gulatoryAuthorityandAssumptionThereofby copy enclosed). The State followed the Suggested State Regulations (SSR) developed by the Conference of Radiation Control Program Directors in drafting its regulations. The latest SSR revision (1982) was approved by the NRC staff.

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2 Our understanding is that under the agreement Illinois would assume regulatory control over the Sheffield low-level radioactive waste disposal site since the State is requesting authority to regulate low-level waste disposal. We would appreciate a statement from ELD

[ regarding the procedures involved for transferring the NRC license for l Sheffield to the State.

We would appreciate your connents on the proposal by August 30, 1985. i 1

.} G. Wayne Kerr, Director q Office of State Programs

Enclosures:

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cc: Roland Lickus, Region III l

Distribution:

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