ML20141G877
| ML20141G877 | |
| Person / Time | |
|---|---|
| Issue date: | 11/21/1985 |
| From: | Kerr G NRC OFFICE OF STATE PROGRAMS (OSP) |
| To: | Cunningham G NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| Shared Package | |
| ML20140C976 | List: |
| References | |
| NUDOCS 8604240011 | |
| Download: ML20141G877 (4) | |
Text
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NOV 21 1985 g Ref: SVJOL j
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MEMORANDUM FOR: Guy H. Cunningham r)rnr/ti #4Q ,
i Executive legal Director t
l FROM: G. Wayne Kerr, Director Office of State Programs
SUBJECT:
DISPOSITION OF ELD COMMENTS ON DRAFT PF.0POSAL FROM
> ILLINOIS FOR SECTION 274b AGREEMENT Thank you for your review and comments on the draft proposal from Illinois for Agreement State status.
3 On November 12, 1985 Donald Nussbaumer, Joel Lubenau, William Crow, FCUF, John Hickey, FCML and Jane Mapes ELD met to consolidate NRC Office connents on the draft proposal and to plan our meeting with Illinois on November 14, and 15,1985. The agreements reached at that meeting formed the basis for our discussions of the draft proposal with staff members of the Illinois Department of Nuclear Safety on November 14, 1985 and with Mr. Terry Lash, Director of the Department and his staff on November 15, 1985., Our comments were confirmed by letters to Mr. Lash on November 15 and 18,1985 (enclosures).
In addition to the meeting with Illinois on Nc 15, 1985. Jane Mapes Roland Lickus, RIII, Joel Lubenau and Di. .ssbaumer also met that day to discuss Region III and ELD concerns ove- the activities of the Illinois Office of Nuclear Facility Safety, especially as they apply to nuclear power reactors. While recognizing that there may be a basis for concern over the statutory basis for some of Illinois activities in this area (vis & vis the reservation of authorities to NRC under Section
-l- 274 of the Act), it was felt it was not appropriate to use the request i for a Section 274b Agreement as the mechanism for raising these concerns. In their meeting W,h us, Illinois agreed to revise their draft regulations to make clear that the regulations will not ha
, applicable to persons subject to NRC jurisdiction. Further, in our
- assessment of the program, which will be published in the Federal .
i Register ior public coment, we will make clear that our assessment is l only of the proposed progran affecting licenses subject to an Agreement, .
and does not cover those other parts of the Illinois program that will t not be subject to the proposed agreement, such as the x-ray program or activities of the Office of Nuclear Facility Safety. Thus, there will not be an appearance of IRC endorsement or approval of these other !
activities. !
With respect to the matter of Jest Chicago and Kress Creek, the Concission, in its Policy Statement, " Criteria for Guidance of States 1 and HRC in Discontinuance of HRC Regulatory Authority ..." established ,
the availability of options for applicant States to include "any one or ms> l l l ' " " '
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more" of the categories of materials specified in tha Statement. Thus, Illinois may choose not to include the category, " Byproduct materials as l . defined in section 11e(2) of the Act" and by doing so, not include the i West Chicago site in the Agreement. This matter was discussed in detail !
with Mr. Lash and his staff on November 15, 1985 by Richard Cunningham, FC and other NRC staff. Mr. Lash noted that additional criteria relating to statutes, regulations and other program aspects would have -
to be met if Illinois elected to include 11e(2) materials in its request. He expressed reluctance to develop a whole regulatory program for just one site. As a result of these discussions NRC staff expressed a willingness to identify the criteria which would need to be met taking into account the particular circumstances relating to the West Chicago site. Illinois was also ciade aware that if such regulatory authority 1
was assumed, technical assistance would be made available by HRC to the State, in line with our existing comitments to Agreement States.
Mr. Lash indicated he would consider requesting such authority upon receipt of the criteria referred to above. He stated a strong desire to stay "on a fast track" for an Agreement and, implicitly, to avoid arrangements or changes to the present proposal that would delay its
- progress. It was also noted that Illinois may, after the Agreement l becomeseffective,requestanamendmenttotheAgreementtoadd11e(2) materials. We will infom the Comission of Illinois' interest and position on the West Chicago matter when the paper is prepared for l, Comission action on the Illinois Agreement proposal.
Our discussions also took note of recent Licensing Board proceedings that would result in the finding that the Kress Creek contamination is
! source material. Under this interpretation regulatory responsibility for this material would be assumed by Illinois under the Agreement.
Illinois did not express any problem or objection to this development.
l (As a parenthetical note, to enable such an assumption, we believe that i FC and ELD staff should make appropriate modifications to the NRC i license issued to Kerr-McGee for the West Chicago Rare Earths Facility so that a suitable license document for the Kress Creek material can be transferredtoIllinois.)
l When the Illinois request is formally Nceived from Go/ernor Thompson we l
will prepare a staff assessment for a Federal Register notice, which will be coordinated with you. I believe our discussions with Illinois,
- as documented herein and in the enclosures adequately address your 1 coments on the Illinois draft proposal. If this is not the case, I would appreciate being infomed prdihpOYalsigngu
- G KaYne Korg y .
I G. Wayne Kerr, Director Office of State Programs Distribution:
1
Enclosures:
As stated SA R/F JSaltzman wM Illinois file (fc w Dir R/F RCunnidg6im, wfenc)i . / enc 1.
R. Lickus, RIII, w/o encis. JOLubenau i
cc: DANussbaumer i JHickey i
Identical Ltrs. sent to: J. Davis, NMSS JMapes l aeppier, Riii Eruw,wfend.
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l NEC FOLM 318 (1080) NRCM 0240 OFFICIAL RECORD COPY
R f: SA/J0L NOV 21 1985 ME!!0PANDUM FOR: Guy li. Cunningham Executive Legal Director .
FROM: G. Wayne Kerr, Director Office of State Programs
SUBJECT:
DISPOSITION OF ELD COMMEllTS ON DRAFT PROPOSAL FROM ILLIN0IS FOR SECTION 274b AGREEMEllT Thank you for your review and comments on the draft proposal from Illinois for Agreement State status.
On November 12, 1985 Donald Hussbaumer, Joel Lubenau, William Crow.
FCUF, John Hickey FCf!L and Jane Hapes. ELD met to consolidate NRC Office comments on the draft proposal and to plan our meeting with Illinois on November 14, and 15, 1985. The agreements reached at that meeting formed the basis for our discussions of the draft proposal with staff members of the Illinois Department of Nuclear Safety on .
November 14, 1985 and with Mr. Terry Lash, Director of the Department and his staff on November 15, 1985. Our comments were confirmed by letters to Mr. Lash on November 15 and 18,1985 (enclosures).
(Deleted paragraph) l 1
With respect to the matter of West Chicago and Kress Creek, the !
Commission, in its Policy Statement, " Criteria for Guidance of States and !!RC in Discontinuance of NRC Regulatory Authority ..." established the availability of options for applicant States to include "any one or
~
- c ,a more* of the categories of materials specified.in the Statement. Thus, Illinois may choose not to include the category, " Byproduct materials as.
definsd in section 11e(2) of the Act" and by doing so,not include the West Chicago site in the Agreement. This matter was discussed in detail with Mr. Lash and his staff on November 15, 1985 by Richard Cunningham, I FC and other NRC staff. Mr. Lash noted that additional criteria relating to statutes, regulations and other program aspects would have to be met if Illinois elected to include 11e(2) materials in its -
request. He expressed reluctance to develop a whole regulatory program for just one site. As a result of these discussions NRC staff expressed a willingness to identify the criteria which would need to be met taking into account the particular circumstances relating to the West Chicago site. Illinois was also made aware that if such regulatory authority was assumed, technical assistance would be made available by NRC to the State, in line with our existing comitments to Agreement States.
Hr. Lash indicated he would consider requesting such authority upon ~
receipt of the criteria referred to above. He stated a strong desire to stay "on.a fast track" for an Agreement and, implicitly, to avoid arrangements or changes to the present proposal that would delay its progress. It was also. noted that Illinois may, after the Agreement becomes effective, request an amendment to the Agreement to add 11e(2) materials. We will inform the Commission of Illinois' interest and position on the West Chicago matter when the paper is prepared for.
Comission action on the Illinois Agreement proposal.
Our discussions also took note of recent Licensing Board pmceedings that would result in the finding that the Kress Cnek cnntamination is source material. Under this interpretation regulatory responsibility for this material would be assumed by Illinois under the Agreement.
Illinois did not express any, problem or objection to this development.
(As a parenthetical note, to enable such an assumption, we believe that FC and ELD staff should make appropriate modifications to the NRC '
license issued to Kerr-McGee for the West Chicago Rare Earths Facility ,
so that a suitable license document for the Kress Creek material can be transferredtoIllinois.)
When the Illinois request is fonnally received from Governor Thompson we will prepare a staff assessment' for a Federal Register notice, which will be coordinated with you. I believe our discussions with Illinois, as documented herein and in the enclosures adequately address your coments on the Illinois draft proposal. If this is not the case, I would appreciate being infonned probptlyul sigagg C Warne Kerg y .
G. Wayne Kerr, Director Office of State Programs Distribution:
Enclosures:
As stated SA R/F JSal tzman wM Dir R/F . Illinois file fc) w/ enc 1.
J0Luunau RCunn16ghain. W .
cc: R. Lickus, RIII, w/o encls. DANussbaumer JHickey Identical Ltrs. sent to: J. Davis,NMSS JMapes
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weppiner, id Ii itCrew, wiem.i . ,
.