ML20141G904
| ML20141G904 | |
| Person / Time | |
|---|---|
| Issue date: | 01/15/1986 |
| From: | Holloway C NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Lubenau J NRC OFFICE OF STATE PROGRAMS (OSP) |
| Shared Package | |
| ML20140C976 | List: |
| References | |
| NUDOCS 8604240021 | |
| Download: ML20141G904 (2) | |
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UNITED STATES j d# "4,k
- . ~ NUCLE AR REGULATORY COMMisslON f ,1 j W ASHINGTON, D. C. 20555
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w% .@. . . . / l JAN 15 BB6 MEMORANDUM FOR: Joel Lubenau, Senior Project Manager Str.te Agreement Programs, SP FROM: C. James Holloway, Jr., Acting Director i License Fee Management Staff, ADM
SUBJECT:
LICENSE FEE REVENUE RECEIVED FROM t;RC LICENSES LOCATED IN THE STATE OF ILLIN0IS This is in response to the State of Illinois' December 27, 1985 request for information concerning license fees.
1 In our November 6, 1985 memorandum to you, information was provided regarding the number of active NRC licenses issued to persons in the State of Illinois, the fee categories assigned to those licenses, and an approximation of the amount of revenue received on an annual basis for materials license applica-tions ffled by applicants and licensees in Illinois. The actual amount of inspection fee revenue received from NRC licensees in Illinois for tne period June 20,1984 to June 19, 1985 was also giyen.
Based on Illinois' most recent request, we performed an analysis of the actual revenue received from applicants in the State of Illinois for the period .
October 1,1984 to September 30, 1985. The number of materials license appli- !
cations processed and the amount of revenue received are as follows:
Application Type No. of Actions Revenue Received l
New license applications 59 $ 25,120 Amendments 231 28,850 i Renewa!s 111 37,250 l
Totals 401 $ 91,220 In addition,155 applications were processed for which no fee was due. The fee exempt applications were from State or local agencies, educational insti-tutions, etc., or were exempt because of the application type (terminations, mailing address changes, teletherapy survey reports, etc.).
8604240021 860417 PDR STPRG ESGIL i PDR
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Joel Lubenau !
During the same period, inspection fees totalling $48,999 were collected for 81 inspections.
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The State of Illinois also requested specific information on the Allied-Metropolis license. During the period October 1,1984 to September 30, 1985, one application was processed for that facility, for which a fee of $1,600 was paid. ,
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' C James Holloway, Jr.
I Acting Director j License Fee Management Staff
- Office of Administration l
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UNITED STATES
! c. NUCLEAR REGULATORY COMMISSION
$ :E, WASHINGTON, D. C. 20555
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February 6, 1986 Richard A. Meserve, Esq.
Covington and Burling 1201 Per.nsylvania Avenue, N.W.
P. O. Box 7566
. Washington, D.C. 20044
. In the Matter of KERR-MCGEE CHEMICAL CORPORATION (West Chicago Rare Earths Facility)
Docket No. 40-2061 ML, ASLBP No. 83-495-01-ML and in the Matter of .
KERR-MCGEE CHEMICAL CORPORATION (Kress Creek Decontamination)
Docket No. 40-2061; ASLDP No. 84-502-01-S C i
Dear Mr. Meserve:
This is in response to your letter to me of January 3,1986 regarding docu-ments related to the ongoing negotiations between the NRC and the State of Illinois for an agreement under Section 274o of the Atomic Energy Act. As stated in my letter to you of December 17, 1985, the documents being with-held from public disclosure are predecisional in nature. The documents relate to negotiations between two governmental entities (the NRC and the State of Illinois) and are not part of either the West Chicago or the Kress Creek pro-ceeding. The State's participation in these negotiations is in its capacity as a
, potential Agreement State, rather than as a party to the West Chicago and Kress Creek proceedings. Kerr-McGee's position appears to be tnat because the State is both a party to negotiations that may result in its assumption of regulatory authority over the source material in Kress Creek and a party to ;
the Kress Creek proceeding, Kerr-McGee is entitled to participate in the ne- i gotiations between the NRC and the State. The NRC staff rejects this position, since Kerr-McGee is merely one of many NRC licensees in Illinois
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who might be affected by a Section 274b agreement and has no role in discussions between the NRC and the State that precede the submittal of a proposal from the Governor to become an Agreement State.
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To put this matter into perspective, the NRC staff offers the following background information regarding the ongoing negotiation of a Section 274b ;
agreement between the NRC and the State of Illinois.
As directed by the General Assembly of the State of Illinois (Illinois Low-Level Radioactive Waste Management Act (1984 Supp. to Ill. Rev. Stat.
1983, ch. lill, par. 241-2)), the Illinois Department of Nuclear Safety is currently pursuing with the NRC the attainment of Agreement State status in accordance with the procedures set out in Section 274, the Federal-State amendtrent to the Atomic Energy Act of 1954, as amended. The Commission is authorized to enter into at. agreement with any state whereby the NRC will discontinue and the State will assume regulatory authority over certain classes ,
of radioactive materials specifically identified in the agreement if the following l
! conditions are met:
"(1) The Governor of that State certifies that the State has a program for the control of radiation hazards adequate to protect the public h;alth and safety with respect to the materials within the State covered by the proposed agreement, and that the State desires to assume regulatory responsibility for such materials; and
"(2) the Commission finds that the State program is in accor-dance with the requirements of subsection o. (which apply to <
States, unlike Illinois, that wish to assume regulatory authority over Section 11e(2) byproduct materiall and in all other respects compatible with the Commisrion's program for regulation of such materials, and that the State program is adequate to protect'the public health and safety with respect to the materials covered by l
the proposed agreement." Section 274d.
. Section 274(e) provides that "[blefore any agreement under subsection b. is signed by the Commission, the terms of the proposed agreement and of pro-posed exemptions pursuant to subsection f. shall be published once each week for four consecutive weeks in the Federal Register; and such opportunity for .
comment by interested persons on the proposed agreement and exemptions shall be allowed as the Commission determines by regulation or order to be ay propriate." In addition to containing the text of the proposed agreement, th rederal Register notice also contains the NRC staff's assessment of the State's proposed program for control over sources of radiation. As explained in my letter of December 17, 1985, Kerr-McGee, as well as any other NRC licensee in IHinois or otherwise interested member of the public, will have the opportunity to comment on any proposed agreement under Section 274b
, between the NRC and the State of Illinois once it is published in the Federal Register.
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i' As reflected in the above information, documents related to the ongoing negotiations between the NRC and the State of Illinois will not be publicly ,
- disclosed by the NRC staff. The matters set forth in your January 3rd letter j provide no basis for a reconsideration of the Staff's position. '
Sincerely 4
'l 4 Stephen H. Lewis Deputy Assistant Chief
- Hearing Counsel -
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