ML20149L937
| ML20149L937 | |
| Person / Time | |
|---|---|
| Site: | Prairie Island, 07200018  |
| Issue date: | 12/02/1996 |
| From: | Taylor J NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | Campbell C PRAIRIE ISLAND MDEWAKANTON SIOUX INDIAN COMMUNITY |
| Shared Package | |
| ML20149L939 | List: |
| References | |
| NUDOCS 9612100160 | |
| Download: ML20149L937 (7) | |
Text
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u UNITED STATES 2
8 NUCLEAR REGULATORY COMMISSION If WASHINGTON. D.C. 2055'A001
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December 2, 1996 Curtis Campbell, Sr., President Prairie Island Indian Community 5636 Sturgeon Lake Road Welch, Minnesota 55089
Dear Mr. Campbell:
On April 4,1995, representatives from the Prairie Island Dakota Indian Communit.'
(Community) met with staff from the U.S. Nuclear Regulatory Commission (NRC). The purpose of this meeting was to discuss the Community's proposed multi-agency memorandum of understanding (MOU) concerning the Prairie Island Nuclear Power Plant and the NRC's March 27,1995 letter in which the NRC staff declined to sign the proposed MOU. In the course of discussions at the April 4 meeting, Community representatives asked two questions which posed significant policy issues requiring Commission consideration. The Commission has carefully considered these questions and has recently previded its direction to the NRC staff.
The first question was whether, in lieu of signing the multi-agency MOU proposed by the Community, NRC would consider entering into a two-party general MOU with the Community for the purpose of enumerating NRC's responsibilities relative to regulation of the Prairie Island plant in light of the health and safety concerns of the Prairie Island Dakota Indian Community. In addition, the general MOU would describe how the two parties communicate and share information.
The Comrnission has directed the staff to continue to implement the spirit and letter of President Clinton's April 29,1994 executive memorandum to ensure that the rights of sovereign Tribal governments are fully respected and to operate within a government-to-government relationship with Federally-recognized Native American Tribes. As you know, the NRC staff has met with representatives from the Community, including members of the Tribal Council, on several occasions on issues such as the status of dry cask storage activities at the Prairie Island plant. Points of contact have been established between the Community and the NRC staff for information exchange. In addition, the Tribal Council has been placed on standard distribution for the Prairie Island dockets for the plant, the onsite independent spent fuel storage facility and the proposed Goodhue County offsite independent spent fuel storage installaion (ISFSI). As such, the Community has been provided with the Prairie Island plant inspection and effluent reports, meeting notices, general correspondence and enforcement notifications, as well as all communications associated with the proposed offsite ISFSI. The Commission believes that the current mechanisms in place for staff interactions with the Community are appropriate, and does not desire to negotiate a two-party general MOU at this time. However, this letter will serve as an additional commitment that the NRC will continue the cooperative relationship which has been established with the Community.
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C. Campbell, Sr. The second policy issue raised at the meeting was whether the NRC would be willing to extend the Commission's " Policy on Cooperation With States at Commercial Nuclear Power Plants and Other Utilization and Production Facilities" to representatives of the Prairie Island Dakota Community. This policy sets out the general framework for cooperating with States concerning NRC-licensed production and utilization facilities by routinely providing information to the Governor-appointed State Liaison Officer and responding to requests from States in a timely manner. In addition, the policy establishes procedures for qualified State representatives to observe NRC inspections and the general guidance for negotiating an MOU which would allow qualified host States to perform inspections for and on behalf of the NRC. A host State is defined in the policy statement as a State in which the NRC-licensed facility is located. Under the policy, adjacent States are given the opportunity to observe NRC inspections. An adjacent State is defined as a neighboring State located within the 10-mile emergency planning zone of a plant.
The Commission indicated that representatives from the Community, similar to an adjacent State, can observe NRC inspections at the Prairie Island Nuclear Power Plant provided that the Community meets the same NRC requirements as an adjacent State. Under the Commission's policy, a State must satisfy certain requirements to observe NRC inspections and/or inspection entrance and exit meetings. The State representative must be knowledgeable in radiological health and safety matters and, among other things, have made advance arrangements with the licensee for site access training and badging, and must satisfy escort and confidentiality requirements. Enclosed for your consideration is a protocol for State observation which can serve as a model for Tribal observation. The same protocols for a host State apply to an adjacent State (or in your case, Tribal) observer. A request for observation should be submitted to A. B. Beach, Region lil Administrator. If the host State and the Community request observation of the same inspection, the Regional Administrator will make the final determination on the number of observers who may accompany the inspection. James Lynch, Region lli State Liaison Officer, will provide you with further details regarding observations of NRC inspections.
NRC Chairman Shirley Ann Jackson is available to meet with you to discuss the Commission's decision. The NRC looks forward to continuing the positive dialogue which has been established. If you have any questions, please call Mr. Lynch at (630) 829-9661.
Sincerely,
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.T or es ecutive D ctor for Operations
Enclosure:
As stated cc:
Ada E. Deer, Assistant Secretary-Indian Affairs, DOI Larry Morrin, Acting Area Director, BIA-Minneapolis Roger Anderson, Northern States Power Co.
Heather Westra, Community Environmental Services, PilC Krista Sanda, Minnesota Department of Public Service
_. _. _ _. _._. _ _ _ ~ _. - _. _.-_ _ _-. _.._.___._
'. C. C:mpbell, Sr. l The second policy i: sue reised at the mssting was whethir the NRC would be willing to -
extend the Commission's " Policy on Cooperation With States at Commercial Nuclear Power Plants and Other Utilization and Production Facilities" to representatives of the i
Prairie Island Dakota Community. This policy sets out the general framework for I
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cooperating with States concerning NRC-licensed production and utilization facilities by l
routinely providing information to th6 Govemor-appointed State Liaison Officer and l:
responding to requests from States in a timely manner. In addition, the policy establishes the ground rules for qualified State representatives to observe NRC inspections and lays
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out the general guidance for negotiating an MOU which would allow qualified host States to perform inspections for and on behalf of the NRC. A host State is defined in the policy i
statement as a State in which the NRC-licensed facility is located. Under the policy, f
adjacent States are given the opportunity to observe NRC inspections. An adjacent State l
is defined as a neighboring State located within the 10-mile emergency planning zone of a plant.,
The Commission indicat'ed that representatives from the Community, similar to an adjacent State, can observe NRC inspections at the Prairie Island Nuclear Power Plant provided that j
.the Community meets the same NRC requirements as an adjacent State. Under the i
Commission's policy, a State must satisfy certain requirements to observe NRC l
l
., insp'octions and/or inspection entrance and exit meetings. The State representative must 3 be knowledgeable in radiological health and safety matters and, among other things, have i
,made 'advanoe arrangements.with the licensee for site access training and badging, and r
i imdst satisfy escort and confidentiality requirements. Enclosed for your consideration is a j
s protocol for Stata' observation which can serve as a model for Tribal observation. The D
[*, same protocols for a host State' apply to an adjacent State (or in your case, Tribal)
- 4Ar' lobeerver. A, request for observation.should be submitted to A. B. Beach, Region 111 i y (i, Administrator, if the host State and the Community request observation of the sa i
9 + 1nspection, the. Regional Administrator'will make the final determination on the n ber of 1
'. J(vobservers who may accompahy the inspection. James Lynch, Region 111 State saison J
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-f4 ? Officer lwill provide you with further details regarding observations of NRC i pections.
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NRC Chairman Shirley Ann' Jackson is available to meet with you to dis ss the Commissi.on's ' decision: The NRC looks forward to continuing the po sve dialogue which has been established. If you have any questions, please call Mr. Ly h at (630) 829-9661.
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Sincerely, James
. Taylor Execu ve Director for perations
Enclosure:
As state cc:
Ada E. Deer, Assistant Secretary-indian ffairs, DOI Larry Morrin, Acting Area Director, BIA-inneapolis Roger Anderson, Northern States Powpr Co.
Heather Westra, Community Environtpental Services, PilC Krista Sanda, Minnesota Department of Publi'c Service Distnbution: See next page.
DOCUMENT NAME: G:\\ letter 1. sed See previous concurrence.
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C. Campbell,' Sr. !
The second policy issue raise at the meeting was whether the NRC would be willing to p
extend the Commission's " Poli y.on Cooperation With States at Commercial Nuclear Power i.
Plants and Other Utilization and oduction Facilities" to representatives of the Prairie Island i
Dakota Community. This policy ets out the general framework for cooperating with States l
concerning NRC-licensed product n and utilization facilities by routinely providing information to the Governor-appoi ted State Liaison Officer and responding to requests j
from States in a timely manner, in ddition, the policy establishes the ground rules for qualified State representatives to o' erve NRC inspections and lays out the, general j
guidance for negotiating an MOU w 'ch would allow qualified host States to perform i
inspections for and on behalf of the' RC. A host State is defined in the policy statement as.
l a State in which the NRC-licensed fac ity is located. Under the policy, adjacent States are j
given the opportunity to observe NRC hspections. An adjacent State is defined as a neighboring State located wi, thin the 10Lmile emergency planning zone of a plant.
l The Commission indicated that represent tives from the Community, similar to an adjacent
^
i State, can observe NRC inspections at th Prairie Island Nuclear Power Plant provided that I
the Community meets tne same NRC requi ements"as an adjacent State. Under the i
Commission's policy, a State.must satisfy ortain requirements to observe NRC inspections i
and/or inspection entrance and exit meeting. The State representativa r.mt be knowledgeable in ' radio!ogical health and 'saf y matters and, among other things, have made advance'errangements with the license for site access training and badging, and must satisfy escort'and confidentiality require ent's. Enclosed for your consideration is a protocol for State observation which can serve as a model for Tribal observation.- The same protocols for a host State apply to an adjacent tate (or in your case, Tribal) observer. A request for observation should be' submitted to. B. Beach, Region til Administrator. If the host State and the Community request observati n of the same inspection, the Regional Administrator,will make the final determination o the number of observers who may accompany the inspection.' James Lynch, Region i State Liaison Officer, will provide you with further details regarding observations of NRC spections.
NRC Chairman Shirley Ann Jackson is available to m et with you to discuss the Commission's decision. The NRC looks forward to c ntinuing the positive dialogue which has been established. lf you have any questions, plea e call Mr. Lynch at (630) 829-9661.
Since ly, James
. Taylor Executiv Director for Ope tions
Enclosure:
As stated cc: See next page.
Distribution: See next pag.
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he second policy issue rds:d at the m: sting was whether the NRC would be willing to c tend the Commission's ' Policy cn Cooperation With States at Commercial Nuclear Power i
Pl ts and Other Utilization and Production Facilities" to representatives of the Prairie Island l
De ta Community. This policy sets out the general framework for cooperating with States rning NRC-licensed production and utilization facilities by routinely providing c
infor tion to the Governor-appointed State Liaison Officer and responding to requests from S tes in a timely manner. In addition, the policy establishes the ground rules for-
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qualified tate representatives to observe NRC inspections and lays out the general l
guidance f negotiating an MOU which would allow qualified host States to perform inspections r and on behalf of the NRC. A host State is defined in the policy statement as a State in whi the NRC-licensed facility is located. Under the policy, adjacent States are i
given the oppo nity to observe NRC inspections. An adjacent State is defined as a l
neighboring State ated within the 10-mile emergency planning zone of a plant.
l The Commission indi ted that representatives from the Community, similar to an adjacent i
State, can observe NR inspections at the Prairie Island Nuclear Power Plant provided that the Community. meets th same NRC requirements'as an adjacent State. Under the j
Commission's policy, a St e must satisfy certain requirements to observe NRC inspections
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and/or inspection entrance exit meetings. The State representative must be i-knowledgeable in radiological alth and ' safety matters and, among other things, have made advance arrangements wit the licensee for site access training and badging, and must satisfy escort and confidenti 'ty' requirements. Enclosed for your consideration is a draft protocol for State observation, The same protocols for a host State apply to an adjacent State (or in your case, Tribal) bserver. A request for observation should be submitted to A. B. Beach, Region ill Ad ' istrator. If the host State and the Community j
request observation of the same inspectio the Regional Administrator will make the final j
determination on the' number of observers w may accompany the inspection. James Lynch, Region'lli State Liaison Officer, will pro de you with further details regarding j
observations of NRC inspections.
i NRC Chairman Shirley Ann Jackson is available to m t with you to discuss the Commission's decision. The NRC looks forward to con uing the positive dialogue which j.
has been established if you have any questions, please ll Mr. Lynch at (630) 829 9661.
f Sincerely,
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James M. Taylor Executive Director L
for Operations l
Enclosure:
As stated i
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Distribution: See next page.
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The second policy issue raised at the m eting was wh:th:r th3 NRC would be willir,g to extend the Commission's " Policy on Cooperation With States at Commercial Nuclear Power Plants and Other Utilization ard Production Facilities" to representatives of the Prairie Island Dakota Community. This policy sets out the general framework for cooperating with States concerning NRC-licensed production and utilization facilities by routinely providing information to the Governor-appointed State Liaison Officer and responding to requests from States in a timely manner. In addition, the policy establishes proceduren for qualified State representatives to observe NRC inspections and the general guidance for negot:ating an MOU which would allow qualified host States to perform inspections for and on behalf of the NRC. A host State is defined in the policy statement as a State in which the NRC-licensed facility is located. Under the policy, adjacent States are given the opportunity to observe NRC inspections. An adjacent State is defined as a neighboring State located within the 10-mile emergency planning zone of a plant.
The Commission indicated that representatives from the Community, similar to an adjacent State, can observe NRC inspections at the Prairie Island Nuclear Power Plant provided that the Community meets the same NRC requirements as an adjacent State. Under the Commission's policy, a State must satisfy certain requirements to observe NRC inspections and/or inspection entrance and exit meetings. The State representative must be knowledgeable in radiological health and safety matters and, among other things, have made advance arrangements with the licensee for site access training and badging, and must satisfy escort and confidentiality requirements. Enclosed for your consideration is a protocol for State observation which can serve as a model for Tribal observation. The same protocols for a host State apply to an adjacent State (or in your case, Tribal) observer. A request for observation should be submitted to A. B. Beach, Region 111 Administrator. If the host State and the Community request observation of the same inspection, the Regional Administrator will make the final determination on the number of observers who may accompany the inspection. James Lynch, Region til State Liaison Officer, will provide you with further details regarding observations of NRC inspections.
NRC Chairman Shirley Ann Jackson is available to meet with you to discuss the Commission's decision. The NRC looks forward to continuing the positive dialogue which has been established if you have any questions, please call Mr. Lynch at j
(630) 829-9661.
Sincerely, gti$dDM U
James M. Taylp%.TSY Executive Director for Operations
Enclosure:
As stated cc:
Ada E. Deer, Assistant Secretary-Indian Affairs, DOI Larry Morrin, Acting Area Director, BIA-Minneapolis Roger Anderson, Northern States Power Co.
Heather Westra, Community Environmental Services, PilC g
Krista Sanda, Minnesota Department of Public Service Distribution: See next page.
DOCUMENT NAME: G:\\ letter 1. sed "See previous concurrence.
T4 receive a copy of this document, indicate in the bes:
"C" a Copy without attachment / enclosure "E" = Copy with attachment / enclosure
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