ML20153D863
| ML20153D863 | |
| Person / Time | |
|---|---|
| Issue date: | 10/15/1987 |
| From: | Kammerer C NRC OFFICE OF GOVERNMENTAL & PUBLIC AFFAIRS (GPA) |
| To: | Bernthal, Roberts, Zech NRC COMMISSION (OCM) |
| References | |
| NUDOCS 8805090308 | |
| Download: ML20153D863 (17) | |
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s6' "8 UNITED STATES
, ye Nt* CLEAR REGULATORY COMMISslON
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. ,g WASHINGTON, D. C. 20$$$
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/ OCT 151987 MEMORANDUM FOR: Chainnan Zech Comissioner Roberts Comissioner Bernthal Comissioner Carr Comissioner Rogers f FROM:
f Carlton Kamerer, Director /
/ .
(4 State, Local and Indian Tribe Programs
SUBJECT:
MONTHLY SLITP AND REGIONAL REPORT FOR SEPTEMBER 1987 The September 1987 Significant Intergovernmental Activities and Issues Report is enclosed for your information. This Report is the result of the combined efforts of NRC's Regional State Liaison Officers, Regional State Agreement Representatives, and the SLITP staff.
Enclosure:
Significant Intergovernmental Activities and Issues - September 1987 cc: See Distribution List Attached i
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CORRES ONDENCE PDR u
DISTRIBUTION LIST FOR MONTHLY SLITP/ REGIONAL REPORT H. Denton, GPA J. Fouchard, PA J. Shea, IP '
J. Bradburne, CA i V. Stello. EDO W. Parler, OGC S. Chilk, SECY E. Jordan, AEOD H. Thompson, NMSS T. Murley, NRR E. Beckjord, RES W. Russell, ROI J. N. Grace, ROII
- A. B. Davis, R0!!! -
R. Martin, R0!V ,
J. Martin, ROY F. Brenneman, NRR M. Miller, ROI R. Trojanowski, ROII .
R. Lickus, ROIII '
G. Sanborn, ROIV D. Kunihiro, ROY J. McGrath, ROI R. Woodruff, ROII W. Adam, ROIII R. Doda, R0!V J. Horner, ROY 1
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l CONTENTS i
Page I HEADQUARTERS 1 l
Annual All Agreement State Meeting 1 National State Liaison 0,fficers' Mepting i National Congress of American Indians (NCAI) 1 DOE Meeting with States and Tribes 2 REGION I 3 MARYLAND and PENNSYLVANIA 3 Peach Bottom Public Meetings 3 MASSACHUSETTS 3 DestanationofStateliaisonOfficer 3 Pilgrim Restart 3 N,EW YORK 4 NYS-NRC Letter of Agreement Re Cintichem 4 PENNSYLVANIA 4 :
Pennsylvania /NRC Subagreement Effective 9/14/87 4 REGION II 5 NORTH CAROLINA 5 Emergency Preparedness Exercise 5 Meeting with the Triangle J Council of Governments 5 SOUTH CAROLINA 5 Meeting with Senior State Officers 5 Southeast Compact Comnission Meeting 5
CONTENTS (continued)
Page REGION III 7 ILLINOIS 7 ASME and State Resident Inspector Subagreement, 7 Agreement State Six Month Review 7
, IOWA / MINNESOTA / WISCONSIN 7 Emergency Planning - LACBWR 7 !
,'jJCHIGAN 7 ,
Agreement State Inquiry 7 Low-level Waste 8 j HINNESOTA 8 Low-levei Waste 8 OHIO 8 l Notifications to Ohio Public Utilities (PUC) Chairman 8 Fonnation of Cit 17en's Advisory Council 9 MOV Interest 9 REGION IV 10 ARKANSAS 10 Governor Clinton letter 10 IDAHO 10 Radiation Control Program 10 !
LOUISIANA 10 i
i Public Service Comission 10 l l
l i TEXAS 11 l
Low-level Waste 11 1
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CONTENTS (continued)
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l ARKANSAS, KANSAS LOUISIANA. NEBRASKA, OKLAHOMA 11 Central Interstate Waste Compact 11 REGION Y 12 CALIFORNIA 12 Rancho Seco 12 g
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HEADQUARTERS !
Annual All Agreement State Meeting i
The annual All Agreement State meeting was held in Louisville, Kentucky i October 7-9, 1987. The meeting comemorated the 25th anniversary of the !
Agreement State program with Kentucky becoming t1e first Agreement State in i 1962. Presentations were made by Chaiman Zech, J. Nelson Grace, ,
Administrator Region II, Hugh Thompson, Director, NMSS and Carl Kamerer, i Director, State, Local and Indian Tribe Programs, GPA. Governor Martha Layne Collins issued a proclamation declaring October 5-9, 1987 Radiation Protection Week in Kentucky in recognition of the 25th Anniversary. A comemorative '
4 certificate signed by Chaiman Zech and Governor Collins was presented to
) those attending the meeting. At the conclusion of the meeting, the States offered specific coments for NRC consideration which will be fomarded by letter. Examples of issues receiving coment included mixed waste, bonding * '
and surety requirements for materials licensees, radiographer testing, and l NARM regulation. !
National State liaison Officer?' Meeting
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i SLITP hosted a national meeting for the Governor-appointed Stated liaison l
- Officers on September 3-10, 1987 at the Bethesda Hyatt Regency Hotel in 3 Bethesda, MD. All but six states were represented at the meeting, which j' featured presentations by invited State speakers and NRC officials.
Discussions focused un issues such as: emergency preparedness and the bat.k-ground and purpose of NRC's proposed rule State views on coordination of federal, State and local emergency planning procedures State and NRC activi-i ties regarding regulation of nuclear f acilities, national low-level waste i
trends, individual States' experience; in the low-level waste compacting 1 process and NRC's high-level waste program. Also discussed at the meeting ,
! were issues such as power plant aging / life extension, economic incentives for I utilities, the Chernobyl implications report and personal perspectives from i
Harold Denton's visit to the Soviet Union. The meetings offered an excellent j opportunity for State officials to exchange infomation on a broad spectrum of 3 issues - not only with NRC staff, but amongst themselves.
National Congress of American Udians (NCAI) l 1
' Frank Young and Rosetta Virgilic, SLITP and Francis Cameron 0GC attended in Tampa, Florida, the 44th Annual Convention of the National Congress of American Indians and its National Indian Nuclear Waste Policy Comittee
! (NINWPC) on September 21-23, 1987 Senators Daniel K. Inouye (D-MA) and g Daniel J. Evans (R-WA), Chainnan and Vice Chairman, respectively, of the i Senate Indian Affairs Comittee addressed the Convention and urged upon the j delegates more unity regarding each other's problems and needs.
i For the first time in the NCAI's history, high-level nuclear waste siting and transportation issur.s were a subjects discussed on the floor of the Convention. Ben Easterling, DOE, gave a status repon and representatives of
4 affected Tribes discussed their concerns and programs. Russell Jim NINWPC Chairman, repeatedly gave NRC high marks for having recently visited the reservations of the three affected Tribes and for being willing to come to the convention just to listen. The three NRC attendees were invited to stand and were introduced.
The NCAI was to vote on a resolution adopted at its mid-year conference supporting the endeavors of the Western Shoshone Nation to become an affected Tribe under the Nuclear Waste Policy Act of 1982.
DOE Meeting with States and Tribes (S/T)
Rosetta Virgilio, SLITP and Wayne Walker, NMSS attended a tri-annual DOE meeting with S/T in Dallas, Texas on October 1,1987. Items of interest follow:
- 1. Consultative workshops with the S/T and NRC for the purpose of reviewing draft SCPs were discussed. The first is tentatively scheduled for !
January 18, 1988 in New Orleans, with others to follow in February and March. A deadline of October 31 was given to the parties involved to ,
detennine the dates and locations of the meetings. All draft SCPs are to be released simultaneously and the final SCP is expected out by January, 1989.
- 2. DOE presented a legislative update indicating it strongly supported the intent of S.1668, which authorizes an MRS, financial incentives for the host State / Tribe and consideration of the need for a second repository.
- 3. DOE was questioned wnether, in view of the October i deadline it has given Congress to infonn DOE of its decision concerning the direction of the HLW program, they were making good on their corinitment to start up the second round site selection process. DOE representatives said they had not been given any direction to go fonvard with the second round,;
, 4 Questions were raised regan11ng grant money / budget. DOE ran through a
, number of budget scenarios ranging from $725 million to $262 million.
DOE intends to set up a separate neeting to discuss PETT (payments equal to taxes) and financial assistance provisions of the NWPA. Af ter this proposed meeting, DOE would enter into a draft fonnal rulemaking process !
to further dcfine funding language of NWPA. l DOE cortnitted to continue to consult with the S/T on all aspects of the HLW program and thanked the S/T for providing input on their individual l progress as well.
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REGION I MARYLAND AND PENNSYLVANIA Peach Bottom Public Meetings The NRC staff held two public meetings in the Peach Bottom area on September 24, 1987 to hear public coments on the Philadelphia Electric Compaay corrective action plan entitled, "Comitment to Excellence Action Plan." The meetings were held in conjunction with the Harford County, Maryland officials and the York County, Pennsylvania Emergency Management Agency.
Representativos from the two States also attended the meetings. The staff i received approximately fifty coments from the two meetings, most of which opposed the restart of the Peach Bottom facility. A third public meeting in
- the Lancaster County area w'11 be held in the near future. The coments from the Comonwealth of Penn:ylvania and Maryland are expected in October. l MASSACHUSETTS l
Designation of State Liaison Officer
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Governor Dukakis designated the Secretary of Public Safety, who is Charles Barry, as the principal NRC liaison. In the Governor's letter of October 5, !
i 1987 to Bill Russell, he requested that the NRC continue to service any State 1 and local officials in Massachusetts currently designated to receive notifi- '
cations and copies of correspondente to and from the NRC. The Department of Public Safety is responsible for emergency planning for nuclear facilities, and has recently been charged to create a division of nuclear facility safety.
- Pilgrim Restart i At the request of Massachusetts' Assistant Secretary of Public Safety, on i October 8, 1987, the Regional Administrator, members of his staff, and l representatives of NRR met with five Comonwealth of Massachusetts officials 1 to discuss the NRC staff pcsition on emergency planning, plant safety enhance-ments, and management deficiencies with regard to Pilgrim. The State provided Governor Dukakis's position regarding Pilgrim restart, which requests that the NRC conduct adjudicatory hearings on the Pilgrim restart issues, that the State and local emergency plans be approved by the Governor and local
] selectmen, and that a full scale emergency exercise be conducted prior to j restart. Bill Russell reiterated NRC s position that the FEMA EP deficiencies 3 will be addressed along with the other Pilgrim issues prior to restart, and that the staff's current position is to conduct meetings to hear public i i coments in the vicinity of the Pilgrim Station. j i
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-4 NEW YORK NYS-NRC Letter of Agreerent re Cintichem A meeting was held on September 23 between NRC and representatives of New York Departments of Labor and Environmental Conservation to discuss the jurisdiction at the Cintichem site. The agencies agreed that the current jurisdictional boundaries are appropriate; that the Letter of Agreement should not change the jurisdiction of the agencies involved; but that the agencies should improve exchange-of-information on inspection and enforcerent activities. A Letter of Agreement is being drafted to document the issues discussed and will be finalized sometime before the end of the year.
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Pennsylvania /NRC Subagreement Effective 9/14/87 The Subagreement between the NRC and the Commonwealth of Fannsylvania to inspect low-level radioactive waste packages and transportation activities was signed by the Pennsylvania Secretary of the Departner.t of Environmental Resources on September 14, 1987. The State plans to have introductory
! reetings with each of the nuclear power facility licensees operating in Pennsylvania, prior to implementing their inspection program. The site Resident Inspector will be invited to participate in this meeting.
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REGION II NORTH CAROLINA Emergency Preparedness Exercise On September 11-12, 1987, the Region participated in the full scale emergency exercise involving the States of North Carolina South Carolina, the applicable local governments, and the Duke Power McGuire facility. The Region activated a Base Team and deployed a full Site Team. The communications and coordination among the representatives of the two States, the Duke Power Co.,
and the Regional response team were excellent. No major deficiencies were identified by either NRC or FEMA during the exercise.
Meeting with the Triangle J Council of Governments -
On September 8,1987, P. Frederickson, Section Chief, Division of Reactor Projects, and G. Maxwell, Senior Resident Inspector, Shearon Harris, appeared before the Triangle J Council of Governments to discuss NRC's mission, policies, procedures and practices. The Triangle J Council of Government is a recently forced citizen oversight committee having health and safety interests in the operation of the Carolina Power and Light Shearon Harris facility.
SOUTH CAROLINA Meeting with Senior State Officials On September 24, 1987, R. E. Trojanowski, Director, State and Governrent Affairs Staff, met with J. N. M:Millan, Sr., representing the Governor's Office, Mr. R. L. Shaw, Deputy Commissioner, South Carolina Department of Health and Environmental Control and Mr. H. G. Shealy, Chief. Bureau of Radiological Health, South Carolina Department of Health and Environmental Control . Mr. Shealy also serves as the Governor-appointed State Liaison Officer to the NRC. Mr. McMillan is relatively new to his current position in Governor Campbell's Administration and was interested in discussing areas of mutual interest with the NRC.
Southeast Compact Commission Meeting R. E. Trojanowski, Director State and Government Affairs Staff, attended a meeting of the Southeast Compact Commission in Columbia, South Carolina on September 25, 1987. The following is a brief summary of the highlights of this neeting:
- 1. The Executive Director urged the CommiJsion to give serious consideration to the future enforcement of the milestones as specified in the low-Level Radioactive Waste Policy Act Amendments, to include sanctions as appropriate.
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- 2. The Comission agreed that the third host-state be selected, as a minimum and earlier if possible, at least ten years before the scheduled closure of the Regional facility operating under the control of the Comission's second host-state designee.
- 3. The Technical Advisory Comittee recomended to the Comission that in the selection process of the next host-state (the third host-state) the following changes and/or considerations be implemented,
- a. The definitten of 'Potentially Suitable Area' be more precisely defined,
- b. Establishment of a more precise measurement of waste volume by Classification. l
- c. Utilization of the most corrent data available in the selection <
process as opposed to the use of a pre-detemined bench mark '
data base.
- d. Redefining the Regional data base, through the use of a l comprehensive survey /questionaire, to include realistic l projection of waste volumes resulting from decomissioning activities. l
- 4. Consistent with the North Carolina legislation (HB-35) which created a i Low-Leve* Radioactive Waste Management Authority, the compact statute language will have to be revised in each of the membership States' laws to incorporate Comission approved revisions. l
- a. To Itmit the required operation time of a Regional facility to 32 million cubic feet or 20 years, whichever occurs first;
- b. To limit the right of party States to withdraw from the Compact
to 30 days after the second host facility begins operation.
The North Carolina compact statute language has been amended to call for the withdrawal of North Carolina from the Southeast Compact unless all other membership State legislatures enact essentially the same language by December 31, 1988, and Congress contents by December 31, 1992.
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o REGION III ILLINOIS I
ASME and State Resident Inspector Subagreements On September 8,1987, representatives of the EDS's Office, NRR, GPA, OGC, and Region III met in Headquarters to review progress on the proposed Illinois ASME Code Inspection Subagreement and to discuss policy relative to a request from the Illinois Department of Nuclear Safety (IDNS) to pursue a State Resident Inspector Subagreement. As a result of this meeting, a separate meeting has been scheduled with IDNS representatives on October 13 and 14, 1987 in Springfield, Illinois to discuss the IDNS proposed changes to the ASME Code Subagreement and to gain an understanding of what IDNS's intentions and expectations are relative to the Resident Inspector Subagreement.
Agreement State Six Month Review An orientation meeting with the Illinois Agreement State Program occurred during the week of September 28, 1987. This meeting is an inforwal one designed to assist the State in its start-up of the Agreement Program. The initial review of the program is tentatively scheduled for November 30. -
December 11, 1987. ,
IOWA / MINNESOTA / WISCONSIN Emergency Planning - LACBWR The States of Iowa, Minnesota, and Wisconsin recently received deficiency letters from the Federal Emergency Management Agency regarding exercise and emergency planning deficiencies for the Lacrosse nuclear power plant.
Representatives from both Iowa and Wisconsin contacted Region III to solicit NRC's opinion on the need for addressing FEMA's concerns given that the plant has been shut down permanently, and fuel was removed from the reactor vessel in preparation for decommissioning. On September 30, 1987, Region III transmitted a copy of a letter from the EDO to FEMA stating the opinion that the pursuit of corrective actions and further upgrading of the offsite plans are not warranted due to the status of the facility.
MICHIGAN Agreeeent State Inquiry On September 29, 1987, Region III received an inquiry from the Michigan Senate Fiscal Agency on the NRC's Agreement State Program. This agency is considering the cost / benefit of becoming an Agreement State, which would be required under pending low-level radioactive waste siting legislation.
Low-level Waste i
At a September 30, 1987 Midwest Compact Comission meeting, Michigan Compact i Comissioner David Hales advised the Comission that, based upon the opinion of the Michigan Attorney General, the state would not sign a Host State Agreement that has been under negotiation for a number of months. Michigan does intend to pursue other means by which they can obtain Comission comitments which would allow the State to continue to fulfill its host state responsibilities as a member of the Compact. These other means would include amendments to the Compact itself and fonnal policy statements by the Comission.
MINNESOTA Low-level Waste .
Thomas Kalitowski, Minnesota Comissioner to the Midwest Compact Comission and present Chainnan has been appointed to a judgeship on the Minnesota Court of Appeals. The Chair will fall to the current Vice-Chair, Teri Vierema of Wisconsin. It is anticipated that Ms. Vierema will assume her new duties at the next meeting.
OHIO Notifications to Ohio Public Utilities (PUC) Chainnan
' As a result of a recent meeting between Thomas Chema, Chaiman, Ohio Public Utilities Comission and NRC Chairman Lando Zech, Jr., Region !!! began on l September 18, 1987 making additional notifications to Mr. Chema of events occurring at either the Davis-Besse or Perry nuclear power plants.
i Mr. Chema requested to Chairman Zech that he be notified of all significant events that are of media interest at both the Davis-Besse and Perry nuclear power plants in a timely manner. As a result, the Chairman Ohio PVC will be notified of the following at Davis-Besse or Perry:
- 1. All Emergency classified events.
- 2. All events which may result in either a PN or Press Release (either by i
the utility or the NRC), and particularly:
- a. Any incident requiring off-site response (i.e. police, fire, ambulanceservices),
- b. Any plant trip with complications (i.e. Septeft.ber 6, 1987 a
Davis-Besse Reactor Trip with Multiple Equipent Failures),
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. 9 i Fomation of Citizen's Advisory Council ;
Public Utilities Comission of Ohio (PUCO) Chairman Thomas Y. Chema, announced on September 1, 1987, that he has established a Citizen's Advisory Council to assist the PUC0 with nuclear safety issues.
The council will also provide input to the PUC0 and the Disaster Services Agency on appropriate safety oversight of the Perry Nuclear Power Plant and the Davis-Besse Nuclear Power Plant in the areas of design, operations and emergency planning.
The core group, whose members include Mr. Russell Bimber, Chemist; Mr. Nelson Harper, Executive Director of the Catholic Conference of Ohio; Ms. Susan Hiatt, Ohio Citizens for Responsible Energy; Mr. Robert Kidney, '
President State Building Trades Association; Mr. John Mountain, Battelle
. Memorial Institute; Mr. Darrell Opfer, Ottawa County Comissioner; and -
Dr. Thomas R. Webb. Executive Vice President, URS Corporation, met on l
September 25, 1987, to discuss the council's function and to recomend the
- addition of other members to the council. Several technical resource persons will be named to provide information to the council. The NRC's seeming lack of appropriate oversight was given as the reason for the femation of the council.
! HOU Interest I On September 23-24, 1987 the Region !!! Chief of State and Government Affairs i
met with various representatives from the State of Ohio to primarily discuss j the formulation of Memoranda of Understandirg (MOU) and other agreements j
between the State of Ohio and the NRC. Those in attendance at the meeting '
included: Thomas Chema, Ohio Public Utilities Comission; Gary Holland, Office
- of the Governor; Ed Hopkins, Office of the Governor; Jim Williams, Ohio State liaison Officer; Ken Cole Ohio Disaster Services Agency; Robert Quillan, Ohio -
Radiation Control Program Director; Ben Wilmoth. Ohio Health Department; and
- Andrew Grandjean, Ohio Public Utilities Comission. ,
General information was presented on the types of MOU's and agreements that i have been developed in the past and the history of negotiations with the State t
of Ohio were discussed. Negotiations on an umbrella MOU and a cubagreement on Low-Level Waste packaging and transportation inspections were approximately j
90% completed two years ago, when it was decided by Ohio to postpone the process. Those present expressed particular interest in restarting this process. Mr. Chema seemed particularly interested in a letter of agreement which would allow State attendance at enforcement conferences and State accompaniment on NRC inspections.
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REGION IV ARKANSAS Governor Clinton Letter In early September, the Commission received a letter from Governor Clinton expressing concern about "the erosion of public confidence in the ability of the Nuclear Regulatory Commission to safeguard the public adequately from the dangers of nuclear power plant accidents." The governor listed a series of developments to support his statement and urged the NRC to address the concerns of the Union of Concerned Scientists about Babcock & Wilcox plants.
As the month closed, the agency was drafting a response to the governor's letter. -
IDAHO Radiation Control Frogram The NRC began discussions with Idaho, an Agreement State, about the impact caused by the departure of both of its radiation control specialists (the second resigned effective October 2). Their departure leaves the state with no expertise of this type within the Division of Environment which is respon-sible for the Agreement State program. State officials estimate that it will take 30 to 60 days to hire experienced replacements. While the division's routine work will not be conducted during this period (unless a consultant is hired), radiological emergency support to the division is available through an agreement with the Idaho National Engineering Laboratory. NRC will provide limited technical assistance io the state to meet its programmatic responsi-bilities during the hiring period and will provide priority training when replacement personnel are on board. t LOUISIANA Public Service Commission In response to a subpoena from the Louisiana Public Service Conmission (PSC),
the Office of General Counsel has had discussions with the PSC staff and has offered to provide an NRC representative to describe the NRC's re-evaluation of the Reed Report. The PSC has requested a witness to provide testimony at its prudency hearings on the River Bend plant. NRC staff previously met with officials of the Louisiana Department of Environmental Quality to discuss the Reed Report.
11 j:XAS Low-level Waste On September 21, NRC was represented at a meeting in Mexico City, Mexico, at which the plans of the Texas Low-Level Radioactive Waste Disposal Authority were discussed. Mexican officials have been discussing the authority's activities with U.S. and Texas officials under the terms of a U.S.-Mexico agreement on environmental matters. NRC was asked to attend the recent meeting to explain U.S. policy and regulation for low-level waste disposal.
Another meeting is planned to take place in El Paso, Texas, in late October.
ARKANSAS, KANSAS, LOUISIANA, NEBRASKA, OKLAHOMA Central Interstate Waste Compact
Low-Level Radioactive Waste Compact met in Little Rock, Arkansas in September and agreed on the factors to be considered in selecting a host state for that region. The selection of a host state is scheduled for November 16 in New Orleans.
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REGION V CALIFORNIA Rancho Seco The Rancho Seco nuclear power plant has becore the center of increasing public debate. The future status of the Rancho Seco facility as well as the Sacramento Municipal Utility District (SMUD) hinges on the outcone of decisions which will be made either by the SMUD Board of Directors, or poss'.ble referenda.
In response to a request by SMUD for proposals to supply power to SMUD, approxirately 50 proposals have been received by the utility. Among the many proposals are: an offer to purchase SMUD and shutdown the Rancho Seco facility; an offer to form a holding company to buy ell of SMUD's generating units. -
including Rancho Seco, and sell power to SMUD; offers only to sell power to SMUD; and an offer to convert Rancho Seco to a natural gas fired plant. The specific proposal by the Pacific Gas and Electric Company (PG&E) to purchase SMUD and decommission Rancho Seco was the subject of a legislative hearing on October 6,1987. A number of organizations appeared before the Assembly Utilities and Commerce Committee to express their views regarding the PGAE proposal . These organizations represented a cross section of interested parties. Except for PG&E, the overall thrust of their comments, can be best characterized as neutral or against the sale of SMUD to PG&E. Of particular note was the response of Gary Hirsch, representing Sacramentians for Safe i Energy (SAFE), who specifically stated that nis organization was neutral on the PG&E purchase proposal. SAFE is the organization sponsoring the
- initiative that would terminate the operation of Rancho Seco.
Martin Halsch Deputy General Counsel for Licensing and Regulation, and Greg Cook, Region Y Public Affairs Officer, appeared before the Committee, at their request, to answer questions regarding the Rancho Seco restart program,
decommissioning costs, and license transfer.
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