ML20153E984
| ML20153E984 | |
| Person / Time | |
|---|---|
| Issue date: | 06/08/1988 |
| From: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| To: | |
| References | |
| FRN-53FR21981, RULE-PR-50 PR-880608, NUDOCS 8809070086 | |
| Download: ML20153E984 (9) | |
Text
(7590-01)
NUCLEAR REGULATORY COWilS$10N UNRC l
'88 JN -9 A10:42 COOPERATION WITH STATES AT COMMERCIAL NUCLEAR POWER PLANTSkONEM
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NUCLEAR PRODUCTION OR UTILIZATION FACILITIES; POLICISTATEMENT 1
AGENCY: Nuclear Regulatory Connission.
ACTION: Policy statemer.t.
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SUMMARY
- The Nuclear Regulatory Comunission (NRC) believes that the agency's mission to protect the public health and safety and the environment can best be served by a policy of cooperation with State governments which unites the connon goals of the HRC and the States.
Accordingly, it is the NRC's policy to cooperate fully with State governments as they seek to respond to the expectations of their citizens that their health and safety be protected and that there be minimal impact
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on the environment as a result of activities licensed by the NRC.
In accordance with this policy statement, the NRC will keep Governor-appointed State liaison Officers routinely infonned on matters of interest to the States, and NRC will respond in a timely manner to State requests for infors.ation and State reconnendations concerning matters within NRC's regulatory jurisdiction.
If requested, the NRC will routinely inform State Liaison Officers of public meetings between the NRC and its licensees and appitcants, in order that State representatives may attend as observers, and NRC will allow State observation of NRC inspection activities. The NRC will consider State proposals to enter into instruments of cooperation for State participation in NRC inspection activities when these programs have provisions to ensure close cooperation with NRC. The NRC will not consider State proposals for instruments of cooperation to conduct independent inspection programs of NRC-regulated activities without close cooperation 8809070086 880608
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e with, and oversight by, the NRC.
Tleis policy s'.atement is intended to provide a uniform basis for NRC/ State cooperation as it relates to 'he regulatory oversight of connercial nuclear power plants and other nuclear production or utilization facilities.
Instruments of cooperation between the NRC and the States, appmved prior to the effective date of this policy statement will continue to be honored by the NRC.
The Commission invites interested States, licensees, applicants, and members of the public to connent on the policy before it becores final agency policy. The connent period will expire 30 days following the date of publication in the Federal Register.
The proposed policy will be followed in the interim, except for those paragraphs in the policy statement and Implementation section dealing with State proposals for instruments of cooperation for participation in inspections and inspection entrance and exit meetings. The Consission will not act on these specific types of j
State-proposed instruments of cooperation.until the comment period expires and the policy statement is published as a final policy statement.
DATES: The connent period expires on July 13, 1988.
Connents received after this date will be considered if it is l
practical to do so, but assurance of consideration cannot be given except for connents received on or before this date, ADDRESSES: Mail written connents to the Secretary, U.S. Nuclear Regulatory t
Connission, Washington, D.C.
20555, Attention:
Docketing and Service Branch. Deliver connents to One White Flint North,11555 Rockville Pike, Rockville, Maryland between 7:30 a.m. and 4:15 p.m. Federal workdays.
Connents may also be delivered to the NRC Public Document Room,1717 H Street, N.W. Washington, D.C.
between 7:45 a.m. and 4:15 p.m.
Copies of coments received may be examined at the NRC Public Document Room.
FOR FURTHER INFORMATION CONTACT: Carlton C. Kannerer, Director for State.
Local and Indian Tribe Programs, Office of Governmental and Public Affairs, U.S. ' uclear Regulatory Connission, Washington, D.C.
20555 A
Telephone:
(301)492-0321, or Jane Mapes, Senior Attorney, Division for Rulemaking and Fuel Cycle Office of the General Counsel, U.S. Nuclear Regulatory Consission, Washington, D.C. f;0555, 7 * ^ ne: (301)492-1642.
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3 SUPPLENENTARY INFORMATION:
I. BACKGROUND The Atomic Energy Act of 1954 (the Act) was amended in 1959 to add Section 274, ' Cooperation With States". Section 274 of the Act provides the statutory basis for NRC/ State cooperation in nuclear matters and prescribes the framework for State regulation of certain nuclear ' materials and facilities. The focus of Section 274 is primarily on protecting the public from radiological hazards of source, byproduct, and sp(cial nuclear materials below critical mass. Under Section 274, the Federal Government, primarily NRC, is assigned exclusive authority and responsibility to
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regulate the radiological and national security aspects of the construction and operation of any nuclear production or utilization facility, except for certain authority over air emissions granted to States by the Clean Air Act.
The NRC has had extensive formal and informal interaction with the States throughout its history. The Agreement State Prograr., under Section 274b of the Act, is an example of a formal program where the NRC relinquishes its regulatory authority over certain radioactive materials to the States.
i There are currently 29 Agreement States regulating approximately 65 percent of those licensees nationwide that use or manufacture those types of radioactive material. The Agreement State Program operates.inder two Comission Policy Statements, one for entering into Section 274b agreements and one for periodically reviewing Agreement State radiation contnl programs for adequacy in protecting public health and safety and for compatibility with NRC programs. This policy statement supports continuation of the Agreement State Program and is not meant to affect it.
l This policy statement is not intend (i to affect rights to notice awl t0 participate in hearings granted to States by statute or NRC regulations.
l Under 10 CFR Part 9. Subpart D, the NRC has provided procedures for handling requests for an NRC representative to participate or provide 4
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4 Infonnation in judiciai or quasi-judicial proceedings conducted by States or other courts and agencies.
This policy statement supports these procedures and does not affect them.
Under 10 CFR 50.554, the NRC has recognized the role of the States within the American Society of Mechanical Engineers' Boiler and Pressure Vessel Code (ASMECode) System.
This policy statesent does not affect the State and NRC relationship as laid out in the ASME Code.
The State Liaison Officer Program, established in 1976, provides a focal point in each of the 50 States and the Coninonwealth of Puerto Rico for comunication between NRC and the States. The Governor-appointed State Liaison Officer is intended to be the principal person in the State to keep the Governor infonned c' nuclear regulatory matters of interest to the Governor, to keep other St&te officials infomed of these aatters, and to respond to NRC inquiries.
Other areas in which NRC and States have worked together include environmental monitoring around the premises of nuclear power plant facilities and participation in the Conference of Radiation Control Program Directors, Inc., which addresses radiological health in areas such as diagnostic and therapeutic A-rays, radioactive materials, and other related activities, i
Under Subsection 2741 of the Act, the Consnission is authorized, in carrying out its licensing and regulatory responsibilities, to enter into a Memorandum of Understanding (MOU) with any State to perfom inspections or other functions on a cooperative basis as the NRC deems appropriate.
According to the legislative history of Section 274, Subsection 2741 clarifies the Comission's existing authority under Subsection 161f which enables the NRC to obtain the services of State personnel to perfom functions on its behalf as may be desirable.
MRC has entered into MOUs with several States ur. der Subsection 2741 of the Act. MOUs have helped to facilitate environmental reviews during
5-constructN of nuclear power plants. At one point, there was a perceived need to broaden the basis for fomal cooperative instruments with States under Subsection 2741 beyond that of water quality MOUs. As a result, general or "umbrella' MOUs were negotiated, with subgreements on specific issues such as low-level waste package and transport inspections. Two unique agreements were negotiated with Oregon; one concerning the sharing of proprietary infonnation regarding the Trojan facility and the other covering coordination of the State and NRC resident inspector pro' grams at Trojan. Additionally, the NRC has documented the protocol that States must follow to be pemitted to observe certain NRC activities in "letter agreements."
In recent years States have taken the initiative to monitor more closely
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comercial nuclear power plants and other nuclear production or utilization facilities within, and adjacent to, their State boundaries by becoming better infonned and, in some cases, more involved in activities related to the regulation and operation of those facilities.
It was this increased interest by States to become more actively involved in NRC activities that caused the NRC to re-examine those agreements previously negotiated with States and to detemine a unifonn policy for how future State proposah should be handled.
In developing this policy statement to be used to respond to future State proposals, the Comission, recognizing that the regulatory
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responsibilities assigned exclusively to the NRC by the Act cannot be delegated, has considered:
(1) those activities it deems appropriate for States to conduct on a cooperative basis and are desirable for State personnel to perfom on behalf of the NRC; and (2) its oversight responsibility to ensure that NRC standards, regulations, and procedures are met where State representatives carry out NRC functions. Further, it is the Comission's intention to provide unifomity in its handling of State requests.
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6-II.
STATEMENT OF POLICY It is the NRC's policy to cooperate fully with State governments as they seek to respond to the expectations of their citizens that their health and safety be protected and that there be minimal impact on the environment as a result of activities licensed by the NRC. The NRC and the States have complementary responsibilities in protecting public health and safety end the environment. Furthermore, the NRC is comitted to the full 6'nd timely disclosure of matters affecting the public and to the fair and uniform handling of all agency interactions with the States, the public, and NRC licensees.
According1y, the NRC will continue to keep Governor-appointed State Liaison 1
Officers routinely informed on matters of interest to the States. The NRC will respond in a timely manner to a State's requests for information and its recomendations concerning matters within the NRC's regulatory jurisdiction.
If requested, the NRC will routinely inform State liaison Officers of public meetings between NRC and its licensees,and applicants in order that State representatives may attend as ob':ervers. Additionally, at the State's request, State representatives will be able to obsern specific inspections and/or inspection entrance and exit meetings where State representatives are knowledgeable in radiological health and safety matters.
The Commission recognizes that the involvement of qualified State representatives in NRC radiological health and safety programs has the potential for providing additional safety benefit. Therefore, the NRC will consider State proposals to enter into instruments of cooperation for State participation in inspections and inspection entrance and exit meetings.
State participation in NRC programs would allow qualified State representatives, either individually or as r2 member of a team, to conduct specific inspection activities in accordance with NRC standards, regulations, and procedures in close cooperation with the NRC. State activitie1 will nonnally be conducted under the oversight cf an authorized NRC representative with the degree of oversight dependent upon the activity involved.
In the proposal to enter into an instrument of cooperation, the State must identify those activities for which cooperation with the NRC is desired.
The State must propose a program that:
(1) recognizes the Federal Government, primarily NRC, as having the exclusive authority and responsibility to regulate the radiological and national security aspects of the construction and operation of nuclear production or utilization facilities, except for certain authority over air emissions granted to States by the Clean Air Act; (2) is in accordance with Federal standards and regulations; (3) specifies minimum education, experience, training, and qualification requirements for State representatives which are patterned af ter thost of NRC inspectors; (4) contains provisions for the findings of State representatives to be transmitted to NRC for disposition; (5) would not impose an undue burden on the NRC and its licensees and applicants; and (5) abides by NRC protocol not to publicly disclose inspection findings
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prior to the release of the NRC inspection report.
Consistent with Section 274(c) of the Act, the NRC will not consider State proposals for instruments of cooperation that do not include the elements listed above, which are designed to ensure close cooperation and consistency with the NRC inspection program. As a practical matter, the NRC is concerned that independent State inspection programs could direct an applicant's or licensee's attension to areas not consistent with NRC safety priorities, misinterpret NRC safety requirements, or give the perception of dual regulation.
For purposes of this pol bf statement, an independent State inspection program is orie in which State representatives would
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conduct inspections and assess NRC-regulated activities on a State's own initiative and authority without close cooperation with, and oversight by, an authorized NRC representative.
Instruments of cooperation between the NRC and the States, approved prior to the date of this policy statement will continue to be honored by the i
NRC. The NRC strongly encourages those States holding these agreements to consider modifying them, if necessary, to bring them into conformance with the provisions of this policy statement.
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IMPLEMENT!0N As provided in the policy statement the NRC will routinely keep State Liaison Officers informed on matters of interest to the States.
In general, all State requests should come from the State Liaison Officer to the appropriate NRC Regional Office. The NRC will make every effort to respond as fully as possible to all requests from States for infonnation on matters concerning nuclear production or utilization facility safety within 30 days. The NRC will work to achieve a timely response to State recomendations relating to the safe operation of nuclear production or utilization facilities. State representatives are free to attend as observers any public meeting between the NRC and its applicants and l
licensees. The appropriate Redonal Office will routinely inform State liaison Officers of the st%eduling of public meetings upon request. State requests to observe inspections and/or inspection entrance and exit meetings conducted by the NRC require the approval of the appropriate Regional Administrator.
NRC will consider State participation in inspections and the inspection entrance and exit meetings, where the State-proposed agreement identifies the specific inspections they wish to assist NRC with and provides a program containing those elements as described in the policy statement.
NRC may develop inspection plans along with qualified State representatives using applicable procedures in the NRC Inspection Manual. Qualified State 4
representatives may be permitted to perform inspections in cooperation with, and on behalf of, the NRC under the oversight of an authorized NRC representative. The degree of oversight provided would depend on the activity. For instance. State representatives may be accompanied by 1 NRC l
representative initially, in order to assess the State inspectors' preparedness to conduct the inspection individually. Other activities may be conducted as a team with NRC taking the lead. All enforcement action will be undertaken by the NRC.
l The Connission will decide policy matters related to agreements proposed under this policy statement. Once the Comission has decided the policy I
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on a spcific type of agreenent, similar State-proposed agreements may be approved, consistent with Comission policy, by the Executive Director for Operations in coordination with the Office of Governmental and Public Affairs. A State-proposed instrument of cooperation will be documented in a formal MOU signed by NRC and the State.
Once the NRC has decided to enter into an MOV for State involvemerit in NRC inspections, a formal review, not less than six months after the effective date, will be performed by the NRC to evaluate implementation of the MOV and resolve any problems identified.
Final agreements will be subject to periodic reviews and may be amended or modified upon written agreement by
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both parties and may be tenninated upon 30 days written notice by either party.
Additionally, once State involvement in NRC activities at a nuclear production or utilization facility is approved by the NRC, the State is responsible for meeting all requirements of an NRC licensee and applicant related to personal safety and unescorted access for State 'r'epresentatives at the site.
Qh Dated at Rockville, Maryland, this O
day of duf\\0
, 1988.
For the Nuclear Regulatory Comission
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bamueb. Chi l
Secretary of the Comission l
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