ML20155F859

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Responds to 860318 Request for NRC to Reassert Regulatory Authority Over Milling & Tailing Activities.Discussions Being Held W/State of Nm Environ Improvement Div Re Transition Arrangements
ML20155F859
Person / Time
Issue date: 04/14/1986
From: Roberts T
NRC COMMISSION (OCM)
To: Anaya T
NEW MEXICO, STATE OF
Shared Package
ML20155F863 List:
References
NUDOCS 8604250179
Download: ML20155F859 (2)


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Apri1 14 1986 CHA AN The Honorable Toney Anaya Governor of New Mexico Santa Fe, New Mexico 87503

Dear Governor Anaya:

-We are in receipt of your letter of March 18, 1986 requesting that the NRC reassert its regulatory authority over uranium milling activities and the resultant tailings in the State of New Mexico. We regret that you feel this step necessary, but we will act as rapidly as possible to respond to your request.

As you suggested, NRC staff is holding discussions with the staff of the New Mexico Environmental Improvement Division concerni-ansition arrangements.

Although we are not aware of any thorium recovery activities in New Mexico, we are assuming that your request includes thorium and will consider your

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request accordingly, since thorium is included with uranium as a category of material in the Uranium Mill Tailings Radiation Control Act of 1978. We must also deal with mill sureties and how to assure that the S. tate's mill tailings perpetual care and monitoring fund will be preserved for this purpose.

In addressing your request, we will do our best to meet the May 1, 1986 date mentioned in your letter, but the timing is very tight and it is unlikely that this date can be met.

In order to avoid a regulatory hiatus, New Mexico should continue to exercise aurhority and responsibility over uranium milling and tailings until a mutually agreeable date is reached for termination of ttt agreement. We can provide a delay in the time from our formal response to vour termination request until the effective date when Commission authority is resumed if this would be useful to you in notifying licensees and transferring files to our Uranium Recovery Field Office in Denver. As our staff discussed with Ms. Fort on March 31, 1986, we believe it is important to strive for a smcoth transition so that any uncertainties regarding the status of licensed operations are

  • eliminated.

I am sure that is our mutual objective.

We will contique to work with your staff to complete the necessary actions.

Mr. G. Wayne Kerr, Director of our Office of State Programs, is designated as our point of contact in the event there are any questions.

8604G0179 860414 PDR COMMS NRCC CORFtESPONDENCE PDR

j The Honorable Toney Anaya 2

We appreciate the cooperation the State of New Mexico has provided over the years and look forward to a continuing cooperative relationship under the remaining portion of the Agreement State Program.

Sincerely,

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4T cinas M. Roberts Ac. ting Chairman cc: Ms. Denise D. Fort EID Dir., N.M.

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