ML20155G614

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Responds to 980701 Request to Relinquish Arkansas Authority to Evaluate & Approve Sealed Source & Device Applications. Commission Decided to Reassume Regulatory Authority for Ss&D Evaluations & Approvals within the State of Ar.Record Copy
ML20155G614
Person / Time
Issue date: 10/23/1998
From: Shirley Ann Jackson, The Chairman
NRC COMMISSION (OCM)
To: Huckabee M
ARKANSAS, STATE OF
References
NUDOCS 9811090126
Download: ML20155G614 (4)


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l October 23, 1998 l

1 The Honorable Mike Huckabee Governor of Arkansas Little Rock, Arkansas 72201

Dear Governor Huckabee:

h in response to your July 1,1998, request to relii.yu:sh Arkansas' authority to evaluate and approve sealed source and device (SS&D) applications, I asked the Nuclear Regulatory Commission (NRC) staff to prepare a paper on the issue so that the Commission could act on your request. After reviewing your proposal and the staff's analysis, the Commissicr, has decided to reassume regulatory authority for SS&D evaluations and approvals within the State of Arkansas, effective October 1,1998. For your information, I have enclosed a copy of the Federal Reaister notice anncuncing this change. Arkansas will retain authority to regulate the 4

manufacture and use of sealed sources and devices within the State in accordance with its Section 274b Agreement with the NRC. I Your staff may contact Richard L. Bangart, Director, Office of State Programs, at (301) 415-3340, if they have any questions regarding this matter.

Sincerely, Original Signed by:

Shirley Ann Jackson Enclosure As stated cc: David D. Snellings, Jr., Director Division of Radiation Control and Emergency Management Arkansas Department of Health i

l Distribution: p l DIR RF DCD (SP08) g EDO RF (G980434) PDR (YES / NO i SECY (CRC-98-0659)

SDroggitis Arkansas File SS&D File DOCUMENT NAME: G:\ LAB \ RESPONSE.VyPD To receh,e a rap r of this document, indicate let the bow *CW C bpy without attachment /ess Maure "E" = Copy with 8ttachment/ enclosure *N' = No copy OFFICE GSP) OSFil$ ) f) OSP:Dfh e DEDR / E,QD OCM l l NAME LABolling':nb PHLodbusG RLBangad MO HLThdih3 son LJCKLfah SAJackson l DATE 09/le/98 09tf0/98 093 0/98 10/2s/98 108/98 10/'J/98 l 9811090126 981023 ,, OSF FILE CODE: SP-AG-3iSP S-2 l PDR COMMS MtCC  !

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k .g,, / October 23, 1998 JBlaha CHARMAN RBangart, SP LBolling, SP G980434 ED0 r/f The Honoratie Mike Huckabee Governorof Arkansas Little Rock, Arkansas 72201

Dear Governor Huckabee:

In response to your July 1,1998, request to relinquish Arkansas' authority to evaluate and approve sealed source and device (SS&D) applications, I asked the Nuclear Regulatory Commission (NRC) staff to prepare a paper on the issue so that the Commission could act on your request. After reviewing your proposal and the staff's analysis, the Commission has decided to reassume regulatory authority for SS&D evaluations and approvals within the State of Arkansas, effective October 1,1998. For your information, I have enclosed a copy of the Federal Reaister notice announcing this change. Arkansas will retain authority to regulate the manufacture and use of sealed sources and devices within the State in accordance with its Eection 274b Agreement with the NRC.

Your staff may contact Richard L. dangart, Director, Office of State Programs, at (301) 415-3340, if they have any questions regarding this matter.

Sincerely, Shirley Ann Jackson

Enclosure:

As stated cc: David C. Snellings, Jr., Director '

Division of Radiation Control and Emergency Managernent '

Arkansas Department of Hea'th Originated by: [LBolling,SP]

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[7590-01 P]

NUCLEAR REGULATORY COMMISSION State of Arkansas Relinquishment of Sealed Source and Device Evaluation and Approval Authority and Reassumption by the Commission AGENCY: Nuclear Regulatory Commission.

ACTION: Notice of Reassumption of Sealed Source and Device Evaluation and Approval Authority from the State ct Arkansas.

SUMMARY

Notice is hereby given that effective October 1,1998, the Nuclear Regulatory Commission reassumed regulatory authority for sealed source and device evaluations and approvals in the Agreement State of Arkansas in response to a request from the Governor of the State of Arkansas to relinquish this authority.

EFFECTIVE DATE: October 1,1998.

FOR FURTHER INFORMATION CONTACT: Mr. Lloyd A. Bolling, Jr., Agreoment State Project Officer, Office of State Programs, U.S. Nuclear Regulatory Commission, Wast,;ngton, DC 20555, telephone (301) 415-2327, Internet: LAB @ NRC. GOV.

-G}.FfwyOR'T'3pp.

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2-l SUPPLEMENTARY INFORMATION: Currentiy, the State of Arkansas has an Agreement with the Nuclear Regulatory Commission (NRC) which grants the State authority to regulate specific L categories of radioactive materials formerly regulated by the NRC. This Agreement was entered into on July 1,1963,' pursuant to Section 274b of the Atomic Energy Act of 1954, as l l

amenced.

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The NRC received a letter from Arkansas Governor Mike Huckabee dated July 1,1998 requesting relinquishment of the State's authority to evaluate and approve sealed source and i

devices, and reassumption of this authority by the NRC. The requested action would involve

! reassertion of regulatory authority by NRC over activities currently regulated by Arkansas pursuant to its Agreement with NRC.

The Governor indicated that specific requests for the Arkansas Radiation Control Program to perform SS&D evaluations had been few (three requests) since Arkansas became I an Agreement State in 1963. He further indicated that no requests for SS&D evaluations were

[- anticipated. The Governor stated that Arkansas is committed to maintaining a high quality ,

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l. regulatory program for radioactive materials. He also indicated that it would be difficult to maintain high quality in an extremely small and unique program area that demands atypical expertise on an infrequent basis and the State could not justify the resources required to p ' perform the evaluations. Based on this, the State requests to relinquish its authority to perform L ' sealed source and device evaluations.

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The Commission has agreed to the request and has notified Arkansas that effective October 1,1998 .he NRC reassumed authority to evaluate and approve sealed source and 0

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l devices within the State of Arkansas. The State of Arkansas will retain authority to regulata the manuf&cture and use of sealed sources and devices within the State in accordance with its 1 Section 274b Agreement with the NRC.

Dated at Rockville, Maryland this bfh day of October,1998.

For the Nuclear Regulatory Commission. l lM' l Annette Vietti-Cook, Acting Secretary of the Commission.

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DUE:'07/2'4/98 EDO CONTROL: G980434 DOC DT: 07/01/98 '

FINAL REPLY:

G v. Mike Huckabee St2t"J of Arkansas

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' Chairman Jackson FOR. SIGNATURE OF : ** PRI- ** CRC NO: 98-0659 '

Chairman.

DESCl ROUTING:

REQUESTING RELINQUISHMENT TO THE, RADIOACTIVE Callan MATERIAL. SEALED SOURCE E DEVICE (SSED) EVALUATION Travers Thompson Norry Blaha DA'TEs 07/15/98 LASSIGNED TO:: CONTACT:

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SPECIAL' INSTRUCTIONS-OR REMARKS:

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OFFICE OF THE SECRETARY CORRESPONDENCE CONTROL TICKET PAPER NUMBER: CRC-98-0659 LOGGING DATE: Jul 14 98 l-ACTION OFFICE: EDO AUTHOR: MIKE HUCKABEE AFFILIATION: ARKANSAS ADDRESSEE: CHAIRMAN JACKSON LETTER DATE: Jul 1 98 FILE CODE: ID&R 15

SUBJECT:

REQUESTING RELINQUISHMENT TO THE RADIOACTIVE MATERIAL SEALED SOURCE AND DEVICE (SS&D) EVALUATION ACTION: Signature of Chairman DISTRIBUTION: CHAIRMAN, COMRS, RF SPECIAL HANDLING: SECY TO ACK CONSTITUENT:

NOTES: pm, S $ p ,)fo s DATE DUE: Jul 28 98 SIGNATURE: .

DATE SIGNED:

AFFILIATION:

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, t y ,, STATE OF ARKANSAS 1 OFFICE OF THE GOVERNOR

'. h State Capitol Mike Huckthee l5 l Latte Rod 72201 Govemor j

July 1,1998 8

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Shirley A. Jackson, Ph.D., Chair a %n l

.U.S. Nuclear Regulatory Commis. ion m 1 Mailstop 16 015 l Washington, D.C. 20555

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Dear Dr. Jackson:

Upon the recommendation of the Arkansas Department of Health, I am requesting relinquishment of the radioactive material sealed source and device (SS&D) evaluation authority and the resumption of this authority by the Nuclear Regulatory Commission (NRC). In order to provide for an orderly transition of this authority, I recommend that an effective date of October 1,1998 be established.

This request is commensurate with your transmittal of State Agreements Program Information Bulletin, SP.95116.

Specific requests for the Arkansas Rr.liation Control Program to perform SS&D evaluations have been few (three requests) since Arl,ansas became an Agreement State in 1963. We anticipate no future requests. Arkansas is committed to maintaining a high quality regulatory program for radioactive materials. However, it'is difficult to maintain high quality in an extremely small and unique program area that demands atypical expertisc on a very infrequent basis and we cannot justify the resources required to perform the evaluations. Therefore, we request that the NRC anume this responsibility.

If you have any questions concerning this request, please contact Mr. David D. Snellings, Jr.,

Director. Division of Radiation Control and Emergency Management, Arkansas Department of Health. He may be reached at (501) 6612301.

, Sine,e ly your Mike Huckabee MH:aw

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