ML20198A317
| ML20198A317 | |
| Person / Time | |
|---|---|
| Issue date: | 12/18/1997 |
| From: | Shirley Ann Jackson, The Chairman NRC COMMISSION (OCM) |
| To: | Johnson G NEW MEXICO, STATE OF |
| References | |
| NUDOCS 9801050344 | |
| Download: ML20198A317 (2) | |
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December 18. 1997 The Honorable Gary E. Johnson Governor of New Mexico Santa Fe, NM 87503
Dear Governor Johnson:
In response to your Septe ber 8,1997, request to relinquish New Mexico's authority to evaluate and approve se led source and device (SS&D) applications, I aned tha Nuclear
- Regulatory Commission' staff to prepare a paper on the issue sr., that the Commission could act on your request. After reviewing your proposal and the staffs analysis, the Commission has decided to reassume regulatory authority for SS&D evaluations and approvals within the State of New Mexico, effective January 1,1998. For your information, I have enclosed a copy of the Federal Register notice announcing this change. New Mexico will retain authority to regulate the manufacture and use of sealed sources and devices within the State in accordance with its Section 274b Agreement with the NRC.
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, 9001050344 971218 Ont0M1SG!ED BY POR CONN 8 NRCC CORRESPONDENCE PDR Shirley Ann Jackson
Enclosure:
As stated cc- Benito Garcia, Chief Bureau of Hazardous and Radioactive Materials New Mexico Department of Environment l Distribution:
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%..... PNorry JBlaha em RBangart, OSP CMaupin, OSP GT970679 EDO r/f The Honorable Gary E. Johnson Govemor of New Mexico Santa Fe, New Mexico 8/503
Dear Govemor Johnson:
In response to your September 8.1997, request to relinquish New Mexico's authority to t evaluate and approve sealed source and device (SS&D) applications, I asked the Nuclear Regulatory Commission (NRC) staff to propste a paper on the issue so that the Commission could act on your request. After reviewing your proposal and the staffs analysis, the Commission has decided to reassume regulatory authority for SS&D eva!uations and approvals within the State of New Mexico, effective January 1,1998. For your information, I have enclosed a copy of the Federal Register notice announcing this change. New Mexico will retain authority to regulate the manufacture and use of sealed sources and devices within the State in accordance with its Section 274b Agreement with the NRC.
Your staff may contact Richard L. Bangart, Directer, Office of State Programs, at (301) 415 3340, if they have any questions regarding this matter.
Sincerely, D_ &
Enclosure:
As stated cc: Benito Garcia, Chief Bureau of Hazardous and Radioactive Materials New Mexico Department of Environment
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[7590-01-P)
NUCLEAR REGULATORY COMMISSION State of flew Mexico 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 of New Mexico, d
SUMMARY
- Notice is hereby given that effective January 1,1998, the Nuclear Regulatory Commission ' vill reassume regulatory authority for sealed source and device evaluations and approvals in the Agreement State of New Mexico in response to a request from the Govemor of the State of New Mexico to relinquish this authority.
1 EFFECTIVE DATE: January 1,1998. ._
FOR FURTHER INFORMATION CONTACT: Ms. Cardelia H. Maupin, Senior Project Manager, Office of State Programs, U S. Nuclear Regulatory Commission, Washington, DC 20555, telephone (301) 415-2312, Intemet: CHM @NRC. GOV.
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J SUPPLEMENTARY INFORMATION: Currently, the State of New Mexico has an Agreement !
with the Nuclear Regulatory Cornmission (NRC) which grants the State authority to regulate specific categories of radioactive materials formerly regulated by the NRC. This Agreement was entered into on May 1,1974, pursuant to Section 274b of the Atomic Energy Act of 1954, .
. as amended.
t Recently, the NRC received a letter from New Mexico Govemor Gary E. Johnson . ;
(September 8,1997) requesting relinquishment of the State's authority to evaluate and approve sealed source and devices, and assumption of this authority by NRC. The requested action .
would involve reassertion of regulatory authority by NRC over activities currently regulated by New Mexico pursuant to its Agreement with NRC.
4 The Govemor of New Mexico noted there are two manufacturers in the State and there has been no sealed source and device evaluations conducted since 1988. Govemor Johnson indicated that it would not be cost effective to fund and maintain staff to conduct sealed source and device evaluations.
The Commission has agreed to the request and has notified New Mexico that effective l January 1,1998, the NRC will reassume authority to evaluate and approve sealed source and device applications within the State of New Mexico. The State of New Mexico will retain o
authority to regulate the manufacture and use of sealed sources and devices within the State in accordance with its Section 274b Agreement with the NRC.
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4 Dated at Rockville, Maryland this /A Nd ay of M .1997 ,
. For the i4uclear Regulatory Commission.
John C. oyle, Secretary of the Commission.
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FROM DUE: 10/02/97 EDO CONTROL: G970679 j
DOC DT: 09/08/97 i FINAL REPLY:
Dov rnor Gary E. Johnson Is TO:
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Chairman Jackson t
kORSIGNATUREOF: ** GRN ** CRC NO: 97-0935 i Bangart, SP DESC: ROUTING:
I-SEALED SOURCE AND DEVICE PROCESS Callan Thadani Thompson Norry i
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Burns DATE: 09/19/97 Paperiello,NMSS Collins, NRR ASSIGNED TO: CONTACT:
! SP Bangart 8PECIAL INSTRUCTIONS OR REMARKS:
! SP please acknowledge.
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OFFICE OF THE SECRETARY.
. CORRESPONDENCE CONTROL TICKET PAPER NUMBER: CRC-97-0935 LOGGING DATE: Sep 18 97 ACTION OFFICE: EDO AUTHOR: GARY E. JOHNSON AFFILIATION: NEW MEXICO, GOVERNOR ADDRESSEE: CHAIRMAN JACKSON LETTER DATE: Sep 8 97 FILE CODE:
SUBJECT:
SEALED SOURCE AND DEVICE (SS&D) PROCESS ACTION: Direct Reply ,
DISTRIBUTION: CHAIRMAN, RF SPECIAL HANDLING:
- TO ACK CONSTITUENT:
NOTES: OCM #10264 DATE DUE: Oct 2 97 SIGNATURE: . DATE SIGNED:
AFFILIATION:
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OFFICE OF THE GOVERNOR sten anTa 5ANTA FE, Niv' MEXKo 6?W GARY F. JOHNSON 00% C.A myn: 'n September 08, 1997 ,
Shirley A. Jackson, Ph. D., Chair U.S. Nuclear Regulatory Commission Mailstop 16-G15 Washington, DC 20555
Dear Dr. Jackson:
The State of'New Mexico, under an Agreement with the U. S. Nuclear Regulatory Commission (NRC), implements the regulatory program for by-product radioactive materials in lieu of the NRC.
It is my understanding that when it comes to conducting sealed source and device (SS&D) evaluations, the thirty Agreement States have~ one of three options: (1) Request that NRC conduct the evaluations on a cost reimbursement basis; private contractor conduct the evaluations on a(2) costRequest that a reimbursement basis; or (3) return the SS&D evaluation portion of the Agreement State program to NRC. These options are described in Commission Paper SECY-95-136, dated May 30, 1995, and the All Agreement State Lett - SP-96-116, dated July 25, 1995.
To date, the State of New Mexico has two manufacturers of devices containing radioactive materials. The last time a SS&D evaluation was required was in 1988. It is my opinion that, based on the above, to properly fund and maintain a properly trained staff to conduct SS&D evaluations would not be cost effective. We choose to -take advantage of option #3 and relinquish our authority to Perform SS&D evaluations. Please be advised that we are retaining our authority to license manufacturers, and look forward to working with NRC in the SS&D process.
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- Shirley Ai Jackson,--Ph.D. -
- september 8,_-1997-
- Page Two j If you have any questions regarding our decision, please contact ,
Ben:.to J. Garcia, Chief, Bazardous and Radioactive Materials Bureau within the Environment Department. Mr. Garcia may be reached at ;
(505)827-155'.
Sincerely, M b Gary E. Johnson Governor GEJ/ MEW beg 4
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%,,,,, September 23,1997 The Honorable Gary E. Johnson Governor of New Mexico .
Santa Fe, New Mexico 87503
Dear Governor Johnson:
This is to acknowledge receipt of your letter dated September 8,1997 to Chairman Shirley Ann Jackson regarding the return of the sealed source and device evaluation portion of the Agreemerit State program to the Nuclear Regulatory Commission.
A response is under preparation and will be forwarded to you shortly.
Sincerely, I( At . $44 N4$
Richard L Bangart, Director i Office of State Programs cc: Benito J. Garcia, Chief Hazardous and Radioactive Materials Bureau Department of Environment )
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The Honorable Gary E. Johnson Governor of New Mexico -
Santa Fe, New Mexico 87503
Dear Governor Johnson:
This is to acknowledge receipt of your letter dt.ted September 8,1997 to Chairman Shirley Ann Jackson regarding the return of the sealed source and device evaluation portion of the Agreement State program to the Nuclear Regulatory Commission.
A response is under preparation and will be forwarded to you shortly.
Sincerely, L RT Richard L. Bangart, Director Office of State Programs cc:- Benito J. Garcia, Chief Hazardous and Radioactive Materials Bureau Department of Environment l
Distribution:
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SECY (CRC-97-0935)
PLohaus SDroggitis l New Mexico File DOCUMENT NAME: G:\ JOHNSON.ACK
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Ac' tion: Bangart, SP je'o n ... UNITED STATES . JRef: G970679 y , NUCLEAR REGULATORY COMMISSION Cys: Callan i
WASHIMGTON, D.C. 20$65-0001
- % December 2, 1997 Thompson Norry
%*****/ Blaha cFFICE OF THE Paperiello, NMSS stCarTAny Maupin, SP MEMORANDUM TO: L. Joseph Callan Exe pi Di ctor for Operations
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FROM: Joh . - Ho Secretary
SUBJECT:
STKFF REQUIREMENTS - SECY-97-263 - REQUEST BY NEW MEXICO TO RELINQUISH AUTh0RITY FOR SEALED SOURCE AND DEVICE EVALUATION AND APPROVAL.
The Commission has approved the proposed letter to the Governor of New Mexico and the proposed Federal Reaister notice accepting relinquishment of sealed source and device evaluation and approval authority from the Agreement State of New Mexico, cc: ChairTnan Jackson Cormnissioner 71cus Commissioner Jiaz Commissioner McGaffigan OGC CIO CFO OCA DIG Office Directors, Regions, ACRS, ACNW, ASLBP (via E-Mail)
PDR DCS S5CY NOTE: -THIS SRM, SECY-97-263, AND THE COMMISSION VOTING RECORD CONTAINING THE VOTE SHEETS OF ALL COMMISSIONERS WILL BE MADE PUBLICLY AVAILABLE 5 WORKING DAYS FROM THE DATE OF THIS SRM.
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