ML20198H263
| ML20198H263 | |
| Person / Time | |
|---|---|
| Issue date: | 08/21/1997 |
| From: | Bangart R NRC OFFICE OF STATE PROGRAMS (OSP) |
| To: | Knapp M, Olmstead W, Paperiello C NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS), NRC OFFICE OF NUCLEAR REGULATORY RESEARCH (RES), NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| Shared Package | |
| ML20198H225 | List: |
| References | |
| REF-WM-3 NUDOCS 9709170141 | |
| Download: ML20198H263 (12) | |
Text
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. o yw 4 *, UNITED STATES j.* j* NUCLEAR REGULATORY COMMISSION WAsHINGioN. o,C. 3064&o001
\...../ August 21, 1997 MEMORANDUM TO: William J. Olmstead, Associate General Counsel for Licensin;; and .legulation. OGC Carl J. Paperiello, Director, NMSS Malcolm R. Knapp, Acting Director, RES Thomas T. Martin, Director, AEOD Hubert J. Miller, Regional Administrator, RI Luis A. Reyes, Regional Administrator, Ril A. Bill Beach, Regional Administrator, Rlli Ellis W. Merschoff, Regional Administrator, RlWWCFO Hubert T. Bell, inspector General, OlG FROM: Richard L. Bangart, Director /
Office of Stat. . .up ams M/ld(/ b 4i '
l
SUBJECT:
REVIEW AND COMMENT OF NEW MANAGEMENT DIRC TlVE 5.3, "NRC AND AGREEMENT STATE WORKING GROUPS" Attached for your review and comment is a new draft Management Directive 5.3, "NRC and Agreement State Working Groups." The purpose of this new Management Directive is to describe the steps and process staff should follow in the establishment and use of NRC and Agreement State Working Groups as one mechanism whereby Agreement States are provided early and substantive involvement in NRC activities and also provides Commission direction on this general subject. The basic authority is the Atomic Energy Act of 1954, as amended (42 U.S.C. 2011 et seq.) and COMKC-91 OO7 tmoroving Cooperation with Agreement States, April 11,1991. The draft incorporates comments from NRC co-chairs of NRC and Agreement State Working Groups, internal OSP review and comments from the Office of General Counsel. Draft Management Directive 5.3 is now ready for your review and comment. <
Some f the major features that we would want reviewers to focus on in the document are the steps to be followed to establish an NRC and Agreement State Working Group and to identify Agreement State representatives. Also important is the process to be followed for announcing and holding an NRC and Agreement State Working Group meeting; the documentation that should be prepared of meeting results and commitments; and the process for issuance of invitational travel and reimbursement of Agreement State participant travel expenses.
We would like comments back from the NRC offices 20 working days from the date of distribution. We intend to provide copies simultaneously to the Agreement States for their review.
The contact for this Management Directive is Dr. Stephen N. Salomon. Dr. Salomon can be reached at 415 2368 or e-mail: SNS.
Attachment:
As stated 9709170141 970911 Attachment PDR WASTE
~ HM-3 . .. PDR .
1
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TN: DT To: NRC Management Directives Custodians
Subject:
Transmittal of Directive 5.3, NRC and Agreement State Working Groups
Purpose:
Directive rad Handbook 5.3 is being issued to provide the responsibiEties and procedures staff should follow in the establishment and use of NRC and Agreement State -Working l Groups pursuant to the Atomic Ene.rgy Act of 1954, as amended and l
COMKC-91-007 - Improving Cooperation with Agreement States, ,
April 11,1991.
Omce of Origin: Office of State Programs
Contact:
Stephen Salomon,415-2368 Date Approved:
Volume: 5 Governmental Relations and Public Affairs Directive: 5.3 NRC and Agreement State Working Groups Availability: U.S. Government Printing Office, (202)512-2409 or e-mail internet:amebride@gpo. gov
9 NRC and Agreement State Working Groups L..~.'. . ... .... 1 .. T . ' 2 ' ' *4; . ,.1'. . . ' . . . .: A. . . . . . a _ . . . . . . .
Directive 5.3 l
I l
Volume 5, Governmental Relations and Public Affairs NRC and Agreement State Working Groups !
Directive 5.3 Contents 1
Policy...................................................................
1 Obj ect i ves . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
1 Organizational Responsibilities and Delegations of Authority. . . . . . . . . . . .
1 Th e Co m missio n . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
1 Executive Director for Operations (EDO) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
~
Director, Office of Stak Programs (OSP) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Office Directors and Fegional Administrators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 i
2 A p p li cab il i ty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2 Re fe re n c e s . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
i I
ijj Argyroved: (Draft 8/19/97)
p cs.
i U. S. Nuclear Regulatory Commission
%,,,,,/ Volume: 5 Governmental Relations and Public Affairs OSP NRC and Agreement State Working Groups Directive 5.3 Policy (5.3-01)
It is the policy of the U.S. Nuclear Regulatory Commission to proside Agreement States opportunity for early and substantive involvement in NRC activities, such as the development of new policies, directives and guidance. As authorized under Section 274 of the Atomic Energy Act of 1954, as amended. This management directive describes the steps and process staff should follow in the establishment and use of NRC/ State working groups as one mechanism whereby Agreem:nt States are provided early and substanti ve involvement in NRC activities.
Objectives (5.3 02)
To describe the steps to be followed to establish an NRC/ State working groy.
Organizational Rc;ponsibilities and Delegations of Authority (5.3-03)
The Commission (031)
Approves policy matters related to NRC/ State working groups.
Executive Director for Operations (EDO)
(032)
Provides management oversight of the activities described herein.
mi-- iim
4 Volume 5, Governmental Relations and Public Affairs
' NRC and Agreement State Working Groups
. Directive 5.3 -
i Director, Office of State Programs (OSP) l
- (033) e Makes recommendations regarding the establishment of an NRC/ State working group by any NRC office or region that requests the views and involvement of Agreement State representatives in the development or formulation of any rule, policy, directive, or guidance document, or participation in any special study or any other NRC activity. (a) e Concurs in the establishment of all NRC/ State working groups to help assure appropriate coordination with Agreement States. (b) e Concurs in all charter 'f NRC/ State working group 3 to help ensure efficient and effective purpose, function, and product. (c)
Office Directors and Regional Administrators (034)
- Approve the establishment and use of an NRC/ State working group within their office or region after consulting with the Director, OSR (a) e Concur in all charters of NRC/ State working group for which the NRC office serves as lead. (b)
~
Applicability (5.3-05)
The policy and guidance in this directive and handbook apply to all NRC employees who are responsible for establishing and participating with NRC/ State working groups.
4 References (5.3-06)
Atomic Energy Act of 1954, as amended (42 U.S.C. 2011 et seq.).
COMKC-91-007 -Improving Cooperation With Agreement States, Memorandum from Samuel J. Chilk, Secretary, to James M. Thylor, Executive Director for Operations, and Harold R. Denton, Director, Office of Governmental and Public Affairs, April 11,1991.
' NRC Management Directive 3.5, "Public Attendance at Certain Meetings Involving the NRC Staff."
---_ _ -- __ _ m __ Approved: (Draft 8/19/97)
~
- NRC and Agreement State Working Groups .
I. -- -
Handbook 5.3
(
Volume 5, Governmental Relations and Public Affairs NRC and Agreement State Working Groups Handbook 5.3 Contents NRC and Agreement State Working Groups . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Establishment of an NRC and Agrer, ment State Working Group (A). . . . . . . . . . . 1 Identification of Agreement State Representatives (B) . . . . . . . . . . . . . . . . . . . . . . . 2 Liaison With the Executive Director for Operations (EDO) (C) . . . . . . . . . . . . . . . 2 Announcing and Hc ding Meetings (D) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Documentation of Meeting Results and Commitments (E). . . . . . . . . . . . . . . . . . . . 2 Issuance of I...itational Travel Orders and Reimbursement of Travel Expenses fer Agreement State Representatives (F) . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Distribution of NRC and Agreement State Working Group Reports (G). . . . . . . . 3 l
4 E. __
Volume 5, Governmental Relations and Public Affairs NRC and Agreement State Working Groups
- Handbook 5.3 NRC and Agreernent State Working Groups Establishment of an NRC and Agreement State Working Group (A)
Any NRC office, or division withm an office, after consulting with the l Director of State Programs (OSP), may consider the establishment of i
an NRC/ State working group in order to request th, views and involvement of Agreement State representatives in the development or formulation of any rule, policy, directive, or guidance document, or participation in any special study or any other NRC activity. (1)
The NRC office considering the establishment of an NRC/ State working group (referred to as the " lead NRC office") will identify a specific NRC representative to coordinate activities in the establishment of a working group and to serve as chair. (2)
An Agreement State representative usually will be appointed by the Organization of Agreement States (OAS) to sarve as co-chair after OAS cvnsults with the lead NRC office and the Direct:,., OSR (3)
The NRC chair of the lead NRC office and the Apeement State co-chair, in conjunction with the NRC/ State working group, should prepare a charter for the NRC/ State working group to describe its purpose, function, and desired product. (4)
The lead NRC Office Director, the OAS Chair and Director, OSP, should concur in the charter. (5)
The lead NRC office should coordinate with the Office of the General Counsel to ensure that there is no conflict with the Federal Advisory Committee Act or other statutes or procedures. (6)
Approved: (Draft 8/19/97) 1
]
4 L Volume 5, Governmental Relations and Public Aft' airs i ~ NRC'and Agreement State Working Groups i
- Handhook 5.3 p
l IdentiEcation of Agreement State Representatives (B) l The -NRC lead office, in coordination with the Office of State j Programs, will request the Organization of Agreement States (OAS), '
l through the Chair, OAS, to recommend an Agreement State representative (s) to serve on a particular NRC/ State working group.
l L Unison With the Executive Director for .
l Operations (EDO) (C)
The lead NRC Office Director should keep the EDO info.med of any l NRC/ State working group formed without approval of the I Commission.
i Announcing and Holding Meetings (D)
The NRC co chair should announce ' each meeting, including l- teleconferences, by placing them on the NRC public meeting i
i announcement schedule at least 2 weeks in advance of the meeting and
- on other announcement media, as appropriate (e.g., NRC Bulletin Board, FedWorld, the NRC Public Document Room [PDR), and Office of Public Affairs). A notice announcing the first meeting should be published in the Federal Register. The Notice should identify that future l
meetings will be announced through the NRC public meeting announcement schedule. Subsequent meetings do not need to be l
i anaounced in the Federal Register. Public observers should be able to comment on the issues at the end of the meeting, or at designated times throughout the meeting. For additional guidance, see: NRC i
Management Directive 3.5,"Public Attendance at Certain Meetings Involving the NRC Staff."
! Documentation of Meeting Results and
[ Commitments (E) i The NRC co-chair will ensure that minutes are kept of all meetings.
l' The minutes and accompanying background documents will be placed
- in a unique file in the PDR and distributed to NUDOCS. The unique
- file could be titled "Name of NRC/ State Working Group and the Subject." E-mails, telephone calls, memoranda relating to setting up b meetings or arranging committee business, or similar administrative activities, are not required to be placed in the PDR.
i A PProvedy (Draft 8/19/97)
Volume 5, Governmental Relations and Public Affairs NRC and Agreement State Working Groups Handbook 5.3 Issuance of Invitational 'Ilravel Orders and Reimbursement of'IYavel Expenses for Agreement State Representatives (F)
Travel and per diem expenses for Agreement State representatives participating on NRC/ State working groups will be paid by NRC. The lead NRC office should coordinate with the Director, OSP, on current procedure for invitational travel for State officials and to determin:
how NRC will cover invitational travel expenses.
Distribution of NRC and Agreement State Working .
Group Repor ?3(G)
Final NRC/ State working group reports will be placed in the PDR and distributed to all Agreement States, the Director, OSP, and the Director, lead NRC Office.
J 3
MEMORANDUM TO: Donald A. Cool, Director Division of Industrial and -
mnd Medical Nuclear Safety, NMSS T FROM: John T. Greeves, Director Division of Waste Management, SS
SUBJECT:
REVIEW AND COMMENT DRAFT MANAGEMENT DIRECTIVE 5.3,"NRC A AGREEMENT STATE WORKING GROUPS' In response to your memorandum of A,ugust 28,1997, we reviewed the subject document and have no comments
(% % f,',... . .t- -
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