ML20199B956
| ML20199B956 | |
| Person / Time | |
|---|---|
| Issue date: | 09/10/1997 |
| From: | Mcgaffigan E NRC COMMISSION (OCM) |
| To: | Hoyle J NRC OFFICE OF THE SECRETARY (SECY) |
| Shared Package | |
| ML20199B894 | List: |
| References | |
| SECY-97-188-C, NUDOCS 9711190159 | |
| Download: ML20199B956 (2) | |
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- [gm C 'o UNITED STATE 2,
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! c. NUCLEAR REGULATORY COMMISSION
~i j wAsHiNaToN. D.C. 20655
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_ . OFFICE OF THE COMMISSIONER September 10. 1997-
-MEMORANDUM T0: John C. Hoyie. Secretary FROM: Edward McGaffigan, Jr. k M.
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SUBJECT:
SECY-97-188 - FORMERLY LICENSED SITES 10ENTIFIE0 FOR FURTHER INVESTIGATION IN AGREEMENT STATES I disapprove the staff's proposed Option 3 and, instead, approve the implementation of Option 2 for the follow up on terminated sites located in Agreement States that were formerly licensed by the AEC or NRC. subject to the following. I believe that it is important for NRC to continue the same level of detailed file review (but not on-site inspections) of formerly licensed sites. and I offer the following comments regarding further assistance to the Agreement States, for the staff's consideration.
The NRC costs associated with following up oi,terec;nated sites located in Agreement States that were formerly licensed by AEC or NRC are currently funded by NRC licensees through user fees, and, under current law. Federal funds have not been authorized to cover Agreement States' costs associated with remediating these sites. Since an Agreement State could not have reasonably predicted that it would be called upon to follow up on, and possibly, require further remediation of, sites that were regulated and eventually released by the Federal government prior to the State entering into an agreement pursuant to Section 274. I believe that out of considerations of fairness NRC should work more closely with the Agreement States to identify a '
mutually acceptable mechanism to provide Federal assistance to the Agreement States in dealing with these sites.
Therefore, in parallel with implementing Option 2. I believe that the Offices of the General Counsel. Nuclear Materials Safety and Safeguards and State Programs should work with the affected Agreement States to address the formerly licensed sites issues. I suggest that one possible fair and
-equitable solution is for the NRC to submit a legislative package to Congress i
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2 to authorize the funding of the Agreement . State costs associated with the States' follow up to ensure appropriate remediation of formerly licensed ,
sites. The fundin i should come from a general fund appropriation outside the !
NRC fee base so as not to solve one equity problem while creating another by causing NRC licensees to bear the burden of these Agreement State-related costs. The staff should seek input from the Agreement States on the degree to which they would support such an " appropriated funds" approach.2 In sumary. I believe that the staff should pursue Option 2 and, in parallel, work with the Agreement States to identify options that the Comission might, out of fairness considerations. pursue to provide additional assistance to the Agreement States on this issue. When providing such' options to the Comission for its consideration, the staff should also provide any available information regarding the estimated number of sites and Agreement States affected, typical regulatory efforts to ensure appropriate remediation and the associated costs, and any difficulties experienced by NRC and the Agreement States in attempting to require further remediation of these sites, cc: Chairman Jackson Comissioner Dicus Comissioner Diaz E00 OGC OCA CF0 l
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l it is interesting to note that there is a precedent for Congress appropriating funds to l NRC for the benefit of individual States. Specifically, Section 207 of the Uranium Mill Tailings j Radiation Control Act of 1978 authonzed the appropriation of fuads to NRC for the purpose of
- aiding individual States in the development of their regulatory programs which implemented the !
provisions of the Act.
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- [6# [42 UNITED STATES
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.t-NUCLE AR REGULATORY _ COMMISSION WASHINGTON,0 C. 20$55 0001 _
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~S l- November 7,-1997 j atCattamy MEMORANDUM TO: L.! Joseph Ca11an
-Executive Director _for Operations Karen D. Cyr,_ General Counsel 4 ..
FROM:
h Y John C
/s_
Hoyle
- g~f r
/
SUBJECT:
STAFF REQUIREMENTS:'SECY-97-188 - FORMERLY '
-LICENSED SITES IDENTIFIED 1FOR FURTHER INVESTIGATION IN AGREEMENT STATES t
1 The Commission approved the staff *s propesal to revise'its .
appresch for follow-up on formerly licer. sed > sites identified for further investigation in Agreement States by discontinuing ~ :
detailed reviews of license files and impections for sites in Agreement States; referring identified cases directly to Agreement States for follow-up investigation, and to hold the Agreement States responsible for addressing remediation of those sites.where excessive contamination is confirmed by inspection (option 3). To minimize the reporting burden on the States, reports-to the NRC on the status and closecuts of such sites can be.in the--.-form of short summaries or copies'of pertinent ,
correspondence. However, the Commission believes that State actions in these cases should not affect findings of adequacy under the-' Integrated Materials Performance Evaluation Program unless there is a' clear, significant threat to public health and safety resulting from the lack of appropriate _ State action. The staff should make appropriate revisions to the proposed All Agreement States letter addressing this subject.
(EDO)
(SECY Suspense: 11/17/97)
In parallel ~with implementing this decision, the st,aff is Ldirected-to; work with the Agreement States to-identify-a mutually acceptable mechanism to: provide Federal assistance to the
-Agreement States,.-such as a general fund appropriation _outside
-the NRC fee base, in dealing >with.these cases. In that-regard, the staff should consider how similar funding was made-available to_ Agreement States"in the Uranium Mill Tailings Radiation Control:Act ofi1978._and, seek input from the Agreement States on
=SECY NOTE:- This SRM,-SECY 97-188, and the Commission Voting Record will be_made publicly available 5 working days from the date of the final SRM.
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the degree to which they would support such_an " appropriated funds" approach. When providing to the Commissionsany options that the NRC should consider-in providing. additional. assistance.
.to the Agreement States.on this-issue, the staff.should also
-provide any available information regarding the estimated number ,
of sites and_ Agreement Stat _es affected, typical-regulatory-efforts toLensure appropriate.remediation and the~ associated costs,_and;any-difficulties experienced by NRC and the Agreement States in attempting to require further remediation of these sites. .
~ (EDO/OGC) '
(SECY Suspense: ~ 1/12/98) :
cc Chairman Jackson
. Commissioner Dicus Commissioner Diaz Commissioner McGaffigan CIO CFO OCA
-OIG Office Directors, Regions, ACRS, ACNW, ASLBP (by E-Mail)
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