ML20202J244
| ML20202J244 | |
| Person / Time | |
|---|---|
| Issue date: | 11/04/1997 |
| From: | Callan L NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | |
| References | |
| SECY-97-263, SECY-97-263-01, SECY-97-263-1, SECY-97-263-R, NUDOCS 9712110092 | |
| Download: ML20202J244 (9) | |
Text
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POLICY ISSUE (Notation Vote)
November 4.1992 SECY-97-263 EQB:
The Commissioners EFQM:
L Joseph Callan l
Executive Director for Operations EUNECI:
REQUEST BY NEW MEXICO TO RELINQUISH AUTHORITY FOR SEALED SOURCE AND DEVICE EVALUATION AND APPROVAL PURPOSE:
To obtain Commission approval to accept relinquishment of sealed source and device (SS&D) evaluation and approval authority from the Agreement State of New Mexico, effective
,lanuary 1,1998.
BACKGROUND:
In Staff Requiremer,is Memorandum (SRM) dated June 30,1995, in response to SECY 95-136,
" Options to improve and Standardize the Evaluation and Approval of Sealed Sources and Devices Manufactured in Agreement States," the Commission approved a process for the voluntary retum of the SS&D evaluation authority from Agreement States. The process indicates that a letter from the Governor of the State requesting relinquishment of the SS&D evaluation and approval authority and assumption of the authority by the NRC should be submitted to the Chairman. The request from the Govemor would serve as the basis of NRC action and no detailed supporting basis or rationale is required for relinquishment of SS&D evaluation and approval authority and assumption by the NRC.
In an SRM dated April 10,1996, in response to SECY 96-050, "To Seek Authorization to Accept Relinquishment of Sealed Source and Device Evaluation Authority from the Agreement States of Iowa, North Dakota, and Utah," the Commission approved the assumption of regulatory authority by NRC for SS&D evaluations in these three States.
Contact:
eh H. Maup.n, OSP SECY NOTE:
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The Commissioners 2
In a letter dated September 8,1997, from New Mexico Governor Gary E. Johnson to Chairman Jackson (Attachment 1), the State requested relinquishment of SS&D evaluation authority. The NRC acknowledged the New Mexico request in letter dated September 23,1997, to Governor Johnson from Richard L Bangart, Director, Office of State Programs. Following the process established in SECY 95136, the statt is providing the letter from the Govemor of New Mexicu; i
a proposed response to Govemor Johnson from Chairman '.kson, accepting the Govemor's request; and a proposed notice to be published in the Federal Reaister announcing NRC's intention to reassert SS&D evaluation authority in the State of New Mexico, DISCUSSION:
The Governor of New Mexico, Gary E. Johnson, in his September 8,1997, letter to Chairman Jackson, indicated that the State would like to relinquish its authority to perform SS&D evaluations. The Governor indicated that New Mexico has two manufacturers of devices and the last SS&D evaluation was perfonned by the State in 1988. Govemor Johnson stated that, based upon this information, it would not be cost effective to fund and maintain trained staff to conduct SS&D evaluations. In addition, the Governor indicated that New Mexico would retain authonty to license manufacturers.
The staff has drafted a proposed response to Governor Johnson from Chairman Jackson, accepting the State's request, Attachment 2. In accordance with SECY-95-136, an effective date is proposed, January 1,1998, for the relinquishment of SS&D evaluation and approval authority by the State of New Mexico and assumption by the NRC. The staff believes this proposed date will provide for an orderly transfer of authority.
The staff also has drafted a proposed notice to be puolished in the Federal Reaister announcing NRC's intention to reassert SS&D evaluation authority in New Mexico, Attachment
- 3. The effective date of January 1,1998, is identified in that notice.
RESOURCES:
The State of New Mexico became an Agreement State on May 1,1974. Since becoming an Agreement State, the staff notes that ine State has submitted 16 SS&D sheets to the national registry. These sheets were issued during the period January 1,1975, to March 1,1988.
Since only a small number of SS&D evaluations were conducted by New Mexico in the past and no recent applications have been realved, NRC resumption cf regulatory authority will have essentially no resource impacts at this time.
RECOMMENDATIONS:
The staff recommends that the Commission approve the letter to the Governor of New Mexico and the proposed Federal Reoister notice.
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l' The Commissioners 3
NOTE
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Upon Commission approval of the above actions, the staff will recommend to the New Mexico i
Agreement program that they provide public notice of this action to their licenseet.
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COORDINATION:
The Office of General Counsel has no legal objection to this paper. Additionally, the Office of the Chief Financial Officer has reviewed this Commission Paper for resource implications and has no objections, k
4 L.;l seph Callan e
Executive Director l
for Operations Attachments: 1.
Letter from Govemor of New Mexico 2,
Proposed Response to Govemor of New Mexico 3.
Proposed Federal Reaister Notice
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SECY NOTE:
Commissioners' comments or consent should be.provided directly to the Office of the Secretary by c.o.b. Monday, November 24, 1997.
commissioner staff office comments, if any, should be submitted to the Commissioners NLT November 17,'1997, with an information copy to the Office of the Secretary.
If the paper is of such a 1
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' nature that it requires _ additional review and-comment, the Commissioners and the Secretariat should be apprised of when comments may be expected.
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sw OFFICE OF THE GOVERNOR STATE CANTOL SANTA FE, NET MEXICO 6303 GARY E.J01INSON (505) 827 3000 covrason 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) Request that a 4
cost reimbursement basis; or (3) return the SS&D evaluation portion of the Agreement Etate program to NRC.
These options are described in Commission Paper SECY-95-136, dated May 30, 1995, and the All Agreement State Letter 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 requircd was in 1988.
It is my opinion that, based on the abovs, to properly fund and maintain a properly trained staff to conduct SSED evaluations would not be cost effective.
We choose to -take advantage of option (3 and relinquish our authority to perform SSED evaluations.
Pleace be advised that we are retaining our authority to license manufacturers, and look forward to working with NRC in the SS&D process.
l ATTACHMENT 1
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Shirley A. Jackson, Ph.D.
September-8, 1997 Page Two If you have any Benito J. Garcia, questions regarding our decision, please contact Chief, Hazardous and Radioactive Materials Bureau within the Environment Department.
Mr. Garcia may be reached at (505)827-1557.
Sincerely, l
Gary E. Johnson Governor GEJ/MEWtbeg 4
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4 The Honorable Gary E. Johnson Govemor of New Mexico Santa Fe, NM 87503
Dear Governor Johnson:
In responw to your September 8,1097, request to relinquish New Mexico's authority to evaluate and approve sealed source and device (SS&D) applications, I asked the Nuclear Regulatory Commission staff tu prepare 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 evaluations and approvals within the State of New Mexico, effective January 1,1998. For your information, I have enclosed a copy of the Federal Reaister 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.. Bangart, 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:
Benito Garcia, Chief Bureau of Hazardous and Radioactive Materials New Mexico Department of Environment ATTACHMENT 2
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[7550-01 P]
NUCLEAR REGULATORY COMMISSION State of New Mexico Relingo shment of Sealed Source 1
and Device Evaluation and Approval Authority and Reassumption by the Commission l
l AGENCY: Nuclear Regulatory Commission.
ACTION: Notice of Reassumption of Sealed Source and Device Evaluation and Approval Authority from the State of New Mexico.
SUMMARY
- Notice is hereby given that effective January 1,1998, the Nuclear Regulatory Cammission will reassume regulatory authority for sealed source and device evaluations and approvals in the Agreement State or New Mexico in response to a request from the Govemor of the State of New Mexico to relinquish this authority.
EFFECTIVE DATE: January 1,1998.
FOR FURTHER INFORMATION CONTACT: Ms. Cardelia H. Maupin, Senior Pro!ect Manager,
. Office of State Programs, U.S. Nuclear Regulatory Commission, Washington, DC 20555, telephone (301) 415-2312, Internet: CHM @NRC. GOV.
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1 ATTACHMENT 3 y
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SUPPLEMENTARY INFORMATION: Currently, the State of New Mexico has an Agreement with the Nuclear Regulatory Commission (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.
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.
The Governor 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 Johnton indicated that it would not be cost effective to fund and maintain staff to conduct sealed source and device evaluations.
The Commissi.n has agreed to the request and has notified New Mexico that effective 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 authority to regulate the manufacture and use of sealcd sources and devices within the State h accordance with its Section 274b Agreement with the NRC.
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I Dated at Rockville, Maryland this day of
_.1997 For the Nuclear Regulatory Commission.
l John C. Hoyle.
Secretary of the Commission.
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