ML20203K629
| ML20203K629 | |
| Person / Time | |
|---|---|
| Issue date: | 02/20/1998 |
| From: | Bangart R NRC OFFICE OF STATE PROGRAMS (OSP) |
| To: | Cameron F NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| References | |
| NUDOCS 9803050165 | |
| Download: ML20203K629 (4) | |
Text
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.- e EEB 2 01398 MEMORANDUM TO: Francis X. Cameron, Deputy Assistant General Counsel and Special Counsel for Public Liaison and Agreement State Programs Office of the General Counsel FROM: Richard L. Bangart, Director 0@TlSigned By Office of State Programs RICHARD L BANGART
SUBJECT:
REQUEST FOR INTERPRETATION OF 10 CFR 30.12 We recelved the attached letter from Mr. Donald A. Flater, Chief of the Iowa Bureau of Rad;ological Health. He is requesting an NRC interpretation of the Atomic Energy Act as it applies to the exemption from licensing granted to DOE and NRC prime contractors and subcontractors in 10 CFR 30.12. We are requesting your assistance in preparation of the interpretation requested by Mr. Flater (please see last paragraph of his letter).
Lloyd Bolling is the OSP staff contact and may be reached at 415-2327 or by e-mail address LAB.
Attachment:
, As stated
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MEMORANDUM TO: Francis X. Cameron, Deputy Assistant General Counsel and Special Counsel for Public Liaison and Agreement State Programs Office of the General Counsel FROM: Richard L. Bangart, Director Office of State Programs f
SUBJECT:
REQUEST FOR INTERPRETATION OF 1,!CFR 30.12
/
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We received the attached letter from Mr. Donald A. F!ater, Chief9f the Iowa Bureau of Radiological Health. He is requesting an NRC interpretation of pio Atomic Energy Act as it applies to the subject regulation based exemption from liceasir$ granted to DOE and NRC prime contractors and subcontractors. We are requesting yo r interpretation of this letter in order to provide a response to Mr. Flater, Lloyd Bolling is the OSP staff contact and may be reac d at 415-2327 or by e-mail address LAB.
Distribution:
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_a UNITED STATES s }t NUCLEAR REGULATORY COMMISSION
, WASHINGTON, D.C. 3004H001
%,j,,,/ February 20, 1998 MEMORANDUM TO: Francis X. Cameron, Deputy Assistant General Counsel and Special Counsel for Public Liaison and Agreement State Programs Office of the General Counsel FROM: Richard L. Bangart, Director -
/
Off;ce of State Programs '/ \ /( [/fI [ /s. ( 5- Ai
SUBJECT:
REQUEST FOR INTERPRETATION OF 10 CFR 30.12 We received the attached letter from Mr. Donald A. Flater, Chief of the Iowa Bureau of Radiological Health. He is requesting an NRC Interpretation of the Atomic Energy Act as it applies to the exemption from licensing granted to DOE and NRC prime contractors and subcontractors in 10 CFR 30.12. We are requesting your assistance in preparation of the interpretation requested by Mr. Flater (please see last parayaph of his letter).
Lloyd Bolling is the OSP staff contact and may be reached at 415 2327 or by e-mail address LAB.
Attachment:
As stated J
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- 4 .
EXECUTIVE TASK ..
MANAGEMENT SYSTEM
<<< PRINT SCREEN UPDATE FORM >>>
TASK # - 8S-29 DATE- 02/10/98 ttAIL CTRL. - 1998 TASK STARTED - 02/10/98 TASK DUE - 03/10/98 TASK COMPLETED
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TASK DESCRIPTION - LTR. TO R. BANGART FROM D. FLATER - RE INTERPRETATION OF EXEMPTION CONTAINED IN 10 CFR 30.12 REQUESTING OFF. - IA REQUESTER - FLATER WITS - 0 FYP .
- N PROG.- LAB PERSON - STAFF LEAD - LAB PROG.
AREA -
PROJECT STATUS - OSP DUE DATE: 03/10/98
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NEEDS TO GO TO OGC FOR LEGAL OPINION.
PLANNED ACC. -
N LEVEL CODE - 1 4
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- 'hC:p CSPb7f pag 2-ppL
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STATE OF j, jQ d I W.A TERRY E, BRANSTAD, GOVERNOR DEPARTMENT OF P'JDLIC HEALTH CHRISTOPHER G ATCHISoN. DIRECTOM January 30,1998 u>
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Richard L Bangart, Director $
Office of State Programs (03D23) u 37 US Nuclear Regulatory Commission n washington,DC 20555 P
Dear Mr. Bangart' S We have recently begun to look very closely at an exemption contained in our rules. This exemption, required to maintain findings of compatibility during NRC reviews is the same as that contained in 10 CFR 30.12. This rule exempts,in general, the U.S. Department cf Energy and its prime contractors from licensing requirements, in attempting to understand the exemption, we have looked closely at its history. We 1 ave, to this point, been unable to find anything similar to the " Statements of Consideration" contained in the Federal Register when proposed changes are published today. We then turned to the Atomic Energy Act of 1954 (as amended) [the Act] and the Energy Reorganization Act of 1974.
The Energy Reorganization Act created the Energy Research and Development Administration (ERDA) which later became the U.S. Department of Energy (DOD, and the NRC. It also transferred the licensing authority, originally held ty the Atomic Energy Commission, in addition,it transferred to ERDA the NON licensing activities of the AEC.
Section 101 of the Act describes those situations in which a license is required. It excepts the authorization in Section 91 of that same law.
Section 91 of the Act grants authority to "the Commission" to "... conduct Experiments and do research and development work in the military application of atomic energy..." and " engage in the production of atomic weapons or atomic weapons pan. ..." The word " Commission is defined as the AEC which by extension oflogic means DOE. ;
1 It appears that NRCgranted the exemption of 30.12 in response to this part of the Act. It is our ,
opinion that if the DOE, or one of its prime contractors,is NOT engaged in one of the items !
described in Section 91, the exemption does not apply. l We are, therefore, considering changing the wording of our exemption to, "Any U.S. l Department of Energy contractor or subcontractor and any U.S. Nuclear Regulatory l Commission contractor or subcontractor ... operating within this state gnd_tngaged in the petivities described in Sect _ ion 91 of the Atomic Energy Act of 1954 (as amended) is exempt from these rules...." j l
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1 LUCAS STATE OFFICE BUILDING / 321 E 12TH ST. / DES MOINES. IOWA SO3 i 9 0075 DE AF RELAY (HEAMING OR SPEECH IMPAIRED) 1 800-735 2942/ INTERNET: HTTP://IDPH,$ TATE l A.US/
FAMILY C: Comu, HE ALTH HEALTM PROTECTION PLANNING & ADMINISTR ATiON SUBSTANCE ABust & HE ALTM PmOMOYvoN DIPsCY" m 's Orrect l' 015 281 3931 515 281 5643 515 281 5787 515 281 3641 515-261 5604 fax /515 242 6384 fax /515 2814529 fax /515 2014958 F A1/515-281 4535 fan /515 2014458
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t Bangart 1/30/98 Page 2 for purposed of our edification, please pmvide NRC's interpretation of the exemption contained in 10 CIR 30.12 and the " Statements of Consideration" describing the purpose for the exemption. We also request that the interpretation include the reasons for the exemption, the historical situation pmmpting the exemption and a detailed explanation of to whom the exemption applies.
if you have any questions or comments, please contact me.
Sincerely, Donald A.Tlater, Chief
- Bureau of Radiological Health 515 281-3478 - Office 515 242 6284 TAX dflater@idph. state.ia.us DAT/Ir