ML20205M643

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Responds to Requesting Review of Wisconsin Proposed Agreement State Enabling Statutes.Osp Reviewed Proposed Statutes & Based on Review Offers Three Encl Comments
ML20205M643
Person / Time
Issue date: 03/29/1999
From: Lohaus P
NRC OFFICE OF STATE PROGRAMS (OSP)
To: Schmidt P
WISCONSIN, STATE OF
Shared Package
ML20205M647 List:
References
NUDOCS 9904150326
Download: ML20205M643 (3)


Text

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D8 2 S1999 Mr. Paul Schmidt, Chief Radiation Protection Section Bureau of Public Health Department of Health and Family Services P.O. Box 309 Madison, WI 53701-0309

Dear Mr. Schmidt:

This is in response to your December 29,1998 letter requesting a review of Wisconsin's I

proposed Agreement State enabling statutes.

l We reviewed the proposed statutes against the Council of State Governments'" Suggested State Legislation Model Radiation Control Act" and for the legislative provisions that are j

necessary for an Agreement State program. Based on our review, we have three comments, which are contained in the enclosure.

We appreciate the opportunity to review and comment on your proposed enabling legislation.

Please feel free to contact me (301) 415-3340 or Lloyd Bolling at (301) 415-2327, if you have any questions on this matter.

Sincerely, OriginalSigned By:

PAULH.LOHAUS Paul H. Lohaus, Director Office of State Programs

Enclosure:

As stated I

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  • See previous concurrence.

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NAME LBolling:kk:gd:nb FCameron PHLohaus DATE 01/12/99*

02/19/99*

01/13/99*

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WASHINGTON, D.C. ensas wt March 29, 1999 Mr. Paul Schmidt, Chief Radiation Protection Section i

Bureau of Public Health Department of Health and Family Services I

P.O. Box 309 f

Madison, WI 53701-0309

)

Dear Mr. Schmidt:

This is in response to your December 29,1998 letter requesting a review of Wisconsin's proposed Agreement State enabling statutes.

i We reviewed the proposed statutes against the Council of State Governments'" Suggested State Legislation Model Radiation Control Act" and for the legislative provisions that are necessary for an Agreement State program. Based on our review, we have three comments, which are contained in the enclosure.

We appreciate the opportunity to review and comment on your proposed enabling legislation.

Please feel free to contact me (301) 415-3340 or Lloyd Bolling at (301) 415-2327, if you have any questions on this matter.

S'

erely, M)

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Paul H. Lohaus, Dire or Office of State Programs

Enclosure:

As stated

COMMENTS ON WISCONSIN GTATUTES 1.

Section 254.31 (16)

The definition of " source material" is a compatibility category [A] which is an NRC 5

program element that is generally applicable and is needed for common understanding. Your current definition of source material differs from the Atomic Energy Act definition and the definition contained in 10 CFR Part 40.

Action Recuired Revise the definition of " source material" to incorporate the language as noted in 10 CFR Part 40.

2.

Section 254.34 (1)(a)

The language regard.:ng "less stringent than" does not fully reflect current compatibility policy.

Action Recoired Use the words " compatible with"in place of the words "oc !ess stringent than."

3.

Section 254.36 (2)

The reciprocity section refers to Federal licensees.

Action Recuired i t.e the words *non-federal agericy NRC licensees"in place of the words " federal

.mnses" in the last sentence.

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