ML20207E044

Responds to 880707 Request That Commonwealth of Ma Be Afforded Opportunity to Provide Addl Observers at NRC Integrated Assessment Team Insp of Plant.Second Observer Can Be Provided by Commonwealth

ML20207E044
Person / Time
Site:	Pilgrim
Issue date:	08/04/1988
From:	Zech L NRC COMMISSION (OCM)
To:	Dukakis M MASSACHUSETTS, COMMONWEALTH OF
Shared Package
ML19318F111	List: ML20207E044 ML20207E050
References
NUDOCS 8808160370
Download: ML20207E044 (5)

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1. ' , ,% UNITED STATES

,E *S , ,. $j NUCLEAR REGULATORY COMMISSION [h N

) $ . Vv ASHINGTON, D. C 20555 August 4, 1988

,4...,,..f l

CHAIRMAN ,

The Honorable Michael S. Dukakis Governor of Massachusetts Boston, Massachusetts 02133 l

Dear Governor Dukakis:

I am responding to your July 7, 1988, letter requesting that the Comonwealth of Massachusetts be afforded the oppcrtunity to provide additional observers for the NRC Integrated Assessment Team Inspection (IATI) of the Pilgrim nuclear power facility and that their role be expanded beyond observation during this inspection.

The Commission agrees that opportunities should be made available l for State involvement in NRC inspections. We recently issued a proposed policy statement which sets forth NRC's program for accom-modating requests from States for observation of and participation

! in NRC inspection activities (enclosure 1). The protocol arrangement provided the Commonwealth by NRC Region I (enclosure 2) is consistent l with the Policy Statement.

With respect to your request for additional observers representing the Commonwealth, it is current NRC practice to limit the number

of State representatives to observe NRC inspections, in order to

! minimize distraction for the NRC inspectors. Although the staff has discussed having a single state representative accompany the inspection team, the Commission would allow the Commonwealth to l

send a second observer to the Pilgrim inspection if oesired.

i In accordance with the protocol, your designated representatives i

) will accompany the hRC inspectors and will be given access to all j aspects of the team inspection. The representatives will be able to nake observations of the licensee and to work through the inspection team to have concerns regarding the inspection addressed. We consider this level of invclvement appropriate.

We believe these arrangements are satisfactory for the inspection referenced in your letter. We are currently reviewing comments received on our pronosed policy statement. Although the comment period ended on July 13, 1988, we will give serious consideration to any comments you may wish to provide. The Commission plans to finalize this policy statement by Septenber 1988.

Sincerely, gbgj 6 W.

1. 5y Lando n. Ze .Jr

Enclosures:

As Stated cc: Jame M. Shannon 0 Atttc.tey General r g 0

10 CFR Part 50 publication in the Federal Register. The operation cf any nucicar producti:n or

' proposed policy will be followed in the utilisation facihty, except f:r certain Cooperat$n W th States at interim. escept (tr those p.iretraphs in authonty oser air emissiens granted is Commercfal Nuclear Power Plants and the pahey statement and States by the Clean Air Act' Other Nucleareroduction or Ut:lization Implementation section deahng with f>e NRC has had estensiu forrnal Faciht.et; Poticy Statement State proposals for instruments of end infomialinteraction with the States epnation for participation in throuehoutits history.'the Agreement ActNcy: Nuclear Regulatory inspections and inspection entrante and S' ate Program, under secuen 274b of the Commission. m ng n ni Act. is an example of a formal pregram Actiom Policy statement- act on these specific t)Tes of State. where the NRC relinquishes its sue 4MAmy: The Nuclear Regulatory proposed instruments of cooperatian regulatory authority over certsia until the comment period expires and r4Jicactive meterials te the States.

Commission (NRC) believes that the the olicy statement to published as a agency's mission to protect the public There are turrently 29 Agreement Ststes find pokey statement, regulatmg approsimetely 65 percent of health and safety and the environment can best be served by a policy of carts: The comment perfod espires on those licensees nationwide that use er cooperation with State governments July 13.1968. Comments recen ed af:er manufacture those types of radioactive which unites the common goals of the this d4te will be considered if it is material.no Ag+eement Stsie Program NRC and the States. Accordingly. it is practkal to do so. but assurance of operates under two Commission Policy the NRC's policy to cooperate fully with consideration cannot be given except for Statements. one for entenns into section State govemments as they seek to comments receis ed on or before this 274b agreementa and one for date, periodically reviewing Agreament State responcl to the expectatiuns of their citizens that thelt health and safety be Acometsts: hiail written comments to radiation control programs for adequacy protected and that there be minimal the Secretary, U.S. Nuclear Repletory in pro'ecting put,lic health and safety impact on the environment as a result of Comm!ssion. Washington. DC 20555. and for compctibility with NRC activities licensed by the NRC. In Attention: Dockering and Service programs. nis policy sistement accordance with this policy statement, Branch. Deliver ccmments to One White supports continuation of the Agreement the NRC will keep Covernor appointed Flint North.11555 Rockville Pile. State Prograrn and is not recant to affect State Ucison Officers routinely Rocksille hf aryland between 700 a.m. it.

Informed on matters of interest to the and 4:15 p m. Federal work days. This policy statement is not intended States, and NRC will respond in a timely Comments may also be delivered to the to affect rights to notice and to manner to State requesta for information NRC Public Document Room.1717 H participate in hearirigs granted to States and State recommendations concerning Street NW., Washington. DC. between by statute or NRC regulations.

matters within NRC's regulatory 7.45 a.m. and 4:15 p.m. Copies of Under 10 CFR Part 9. Subpart D the jurisdiction. lf requested. the NRC wdl comments received may be examined at NRC has provided procedures for routinely inform State I.laison Officers the NRC Public Document Room. handling requests for an NRC of public meetings between the NRC and Fon rumtwsm twomuArioN cow?Act: representathe to participate or provide i.; licensees and applicants. in order Carlton C. Kammerer, Director for State, ir. formation in judicial or quasbludislal that State representatives may attend as Local and Indian Tribe Programs. Office proceedings conducteJ b; States or observers, and NRC will allow State of Covernment41 and Public Affairs. U.S. other courts and ageraes. nis policy observation of NRC inspection Nuclear Regulatory Commission, staten9ent supports these procedures activities. The NRC will consider State Wa shington. DC 203!5. Telephone: (301) and does not affect them, proposals to enter into instruments of 492-0321, or Jane Mapes, Senior Under to CR 50.55s. the NRC has cooperation for State participation in Attorney, Division for Rulemaking and recognized the role of the States walin NRC taspection activities when these Fuel Cycle. Office of t).e Cer.aral the Amencan Society of hiechanical programs have prosisions to ensure Counsel. U.S. Nuclear Regulatory Engineers' Boiler and Pressure Vessel close cooperation with NRC. The NRC Commission. Washington. DC :D555. Code (ASNtE Code) S) st4m. This polio will not consider State proposals for Telephone: (301) 492-1tr42. statement does not affect the State and instruments of cooperation to conduct suPPLtutNTAny swonMAtloN: NRC relationship as laid out in the independent inspection programs of ASSE Code.

NRC regulated activities without close 1. Background ne State Usison Officer Program.

cooperation with, and oversight by, the ne Atornje Entrgy Act of 1954 (the estabbshed in 1976, provides a focal NRC.This policy statement is intended Act) was amended in 1959 to add point in each of the 50 States and the to prodde a uruform basis for NRC/ section 274,"Cooperation With States" Commonwealth of Puerto Rico for State cooperation as it relates to the Section 274 of the Act provuf es the communication between hKC and the regulatory outsight of com:nercial statutory basis for NRC/ State States. De Govemor appointed State nuclear power plants and other nuc! ear cooperation in nuclear matters sad Liaison Officer is intended to be the production or utilisation facilities. prescribes the framework for State princip41 person in the State to keep the Instruments of cooperation between the regulation of certain nuclear matenals Governor informed of nuclear regulatory NRC and the States, approved pnor to and facihties.The focus of section 274 is mattacs oflaterest to Oe Governor, to the effecthe date of this pol icy primar ly on protecting the pubhe from Lep other St s'e ufficials infonned of statement will continue to be honored radiological hazards of source, these rnauers, and to respond to NRC by the NRC. typroda t, and special nucleer asaterials inquirie o.

De Comrnission invites intere sted below cntical niess. Under sect.cn 274 Other areas in which NRC and States States. livensees applicants, and the Federal Covernment, primardy NRC. h4se worked together mciude members of the pubhc to comnwnt un u assigned eu.lusiva authonty and environmental monitonng around the the pubcy before it becomes final rnpons:bihty to regulate the premises of nuclear power plant agency policy. ne comment perinJ will raJ:ologkal cad national secun:y facihties and participation in the espite 30 daya follommg the date of epnia of the constr .. tion ar.d Conferent.e uf Red:ation Contrel

21982 Federal Register / V:1. f.3. No.113 / .\!ondry June 13. Ma / Rules and Regulations y _

Program D; rectors. Inc., which addrenes cooperath e bus and are desirable for actnity invoh ed. in the proposal to radiological health in areas such as Stt.te personnel to perform on bchtlf of eater into en instrtrr.ent of congeration, diagnostic and therapet. tic X.re)s, the NRC: and (2) its os ersight the State must identify those ac::uties radioac'ive materials, and other re!sted responsthihty to ensure that NRC for which cerperation with the NRC is activities. standards, tegvistfors, and crocedures desired. The State must propose a Under subsection 2741 of tho Act, the are rnet abere State representatives propsm thet:(1) Recognizes the Federal Commission is authorised. in carrying carry out NRC functions. Further, it is Cu'.emtr.ent pnmstily NRC. as haung out its beensing and regulatory the Commission's intention to provide the eaclutn e authcrity and responsibilities, in enter into a uniforrnity in its ha.ndling of State rupons:bdity to regulate the Alcmorandum of Understanding (hlOU) regt ests, rdological and nahonal secunty mth ary State to perform inspections or u, sig gp arpects of the conseuction and other functions on a cocpt 'ative basis oper. tion of r.uclear production or as the NRC deems apprepriate. It is the NRC's polic) to cooperat' ut.!!aation facilities. except for cert.iin According to the legi61stne history et authonty os er air emissions granted to section 274, subsection 274: clanfics the full {, with State governments see to respond to the espectation. of as they States by the Clean Air Act.(2)is m Cornmission's esi:Ung authority under their citizens that their health and safety accordance with Federal standards and subsectiori t6lf which enables the NRC be protected and that there be minimal regulations:(3) specifies mmimum to obtain the sersicer of State personnel irnpact on the env6tonrnent as a result of education expenence trainint and to perform functions on iis behalf as activities licensed by the NRC. The NRC quahfication requirem'ents for State may be desirable, and the States hat e complementary representatives which are pattemed NRC has entered irito htOUs with responsibilities in protecting public af:et those of NRC inspectors:(4) several States under subsection 2741 of health and safety and the environment. . .

f r the f f the Act.MOUs have helped to facihtste Furthermore, the NRC is committed to [,", *',"[p,E,',,[' i"[es to be transtied environmental reniew during the full and timely d2sclosure of matters to NRC for disposition:(5) would not construction of nt. clear power ptants. At affecting the public and to the fair and impose an undt.e burden on the NRC cne point, there was a perceived need to uniform handling of all agene d it I d I broaden the basis for formal cooperative interactions with the States, t e public. hides b Cp toco n t to Instruments with States under and NRC licensees. pug;c;y disc;ose inspection findings subsection 2741 beyond that of water Accordingly. the NRC will continue to pri r to the release of the NRC quality MOUs. As a result, general or keep Cos ernor. appointed State 1.laison

umbrella" MOUs were negotiated, with Officers routinely inintmed on matters * 'I d'" " P'#

subagreements on specific issues such ofinterest to the States. The NRC will Consistent with section 274tc) of the as low level waste package and respond in a timely manner to a Stste's Act. the NRC will not consider State transport h.spections. Two unique requests for information and its proposals for instrutnents of coopcration agreements were nesottated with recommendations concerning matters that do not include the elements listed within the NRC's restulatory jurisdiction. above, which are designed to ensure Oregon: one concerning the sbanrg of If requested, the NRC will routinely close cooperation and consistency with proprietary information rtgarding the Trojan faelhty and the other ccrenng inform State Liaison Officers of public the NRC inspection program. As a coordination of the State and NRC meetings betw een NRC and its licensees practical matter. ehe NRC is concerned resident !nspector prograrr.s at Trojan. and cpphcants in order that State that independent State inspection Additione!!y. the NRC has documented representatives may attend as regrams could direct an appheant's o.-

the protocol that States must fc!!ow to observers. Additionally, at the State's ficensas's attention to areas not be per nitted to observe certain NRC request. State reprenntath es will be consistent with NRC safety priontir s.

activities in "lettet agreements." able to observe specific inspections misinterpret NRC safety requireme its, in recent yeats. States have taken the and/or inspection entrance and exit or give the perception of dual regulation, initit.the to monitor more closely rr.eetings where State representatives For purposes of this pohey statement. an commercial nuclear power plants and are knowledgeable in radiological heahh independent State inspection proaram is stner nuclear production or utilitation and safety matters. one in which State representatives f.cihties withm. and adjacent to. thett The Com'niulon recosnl es that the would conduct inspections and assess Stete boundanes by be:oming better invchernent of quehfied State NRC regulated activities on a State's informed and. in some cases, more representr.thes m NRC radiological own initiative and autnority without ins olved in activities related to the health and safety propsms has the close cooperation with, and os ersight regulation and operation of those potential for prouding additional safety by. en authonted NRC representatne.

facihttes. It w as this increased interest benefit. The r > fore. the NRC will Instruments of cooperatier, b' ween by States to become more actn ely corsider State proposals to enter into the NRC and the States, apprv.d prict irn olved in NRC activities taat caused instruments of cooperation for State to the due cf this policy statircent wdl the NRC to re. examine those part!cirstma in inspections and continue to be honored by the NRC.The agreements previously ne;otiated with inspection catrance and exit meetings. NRC stronF l y encourages those States States and to determine a uniform pohey State ps.rtMpation in NRC prograrns holding these agreements to ecnsider for how future State proposals should be would allow quahfied State modifpryr dem if necessary, to brir.g bandled. repre sentsin es. either indhidually or as them into conformance with the in developirig this polic) statement to a mimber of a team, to conduct specific prumlens of this pM statement.

be used to respond to futu*e State inspection actatties in accordance with proposals the Commissivrt recogn. zing NRC st a nduds. regulations, and WementaHon tMt the regulatory responnbihties prouAres in c!sse cooperation with the As provided in the poke) st,temt es $9ed exclushely to ite NRC b) the NRC. Statt a:th. ties mil normally be tre NRC w di rout;ntly keep State At t cannot be dele;sted has condxted i-der the osersight of an Lwscn Officers infonred on matters of cunsidered. (1) Those actaities it de cr.s author: red NRC representain e with the in' rec st to the States. In ser.cral. n't appropr.aie for States to conduct on a degrre of oversight dependent upon ti.e State requests should come fro n the

June 13. 1988 / Roles and Regulations Federal

.m m R< gister / Vol. 53. No.113

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. _ - m . . - .. - - m .033 21 State Usison Officer to the appropriate date, will be performed by the NRC to of funds and Collectiodf Che:ks-12 NRC Regionii Office. The NRC will evaluate implementation of the MOU CFR Part 229) to imple ent the make csery effort to respond as fully as and resalse any prob l ems identified. Dpedited Funds Avad <bihty Act (53 FR possible to all reqwests from States for Fit'al agreements will be subject to 19372 IMay 27.1988)). ubpan C of information on rnatters concermns penodiu reviews and may be amended Regulation CC establn hed new rules, nuclear production or utilization focality or modified upon written agreement by applicable to deposita y institutions and safety within 30 days. The NRC will both parties and may be term:nated certain other financia institutions, work to achieve a timely response io upon 30 de s written notice by either des:gned to speed the :ollection and State recommendations relating to the party. return of checks.The e rules cover the safe operation of nuclear production or AJditionally, once State involvement e4peditious return te ponsibilities of utilitation facilities. State in NRC actisities at a nuclear paying and returnine bank .

representatives are free to attend as production or utilitation facility is authontation of dire t retums, observers any public meeting between approved by the NRC. the State is notification of nonpa . ment of large.

the NRC and its applicants and responsible Et meeting a!! requirements do!!ar returns by the paytra bortk, cFeck licensees. ne appropriate Regiona! of an NltC licensee and applicant indersement standa. f s. and other Office will routinely inform State related to personal safety and related changes to t1 e check coilvction Ualson Officers of ihe scheduling of unescorted access for State sy stem.

public meetings upon request. State representatives at the site. Prior to the passa :e of the bpedited requests to ot serve inspections and/or Dated at Rockul:e. Marylsed. tha 4th day Funds Availability set the Board had inspection entrance and exit meetings ofliae.t984 established, under he authonty of the conducted by the NRC require the Foi the Nuclear Regdetory Com n soon. Federal Reserve A t. a regulation to ap royal of the appropnate Regional gos ern the collecti in of checks and Sm uel l. Clutk.

A inisuator. Se ferary of ve Ca.mniofi. other items by Fet >ral Reserve Banks NRC will consider State participation (Subpdrt A of Reg lation I(12 CFR Part in inspections and the inspection (FR Doc. 86-132$8 FiL d tk-10-84. 8 45 aml sw.,o coe ,, 210J). When the B ard published its entrance and esit meetings, where the proposed Regulat an CC for comrnent State. proposed agreement identifies the

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(52 FR 47112(Dec 11.1987)). it also b ith and pro ides a FEDERAL RESERV : SYSTEM  : d a num ro a nd ents rograri {ro , ,

containing those m!ements as desenbed to the new check :ollection an return 12 CFR Part 210 in the policy statement. NRC may rules proposed in Subpart C of develop inspection plans along with {

(Docs et No. R-o6?01 Regulation CC. A though approsimately qualified State r= presentatises using 1.000 comments v ere recen ed on the applicable procedures in the NRC Coffection of Chiec s and Other items combined propos 1. no comments inspection Manual. Qualified State and W:re Transfer f Funds by specifically eddrt ised the pruposed representatives may be permi'ted to Federal Reserve ks amendments to R gulation J.

40 t Ncy: Board of Go ernors of the The Board has < depted amendments n on half o e C de t e to Subpart A of R gulation J. These oversight of an authorized NRC Federal Resen e Syst' m.

representative.The degree of oversight ACTiott Final rule. charges generally conform Regulation i to the rules establ shed in Subpart C of provided would depend on the activity. suuuAmy: The Board s amending its For instance. State representatives may Regulation CC.Ti e changessie be accompanied by an NRC Regulation I-Collecti in of Checks and therefore technica in na ture: the Other items and Wire fransfers of substantive issues were considered representative initially,in o.rder to Funds by Federal Rese rve Banks (12 during the rulemai ing proceeding that assess the State inspectors CFR Part 210) to confo m that regulation resulted in the ado ' tion of Regulation preparedness to conduct the inspectien individually. Other acta. ties may be to .he regulation the B iard adupted on CC. The conformin r amendments. mter conducted as a team with NRC taking May 13. 28 impkmoting the ohm Espedited Funds Asa; abitary Act of 1. Change the lit: - of Regulatien j fram the lead. All enforcemet.' action will be undertaken by the NRC. 1967 (Regulation CC--Availability of "Collection of Cher > s and Other items Funds and Collection af Checks (12 CTR and Wire Transfer, of Funds" to The Commission will d icide policy matte.s related to agreem enta proposed Part 2M "Collection of Chec <s and Other items under thw policy statement. Once the ansctivt o Art Seph mber 1.1988. and Wire Transfer, of Funds by Federal Commisaton has decided the policy on a com runtHem INroRWJ TICN CONTACT; rieserve Banks" to ' hstinguish speufic type of agreement similar Siste. Joseph R. Alesander. : enior Attorney. Regu'ation j from 0 Pgulation CC proposed ag eements may be approsed, legal Division (202/45 :-2489), for the ("Auitability of Ft nds and Collection of consistent with Commission policy by heanng impaired x!)- Cheds") and mak it clear that the becutive Director for Operatio:ts in Telecommunicatens 0 Mee for the Regulation j cover only checks cleared coordination with the Office of Deaf. Eamestine 11:11 e Dorethea or rrturned throus a Federal Resers e Covemmental and Public Affairs A Thom pson (202/452-35 4). Bank and wire tra sfers transmitted State. proposed instrument of suerta utNtamv iNroni t a tiow: In over the Federal P . serve cooperation will be documented in a August M8? Congress < nacted thn Comunications y yste m. w hile formal MOl.! signed by NRC and the Espedited Fands Asail. bility Act (Title Rertation CC ces rrs all checks A State. VI of Pub. L 10M61. Th Act seeks to sirri:ar change is 1 eing made to the tale Once the NRC has decided to erler ensure the prom,nt avaihb Sty of funds oIS EpJrt A-into an MOU for State insolvement :n and the esredited retur : of checks. On 2 Amand the a thoray cita'wns to NRC inspections, a formal review. not May 13.1933 the Daarc .ssued a nov inclaJe the Dped led Funds less than sia months af:er the effa tise regalatwn (Rephhon t C- Avail bihty Au !.bilit> Act. I

)

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ENCLOSURE Guideliaes for Accompaniment on the Integrated Assessment Team Inspection The following are guidelines for accompaniment during NRC's Pilgrim Integrated i Assessment Tese Inspection. 1

1. The observer is to make arrangeinents with the licensee for sits access training and badging.

2. The observer shall be available throughout the inspection and will accom-pany NRC inspectors. Communication with the licensee will be through the appropriate NRC team n. ember, preferably the team leader.

l

3. When the conclusions or observations made by the Commonwealth of l' Massachusetts observer are substantially different from those of the NRC inspectors, Commonwealth of Massachusetts will make its observations i immediately known to the . inspection team leader and available in writing i to the NRC and the licensee, in order that NRC can take the necessary actions to meet its regulatory responsibilities. These communications will be publicly available, similar to NRC inspection reports.

4. NRC inspectors are authorized to refuse to permit continued accompaniment by the Commonwealth of Massachusetts observer if his conduct interferes with a fair and orderly inspection.

5. The Commonwe'alth of Massachusetts observer in accompanying NRC inspectors will not Ormally be provided access to proprietary information. No license material may be removed from the site or Itcensee possession without NRC approval.

6. The Commonwealth of Massachusetts observer in accompanying the NRC inspectors pursuant to these guidelines does so at his own risk. The NRC will accept no responsibility for injuries and exposures to harmful substances which may occur to the accompanying individual during the inspection and will assume no liability for any incidents associated with the accompaniment.

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