ML20207S204
| ML20207S204 | |
| Person / Time | |
|---|---|
| Issue date: | 01/07/1987 |
| From: | Holloway C NRC OFFICE OF RESOURCE MANAGEMENT (ORM) |
| To: | NRC OFFICE OF RESOURCE MANAGEMENT (ORM) |
| Shared Package | |
| ML20207A088 | List: |
| References | |
| FOIA-87-47 NUDOCS 8703190120 | |
| Download: ML20207S204 (9) | |
Text
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- [-lc J6 0'l 1987 MEMORANDUM FOR: Files FROM:
C. James Holloway, Jr., Chief License Fee Management Branch, RM/A
SUBJECT:
DECEMBER 16, 1986 MEETING REGARDING TRANSFER OF LICENSES AND PENDING APPLICATIONS TO ILLINOIS On Decemt r 16,1986, Glenda Jackson and I met with Don Nussbaumer and Joel Lubenau of State Programs (SP) to discuss the transfer of licenses and applications when Illinois becomes an Agreement State. The current fee and licensing policies with respect to applications and licenses transferred to Agreement States were discussed (see Enclosure 1). Also discussed were the procedures proposed by Region III (Bruce Mallett) for making the transfers to Illinois, and the fee problems associated with the proposed procedures (see Enclosure 2).
Although SP is planning a meeting with representatives from Region III and Illinois for early 1987, Don and Joel felt that a meeting should be arranged for early January in Region III to discuss these matters with the Region III Licensing staff. They agreed that LFMB should be invited to the meeting.
As of January 6,1987, LFMB has received five applications from licensees and applicants in Illinois requesting that their licenses be split to accomodate the Illinois Agreement (see Enclosure 3). Since the proposed procedures used to make the transfers to Illinois will impact the fee policy for these applications, LFMB will delay further processing of the applications until the procedures are finalized.
Checks accompanying the applications have been deposited.
muste.Asms nonsmo 4 l
C. James Holloway, Jr., Chief License Fee Management Branch e7o3190120 870316 Division of Accounting and Finance PDR FDIA RADER87-47 PDR Office of Resource Management
Enclosures:
3, as stated DISTRIBUTION:
License Fee File DNussbaumer, SP NA'M W GJackson, LFMB JLubenau, SP c, Qf u g r
l RM/A R/F WKerr, SP 6* b UM LFMBR/F(2)
Agree State File GJohnson, RM EBlack, RM I
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DW/GJ/Appi Re IL CJHolloway
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DATE :1/ (,, /87
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1.
Need Lic. No.
Docket No.
Lastamendmentno.(need1 amendment)
Address Check of user condition (confirm that it is no.10 and has no unusual authorizations or restrictions).
2.
Standard Wording:
To permit continuation of activities authorized by this license after a Section 274b Agreement with the State of Illinois becomes effective, the license is amended as follows. The effective date of these amendments is
, 1987.
I for use of licensed material in the State of Illinois:
Item 3, License No. is amended by adding the suffix "lL" after the i
last digit of the license number.
Condition 10 is amended by deleting that part of the condition which authorizes use of licensed material at temporary job sites and inserting in its place:
" Licensed material may be used at temporary job sites of the licensee anywhere in the State of Illinois where the Illinois Department of Nuclear Safety maintains regulatory jurisdiction
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over the use of the licensed material."
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For use of licensed material at temporary jobsites where NRC has Jurisdiction Condition 10 is amended to read:
" Licensed material may be used at temporary job sites of the licensee anywhere in the United States where the U.S. Nuclear Regulatory Commission maintains regulatory jurisdiction over 4
the use of the licensed material."
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C Ost b - At s rN %
AGREEMENT BETWEEN THE UNITED STATES NUCLEAR REGULATORY COMMISSION AND THE STATE OF ILLINDIS FOR DISCONTINUANCE OF CERTAIN COMMISSION REGULATORY AUTHORITY AND RESPONSIBILITY WITHIN THE STATE PURSUANT TO SECTION 274 0F THE ATOMIC ENERGY ACT OF 1954, AS AMENDED or WHEREAS, the United States Nuclear Regulatory Comission (hereinafter referred to as the Comission) is authorized under Section 274 of the Atomic Energy Act of 1954, as amended (hereinafter referred to as the Act), to enter into agreements with the Governor of any State providing for discontinuance of the regJlatory authori y of the Comission within the State under Chapters 6, i
7 and 8, and Section 1 of the Act with respect to byproduct materials as defined in Sections 1 e.(1) and (2) of the Act, source materials and special nuclear materials in quantities not sufficient to form a critical masst and, WHEREAS, the Governor of the State of Illinois is authorized under Illinois Revised Statutes,1983, ch.111 1/2, par. 216b and 1984 Supp. to l
Illinois Revised Statutes,1983, ch.111 1/2, par. 241-19 to enter into this Agreement with the Comission; and, IM k here WHEREAS, the Comission found on that the program of the State for the regulation of the materials covered by this Agreement is compatible with the Comission's program for the regulation of such materials and is adequate to protect the public health and safety; and, WHEREAS, the State and the Comission recognize the desirability and importance of cooperation between the Comission and the State in tht formulation of standards for protection against hazards of radiation and in assuring that State and Comission programs for protection against hazards of radiation will De coordinated and compatible; and, WHEREAS, the Comission and the State recognize the desirability of reciprocal recognition of licenses and exemptions from licensing of those materials subject.to this Agreement; and, WHEREAS, this Agreement is entered into pursuant to the provisions of the Atomic Energy Act of 1954, as amended;
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NOW, THEREFORE, IT IS HEREBY AGREED between the Comission and the Governor of the State, acting in behalf of the State as follows:
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ARTICLE I l
Subject to the exceptions provided in Ar'.icles !!, IV and V the Comission j
shall discontinue, as of the effective date of this Agreement, the regulatory authority of the Comission in the State under Chapters 6, 7 and 8, and Section 161 of the Act with respect to the following:
A.
ByprodJct materials as defined in section 11e.(1) of the Act B.
Soarce materials; h
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C.
Special nuclear materials in quantities not sufficient to form a critical mass; and, The'1and disposal of source, byproduct and special nuclear material D.
re:eived from other persons.
ARTICLE II This Agreement does not provide for discontinuance of any authority and the Comission shall retain authority and responsibility with respect to regulation of:
A.
The construction and operation of any production or utilization facility; B.
The export from or import into the United States,of byproduct, source or special nuclear material, or of any production or utilization facility; C.
The disposal into the ocean or sea of byproduct, source or special nuclear waste materials as defined in. regulations or orders of the Commission; D.
The disposal of such other byproduct, source, or special nuclear material as the Comission from time to time determines by regulation or order should, because of the hazards or potential hazards thereof, not be so disposed of without a license from the Comission; and, E.
The extraction or concentration of source material from source material ore and the management and disposal of the resulting byproduct paterial.
ARTICLE III pC This Agreement may be amended, upon application) by the State and approval by the Comission, to include the additional area specified in Article II, paragraph E, whereby the State can exert regulatory control over the materials stated therein.
ARTICLE IV Notwithstanding this Agreement, the Comission may from time to time by rule, regulation or order, require that the manufacturer, processor, or producer of any equipment, device, comodity, or other product containing source, byproduct or special nuclear material shall not transfer possession or conteol of such produ:t except pursuant to a license or an exemption from licensing issued by the Comission.
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ARTICLE V inis Agreement shall not af fect the authority of the Comission under sJbsection 161 b. or 1. of the Act to issue rules, regulations or orders to protect the comon defense and security, to protect restricted data or to gaard against the loss or diversion of special nuclear material.
ARTICLE VI Tne Comission will use its best efforts to cooperate with the State and other Agreement States in the formulation of standards and regulatory programs of the State and the Comission for protection against hazards of radiation and to assure that State and Comission programs for protection against hazards of radiation will be coordinated and compatible. The State will use its best efforts to cooperate with the Comission and other Agreement States in the formulation of standards and regulatory programs of the State and the l
Comission for protection against hazards of radiation and to assure that the Vf State's program will continue (to be compatible with the program of the
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Comission for the regulation of like materials. The State and the Comission will use their best efforts to keep each other informed of proposed changes in their respective rules and regulations and licensing, inspection and enforcement policies and criteria and to obtain the coments and assistance of the other party thereon.
ARTICLE VII l
l The Comission and the State agree that it is desirable te provide reciprocal recognition of licenses for the materials listed in Article I licensed by the l
other party or by any Agreement State. Accordingly, the Comission and the State agree to use their best efforts to develop appropriate rules, regulations and procedures by which such reciprocity will be accorded.
ARTICLE VIII The Comission, upon its own initiative after reasonable notice and opportunity for hearing to the State, or upon request of the Governor of the State, may terminate or suspend all or part of this Agreement and reassert the licensing and regulatory authority vested in it under the Act if the Comission finds that (1) such termination or suspension is required to protect the public health and safety, or (2) the State has not complied with one or more of the requirements of Section 274 of the Act. The Comission may A
also, pursuant to Section 27&f of the Act, temporarily suspend all or part x
- $ of this Agreement if, in the Judgment of the Comission, an emergency situation exists requiring imediate action to protect public health and MJ safety and the State has failed to take necessary steps. The Comission shall periodically review this Agreement and actions taken by the State under this Agreement to ensure compliance with Section 274 of the Act.
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ARTICLE IX Tnis Agreement shall become effe:tive on
, and shall remain in effect unless and until such time as it is terminated pursuant to Article Vill, 1
Done at
, in triplicate, this day of
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For the United States Nuclear Regulatory Commission 1
Chairman For the State of Illinois Governor For the United States Nuclear Regulatory Comission p
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Director, Of'fice of State Programs V
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eg A L - A t r#d Crpy DRAFT Cnairman-U.S. Nuclear Regalatory Commission Washington, D.C. 20555 i
Dear Mr. Chairman:
By this letter I request establishment of an Agreement between the U.S.
Ns: lear Regulatory Connission (NRC) and the State of Illinois, as authorized
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under Section 27 f the Atomic Energy Act of 1954, as amended, under which the NRC will discontinue and the State of Illinois will assume certain regulatory authority for radioactive materials now under Federal 4Jrisdiction.
I am authorized by the Illinois Radiation Protection Act (Ill.
Rev. Stat.1983, ch.111 1/2, par. 216b) and the Illinois Low-Level Radioactive Waste Management Act (1984 Supp. to Ill. Rev. Stat.1983, ch.111 1/2, par. 241-19) to enter into such an Agreement with NRC. The specific regulatory authority requested at this time is for:
By-product ma,terf alt as defined in Section lle(1) of the Atomic Energy a.
Act of 1954, as amendedj (.ediciistepsh-b.
Source materf all, W2"!"= e=' tMrf =);-
Special nuclear material br:rf r-2??, r:rf r 235 end phiun;*) in I
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f quantities not sufficient to form a critical mass; and, d.
Land disposal of source, by oduct and special nuclear material received from other persons.
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[Tne State of Illinois desires to assume this regulatory responsibility, and I he[
certify t at the Stat has an ad uate progra within hedepar nt of Nuclea Safety to ontrol radi tion hazard and to rotect t public alth I
afety[ In support of this proposal, I am submitting detailed information and describing the State's radiation control program and regulatory capabilities and a copy of the State's radiation control regulations.
At this time, the State does not wish to assume authority over uranium milling activities. The State, however, reserves the right to apply at a future date to NRC for an amended Agreement to assume authority in this area.
We are very much interested in having a formal signing ceremony for the Agreement.
If possible, we would like to have the ceremony take place in Chicago, Illinois, with the Agreement to become effective on July 1,1986.
Sincerely, Governor
.,s.-*
Draf t Agreement The preamble of the draf t agreement does not contain a statement acknowledging the required certification by the Governor. The following text should be inserted immediately following the second "Whereas" paragraph:
"WHEREAS, the Governor of the State of Illinois certified on that the State of Illinois (hereinaf ter referred to as the State) has a program for the control of radiation hazards adequate to protect the public health and safety with respect to the materials within the State covered by this Agreement, and that the State desires to assume regulatory responsibility for such materials; and" Some minor typographical corrections are marked directly on the draft agreement.
Draft letter from the Governor Since the Governer's certification is an essential statutory requirement, the language used (see first sentence on page 2 of the Governor's letter) should track the exact language used in i 274d(1) of the Atomic Energy Act of 1954 Accordingly, the sentence referred to should be revised to read as anended.
as follows:
"I certify that the State of Illinois has a program for the control of radiation hazards adequate to protect the public health and safety with respect to the materials within the State covered by the proposed agreement, and that the State desires to assume regulatory responsibility for such materials."
We would recommend that the description of the materials covered by the proposed agreement, as set out on the first page of the Governor's draf t letter, be identical to that used in Article I of the agreement. The statutory reference on page 1, ifne 3 of the draft letter should be changed from "Section 274" to "Section 274b."
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