ML20210C738
| ML20210C738 | |
| Person / Time | |
|---|---|
| Issue date: | 07/16/1999 |
| From: | Lohaus P NRC OFFICE OF STATE PROGRAMS (OSP) |
| To: | Wilds E CONNECTICUT, STATE OF |
| Shared Package | |
| ML20210C741 | List: |
| References | |
| NUDOCS 9907270026 | |
| Download: ML20210C738 (12) | |
Text
{{#Wiki_filter:, ' Dr. Edwrrd L. Wilds, Jr. luly 16, 1999' Dirzctor Divisi:n of R:dittion Depadment of Environmental Protection - - 79 Elm Street. - Hartford, CT. 06106-5127
Dear Dr. Wilds:
. in response to your recent requ'est, I am enclosing copies of recent letters of intent to become an Agreement State from Govemor Tommy G< Thompson, Wisconsin, September 25, 1998; Govemor Arne H. Carlson, Minnesota, July 10,1998; Governor Tom Ridge, Pennsylvania, December 6,1995; Govemor David Walters, Oklahoma, October 21,1992; and Govemor George V. Voinovich, Ohio, April 5,1991 (Enclosure 1)J The' Commission's Policy Statement, " Criteria for Guidance of States and NRC in Discontinuance of NRC Reaulatory Authority and Assumotion Thereof by States Throuah Aareement." specifies the criteria the Commission will apply in making a finding that a proposed State program is adequate to protect public health and safety and compatible with NRC's regulatory program, as required by the Atomic Energy Act [ effective January 23,1981 (46 FR - 7540), and amended by Policy Statementa published July 16,1981 (46 FR 36969) and July 21, 1983 (48 FR 33376)]; The Commission's finding is supported by a written assessment of the State's program, which is developed by staff based on review of the State's request for an ' Agreement against the criteria. To facilitate both State activities to prepare an Agreement application, and NRC staff review activities, we are developing a procedure for the reviews based on the above criteria, the ' performance indicators set out in Management Directive 5.6, " Integrated Materials Performance - Evaluation Program (IMPEP)," and staff experience in reviewing previous Agreement requests. The procedure, OSP Procedure SA-700, contains a handbook in which we identify the types of
- documentation needed in an Agreement application. A copy of the draft procedure and handbook is enclosed (Enclosure 2). The handbook includes a summary of the information needed in an Agreement application which we hope will be of assistance to you (p. 31, ).
If you have any questions, or require further information, pisase contact me at (301) 415-3340, or Dr. Stephen Salomon at (301) 415-2368 or SNS@NRC. GOV. Sincerely, originalSignedg PAUL H.LOHAus 4 i Paul H. Lohaus. Director g ) Office of State i rograms )
Enclosures:
g As stated - DIR RF. DCD (SPOS).PDR (YES). ) Distnbuti.90, DWhita, RI: Connecticut File : GPcngbum, RI. DCool, IMNS
- See previous concurrence
- DOCUMENT NAME: G:\\SNS\\CTWILDS.wpd ' To receive a cow of this docuenent, Indicate in the bos: 'C" = Copy without ettechment/ enclosure 'E" = Cop f with attechment/ndosure "N" = No copy OFFICE OSP lE OSP:D ,l l l NAME SNSalomon:gd:kk:gd PHLohaus DATE
- 07/14/99*
07/16/99* 9907270026 990716 OSP FILE CODE: SP-NA-2 g, '8 f h@t !!"d pg e
f Dr. Edw rd L. Wilds, Jr. July 16, 1999 Director Division of Radiation l Department of Environmental Protection 79 Elm Street Hartford, CT 06106-5127
Dear Dr. Wilds:
In response to your recent request, I am enclosing copies of rec nt of letters of intent to become an Agreement State from Govemor Tommy G. Thomp on, Wisconsin, September 25, 1998; Governor Ame H. Carlson, Minnesota, July 10,1998; G vemor Tom Ridge, Pennsylvania, December 6,1995; Governor David Walters, lahoma, October 21,1992; and Governor George V. Voinovich, Ohio, April 5,1991 (Enclos e 1). I The Commission's Policy Statement, "Qriteria for Guidanc of States and NRC in Discontinuance of NRC Reaulatory Authority and Assumdtion Thereof by States Throuah Aareement " specifies the criteria the Commission will a ply in making a finding that a proposed State program is adequate to protect public health and afety and compatible with NRC's regulatory program, as required by the Atomic Energy Act [ effective January 23,1981 (46 FR 7540), and amended by Policy Statements publishe July 16,1981 (46 FR 36969) and July 21, 1983 (48 FR 33376)]. The Commission's finding is upported by a written assessment of the State's program, which is developed by staff base on review of the State's request for an Agreement against the criteria. To facilitate both State activities to prepare an greement application, and NRC staff review activities, we are developing a procedure for t reviews based on the above criteria, the performance indicators set out in Manageme t Directive 5.6, " Integrated Materials Performance Evaluation Program (IMPEP)," and staff ex rience in reviewing previous Agreement requests. The procedure, OSP Procedure SA-700, tains a handbook in which we identify the types of documentation needed in an Agreement plication. A copy of the draft procedure and handbook is enclosed (Enclosure 2). Th handbook includes a summary of the information needed in an Agreement application wh' h we hope will be of assistance to you (p. 31, ). If you have any questions, or require urther information, please contact me at (301) 415-3340, 4 or Dr. Stephen Salomon at (301) 41 2368 or SNS@NRC. GOV. Sincerely, Paul H. Lohaus, Director Office of State Programs
Enclosures:
- 5 As stated Distribution DIR RF DCD (SP05)
PDR (YES) - DWhite, RI Connecticut File L GPangburn, RI DCool, IMNS DOCUMENT NAME: G:\\SNS\\ TWILDS.wpd ry.c.h. cop, or w.oocum.nt. inec i th. i ox: c Copy withM attach.._1Aure *F = Copy with attachment /encbsure "N" s No copy OFFICE OSP 5%/ 6-OSP:DD f 5/)OSP;D l l l NAME SNSalomon:gd:fk FComb / JiLHLohaus DATE 07/lY9W / 07/ /99 07/8/99 OSP FILE CODE: SP-NA-2
L l [' UNITED STATES NUCLEAR REGULATORY COMMISSION I . WASHINGTON, D.C. BOO 86 00M i %gg July 16, 1999 ' Dr. Edward L. Wilds, Jr. ' Director . Division of Radiation Department of Environmental Protection 79 Elm Street' Hartford, CT 06106-5127
Dear Dr. Wilds:
In response to your recent' request, I am enclosing copies of recent letters of intent to become an Agreement State from Govemor Tommy G. Thompson, Wisconsin, September 25, 1998; Govemor Ame H. Carlson, Minnesota, July 10,1998; Govemor Tom Ridge, Pennsylvania, December 6,1995; Govemor David Walters, Oklahoma, October 21,1992; and Govemor George V. Voinovich, Ohio, April 5,1991 (Enclosure 1). i The Commission's Policy Statement, " Criteria for Guidance of States and NRC in Discontinuance of NRC Reaulatory Authority and Assumotion Thereof by States Throuah j Aareement." specifies the criteria the Commission will apply in making a finding that a proposed State program is adequate to protect public health and safety and compatible with NRC's regulatory program, as required by the Atomic Energy Act [ effective January 23,1981 (46 FR . 7540), and amended by Policy Statements published July 16,1981 (46 FR 36969) and July 21, ' 1983 (48 FR 33376)]. The Commission's finding is supported by a written assessment of the State's program, which is deve!oped by staff based on review of the State's request for an . Agreement against the criteria. To facilitate both State activities to prepare an Agreement application, and NRC staff review activities, we are developing a procedure for the reviews based on M above criteria, the ' performance indicators set out in Management Directive 5.6, " Integrated Materials Performance Evaluation Program (IMPEP)," and staff experience in reviewing previous Agreement requests. The procedure, OSP Procedure SA-700, contains a handbook in which we identify the types of documentation needed in an Agreement application. A copy of the draft procedure and handbook is enclosed (Enclosure 2). The handbook includes a summary of the information needed in an Agreement application which we hope will be of assistance to you (p. 31,
- ).
If you have any questions, or require further information, please contact me at (301) 415-3340, or Dr. Stephen Salomon at (301) 415-2368 or SNS@NRC. GOV. n re, iY N, AO baul H. Lohaus, Director Office of State Programs
Enclosures:
As stated. u
TOMMY G. THOMPSON l Governor l f State of Wisconsin 1 September 25,1998 Shirley Jackson, Chairman U.S. Nuclear Regulatory Commission 11555 Rockville Pike i Rocleville, MD 20852-2738
Dear Ms. Jackson:
The role of the U.S. Nuclear Regulatory Commission in regulating radioactive material usage in the State of Wisconsin has been significant over the past several decades. As you are aware from your regulatory role, Wisconsin has been fottunate to have an abundant industry, much of which utilizes radioactive material in its industrial applications. In addition, academia and the health professions share in the statewide usage of radioactive material. While such usage benefits all of us, radiation safety has always been a prime concem. I feel that the State of Wisconsin should pay a vital role in the radiation protection ofits citizens. Toward that end,it is our intent to pursue an agreement with the U.S. Nuclear Regulatory Commission for transfer of authonty for he regulation of radioactive material to the State of Wisconsin under Section 274b of the Atomic Energy Act of 1954, as amended. To facilitate our inquiry into the Agreement State program, I am requesting your assistance be provided directly to the Radiation Protection Unit of the Wisconsin Department of Health and Family Services. Your staff can reach the Manager of the Radiation Protection Unit at 608/267-4792 to initiate this contact. Thank you for your assistance in this matter. All of us look forward to a continuing cooperative effort to enhance radiation safety with the State of Wisconsin. Si
- rely,
/G t 9 9510011 Oh 1'G .iS d32S M C.33'd T ' ek cc: Joe Leean, Secretary, WI Department of Health and Family Services Paul Schmidt, Manager, Radiation Protection Unit James Caldwell, Acting Administrator, US NRC Region III Office I, Room 115 East, State Capitol, P.O. Box 7863, Madison, Wisconsin $3707. (608) 266-1212. FAX (608) 267 8983 _ _.@',1-34.Tg-{- I, ENCLOSURE 1 f
Av. STATE OF MINNESOTA OFFICE OF THE OOVERNOR j 130 STATE CAPITOL s
- 3....
SAINT PAUL 55155 ARNE H. CARLSON GOVERNOR July 10,1998 Shirley Ann Jackson, Ph.D. Chairman U.S. Nuclear Regulatory Commission Washington,D.C. 20555
Dear Dr. Jackson:
~ In 1998, the Minnesota Legislature authorized the negotiation of an agreement with the U.S. Nuclear Regulatory Commission for the purposes ofdesignating Minnesota as an Agreement State. We are requesting assistance from your agency to enable the Minnesota Department ofHealth to meet the NRC agreement state requirements to assume regulatory authority for non-power plan radiation hazards pursuant to Section 274b of the Atomic Energy Act of 1954, as amended. Minnesotans will be well-served by a comprehensive state program ofradiation prot.ection. For many years, our state officials have regulated x-ray machines; and, in 1997, non-reactor-produced radioactive materials for industdal uses were added. We look fonvard 1 working cooperatively with NRC staff to meet our goa.1 of assuming regulatory responsibility for the control ofreactor-produced radioactive material by 2002. Please contact Ms. Judith Ball, Manager of the Radiation Control Section at the Mmnesota Department ofHealth et 612-215-0945. Thank you for your attention to this matter. ~ Warmest regards, k 4 ARNE H. CARLSON Govemor Anne Barry, Commissioner ofHealth, Mmnesota Department ofHealth cc: j Judith Ball, Manager, Section of Asbestos, Indoor Air, Lead and Radiation, Mmnesota Department ofHealth Richard L. Bangart, Director, Office ofState programs, U.S. Nuclear Regulatory Commission, Rockville, Maryland James Lynch, Regional State Agreements Of5cer, NRC, Region III. AN EQUAL OPPORTUNITY EMPLOYER O PRINTED ON RECYCLED PAPER f
- A (~. el
,p..... i.;:. >., 3,. /( ' ' ~ y COMMONWEALTH Or PENN5YLVANIA OrrscE Or THE GOVERNOR HAmmissu.mo December 6,1995 THE GOVERNOR Commissioner Shirley Jackson, Chairman U.S. Nuclear Regulatory Commission Washington,DC 20555 RE: Commonwealth of Pennsylvania's intent to Apply for Full Agreement Regulatory Authority Pursuant to Section 274 of the Atomic Energy Act
Dear Chairman Jackson:
The purpose of this letter is to inform you of the Commonwealth of Pennsylvania's intent to become an " Agreement State" pursuant to an agreement entered with the United States Nuclear Regulatory Commission under Section 274 of the Atomic Energy Act. Accordingly, the Commonwealth will seek authority to regulat@by-product, source and special material, and disposal oflow-level radioactive waste for the protection ofpublic health and safety. The Pennsylvania Department of Environmental Protection is the agency of the Commonwealth responsible for development and submission of the application for full Agreement State Status. The Secretary of the Department will designate appropriate personnel of the Bureau of Radiation Protection to initiate and complete the Agreement State application process. I am confident that the Commonwealth of Pennsylvania will cooperate fully with the Nuclear Regulatory j Commission and that this effort will be completed in an expeditious manner. If you have any questions regarding Pennsylvania's intent to obtain Agreement State Status, please contact my office or James M. Scif Secretary, Department of Environmental Protection at 717-787-2814. l Sincerely. [A9+7 bag' <---- TOM RIDGE Governor i l A m\\soioT $
STATE OF OKLAHOMA
- N nYcm""8 T
October 21, 1992 Ivan selin, Ph.D., Chairman U.S. Nuclear Regulatory Commission Washington, D.C. 20555
Dear Dr. Selin:
This letter is to inform you that I have directed the Oklahoma State Department of Health's Radiation Protection Division to complete the revision of existing regulations and other briteria nece==ary to enter into an agreement with the U.S. Nuclear Regulatory Commission for the purpose. of becoming an Agreement State. The legal staff of the Department of Health is reviewing the U.S. Nuclear Regulatory Commission model Radiation Control Act to determine which, if any, current states statutes need revision. I am requesting that the U.S. Nuclear Regulatory Commission provide the necessary technical assistance and training to our present staff. Additionally, assistance in the form of a review of revised regulations, enabling legislation, and an overall review of Oklahoma's Radiation Protection Division is requested. I feel confident that the regulation of radioactive materials will transfer to the Oklahoma Radiation Protection Division in a timely and orderly fashion. William M. Kemp, Director of Radiation Protection Division of the Oklahoma State Department of Health, will be the direct contact for the State of Oklahoma with the U.S. Nuclear Regulatory Commission.
- ely, 0kbY av Walters i
Surie 212
- State Cap #tol Sulacing. C*lahoma Ctry. Okishema e 73106
- 40S/5212342 0
+p. o70 M ( 6
G' STATE OF OHIO OFFICE OF THE GOVERNOR GEORGE V. VOINOVICH COLUMBUS 43266-0601 GOVERNOR April 5,1991 Kenneth M. Carr, Chairman U.S. Nuclear Regulatory Commission Washington, D.C. 20555
DearMr. Carr:
The role of the U.S. Nuclear Regulatory Commission in the State of Ohio has been rather significant over the past several decades. Ohio has been blessed with a vast amount ofindustry, much or'which utilizes radioactive material in their industrial applications. In addition, acaderma and the health professions certainly share in the statewide usage of radioactive material. While such usage benefits all of us, radiation safety has always been a prime concem. Because of this, I feel that the State of Ohio should play a vital role in the radiation protection of its peo? e. l Toward that end,it is our intent to pursue the possibility of an agreement with the U.S. Nue; car Regulatory Commission for transfer of authority for the control of radioactive material to the State of Ohio pursuant to Section 274b of the Atomic Energy Act of 1954, as amended. To facilitate our inquiry into the Agreement State Program, I am requesting your assistance to the Radiological Health Program staff of the Ohio Department of Health in this effort. Your staff can reach the Administrator of the Radiological Health Program at (614) 644-2727 to initiate this Contact. Thank you for helping in this matter. All of us look forward > a continuing, cooperative effort to enhance radiation safety within the State of Ohio. Si ly, e . 1-A G o V. Winovich Go 1or GVV:m cc: Edward G. Kilroy, M.D., Director, Ohio Department of Health Robert E. Owen, Administrator, Radiological Health Program A. Bert Davis, Administrator, USNRC Region III Office e
/* *" %o, DRAFT OSP Procedure Approval Reviewing a RequeStfor an Agreement - SA-700 Issue Date: Expiration Date: Paul H. Lohaus Director, OSP Date: Frederick C. Combs Deputy Director, OSP Date: Richard L. Blanton Procedure Contact, OSP Date: [ NOTE The 'OSP DirectoVs Secretary is respoksiblefor the maintenance ofthis master copy -. document aspart ofthe'OSP Proc'edure Manual Any changes to theprocedure will be the; responsibility ofthe OSP Procedure Contact. Copies ofOSPprocedures will be distributedfor ENCLOSURE 2
- % Procedure
Title:
Page: lof8 k..... Reviewing a Requestfor an Agreement ,,,,, 9,,,, Procedure Number: SA-700 1. INTRODUCTION This procedure describes the objectives and processes for reviewing the request by a State for an Agreement under Section 274b of the Atomic Energy Act of 1954, cs amended (Act). As used in this procedure, the term " State" refers to either a State or a Commonwealth, however, care should be taken to assure that the proper temi is used in j the Agreement, Federal Recister notices, and other official records. The procedure may also be used to guide the review of a request for an amendment to an existing Agreement. II. OBJECTIVE ) A. Assure that each Agreement entered into is consistent with the provisions of Section 274 of the Act, Commission policy, NRC Management Directives, and other statutory, regulatory or policy requirements that may apply; i B. Provide for the effective, efficient, and timely review of the request by a State for an Agreement, or for an amendment to an existing Agreement; and C. Provide an orderly transition in the discontinuance of regulatory authority by the NRC and assumption thereof by the State. III. BACKGROUND Section 274 of the Act allows the Commission and a State to enter into an Agreement under which the Commission discontinues regulatory authority, and the State concurrently assumes regulatory authority, over the categories of materials specified in the Agreement. The categories of materials that may be transferred are: (a) by-product { materials as defined in Section 1le.(1) of the Act; (b) by-product materials as defined in Section 11e.(2) of the Act;(c) source materials as defined by Section 11z of the Act; (d) special nuclear materials (as defined in Section 11aa of the Act) in quantities not sufficient to form a critical mass (as defined in 10 CFR 150.11); (e) the regulation of the
SA-700: Reviewing a Requestfor an Agreement Page: : 2' of 7I Issue Date: land disposal of byproduct, source, or special nuclear waste materials received from other persons; and (f) the evaluation of radiation safety information on sealed sources or devices containing byproduct, source, or special nuclear materials and the registration of the sealed sources or devices for distribution, as provided for in the regulations or orders of the Commission. The State may choose to assume regulatory authority over any combination of the categories. In order for the Commission to enter into the Agreement, the State must have a program for the control of radiation hazards which is adequate to protect public health and safety with respect to the materials specified in the Agreement, and which is compatible with the Commission's program for the regulation of the materials. The Governor of the State must certify to the Commission that the State has the required program and desires to assume the regulatory authority. The State must also submit sufficient information about its program to enable the Conunission to find that the requirements of the Act are met. The certification and information together constitute the request for an Agreement. There are two basic components to an Agreement State program. First, there must be a set oflaws and regulations which provide the framework. Second, there must be an effective organizational and administrative structure for the implementation and enforcement of the laws and regulations. In accord with Commission policy, the term " regulations" as used in this procedure may include other forms of generic legally binding requirements, such as license conditions or orders, authorized under State law. The program organizational structure may be in the form of a single State agency, a part of an agency, or portions of two or more agencies. In whichever case, as used in this procedure, the term " program" includes all organizational units with regulatory responsibility over the materials specified in the Agreement. The basis for a fmding by the Commission that a State's program is adequate and compatible is provided by the NRC staff assessment. The staff assessment should demonstrate that the State's program, as described in the request for an Agreement, satisfies the criteria in the policy statement " Criteria for Guidance of States and NRC in Discontinuance of NRC Regulatory Authority and Assumption Thereof by States Through Agreement," (46 FR 7540; January 23,1981), as amended on July 16,1981 (46 FR 36969), July 21,1983 (48 FR 33376). The information submitted by the State should also provide NRC with confidence that if the State's program is implemented as presented, a review of the program pursuant to Management Directive (MD) 5.6, " Integrated Materials Performance Evaluation Program (IMPEP)" will likely find the State satisfactory for all applicable indicators. l l l
I a SA-700i Reviewing a Requestfor anMgreement Page: l 3 oi 7 { Issue Date: IV. ROLES AND RESPONSIBILITIES A. The Review Steering Committee, consisting of the Director, Office of State Programs (OSP), and management representatives of the Office of Nuclear Material Safety and Safeguards (NMSS), Office of the General Counsel (OGC), the Incident l Response Organization (IRO), and the affected Region (offices), is responsible for determining that a State's request for an Agreement satisfies the criteria in the policy statement, and for recommending approval of the Agreement to the j Commission. The Director of OSP, serves as chair of the steering committee. l B. The Review Team, consisting of the OSP project manager (PM) and staff from NMSS, OGC, IRO, the affected Region, and other NRC staff as assigned, is { responsible for conducting the staff review in accordance with this procedure. The PM serves as team leader. l C. The Regional State Agreements Officer (RSAO) or Regional State Liaison Officer (RSLO) is usually responsible for providing information to the State as requested prior to a formal declaration by the State ofits intent to seek an Agreement. i I E. The Region and NMSS are responsible for coordinating the transfer oflicensee files from NRC to the State (see MD 5.8). j i V. GUIDANCE l .A. When preparing a request for an Agreement, the State should consider the guidance l in this procedure and in the Appendix to this procedure entitled, " Handbook for Reviewing a Request for an Agreement." The request should include all of the information identified in Section 4 of the handbook for each program element, as 1 appropriate for the categories of materials requested. B. There is no legal requirement for a State to submit a letter declaring its intent to seek an Agreement. However, a letter ofintent signed by the Governor is requested as a written commitment of State resources to the process of seeking an Agreement. Based on this State commitment, NRC can plan and commit its own resources to { review the request for an Agreement, and subsequently to process and implement the Agreement. l C. It is recommended that the State submit the request for an Agreement in draft form for the team to review for completeness prior to submitting a formal request signed by the Govemor. However, only one detailed review, that of the Governor's formal J
SA-700: Reviewing a Requestfor an Agreement ' Page: 4 of 7 ; \\ Issue Date: - request, is runJacted. 1. The draA request should be submitted as a package containing complete supporting information for all program elements. 2. When a dran application is received, the Director, OSP, requests that the offices designate stafflevel contacts to serve on the review team, in accordance with MD 5.8. i 3. The team reviews the draft request only to identify any additional information needed for the detailed review of the formal Request. The team members provide comments and recommendations as appropriate. i 4. The team prepares a letter to the State transmitting the comments and recommendations of the reviewers. The letter is signed by the Director of OSP aner concurrence by the offices. 5. The State should address the comments and recommendations of the reviewers as changes incorporated into the formal request. The State should then submit the formal request after it is signed by the Governor. i D. When the formal request is received, the PM prepares a letter for signature by the Chairman acknowledging its receipt. The review team conducts a detailed evaluation of the formal request in accordance with the procedures and criteria in the handbook. 1. If the State did not submit a draft request, the Director, OSP, requests that the offices deignate stafflevel contacts to serve on the review team, in accordance with MD 5.8. If the State did submit a draft request, the team that reviewed the draft request will usually review the formm request. 2. If the team identifies deficiencies in the request, it prepares a letter to the State roviding comments and recommendations. 'Ihe letter is signed by the Director of OSP after concurrence by the offices. The response of the State is reviewed by the team. E. The team should complete the following, to the extent practical, in parallel with the review of the formal request and the resolution of comments. 1. Prepare a dran staff assessment addressing each of the criteria in the policy
SA-700: Reviewing a Requestfor an Agreement Page: 5 of 7 Issue Date: statement, as appropriate for the categories of materials covered by the proposed Agreement. The assessment describes the findings of the review of the formal request, supplemented as required by revisions to the request in response to team comments. 2. Prepare a proposed Federal Renister notice, identifying the State and describing briefly the proposed program. The description should include a summary of the draft staff assessment and should clearly identify any unique features or issues with the proposed Agreement. The text of the proposed Agreement must be attached, with a proposed effective date for the Agreement. 3. Coordinate with the Office of Public Affairs (OPA) to prepare a draft press release announcing the publication of the proposed Agreement in the Federal Recister. l 4. Prepare a draft negative consent paper informing the Commission of the status of the request for an Agreement and the proposed schedule to complete the Agreement, including the publication of the proposed Agreement in the Federal Recister. a. The paper should indicate that staff will forward the FR notice for publication ten days after the paper is signed by the Executive Director for Operations (EDO), unless the Commission directs otherwise. b. The paper should include as attachments the draft staff assessment, the proposed Federal Recister notice (including the proposed Agreement and a j summary of the draft staff assessment), proposed letters of notification to the NRC Congressional Oversight Committees and the State's Congressional delegation, and the draft press release from OPA. 5. Prepare letters notifying interested Federal agencies, and the existing Agreement States, of the Federal Recister notice. F. When the team completes the review of the formal request and the State addresses all comments, the Director, OSP, forwards the Commission paper with attachments to the offices for concurrence. 1. When office concurrence on the Commission Paper is received, it is forwarded through the Deputy Executive Director for Regulatory Programs (DEDR) to the EDO for signature. J
SA-700: Reviewing a Requestfor'an Agreement Page: ~ 6 oi 7 ~' 4 Issue Date:. 2. Ten days after the paper is signed by the EDO, SECY should issue an SRM clearing the staff to publish the Federal Recister notice. The PM forward the Federal Recister notice and the letters notifying Congress of the Federal Eggister notice, to the Rules Review and Directives Branch, Division of Freedom ofInformation and Publications Services, Office of Administration (ADM). The letters notifying Congress are forwarded by ADM to the Office j ofCongressional Affairs (OCA). j j l 3. When the Federal Recister notice is published, a copy is attached to the letters I notifying the Agreement States, and the interested government agencies. The letters are mailed by OSP. The PM informs OPA that the Federal Register 3 notice has been published. J l G. The review team, to the extent practical in parallel with the publication of the proposed Agreement in the Federal Reaister, prepares a Commission paper seeking approval of the Agreement. 1. The team receives public conunents and prepares an analysis for inclusion in the paper. i 2. The team completes the final staff assessment, considering the public comments. The completed assessment is attached to the paper. The PM l requests a draft press release announcing the signing of the Agreement. 3. The paper must contain a brief discussion of staff coordination to resolve outstanding escalated enforcement cases and 2.206 petitions. Incomplete escalated enforcement, outstanding orders, and Confirmatory Action Letters against the NRC licensees to be transferred should be summarized. The status of any SDMP or other sites in decommissioning should be discussed. The information provided to the State regarding closed out sites should be discussed. 4. Required attachments to the paper include: a. a draft letter to the cognizant Congressional Committees and the State's Congxssional delegation announcing the approval and signing of the Agreement; b. a completed copy of the General Accounting Office form providing the notification required under the Small Business Regulatory Enforcement
I l l l SA-700: Reviewing a Requestfor an Agreement Page:- ~ 7 of 7 Issue Date: and Fairness Act of 1996 (SBREFA); l c. a draft press release announcing the Agreement; and 1 d. a draft Federal Recister notice announcing the approval and signing of the Agreement. H. The PM determines the Governor's choice for signing the Agreement at a formal l ceremony or by correspondence, and if any special form is required for the Governor's signature block. The usual signatory for the Commission is the l Chairman. 1. If the Agreement is to be signed at a formal signing ceremony, the PM coordinates with the State staff and, through the DEDR, with the Chairman's l omce for the date, time and place of the signing ceremony. 2. If the Agreement is to be signed by correspondence, the place at which the Chairman signs is Rockville, Maryland, and the place the Governor signs is the State Capitol. l 1 3. The place or places of signing are named in the Agreement. The effective date for the Agreement is decided on by the State and NRC staff, and put in the Agreement. I. The Director, OSP, sends Commission paper and attachments to the offices for concurrence. J. When omce concurrence is received, the Director, OSP, forwards the Commission paper with attachments through the DEDR to the EDO for signature. K. When the Commission approves the Agreement, the PM forwards the letters addressed to the Congressional Committees, the State's Congressional delegation, and the direcur of the General Accounting Office to ADM for dispatch. The PM l alerts OPA to issue the public announcement. OPA may wish to coordinate public announcements with the State public relations staff, particularly if there is to be a signing ceremony, L. The PM coordinates with the Graphics Preparation Section of the Publishing i Services Branch, Information Management Division, Omce of the Chief Information Omcer, to have three formal Agreement documents prepared. l l
F SA-700: Reviewing a Requestfor an Agreement - Page: 8 of 7-Issue Date: When the Agreement has been signed by the Chairman and the Governor, the State retains one copy, the PM forwards one copy to SECY, and the third copy is retained for the OSP file. M. After the Agreement has been signed, the PM prepares letters from the Director, OSP, notifying the interested agencies, NRC material licensees, and all Agreement and non-Agreement States of the effective date of the Agreement. The PM provides the new Agreement State program director copies of the notifications. N. After the Agreement has been signed, the Region and NMSS transfer the license files to the new Agreement State. O. The PM submits the Federal Recister notice of the signing of the Agreement to ADM for publication. Section 274e.(2) of the Act requires this notice to be published in the Federal Recister within 30 days after the signing of the Agreement. P. Approximately nine months after the Agreement becomes efTective, the PM (usually re-designated as the ASPO) and the RSAO meet with the program management to discuss the State's implementation of the Agreement materials program. eee procedure SA-). Approximately 18 months after the Agreement becomes effective, the first IMPEP review is conducted. (See MD 5.6) VI. APPENDICES " Handbook on Reviewing a Request for an Agreement." VII. REFERENCES j 1. Sections 11 and 274 of the Atomic Energy Act of 1954, as amended. 2. Commission policy statement Criteriafor Guidance ofStates and NRC in Discontinuance ofNRC Regulatory Authority and Assumption Thereofby States Through Agreement, (46 FR 7540; January 23,1981), as amended on July 16,1981 (46 FR 36969), July 21,1983 (48 FR 33376). 3. NRC Management Directive (MD) 5.6, Integrated Materials Performance Evaluation Program (IMPEP), November 25,1997. l ]}}