ML20210J419
| ML20210J419 | |
| Person / Time | |
|---|---|
| Issue date: | 05/21/1997 |
| From: | Woodruff R NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II) |
| To: | Bangart R NRC OFFICE OF STATE PROGRAMS (OSP) |
| Shared Package | |
| ML20210J404 | List: |
| References | |
| NUDOCS 9708180083 | |
| Download: ML20210J419 (2) | |
Text
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NUCLEAR REGULATORY COMMISSION REGION il ATLANTA FEDERAL CENTER
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61 FORSYTH STREET, SW, SUITE 23T85 ATLANTA. GEORGIA 30303 May 21, 1997 MEMORANDUM TO: Richard L. Bangart, Director Office of State Programs '
FROM:
Richard L. Woodruff, RSA0, RII
SUBJECT:
REQUEST FOR WRITTEN GUIDANCE ON HANDLING BANKRUPTCY UNDER THE INTEGRATED MATERIALS PERFORMANCE EVALUATION PROGRAM (IMPEP) bankruptcy cases under IMPEP.The purpose of this memorandum is to request gui During licensees1996, Region II States experienced at least two cases involving going bankruat.
the attached file (banc 97.003One occurred in Tennessee and is documented under regulations, and the otlier case) summarizing the status of State bankruptcy involved a Mississippi licensee where the l
licensed material ended up installed at another facility located in Puerto Rico (attached file: bank.bsm).
Under IMPEP space, we currently are handling the bankruptcy regulations under the non-common indicator, Legislation and Regulations, and the technical Licensing Actions, along with decommissioning issues.aspr: cts are hand There is no written l guidance reviews. to the IMPEP teams on how to handle bankruptcy cases during the I
l I have discussed this issue with Ms. Schneider, and we believe that written guidance regarding this issue is needed for consistency and uniformity during the IMPEP reviews.
attachments:
- 1. bank 97.003
- 2. bankTbsm l
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STATUS OF REGION II AGREEMENT STATES BANKRUPTCY REGULATIONS
SUMMARY
The NRC 10 CFR 30.34 (h) , bankruptcy notification requirements (52 FR 1292) are currently a Division 2 matter of compatibility. This is interpreted to mean that Agreement Stutes must have an equivalent requirement in their State that i
.is at least as re4trictive as the CFR requirement. !
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All Region II States have adopted equivalent bankruptcy regulations.
In general, the State Radiation Programs do not have written internal procedures for handling bankruptcy cases. Program Directors have related that each case is handled on a case-by-case basis, and with assistance from the respective State Attorney General's Office. Programs rely upon their regulations, fee systems and licensee inspections to identify bankruptcy issues with specific licensees.
Bankruptcy issues have been an occasional problem in the States over the years; however, the Region has not maintained statistics on the cases. One recent case occurred in Tennessee (Event No. TN-96-082) in which the Industrial Radiography Company declared bankruptcy and had abandoned two radiographic devices containing cobalt-60. The Region issued a PNO-II-96 067 on October 2, 1996 concerning the actions taken.
The issue was resolved with the coordinated ef forts of the State Division of Radiological Health (DRH) ,
the State Emergency Management Agency (TEMA), and the US Department of Energy (DOE). The DOE provided a shipping container for the sources and took possession of the sources for final disposal. The TEMA provided a vehicle for the transport of the sources to the DOE facility in Oak Ridge, TN. The DRR provided manpower and radiological support for packaging the devices, and transported the devices to DOE, utilizing the TEMA vehicle.
Another instance occurred in Mississippi.
file: bank _97.003
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