ML20210J440

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Informs That R Woodruff Reviewed Followup of Bankruptcy Cases by Region II Agreement States & Provides Summary of Results
ML20210J440
Person / Time
Issue date: 12/27/1996
From: Mallett B
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II)
To: Ebneter S
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II)
Shared Package
ML20210J404 List:
References
NUDOCS 9708180088
Download: ML20210J440 (2)


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December 27, 1996 MEMORANDUM TO:

Stewart D.

Ebneter, Regional Administrator FROM:

Bruce S. Mallett, Director Division of Nuclear Materials Safety (DNMS)

SUBJECT:

AGREEMENT STATES' IMPLEMENTATION OF BANKRUPTCY FOLLOWUP (DAFFY NO. 96-331I)

As a result of a recent event regarding a bankruptcy case in Mississippi, you requested that DNMS review the followup of bankruptcy cases by the Region II Agreement States.

Richard Woodruf f reviewed the prograns in each Region II Agreement State and below is a summary of the results:

All the Region II Agreement States have regulations that address bankruptcy notifications for licensees possessing radioactive material under a State license.

The regulations are similar to those promulgated by the NRC in 10 CFR Part 30.

The State organizations responsible for followup do not have formal procedures for handling these cases.

In the cases that have occurred, the State organizations have resolved the case based on experience of the individual overseeing the followup.

In the Mississippi case, the licensed material (a gauge) ended up installed in another facility in the Commonwealth of Puerto Rico.

The causes included not having a system in place for early detection of bankruptcy in cases where such was not notified to the regulatory agency.

NRC has developed a procedure (Policy Guidance Directive PG 8-11), which aids in this followup, but does not completely solve the problem.

The procedure does, however, formalize the followup of declared bankruptcies and ensure timely actions are taken to resolve disposition of any associated radioactive material.

I have asked Mr. Woodruff to request, in writing, that the Office of State Programs include review of the handling of bankruptcy cases in the Integrated Materials Performance Evaluation Program for Agreement States.

The plan is to have this reviewed during this program review in each Agreement State to examine for compatibility with the NRC program.

If you have any quertion, please discuss with Mr. Woodruff or me.

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