ML20210K469

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Staff Requirements Memo Re SECY-99-179,section 274b Agreement with State of Ohio.Commission Approved Proposed Agreement Between State of Ohio & NRC
ML20210K469
Person / Time
Issue date: 08/04/1999
From: Vietticook A
NRC OFFICE OF THE SECRETARY (SECY)
To: Travers W
NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
References
REF-10CFR9.7 SECY-99-179-C, NUDOCS 9908060132
Download: ML20210K469 (3)


Text

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UNITED STATES , 7 g.

NUCLEAR REGULATORY COMMISSION E j WASHINGTC,N, D.C. 20555-0001 ,,,,,,,,,,,,,,,,,

+,, ***** f August 4, 1999 SECRETARY MEMORANDUM TO: Williarn D. Travers Executive Director for Operations FROM: Annette Vietti-Cook, Secretary

SUBJECT:

STAFF REQUIREMENTS - SECY-99-179 - SECTION 274b AGREEMENT WITH THE STATE OF OHIO  !

The Commission has approved the proposed Agreement between the State of Ohio and the Nuclear Regulatory Commission pursuant to Section 274 of the Atomic Energy Act. The staff should incorporate the changes provided in the attachment in the Agreement, the Congressional letters, the press release, and the Federal Register notice.

Attachment:

Changes to the Agreement, the Congressionalletters, the press release, and the Federal Register notice.

cc: Chairman Dicus CommissionerDissz CommissionerA4cGaffigan Commissioner Merrifield OGC CIO CFO OCA OlG OPA Office Directors, Regions, ACRS, ACNW, ASLBP (via E-Mail)

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9908060132 990004 PDR 10CFR PT9.7 PDR m - 6 5, Re M-

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i Attachment Changes to the Agreement,the Congressional letters, the press release,

! and the Federal Register notice.

Chanaes to the Proposed Ameement

1. On page 5, in paragraph d.,line 1, replace the commas around 'if any' with parentheses.

- 2. On page 5, in paragraph d., line 4, insert a comma after 'section'.

Chanaes to the Conaressional letters

3. In paragraph 1, revise the last sentence to read ' . . special nuclear materials received from other by persons othcr than the licen;;;s veh;ch generated the vsasts.'

l 4. In paragraph 2, line 1, delete the comma after '1998'.

5. In paragraph 4, line 3, insert the following at the end of the 1" sentence:

NRC staff has identified 574 licensees that will be transferred to Ohio in whole or in part and continues to work with representatives of the Ohio program to ensure a smooth ,

transition forboth the regulator and its licensees. Consistent with the agency's oversight )

of the Agreement State program, l

6. Add the following at the end of paragraph 4:

j NRC will retain jurisdiction over 19 materials licensees, including certain Federal facilities, exempt distribution, and two licensees authorized to possess special nuclear material. In addition, TDC will retain jurisdiction over the gaseous diffusion plant in Portsmouth and two rt car power plants near Toledo and Painesville.

Chances to the Press Release j i

7. On page 1, paragraph 1, revise line 1 to read 'The U.S. Nuclear Regulatory Commission I (NRC) has approved . ..'
8. On page 1, paragraph 1, revise the last sentence to read 'The proposed agreement was published for four consecutive weeks in the Federal Register beginning-in March 11, 1999 and twenty-five comment letters were received. The agreement will become . '
9. On page 1, revise paragraph 2 to read ' . and enforcement concerning: the use of (1) red lcactive materials made radioactive in certain non-power reactors used for this l purpose; produced as byproducts of the operatlon of nuc! car rcactors (2) the tailings or l wastes produced by the extraction or concentration of uranium or thorium from

} processed ore; (3) 9) uranium and thorium source m'aterials; and-(-3) (4) special nuclear I materialin quantities not sufficient to form a critical mass. small quantitics of fissionable l metenels

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.10. On page 1, paragraph 3, revise line 1 to read ' . state to regulate radioactive waste, the land disposal ....' '

11. On page 2, insert the following at the beginning of paragraph 2:

NRC will retain jurisdiction over 19 materials licensees, including certain Federal facilities, exempt distribution, and two licensees authorized to possess special nucle:.r material. In addition,

12. On page 2, paragraph 2, revise line 2 to read ' . . Painesville, Ohio, and-over the U.S.

Enrichment ....' -

13. On page 2, add the following to the end of paragraph 2:

1 NRC does not regulate Department of Energy (DOE) facilities, such as the Fernald and  !

- Mound sites and the entombed Piqua reactor, and these are not affected by the j Agreement. These facilities will continue to be self-regulated by DOE. l I

14. On page 2, add to the end of the last paragraph-  !

Four other States are in various stages of entering into agreements with NRC. They are Pennsylvania, Oklahoma, Minnesota, and Wisconsin.

1 Chanoes to the Federal Reoister notice I

15. On page 2, paragraph 1, last sentence, delete ',' after ' safety' and delete 'that it is'.
16. On page 2, add the following to the end of the 1" paragraph:

NRC will retain jurisdiction ener 19 materials licensees including certain Federal facilities ;

and exempt distribution. In addition, NRC will retain jurisdiction over the gaseous l diffusion plant in Portsmouth, Ohio and two nuclear power plants near Toledo and l Painesville. l i