ML20212J683
| ML20212J683 | |
| Person / Time | |
|---|---|
| Issue date: | 10/03/1986 |
| From: | Kerr G NRC OFFICE OF STATE PROGRAMS (OSP) |
| To: | Jennifer Davis, Parler W, Taylor J NRC OFFICE OF INSPECTION & ENFORCEMENT (IE), NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS), NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| Shared Package | |
| ML20210H056 | List:
|
| References | |
| FOIA-87-47 NUDOCS 8703090099 | |
| Download: ML20212J683 (1) | |
Text
Distribution:
SA R/F g pq Dir R/F J0Lubenau (1 cxtra copy) w/ enc 1.
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MEMORANDUf1 FOR: John G. Davis, Director Office of Nuclear Materials Safety and Safeguards James M. Taylor, Director Office of Inspection and Enforcement William C. Parler, Director Office of the General Counsel James B. Keppler, Regional Administrator Region III FRO'i: G. Wayne Kerr, Director Office of State Prograns
SUBJECT:
ILLIN0IS REQUEST FOR SECTION 274b AGP.EEME!!T
. Attached for your concurrence is a copy of the pre-publication Federal Register notice and the State's submittal describino Illinois' program for the assumption of certain of the NRC's regulatory responsibilities.
Governor Thonsson femally submitted the proposal to Chairman Zech on October 2, 1986. A draft of the proposal was circulated to your o'fice for review on September 10, 1986. We reviewed your coments on the draft and in early October,1986 informed you of how we planned te handle them. Illinois has incorporated our suggestions into the final proposal. For those interested in the Illinois LLK progran, see Sections II.C.1.a) and b) and IV.B of Vol. I. I would appreciate your response by c.o.b. October 17, 1986.
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G. Wayne Kerr, Director Office of State Programs
Enclosures:
- 1. Pre-publication Federal Register notice
- 2. Illinois submittal cc: w/ enc 1.
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MEMORANDUM FOR: James M. Taylor. Director Office of Inspection and Enforcement l l
Guy H. Cunningham l Executive Legal Director ;
... John G. Davis. Director Office of Nuclear Material Safety and Safeguards Harold 7, Denton. Director' Office v,f nuclear Reactor Regulation Jones G. Keppler, Regional Administrator -,
Region !!!
Robert 8. Minogue. Director Office of Nacicar Regulatory Research FRON: G. Wayne Kerr, Director Office of State Programs
$U8 JECT: DRAFT PROPOSAL FROM ILLIN0!$ FOR AGREEMENT ST7TE STATUS i
Enclosed for your review and comment is a draft proposal from 1111 acts i
for a 274b agreement with the NRC. The proposal includes the Progran Statearnt (Volume I), Statutes (Volume !!). Regulations (Volone !!!), a draf t letter from the Goveroor and a draft agreement. The proposal covers byproduct material as defined in Section 11(e)(1) of the Atomic Energy Act, source material, special nuclear material in quantities not suf ficient to form a critical mass and the land disposal of byproduct, source and special nuclear material covered by the agreement. The State will not be requesting authority to regulate byproduct material as defined in 11(e)(2) of the Atomic Energy Act (sill tailings) for the
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present.
The appropriate criteria for review of this proposal are those contained in the NRC Policy Statement ' Criteria for Guidance of States and RRC it. Discontinuance of NRC Regulatory Authority and Assumption Thereof by States Through Agreement" (copf enclosed). The state followed the Suggested State Regulations (55R) developed by the Conference of Radiation Control Program Directors in draf ting its regulations. The latest 55R revision (19S2) was approved by the NRC staff.
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Our eaderstanding is that under the agreement 1111oots would assume j re;Jptory control over the Sheffield low-level radioactive waste i dispn al site since the State is requesting authority to regulate j low-level waste disposal. We would appreciate a statement from ELD 1 regarding the procedures involved for transferring the RC license for i Sheffield tc-Gie State.
We would appreciate your comments on the proposal by Angust 30,1985.
G. Wayne Karr. Director Office of State programs
Enclosures:
As stated cc: Roland Lickus. Region 111 Distribution:
SA R/F Dir R/F BMlussbaumer R/F I111eois file (fc)
Begica III file SA OSP DANussbaumer/bh efterr 8/8/85 8/ /84
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g Ref: SA/R't MD10RAMDt#1 FOR: Robert B. Minogue. Director Office of Nuclear Regelstery Research FROP.: G. Wayne Kerr. Director Office of State Programs
SUBJECT:
DISP 051T10M 0F RES Cf1PMD(T5 DN DRATT PROPOSAL FRM ILLIN0!$ FOR AGREEMENT STATE STATUS Thank you for your October 1,1985 comments on the subject draft proposal. Illinois will revise its proposed regulattens to confers the-requirements for very high radiation areas to those contained in 1C CFR FC.203(c)(6).
When the rNevest for a section 274b Agreement is formally submitted by Governor Thompson, we will prepare an hTC staff assessment for publication for public cousent in the Federal Register. This will br coordinated with RES.
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G. Wayne terr. Director Office of State Programs Distribution:
SA R/F Ofr R/F JOLubenau w/facoming Illinois file (fe) w/f acoming l
R.belna, Mr **
J0Lubenau/bh DANyssbaumer GWKerr
,Sc I2 11/19/85 11/ /85 11/ /45 p. '
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Ref: SA/JCL SEP 101996 PE ?i # : W i FC:i: Johr. C. Davis. Director. M**.SS James it. Taylor. Director.1E Der.w.ud F. Ross. Acting Director. RES William C. Parler. General Covasel. OGC ,
James G. Keppler, Regional Adoinistrator, p.i!!
FRM: G. Wayne Kerr. Director Office of State Programs S'2]ECT: DRAFT PROPCSAL FRai ILL!NCIS FOR SECTION 2745 AGREEMEliT Illinois is proceeding towards a Section 274b Agreenent with MRC. The State's target date for the Agreement to become effective is January 1, 1937.
Tne State prepared an initial draft program narrative and proposed regulations last sunner and, with your staff's assistance. OSP provided comments to Illinois on November 15 and 18, 1985. Since then, Illinois has moved their regulations through the adoption process. Minor changes .
to the proposed regulations have been made to accoweodate Illinois rulemaking requirements. These were made in consv1tation with OCC and OSP staffs. Illinois has made the necessary changes to the regulations to enable an MRC staff finding of compatibility for the regulations.
Miner amendments to the State statutes affectir.g the program were enacted by the legislature and signed by the Governor. These have been reviewed by OGC and OSP staffs and found to be acceptable. Lastly, the propssed agreement document has been revised and a review by OGC and OSP l staffs has found it to be acceptable.
l Illinois staff have now completed a redraf t of their program narrative and submitted it to NRC for councat. The submittal includes the narrative, pertinent legislation and the regulations in their final form (enclosure 2).
The fornal request for an Agreement will be in the form of a letter froc Governcr TI.oepson to Chairaan Zech. In view of the State's target for an effective date of Janusry 1,1967, the Governor's request should be subnitted by the Gev(rncr as early as possible but no later than about Ocwher 1,19E5. To enable the State to rett this milestone, we wavid
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4 eppre:iau. reccivir.g your comments on the redraf ted illinois packap by c.c.1. Septee.ber 19, 1986. If you wish, Don f.ussbewwr and Joel 1.ub-nau can met with you to discuss the results of your review. We will thte discuss and resalve the staff's coments with Illinois so that the Governor's request can be handled expeditiously when it is received.
khen the forcal request frca Goverr.ar Thogsca is received OSP will prepare an assessmnt and FR notice and circulate the request (with suppsrting docuents), assessnent ar.d FR notice to you for cor.currenct..
Following the public connent period. OSP will evaluate the cormats an?.
prepare a Comission paper on the request. The reference criteria for evaluating a request ft,r a section 274b Agreement are cor.tained in a Cornission Policy Statement (enclosure 1).
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G. Wayne" Kerr Director Office of State Prograns
Enclosures:
As stated ,
cc: w/ enc 1.
R. Lickus. 51.0, Region 111
Contact:
D.A. Nussbaumer, 127767 J.0. Lubenau, 129BB7
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Distributies:
SA R/F Dir R/F l
J0Labemes,w/ enc 1.
DANussbaumer, w/ enc 1.
Ofterr. w/encil.
1111acis file (fc) w/ enc 1.
l RSAR w/ enc 1.
! SA Staff, w/ enc 1.
l SA SA OSP J0Lubanau/bh DANussbaumer efterr 9/5/86 9/ /86 9/ /86
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