ML20213G548
| ML20213G548 | |
| Person / Time | |
|---|---|
| Site: | Maine Yankee, 05000000 |
| Issue date: | 03/12/1987 |
| From: | Silkman R MAINE, STATE OF |
| To: | Murley T NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I) |
| Shared Package | |
| ML20213G127 | List:
|
| References | |
| FOIA-87-229 NUDOCS 8705180341 | |
| Download: ML20213G548 (7) | |
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- FlOI MaineDOTEPERMITS 03/12/86 08:51 P.
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.4 STATE OF MAINE EXECUTIVE DEPARTMENT STATE PLANNING OFFICE l
.: > N m. u,xa4 NAN. JM.
RICHARf3 H. SILMM AN d
ocusanoa H.srch 12, 1987 o'aa o m a e
t Dr. Tom Murley N
Region Administrator U.S. NRC 9
Office of Inspection and Enforcement Region 1 631 Park Avenue i
i King of Prussia, PA 19406
Dear Dr. Murley,
As per our telephone conversation, I have attached for your reviews 1.
Legislation which would create an on-site monitoring presence for the State of Maine at the Maine Yankee nuclear facility in Wiscasset.
2.
A memorandum og understanding between the NRC and the State of Oregon which contains many of the p.311Ls which s
are important to us.
This is an important issue for Governor McKernan in light of his concerns sa chief executive of the State of Maine and the upcoming referendum regarding the closing of Maine Yankee.
The Governor would very much like to announce in early April that the enclosed draft legislation is part of his legislative package.
l Accordingly, we would greatly appreciate a timely review by your I
office of the draft legislation.
I will call you in c week to 1
discuss this matter further.
Thank you in advance for your help I
on this matter.
Sinc y,
L Richard H. Silkman RHS:nv f
attachment cc:
Paul Lohaus 8705180341 870512 -
- 002630 PDR FOIA KNAPIK87-229 PDR 194 eTATE STREET. BTATE HOUSE WTATION 38. AUGUSTA MAINE 04333 TEL. (207) 289 3P61 or 3164
FI'01 MaineDOTEPERMITS 03/12/06 00:5' P.
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AN ACT to Establish a State Nuclear Safety Program for d
Commercial Nuclear Power Facilities in the State of Maine i
Be it enacted by the People of the Stt.te of Maine as
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follows:
Sec. 1.
5 M.R.S.A. Section 931, subsection 1, as amended by PL 1985, c. 785, is further amended by adding a new subsection after s,ubsection J as follows:
X State _ Nuclear Safety _ Inspector position _s at the state 2
Planning office _.
Sec. 2.
25 M.R.S. A. Section 51, as amended by PL 1971, C. 592, is further amended as follows:
Section 51.
Agreements.
i The Governor, the Department of Human Services and other state agencies designated at 22 M.R.S.A. See_ tion 676 in consultation with the State Nuclear Safety Inspector, in fulfillment of his duties pursuant to 25 M.R.S.A.
SectIon 52, the-Department-e8-Health-and-WeIlasi-and-the-Bureau-ed State-Poliee -or-any-posseny-depastment-es-agency-designated r
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by-the-Govesnery shall have authority to enter into i-agreements, understandings or arrangements with any other department or agency of this state, any federal agency, state, political subdivision or person to provide for mutual n
aid plans, emergency plans evacuation plans and their implementation,, memoranda of understanding and any other agreements deemed necessary to protect public and property l
in this State from hazards or dangers from radiation, radioactive materials, nuclear materials or the occurence of a radiological incident as a result of the presence of, release of or emissions from radioactive materials, radioactivity or nuclear materials in this state.
The hazards or dangers referred to in this section shall be only I
those arising from the peaceful use,_ transportation or storage of nuclaar or atomic materi,als.
Sec' 3 25 M.R.S.A. section 52 is enacted as follows:
Section 52.
state Nuclear Safety Procram.
A Poliev.
2 In the interests of the public healt_h and welfare of, the
.i people of this state. it is the declared public poTi.ev of
.I this State that the operation of nuclear power facilities liconsed 30 operate in Maine sEs11 be accomplished ana
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emnner consistent witE protection o7~the public hea'lth and safety and in compliance with the environmental protection
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policies of this State.
It is therefore the purpose of thig e
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F101 MaineDOTEPERMITS 03/12/96 08:52 P.
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.I Section, in coniunction with 22 M.R.S.A.
Section 671 to 690, 37-B M.R.S.A. Section 951 and~35 M.R.S.A.
Section 3331 to l l 3337, to exercise the durisdiction of the State of Meine to the maximum extent permitted gg the United States Constitution and to establish in cooperation gilg the j
Federal Government a State Nuclear Safety Inspector Irogram
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for the on-site monitoring, reculation and oversicht of the operations of commercial nuclear power facilities Within the i
State which hold an operating license issued by the _ Nuclear l
Regulation CoFm[ssion.
3 B.
State Nuclear Safety Inspector.
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The Governor shall_ appoint pursuant to 5 M.R.S.A_.
Section 931(k) an individual knowledaeable in tee field oJL commercial nuclear power production to serve as an on-site nuclear safety inspector, to advise the Governor 331 the Legislature on.,ssues perte[nina to the safe operation o{
nuclear faciT[t:,es and the safe transportation and storace of nuclear waste.and to consult w:,th other acencies of state e
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covernment whose activ[ ties perte:,n to these_ issues.
The
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State Nuclear Safety Inspector shall, at a minimum, possess a
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Master's decree with ma$or work in nuclear, mechanical, i #
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electrical or ch~emical engineerina and have at least three i
years experience in nuclear operations.
The State _ Nuclear Safety Inspector shall employ such other personnel gs mag be
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necessary to carry out the purposes of this Section.
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Responsibility of Nuclear Power Plant Licensees.
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P 1.
Inspection of Records.
Each nuclear Rower plant licensee sEall permit the inspection and copying, for"the purposes of
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this act, of its books and records, maintained in any form, provided, however, that books and reco_rds that are privileged as a matter of law, proprietary, s_ecurity L
related, og restricted kyt federal law, shall not be open to inspection.
Subiect to the approval of the Nuclear
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_ Regulatory Commission and of the nuclear power plant licensee, access ta books and records which are proprietary, security related, gr restr_icted bg federal law ear be if the State Nuclear Safety Inspector, on behalf of granted, 7~ enters into a nondisclosure agreement.
j For the state purposes o{ this subse_ct_ ion, proprietary information l.
Lncludes personnel records, manufacturers' proprietary i
nnformation, licensee proprietary information and trade
{p cecrots as defined by j6 M.R.S.A_. Section 1711TII).
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f 2.
Inspections of Froperty.
Each nuclear power plant Ticonsee shall permit moni_torino, for the purposes of this l.
act_ of the premises, ocuipment and materials, including i
sourco, special nuclear and byproduct materials, in its l:
posoeccion pr n or subject to its control.
FoTthe purooces of this oubsection,saonitoring means, observina the
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conduct o][ operations, includinq maintenance, cual_ity control ac_tivities, the preparation, transportation and j
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FI O I MaineDOTEPERMITS 03/12/86 08:53 P.
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handlina af radioactive waste, emissions monitorina, radiation protection and the observation of emergency E~
preparedness tests and drtTis.
Nothina 1,_ th_ij section shall l
prohibit a State NucIsar Saf ety Inspector from participatina j
g licenses training activities which age schecluded 1,01 1,1s 0
personnel.
Safety Inspector with unescorted access lo the plant at aAA times and on an identical basis as that provided to IIcensie personnel with unescorted _ access clearance,wrovidU that t h,e,
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state Nucl~ ear Safet_y Inspector complies witi the licensee's applicable access control measures for security 1
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radioloaical protection and personal safety.
Lhe State l
Nuclear Safety Inspector will be gubiect g and comply with such continuina security procedures and periodTc medical i
testina which jg applicable to all licensee employees a_s
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ma,g he,recuired to retain unrestricted facility access.
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4.
Office Space.
Any nuclear power plant licensee, upon He reauest of the Director of the State Plannina Office, shall j
provide rent-free space, includina all necessary utility and l[
$anitorial services, for the exclusive use of the State The office shall be convenient to Nuclear Safety Inspector.
i and have full access to the T elear power faciJj,,ty and shaII r
t d
e provide the State Nuclear Safety Inspector with privacy.
iL Each nuclear power plant licensee whose i
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Assessment _._
operathons are monitored under this Section shall ga,,,g to the j
Genera) Fund, f or appropriation to,t_he State Plannina l i;
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Off;,ce, the ful_1 cost of the on-sTee inspection proaram>-
ine,uding the cost,t.o; the_ state of personnel and frince benefits._,.
assessment under Wis paragraph shall not W
exceed $76. O ge_r_ year.
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l p,,,
Nuclear Regulatory Commission Activities, d
The State Nuclear Safety Inspector shall take all reasonable steps to cooperate with am on-site resident inspectors l
emplovE bl t,pe_ Nuclear Reaulatory Commission 13 a manner which enables these employees to fulfill their
- r res_ponsibilities under federalTaw a_n( regulathon.
Subiect J*
~to the approval of the Nuclear Reaulatory Comm:,ssion and g[
I E.-'ITeensee, and'~ pursuant to as N.R.s.a. sect:,on 51.3e
)*
State Nuclear Safety InspecEr~shall obserire periodic Nuclear Regulatory Commission inspections, meetings and cudits as they pertain to the safety of the licensee's Ih
~ operations and procedures.
!F L Bespons'ibilities gf,,t,,he, State N_uelear Safety Inspector.
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Reportina.
E the evenj,_the State Nuclear Safety Inspector has reason to believe that en,y, activity poses 1 1
dangar to public health and safety _,_h,e shall immediately l' ;
the Governor, the Commissioner o_f the Departmen_t of, i
notify E
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FI',01 MainoDOTEPERMITS 03/12/86 08:54 P.
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e Human Services and the nuclear power plant licensee.
Lhe State Nuclear Safety Inspector, with the cooperation of the director of Health Engineerina, within the Department 21 Human Services,shall prepare a report of h~is SCtivities under this Section to,he submitted Januarv T of_ each xa.or is the Governor and the Leaislature_.
The State _ Nuclear safety
_ Inspector shaTT prepare monthly reports of hig activiste.
for the Governori the President of the Senate and the Speaker of the House of Representatives.
2 Confidentially.
The State Nuclear Safety Inspector 2shall akee gs confidential ang privileaed info'rmation a
communications from any person which ag the opinion ~of the li state Nuclear Safety Inspector support a presumption jf
,l unsafe operation of a commercial nuclear power facility or i
which indicate gny ~vioIstich o{ the licensee's operating j j permit issued by the Nuclear Reaulatory Commission, unless
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l-the reauest for confidentially }s waived SE withdrawn gg i
'j such person.
The Safety Inspector shall mak,e all prudent efforts to investigate the basis for Jan related alleastion sll of unsafe or improper operation and shall cooperate to the extent feasible with Nuclear Reculatory Commission personnel
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jn this effort.
Notwithstanding any provisions to the 3
Liability.
2contrary which are otherwise established by the Maine Togt
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Clad es Act the State shall M liable for the neolicent acts 2
og omissnons gf the state Nuclear safety Inspector 1 or gng s
., i personne., under his direct supervision and control, which
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, occur gn the site of a commercial nuclear power facility gnd, which result in property damaae, bodily injury, death or reaulatory penalties.
31
. loc. 4.
22 M.R.8. A. section 673, as enacted by PL 1983. C. 345
..a amended by adding a new subsec, tion after subsection B; as iy
.Tollows:
8 A " nuclear power plant licensee" gr "nucleab power I
jaA2
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,!acility" or " nuclear power plant" or " licensee" gr " plant" means nuclear fusion thermal operatina plant situated in this State
,W iyhich holds an operatina permit or license issued Eg the Nuclear
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,teaulatory Commission.
I; lec. 5.
22 M.R.S.A. subsection 674(5), as enacted by PL 1983,
! 5
. 345, is amended as follows:
IE 5.
Coordination.
In consultation with the State Nuclear l
,1afety Inspector in fulflIlment of his duties pursuant to 25
- I 4.R.S.A. Sections 51 and 52, the commissioner shall serve as the
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'ioordinator of radiation activities among the Bureau of Civil lf' smergency Preparedness, Department of Public Safety and l
>epartment of Environmental Protection.
The commissioner shelle e
A.
Consult with and review regulations and procedures of f
the agencies and federal law to assure consistency and to 4
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FI,01 MaineDOTEPERMITS 03/12/86 08:54 P.
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prevent unnecessary dupliation, inconsistencies or gaps in regulatory requirements; and B.
Review, prior to promulgation, the proposed rules of all agencies of the State relating to the use of control radiation, to assure that these rules are consistent with the Maine Administrative Procedure Act, Title 5 chapter 375, and rules of other agencies of the State.
The review shall be completed within 15 days.
If the commissioner determines that proposed rules are
- nconsistent rules of other agencies of the State or federal law, he shall consult with the agencies involved in an effort to
- esolve these inconsistencies.
In the event no inconsistency is
- eported within 15 days, the proposed rules shall be presumed j
nonsistent for the purposes of this subsection.
Upon notification by the commissioner that the inconsistency has not i
lieen resolved, the Governor may find that the proposed rules or parts thereof are inconsistent with rules of other agencies of
.he state or the Federal Government and may issue or order to
- bat effect in which event the proposed rules or parts thereof ohall not become effective.
The Governor may, in the 41ternative, upon a similar determination, direct the appropriate ngency or agencies to amend or repeal existing rules to achieve consistency with the proposed rules.
i:ec. 6.
22 M.R.S.A. subsection 676(4), as enacted by pL 1983, et. 345, is amended as follows:
4.
Radioactive Waste.
The Department of Environmental Protection shall coordinate management of and shall serve as liason wi.th the United states Nuclear Regulatory Commission for high-level and low-level radioactive wastes, in consultation with the State Nuclear safety Inspector in fulfillment _o7_~Eis duties pursuant _t_o _2_5 M. R. S. A.. rd c tion s
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- ac.
7.
22 M.R.S.A. subsection 682(1), as enacted by PL 1983, i:. 345 is amended as follows:
1.
Authorized.
.The department or its duly authorised repraentatives may enter at all rear.onable times upon any private or public property for the purpose of determining whether or not there is compliance with or violations of the provisions of this Act and the rules issued thereunder, except that entry into areas under the jurisdiction of the Federal Government or its duly designated representative l
I shall be subject to the provisions of section _684 of _this
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Act an3~of Sections 51 and 52 of TitTe 25 which are hereby 1
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1 Incorpor3ted a refeFenes a_T. oTovisions ' f. this Act.
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FI'01 MaineDOTaPERMITS 03/12/06 08:55 P.
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4 STATENENT OF FACT It is the purpose of this bill to amend the Radiation 3rotection Act, and the Governor's statutory powers in a nadioactive emergency, to provide for on-site state monitoring of t he Maine Yankee Atomic Power Plant.
The State Nuclear Safety 2 nspector will regularly advise the Governor and consult with t hose State agencies with off-site responsibilities for nuclear s afety and will report periodically to the Legislature.
The on-s ite monitoring will be carried out by an engineer with knowledge and experience in the area of nuclear power employed by the state.
The position will be unclassified in order to attract and c ompensate a highly qualified individual..
The state shall be responsible for any negligent acts of the state Nuclear Safety 3 nspector on the site of the nuclear power plant. The cost of the grogram, up to a maximum of $75,000 will be paid for through an a ssessment on the Maine Yankee Atomic Power Company.
To the extent that any nuclear plant operations violate the Radiation Irotection Act, this bill incorporates the civil and criminal penalties of that Act.
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