ML20215H519
| ML20215H519 | |
| Person / Time | |
|---|---|
| Issue date: | 09/26/1986 |
| From: | Jennifer Davis, Stello V NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS), NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I), NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II), NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III), NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| Shared Package | |
| ML20215H368 | List: |
| References | |
| FRN-51FR35999, RULE-PR-30, RULE-PR-40, RULE-PR-70 860906-1, AC31-2, AC31-2-04, AC31-2-4, AC31-2-5, AC31-2-7, NUDOCS 8610230271 | |
| Download: ML20215H519 (4) | |
Text
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September 26, 1986
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MEMORANDUM FOR: Regional Administrators FROM:
Victor Stello, Jr.
Executive Director for Operations
' John G. Davis, Director Office of Nuclear Material Safety and Safeguards
SUBJECT:
DELEGATION AND ASSIGNMENT FOR THE U.S. AIR FORCE l
MATERIALS LICENSING ACTIONS TO THE APPROPRIATE REGION l
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1.
Pursuant to NRC Manual Chapter 0128, " Organization and Functions-Regional Offices," the Regional Administrators are hereby assigned and authorized I
(hereafter referred to as authorized) to perform certain licensing actions l
as described herein, effective October 1,1986.
This authorization supersedes the previous delegations issued to Re 27, 1982 and to all Regions on April 1,1983 (gions I and III effective May published April 14, 1983), April 2, 1984, and April 2, 1985.
2.
Under the Atomic Energy Act of 1954, as amended, and the Energy Reorganization Act of 1974, as amended, the Office of Nuclear Material Safety and Safeguards (NMSS) is responsible for the principal licensing, regulation, and safeguarding of facilities and materials specified in the Atomic Energy Act of 1954 associated with the processing (, transport, and handling of source, byproduct, and special nuclear materials hereafter referred to as nuclear materials).
Consequently, NMSS will remain responsible for determining overall licensing and regulatory policy for actions which the Regions have been authorized to perfonn pursuant to this memorandum. To enable NMSS to execute this responsibility properly, NMSS will maintain eversight of these licensing actions. This oversicht shall include, but not be limited to, ongoing review of documentatk... periodic assessments of activities being conducted by the Regions, and the ongoing coordination and consultation between NMSS and the Regions regarding authorized licensing actions. The NMSS Director retains the authority to take actions determined necessary in all matters hereby authorized to be performed by the Regions.
3.
All Regional Administrators are authorized to issue, renew, amend, cancel, modify, suspend, or revoke, under the provisions set out by this delegation, licenses for nuclear materials-issued pursuant to 10 CFR Parts 30 through 35, 40, and 70 to all Federal facilities throughout the United States under NRC jurisdiction except the United States Navy and to all persons in non-Agreement States, Guam, Puerto Rico, the Virgin Islands and the District of Columbia for academic, medical, and industrial uses, with the following exceptions:
8610230271 861016 R
73 51 35999 PDR
2 Regional Administrators A.
Activities in the fuel cycle and special nuclear material in quantities sufficient to constitute a critical mass in any room or area. This exception does not apply to license modifications relating to termination of special nuclear material licenses that authorize possession of larger quantities when the case is referred for action from the Nuclear Regulatory Commission's Headquarters to the Regional Administrator.
B.
Health and safety design review of sealed sources and devices, and approval, for licensing purposes, of sealed sources and devices.
C.
Processing of source material for extraction of metallic compounds (including Zirconiun, Hafnium, Tantalum, Titanium, Niobium, etc.).
D.
Distribution of products containing radioactive material to persons exempt pursuant to 10 CFR Parts 32.11 through 32.26.
i E.
New uses or techniques for use of byproduct, source, or special nuclear material.
I 4.
All Regional Administrators are authorized to issue, with the concurrence of the NMSS Director, notices of the denial or the proposed denial of applications for materials licenses and amendments or renewals thereof, pursuant to 10 CFR Part 2, within the parameters delineated in paragraph 3 above.
1 5.
Actions initiated by the Regional Administrator to suspend, modify, or revoke licenses must have the concurrence of the NMSS' Director.
6.
All Regional Administrators are authorized to respond to all Freedom of Information Act inquiries as well as inquiries from Congress, the media and others about licensing actions the Regions have the authority to perfonn.
7.
Actions pertaining to the disposal of nuclear material by burial or unprecedented method.must have concurrence of the NMSS Director.
8.
All matters which arise that reasonably could be expected to have policy implications relating to delegated licensing actions shall be referred to the NMSS Director for resolution.
If a licensing and/or regulation matter arises which has not been specifically authorized pursuant to this memorandum, it remains the responsibility of NMSS until a specific authorization is made to the Regions.
9.
Disagreements which arise between NMSS and Regional staffs on whether or not an issue constitutes an item which remains the responsibility of NMSS, or on the way in which a delegated item (s) has been handled will be referred to the NMSS Director who will consult with the Regional Administrator prior to issuing a final resolution.
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'Re.gional Administrators 3
- 10. ' Disagreements between potential or existing licensees relative.to decisions made by th.e Regional Administrators pertaining to license actions should be made known imediately to the NMSS Director.
If resolution cannot be achieved at the Regional level, the applicant /
licensee shall be informed in writing by the Regional Administrator, with a copy to the NMSS Director, that it may seek resolution of the matter with the NMSS Director.
- 11. Delegated licensing actions are to be performed in accordance with policy guidance and standard review plans issued by the NMSS Director.
- 12. NMSS will provide a copy of this delegation, related revisions, and other related documents to the Deputy Executive Director for Regional Operations and Generic Requirements and the Assistant General Counsel for Enforcement, Office of the General Counsel.
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Victor SteHo, Jr,/j/
Executive Direct #r for Operations Wf
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. John G. Davis, Director Office of Nuclear Material Safety and Safeguards
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AC31 _
PcA NMSS OFFICE ANALYSIS FINAL RULE - REGIONAL NUCLEAR MATERIALS LICENSING FOR THE UNITED STATES AIR FORCE ISSUE / PROBLEM In 1985, NRC announced its intention to transfer licensing authority for the U.S. Air Force nuclear materials licenses to the appropriate Region, once those licenses were consolidated into one " master" license. The announcement was made in the Federal Register (50 FR 14692), the Daily Staff Notes, and in congressional letters. Those U.S. Air Force licenses are now consolidated.
NECESSITY FOR RULEMAKING To implement the announced policy decision described above in furtherance of NRC decentralization of licensing authority.
ALTERNATIVES No justifiable alternative. Other Federal licensees are now under Regional authority.
SOLUTION Amend 10 CFR 30, 40, and 70 to eliminate current wording which excludes the U.S. Air Force license from the decentralization p-ogram.
COSTS AND BENEFITS Only one nuclear materials licensee is affected. The U.S. Air Force would be provided a closer NRC point of contact. Minor economic and administrative savings for both the Air Force and the NRC should result from the action.
SCHEDULE Unless otherwise directed by the Commission, the ED0 has the authority to sign the rule and forward it to the Office of the Federal Register. The rule could become effective by October 1,1986, and would require less than one-tenth of a staff year of effort.
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