ML20217A569
| ML20217A569 | |
| Person / Time | |
|---|---|
| Issue date: | 09/15/1999 |
| From: | Jorgensen B NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III) |
| To: | Bushkill S TECHNICAL WELDING & INSPECTION SERVICES |
| References | |
| SP-96-022, NUDOCS 9910120021 | |
| Download: ML20217A569 (1) | |
Text
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L September 16 1999 L
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L' Stanley Bushkill E
i Radiation Safety Officer g
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- Technical Welding Inspection Inc.-
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P. O. Box 1115 a
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Paducah, KY 42002 :
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SUBJECT:
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EXCLUSIVE FEDERAL JURISDICTION: REGULATORY AUTHORITY'OVER T
THE USE OF RADIOACTIVE MATERIAL -
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Dear Mr. Bushkill:
During an Au' gust 31,1999, inspection by this office of a State of Illinois licensee at the Olmstead Lock and Dam project located approximately 10 iniles west of Metropolis, Illinois, the NRC identified that you had performed licensed operations at the same facility in June through August 1999. At the time of the inspection, we believed the that the site was under Exclusive Federal Jurisdiction and we were concerned that you did not file an NRC Form 241 with the NRC when you performed work at the site. In addition, you could not provide documentation
_ that the Olmstead Lock and Dam property was or was not under Exclusive Federaljurisdiction.
Subsequently, the Army Corps of Engineers notified the NRC in a faxed letter dated
' September 9,1999, (Enclosure A) that the Olmstead Lock and Dam project is not an Exclusive Federaljurisdictional area. Therefore, you were not required to submit an NRC Form 241 to us prior to performing radiographic operations at this project.
lIn order to assist you in determining whether an area is considered Exclusive Federal i
' Jurisdiction, the NRG is including in this letter a State Ag,eements Program Information
' (SP-96-022) Notice on the subject (Enclosure B) dated February 16,1996.
. lf you have any questions regarding this letter or the enclosures, please contact Mr.~ James Lynch at 630-829-9661 or Michael LaFranzo at 630-829-9865.
Sincerely, 9910120021 990915 Original signed by PDR STPRO ESOK Bruce L. Jorgensen, Chief Decommissioning Branch
Enclosures:
As stated bec w/encis: PUBLIC IE-07 DOCUMENT NAME: G:\\SEC\\TECHWELD.wpd
- To receive a copy of this document, Indicate in the box "C" = Copy w/o attach /enci "E" =
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Copy w/ attach / encl "N" = No copy
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Enclosure A i
DEPARTMENT OF THE ARMY 113. ARMY ENeedEER DISTA407. LOUISVILLE
.O B X LOUl8VILLE. KENTUCKY 40201-0059
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September 9, 1999 Real Estate Division Civil Branch j
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Mr. Michael LaPranzo l
U.S. Nuclear Regulatory Commission Region 3 801 Warrenville Road Lisle, Illinois 60532
Dear Mr. LaFranzo:
l The United Sates does not have any legislative jurisdiction in any of the property purchased for the l
Olmsted Lock and Dam project.
We have a proprietorial interest only.
We have acquired legal title to the 1
property in one form or the other, but we have not obtained l
any measure of the State's authority over the purchased area.
If you have further questions regarding this matter, please call me at $502) 582-5347.
Sincerely, Charles E. Woods Attorney-Advisor 7___
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,, D Enclosure B t
DATED: FEBRUARY 16,1996 SIGNED BY: PAUL H. LOHAUS
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- ALL AGREEMENT STATES
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MASSACHUSETTS, OHIO, OKLAHOMA, PENNSYLVANIA L
-TRANSMITTAL OF STATE AGREEMENTS PROGRAM INFORMATION (SP-96-022) l Your attention is invited to the attached correspondence which contains:
L INCIDENT AND EVENT INFORMATION.......
l PROGRAM MANAGEMENT INFORMATION.......
TRAINING COURSE INFORMATION..........
TECHNICAL INFORMATION................
L'ICENSEE JURISDICTION OTHER INFORMATION....................XX DETERMINATION PROCEDURE &
\\
STANDARD LICENSE CONDITION Supplementary information:
Enclosed is the final recommended procedure for determining jurisdictional status at a Federal facility (e.g., exclusive Federal jurisdiction) (Enclosure 1) and a revised suggested license condition for Agreement State temporary jobsite licenses (Enclosure 2).. Attachment 1 to this procedure is designed to be used by Agreement State licensees to obtain jurisdictional determinations when they intend to work at Federally controlled sites. The NRC's intent in preparing this procedure is to increase the efficiency by which jurisdictional determinations are made. NRC cannot effectively
- maintain accurate information regarding the jurisdictional status of Federallands or facilities throughout the country, because of the large number of sites and the fact that their status is constantly changing. Accordingly, pursuant to this procedure, NRC is urging licensees to contact the local Federal agency or military base directly, in order to reduce the time and resources required to obtain such information. We request that you send a copy of Attachment 1 of this procedure to your temporary jobsite licensees.
In All Agreement States Letter SP-95-174, we provided information and draft guidance on jurisdictional determinations and reciprocity, and we requested your review and comment. The following is a summary of major comments received to date and staff
. remarks addressing them:
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.,i SP-96-022 1.
It was sungested that asking licensees to obtain written statements from Federal agencies is costly and time consuming.
Response:- The procedure has been modified slightly to indicate that a written response from the cognizant agency is preferable but not necessary.. We believe that a written statement from the agency is preferable as it provides a permanent record for use by the licensee in future activities. However, we understand that reciprocity activities often involve time constraints.
In addition, we note that it is not our intent to impose any additional requirements on licensees through this procedure. Accordingly, the language has to be changed to stress that written statements are recommended.
2.-
it was suggested that Agreement States could, under contract, regulate radioactive materials at Federal facilities in Agreement States.
g Response: The use of AEA radioactive material at Federal facilities in Agreement States is subject to regulation by the NRC or the Agreement State in which the facility is located. The following factors determine which agency regulates AEA material in that State:
i
- a. Federal agency licensees are regulated by the NRC.
- b. 'Non-Federal licensees operating in areas subject to exclusive Federal jurisdiction are regulated by the NRC.
- c. Non-Federal licensees operating in areas that are Dg1 subject to exclusive Federaljurisdiction are regulated by the Agreement State in which -
g the facility is located.
Staff is exploring the possibility that Agreement States could perfomi NRC functions under contract with NRC, such as inspection of Federal licensee activities or activities conducted in areas of exclusive Federal juMotion at Federal facilities. While such activities by Agreement States on NRC's behalf may be possible, we note that wholess's transfers of jurisdictional responsibility cannot be achieved by contract as the comment suggests.
3.~
lt was suggested that there are n. s mions of exclusive Federal jurisdiction and
~ that the remaining areas are decl;ning. Agreement States should, therefore, assume that they have regulatory authority throughout their State unless challenged. Any violations discovered would be shared with the licensee's issuing agency.
M.
>: : b d-Response: We believe that such an approach may lead to legally invalid enforcement actions _by the State in some cases if the State chooses to assume that it has authority
.. unless challenged.
"SP-96-022 4.
A question was raised regarding the fees paid by Agreement State licensees desidng to work in areas subject to NRC regulation. Specifically, Federal agency licensees are exempt from paying fees to the Agreement States in which they
- are located. Further, NRC licensees and licensees working under reciprocity in
. areas of exclusive Federal jurisdiction are exempt from paying fees to the Agreement Stete where the work is being performed. This creates a favorable advantage for the NRC licencee versus the Agreement State licensee.
Response: The NRC fee schedule is based on a Congressional mandate that NRC '
operate on user fees. Agreement States can elect not to charge fees, but NRC cannot.
It should be noted that just as Agreement State licensees have to pay a fee to operate in areas of NRC jurisdiction, NRC licensees often have to pay a fee to Agreement States to operate in areas of Agreement State jurisdiction. We do not believe, in general, that NRC licensees enjoy an economic advantage over Agreement State licensees when it comes to fees.
5.
it was suggested that the temporary jobsite standard license condition be expanded to address Agreement State licensees working in other Agreement States.
Response: We agree and have enclosed a revised standard license condition which
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i we believe addresses this comment (see Enclosure 2).
A copy of the final Information Notice on temporary jobsite work on Federally controlled land in Agreement States will be sent to you at the time it is issued through routine
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distribution.
Richard L. Bangart, Director Office of State Programs
Enclosures:
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Date: February 16,1996 NRC PROCEDURE FOR DETERMINING EXCLUSIVE FEDERAL' JURISDICTION l
1.
Introduction l
This procedure describes the process for resolving questions of jurisdiction over facilities and sites where NRC and Agreement State licensees may propose to operate, which affect whether NRC or an Agreement State is the appropriate licensing agency. (NOTE: Federal ownership of land does not necessarily mean that licensees are subject to NRC regulatory control when working on that site.)
II.
Areas of Exclusive Federal Jurisdiction An area of exclusive Federal jurisdiction is an area over which the Federal govemment exercises legal control without interference from the jurisdiction and administration of State law. The creation of an area of exclusive Federal jurisdiction occurs as a result of State consent at the time the Federal govemment nequires control over the land.
The determination of whether a Federal enclave is an area of exclusive Federal jurisdiction must be made on a case-by-case basis since the status of such land is subject to change. The most efficient way to make determinations is to contact the Federal agency responsible for exercising Federal control over the enclave.
Ill.
Responsibilities and Procedures Jurisdiction determination requests or questions should be handled utilizing one of the following approaches:
1.
In response to inquiries or questions on jurisdictional status, the licensee should be asked to determine, from their Federal agency contact at the site or the facility where the work is to occur, the jurisdictional status of the areas where the licenseo plans to work. See Attachment 1, " Recommended Procedure for Licensees to Obtain Jurisdiction Determinations", for guidance to be followed by licensees proposing to work at Federally controlled jobsites in Agreement States.
i If the area is under exclusive Federaljurisdiction, an Agreement State licensee should obtain, if practicable, a written statement from the Federal facility to that effect and submit the statement along with the reciprocity notification or application. An Agreement State licensee may not work in areas of exclusive Federal jurisdiction without either: (1) filing a Form 241 in accordance with 10 CFR 150.20(b), " Recognition of Agreement State Licensees"; or (2) by applying for a specific NRC license.
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'2.
If a licensee has been unable to obtain a jurisdictional determination on a l
proposed Federally controlled jobsite or is unable to identify a local or regional l
Federal agency representative, the NRC staff (Regional or Headquarters) should direct the licensee to contact the appropriate Federal agency headquarters contact for assistance in identifying the name of the appropriate local or regional representative the licensee should contact to obtain the determination. A list of Federal agency headquarters contacts is contained in Attachment 2. Staff should also use these Federal agency headquarters contacts for assistance on jurisdiction determinations.
3.
An NRC licensee planning to conduct operations at a Federal facility, where the i
l Agreement State has jurisdiction (i.e., it is D9.t an area of exclusive Federal l
Jurisdiction), must file for reciprocity with the Agreement State regulatory L
authority in accordance with the State's regulations or obtain a specific license from that State. A list of Agreement State agency contacts is contained in l
l.
- An Agreement State licensee found to be involved in an area of exclusive Federal
' Jurisdiction without a prior NRC license or without prior filing for reciprocity under 10 CFR 150.20 is potentially subject to escalated enforcement action, including civil penalties and orders. However, NRC will not take enforcement action against an Agreement State licensee for such violations if the licensee has evidence that it received a determination from the Federal Agency that the area of work is not under exclusive Federal jurisdiction. This evidence may be a written statement from the Federal Agency that provided the determinatlon and the date that it was provided cr a written record should be made of the name and title of the person at the Federal agency who provided the determination and the date that it was provided.
Attachments:
Recommended Procedure For Licensees List of Federal Agency Con'. acts List of Agreement State Contacts
i RECOMMENDED PROCEDURE FOR LICENSEES TO OBTAIN JURISDICTION DETERMINATIONS If you intend to conduct licensed activities at a Federally controlled site (e.g., a Federally controlled site in an Agreement State), the jurisdictional status of the site should be determined. If you are uncertain regarding the jurisdictional status of a proposed work site, it is recommended that you take the following steps:
- a. Obtain specific information regarding the location of the proposed work site (e.g., street address, Range / Township, building or hangar
- number, distance from e. specific intersection, or other identifying details) and identity of the Federal agency controlling the proposed work site.
b.
Call the Federal agency's local contact (contract officer, base environmental health officer, district office staff, regional office staff, etc.)
and request information regarding the jurisdictional status of the proposed work site. We recommend that you request such a statement in writing.
Othenvise, you should document for your records the name and title of the person at the Federal agency who provided the determination and the date that it was provided.
- l. If the work site is identified as falling under " Exclusive Federal Jurisdiction" and you are an Agreement State licensee, your notification of proposed work (NRC Form 241) and,if available, a copy of the statement of jurisdiction from the agency should be submitted to NRC.
In lieu of submitting an NRC Form 241, Agreement State licensees may
. apply for a specific NRC license to operate in areas under NRC jurisdiction.
If you are an NRC licensee, no action is required.
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- 11. If the work site is identified as other than " Exclusive Federal
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Jurisdiction" you should contact the Agreement State within which the facility resides.
An Agreement State licensee found to be involved in an area of exclusive Federal jurisdiction without a prior NRC license or without prior filing for reciprocity under 10 CFR 150.20 is potentially subject to escalated enforcement action,' including civil penalties and orders. However, NRC will not take enforcement action against an Agreement State licensee for such violations if the licensee has evidence that it 1
received a determination from the Federal agency that the area of work is not under exclusive Federal jurisdiction. This evidence may be a written statement from the 4
i Federal agency that provided the determination and the date that it was provided or a
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- written statement signed and dated by the licensee documenting the name and title of I
the person at the Federal agency who provided the determination that the work site was
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' no',in an area of " Exclusive Federal Jurisdiction" and the date the determination was p.ovided.
L ATTACHMENT 1 4
i List of Agreement State Contacts PLACE HERE ATTACHMENT 3 1
1 1
e.
LIST OF FEDERAL AGENCY HEADQUARTERS CONTACTS
- 1. Department of Agriculture (National Forests)
Forest Service National Forest System Realty Management Branch P.O. Box 96090 Waehington, DC 20090-6090
Contact:
Mr. J. Kenneth Myers Tel# (703) 205-1248
- 2. Department of Defense -
- a. U. S. Army - Corps. of Engineers (Army & Air Force)
Real Estate Division 20 Massachusetts Ave., NW Washington, DC 20314-1000
Contact:
Mr. Barry J. Frankel, Director Tel# (202-761-0483)
- b. U.S. Navy (Navy & Marines)
Installations & Facilities 2211 Jefferson Davis Highway Arlington, VA 20360-2000
Contact:
Mr. John Simeon, Facilities Director Tel# (703) 602-2686
- 3. General Services Administration (VA & other non-military facilities) 18th & F Street, N.W.
Washington, DC 20405
Contact:
Ms. Sharon Roach, Associate General Counsel Real Property Division Tel# (202) 501-0430
- 4. Department of the interior 1
- a. National Park Service (National Parks)
Land Resources Division 800 N. Capitol Street, N.W.
Washington, DC 20002 4
Contact:
Mr. William D. Shaddock, Director 1
Tel# (202) 343-4828 i
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- b. Bureau of Land Management (BLM Lands) 1849 C Street N.W.
Washington, DC 20240
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Contact:
Mr. W. Hord Tipton, Assistant Director Tel# (202) 208-4201 l
FOR THE LATEST LISTING OF FEDERAL AGENCY CONTACTS AND TELEPHONE NUMBERS, CONSULT THE FEDERAL EXECUTIVE DIRECTORY OR YOUR LOCAL l
TELEPHONE DIRECTORY.
l ATTACHMENT 2 i
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