ML20217B279
| ML20217B279 | |
| Person / Time | |
|---|---|
| Issue date: | 03/04/1998 |
| From: | Callan L NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | |
| References | |
| SECY-98-039, SECY-98-039-01, SECY-98-039-R, SECY-98-39, SECY-98-39-1, SECY-98-39-R, NUDOCS 9804220482 | |
| Download: ML20217B279 (8) | |
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date initials" POLICY ISSUE (Notation Vote)
March 4.1998 SECY-98-039 EDE:
The Commissioners FROM L. Joseph Callan Executive Director for Operations
SUBJECT:
REQUEST BY OREGON TO RELINQUISH AUTHORITY FOR SEALED SOURCE AND DEVICE EVALUATION AND APPROVAL PURPOSE:
To obtain Commission approval to accept relinquishment of sealed source and device (SS&D) evaluation and approval authority from the Agreement State of Oregon, effective April 1,1998.
BACKGROUND:
in Staff Requirements Memorandum (SRM) dated June 30,1995, in response to SECY-95-136,
" Options to improve and Standardize the Evaluation and Approval of Sealed Sources and Devices Manufactured in Agreement States," the Commission approved a process for the voluntary return of the SS&D evaluation authority from Agreement States. The process indicates that a letter from the Governor of the State requesting relinquishment of the SS&D evaluation and approval authority and assumption of the authority by the NRC should be submitted to the Chairman. The request from the Govemor would serve as the basis of NRC action and no detailed supporting basis or rationale it required for relinquishment of SS&D evaluation and approval authority and assumption by the NRC.
In an SRM dated April 10,1996, in response to SECY-96-050, "To Seek Authorization to Accept Relinquishment of Sealed Source and Device Evaluation Authority from the Agreement States of Iowa, North Dakota, and Utah," the Commission approved the assumption of regulatory authority by NRC for SS&D evaluations in these three States.
Contact:
James H. Myers, OSP NOTE:
TO BE MADE PUBLICLY AVAILABLE 5 D5N',
415-2328 DAYS AFTER ISSUANCE OF THE LETTER
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i 'M Y^NdS I O U D 1
s The Commissioners. In a letter dated September 8,1997, from New Mexico Govemor Gary E. Johnson to Chairman Jackson, the State requested relinquishment of SS&D evaluation authority. The NRC acknowledged New Mexico's request in a letter dated September 23,1997, to Govemor Johnson from Richard L. Bangart, Director, Office of State Programs. After the Commission's approval, the NRC accepted responsibility for the New Mexico's SS&D evaluation effective January 1,1998.
Following a process established in SECY-95-136, the staff is providing the letter from the Govemor of Oregon; a proposed response to Govemor Kitzhaber from Chairman Jackson, accepting the Govemor's request; and a proposed notice to be published in the Federal Reaister announcing NRC's intention to reassert SS&D evaluation authority in the State of Oregon.
QlECUSSION.
The Governor of Oregon, John A. Kitzhaber. M.D., in his December 8,1997, letter to Chairman Jackson, Attachment 1, indicated that the State would like to relinquish its authority to perform j
SS&D evaluations. The Governor indicated that Oregon has had few requests for SS&D j
evaluations. Govemor Kitzhaber stated that the State could not justify the resources required to maintain an SS&D program while maintaining a high quality radioactive materials program. The Agency acknowledged Governor Kitzhaber's request on January 15,1998, outlining the process j
for initiating a return of the SS&D authority to the NRC.
g The staff has drafted a proposed response to Govemor Kitzhaber from Chairman Jackson, accepting the State's request, Attachment 2. In accordance with SECY-95136, an effective date is proposed, April 1,1998, for the relinquishment of SS&D evaluation and approval authority by the State of Oregon and assumption by the NRC. The staff believes this proposed date will provide for an orderly transfer of authority.
The staff also has drafted a proposed notice to be published in the FederalRegister announcing NRC's intention to reassert SS&D evaluation authority in Oregon, Attachment 3. The effective date of April 1,1998, is identified in that notice.
RESOURCES:
The State of Oregon became an Agreement State on July 1,1965. Since becoming an Agreement State, the staff notes that the State has submitted two SS&D sheets to the national registry. The most recent sheet was issued on October 1,1997. Since only two SS&D evaluations were conducted by Oregon in the past and no recent applications have been received by the State, NRC's resumption of regulatory authority will have minimal resource impacts at this time.
RECOMMENDATIONS:
The staff recommends that the Commission approve the letter to the Governor of Oregon and the proposed Federal Register notice.
I l
Y The Commissioners 3
l NOTE-1
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Upon Commission approval of the above actions, the staff will recommend to the Oregon l
Agreement program that they provide public notice of this action to their licensees.
COORDINATION:
The Office of General Counsel has no legal objection to this paper. Additionally, the Office of the Chief Financial Officer has reviewed this Commission Paper for resource implications and has no objections.
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Executive Director 1
for Operations Attachments: 1.
Letter from Governor of Oregon 2.
Proposed Response to Govemor of Oregon 3.
Proposed Federal Reoister Notice l
i Commissioners' completed vote sheets / comments.should be provided directly to the Office of the Secretary by COB Friday, March 20, 1998.
Commission Staff Office comments, if any, should be submitted to the Commissioners NLT March 13, 1998, with an information copy to the Office of the Secretary.
If the paper is of such a nature that it requires additional review and comment, the Commissioners and the Secretariat should be apprised of when comments may be expected.
DISTRIBUTION:
Commissioners OGC OCAA OIG OPA j
SECY
J3HN A. KITZHACER
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l December 8,1997 Shirley A. Jackson, Ph.D., Chair l
U.S. Nuclear Regulatory Commission Mailstop 16-G15 Washington, D.C. 20555
Dear Dr. Jackson:
Upon the recommendation of the Oregon Health Division, I am requesting relir.quishment of the sealed source and device (SS&D) evaluation authority and assumption of this authority by the Nuclear Regulatory Commission (NRC). In order to provide for an orderly changeover of this authority,1 am recommending an eff'ective date ofJanuary 1,1998. This request is commensurate with your transmittal of State Agreements Program information bulletin SP-95-116.
Specific license requests for Oregon to do SS&D evaluations have been few and we anticipate no change. We are committed to maintaining a high level of quality in our regulatory program for radioactive materials. However, it is difficult to maintain high quality in an extremely small and unique component that demands atypical expertise and we cannot justify the resources required to do so. Therefore, we request NRC to assume this responsibility.
i Ifyou have any questions concerning this request, please contact Mr. Ray Paris, Manager ofour Radiation Protection Services. He may be reached at (503) 731-4014 Ext. 660.
Sincerely, John A. Kitzhaber, M.D.
ATTACHMENT 1 OTATE CAPITOL. SALEM 97310 0370 (503) 378 3111 P'AX (503) 378 4863 TDD (503) 378-4859
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UNITED STATES j
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NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001
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CHAIRMAN The Honorable John A. Kitzhaber, M.D.
Governor of Oregon State Capitol j
Salem, Oregon 97310-0370 Dear Govemor Kitzhaber in response to your December 8,1997 request to relinquish Oregon's authority to evaluate and approve sealed source and device (SS&D) applications, I asked the Nuclear Regulatory Commission staff to prepare a paper on the issue so that the Commission could act on your request. After reviewing your proposal and the staffs analysis, the Commission has decided to reassume regulatory authority for SS&D evaluations and approvals within the State of Oregon, effective April 1,1998. For your information, I have enclosed a copy of the Federal _ Register notice announcing this change. Oregon will retain authority to regulate the manufacture and use of sealed sources and devices within the State in accordance with its Section 274b Agreement with the NRC.
Your staff may contact Richard L. Bangart, Director, Office of State Programs, (301) 415-3340, if they have any questions regarding this matter.
Sincerely, Shirley Ann Jackson
Enclosure:
As stated cc:
Ray Paris, Manager Radiation Protection Services Oregon State Health Division ATTACHMENT 2
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[7590-01 P]
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NUCLEAR REGULATORY COMMISSION State of Oregon Relinquishment of Sealed Source and Device Evaluation and Approval Authority and l
Reassumption by the Commission AGENCY: Nuclear Regulatory Commission.
ACTION: Notice of Reassumption of Sealed Source and Device Evaluation and Approval Authority from the State of Oregon.
SUMMARY
- Notice is hereby given that effective April 1,1998, the Nuclear Regulatory Commission will reassume regulatory authority for sealed source and device evaluations and approvals in the Agreement State of Oregon in response to a request from the Govemor of the State of Oregon to relinquish this authority.
l l
EFFECTIVE DATE: April 1,1998.
1 FOR FURTHER INFORMATION CONTACT: Mr. James H. Myers, Office of State Programs, U.S. Nuclear Regulatory Commission, Washington, DC 20555, telephone (301) 415-2328, internet: JHM@NRC. GOV. l l
ATTACHMENT 3
4 SUPPLEMENTARY INFORMATION: Currently, the State of Oregon has an Agr3ement with the Nuclear Regulatory Commission (NRC) which grants the State authority to regulate specific categories of radioactive materials formerly regulated by the NRC. This Agreement was entered into on July 1,1965, pursuant to Section 274b of the Atomic Energy Act of 1954, as amended.
Recently, the NRC received a letter from Oregon Governor John A. Kitzhaber, M.D.,
(December 8,1997) requesting relinquishment of the State's authority to evaluate and approve sealed source and devices, and assumption of this authority by NRC. The requested action would involve reassertion of regulatory authority by NRC over activities currently regulated by Oregon pursuant to its Agreement with NRC.
The Governor of Oregon noted there are two manufacturers in the State and there has been one sealed source and device evaluation conducted in 1997. Governor Kitzhaber indicated that it would not be cost effective to fund and maintain staff to conduct sealed source and device evaluations.
The Commission has agreed to the request and has notified Oregon that effective April 1,1998, the NRC will reassume authority to evaluate and approve sealed source and device applications within the State of Oregon. The State of Oregon will retain authority to regulate the manufacture and use of sealed sources and devices within the State in accordance I
with its Section 274b Agreement with the NRC.
2-1 4
e Dated at Rockville, Maryland this day of
,1997 For the Nuclear Regulatory Commission.
John C. Hoyle, Secretary of the Commission.
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