ML20236V191
| ML20236V191 | |
| Person / Time | |
|---|---|
| Issue date: | 10/06/1987 |
| From: | Stello V, Thompson H 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) |
| Shared Package | |
| ML20236V100 | List: |
| References | |
| FRN-52FR38391, RULE-PR-30, RULE-PR-40, RULE-PR-70 AC55-2-05, AC55-2-5, NUDOCS 8712040145 | |
| Download: ML20236V191 (4) | |
Text
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October 6, 1987 i
MEMORANDUM FOR: Regional Administrators FROM: Victor Stello, Jr.
Executive Director for Operations Hugh L. Thompson, Jr., Director Office of Nuclear Material Safety and Safeguards
SUBJECT:
DELEGATION AND ASSIGNMENT FOR THE U.S. NAVY MATERIALS LICENSING ACTIONS TO THE APPROPRIATE REGION
- 1. Pursuant to NRC Manual Chapter 0128, " Organization and Functions-Regional Offices " the Regional Administrators are hereby assigned and authorized (hereafter referred to as authorized) to perform certain licensing actions as described herein, effective December 1, 1987. This authorization supersedes the previous delegation issued to all Regions on September 26, 1986. The only change from the previous delegation is that the Regions will now have responsibility for licensing of U.S. Navy programs.
Region II will be the lead Region for this function.
- 2. Under the Atomic Energy Act of 1954, as amended, and the Energy Reorganization i Act of 1974, as amended, NMSS is responsible for the principal licensing, !
regulation, and safeguarding of facilities and materials specified in the I
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 respon- ,
sible for determining overall licensing, inspection, and regulatory policy for actions which the Regions have been authorized to perform pursuant to i this memorandum. To enable NMSS to execute this responsibility properly, NMSS will maintain oversight of these licensing and inspection actions.
l This oversight shall include, but not be limited to, ongoing review of documentation, periodic assessments of activities being conducted by the j Regions, and the ongoing coordination and consultation between NMSS and the Regions regarding authorized licensing and inspection actions. .The ,
NMSS Director retains the authority t. take actions determined necessary l
I in all matters hereby authorized to be performed by the Regions, j l 3. All Regional Administrators are authorized to issue, renew, amend, cancel, modify, suspend, or revoke, under the provisions set out by this i delegation, licenses for nuclear materials issued pursuant to 10 CFR l Parts 30 through 35, 39, 40, and 70 to all Federal facilities throughout the United States under NRC jurisdiction and to all persons in non-Agreement 4 States, Guam, Puerto Rico, the Virgin Islands and the District of l l
Columbia for academic, medical, and industrial uses, with the following i exceptions: j
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Regional Administrators 2' A. ' Activities in the fuel cycle and special nuclear. material .in .
quantities . sufficient to constitute a critical; mass in any. room or l 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. . l C. Processing of source material .for extraction of. metallic compounds; (includingZirconium, Hafnium, Tantalum, Titanium,. Niobium,etc.)
i D. Distribution of products containing radioactive material to persons
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- l exempt pursuant to 10 CFR Parts 32.11 through 32.26. j E. New uses or techniques for use of byproduct, source,.or.special ;
nuclear material. l
- 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.
- 5. Actions initiated by the Regional Administrator to suspend, modify, or 'l revoke licenses must have the concurrence of the NMSS Director. ~ 1
- 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 perform. l
- 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'shalllbe referred to i the NMSS Director for resolution. .If a licensing and/or regulations 1 matter arises which has not been specifically authorized pursuant to this !
memorandum, it remains the responsibility'of NMSS until a specific. j authorization is made to the Regions.
- 9. Disagreements which arise between.NMSS and Regional staffs:on' whether or u not an issue constitutes an item which remains the. responsibility off I NMSS, or on the way in which 'a delegated item (s) has been handled will be
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referred to the NMSS Director who will consult with the Regional Administrator prior to issuing a final resolution.
O - - _ . _ _ _ . . . _ _ _ _ _ . _ _
Regional Administrators 3 i 10 Disagreements between potential or existing licensees relative to decisions made by the Regional Administrators pertaining to license actions should be made known immediately 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.
l 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 the Assistant General Counsel for Enforcement, Office of the General Counsel.
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Victor Stella p DISTRIBUTION: Victor 5tello, Jr.
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. IPOR NMSS OFFICE ANALYSIS FINAL RULE - REGIONAL NUCLEAR MATERIALS LICENSING FOR THE UNITED STATES NAVY i
ISSUE / PROBLEM In 1986, NRC announced its intention to transfer licensing authority for;the-U.S. Navy nuclear materials licenses to the appropriate Region, once those licenses were consolidated into one " master" license. The announcement was made in the Federal Register (51 FR 35999), the-Daily Staff Notes, and in congressional letters. Those U.S. Navy 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. Navy license from the decentralization program, i COSTS AND BENEFITS Only one nuclear materials licensee is affected. The U.S. Navy would be provided a Region-based NRC point of contact. Minor economic and administrative q savings for both the Navy and the NRC should result from the action. I 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 December 1,1987, and would require less than one-tenth of a staff year of effort.
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