ML20246G968
| ML20246G968 | |
| Person / Time | |
|---|---|
| Issue date: | 03/16/1998 |
| From: | Bangart R NRC OFFICE OF STATE PROGRAMS (OSP) |
| To: | Spell W LOUISIANA, STATE OF |
| Shared Package | |
| ML20246G975 | List: |
| References | |
| NUDOCS 9803250115 | |
| Download: ML20246G968 (5) | |
Text
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'g NUCLEAR REGULATORY COMMISSION WASHWGToN, D.C. 3000H001 9 March 16. 1998 h***** ' 1 1
Mr.Wilham H. Spell, Administrator Radiation Protection Division Office of Air Quality & Radishon Protection Department of Environmental Quality 7220 Bluebonnet Road, P.O. Box 82135 Baton Rouge, LA 70884-2135
Dear Mr. Spell:
This letter provides a response to os concems you raised in your letter of September 30,1997.
To ensure successful implementation of the inspection Agreement between the Nuclear l Regulatory Commission (NRC) and Louisiana, it is important that both t5e NRC and the State have a clear understanding of the nature of the Agreement and its coverage. In addition, NRC wishes to make every reasonable effort to address your concems in order to ensure successful !
implementation of the Agreement.
There appears to be some degree of confusion regarding the nature of the Agreement in ,
question. The Commission's authority to enter into the Agreement in question stems from j
$2741 of the Atomic Energy Act of 1354, as amended, which authorizes the Commission 'to :
enter into Agreements with any State, or group of States, to perform inspections or other j functions on a cooperative basis as the Commission deems appropriate." NRC's existing $2741 :
A0reement with Louisiana (see 32 FR 6808) authorizes the State, on behalf of NRC, to conduct inspechons of Louisiana licensees operating in offshore waters adjacent to Louisiana. While ;
these licensees are conducting activities in offshore waters, they operate under NRC's regulatory authority pursuant to an NRC generallicense. As such, NRC, not the State of Louisiana, grants these licensees reciprocity and thus allows them to operate in areas of the Commission's jurisdiction without applying for a specific license. This happens automatically by J virtue of 10 CFR 150.20 (a) once the notification requirements to the State are met.
1 Aside from these jurisdictional matters, an issue has also been raised regarding Louisiana's ability to waive the three-day notice provisions of the reciprocity rule as part of discharging its funchons under the $2741 inspection Agreement. In most cases, licensees operating under a k general NRC hcense pursuant to the reciprouty provisions in 10 CFR $150.20 must file four j
l copies of Form-241 at least three days before conducting licensed activities. Such a filing must be directed to either NRC or, in the case of Louisiana licensees operating in offshore waters, the State of Louisiana. Under $150.20 (b), the Regional Administrator has the discretion to waive this three day waiting period as long as the licensee requests such a waiver by telephone and files the appropnate information within the three days of the notification ($150.20(b)). The rule does not specifically indicate, however, that a State official with the authorization under a 2741 A0reement to conduct inspections in offshore waters has the same discretion to waive the three-day requirement (150.20(c)). The regulatory history for the rule in $150.20 does not document the g excluding the three-day waiver from the State's delegated power.
L 15 9803250115 98031'6' "T i-l PDR STPRO ESOLA PM e
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William H. Spell MAR 161998 Nevertheless, the inconsistency in Part 150 does not prohibit Louisiana from providing waivers to the three-day requirement. The scope of functions delegated to the State stem from the rule in $150.20 and the inspection Agreement itself. As such, NRC may delegate the weiver function to the Agreement State either by changing the rule in 9150.20 or by amending the Agreement in some form. As previously discussed with you, we would like to propose a "subagreement" to the existing 2741 inspection Agreement. That "subagreement" would delegate to the State of Louisiana the authority to approve offshore work by Louisiana licensees under the reciprocity provisions of 10 CFR Part 150 with less than 3 full days notice. The "subagreement" could likely be signed by the NRC Region IV Administrator and an appropriate State of Louisiana high level official. Because of the policy issues related to the "subagreement," the Commission should be informed before it is signed. We plan to jointly develop the draft language for the "subagreement" with you before it is transmitted to the Commission.
The need remains to inform Louisiana licensees of: (1) the NRC and State of Louisiana regulatory jurisdictions and responsibilities in offshore waters, (2) the need for Louisiana licensees to file requests to work under the reciprocity provisions of 10 CFR Part 150 when conducting operations in offshore waters; and (3) the need for Louisiana licensees to use radiography equipment that satisfies 10 CFR 34.20 requirements when working under reciprocity in areas where NRC has jurisdiction. NRC requests that the letter that was jointly drafted by NRC and Louisiana staff, titled " Performing Licensed Activities in Areas of NRC Jurisdiction, including Non-Agreement States, Federal Facilities, and Off-Shore Waters," be mailed to Louisiana industrial radiography licensees.
Finally, we recommend promptly scheduling a meeting to discuss the items identified in the enclosed draft agenda. Mr. Charles Hackney, NRC Region IV State Liaison Officer, will contact you to schedule a date for the requested meeting.
If you have questions, please contact me at (301) 415-3340 or James Myers of my staff at (301) 415-2328.
Sincerely, h
fik /L. bawd Richard L. Bangart, Director [
Office of State Programs
Enclosure:
l As stated i
I
- . .. i l Willi m H. Spell MAR 161998 y
Nevertheless, the inconsistency in Part 150 does not prohibit Louisiana from providing waivers
- to the three-day requirement. The scope of functions delegated to the State stem from the rule in $150.20 and the inspection Agreement itself. As such, NRC may delegate the waiver function to the Agreement State either by changing the rule in $150.20 or by amending the Agreement in some form. As previously discussed with you, we would like to propose a "subagreement" to the existing 274i inspection Agreement. That "subagreement" would l, delegate to the State of Louisiana the authority to approve offshore work by Louisiana licensees under the reciprocity provisions of 10 CFR Part 150 with less than 3 full da,ys notice. The "subagreement" could likely be signed by the NRC Region IV Administrator and an appropriate State of Louisiana high level official. Because of the policy issues related to the l "subagreement," the Commission should be informed before it is signed. We plan to jointly develop the draft language for the "subagreement" with you before it is transmitted to the Commission.
The need remains to inform Louisiana licensees of: (1) the NRC and State of Louisiana l regulatory jurisdictions and responsibilities in offshore waters; (2) the need for Louisiana licensees to file requests to work under the reciprocity provisions of 10 CFR Part 150 when conducting operations in offshore waters; and (3) the need for Louisiana licensees to use radiography equipment that satisfies 10 CFR 34.20 requirements when working under reciprocity in areas where NRC has jurisdiction. NRC requests that the letter that was jointly drafted by NRC and Louisiana staff, titled " Performing Licensed Activities in Areas of NRC Jurisdiction, including Non-Agreement States, Federal Facilities, and Off-Shore Waters," be mailed to Louisiana industrial radiography licensees.
Finally, we recommend promptly scheduling a meeting to discuss the items identified in the enclosed draft agenda. Mr. Charles Hackney, NRC Region IV State Liaison Officer, will contact j you to schedule a date for the requested meeting.
If you have questions, please contact me at (301) 415-3340 or James Myers of my staff at (301) 415-2328.
Sincerely, '
odginaisoned By 90HARD LhANGART Richard L. Bangart, Director Office of State Programs
Enclosure:
3 As stated Distnbuh00 j DIR. RF (7S259) DCD (SP08)
S0roggitis PDR (YES/)
HNewsome l 0 Louisiana Filej a
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DOCUMENT NAME: G:tJHMtLOUISIAN.WPD .. . .
T4 receive e ce py of this documest indicate in the Ison: C' = Copy without attachment / enclosure *E" = Copy with attachmenvenclosure *N" = No co y OFFICE OSP l OSP:DD l OGC l RIV l lMNS:D OSP: $ (j _
NAME JHMyers:gd PHLohaus FXCameron EMerschoff DCool RLBangMld l DATE 10/29/97* 1/08/98* 10/30/97* 1/08/98* 02/19/98* 02/18/98* 02/11/98* 03/ b/98 OSP FILE CODE: SP-AG-1g
t DRAFT AGENDA NRC AND LA RPD MEETING TO DISQJJSS REGULATION IN OFFSHORE WATERS Eatil e Regulatory Authority Offshore 1967 AEC/LA Agreemer'
, Submerged Lands Act l
10 CFR Part 150.20 OCSG Lease -
e Offshore Regulatory Activities Communication of Information to NRC of Licensees Filing Reciprocity Requests with the State of Louisiana L State of Louisiana Conduct of Offshore inspections and/or Offshore Licensee Home Office Inspections l NRC Conduct of Offshore inspections and/or Offshore Licensee Home Office Inspections inspection Planning and Inspection Results/ Sharing of Information p e Discussion of the need to Revise or Cancel 1967 AEC/LA Agreement or Amend i 10 CFR Pad 150 Part 11 l
e Applicability of 10 CFR 34.20 to Pipeliners and Cobalt Units?
L Should use ANSI Standards used in Regulations?
1 Applicability of existing regulations as they apply to pipeliners and Cobalt cameras and need for rule change.
Progress in NRC Rulemaking Cost / Benefit of Rulemaking Versus Granting an Exemption or Exemptions Kinds of Actions to be Considered
- Cost to Agency
- Cost to Licensee Timeliness of Actions l
4 9 2,
EXECUTIVE
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TASK MANAGEMENT SYSTEM'
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<<< PRINT SCREEN UPDATE FORM >>>
TASK #. - 7S259 DATE- 10/01/97 MAIL CTRL. - 1997 TASK
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STARTED - 10/01/97 TASK DUE - 10/14/97 TASK.
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COMPLETED -
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IAbb DESCRIPTION - LTR FROM SPELL RE LOUISIANA GRANTING RECIPROCITY REQUESTING
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0FF. - LA REQUESTER - SPELL
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WITS
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PERSON - STAFF LEAD - JHM PROG. AREA -
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PROJECT
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STATUS - WORK WITH HAMPTON IN DRAFTING THE RESPONSE.
OSP DUE DATE: 10/14/97 PLANNED ACC. - N '
LEVEL CODE - 1 1
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