ML20248L400
| ML20248L400 | |
| Person / Time | |
|---|---|
| Issue date: | 06/03/1998 |
| From: | Bangart R NRC OFFICE OF STATE PROGRAMS (OSP) |
| To: | Valentino F NEW YORK, STATE OF |
| Shared Package | |
| ML20248L402 | List: |
| References | |
| NUDOCS 9806110133 | |
| Download: ML20248L400 (6) | |
Text
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, * **%q g *, UNITED STATES g .j NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C J066H001 g ,
..... June 3, 1998 Mr. F. William Valentino, President New York State Energy Research and Development Authority Cmoorate Plaza West 2R 'lashir'2 ton Avenue Extension A ay, NY 12203-6399
Dear Mr. Valentino:
Thank you for your letter of May 15,1998, to Chairman Jackson regarding formerly licensed Atomic Energy Commission / Nuclear Regulatory Commission (AEC/NRC) sites We recognize the importance of the jurisdictionalissues you and other Agreement States have identified regarding such sites. The Commission, in its March 3,1998 Staff Requirements Memorandum (SRM) for SECY-98-011 (Enclosure 1), directed the NRC staff to undertake a number of measures regarding the disposition of these sites and to obtain additionalinformation from the Agreement States. (SECY-98-011, Potential Funding Assistance for Agreement States for Closure of Formerly Terminated NRC Licensees, is included as Enclosure 2.) In one area, the Commission has directed the staff to obtain information regarding the burden faced by Agreement States in conducting initial surveys at these sites. In response to the Commission's direction, we requested in our April 2,1998 All Agreement States Letter (SP-98-025),
" Agreement State Views on Costs / Impacts for Closure of For,nerly Terminated NRC Licenses." '
that Agreement States, such as New York, advise us if they believe the initial site surveys and assessments to determine the scope of the problem are themselves so significantly expensive and difficult as to preclude the State from undertaking this preliminary sh.p in the cleanup process. We continue to request your position on this issue. This request is in addition to the information requested in All Agreement States Letter, SP-97-080, "Formerly Licensed Sites and p Jurisdiction for Remaining Residual Materials," dated November 17,1997. SP-97-080 pg, requested any available information about how your State is affected by the Commission 01 decision, such as the number of sites that may need remediation, and difficulties experienced in f> attempting to require remediation. This information is necessary to identify mutually acceptable !/
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mechanisms, such as general fund appropriation outside of the fee base, to reduce resource impacts on Agreement States. We will provide a more complete response to the issues and
! concems identified in your letter after we have received and evaluated the requested
[ information.
- For your information, the March 3,1998 SRM for SECY 98-011 also directed the NRC staff to
.
- consider the merits of an attemative approach to providing financial assistance to individual l Agreement States by developing a narrowly focused amendment to the Atomic Energy Act that
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would allow Agreement States to retum their regulatory authority and responsibility for farmerly g licensed sites to the NRC if the licenses in question had been terminated before the State i became an Agreement State and permit the NRC to receive appropriations off the fee base to i cover the costs associated with closure of thess sites." We plan to continue to work cooperatively with you to retolve issues associated with sites that previously held AEC or NRC i O_
licenses that were terminated before New York became an Agreement State.
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PDR STPRO E90NY ^5' d6 's 3 N , ;, / o c. A f
F. William Valentino 2 NdE By copy of this letter, NRC is specifically acknowledging receipt of letters dated January 14, 1998, and January 20,1958, respectively, from the New York State Departments of Environmental Conservation (NYS DEC) and Labor (NYS DOL), which disagreed with NRC's position on regulatory authority for these formerly licensed sites. We believe that SP-98-025 contained substantive follow-up actions to address those concerns identified in the NYS DEC and DOL letters.
We note your comment that copies of files for all previously terminated NRC/AEC-licensed sites in New York State have not yet been received by NYS DEC. While NRC Region I has communicated with various New York State officials about terminated NRC/AEC-licensed sites since 1994, Region I commits to send the subject files to NYS DEC by June 30,1998.
Please contact me at (301)-415-3340, or by e-mail address RLB2@NRC. GOV, to further discuss these issues. Dennis Sollenberger, (301)-415-2819, or DMS4@NRC. GOV, is the Office of State Programs staff contact for this matter.
Sincerely, f
Ws s
,, j (
Richard L. Bangart, irector Office of State Programs
Enclosures:
As stated cc: Rita Aldrich, NYS DOL Paul Merges, NYS DEC
'.: )
F. William Valentino 2 JUN - 3 1933 By copy of this letter, NRC is specifically acknowledging receipt of letters dated January 14, 1998, and January 20,1998, respectively, from the New York State Departments of Environmental Conservation (NYS DEC) and Lc.bor (NYS DOL), which disagreed with NRC's position on regulatory authority for these formerly licensed sites. We believe that SP-98-025 contained substantive follow-up actions to address those concerns identified in the NYS DEC and DOL letters.
We note your comment that copies of files for all pieviously terminated NRC/AEC-licensed sites in New York State have not yet been received by NYS DEC. While NRC Regior I has communicated with various New York State officials about terminated NRC/AEC-licensed sites since 1994, Region I commits to send the subject files to NYS DEC by June 30,1998.
Please contact me at (301)-415-3340, or by e-mail address RLB2@NRC. GOV, to further discuss these issues. Dennis Sollenberger, (301)-415-2819, or DMS4@NRC. GOV, is the Office of State Programs staff contact for this matter.
Sincerely, OriginalSignedBy:
PAUL H.LOHAUS
' ichard L. Bangart, Director ffice of State Programs
Enclosures:
As stated cc: Rita Aldrich, NYS DOL Paul Merges, NYS DEC Distribution:
DIR RF (8G338) DCD (SP05)
EDO (G980338) PDR (YES_f_. NO_ __)
SECY (CRC-98-0473)
PLohaus RBlanton, ASPO SDroggitis TO'Brien, ASPO DSollenberger KSchneider, ASPO New York General File NYS DOL File NYS DEC File DOCUMENT NAME: G:\ VALENTIN.RB2 *SEE PREVIOUS CONCURRENCE.
To receaeo a cop r of this docts idd6cate in the box: "C" = Copy without attachment /endosure "E" = Cop t with attachment / enclosure "N" = No copy I
OFFICE OQ k REGION I l OGC NAME RLBangart:kk (,/gd GPangburn FCameron l DATE 05/29/98* 06/01/98* 06/03/98*
VIA E-MAIL OSP FILE CODE: SP-AG a SP-AG-20-3; SP-AG-20-4 l
, l'%'N ^ e M '-
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l F. William Valentino -
2- l t J I By copy of this letter, NRC is specifically acknowledging recel of letters dated January 14, i
1998, and January 20,1998, respectively, from the New York tate Departments of .
Environmental Conservation (NYS DEC) and Labor (NYS ), which disagreed with NP.C's
- position on regulatory authority for these formerly licensed s' s. We believe that SP-98-025 contained substantive follow-up actions to address those co ms identifed in the NYS DEC and DOL letters.
We note your comment that copies of files for all previousi terminated NRC/AEC-licensed sites in New York State have not yet been received by NYS D . While NRC Region I has informally communicated with various New York State officials abo terminated NRC/AEC-licensed sites since 1994, Region I commits to send the subject files to YS DEC by June 30,1998.
l Please contact me at (301) 415-3340, or by e-mail add as RLB2@NRC. GOV, to further discuss these issues. Dennis Sollenberger, (301)-415 819, or DMS4@NRC. GOV, is the Office of State Programs staff contact for this matter, ncerely, Richard L. Bangart, Director Office of State Programs
Enclosures:
As stated cc: Rita Aldrich, NYS DOL Paul Merges, NYS DEC Distribution:
DIR RF (8G338) CD (SP05)
EDO (G980338) DR (YES_f._ NO )
SECY (CRC-98-0473)
PLohaus. RBlanton, ASPO SDrog9 itis TO'Brien, ASPO DSollenberger KSchneider, ASPO New York General File NYS DOL File NYS DEC File DOCUMENT NAME: G:WALENTIN.RB2 T* semelve o esp ' of this document, in b in the boa: *Cae Copy ottschment/s
NAME- RLBangart:kk "" GPangbum / FCameron DATE 05d%8 06/ /l/8 06R/98 OSP FILE CODE: SP-AG-20-1; SP-AG-20-3; SP-AG-20-4 05 M4f(f)
l From: A. Duncan White To: - WND1.WNP9/' LB2), KJK .
Date: 6/1/98 8:38am
Subject:
VALENTINO RESPONSE -Reply l
In the second to last paragraph, delete the word inf mal. otherwise, Region 1 (George) concurs; Duncan CC: GCP
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F. William Valentino ,
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- By copy of this letter, NRC is specifically acknowledging receipt of le ers dated January 14,
- 1998, and January 20,1998,' respective'y, from the New York State partments of.
Environmental Conservation (NYS DEC) and Labor (NYS DOL), w ch disagreed with NRC's position on regulatory authority for these formerly licensed sites. e believe that SP-98-025 contained substantive follow-up actions to address those concem identifMxi in the NYS DEC and DOL letters; We note your comment that copies of files for all previously te insted NRC/AEC-licensed sites in New York State have not yet been received by NYS DEC. ile NRC Region I has informally '
communicated with various New York State officials about te inated NRC/AEC-licensed sites since 1994, Region I commits to send the subject files to NY DEC by June 30,1998.
Please contact me at (301)-415-3340, or by e-mail address LB2@NRC. GOV, to further discuss these issues. Dennis Sollenberger, (301)-415-281 , or DMS4@NRC GOV, is the Office
. of State Programs staff co'1 tact for this matter.
Sin rely, Ri ard L. Bangart, Director ice of State Programs
Enclosures:
' As stated i~ cc: Rita Aldrien, NYS DOL Paul Merges, NYS DEC 1 Distribution:
DlR RF (8G338) D (SP05) l EDO (G980338) R (YES_f._ NO' )
SECY (CRC-98-0473)
PLohaus Blanton, ASPO SDroggitis TO'Brien, ASPO 1 DSollenberger KSchneider, ASPO New York General File NYS DOL File NYS DEC File -
' DOCUMENT NAME: G:WALENTIN.RB2 D resolve a esp i of this document, in l%ste in the bos: "C" a Copy attachment / enclosure E" = Cop r with attachment / enclosure "N" = No copy OFFICE OSP:D g REGION V l OGC l l NAME- RLBangart:kk " GPangbum/ ~
FCameron DATE ~ 05//798 06/ /48 06/ /98 OSP FILE CODE: SP-AG-20-1; SP-AG-20-3; SP-AG-20-4
- j. :. . . .:
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UNITED STATES -
, f 9UCLEAR REGULATORY COMMISSION g WASHINGTON. D.C. 20S66-0001
%y 90 WR-l> PM 3: 4 March 3, 1998 OFFICE OF THE SECRETARY MEMORANDUM TO: L JosephCallan Exe ive ' rector for Operations bcretary FROM: Joh . Hoyle,
SUBJECT:
STAFF REQUIREMENTS: SECY-96-011 - POTENTIAL FUNDING ASSISTANCE FOR AGREEMENT STATES FOR CLOSURE OF FORMERLY TERMINATED NRC LICENSES The Commission approved the staffs approach of monitoring the Agreement State's progress in closing out tne case files associated with sites located in Agreement States that were formerly licensed by the NRC or its predecessor, and collecting additional information from individual Agreement States regarding the associated costs and potential funding mechanisms to provide Federal assistance. in implementing this monitoring and information collection program, however, the staff should also undertake the following additional measures:
. inquire of the States during the further consultation on funding mechanisms proposed in SECY 98-011 whether the initial site surveys and assessments to determine the scope of the problem are themselves so significantly expensive and difficult as to preclude the States from undertaking even this preliminary step in the cleanup process, in the 1 absence of other funds or some other form of resource assistance from the NRC.
. ensure that the file review being conducted by the Oak Ridge National Laboratory is completed in March 1998, that the files are subsequently transferred to the States promptly, and that m!lestones are established on when NRC needs to receive information from Agreement States. The staff should make an initial recommendation on whether NRC should request a general fund appropriation, to cover the associated Agreement State costs for those States providing a response consistent with the FY 2000 budget cycle.
. consider the merits of an altomative approach to providing financial assistance to individual Agreement States by developing a narrowly focused amendment to the Atomic Energy Act that would allow the Agreement States to retum their regulatory authority and responsibility for formerly licensed sites to the NRC if the licenses in question had been terminated before the State became an Agreement State and permit the NRC to receive appropriations off the fee base to cover the costs associated with closure of these sites.
(EDG) (SP) SECY Suspense: 941/98) 9700277 8/25/98 SECY NOTE: This SRM, SECY 98-011. and the related Voting Record will be made publicly avn!!able 5 working days after the date of the final SRM.
gg /Jdp y o2[/ ENCLOSURE 1
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2 The staff should also continue to inform the Commission of any difficulties experienced by the NRC or the Agreement States in attempting to require further remediation of these sites.
cc: Chairman Jackson Commissioner Dieus Commissioner Diaz Commissioner McGaffigan EDO OGC OlG ClO CFO OCA OPA Office Directors, Regions, ACRS, ACNW, ASLBP (by 2-Mail)