ML22110A086
| ML22110A086 | |
| Person / Time | |
|---|---|
| Issue date: | 04/20/2022 |
| From: | Brian Anderson NRC/NMSS/DMSST/ASPB |
| To: | Schroeder A State of IN, Dept of Homeland Security |
| Beardsley M | |
| Shared Package | |
| ML22082A052 | List: |
| References | |
| Download: ML22110A086 (4) | |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 Ms. Alyssa Schroeder, Legislative Director Indiana Department of Homeland Security 302 W. Washington St, Room E208 Indianapolis, IN 46204
Dear Ms. Schroeder:
We have reviewed the Indiana legislation in the Senate Enrolled Act 381 received by our office on March 22, 2022. This legislation was reviewed by comparison to the Council of State Governments Suggested State Legislation (SSL), 1983, Volume 42, and NMSS procedure SA-700 Handbook, Processing an Agreement. We will discuss our review of the legislation with you during the next scheduled meeting on May 4, 2022.
As a result of our review, we have five comments that have been identified in the enclosure.
The comments are discussed in more detail in the enclosed comment table.
If you have any questions regarding the comments, or the SSL used in the review, please contact Michelle Beardsley, State Regulation Review Coordinator, at 301-415-0275 (michelle.beardsley@nrc.gov).
Sincerely, Brian C. Anderson, Chief State Agreement and Liaison Programs Branch Division of Materials Safety, Security, State, and Tribal Programs Office of Nuclear Material Safety and Safeguards
Enclosure:
Comment table April 20, 2022 Signed by Anderson, Brian on 04/20/22
ML pkg ML22082A052 and ML22110A086 letter OFFICE NMSS/MSST OGC NMSS/MSST NAME MBeardsley JOlmstead BAnderson DATE 04/20/22 04/19/22 04/20/22
COMMENTS ON INDIANA SENATE ENROLLED ACT (SEA) ACT 381 STATE SECTION STATE SUGGESTED LEGISLATION (SSL) SECTION SUBJECT and COMMENTS 1
Section 5 Section 5 State Radiation Control Agency Indiana SEA 381 omits the word loans in Section 5(c)(6).
Please provide an explanation or insert this word in Section 5(c)(6).
Comment modified from NRC letter dated January 6, 2022.
2 Section 16 Section 13 Conflicting Laws Indianas legislation in IC Sec. 13 states that ordinances, resolutions, and regulations of state agencies, other than the department under section 5, shall be superseded by this chapter.
If all other agency provisions are superseded by this chapter, please explain whether this impacts IHDs regulations if there is an overlap of responsibilities. Does IHD have similar provisions?
Comment stands from NRC letter dated January 6, 2022.
3 Section 14 Section 17(g)
Administrative Procedure and Judicial Review Indiana omits the phrase in SSL Sec. 17(g) that states, Any final agency action or order entered in any proceeding under subsections (a), (b), (c) and (f) above shall be subject to judicial review by the [appropriate court] in the manner prescribed in [cite appropriate state act setting out procedure for appeal.]
Please explain why this phrase is omitted.
Comment stands from NRC letter dated January 6, 2022.
4 Section 21(a)
Penalties Indiana omits SSL Sec. 21(a) Criminal penalties.
Please explain why this section is omitted.
Comment stands from NRC letter dated January 6, 2022.
STATE SECTION STATE SUGGESTED LEGISLATION (SSL) SECTION SUBJECT and COMMENTS 5
Section 18 Section 21 Penalties Indiana legislation Sec. 18(b) states, Whenever the department proposes to subject a person to the imposition of a civil penalty under the provisions of this section, it shall issue an order in accordance with IC 4-21.5.
Please confirm whether the information contained in Indiana notice provisions are comparable to SSL Sec. 21(b)(2).
Additionally, IC Sec. 18(d) states that all money collected from civil penalties shall be deposited in the fire and building services fund established by IC 22-12-6-1.
Please explain why the legislation was revised from the department to the fire and building services fund. Please clarify how is this fund used? Can the fund cover the departments general operating expenses?
Comment modified from NRC letter dated January 6, 2022.