ML23151A249
| ML23151A249 | |
| Person / Time | |
|---|---|
| Issue date: | 04/10/1996 |
| From: | Hoyle J NRC/SECY |
| To: | |
| References | |
| SECY-96-050 SRM-SECY-96-050 | |
| Download: ML23151A249 (6) | |
Text
. UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555 April 10, 1996 OFFICE OF THE SECRETARY MEMORANDUM TO:
for Operations FROM: ecretary
SUBJECT:
STA REQUIREMENTS - 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 (with all Commissioners agreeing) has approved the staff proposal for the NRC to reassume regulatory authority for sealed source and device evaluation in Iowa, North Dakota, and Utah. The attached letters and public announcement should be substituted for those provided in the subject paper. The following sentence should be added to the end of the first paragraph of each letter and at the end of the public announcement.
Iowa [or North Dakota or Utah or all three, as appropriate]
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.
The staff should recommend to Iowa, North Dakota and Utah that they provide public notice of this action to their licensees.
Also, the publication and effective dates should be changed from April 1, 1996 to an appropriate date.
(EDO) (SECY Suspense: 4/26/96)
Attachments:
As stated SECY NOTE: THIS SRM, SECY-96-050, AND THE VOTE SHEETS OF ALL COMMISSIONERS WILL BE MADE PUBLICLY AVAILABLE 5 WORKING DAYS FROM THE DATE OF THIS SRM.
cc: Chairman Jackson Commissioner Rogers Commissioner Dicus OGC OCA OIG Office Directors, Regions, ACRS, ACNW, ASLBP (via E-Mail)
n Iowa, North Dakota and Utah; Relinquishment of Sealed Source and Device Evaluation Authority and Reassumption by the Commission AGENCY: Nuclear Regulatory Commission ACTION: Notice of Reassumption of Sealed Source and Device Evaluation Authority from the States of Iowa, North Dakota, and Utah
SUMMARY
- Notice is hereby given that effective April 1, 1996, the Nuclear Regulatory Commission will reassume regulatory authority for sealed source and device evaluations in the Agreement States of Iowa, North Dakota, and Utah in response to requests from those States to relinquish that authority.
EFFECTIVE DATE: April 1, 1996 FOR FURTHER INFORMATION CONTACT: Stephen Salomon, Office of State Programs, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. Telephone: (301) 415-2368. Internet:
SNS@NRC.GOV SUPPLEMENTARY INFORMATION:
Currently, Iowa, North Dakota, and Utah have agreements with the Nuclear Regulatory Commission (NRC) which grant these States authority to regulate specific categories of radioactive materials formerly regulated by NRC. These agreements have been entered into pursuant to section 274b of the Atomic Energy Act of 1954, as amended. Recently, the NRC received letters from North Dakota Governor Edward T. Schafer (September 25, 1995), Iowa Governor Terry E. Branstad (January 22, 1996), and Utah Governor Michael 0. Leavitt (January 16, 1996), each requesting to relinquish his State's authority to evaluate sealed sources and devices, and that the NRC reassume this authority. The requested NRC action-would involve reassertion of regulatory authority by NRC over activities currently regulated by these States pursuant to their agreements with NRC. The Governors note there has been little or no need to conduct such evaluations in the past and given no future prospects for device evaluations, they do not believe they can continue to justify the costs to the State to maintain this authority.
The Commission has agreed to these requests and has notified these Agreement States that effective April 1, 1996, the NRC will reassume authority to evaluate and approve sealed source and device applications within these States.
FOR THE NUCLEAR REGULATORY COMMISSION John C. Hoyle, Secretary U.S. Nuclear Regulatory Commission
The Honorable Edward T. Schafer Governor of North Dakota Bismarck, North Dakota 58505-_0001
Dear Governor Schafer:
In response to your September 25, 1995 request to relinquish North Dakota's authority to evaluate and approve sealed source and device applications, I asked the NRC staff to prepare a paper on the issue so that the Commission could act on your request.
After reviewing your proposal and the staff's analysis, the Commission has decided to reassume regulatory authority for sealed source and device evaluations within the State of North Dakota effective April 1, 1996. I have enclosed for your information a copy of the draft Federal Register notice announcing this change. We anticipate publication of the notice prior to April 1, 1996.
Your staff may contact Richard L. Bangart, Director, Office of State Programs, at (301) 415-3340, if they have any questions regarding this matter.
Sincerely, Shirley Ann Jackson
Enclosure:
As stated cc: Dana K. Mount, Director Division bf Environmental Engineering North Dakota Department of Health
The Honorable Michael 0. Leavitt Governor of Utah Salt Lake City, Utah 84114-0601
Dear Governor Leavitt:
In my letter to you of February 15, 1996, I informed you that I had asked the NRC staff to prepare a paper regarding your January 16, 1996 request to relinquish Utah's authority to evaluate sealed source and device applications. After reviewing your proposal and the staff's analysis, the Commission has decided to re assume regulatory authority for sealed source and device evaluations in the State of Utah effective April 1, 1996. I have enclosed for your information a copy of the draft Federal Register notice announcing this change. We anticipate publication of the notice prior to April 1, 1996.
Your staff may contact Richard L. Bangart, Director, Office of State Programs, at (301) 415-3340, if they have any questions regarding this matter.
Sincerely, Shirley Ann Jackson
Enclosure:
As stated cc: William J. Sinclair Division of Radiation Control Utah Department of Environmental Quality
The Honorable Terry E. Branstad Governor of Iowa Des Moines, Iowa 50319
Dear Governor Branstad:
In my letter to you of February 26, 1996, I informed you that I had asked the NRC staff to prepare a paper regarding your January 22, 1996 request to relinquish Utah's authority to evaluate sealed source and device applications. After reviewing your proposal and the staff's analysis, the Commission has decided to re assume regulatory authority for sealed source and device evaluations in the State of Utah effective April 1, 1996. I have enclosed for your information a copy of the draft Federal Register notice announcing this change. We anticipate publication of the notice prior to April 1, 1996.
Your staff may contact Richard L. Bangart, Director, Office of State Programs, at (301) 415-3340, if. they have any questions regarding this matter.
Sincerely~
Enclosure:
As stated CC: Donald A. Flater, Chief Bureau of Radiological Health Iowa Department of Public Health