ML23153A120
| ML23153A120 | |
| Person / Time | |
|---|---|
| Issue date: | 03/08/1996 |
| From: | Taylor J NRC/SECY |
| To: | |
| References | |
| Download: ML23153A120 (12) | |
Text
.
POLICY ISSUE (Notation Vote)
March 8, 1996 SECY-96-050
SUBJECT:
PURPOSE:
The Commissioners James M. Taylor Executive Director for Operations TO SEEK AUTHORIZATION TO ACCEPT RELINQUISHMENT OF SEALED SOURCE AND DEVICE EVALUATION AUTHORITY FROM THE AGREEMENT STATES OF IOWA, NORTH DAKOTA, AND UTAH To obtain Commission approval to accept relinquishment of sealed source and device (SS&D) evaluation authority from the Agreement States of Iowa, North Dakota, and Utah, effective April 1, 1996.
SUMMARY
This paper addresses the requests from the Governors of Iowa, North Dakota and Utah to relinquish SS&D authority; and seeks Commission approval of their requests.
Proposed responses from the Chairman to the Governors and a proposed Federal Register Notice announcing NRC's intention to reassert authority for SS&D in these States are attached.
BACKGROUND:
On June 30, 1995, the Commission approved the staff's recommendation to adopt Option 2 in SECY-95-136 - OPTIONS TO IMPROVE AND STANDARDIZE THE EVALUATION AND APPROVAL OF SEALED SOURCES AND DEVICES MANUFACTURED IN AGREEMENT STATES.
Option 2 provides a process for an Agreement State to voluntarily return the SS&D portion of their program. The process indicates that a letter from the Governor, requesting relinquishment of SS&D evaluation authority and assumption of that authority by the NRC, should be submitted to the Chairman.
Other than the request, no detailed supporting basis or rationale is required.
Contact:
Stephen N. Salomon, OSP 415-2368 NOTE:
TO BE MADE PUBLICLY AVAILABLE WHEN THE FINAL SRM IS MADE AVAILABLE
The Commissioners
- ----------------------- It should be noted that the relinquishment of SS&D evaluation authority by Agreement States does not apply to the l i cens*i ng of ma-nuf acturers of SS&Ds.
Consequently, the Agreement States would continue to retain their authority to license manufacturers.
On July 25, 1995, the Office of State Programs sent an All Agreement States Letter (SP-95-116) notifying the States of the Commission approval of Option 2. To date, only the Agreement States of Iowa, North Dakota, and Utah have requested relinquishment of SS&D evaluation authority. Seven other Agreement States and Massachusetts have indicated that they prefer to retain SS&D approval authority. They are: Florida, Illinois, Nevada, South Carolina, Tennessee, Texas, and Washington. Other Agreement States have not responded.
Following the process established in SECY-95-136, the staff is providing the letters from the Governors of Iowa, North Dakota, and Utah; proposed responses to the Governors to be signed by the Chairman accepting the Governors' requests; and a proposed notice to be published in the Federal Register announcing NRC's intention to reassert SS&D evaluation authority in those States.
DISCUSSION:
North Dakota Governor, Edward T. Schafer, wrote to Richard L. Bangart, Director, Office of State Programs, on September 25, 1995, that the State wished to relinquish its SS&D authority (Attachment 1). Although no explanation was required, the Governor stated that the State has not performed SS&D evaluations in the past and believes it is not likely that any devices containing radioactive material will be produced in North Dakota in the near future. (Note: The staff found out that North Dakota did two customized evaluations in 1983 and has done none since that time. The State is now aware of that fact.) In addition, the Governor noted such. evaluations require large personnel resource requirements that are not within the scope of a regulatory program the size of the North Dakota program.
Utah Governor, Michael 0. Leavitt, wrote to Chairman Jackson on January 16, 1996, requesting relinquishment of its SS&D evaluation authority and assumption by the NRC (Attachment 2). The Governor stated that Utah has performed a very limited number of SS&D evaluations and it is not likely that any devices requiring evaluation will be produced in Utah in the near future.
The Governor stated that the State could hot justify the investment in staff training and program maintenance in light of the limited demand for this individual component of its radiation safety program.
Iowa Governor, Terry E. Branstad, wrote to Chairman Jackson on January 22, 1996, requesting relinquishment of its SS&D evaluation authority (Attachment 3). The Governor stated that to properly fund and maintain a properly trained staff would not be cost effective because the State of Iowa has no licensed manufacturer of devices containing radioactive materials;
The Commissioners however, the Governor stated Iowa would retain its authority to license manufacturers. (Note: The letter should read Option #2 instead of Option #3.)
The staff has drafted proposed responses to Governors Schafer, Leavitt, and Branstad to be signed by the Chairman, accepting their requests (Attachments 4, 5, and 6).
In accordance with SECY-95-136, an effective date is proposed, April 1, 1996, to provide for an orderly assumption of authority by the NRC.
The staff has drafted a proposed notice to be published in the Federal Register announcing NRC's intention to reassert SS&D evaluation authority in Iowa, North Dakota, and Utah (Attachment 7). The effective date of April 1, 1996, is identified in that Notice.
RESOURCES:
Since only a small number of sealed source and device evaluations were conducted by North Dakota and Utah and none by Iowa, NRC resumption of regulatory authority will have essentially no resource impacts at this time.
RECOMMENDATION:
The staff recommends that the Commission approve the letters to the Governors of Iowa, North Dakota, and Utah; and authorize the staff to have the proposed notice published in the Federal Register.
Coordination:
The Office of General Counsel has n legal objection to this paper.
Attachments:
1.
Letter from Governor of North Dakota 2.
Letter from Governor of Utah 3.
Letter from Governor of Iowa
ive Director Operations 4.
Proposed response to North Dakota Governor Schafer 5.
Proposed response to Utah Governor Leavitt 6.
Proposed response to Iowa Governor Branstad 7.
Proposed Federal Register Notice Commissioners' comments or consent should be provided directly to the Office of the Secretary by COB Friday, March 22, 1996.
Commission Staff Office comments, if any, should be submitted to the Commissioners NLT March 15, 1996, with an information copy to the Office of the Secretary.
If the paper is of such a nature that it requires additional review and comment, the Commissioners and the Secretariat should be apprised of when comments may be expected.
DISTRIBUTION:
Commissioners OGG OCAA OIG OPA OCA EDO SECY
cj EDWARD T. SCHAFER GOVERNOR Richard L. Bangart Director Office of State Programs State of North Dakota OfflCE or THE GOVERNOR 1100 E. BOULEVARD - GROUND FLOOR BISMARCK. NORTII DAKOTA 58505-0001 (701) 328-2200 September 25, 1995 U.S. Nuclear Regulatory Commission Washington, DC 20555-0011
Dear Mr. Bangart,
I
-0 In response to the All Agreement State letter SP-95-116, the State of North Dakota hereby relinquishes Sealed Source and Device (SS&D) evaluation authority.
North Dakota has not performed SS&D evaluations in the past and it is not likely that any devices containing radioactive material will be produced in North Dakota in the near future. Additionally, the personnel resource requirements for an SS&D evaluation are so large they are not within the scope of a program the size of ours.
If you have any questions concerning this request, you may contact Mr. Dana Mount, the Director of the Environmental Division within the State Health Department.
Mr. Mount can be reached at ph. 701-328-5188.
13:20
- incerely,
,l*
Edward T. Schafer Governor ATTACHMENT 1 0
CJ)
MICHAEL 0. LEAVITT eova111i1011 STATE OF UTAH OP'P'ICE 01' THE OOYEIINOR aALT LAKE CITY
...... 0.01 January 16, 1996 Ms. Shirley A. Jackson, Cbairinan U.S. Nuclear Regulatory Commission Washington, DC 20555
Dear Chairman Jackson:
OLENE S. WALICl:llt
..... -
Upon recommendation from the Division of Radiation Control, Utah Department of Environmental Quality, I am requesting relinquishment of the sealed source and device evaluation authority and assumption of this authority by the Nuclear Regulatory Commission..
In order to provide for an orderly assumption of this authority, I am recommending an effective transfer date of April 1, 1996.
Utah has not performed sealed source and device evaluations except upon a very limited basis, and it is not likely that any devices requiring evaluation will be pro4uccd in Utah in the near future. We are committed to majn,aining an adequate and compatible program with respect to federal Jaw and the Nuclear Regulatory Commission. However, we cannot justify the State's investment in staff training and program maintcnaDce in light of the Jimted demand for this individual component.
MOL:DRN :dco Sincerely, Michael 0. Leavitt Governor ATTACHMENT 2
OFFICE OF THE GOVERNOR 0£S MOINES, IOWA 150318 TERRY E. BRANISTAC G0VE:AN0R Shirley A. Jackson, Ph.D., Chair U.S. Nuclear Regulatory Commission Mailstop 16-G 15 Washington, D.C. 20555
Dear Dr. Jackson:
January 22, 1996 Reference is made to the Commission Paper SECY-95-136 dated May 30, 1995, and the All Agreements States letter SP-96-116 dated July 25, 1995. These two documents describe the options we have regarding sealed source and device (SS&D) evaluation. They also request that we review our SS&D program and advise the Commission of the option we intend to take advantage of.
To date, the State of Iowa has no licensed manufacturer of devices containing radioactive materials. Nor have we ever had the need to do an SS&D evaluation. It is my opinion that, based on the above, to properly fund and maintain a properly trained staff would not be cost effective. We should take advantage of option #3 and relinquish our authority to perform SS&D evaluations.
Please be advised that we are retaining our authority to license manufacturers and look forward to working with NRC in the SS&D process.
If you have any questions regarding our decision, please contact Donald A. Flater, Chief, Bureau of Radiological Health within the Department of Public Health at 51S-281-3478.
TEB/lah (Note:
Option #3 should read Option #2 per Donald Flater, 03/05/?6.}
ATTACHMENT 3
ATTACHMENT S
4-6
J UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D. C. 20555 The Honorable Edward T. Schafer Governor of North Dakota Bismarck, North Dakota 58505-0001
Dear Governor Schafer:
Thank you for your letter of September 25, 1995, requesting relinquishment to the Nuclear Regulatory Commission of North Dakota's authority to evaluate and approve sealed source and device applications.
The Commission accepts your request and will assume regulatory authority for sealed source and device evaluations within the State of North Dakota effective April 1, 1996. Resumption of authority by NRC will be noticed in the Federal Register 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 cc: Dana K. Mount, Director Division of Environmental Engineering North Dakota Department of Health
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D. C. 20555 The Honorable Michael 0. Leavitt Governor of Utah Salt Lake City, Utah 84114-0601
Dear Governor Leavitt:
Thank you for your letter of January 16, 1996, requesting relinquishment to the Nuclear Regulatory Commission of Utah's authority to evaluate and approve sealed source and device applications.
The Commission accepts your request and will assume regulatory authority for sealed source and device evaluations within the State of Utah effective April 1, 1996.
Resumption of authority by NRC will be noticed in the Federal Register 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 cc: William J. Sinclair Division of Radiation Control Utah Department of Environmental Quality
UNITED ST ATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D. C. 20555 The Honorable Terry E. Branstad Governor of Iowa Des Moines, Iowa 50319
Dear Governor Branstad:
Thank you for your letter of January 22, 1996, requesting relinquishment to the Nuclear Regulatory Commission of Iowa's authority to evaluate and approve sealed source and device applications.
The Commission accepts your request and will assume regulatory authority for sealed source and device evaluations within the State of Iowa effective April 1, 1996. Resumption of authority by NRC will be noticed in the Federal Register 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 cc: Donald A. Flater, Chief Bureau of Radiological Health Iowa Department of Public Health
Iowa, North Dakota and Utah; Relinquishment of Sealed Source and Device Authority and Assumption by the Commission AGENCY: Nuclear Regulatory Commission ACTION: Notice of Assumption 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 Convnission will assume regulatory authority for sealed source and device evaluations in response to requests from the Agreement States of Iowa, North Dakota and Utah to relinquish that authority.
EFFECTIVE DATE: April 1, 1996 FOR FURTHER INFORMATION CONTACT: Stephen N. Salomon, Office of State Programs, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.
Phone (301) 415-2368. Internet: SNS@NRC.GOV.
SUPPLEMENTARY INFORMATION:
The Nuclear Regulatory Commission received letters from North Dakota Governor Edward T. Schafer (September 25, 1995), Iowa Governor Terry E. Branstad (January 22, 1996), and Utah Governor Michael a.Leavitt (January 16, 1996) requesting the relinquishment of their sealed source and device authority and the assumption, thereof, by the Commission. 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 accepted their requests and has notified these Agreement States that effective April 1, 1996, the Commission will assume authority to evaluate and approve sealed source and device applications within these States.
FOR THE U.S. NUCLEAR REGULATORY COMMISSION John C. Hoyle, Secretary U.S. Nuclear Regulatory Commission ATTACHMENT 7