SECY-19-0085, VR-SECY-19-0085: Section 274b. Agreement with the State of Vermont

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VR-SECY-19-0085: Section 274b. Agreement with the State of Vermont
ML19273A077
Person / Time
Issue date: 09/06/2019
From: Annette Vietti-Cook
NRC/SECY
To:
References
SECY-19-0085
Download: ML19273A077 (7)


Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 September 6, 2019 SECRETARY COMMISSION VOTING RECORD DECISION ITEM: SECY-19-0085 TITLE: SECTION 27 4b. AGREEMENT WITH THE STATE OF VERMONT The Commission acted on the subject paper as recorded in the Staff Requirements Memorandum (SRM) of September 6, 2019.

This Record contains a summary of voting on this matter together with the individual vote sheets, views and comments of the Commission .

ietti-Cook Secretary of the Commission

Enclosures:

1. Voting Summary
2. Commissioner Vote Sheets cc: Chairman Svinicki Commissioner Baran Commissioner Caputo Commissioner Wright OGC EDO PDR

VOTING

SUMMARY

- SECY-19-0085 RECORDED VOTES NOT APPROVED DISAPPROVED ABSTAIN PARTICIPATING COMMENTS DATE Chrm. Svinicki X X 09/03/19 Cmr. Baran X X 09/05/19 Cmr. Caputo X X 09/04/19 Cmr. Wright X X 09/04/19

POLICY ISSUE NOTATION VOTE RESPONSE SHEET TO: Annette Vietti-Cook, Secretary FROM: CHAIRMAN SVINICKI

SUBJECT:

SECY-19-0085: Section 274b Agreement with the State of Vermont Approved XX Disapproved Abstain - - Not Participating COMMENTS: Below XX Attached None I find that the proposed Vermont program to assume regulatory authority for possession and use of: (1) byproduct material as defined in Section 11 e.(1 ), 11 e.(3) , and 11 e.(4) of the Atomic Energy Act, as amended (the Act); (2) source material ; and (3) special nuclear material, in quantities not sufficient to form a critical mass, is compatible with the Commission's program for the regulation of like materials. I find that the proposed Vermont program is adequate to protect the public health and safety within the State with respect to the materials and uses covered by the proposed Agreement. In light of the foregoing, I approve the proposed Agreement between the State of Vermont and the NRC pursuant to Section 274 of the Act, as set forth in Enclosure 1 of the paper.

DATE 09/ s /19 Entered on "STARS" Yes ~ No_

POLICY ISSUE NOTATION VOTE RESPONSE SHEET TO: Annette Vietti-Cook, Secretary FROM: Commissioner Baran

SUBJECT:

SECY-19-0085: Section 274b Agreement with the State of Vermont Approved X Disapproved - - Abstain - - Not Participating - -

COMMENTS: Below Attached X None Entered in "STARS" Yes X $ NATURE No 1{.f"/1 '

DATE

Commissioner Saran's Comments on SECY-19-0085, "Section 274b. Agreement with the State of Vermont" In this paper, the NRC staff recommends approving the proposed NRC Agreement with the State of Vermont, which would provide for the state to assume regulatory authority over source material , specific types of byproduct material, and special nuclear material, in quantities not sufficient to form a critical mass.

In reaching its conclusion that Vermont's proposed program would be compatible with NRC's program and adequate to protect public health and safety, the NRC staff evaluated Vermont's proposed program against 28 criteria related to radiation protection standards, inspection , enforcement, personnel , administration , and other key aspects of an effective program. I found the staff's final assessment to be thorough and its findings well-reasoned .

agree with the NRC staff's conclusion that Vermont's proposed program is compatible with the NRC's program and adequate to protect public health and safety.

During its evaluation , the NRC staff identified a limited number of changes to Vermont's regulations that will be necessary for the state to be fully compatible with NRC's regulations .

Vermont has since committed to making these changes .

For these reasons, I approve the proposed Agreement between the State of Vermont and NRC.

POLICY ISSUE NOTATION VOTE RESPONSE SHEET TO: Annette Vietti-Cook, Secretary FROM: Commissioner Caputo

SUBJECT:

SECY-19-0085: Section 27 4b Agreement with the State of Vermont Approved XX Disapproved Abstain - - Not Participating COMMENTS: Below XX Attached None After reviewing SECY-19-0085, I find that the proposed Vermont Agreement State program to assume regulatory authority for possession and use of: (1) byproduct material as defined in Section 11 e.(1 ),

11 e.(3), and 11 e.(4) of the Atomic Energy Act of 1954, as amended (the Act); (2) source material ; and (3) special nuclear material, in quantities not sufficient to form a critical mass, is compatible with the Commission's program for the regulation of like materials. I also find that the proposed Vermont program is adequate to protect the public health and safety within the State with respect to the materials and uses covered by the proposed Agreement.

Consequently, I approve the proposed Agreement between the State of Vermont and the NRC pursuant to Section 274 of the Act, as set forth in Enclosure 1 of SECY-19-0085 Entered in STARS Yes X s

No DATE

POLICY ISSUE NOTATION VOTE RESPONSE SHEET TO: Annette Vietti-Cook, Secretary FROM: Commissioner Wright

SUBJECT:

SECY-19-0085: Section 27 4b Agreement with the State of Vermont Approved X Disapproved - - Abstain - - Not Participating COMMENTS: Below X Attached None Original vote date: September 4, 2019.

I appreciate the staff's thorough assessment of the proposed Vermont Agreement State program . I find that the proposed Vermont program to assume regulatory authority for possession and use of: (1) byproduct material as defined in Section 11e.(1 ), 11e.(3), and 11 e.(4) of the Atomic Energy Act of 1954, as amended (AEA); (2) source material; and (3) special nuclear material, in quantities not sufficient to form a critical mass, is compatible with the Commission's program for the regulation of like materials. I find that the proposed Vermont program is adequate to protect the public health and safety within the State with respect to the materials and uses covered by the proposed Agreement. Therefore, I approve the proposed Agreement between the State of Vermont and the NRC pursuant to Section 274 of the AEA, as set forth in Enclosure 1 of the paper.

Entered in STARS Yes v' No- - - -