STC-22-043, Notification of the Issuance of Procedure SA-700 Processing an Agreement

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STC-22-043 Notification of the Issuance of Procedure SA-700 Processing an Agreement
ML22189A181
Person / Time
Issue date: 07/08/2022
From: Brian Anderson
Office of Nuclear Material Safety and Safeguards
To:
Office of Nuclear Material Safety and Safeguards, NRC Region 1, NRC/RGN-III, NRC Region 4, State of CT, State of IN, State, Agreement States, State, Non-Agreement States
Duncan White, NMSS/MSST
References
STC-22-043
Download: ML22189A181 (3)


Text

ALL AGREEMENT STATES, CONNECTICUT, INDIANA NON-AGREEMENT STATES STATE LIAISON OFFICERS FEDERALLY RECOGNIZED TRIBES NRC NMSS, NRC REGIONS I, III AND IV NOTIFICATION OF THE ISSUANCE OF PROCEDURE SA-700, PROCESSING AN AGREEMENT (STC-22-043)

Purpose:

To inform the National Materials Program (NMP) community (States and U.S. Nuclear Regulatory Commission (NRC) and Federally Recognized Tribes that Office of Nuclear Material Safety and Safeguards (NMSS) State Agreements (SA) procedure SA-700, Processing an Agreement, has been revised and approved for use.

Background:

The last revision of SA-700 was issued on January 26, 2015 and is available in the Agencywide Documents Access and Management Systems (ADAMS) under Accession No. ML14343A678. Since the previous issuance of SA-700, the NRC has entered into Agreements with the States of Wyoming and Vermont, in 2018 and 2019, respectively. The Wyoming and Vermont Agreements both resulted in changes in the NRCs approach to processing Agreements. The Wyoming Agreement involved extensive engagement with Federally Recognized Tribes that expressed interest in the Agreement application review process. In addition, the NRCs Tribal Policy Statement (82 FR 2402; January 9, 2017) was published during the processing of the Wyoming Agreement. In 2019, the Commission directed changes to some of the language in the Vermont Agreement.

On April 7, 2021, NRC staff issued Notification of the Issuance, and Opportunity to Comment on the Interim Procedure SA-700, Processing an Agreement (STC-21-018) to inform the NMP community and Federally Recognized Tribes that NMSS procedure SA-700 was approved for use as an interim procedure and to provide an opportunity to comment on the interim procedure.

The comment period for the interim procedure was scheduled to end on October 15, 2021, but was extended to January 31, 2022, in Extension of Comment Period for Interim Procedure SA-700, Processing an Agreement (STC-21-018A) issued on September 8, 2021.

On December 10, 2020, and June 11, 2021, the Governors of Connecticut and Indiana, respectively, submitted Letter of Intents to become an Agreement State. This revision of SA-700 was issued as an interim procedure to allow the processing of the Connecticut and Indiana Agreement applications while allowing for the submission of comments by interested parties. No comments on the procedure were received from States or Tribes. NRC staff comments were accepted and incorporated into this revision.

Discussion: SA-700 has been revised to incorporate lessons learned during the review and finalization of the Wyoming and Vermont Agreements. A new appendix (Appendix E to the SA-700 Handbook) was developed to guide NRC engagement and consultation with Federally Recognized Tribes during the Agreement process.

July 8, 2022

STC-22-043 2

This procedure has been uploaded to the state communications portal website for use:

https://scp.nrc.gov/procedures.html. The procedure and handbook can be also found in ADAMS under Accession Nos. ML22138A414 and ML22140A396.

If you have any questions regarding this communication, please contact the individual named below:

POINT OF CONTACT: Duncan White E-MAIL: duncan.white@nrc.gov TELEPHONE:

301-415-2598 Brian C. Anderson, Branch Chief State Agreement and Liaison Programs Division of Materials Safety, Security, State, and Tribal Programs Office of Nuclear Material Safety and Safeguards Signed by Anderson, Brian on 07/08/22

ML22189A181 OFFICE NMSS/MSST/SLPB NMSS/MSST/SALB NAME AWhite BAnderson DATE Jul 8, 2022 Jul 8, 2022