View source for IA-85-170, Requests Response to Listed Questions Re Definition of Person in Paragrah 140.3(g) of NRC Regulation & Liability Coverage for High Level Waste Activities

{{Adams
| number = ML20129B806
| issue date = 10/03/1984
| title = Requests Response to Listed Questions Re Definition of Person in Paragrah 140.3(g) of NRC Regulation & Liability Coverage for High Level Waste Activities
| author name = Saltzman J
| author affiliation = NRC OFFICE OF STATE PROGRAMS (OSP)
| addressee name = Olmstead W
| addressee affiliation = NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
| docket = 
| license number = 
| contact person = 
| case reference number = FOIA-85-170
| document report number = NUDOCS 8507150598
| package number = ML19292E725
| document type = INTERNAL OR EXTERNAL MEMORANDUM, MEMORANDUMS-CORRESPONDENCE
| page count = 3
}}

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0010 3 BB4 MEMORANDUM F0f.: Willian J. Olmstead Regulations Divisice Director                                                                                   -
and Chief Counsel Office cf the Executive Legal Director FROM:                                        Jerome Saltzman. Assistant Cirector State end Licensee Relations Office of State Progranes

==SUBJECT:==
i NRC 1RDEMNIFICAT10m 0F DOE F04 H1.W ACTIVITIES j
In recent months, increased attentien has been focused on the geestion of the authorittes under which DOE can provide third party liability protection in connectica with civilian high level waste facilities. The attached DOE assorandum free Haaes to Rusche dated June 27, 1984 describes bow this issue has coat to a head in connection with consultation and cooperation agreener.t negotiations with the State of Washington. Liability with respect to hioh level weste was also the sehject of a resolutioa passed this summer by the National Conference of State Legislateres (see attached).
We note that the definitisa cf "Persco' in Paragraph 140.3(g) of MRC's regulations states that the Department [of Energv) " . . . shall be considered a person within the meaning of the regulatices in this part to the extent that its facilities and activities are subject to the licensing and related regulatory authority of the Commistice pursuant to section ?02 of the Energy ReorganitAtion Act of 1974 (88 Stat. 1244). ... ' This change tC the deficttion of ' person" (and consequently of ' person indemnified *) was made as a result of the Energy Reorganization Act bot we have been unsuccessful in learning the reason or intent of the change.
l             In order that we may be able to respond to geestions pertaisieg to whether l
'            tac can indemnify DOE for high level waste activities where DOE is a licensee of the IIRC we would like yoor viers on the following questions:
: 1.           What were the reasons and intent of the unendment to the definition ef
                          ' person" in 140.3(g)?
: 2.           What was the authority for the MRC to change the definition of "persen" from that foer4 in Sec. 11.s. of the Act?
: 3.           Does the NRC have authority to condition the DOE license so as to require DOE to enter into an agreement with MRC to indesmify 90E for its activities relating to civilian high level waste repositories and transportation?
0507150598 850517 PDR   FOIA l                         EYE 85-170                                             PDR
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tilliam J. 01cstcsc                         -  i-
    .                                                                                     OCT 0 3 Et.
4 It the NIC b:s this authorit; does it hav( discreti:n in the eiercte, this euttcett ?  i
: 5.      Whst is th areunt of pr; tecti..e that v..uld br prcvided under tb.
incev ity egree <tt?
E.
Is this pretceti'r. af fe.ctad b. what her 90E uses cor.tracter perscoat l            r DOE escic,se.es?'
7 C 4 :. Inis indent it- cever:g; cever the pe ri ac r;f DO E 's pr.s t- y. ro t i .*: '     -
eustscisi perice?
: b.      Cor f.ir an:lel prctactior, or required?
: 9.       If 40 were tt previde indear.it
:everar.: tc DOE in a fashi:r timil:r t its coverage what             f ur Federal reacter liceesces under Subpart C of Par *.14:,
1: its authrrity
* nots
* tc 1140.51).
not te reoutru fii.tscial protection? (see the As you car. see fror the nature cf these questions, we are grorir.e with a cor. cept (the possibit indenr.if t:stine. c' DOE by MAC) that we have not addrt:5566 befer*. If you can add anything else to help us understand thu matter, beycad our guestions, please feel free to provide it.
we wculd appreciate your responses as se:n as pessible since the subject f
       -liability c:verag- for eigh 1sve 1 weste has becoma cuite a hot tepic and we beva hac te respond te questic,ns in a nunbar c' pertings with the states.
AlKRORE SAlintAN Jeroce Salt: man, Assistent Directer State and Licensee Relations Officc c' Stete Progrees Entiosurss:
: 1. Ltr. dtd 1/16/D4 from R. Hames to C. Acc
: 7. Mene dtd 6/27/84 from R. Hem:s te P. Rusche
: 3. Resolution Dessac b.s NCSL r;: I.
bruwi.1"s i

i' .i
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OFFICE OF STATE PROGRAMS ITEMS OF INTEREST WEEK ENDING AUGUST 3, 1984 Resolution from NCSL Meeting                                                -
Wayne Kerr.and Sue.Weissberg attended the annual meeting of the National Conference of State Legislatures (NCSL) which was held in Boston, Mass.,
July 23-27 and was attended by over 4,000 State Legislators. Items of discussion included electric utility regulation, Price-Anderson Act, electricity rate shock, high-level radioactive waste repository siting and icw-level radioactive waste. At the session on Price-Anderson, the Energy Committee adopted the following resolution which was approved by the full Conference at their final business meeting:
The National Conference of State Legislatures respectfully requests the Congress of the United States to clarify the authority of the U. S. Department of Energy to provide for strict liability on the part of the Federal Government with full indemnification for any State in which an accident occurs during the transportation or in the disposal of high-level nuclear waste.
Idaho Review The Idaho radiation control program will be reviewed August 7-10, 1984 California Follow-up Review A follow-up review of the California radiation control program will be performed August 13-17, 1984.
New York Department of Labor Review A review of the New York Department of Labor radiation control program will be performed August 16-17 and 20-24,1984.
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