View source for IA-87-402, Partially Withheld Commission Paper Requesting Approval to Publish Proposed Revs to NRC Policy Statement, Guidelines for NRC Review of Agreement State Radiation Control Programs

{{Adams
| number = ML20238E434
| issue date = 09/08/1986
| title = Partially Withheld Commission Paper Requesting Approval to Publish Proposed Revs to NRC Policy Statement, Guidelines for NRC Review of Agreement State Radiation Control Programs
| author name = Stello V
| author affiliation = NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
| addressee name = 
| addressee affiliation = 
| docket = 
| license number = 
| contact person = 
| case reference number = FOIA-87-402, TASK-PINV, TASK-SE
| document report number = SECY-86-265, SECY-86-265-01, SECY-86-265-1, NUDOCS 8709140341
| package number = ML20238E358
| document type = COMMISSION PAPER, TEXT-SAFETY REPORT
| page count = 6
}}

=Text=
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POLICY ISSUE (Notation Vote)                                                    !
September 8,1986                                             SECY-86-265 For:                 The Commissioners                                                       !
                                                                                                        )
From:                Victor Stello, Jr.                                                      4 Executive Director                                                      i for Operations

==Subject:==
PROPOSED REVISION TO NRC POLICY STATEMENT
                                " GUIDELINES FOR NRC REVIEW OF AGREEMENT STATE RADIATION CONTROL PROGRAMS"

==Purpose:==
To obtain Commission approval to publish for public comment proposed minor revisions to the NRC Policy Statement " Guidelines for NRC Review of Agreement State Radiation Control Programs."
i Background &         On December 4,1981 NRC published a final general                         i Discussion:          statement of policy for evaluation of Agreement State radiation control programs (46 FR 59341).
There are 28 Agreement States, the most recent Agreement, with Iowa, became effective January 1, 1986. The 1981 policy statenent and the staff's implementation of it, primarily through periodic                         !
on-site reviews of the Agreement State programs, has Cantact:                                                                                      1 Donald A. Mussbaumer, OSP 492-7767 or                  ,,                                                               ,
Joel 0. Lubenau, OSP                  i                                   f' 1
492-9887 Q
0709140341 870910 1_          __ _TE                             _    __
j

2 been successful in helping the Agreement States maintain programs which the staff determined to be adequate to protect public health and safety and compatible with NRC programs. Since the issuance of the 1981 Policy Statement, the staff has not found any Agreement State program to be inadequate to protect public health and safety.
While overall implementation of the Policy Statement has been effective in maintaining adequate and compatible Agreement State programs, staff experience has led it to conclude that the Policy Statement is in need of updating and clarification in a number of areas.
Input for a proposed revision was solicited by OSP in November,1985 from the Agreement States, NMSS, IE, ELD, NRR, AE00, RES and the regional offices.
The proposed revision was then circulated to the Agreement States and NRC offices for their review and their coments have been incorporated as appropriate.
These revisions proposed are identified and discussed in the proposed Federal Register notice (pages 11 thru 15) (Enclosure 1).
Except for guidelines that are specific to uranium    l mill regulatory programs (which have as their origin the Uranium Mill Tailings Radiation Control Act of 1978, as amended) the policy statement is a general ore that is applicable to all radioactive materials programs conducted under an NRC agreement. The staff plans to consider revision of the guidelines for mill programs after NRC's regulations for mills and mill tailings are finalized. With respect to States having programs for regulating the land disposal of low-level radioactive waste, the staff will consider development of guidelines for these programs after experience is gained with applying 10 i CFR Part 61 or equivalent State regulations. In the  j
                      ' interim, staff will update its internal written     :
procedures for these specialized programs as         j appropriate.
I

i pf ctor Stello,   .
Executive Director for Operations

==Enclosure:==
: 1. Proposed Federal Register notice
: 2. Draft Congressional Letter
: 3. Draft Public Announcement Commissioners' coments or consent should be provided directly to the .Of fice of the Secretary by c.o.b. Tuesday, September 23, 1986.                                                                             ,
Commission Staff Office comments, if any, should be submitted                     j to the Commissioners NLT Tuesday, September 16, 1986, with an information copy to the Office of the Secretary.               If the paper is of such a nature that it requires additional time for analytical review and comment, the Commissioners and the Secretariat should be apprised of when comments may be expected.                               '
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s       NUCLEAR LICENSING REPORTS Executive Offices:                                                 Mail Order Address:
             , 200-A Monroe Street, Suite 105                                    P.O. Box 10866
             ' Rockville, Maryland 20850                                         Rockville, Maryland 20850 (301) 424 4132 J.N 2 7 1987                  fEEDOM OF 10f0RMATl0N CT
                                                                                             ' REQUEST Mr. Donnie H. Grimsley
                                                                                                -O}-VQ L Director, Division of Rules and Recorch
                                                                                              /        g.
Office of Administration and Resources Management U.S. Nuclear Regulatory Commission Washington, D.C. 20555

==Dear Mr. Grimsley:==

Pursuant to the Freedom of Information Act, I request copies of the records shown on the attachment. Should any records subject to this request be considered by the NRC to be personal records as distinguished from agency records, I request the identification of such records and the circumstances leading to their creation in order that I might challenge, if appropriate, the NRC's determination through the administrative and judicial processes.
In accordance with the Freedon of Information Act of 1986 (Pub. L.                ,
99-570) and the Guidelines of the office of Management and Budget, I request waiver of all search, review, and reproduction charges for records subject to               i this request for the reasons set forth in my letter to you dated June 25, 1987, which is incorporated herein by reference.
Please send any records sub M to this request to the office address               .
listed above. Please telephone me if you have any questions or require                       ,
further information.
Sincerely,                               4 o$
John Potter Editor 1

==Enclosure:==
As stated                                                                          ]
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     .Y Y
Attachment to Letter from Nuclear Licensing Reports dated                                                                                     .
Records Requested
: 1.       All records relating to the development of objective performance indicators for materials licensees regulated by the Agreement States and NRC.
: 2.       Any records of meetings or conversations with Agreement State officials regarding performance indicators.
: 3.       Any records indicating whether or not any meetings between NRC and Agreement State representatives to jointly develop performance indicators would be subject Fo the Federal Advisory Committee Act and, if so, NRC's plans to comply with the act.
For reference, this subject was referred to by chairman Zech in his address at the Broad Scope Licensee Synposium in Wakefield, Massachusetts on May 18, 1987, an excerpt of which appears below from NRC press release No.
S-B-87.
We are currently examining the feasibility of developing a set of objective performance indicators for the various materials licensees regulated by the agreement states and the NRC. We plan to request the, agreement states to appoint representatives to work with our staff in a joint NRC-agreement state effort to apply this concept to materials licensees.
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