ML20203G219

Responds to 981224 Ltr Which Expressed Concerns Re USNRC Plans to Distribute 981221 SRM Re SECY-98-232 & Commission Paper to All Agreement States.Informs That NRC Does Not Plan to Delay Implementation of Actions Specified in SRM

ML20203G219
Person / Time
Site:	Framatome ANP Richland
Issue date:	02/16/1999
From:	Paperiello C NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
To:	Seaman S SEAMAN NUCLEAR CORP.
References
SECY-98-232-C, NUDOCS 9902190180
Download: ML20203G219 (9)

Text

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7. NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 'A885-0001 4

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February 16, 1999 Mr. Scott C. Seaman, President Seaman Nuclear Corporation 7315 South First Street Oak Creek, Wisconsin 53154 -

Dear Mr. Seaman:

I am responding to your December 24,1998, letter, which notified the U.S. Nuclear Regulatory Commission (NRC) of Seaman Nuclear Corporation's concerns over the December 21,1998, Staff Requirements Memorandum (SRM)'- SECY-98-232. Seaman Nuclear is concerned that NRC plans to provide copies of the SRM and the related Commission Paper to all Agreement States and plans to consult with the States of Califomia and North Carolina, the home States of Seaman Nuclear's competitors in the moisture density gauge industry.

Your letter indicates that Seaman Nuclear is concerned that providing a copy of the SRM and Commission Paper, and discussing Seaman Nucleafs application for authorization to distribute portable moisture density gauges to general licensees, would provide early notification er warning of Seaman Nuclears technical and marketing efforts, or might provide a wake-up call to competitors. As you know, the Seaman Nuclear application does not contain any information labeled as proprietary information; therefore, a copy of the application is currently available to the public through the NRC Public Document Room.' To request the withholding of any personal privacy, proprietary, or safeguards information, you must specifically identify the portions of your correspondence that you seek to have withheld and provide in detail the bases for your claim of withholding, by providing the information required by 10 CFR 2.790(b) to support a request for withholding confidential commercial or financial information. Specifically, you requested the following:

1. That the SRM not be transmitted to the Agreement States. Instead, a " generalized" I version of the SRM that does not reference Seaman Nuclear or portable moisture L7 density gauges be distributed to the Agreement States. .

2.

3 That the Commission Paper not be transmitted to the Agreement States.

3. That NRC not consult with the States of California nor North Carolina while Seaman Nucleafs application is being reviewed. Seaman Nuclear believes this would provide further unfair advantage to its competitors.

4. If these cannot be granted, Seaman Nuclear requests a delay in action for 90 days, the approximate time for Seaman Nuclear to test approval prospects with an Agreement State.

We have thoroughly considered your request. However, while we understand Seaman Nuclears concerns, we have concluded that it is important to implement the actions specified in the SRM for the reasons cited below.

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SECY-CRC-98-1161 FMirag!ia CPoland PDR i EDO r/f LPDR NMSS Dir. Off. r/f JdRC Central File NMSS r/f <.NS r/f WTravers PTressler "This correspondence addresses policy issues previously resolved by the Commission, transmits factual information, or restates Commission policy. "

DOC NAME: a:\ seaman.edo To recesve a copy of this documert, indicate in the box: "C's Copy without attachment / erd. 'E' e Copy wth attachmert/ord 'N' e No copy

• See previous concurrence OFC MSB* MSB* Tech Ed* IMNS*

NAME JLubinski/II LCamper Ekraus (e-mail) DCool DATE 1/7/99 1/7/99 1/7/99 1/7/99

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        - As it is our policy to operate in an open environment, the SRM and the Commission paper are
        - already pub!!ct/ eval dole on the internet,'since the information was not identified as being proprietary when provided to the NRC.- Under the Atomic Energy Act, NRC is required to ensure consistent and adequate protection of public health and safety in regulating the possession and use of byproduct materials. Because NRC has divested its authority for
        - regulation of byproduct materials in the Agreement States, including portable moisture density gauges, it is necessary to facilitate nationally consistent regulation of these gauges by
        - consulting with the Agreement States. This is necessary because the use of portable gauges containing high-energy gamma souices of the level of activity requested under a genera!

license and a vendor's implementaton of an accountability program are new concepts. NRC does not plan to delay implementation of the actions specified in the SRM.' Specifically,

        - NRC will provide a letter, including copies of the SRM End associated Commission Paper, to all Agreement States, shonly. As stated above, this action 's necessary to ensure that NRC and Agreement States share information in a timely manner. In addition, as specified in your letter, Seaman Nuclear plans to test approval prospects with'an Agreement State. While providing this information to the Agreement States does not prohibit the Agreement States from issuing such a license, it would ensurc ' hat they are aware of NRC's plant.=d actions. In addition, it would ensure that the Agreement States are aware of the benefits from Seaman Nuclear's voluntary commitment to annually contact users.

if you have any questions about this letter, you may contact Larry Camper of my staff at (301) 415-7231. Sincerely, Carl J. Paperiello, Director , Office'of Nuclear Material Safety  ! and Safeguards ~ P w i l m. L L i I

                       - .                                          - - -        --                     .- -~             .                          -    -

l S.C. Seaman 2 nationally consistent regulation of these gauges by consulting with theement Agre/ States. This

is necessary since the use of portable gauges containing high-energy,gimma sources under a general license and a vendor's implementation of an accountability program are new concepts. i

                                                                                                                    /                                         l NRC does not plan to delay implementation of the actions specified in the SRM. Specifically,                                                         l l         NRC will provide a letter, including copies of the SRM and associated Commission Paper, to all       z Agreement States, shortly. This action is necessary to esisure that NRC and Agreement States share information in a timely manner. In addition, as specified in your letter, Seaman Nuclear plans to test approval prospects with an Agreement State. Therefore, it is important that all respect to the use of portable moisture i

Agreement States density gauges under general licenses. While p[ov are aware of NRC's actions wit [iding this informatio States does not prohibit the Agreement States from issuing such a license, it would ensure that they are aware of NRC's planned actions. Ir}$ddition, it would ensure that the Agreement j States are aware of the benefits from Sea 7en Nuclear's voluntary commitment to annually

contact users. '

if you have any questions about this I er, you may contact Larry Camper of my staff at (301) 415-7231.

l Sincerely, Carl J. Paperiello, Director Office of Nuclear Material Safety i and Safeguards . I DISTRIBUTION: Closes G19980757 RECORD NOTE - COORDINATED WITH: SECY-CRC-98-1161 FMiraglia CPoland. PDR . EDO r/f LPDR NMSS Dir. Off, r/f NRC Central File NMSS r/f IMNS r/f WTravers . PTressler 1 4 "This correspondence addresses policy issues previously resolved by the Commission, transmits factual information, or restates Commission policy.

• Doc NAME: siseaman.edo To receive a copy of this document, indicate in the box: "C"= Copy without attachment /enci. "E" = Copy we attachment /enct "N" = No copy
• See previous concurrence .,

OFC MSB* M3tf Tech Ed* IMNS* NAME JLubinski/II LCamper Ekraus (e-mail) DCool DATE 1U/99 1R/99 il7 l99 f) in/99

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                              .....,o Mr. Scott C. Seaman, President Seaman Nuclear Corporation 7315 South First Street                                                                                        i Oak Creek, WI 53154

Dear Mr. Seaman:

n l I am responding to your December 24,1998, letter, which notified the U.S. Nuclear Regulatory ] Commission (NRC) of Seaman Nuclear Corpoi uon's concems over the December 21,1998, i Staff Requirements Memorandum (SRM) - SECY-98-232. Seaman Nuclear is concemed that l

NRC plans to provide copies of the SRM and the related Commission Paper to all Agreement j e States and plans to consult with the States of Califomia and North Carolina, the home States of i

' Seaman Nucleafs competitors in the moisture density gaugeiindustry.

                                                                                                                                              ]
                                                                                            /                                   ,             i Your letter indicates that Seaman Nuclear is concemed that providing a copy of the SRM and                      I
 ,;                           Commission Paper, and discussing Seaman Nuclear's application for authorization to distribute >

portable moisture density gauges to general licensees, would provide early notification or

                                                                                                                                           -);

.. waming of Seaman Nuclear's technical and marketing efforts, or might provide a wake-up call to -

r' competitors. Specifically, you requested the foliosving: That the SRM not be transmitted Anrecinant to ttye/ 3

1. States. Instead, a " generalized" 4 , - version of the SRM that does not refmnce Seaman Nuclear or portable moisture -

41 , density gauges be distributed to the#A0reement States. ,

                                                                       /

2 . That the Commission Paper not be transmitted to the Agreement States. !gF' e *

3. That NRC not consult with States of the/

Califomia nor North Carolina while Seaman

                          ,           Nuclear's application is beinh reviewed Seaman Nuclear believes this would provide

_ further unfair advantage to'its competitors. I 4. - If these cannot be gra , Seaman Nuclear requests a delay in action for 90 days, the approximate time for aman Nuclear to test approval prospects with an Agreement - State. We have thoroughly considered your request. However, while we understand Seaman Nuclear's concems, we have concluded that it is important to implement the actions specifed in the SRM for the reasons cited below. NRC plans to provide copies of the SRM and associated Commission Paper to all Agreement States. Under the Atomic Energy Act, NRC is required to ensure consistent and adequate t protection of public health and safety in regulating the possession and use of byproduct materials. Since NRC has divested its authority for regulation of byproduct materials in the Agreement States, including portable moisture density gauges, it is necessary to facilitate 4 i  ! , :l l

. i S.C. Seaman 2 nationally consistent regulation of these gauges by consulting with the Agreement States. This is necessary since the use of portable gauges containing high-energy gamma sources under a general license and a vendor's implementation of an accountability program are new concepts. NRC does not plan to delay implementation of the actions specified in the SRM. Specifically, NRC will provide a letter, including copies of the SRM an ' associated Commission Paper, to all Agreement States, shortly. This action is necessary i nsure that NRC and Agreement States share information in a timely manner. In addition, specified in your letter, Seaman Nuclear plans to test approval prospects with an Agreemen State. Therefore, it is important that all Agreement States are aware of NRC's actions ith respect to the use of portable moisture density gauges under general licenses. Whi providing this information to the Agreement States does not prohibit the Agreement St es from issuing such a license, it would ensure that they are aware of NRC's planned action in addition, it would ensure that the Agreement States are aware of the benefits from aman Nuclear's voluntary commitment to annually contact users. If you have any questions about is letter, you may contact Larry Camper of my staff at (301) 415-7231. Sincerely, s V / Carl J. aperiello, Director Office of Nuclear Material Safety and Safeguards l'

S.C.Sermin 2 nationally consistent regulation of these gauges by consulting with the Agreement States [This is necessary since the use of portable gauges containing high-energy gamma sources under a generallicense and a vendor's implementation of an accountability program are new' concepts.

                                                                                                                                                /

NRC does not plan to delay implementation of the actions specified in the SRM./ Specifically, the . NRC will provide a letter, including copies of the SRM and associated Commission Paper, to all Agreement States in the near future. This action is necessary to ensure that NRC and l Agreement States share information in a timely manner, in addition, as specified in your letter, Seaman Nuclear plans to test approval prospects with an Agreement State. Therefore, it is important that all Agreement States are aware of NRC's actions with respect to the use of portable moisture density gauges under general licenses. While pro'viding this information to the Agreement States does not prohibit the Agreement States from issuing such a license, it would ensure that they are aware of NRC's planned actions. In addition, it would ensure the Agreement States are aware of the benefits from Seaman Nuclear's voluntary commitment to annually contact users. , if you have any questions concerning this letter, you may contact Larry Camper of my staff at (301) 415-7231. Sincerely, 1 I Carl J. Paperiello, Director i Office of Nuclear Material Safety and Safeguards DISTRIBUTION: G19980757 RECORD NOTE - COORDINATED WITH: SECY-CRC-98-1161 FMiraglia ,' CPoland PDR EDO r/f LPDR NMSS Dir. Off. r/f NRC Central File / NMSS r/f IMNS r/f WTravers / PTressler i doc NAME: aAseaman eSo To recewe a copy of this document, Indicate in the box: "C"= Copy without attachment / enc 1"E" = Copy with attachment /enci "N" = No copy

• See previsus concIurrence OFC MSB* MSB* Tech Ed* IMNS*

NAME / JLubinski/ll LCamper Ekraus (e-meil) DCool DATE 1/7/99 1/7/99 il 7 /99 1/7/99

      -                  .x 1-    aging gain         -..c....   . =    y   ::=      =:= xn : n              lira mag =r           2:   massess .

OFC/ NM@ 6h DEDR EDO OCM NAhlE ello FMiraglia WTravers DATE 1/~/199 1/ /99 1/ /99 1/ /99 OFFICIAL RECORD COPY

                     ~~                                   - . - -                     . - .                -        .                   -.          -.

. = Scott C. Serm:n 2 nationally consistent regulation of these gauges by consulting with the Agreement States. This is necessary since the use of portable gauges containing high-energy gamma sources under a  ; generallicense and a vendor's implementation of an accountability program are new concepts.

• NRC does not plan to delay implementation of the actions specified in the SRM. Specifically, the NRC will provide a letter, including copies of the SRM and associated Commission Paper, to all i Agreement States in the near future. This action is necessary to ensure that NRC and / .

Agreement States share information in a timely manner. In addition, as specified in your letter, Seaman Nuclear plans to test approval prospects with an Agreement State. TherefoJe', it is , important that all Agreement States are aware of NRC's actions with respect to the{nse of portable moisture density gauges under generallicenses. While providing this

• ormation to the Agreement States does not prohibit the Agreement States from issuing suc license, it would ensure that they are aware of NRC's planned actions. In addition, it wou ensure the i Agreement States are aware of the benefits from Seaman Nuclear's v ntary commitment to i annually contact users.

If you have any questions conceming this letter, you may cont Larry Camper of my staff at l (301) 415-7231. Sin rely, Carl J. Paperiello, Director Office of Nuclear Material Safety and Safeguards DISTRIBUTION: rC;mee; G19980757- RECORD NOTE - COORDINATED WITH: gc.y-CRC-98-1161 FMiraglia CPoly d PDR EDO r/f LPDR NMSS Dir. Off. r/f NRC Central File IMNS r/f WTravers Nj:'@SS

                                                        .           rs r/f                           PTressler doc NAME: a:\ seaman.edo To receive a copy of the document. boceW in the box: "C"= Copy without attachmenuenct "E" = Copy with attachmenvenct "N" = No copy

• See previous concurre cem oocuow. .is see.

OFC ( MSB [(5 hp / Tech Ed (MNSj NAME Lut ski /Il mper Ekraus (e-mail)

                                /                 V\                                                                    V D

se,A.TE A/ }/99 1/ /99 il7 /99 il 7/99 meme see imeimmissummunenummeammim === == = OFC / NMSS DEDR EDO OCM NAME / CPaperiello FMiraglia WTravers DAT 1/ /99 1/ /99 1/ /99 1/ /99 OFFICIAL RECORD COPY

   . . J                                                                              2 NRC pt ns to consult with Agrument St t:s, including ths States of California and North Carolina. This is essential to discuss concerns with accountability of portable devices and specifically portable moisture density gauges. However, the consultation also is designed to discuss any concerns and obtain more information for NRC to make a fully informed deci n on Seaman Nuclear's application. The Agreement States may have insights not consi red by NRC when evaluating Seaman Nuclear's application. Since the States of California d North Carolina have experience in regulating vendors of portable moisture density gaug , these States may have insights that could not be obtained through consultation with ot er Agreement States.

NRC does not plan to delay implementation of the actions specified in the RM. Specifically, the NRC will provide a letter, including copies of the SRM and associate Commission Paper, to all Agreement States in the near future. This action is necessary to nsure that NRC and Agreement States share information in a timely manner. In addition as specified in your letter, Seaman Nuclear plans to test approval prospects with an Agreem t State. Therefore, it is important that all Agreement States are aware of NRC's actions ith respect to the use of portable moisture density gauges under generallicenses. Wh' providing this information to the Agreement States does not prohibit the Agreement Stat from issuing such a license, it would ensure that they are aware of NRC's planned actio in addition, it would ensure the Agreement States are aware of the benefits from Seam Nuclear's voluntary commitment to annually contact users. If you have any questions concerning this letter, yo may contact Larry Camper of my staff at (301)415-7231. Sincerely, l Carl J. Paperiello, Director I Office of Nuclear Material Safety  ! and Safeguards DISTRIBUTION: Closes G 980757 RECORD NOTE - COORDINATED WITH: HThompson CPoland PDR l EDO r/f LPDR NMSS Dir. Off. r/f i NRC Central File NMSS r/f IMNS r/f I WTravers MBridgers PTressler DOC NAME: at man edo To receive a copy of s documet indicate in the box, "fs Copy without anachmenWend "E" a Copy with enachmenuend "N" a No copy

• See previoi concurrence /1 op/enoocso/w - - . i s. e /J 4966 i OFC MSB _

b Tech Ed IMNS NAME MMg f mper EKraus DCool v DATE 1/[/99 1/lp/99 1/ /99 il /99 OFC NMSS NMSS EDO OCM NAME MVirgilio CPaperiello WTravers DATE il /99 1/ /99 il /99 1/ /99 OFFICIAL RECORD COPY i}}