ML18346A642

2019 Region III Reciprocity Letter - Illinois Emergency Management Agency, Nuclear Calibration Laboratory

ML18346A642
Person / Time
Site:	15000012
Issue date:	12/11/2018
From:	O'Dowd D NRC/RGN-III
To:	Lommler R Nuclear Calibration Lab
References
Download: ML18346A642 (3)

Text

R3 Reciprocity From: R3 Reciprocity Sent: Tuesday, December 11, 2018 3:44 PM To: Lommler, Bob Cc: R3 Reciprocity

Subject:

NRC RECIPROCITY FOR CALENDAR YEAR 2019 Mr. Robert A. Lommler Radiation Safety Officer Illinois Emergency Management Agency Nuclear Calibration Laboratory 1301 Knotts Street Springfield, IL 62703

SUBJECT:

NRC RECIPROCITY FOR CALENDAR YEAR 2019

Dear Mr. Lommler:

This letter is a reminder that each Agreement State licensee (licensee) seeking to conduct activities under reciprocity in areas of Exclusive Federal jurisdiction, Non-Agreement States, or in offshore waters (reciprocity activities) under the general license established in Title 10 of the Code of Federal Regulations (CFR), Section 150.20, for the first time in a calendar year must submit a request containing certain information to the U.S. Nuclear Regulatory Commission (NRC). This general license authorizes persons holding a specific license from an Agreement State to conduct the same activity in areas of Exclusive Federal jurisdiction, Non-Agreement States, or in offshore waters, if the specific license issued by the Agreement State does not limit the authorized activity to specific locations or facilities.

The authorization that you received in calendar year 2018 to work under reciprocity in NRC jurisdiction will expire on December 31, 2018.

If you request reciprocity under this general license, you must submit: (1) a filled out and signed NRC Form 241, "Report of Proposed Activities in Non-Agreement States, Areas of Exclusive Federal jurisdiction, or Offshore Waters;" (2) a copy of your Agreement State specific license; and (3) the fee specified in 10 CFR 170.31, Item No. 16, as required by 10 CFR 150.20(b)(1). The current fee is $1,800, though this is subject to change. You can either scan and e-mail this information to R3.reciprocity@nrc.gov or fax it to 630-515-1259. The NRC must receive this filing a minimum of 3 days before the licensee engages in reciprocity activities. For your information and use in filing for reciprocity, an electronic version of NRC Form 241 can be found on the NRC's Web site at http://www.nrc.gov/reading-rm/doc-collections/forms/. Please note that documents containing sensitive information transmitted to the NRC must be appropriately marked and protected in accordance with any applicable security requirements. For further information, see RIS 2005-31, "Control of Security-Related Sensitive Unclassified Non-Safeguards Information Handled by Individuals, Firms, and Entities Subject to NRC Regulation of the Use of Source, Byproduct, and Special Nuclear Material," dated December 22, 2005, which can be found on NRC's Generic Communications Web site under Regulatory Issue Summaries at https://www.nrc.gov/reading-rm/doc-collections/gen-comm/

You do not have to obtain positive authorization from the NRC before performing activities requested on an NRC Form 241 that has been submitted to the NRC. If the NRC determines that the form contains omissions or errors, the NRC staff will contact you in an attempt to obtain the correct information. If the discrepancies cannot be resolved and you do not qualify for the general license, the NRC will inform you 1

of this determination and indicate that you have not complied with the requirements of 10 GFR 150.20. In this case, you are not authorized to perform reciprocity activities and must cease any activities that have begun in NRG jurisdiction until the NRG resolves the discrepancies.

An area of Exclusive Federal jurisdiction is an area over which the Federal government exercises legal control without interference from the jurisdiction and administration of State law. If you are proposing to perform licensed activities on Federal property in an Agreement State, you must first determine the jurisdictional status of the area where you plan to work. If you are unsure about jurisdictional status of the work location on Federal land, you should contact the Federal agency that controls the facility where the work is to be performed. A written statement concerning the jurisdictional status is not required to file for reciprocity; however, you should obtain such a statement for reference and inspection purposes.

Under the general license, a general licensee conducting reciprocity activities is limited to a total of 180 days in any calendar year. Reciprocity activities conducted in offshore waters are not subject to the 180-day limit. The NRG tracks reciprocity usage on the basis of approved usage days. The NRG will not approve any activity under the general license that would exceed the 180-day limit. It is important that you track the days of use and submit changes to dates of work, when applicable. Storage of material in NRG jurisdiction is considered a reciprocity activity; days when material is stored and not used count toward the 180-day limit.

Licensees who perform activities using separate Agreement State licenses must submit separate reciprocity requests. For example, if a licensee has separate radiography and service licenses, and performs reciprocity work under both, the licensee must submit a separate NRG Form 241 with evidence of the appropriate fee for the initial filing for each license. The activities under reciprocity will be limited to 180 days separately for each license.

The NRG expects that you will review the information provided on NRG Form 241, as well as the regulations cited in 10 GFR 150.20(b), to ensure that your radiation safety program is in compliance with NRG regulations before conducting reciprocity activities.

If you perform reciprocity activities in NRG jurisdiction, you must conduct these activities in accordance with the conditions specified in your Agreement State license, representations made in NRG Form 241, and other rules, regulations, and orders of the, NRG, now or hereafter in effect. Failure to file NRG Form 241 before performing under reciprocity or failure to comply with these regulations or to conduct your radiation safety program in compliance with NRG regulations while operating under reciprocity may result in NRG enforcement action. Such actions could include the issuance of a notice of violation, imposition of a civil penalty, or an order to take certain actions as described in the NRG Enforcement Policy, which is available on the NRG's Web site at http://www.nrc.gov/aboutnrc/regulatory/enforcement/enforce-pol.html.

Your reciprocity activities in NRG jurisdiction are subject to inspection by NRG personnel. As an Agreement State licensee operating under reciprocity, you must be aware of NRG requirements concerning your activities. Your lack of awareness of NRG requirements and applicable provisions will not prevent the NRG from taking appropriate enforcement action.

The NRG document entitled, "Guidance for Agreement State Licensees About NRG Form 241, 'Report of Proposed Activities in Non-Agreement States, Areas of Exclusive Federal Jurisdiction, or Offshore Waters' and Guidance for NRG Licensees Proposing to Work in Agreement State Jurisdiction (Reciprocity), Final Report (NUREG-1556, Volume 19, Revision 1), contains information intended to provide program-specific guidance and to assist applicants and licensees in meeting the requirements for a general license under 10 GFR 150.20, by describing the types of information needed from the licensee to complete NRG Form 241. This document should be used in preparing requests for NRG Form 241.

(Note that the guidance contained in this document does not represent new or proposed regulatory 2

requirements). The latest version of NUREG-1556, Volume 19, Rev. 1 can be found at the NRC's website at http://www.nrc.gov/reading-rm/doccollections/nuregs/staff/sr1556/v19/#pub-info/.

If you have any questions about the regulations or the application process, please feel free to contact me at 630-829-9573 or by e-mail at R3.reciprocity@nrc.gov.

Dennis P. O'Dowd Health Physicist Materials Inspection Branch Division of Nuclear Materials Safety U.S. Nuclear Regulatory Commission 2443 Warrenville Road Lisle, IL 60532 dennis .odowd@,nrc.gov 630.829.9573 (office) 630.515.1259 (fax)

Docket No. 150-00012 State of Illinois License No. IL-01030-01 3