ML20199E264

Ack Receipt of Re Recent Annual Meeting of Agreement States in Los Angeles,Ca & Discusses Issue Raised Re Proposal of Company to Use Multiple Exempt Sources in Gauging Device.Record Copy

ML20199E264
Person / Time
Issue date:	01/12/1998
From:	Shirley Ann Jackson, The Chairman NRC COMMISSION (OCM)
To:	Quillin R ORGANIZATION OF AGREEMENT STATES
References
NUDOCS 9802020117
Download: ML20199E264 (6)

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• January 12, 1998 cHAmMAN

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Mr. Robert M. Oulilin, Chair .

Organization of Agreement States Department of Public Health and Environment 8100 Lowry Boulevard Denver, Colorado 80220 6928

Dear Mr. Oulllin:

Thank you for your November 21,1997 letter regarding the recent Annual Meeting of the Agreement States in Los Angeles, Califomia. We were pleased to leam that this year's meeting was successfulin achieving the Organization of Agreement States (OAS) goal of focusing on exploring solutions to the mutual problems that we face in today's ever changing govemmental i

and regulatory environment. The NRC found the meeting to be very usofulin working I cooperatively to identify solutions to these problems.

You raised an issue conceming a proposal of a company to use multiple exempt sources in a gauging device. This issue had previously Lwn brought to our attention by Donald Flater of the State of Iowa and others. The NRC staff is consulting with the Office of the General Counsel to determine wheiher a person may possess and use a device that incorporates multiple sources, each containing amounts of radioactive materialless than the activities listed in 10 CFR 30.71, under the exemption provid9d in 10 CFR 30.18. Once NRC has determined the applicability of 10 CFR 30.18 and the status of persons using materials in this manner, NRC will notify you and the other Agreement States.

Your letter included a copy of the resolution unanimously adopted by the OAS recommending that Agreement States not be required to adopt rules, compatible with the NRC conflict of interest / ethics / disclosure regulations. The views expressed in the resolution will be considered by the staff in developing its final recommendations to the Commitslon on this matter.

You also noted an increasing ditficulty in finding Agreement State volunteers to participate in loint NRC/ Agreement State activities because of limitations in Agreement State resources. You requested that the OAS Executive Board and the NRC Office of State Programs establish a method of prioritizing participation to ensure optimum use of the available resources. NRC will 1/

be ple tsed to work with you and the other OAS leadership .n that regard. Mr. Richerd L.

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Bangart, Director, Office of State Programs, will be your contact for this matter.

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We would like to take this opportunity to thank you for your leadership over the past year. The staff o' the NRC and tne Commission has enjoyed working with you and look forward to continuing in this spirit of cooperation with Mr. Fletcher and the other members of the OAS Executive Board in constructively addressing issues before the Agreement States and the NRC.

Sincerely, ,

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Shirley Ann Jackson cc: Roland G. Fletcher Maryland Department of the Environment Stanley R. Marshall Nevada Department of Humen Resources -

Richard A. Ratliff, P.E.

Texas Depanment of Health 1

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Mr. Robert M. Quillin I would like to tak ,this opportunity to thank you fo our leadership over the past year. The staff of the NRC arid I have enjoyed working wi you and look forward to continuing in this spirit of cooperationhith Mr. Fletcher and th . other members of the OAS Executive Board in constructively address g the issues and ,oblems before the Agreement States and the NRC.

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Sincerely,

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/ Shirley Ann Jackson cc: Roland G, Fletcher

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Maryland De artment of the E ironment Stanley R./Aarshall Nevada Department of Human Res urces Richard A. Ratliff, P.E.

Texas. Department of Health i

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Distribution:

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EDO RF (G970829)

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iOAS File DOCUMENT NAME: G:\ RESPONSE.OAS *See Previous Concurrence To receive a cop ' of thle document. Ind6cate in the bar: *C" e Copy without attachmenvencidnure agae Copw wtth attachment / enclosure *N" a No copy OFFICE OSP l OSP:DD OSP;D/L l,( DEDR_ EpOft OCM NAME SCDroggitis:gd/nb PHLohaus RLBengart HL%Efhpson LJCallW' SAJackson DATE 12/05/97

• 12/05/97

• 12//2/97 12/ 6 /97 12/l1/97 01/12./97 OSP FILE CODE: SP-O-12

l Mr. Robert M. Quillin  !

I would like to take this opportunity to thank you for your leadership over the past ar. I have enjoyed working with you and look forward to continuing in this spirit of cooper - n with i Mr. Fle'.cher and the other members of the OAS Executive Board in constru ely addressing the issues and problems before the Agreement States and the NRC.

Sincerely, Richard L Bang , Director Office of State rograms cc: Roland Fletcher Stanley Marshall Richard Rat!iff Distribut!on: Q/ /p p DIR RF NE829) DCD (SP03) D D(f / \#I i LBollir)d OAS File PDR (YES/) '

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DOCUMEh7 NAME:

To receive e top ' of this G:Indicate document, RESPONSE.OAgMeht in.'he box: "C" e i

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NAME SCDroggitis:gd/nb PHLoh161@ RLBangart DATE 12/6/97 126 /97 12/ /97 OSP FILE CODE: SP O-12

.,8 E ACTION EDO Principal Correspondence Control

' FROM: DUE: / / EDO CONTROL: G970829 DOC DT 11/21/97 FINAL REPLY:

R:bart M. Quillin Org2nization of Agreement States TO:

Chairman Jackson FOR SIGNATURE OF : ** GRN **

CRC NO: 97-1131 DESC -

ROUTINGt ANNUAL MEETING OF THE AGREEMENT STATES AND THE US NRC Callan Thadani Thompson Norry Blaha Burns DATE: 11/26/97 Cyr, OGC ASSIGNED tot CONTACTt SP Bangart SPECIAL INSTRUCTIONS OR REMARKS:

For Appropriate Action.

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OFF2CE OF THE SECRETARY

, c0RRESPONDENCE CONTROL TICKET PAPER NUMBER: CRC-97-1131 LOGGING DATE: Nov 25 97 ACTION OPPICE: EDO I

AUTHOR: ROBERT QUILLIN )

AFFILIATION: COLORADO '

ADDPESSEE: CHAIRMAN JACXSON-LETTER DATE: Nov 21 97 ' FILE CODE: IDR 15 i

SUBJECT:

ANNUAL MEETING OF THE AGREEMENT STATES AND THE U.P.. l NUCLEAR REGULATORY COMMISSION i ACTION: Appropriate  :

DISTRIBUTION: CHAIRMAN, RF  !

SPECIAL HANDLING: NONE i

! CONSTITUENT:

NOTES:

DATE DUE:

SIGNATURE: .

DATE SIGNED:

AFFILIATION:

1 EDO -- G970829

, OA S l

Organise9on of Agrooment states

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l Robert Quillin, Chalt Roland Fletcher, Chalt Elect !

Richard A. Ratliff, P.E., Past Chair Thomas Hill, Secretary l 1

November 21,1997 The Honorable Shirley Jackson Chairman U.S. Nuclear Regulatory Commission Washington, D.C. 20555

Dear Chairman Jackson:

Each year, after the Annual Meeting of the Agreement States and the U.S. Nuclear Regulatory Commission (NRC), the Chair of the Organization of Agreement States (OAS) corresponds with th, NRC on the actions taken at the meeting. I am pleased to report that this year's meeting was successful in achieving the goal the OAS had for the session. This goal was to focus on exploring solutions to the mutual problems we, face in today's ever changing governmental and regulatory environment. In that regard we appreciate that you personally took the time to meet with us to discuss a number of the issues specifically fecing the NRC today. Your comments were apprecia':d and helped to set the tone of the meeting.

This year's Agreement States Meeting involved a number of firsts. It was the first meeting where State travel was funded by the States. It was the first meeting where a State sponsored and supported the meeting. And it was also the first meeting where the States and the NRC jointly identified topics and speakers for those topics.

An issue currently facing both the NRC and the Agreement States is that of gauges utilizing multiple, individually exempt, radioactive sources. The proposal of a company to use inultiple, exempt sources appears to take advantage of a loophole in NRC regulations and in many State regulations. While this particular proposal appears to be still in the developmental stage, it needs to be examined in depth to casure that public health and safety are achieved. Should this concept meet current regulatory criteria

- and be technologi: ally feasible, the approach could possibly be used in other applications. We understand NRC staff is currently reviewing this issue. .We would be happy to support the NRC in the examination of the issue.

' An issue discussed at length was that of State conflict of interest and ethics policies and whether the

- NRC should include Agreement States in the NRC regulatory requirements. At the conclusion of the

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, The lionorable Shirley Jackson November 21,1997 Page 2 discussion a resolution was unanimously adopted recommending that Agreement States not be required to adopt rules compatible with the NRC conflict ofinterest/ ethics / disclosure regulations. A copy of that Resolution is attached.

During the meeting there were several discussions concerning the participation of State personnel on NRC teams and task groups, e.g. IMPEP teams, guidance document an and red review teams, compatibility, training, etc. In most cases States have found their participation on such teams and task groups to be beneficial and I trust the NRC has also found Sta" participation to be beneficial.

Ilowever, both the NRC and the States face resource limitations. The States wish to contribute and participate in these ongoing activities, but our resources are limited. I have noted an increasing

- difficulty in finding volunteers to participate in all of the NRC's future, planned activities where State participation has been requested. I would request that the OAS Executive Board and the NRC's Office of State Programs set up a method of prioritizing such participation tn ensure optimum use of the resources available.

In our Business Meeting, Stan Marshall of Nevada was elected Chairman Elect and Richard Ratliff of Texas was elected Secretary. Both terms becorae effective January 1,1998. In addition, those State members who had completed their service on IMPEP teams were recognized, as was Eddie Fuente of -

Mississippi for his past contributions to the OAS. The State of Tennessee volunteered to conduct a survey of Agreement State radiation control programs similar to that conducted by Texas several years ago.

Finally, I would like to thank Chip Cameron of OGC and Lloyd Bolling of OSP for their efforts in working with me to develop the program for this meeting and for Chip's additional role as facilitator for the meeting. Both contributed greatly to the meeting's success.

, Sincerely, Robert M. Quillin, Chair Organization of Agreement States Enc: Resolution Re: Ethics ef: Agreement States Ohio Oklahoma Pennsylvania

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Organlaation of Agreement States Robert Quillin, Chair Roland Fletcher, Chair Elect Richard A. Ratliff P.E., Past Chair Thomas 11111 Secretary RESOLUTION REGARDING CONFLICT OF INTEREST WHEREAS the NRC has found through a preliminary survey that most Agreement States have conflict of interest / ethics / disclosure laws in place; and WHEREAS the Organization of Agreement States (OAS) discussed this subject in detail at the 1997 OAS meeting and all problems identified were addressed by the scope of existing Agreement State conflict of interest / ethics / disclosure laws, THEREFORE BE IT RESOLVED that the OAS recommends that NRC take no further actica regarding conflict of interest / ethics / disclosure compatibility issues; and BE IT FURTHER RESOLVED that the OAS recommends to NRC that Agreement States not be required to adopt compatible conflict of interest / ethics / disclosure requirements.

Adopted this 18th day of October,1997, t I m

Chair, Organization of Agreement States f

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