ML20138C741

Responds to Re NRDC Request for Commission Review of Director & Staff Decisions Denying NRDC 10CFR2.206 Petition Concerning Envirocare of Utah

ML20138C741
Person / Time
Issue date:	04/04/1997
From:	Bangart R NRC OFFICE OF STATE PROGRAMS (OSP)
To:	Carter J AFFILIATION NOT ASSIGNED
Shared Package
ML20138C736	List: ML20138C729 ML20138C741 ML20138C765
References
2.206, NUDOCS 9704300189
Download: ML20138C741 (1)

Text

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Jonathan P. Carter, Esq.

First Interstate Center 877 West Main Street, Suite 610 Boise, Idaho 83702

Dear Mr. Carter:

This is in response to your letter dated March 4,1997 to Hugh L. Thompson, Deputy

. Executive Director for Regulatory Programs, concerning the Natural Resources Defense Council's (NRDC) request for Commission review of the Director and Staff Decisions denying the NRDC 10 CFR Part 2.206 petition regarding Envirocare of Utah, Inc. Enclosed ,

for your information is a March 10,'1997 letter from the Secretary of the Commission '

informing NRDC that the Commission has determined not to undertake a formal review of the Director's Decision in this matter. Also enclosed for your information is a letter to NRDC which addresses the issues raised concerning the Utah Agreement State program.

Sincerely, Orbirial5 pried By RICHARD L BANGART Richard L. Bangart, Director Office of State Programs I i

Enclosures:

As stated cc: W. J. Sinclair, Director Division of Radiation Control Utah Department of Environment Quality ,

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Distribution: I DlR RF a EDO RF (G970146) 'DCD (SP08)

Utah File SECY (CRC-97-0179) PDR (YES v' NO )

DOCUMENT NAME: G:\SCD\ CARTER.SCD /

Ts vocehre a copy of tNo document. Indicate in the boa: "C'[ he 4 anthout attachreent lo ute "E" = Copy with attachmery/ enclosure 'N' = No copy OFFICE 93 OSP l OSf:qhl \pG P OSP:gypf l NAME SCDroggitis:nb PHLohWu f 8 FXCa'm,eron RLBar)galtft DATE 03/[$ /97 03/j h/97 0%/ >797 Off/L//97 l ~ OSP FILI CODE: SP-AG-2hl '

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l Jonathan P. Carter, Esq.

First interstate Center 877 West Main Street, Suite 610 Boise, Idaho 83702

Dear Mr. Carter:

This is in response to your letter dated March 4,1997 to Hugh L. Thompson, Deputy Executive Director for Regulatory Programs, concerning the Natural Resources Defense Council's (NRDC) request for Commission review of the Director and Staff Decisions denying the NRDC 10 CFR Part 2.206 petition regarding Envirocare of Utah, Inc. Enclosed for your information is a March 10,1997 letter from the Secretary of the Commission informing NRDC that the Commission has determined not to undertake a formal review of the Director's Decision in this matter. Also enclosed for your information is a letter to I NRDC which addresses the issues raised concerning the Utah Agreement State program.

Sincerely,

[C f(t $41 #1 Richard L. Bangart, Director Office of State Programs i l

Enclosures:

l As stated cc: W. J. Sinclair, Director I Division of Radiation Control Utah Department of Environmental Quality I

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UNITED STATES DOCKETED E

'o NUCLEAR REGULATORY COMMISSION USNRC WASHINGTON, D.C. 20555-0001

%. # March 10, 1997

% , , , *# W ?!AR 11 As3:14 OFFICE OF THE SECRETARY OFFICE OF SECRETARY 00CKETING & SERVICE BRANCH Dr. Thomas B. Cochran l

Director, Nuclear Program Barbara A. Finamore, Esquire SERVED MAR 1 l 1997

Senior Attomey l Natural Resources Defense Council 1200 New York Avenue, N.W.

Washington, D.C. 20005  !

Re: Director's Decision DD-97-02, Docket

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No. 40-8989 (2.206) i Dear Dr. Cochran and Ms. Finamore. )

l On February 5,1997, the Director of the Office of Nuclear Material Safety and Safeguards l

(NMSS) issued Director's Decision DD-97-02, which addressed the concerns detailed in Dr. Cochran's letter of January 8,1997, submitted on behalf of the Natural Resources Defense l Council. By letter dated February 21,1997, you have requested Commission review of the l Decision of the Director, NMSS.

' NRC regulations provide that, within 25 days after the date of the Director's Decision, the Commission may on its own motion review that decision, in whole or in part, to determine if the director has abused his discretion. Review is at the discretion of the Commission; no individual has the right to such a review. No petition or other request for Commission review of a l

Director's Decision under this section will be entertained by the Commission (See 10 CFR 2.206(c)(2)). Therefore, to the extent that you request that the Commission undertake a formal review of DD-97-02,I deny this request in accordance with my authority under 10 CFR 2.772.

The Commission has determined not to undertake a formal review of the Director's Deci this matter. Accordingly, the decision became final agency action on Mesch 4,1997. However, with respect to the concerns raised in your letter of February 21,1997, regarding Utah's status as an agreement state, your letter has been referred to the NRC staff for consideration and reply.

Sincerely, l

\

ohn C. Hoy e f Se etary of the Commission l

ec: Service List

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UNITED STATES OF AMERICA ,

NUCLEAR REGULATORY C0ftlISSION d

3 In the Matter of ,

ENVIR0 CARE OF UTAH, INC. Docket No.(s) 40-8989-(2.206) i I (License No. SMC-1559) )

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i CERTIFICATE OF SERVICE -l I hereby certify that copies of the foregoing LTR N0YLE TO C0CHRAN--DD-97-02 have been served upon the following persons by U.S. mail, first class, except as otherwise noted and in accordance with the requirements of 10 CFR Sec. 2.712.

l l Jack R. Goldberg, Esq. Charles A. Judd Office of the General Counsel Executive Vice-President 2

1-Mail Stop 15 B18 Envirocare of Utah, Inc.

U.S. Nuclear Regulatory Commission 46 West Broadway, Suite 240 Salt Lake City, UT 84101 Washington, DC 20555 l Thomas 8. Cochran, Ph.D. Mohan C. Thadani

Director, Nuclear Program Office of Nuclear Reactor Regulation l Natural Resources Defense Council, Inc. Mail Stop 0-14 8 21 )

1200 New York Ave., NW, Suite 400 U.S. Nuclear Regulatory Cossaission i Washington, DC 20005 Washington, DC 20555 Carl J. Paperiello, Director Office of Nuclear Material Safety and i Safeguards - Mail Stop T-8 A23 U. S. Nuclear Regulatory Commission l Washington, DC 20555 Dated at Rockville, Md. this 11 day of March 1997 Office of the 56cv4tary of the Commission i

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• UNITED STATES

,4 E NUCLEAR REGULATORY COMMISSION

- U E WASHINGTON. D.C. 20006 4 001 April 4, 1997 Thomas B. Cochran, Ph.D.

Director, Nuclear Program Barbara A. Finamore, Esq. e Senior Attorney Natural Resources Defense Council ,

1200 New York Avenue, N.W., Suite 400 Washington, DC 20005

Dear Dr. Cochran and Ms. Finamore:

This is in response to your letter to the Commission dated February 21,1997. You have been informed in a March 10,1997 letter from John C. Hoyle, Secretary of the Commission, that the Commission has determined not to undertake a formal review of Director's Decision DD-97-02. The purpose of this letter is to address other concerns in your letter regarding the status of Utah's Agreement State program.

Essentially, you indicate that the controversy surrounding the relationship between l Khosrow Semnani, President of Envirocare of Utah, Inc., and Larry F. Anderson, former  ;

Director of the Utah Bureau of Radiation, should cause the NRC to initiate action under Section 274j of the Atomic Energy Act, as amended, to terminate or suspend Utah's Agreement State program. You cite as a basis for this request that this controversy demonstrates that the Utah Agreement State program is not compatible with the NRC's 10 CFR Part O regulations concerning conduct of employees.

Agreement States are not required to have conflict of interest regulations identical to those l in 10 CFR Part 0 to be compatible with NRC's program. Prior NRC program reviews l determined that Utah had conflict of interest requirements. While Utah's rules may not be literally identical to NRC's, there is no indication that the alleged misconduct would have been any less of a breach of Utah's regulations than it would have been of NRC's regulations had NRC been the licensing authority, in any case as a general matter, a violation of an Agreement State's conflict of interest J

regulations by a specific individual does not necessarily warrant NRC initiating the process '

to either suspend or revoke an agreement with a State. If, however, NRC determines that a particular State's administrative rules (e.g., conflict of interest restrictions) may adversely affect radiation safety in that State, NRC will raise such issues with the State and seek to resolve them. In addition to considering a State's rules and procedures, NRC will also consider the conduct of Agreement State officials if it believes that such conduct may be affecting the adequacy of the State's program. The NRC is currently following this approach with the course of events in Utah.

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Thomas B. Cochran, Ph.D. 2- APR - 4 1997 Barbara A. Finamore, Esq.

Your letter further requested that the NRC conduct a new, independent review of Utah's program in light of this information. As stated in the NRC staff evaluation of the NRDC request to suspend the Section 274 agreement with the State of Utah, the staff has ,

determined that it does not have a basis to initiate such action at this time. The criminal I investigation initially undertaken by the Utah State Attorney Generalis now being conducted by the Federal Bureau of Investigation. NRC staff intends to follow this investigation closely. If at any time NRC receives specific information of public health and safety concerns during the conduct of the investigation or upon its completion, or receives such information from other sources, including NRC ongoing Agreement State oversight activities, the staff will evaluate this information and take such action as is warranted. For your information, NRC's Office of Investigations has been provided the information you  ;

have submitted.

4 Sincerely, l

/(kfg M4 )

Richard L. Bangart, Director Office of State Programs W. J. Sinclair, Director cc:

. Division of Radiation Control Utah Department of Environmental Quality l

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EXECUTIVE TASK MANAGEMENT -----

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<<< PRINT SCREEN UPDATE FORM >>>

TASK # - 7E146 DATE- 0 3 /0 6 /9 7 --- , - ,-- - -

MAIL CTRL. - 1997 TASK STARTED - 03/06/97 TASK DUE - 03/19/97 TASK COMPLETED -

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TASK DESCRIPTION - 2/21/97 AND 3/4/97 LTRS-COMMENTS ON DECISION RE NRDC'S

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2.206 PETITION RE ENVIROCARE REQUESTING OFF. - EDO REQUESTER - WITS - 0 FYP - N

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PROG.- PERSON - STAFF LEAD - PROG. AREA -

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STATUS - EDO DUE DATE: 3/31/97 PLANNED ACC. -N LEVEL CODE - 2 cc. Bn pac (hg 7 f G. __ - -

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4 ACTION EDO Principal Correspondence Control PRCM DUE: 03/31/97 EDO CONTROL: G970146 DOC DT:

FINAL REPLY: 02/(21/97 2 letters)& 3/4/97  !

B.- Cochran

{ 'rbara hon.no A. Finamore

'atural Resources Defense Council 2 ronnthan P. Carter i

ttorney for Envirocare

}

tO:  :

1 Commissioners & Thompson FOR SIGNATURE OF : ** GRN ** CRC NO: 97-0179 >

DSB 97-017 Bangart (ESC: ROUTING:

COMMENTS ON DECISION REGARDING NRDC'S 2.206 Callan i PETITION REGARDING ENVIROCARE OF UTAH Jordan  !

AND ISSUES REGARDING UTAH"S STATUS AS AN AGREEMENT Thompson STATE Norry Blaha

. Cyr, OGC ATE: 03/05/97 Goldberg, OGC Paperiello,NMSS -

SIGNED TO: CONTACT: Caputo, OI ,

JKennedy, NRR  ;

_SP _ Bangart Burns, 0GC l

$PECIAL INSTRUCTIONS OR REMARKS:

O REF: G970017 r

$6 I Ag am S

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I OFFICE OF THE SECRETARY

- DOCKETING AND SERVICE BRANCH CONTROL TICKET TICKET NUMBER: DSB-97-017 UTILITY / ENVIROCARE DOCKET ,

FACILITY: OF UTAH, INC NUMBER: 40-8989 (2.206) ,

DOCUMENT TYPE: ADJUDICATORY DOCUMENT TITLE: REQUEST FOR REVIEW OF DIRECTOR AND STAFF DECISION RE DD-97-2 AUTHOR: T. B. COCHRAN AFFILIATION:

REPRESENTING: NATURAL RESOURCES DEFENSE COUNCIL RECIPIENT: COMMISSION

SUBJECT:

REVIEW OF DD-97-2 & UTAH'S AGREEMENT STATE STATUS DOCUMENT DATE: 02/21/97 DOCKET DATE: 03/06/97 CROSS

REFERENCE:

DSB-97-009 (DD-97-02) F ACTION OFFICE: EDO ACTION: DIRECT RESPONSE ACTION DUE: / /

COMMISSION ACTION EXPIRATION DATE: / / l DISTRIBUTION: HOYLE, EDO, OSP, OGC, RECORDS NOTES: REFERRED TO OSP FOR DIRECT RESPONSE PER OGC ADVICE SPECIAL HANDLING- DSB NUMBER:

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