ML20132D978

Expresses Appreciation for to Chairman Jackson Re Comments on Value of Integrated Matl Performance Evaluation Program

ML20132D978
Person / Time
Issue date:	12/09/1996
From:	Bangart R NRC OFFICE OF STATE PROGRAMS (OSP)
To:	Quillin R COLORADO, STATE OF
Shared Package
ML20132D980	List: ML20132D978 ML20132E000
References
NUDOCS 9612200232
Download: ML20132D978 (7)

Text

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NUCLEAR REGULATORY COMMISSION WASHINGTON. D.C. 20066 4001

%,.....[ December 9, 1996 Mr. Robert M. Ouillin, Chair 1

i l Organization of Agreement States Radiation Control Division l i

Colorado Department of Public Health l

and Environment '

4300 Cherry Creek Drive South (RCD-DO-B1)

Denver, CO 80222-1530 ,

Dear Mr. Ouillin:

Thank you for your letter of October 3,1996, to Chairman Jackson and the expressions of appreciation contained therein. We agree with your comments on the value of the Integrated Materials Performance Evaluation Program (IMPEP), the effectiveness of NRC/ Agreement States Working Groups, and your proposal to invite State representatives of Working Groups to participate in monthly NRC/OAS teleconferences. Your letter alw contains comments and concerns of the Organization of Agreement States (OAS) that are addressed below.

You state that the number one issue is funding for training of Agreement State staff and you included with your letter an OAS resolution on training. This concern was also l

highlighted in the November 14,1995 OAS letter to the Chairman. As the Chairman stated in the December 18 response, this complex issue will be considered as part of the NRC's Strategic Assessment and Rebaselining Initiative. It is covered in Direction Setting Issue (DSI) Paper 4, NRC's Relationship with Agreement States. The evaluation of DSI 4 will consider the OAS resolution and the questions you raise regarding reciprocity fees paid by Agreement State licensees, low-level waste surcharges paid by NRC licensees not supporting low-level waste sites, and fees paid by NRC power reactor licensees in Agreement States.

In response to your request for fee information, the Office of the Controller provided the following information. The NRC collected approximately $454 million in fees in FY 1996.

Approximately $242 million was collected in fees from licensees and applicants having a billing address in Agreement States during FY 1996. Of this amount, approximately $49.6 ,

million was collected in accordance with 10 CFR Part 170 and $192.4 million was collected for annual fees (10 CFR Part 171). Included in the above figures was $225,600

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collected for reciprocity. t';

We are pleased that the OAS participated in the Strategic Assessment and Rebaselining public meetings conducted by NRC. NRC found the October 23,1996, NRC/ Agreement State Regulators' Meeting to discuss selected issue Papers to be particularly beneficial.

l We acknowledge receipt of your October 21,1996, letter transmitting OAS comments on t

the Direction Setting issue Papers.

n-l t ~493 NBC RE CENTER COPY 9612200232 961209 PDR STPRG ESGC 9-o - p

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. J R. M. Ouillin DEC - 91996 in addition, we appreciate receiving comments on proposed rules and policies. The i comments transmitted with your letter that recommend revisions to the Final Policy Statement on Adequacy and Compatibility of Agreement State Programs will be considered as the policy statement is revised for Commission approval. Further, attached to your letter was a unanimous OAS motion that opposed the NRC rulemaking on the Unauthorized Use of Licensed Radioactive Material and requested that it be assigned a division 3 level of compatibility if implemented by the NRC as currently written. The Commission will be informed of your position as they review this rulemaking. l In your letter you question the future commitment of NRC to fund travel of the OAS Executive Board. Based on our analysis, NRC's budget for Fiscal Year 1997 is sufficient to fund Executive Board travel for the same purposes as in prior fiscal years. Any possible deviation from NRC funding of Executive Board travel for the same purposes as in prior years will be addressed on a case-by-case basis.

We look forward to a continued effective working relationship between NRC and the OAS. l We congratulate Roland Fletcher on being selected as the OAS Board ',nair-Elect and note l that we have enjoyed working with you, former Chair Terry Strong, e id all other members of the Executive Board this past year.

' cerely, I

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Richard L. Bangart, Director Office of State Programs cc: Roland Fletcher, Chair-Elect Organization of Agreement States

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

R. M. Ouillin -2 DEC - 91996 In addition, we appreciate receiving comments on proposed rules and policies. The comments transmitted with your letter that recommend revisions to the Final Policy Statement on Adequacy and Compatibility of Agreement State Programs will be considered as the policy statement is revised for Commission approval. Further, attached to your letter was a unanimous OAS motion that opposed the NRC rulemaking on the Unauthorized Use of Licensed Radioactive Material and requested that it be assigned a division 3 level of compatibility if implemented by the NRC as currently written. The Commission will be informed of your position as they review this rulemaking.

In your letter you question the future commitment of NRC to' fund travel of the OAS Executive Board. Based 'on our analysis, NRC's budget for Fiscal Year 1997 is sufficient to 1 fund Executive Board travel for the same purposes as in prior fiscal years. Any possible deviation from NRC funding of Executive Board travel for the same purposes as in prior years will be addressed on a case-by-case basis.

We look forward to a continued effective working relationship between NRC and the OAS.

We congratulate Roland Fletcher on being selected as the OAS Board Chair-Elect and note that we have enjoyed working with you, former Chair Terry Strong, and all other members of the Executive Board this past year.

Sincerely, OriginalSigned By: ,

PAUL H. LOHAUS V Richard L. Bangart, Director I

l Office of State Programs cc: Roland Fletcher, Chair-Elect Organization of Agreement States Distribution:

EDO RF (GT96787) FCameron, OGC ELJordan, AEOD DIR RF DMorrison, RES RMScroggins, OC JMTaylor CPaperiello, NMSS SECY (CRC-96-0953)

HLThompson OSP Staff RLBangart OAS File I PLohaus OC RF '

SDroggitis SNSalomon DCD (SPO1)

LBolling PDR (Yesf) l

DOCUMENT NAME: G:\SNS\GT96787.Syp j ' Seq previous concurrence.

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0FFICE OSP l OS$iE h, OSP:Di([//Myr OC l MDS ,.-

NAME SSalomon:gd:kk:maj PHLohaus12dlM RLBangartv17ff){ RMScroggins HLT!vfngson DATE 11/12/96* 11/12/96* 11/19/96* 11/26/96* f)/q/96 11/22/96* i OSP FILE CODE: SP-0-12 l

R. M. Ouillin In addition, we appreciate receivi comments on proposed rules and policies. The comments transmitted with your let er that recommend revisions to the Final Policy Statement on Adequacy and Compa 'bility of Agreement State Programs will be considered as the policy statement is revised for ommission approval. Further, attached to your letter was a unanimous OAS motion t at opposed the NRC rulemaking on the Unauthorized Use of Licensed Radioac 've Material and requested that it be assigned a division 3 level of compatibility if imple ented by the NRC as currently written. The Commission will be informed of your po ition as they review this rulemaking, in your letter you question the future com itment of NRC to fund travel of the OAS Executive Board. As indicated by our fun ng of Executive Board travel for the October 23-25,1996, NRC/ Agreement Sta e Regulators' Meeting and the Strategic Assessment and Rebaselining public meetin held in Washington, D.C., NRC is committed to fund such travel related to support of NR programs. NRC's budget for Fiscal Year 1997 is sufficient to fund Executive Board tra el for the same purposes as in prior fiscal years.

We look forward to a continued effective workin relationship between NRC and the OAS.

We congratulate Roland Fletcher on being selecte as the OAS Board Chair-Elect and note that we have enjoyed working with you, former C ir Terry Strong, and all other members of the Executive Board this past year.

Sinc rely, Richard . Bangart, Director Office of tate Programs cc: Roland Fletcher, Chair-Elect Organization of Agreement States Distribution:

EDO RF (GT96787) FCameron, OGC EL ordan, AEOD I DIR RF DMorrison, RES R croggins, OC l JMTaylor HLThompson CPaperiello, NMSS OSP Staff Q pcg-@97f3) i RL0angart OAS File PLobaus 00N/F SDroggitis SNSalomon DCD (SPO1)

LBolling PDR (Yesf) Al (

DOCUMENT NAME: G:\GT96787.SNS 'See previous concurrence.

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R. M. Ouillin In addition,' we appreciate receiving commergts on proposed rules and policies. The comments transmitted with your letter that recommend revisions to the Final Policy Statement on Adequacy and Compatibility of \Agreement State Programs will be considered as the ' policy statement is revised for Commis's ion approval. Further, attached to your letter was a unanimous OAS motion that oppolled the NRC rulemaking on the Unauthorized Use of Licensed Radioactive Material and requested that it be assigned a 5 division 3 level of compatibility if implemented by the NRC as currently written. ~ The 'j ,,

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- Commission will be informed of your position as { hey review this rulemaking. ,

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~. *l 9 in your letter _ you question the future commitment g of NRC to fund travel'of the OAS / , (

Executive Board. As indicated by our funding of Ejecutive Board travel for the >,

October 23-25, 1996, NRC/ Agreement State Regulators' Meeting and the' Strategic , e I; [, 1 E

, Assessment and Rebaselining public meeting held ir Washington, D.C.,:NRC is committed *'OO

. to fund such travel related to support of NRC progra(sps. NRC's 4 ga bud p 1997 is sufficient to fund Executive Board travel for the'same purpose.s,as in prior fi, scal ( Qi years.

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- We look forward to a continued effective working relationship betw5en NRC'and the OAS. j 4 i We congratulate Roland Fletcher on being selected as the OAS Board Chair-Ele'ct ahd note ' ~

that we have enjoyed working with you, former Chair Te'r y Strong; and all other members i of the Executive Board this past year. -

i;

• i.

4 4 i Sincerely, 1 l-i Richard L. Bangart, Director Office of State'.Prcgrams cc: Roland Fletcher, Chair-Elect l Organization of Agreement States

.i Distribution:

EDO RF (GT96787) FCameron, OGC

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ELJordan, AEOD 1 DIR RF DMorrison, RES RMScro'ggins, OC i

'JMTaylor HLThompson CPaperiello, NMSS OSP Staff

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SDroggitis 1 SNSalomon DCD (SPO1)

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DOCUMENT NAME: G:\GT96787.SNS 'See previous concurrence. k ,

T3 seeahse e copy of thle document,indsete in the ben: "C' = Copy without ottachment/ enclosure ,*E" = Copy with ettschrnent/enciosore *N' = No copy

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0FFICE- OSP 1 OSP:DD l OSP:D N4l f OC l\ DEDS l }

NAME SSalomon:gd:kk:maj PHLohaus RLBangart N ' RMScroggins \ HLThompson DATE 11/12/96* 11/12/96* 11/19/96* 11/ /96 11/ /96  !

OSP FILE,00DE: SP-0-12 l

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R. M. 'Ouillin 2- i i i he comments transmitted with your letter that recommend revisions to the Final Policy  :

-S ement on Adequacy and Compatibility of Agreement State Programs will be considered > ,

as t icy statement is revised for Commission approval. - /

l in your le you question the future commitment of NRC to fund tiavel of the OAS ) j Executive . As indicated by our funding of Executive Board travel for the * , j ]

October 23 25, 996,- NRC/ Agreement State Regulators' Meeting and the Strategic ' >

' a Assessment and salining public meeting held in Washington, D.C., NRC is committed T to fund such travel r ted to support of NRC programs. NRC's budget for Fiscal Year' I > I 1997 is sufficient to f Executive Board travel for the same purposes'is (n prior fiscal 4 ,J )

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• I , '3'* ,i OAS unanimously approved a m ion attached to your letter that'oppdsed the NHC "',.-

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j rulemaking on 3the assigned a division Unauthorized level of compati ~ ity if Us of Licensed implemented by the NRCRadioactive as curr'entlyMaterial,and writt ',7. it that The Commission will be informed of you osition as they' review this rulem'aking. .

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.. , 4 .

We look forward to a continued effective wo ing relationshp betwee'rf.NRb _and (hb O'AS; We congratulate Roland Fletcher on being selec d as the OAS Board Chair-Elect siid note

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that we have enjoyed working with you, former ir Terry Strong', and all'oth'er' members of ths Executive Board this past year.

n 3 Sincer ,

l

- Richard L. Ban rt, Director i Office of State P grams cc: Roland Fletcher, Chair Elect Organization of Agreement States Distribution:

EDO RF (GT96787) FCameron, OGC ELJordan, AE00 DlR RF DMorrison, RES JMTaylor CPaperiello, NMSS HLThompson OSP Staff RLBangart OAS File PLohaus SDroggitis SNSalomon DCD (SPO1)

LBolling PDR (Yes_f)

DOCUMENT NAME: G:\GT96787.SNS n . .-i. c.c.,,.,, .e,e.. c.c.,, n.-i, . ,

0FFICE OSP OSP:DD l OSP:D/f9l- DEDS I l NAME SSalomon:gd:kk- PHLohaus RLBangartlM d HLThompson DATE 11/12/96* 11/12/96* 11//'1/96 11/ /96 ,

OSP FILE CODE: SSP-0-12 ,

..' R. M.' Ouillin  ;

1

. 1

!*. as the policy statement is revi for Commission approval. ' Please note, however, the l l attached statements from NRC's General Counsel that were made during the August 2, 1993, Hearing Before the Envir ent, Energy, and Natural Resources Subcommittee of -

the House of Representatives Com ittee on Government Operations. -'

in your letter you question the futur commitment of NRC to fund travel of the OAS ~

Executive Board. As indicated by ou funding of Executive Board travel for the'

l. October 23-25,1996, NRC/Agreemen gState Regulators' Meeting and the Strategic /

Assessment and Rebaselining public meeting held in Washington; D C., NRC is committed ' '

j .

! to fund such travel related to support of RC programs. NRC's budget for Fiscal Year , '

1997 is sufficient to fund Executive Board revel for the same purposes as in prior, fiscal </ 7 years. _

/ l ' 1l- ) 4

• l OAS unanimously approved a motion attac to your letter that opposed.the NRC -J rulemaking on the Unauthorized Use of Licens'ed Radioactive' Material and that it bei ,

1 assigned a division 3 level of compatibility if irkomented b.y tho' NRC 0as0j -

cU The Commission will be informed of your positiog as they review this rulernaking. d *? _iG l

Finally, pursuant to our commitment to list actiort item,s from the j996 Annual l Agreement [ l' (* h.[

States Meeting, please find enclosed a listing of 1 items that NRC committed to address. ( V , ,

p You will note that action has already been complet on some items. We welcome the 3 ,r(_

l receipt of any additional items that OAS believes shopld be' added to the listing. "NRC.will ; p ;

periodically provide updates to Agreement States as t actions'are'cornpleted.

~

We look forward to a continued effective working rela nship between NRC and this OAS.

We congratulate Roland Fletcher on being selected as t OAS Board' Chair-Elect and note j that we have enjoyed working with you and other mem rs of the Executive Board this 1 past year. .

s Sincerely, F, 4 a

Richard L. ngart, Director Office of Sta e Programs ,

1

Enclosures:

As stated i cc: Roland Fletcher, Chair-Elect Organization of Agreement States Distribution:

EDO RF (EDO-GT96787) FCameron, OGC

, DlR RF ~ DMorrison, RES JMTaylor CPaperiello, NMSS HLThompson OSP Staff RLBangart - OAS File l

PLohaus j SDroggitis SNSalomon DCD (SPO1) l LBolling PDR (Yesf)

DOCUMENT NAME: G:\GT96787.SNS h va h . , .: ei. m . me m m. m..: -Q chy nhoui .ei.ch ni/.neio.or. r . c.,y wah .ei.ch ni/.neio.u en - u. ,y OFFICE: OSP 57b l -QSP % OGC l OSP:D l \ l NARE SSalomon:gd:kk PHLohat k FXCameron RLBangart \'

DATE 11/ % /96- l'l6/./96 11/ /96 11/ /96 \-

L OSP FILE CODE: SP-0-42 l

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