ML20153E994

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Forwards Monthly Significant Intergovernmental Activities & Issues Rept for Mar 1988.Rept Result of Combined Efforts of NRC Regional State Liaison Officers,Regional State Agreement Representatives & Slitp Staff
ML20153E994
Person / Time
Site: Peach Bottom, River Bend, Vermont Yankee, 05000000
Issue date: 04/15/1988
From: Kammerer C
NRC OFFICE OF GOVERNMENTAL & PUBLIC AFFAIRS (GPA)
To: Bernthal, Roberts, Zech
NRC COMMISSION (OCM)
References
NUDOCS 8805100199
Download: ML20153E994 (14)


Text

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[ UNITED STATES

[ o,j NUCLEAR HEGULATORY COMMISSION g E WASHINGTON, D. C. 20555

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' APR 151986 MEMORANDUM FOR: Chairman Zech Comissioner Roberts Comissioner Bernthal Comissioner Carr _

/

Comissioner Rogers FROM: C3riton Kamerer, irector Stats, Local and Indian I rograms Offir,e of Govern and Public Affairs SUPJECT: M0NTHLY SLITP AND REGIONAL REPORT FOR MARCH 1988 The March 1988 Significant Intergovernmental Activities and issues Report is enclosed for your inforn1ation. This Report is the result of the combined efforts of NRC's Regional State Liaison Officers, Regional State Agreement Representatives, and the SLITP staff.

Enclosure:

Significant Intergovernmental Activities and Issues - March 1988 cc: See Distribution List Attached l

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8805100199 080410 l COMMS NRCu PDR ClsRRESPONDENCE PDR 4

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Distribution List for Monthly SLITP/ Regional Report H. Denton, GPA J. Fouchard, PA J. Shea, IP J. Bradburne, CA Y. Stello, EDO W. Parler, OGC S. Chilk, SECY E. Jordan, AEOD H. Thompson, NMSS T. Murley, NRR E. Beckjord, RES W. Russell, ROI J. N. Grace, ROII A. B. Davis, R0111 R. Martin, ROIV J. Martin, ROY F. Brenneman, NRR M. Miller, ROI R. Trojanowski, ROII R. Lickus, R0!II G. Sanborn, 50ly D. Kunihiro, ROY

<3. McGrath, ROI '

R. Woodruff, ROII W. Adam, ROIII R. Doda, ROIV J. Hornor, ROV i

i CONTENTS Page HEA000ARTERS National Conference of State Legislatures 1 Guidance on Technical Assistance Requests frca States and Compacts 1 Meeting with New Jerfey Officials 1 Uranium Mill Tailings Meeting 1 Local Spent Fuel Transportation Issues 2 Low-level Radioactive Waste Disposal in Nebraska 2 National Indian , Nuclear Waste Policy Committee Meeting 2 REGION I KARYLAND Peach Bottom Briefing for Senior State Officials 2 MASSACHUSETTS Comeenwealth Request for Agreement with NRC for Inspection Accompaniment 3 NEW HAMPSHIRE Follow-up Visit Concerning Status of Agreement State Program 3 PENNSYLVANIA low Level Waste Advisory Committee 4 .

Peach Bottom Briefing for Governor's Task Force 4 VERMON1 State Interest in Status _of Vermont , Yankee 4

CONTENTS (continued)

Page REGION II

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FLORIDA Meeting with Florida Officials 5 REGION III ILLINOIS State Official Resians 5 General Instrument Corp. 5 IOWA Emergency Preparedness 5 MINNESOTA Meetings with local Officials 6 OHIO University of Toledo 6 1

Meeting with Local Officials 7 REGION IV ,

ARKANSAS Emergency Planning Petition 7 Deputy Regional Adminictrator Visit 7 IDAHO Radiation Control Program Review 7 J ,

KANSAS Commissioner Carr's Meeting with State Officials 7 1

Legislative Proposais 8

CONTENTS (continued)

Page TEXAS PUC Action on River Bend Rate Case 8 REGION Y CAlfFORNIA Meeting with SMUD and County Officials 8 US Ecology Selects Proposed low-level Waste Disposal Site 9 OREGON Meeting with Oregon Department of Energy Officials 9 i

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HEADQUARTERS National Conference of State Legislatures The Energy Committee of the National Conference of State Legislatures met to discuss NRC reoraanization proposals on March 25, 1988 at the State-Federal Assembly in Crystal City, Virginia. The Committee held a panel discussion with James Curtiss of the Senate Subcommittee on Nuclear Regulation; Herbert Brown, Kirkpatri:k and Lockhart; and Joe Kelliher of the American Nuclear Energy Council to discuss NRC reorganization proposals. After the panel discussion, the Energy Comittee unanimously adopted a policy position which urges Congress to adopt legislation to replace the Comission with a single administrator. The Committee also adopted policies concerning standardization and high-level and low-level radioactive waste. Theie policies were adopted by the State-Federal Assembly on March 26, 1988.

Guidance on Technical Assistance Requests from States and Compacts On January 22, 1986 the NRC issued guidance to States and Compacts on the availability of NRC regulatory assistance and the nature of such assistance.

State, local and Indian Tribe Programs (SLITP) is providing further infortnation concerning the scope and extent of technical assistance which can be expected from NRC. SLITP and the Division of Low-level Waste Management and Decomissioning, Office of Nuclear Material Safety and Safeguards (NMSS), have developed internal NRC guidelines for technical assistance for States. A copy of these guidelines was sent to all Agreement and Non-Agreerrent State Radiation Control Program Directors, State Liaison Officers (SLO's), and Compacts on March 28, 1988.

The guidelines will be discussed with Compact and State officials at the low-level Waste Forum on April 18, 1988 in Charleston, South Carolina.

Meetino with New Jersey Officials David Scott, Chief of the New Jersey Bureau of Nuclear Engineering, and

'nembers of his staff met with representatives of the Office of Nuclear Reactor Regulation (NRP) and SLITP on March 7, 1988 to discuss matters related to New Jersey's monitoring of aethities at commercial nuclear plant sites in New Jersey. Topics included the structure of the State's radiation protection program, the New Jersey environmental monitoring network around plant sites, and Bureau of Nuclear Enoineering interactions with utility and NRC personnel.

-Uranium Mill Tailings Meeting  ;

1 On March 17, 1988 SLITP held a meeting in Region IV's offices with certain Agreement States and NRC staff to discuss "' technical, legal, and policy issues involving the disposal of various u u;gories of materials associated with uranium processing activities in mill tailings piles. The issues were raised by Texas and the Uranium Recovery Field Office as matters needing resolution. Participants included representatives from SLITP, the Office of the Genercl Counsel (OGC), NMSS, Region IV, and the States of Texas, Utah, Washington, and Colorado.

Local Spent Fuel Transportation issues Stephen Salomen, SLITP, met with Clark County, Nevada, planning coordinator, Dennis Bechtel, to discuss local issues with regard to spent fuel transportation to the Yucca Mountain high-level radioactive waste repository. The meeting, which took place at White Flint, Rockville, Maryland, on March 3, 1988, included representatives of NMSS and OGC. Major issues addressed included routing State rotification of shipments, safeguards, emergency response planning, and certification of cask design. NRC's role in the review of the Environmental Impact Statement that will be prepared by the Department of Energy and the results of the recently completed modal study were discussed.

Mr. Bechtel invited NRC to participate in a briefing before the State, Local and Indian Tribe Steering Committee which will be addressing transportation impacts in Nevada.

_ Low-Level Radioactive Waste Disposal in Nebras_k_a_

A five-person team of Nebraska Natural Resources District managers was briefed by SLITP and NMSS staff at White Flint on March 10, 1988 on subjects pertinent to the disposal of Iw-level radioactive waste. The managers, who have State statutory authority to protect resources, such as groundwater, have an interest since Nebraska was recently designated as host State for the Central Low-level Radioactive Waste Compact. Of most interest to the managers were the Agreement State Program, NRC's technical guidance for alternative disposal technologies, the French earth-mounded concrete bunker, and the preposed Canadian below-ground vault.

National Indian Nuclear Waste Policy Conrnittee Meetina On March 3, 1988 Rosetta Virgilio, SLITP, and rancis X. Cameron, OGC, attended the National Congress of Awrican Indians' (NCA1) National Indian Nuclear Waste Policy Committee (NINWPC) meeting held in Washingtcri, D.C. The Chairman of the Nez Perce Tribe, the Tribe's legal counsel, and representatives from the Department of Energy (DOE), the Department of Commerce, and the League of Women Voters were also in attendance. Agenda items included DOE and NRC high-level waste activities, including the recent petition from NCAI requesting admission

  • the Licensing Support System (LSS) Advisory Conunittee in order to represent American Indian Tribes located in Nevada and transportation of high-level radioactive waste.

REGION I MARYLAND ,

Peach Bottom Briefina for Senior State Officials l On March 22, 1988 William Russell, Regional Administrator, and Marie Miller, Regional State liaison Officer (RSLO), met in Annapolis, Maryland with senior  !

State officials including Dr. Torrey Brown, Secretary of the Department of Natural Resources, and Martin Walsh, Secretary of the Department of Environment.

The meeting was held to discuss the status of Peach Bottom and Calvert Cliffs.

Most of the meeting focused on issues related to Peach Bottom identified in Governor Schaefer's letter to Chairman Zech dated February 12, 1988 and the concerns expressed by the Governor during the NRC staff briefing of the Maryland Congressional Delegation on February 4, 1988. The staff's approach to the review of the Philadelphia Electric Company's (PEco) restart plan and the mechanisms available for State participation were discussed. Toward th- end of the meeting, the discussion shifted to Calvert Cliffs and the staff's concerns regsrding declining utility performance.

The State has agreed to sponsor a public meeting in conjunction with NRC staff to receive coments on the PECo Restart Plan. This meeting has been scheduled for May 11, 1988 from 7:00 p.m. to 9:00 p.m. at the North Harford High School.

MASSACHUSETTS Comonwealth Request for Aareement with NRC for Inspection Accompaniment On March 1,1988, Charles Barry, SLO for Massachusetts, submitted a draf t protocol for observation by the Comonwealth of Massachusetts in NRC safety inspections at Vermont Yankee, Yankee Rowe, and Pilgrim Nuclear Power Stations.

On March 18, 1988, William Russell responded that at this time NRC could not establish the standing agreement Massachusetts proposed because NRC is currently evaluating its policy to assure NRC implements uniform procedures and criteria regarding cooperative activities with States. Until this policy is established, a verbal request from the SLO to Region I for observation by one State rerresenta-tive at a specific NRC inspection will be evaluated on a case-by-case basis.

NEW HAMPSHIRE Follow-up Visit Concernino Status of Agreement State Proaram On March 28-31, 1988, John McGrath, Regional State Agreements Representative (RSAR), and Cardelia Maupin, SLITP, visited the State of New Hampshire to evaluate the State's progress in their plan to rectify significant deficiencies in certain broad licenses issued by the Stete. As a result of a previous review, the State submitted a detailed plan and timetable for addressing the deficiencies. Although we believe that the State understands the nature of the deficiencies and what needs to be done to correct the problems, the State does not have the resources to devote to the problems at present due to intensive emergency planning activities at the Seabrook nuclear facility.

A letter will be sent to the State Health Officer calling these problems to his attention.

The NRC staff also met with State personnel responsible for the State's 4 policies and plans to meet the requirements of the Low-level Waste Policy Amendments Act. The State has drafted a letter to the Rocky Mountain Compa a petitioning them for access under contract to the Compact. The contract would cover non-reactor waste. The State has also considets storage as an option for New Hampshire, and the NRC staff discussed the pros and cons of storage and recomended that the State prepare a more detailed options paper covering all contingencies and consequences.

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-4 PENNSYLVANIA low level Waste Advisory Committee On March 8 and 9, 1988, the Low Level Waste Advisory Committee tc the State Department of Environmental Resources held its first meeting since passage of the State's low level waste legislation. The purpose of the meeting was to discuss administrative and organizational matters and to review and provide comnents on the draft regulations and request for proposal (RFP) developed by the State's contractor, Roy F. Weston, Inc. In addition to receiving input from the Committee, the Department invited industry representatives to review the draft RFP and regulations and provide comments to the Department and the Committee. Of the five companies represented, two indicated that they would definitely not be bidding for the contract. While the other three representa-tives could not make a commitment for their companies, they believed that it was unlikely their companies would be presenting bids.

The reasons given for the negative reaction by the companies were primarily related to the financial liability aspects of the regulatory requirements and the RFP. None of toe companies expressed any reservations concerning their ability to comply with the technical aspects of the regulatory reouirements.

Peach Bottom Briefino for Governor's Task Force On March 29, 1988, a meeting was held at the Finance Office Building in Harrisburg, Pennsylvania with the Governor's Internal Review Group for Peach Bottom. William Russell, and Marie Miller. The meeting was held to discuss the status of Peach Bottom and some of the issues identified in Governor Casey's letter to Chairman Zech dated February 4,1988. Most of the meeting focused on the staff's approach of the review of the PECo restart plan and the mechanisms available for State participation.

VERPONT State Interest in Status of Vermont Yankee On February 25, 1988, Governor Kunin requested a meeting between appropriate NRC staff and Vermont officials to discuss proposals by the Vermont Yankee Nuclear Power facility to change two surveillance testing schedules. In response to this request, a technical meeting between NRR and the State Nuclear Engineer was held on March 15, 1988 which concluded with a commitment to forward additional information to the State when it is received from the licensee.

On March 21, 1988, Governor Kunin requested a second meeting between Thomas Murley, Director, NRR, and herself to discuss the recent proposed technical specification changes and overall plant performance. Gerald Tarrant, the Vermont SLO, indicated that the Governor wants ta be assured that Vermont Yankee is continuing an upward trend in plant performance and that NRC is closely examining Vermont Yankee. This meeting is being coordinated by Marie Miller.

5-REGION II Florida Meetino with Florida Officials Richard Woodruff, Region II RSAR, accompanied by Beth Hayden, Office of Governmental and Public Affairs, conducted a mid-cycle review of the Florida Radiation Control Program in Tallahassee, Florida, on March 29-31, 1988.

The State continues to make progress in all areas of the program. Officials from the Florida Department of Health and Rehabilitative Services were also briefed on the State Agreements Program and the status of the Florida Program.

REGION III ILLINOIS State Official Resigns Charles D. Jones, Director of Illinois' Emergency Services and Disaster Agency for the last three years, announced his resignation from State government.

Mr. Jones' resignation was effective April 1,1988.

General Instrument Corporation General Instrument Corporation, a manufacturing and exempt-distribution licensee, was found to have widespread low-level contamination in a portion of its tacility during the course of a routine inspection by the Illinois Department ,

of Nuclear Safety (IDNS). The licensee manufactures surge arrestors containing  !

microcurie quantities of cesium-137, nickel-63 and krypton-85. The lie.ensee has hired a consultant to assess the need for further decontamination efforts. l Analysis of the product samples thus far by IDNS indicates no contaminated product. Region III has offered to assist IDNS in analysis of the contaminated areas of the facility.

1 IOWA ,

i gergencyPreparedness i

A letter dated March 30, 1988 was sent to the NRC from the Federal Emergency .

l Management Agency (FEMA) relative to the state of off-site preparedness for  ;

the Duane Arnold Energy Center. FEMA informed the NRC that it "can no longer ,

detemine that there is reasonable assurance that the offsite radiological i emergency plan (for Duane Arnold) is adequate to protect the health and safety of the public in the event of an accident at the site." The notification sets out a timetable for correction of the inadequacies agreed to by FEMA, the State of Iowa, and the licensee. The schedule nrovides adequate time for FEMA review prior to the September 1988 emergency exercise, l

A FEMA review of off-site planning for Duane Arnold in February 1987 revealed that areas of the cities of Cedar Rapids and Marion, Iowa beyond the identified 10-mile Emergency Planning Zone (EPZ) were not included in the off-site emergency planning effort. As a result of this expansion of the EPZ, the Iowa Disaster Services Division was notified on April 9,1987 that planning deficiencies existed. Iowa submitted corrected plans to FEMA for review on December 31, 1987.

On March 16, 1988 FEMA issued a memorandum to the State listing 56 deficiencies, 18 of which (along with other deficiencies identified in letters from FEMA to the State of Iowa on February 16 and March 7, 1988) impact public health and safety and form the basis for FEMA's finding. FEMA claims that the State and Linn County had sufficient time to correct the inadequacies and complete satisfactory revisions in the plan.

Region III contacted the State of Iowa on March 31, 1988. State officials informed Region III that the State plans to work with FEMA and the utility to resolve the identified problems.

FINNES0TA Meetinos with local Officials On March 3,1988, Region III officials met with local officials near the Monticello Nuclear Power Plant and on March 10, 1988 met with local officials near the Prairie Island Nuclear Power Plant. These meetings were the first conducted according to revised Pegional Procedure 0951. This procedure calls for Region III management meetings with local public officials in conjunction with SALP meetings to discuss NRC's program for regulating nuclear power plants.

The meetings were generally cordial. After brief presentations by Region III staff, questions were received from the audience.

i OHIO  :

University of Toledo l As the result of a routine inspection by Region III personnel en January 28 and 29, 1988, NRC discovered that several sealed sources were being stored in a crawl space of the engineering sciences building at the University of Toledo. No information was available at the time of inspection concerning these sources. The inspector recomended, and the licensee undertook, a comprehensive health physics evaluation of the area prior to entering the crawl space. On March 1, 1988, the survey results showed gross alpha '

contamination throughout the crawl space area. The sealed so.:rces located in the crawl space were detemined to be radium-226 and cobalt-60. All contamination was identified as radium-226 associated. The State of Ohio l inspected the facility on March 14, 1988. Both Ohio and NRC have issued  !

violations as a result of this case and continue to coordinate efforts i relative to future action to resolve program deficiencies.

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l Meeting with Local Officials On March 30, 1988, A. Bert Davis, Regional Administrater, and other Region III officials met with local officials near the Davis-Besse Nuclear Power Plant in Port Clinton, Ohio. The meeting was held in conjunction with the Davis-Besse sal.P meeting and was for the purpose of discussing NRC's program for regulating nuclear power plants and encouraging dialogue with local public officials.

REGION IV ARKANSAS Emergency Planning Petition FEMA's Region VI office completed its review of alleged inadequacies in Arkansas' State and local emergency plans and reported that the plans were adequate in all respects. On March 15, 1988, NRC Region IV wrote Mr. Jim Wood, who had petitioned NRC, and informed him that the agency had no basis fur taking action on his petition. The petition dealt with alleged inadequacies in evacuation routes curing adverse weather conditions. FEMA has scheduled a meetinu with Mr. Wood on May 5,1988 in Logan County, Arkansas, to discuss his concerns.

Deputy Regional Administrator Visit On March 22, 1988 in conjunction with Region IV's participation in an Arkansas Nuclear One emergency exercise, John Montgomery, Deputy Regionai Administrator, met with Greta Dicus, the Director of Arkansas' division of Radiation Control and Emergency Management Programs. They discussed the aforementioned emergency planning petition, Arkansas' radiation :ontrol program staffing, and emergency response concepts.

I9AHO Radiation Control Prooram Review Robert Doda, RSAR, was in Boise, Idaho on February 29 and March 1, 1988 to assess the status of the Idaho radiation control program in light of significant staffing problems. Although he found the State's licensing program reasonably current, no routine inspactions had been done since October 2, 1987, although considerable effort was expended by the State with Region IV i sistance to survey 3M static eliminator users. NPC is planning to provide training for a new staff member who was hired in mid-March and plans to monitor the conduct of the State's program closely as additional staffing is completed.

KANSAS Comissioner Carr's Meeting with State Officials On March 8,1988 Comissioner Carr, in conjunction with a visit to the Wolf Creek plant, met in Topeka, Kansas, with Governor Mike Hayden, Secretary of Fealth and Environment Stanley Grant, Kansas Corporation Comission Chainnan Keith Henley, and other officials from the Department of Health and Environment.

The subjects discussed included NRC's reaction to recent problems at Wolf Creek, a proposed bill in the Kansas legislature to appoint a State nuc11ar safety engineer, low-level waste, and emergency planning.

Legislative Proposals A bill to appoint a State nuclear safety engineer (House Bill 2936) remained in ecmittee and, accordino to State officials, stood little chance of emerging prior to the completion of the State's legislative session in early April. Meanwhile, another bill related to nuclear matters was introduced by the Comittee on Federal and State Affairs (Senate Bill 730).

This bill would require the Department of Health and Environment to adopt standards pertaining to the emission of "radioactive gasses and other pollutants" from the Wolf Creek nuclear power plant. The bill also would require the Department to cooperate with the National Institutes of Health in its studies regarding the health consequences of the operation of nuclear power plants and conduct similar studies in nine counties surrounding the Wolf Creek plant.

TEXAS PUC Action on River Bend Rate Case On March 30, 1988 the Public Utility Comission (PUC) granted Gulf States Utilities Company (GSU) a $22.5-million emergency rate increase while the Company's River Bend-related rate case remains pending. The latest increase, coupled with an earlier emergency increase, brings to $62.4 million in interim rate increases granted to GSU by Texas regulators. The PVC has rioved its deadline for taking final action in this case until May 16, 1988. (In Louisiana, GSU's appeal of the State Public Service Commission's River Bend-related rate decisions is pending in the State courts.)

REGION V CALIFORNIA Meeting with SrfUD and County Officials On March 31, 1988, Ross Scarano, Director, Division of Radiation Safety and Safeguards, and selected regional staff attended a meeting between Sacramento Municipal Utility District (SMUD) and off-site jurisdiction representatives.

Represented were Amador Sacramento, and San Juaquin Counties, and the California Office of Emergency Services. The purpose of the meeting was to discuss off-site jurisdictional concerns about the nature of the Unusual Event declared at the Rancho Seco facility on March 15, 1988. These concerns appear to have resulted from inadequate communications between SMUD and'the off-site jurisdictions after the event had terminated. The senior SMUD official assured the counties oTTRUD's comitment to keep them thoroughly informed about significant events concerning Rancho Seco. He also comitted to instituting procedures that would minimize the recurrence of similar comunications problems in the future.

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01EcologySelectsProposedlow-levelWastaDisposalSite US Ecology has selected a site in the Ward Valley, 25 miles west of Needles, California, as the proposed location for California's low-level radioactive waste disposal facility. US Ecology's decision sas delayed pending receipt of guidance from the California Department of Health Services (DHS) regarding desert tortoise concerns. DHS, the State agreenent agency responsible for coordinating environmental reviews and licensing the project, informed US Ecology that potential adver:e impacts on the desert tortoise in the relatively small area involved should not override public health and safety factors. The Department concurred in US Ecology's conclusion that the Ward Valley site is technically superior to other sites examined and expressed plans to identify and require mitigation and compensation measures necessary to protect the desert tortoise.

In-depth investigstion of the Ward Valley site will now intensify to support preparation of a Proponents Environmental Assessment and a License Application.

A Local Citizens Comittee Established for that site will be invited to continue working with US Ecology to help ensure that local concerns are addressed in the development proposal. US Ecology anticipates applying for a license about a year from now with the intent to cons'ruct the site and begin accepting waste in 1990.

OREGON Meetina with Oregon Department of Eneray Officials On March 29, 1988, Dean Kunihiro, RSLO, and Raymond Fish, Chief Emergency Preparedness Section met with Oregon Department of Energy (ODOE) representa-tives to discuss emergency response related issues. Among other things, ODOE expressed their desire to have NRC staff participate in as many exercises as possible. This '!ouest stems from their perception that presence of NRC staff during an accident would have a sigr.ificant impact on response activities of the State, including additional coordination considerations that are not nonnally encountered during exercises involving only the utility and local jurisdictions. They also conveyed their intent to actively participate in the Joint Information Center located in St. Helens, Oregon.

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