ML20236K603
| ML20236K603 | |
| Person / Time | |
|---|---|
| Issue date: | 06/18/1998 |
| From: | Bangart R NRC OFFICE OF STATE PROGRAMS (OSP) |
| To: | Suppes R OHIO, STATE OF |
| Shared Package | |
| ML20236K605 | List: |
| References | |
| NUDOCS 9807100005 | |
| Download: ML20236K603 (5) | |
Text
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g y & UNITED STATES s j NUCLEAR REGULATORY COMMISSION
$ # WASHINGTON, D.C. 20665 4001
%*****/ June 18,1998 l
Mr. Roger L. Suppes, Chief Bureau of Radiation Protection Ohio Department of Health 35 East Chestnut Street Columbus, OH 43215-0118
Dear Mr. Suppes:
During the review of your draft request by Ohio Governor Voinovich for an Agreement between the Nuclear Regulatory Commission (NRC) and the State of Ohio, NRC staff has identified two major issues. These are: (1) the definition of the term " decommissioning" in Ohio law, and a provision of Ohio law which prohibits disposal of certain radioactive wastes at an unlicenced site; and (2) the staffing of the Agreement materials program.
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- 1. It will be necessary for NRC staff to seek the guidance of the Commission regarding the proposed Ohio program because of differences with the NRC program related to decommissioning and license termination. Please note that no decision has been made yet regarding the compatibility of the proposed Ohio program. To assist in preparing background information for Commission consideration of this issue, we request that you provide the following information. We ask that your responses represent the legal views of the State of Ohio.
- a. The definition of the term " decommissioning" in 93748.01 of the Ohio Revised Code, in conjunction with the restriction on the disposal of certain radioactive waste materialin $3748.10, appears to prohibit the termination of a radioactive materials license under restricted conditions in cases where such termination would be permitted under the provisions of 10 CFR 20.1403. (Based on a separate review of proposed amendments to Ohio regulation 370139-021, we note that Ohio would not adopt the license termination provisions in @20.1403, but would adopt the remaining provisions of Subpart E.)
We understand that in lieu of license termination, the Ohio program proposes to issue a " decommissioning-possession only" license for the residual \\
contamination. Please describe how you expect the use of this license approach to compare to the NRC approach of using institutional controls to enforce restrictions on future use in meeting the dose constraints of Subpart E.
- b. An NRC licensee whose license is terminated under restricted conditions as provided by Q20.1403 would not be required to conduct further clean-up of the property except under the conditions specified in 620.1401(c). Please describe how the provisions of 20.1401(c) would apply to a " decommissioning-possession only" license, since the text of the rule (proposed for adoption in Ohio by reference) addresses only terminated licenses.
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- c. The NRC program relies on institutional controls, such as deed restrictions, to provide assurance that the radiation dose constraints of Subpart E will be met.
l The durability of the institutional controls has been considered as part of the rulemaking. Please describe how the Ohio program of a " decommissioning-possession only" license provides at least the same level of public protection (durability) as the NRC program. This description should specifically address the potential that the existence of a viable licensee may cease at a future date.
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- d. 10 CFR 20.1403 requires an NRC licensee to provide reasonable assurance that the dose constraints of Subpart E will be met, in order to gain license termination. Since an Ohio license would not be terminated, what inducement would there be for an Ohio licensee to provide equivalent assurance that the dose constraints would be met?
- e. 10 CFR 30.36(h)(1) requires an NRC licensee to complete decommissioning L (defined by NRC to incluoe license termination under both unrestricted and .
! restricted conditions) no later than 24 months after the initiation of l decommissioning. Please describe how this rule would apply to an Ohio l
" decommissioning-possession only" licensee, since the Ohio definition of decommissioning provides only for license termination under unrestricted release?
- 2. The Commission's policy statement " Criteria for Guidance of States and NRC in Discontinuance of NRC Reaulatorv Authority and Assumotion Thereof by States {
' Throuah Aareement" [ published in the Federal Reaister January 23,1981 (46 FR 7540- l 7546), with a correction published July 16,1981 (46 FR 36969) and a revision of Criterion 9 published in the Federal Reaister July 21,1983 (48 FR 33376)), requires the j Bureau to have sufficient staff qualified to carry out the range of licensing, inspection, <
and other related regulatory responsibilities that would be assumed. This staff must be I in place when the Agreement is signed, and most should be in place when the formal Request for an Agreement is submitted. Please provide an analysis that demonstrates the number of FTE's necessary to complete the licensing, inspection, incident response, l: and continued program development and maintenance (training, procedures, rulemaking, response to allegations, etc.) activities of the Ohio program.
Further, it is noted that your staffing plan has a number of vacancies. We understand that additional etaff is being recruited. Please describe your plans to ensure that an ,
adequate number of staff members will complete the training and experience {
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requirements, and be qualified to m'aintain the program on the projected date the ;
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- Agreement is to be signed. We are prepared to offer your staff, between now and the l time that the Agreement becomes effective, an opportunity to work with the NRC staff and augment their experience, particularly in materials licensing, conducting sealed source and device evaluations, and to accompany NRC inspections of licensees in l Ohio. '
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Roger L. Suppes -3 511N18 M' Finally, NRC staff has identified other items in the draft request for an Agreement which need modification or clarification to assure that the Ohio program will be adequate and compatible.
The specific staff comments or requests for further information will be provided to you under separate cover.
If you have any questions, please contact Mr. Richard Blanton of my staff at (301) 415 2322 or by E mail at RLB@NRC. GOV.
Sincerely, r l
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s d iM{or Richard L. Bangart, Director Office of State Programs i
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Roger L. Suppes Finally, NRC staff has identified other items in the draft request for an Agreement which need modification or clarification to assure that the Ohio program will be adequate and compatible.
The specific staff comments or requests for further information will be provided to you under separate cover. ,
i If you have any questions, please contact Mr. Richard Blanton of my staff at (301) 415-2322 or by E-mail at RLB@NRC. GOV.-
Sincerely, 1
OriginalSigned By: )
PAULH.LOHAUS ;
i Richard L. Bangart, Director Office of State Programs l
4 1
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l Distribution:
DlR RF DCD"(SP07)
SDroggitis PDR (YES_f _ NO )
Ohio File DOCUMENT NAME: G:\RLB\OHISSUE2.WPD R C E.
Tt receive a copy of this document, Indicate in the box: "C" = Copy without attachment / enclosure "E' = Copy with attachment *SEE PREVIOUS
/ enclosure CONCg)
"N' = No copy / .,
OFFICE OSP OSP:DD OGC NMSS l Rlll \\DiFM NAME RLBlanton:nb PHLohaus FXCarneron ' MKnapp CPederson RLdaniaYt L DATE 06/01/98
- 06/02/98 * [ ND6//f(/98 6/11/98
- 06/11/98
- 06//8/98 3
P e Roger L. Suppes s effective, an opportunity to work with the NRC staff and augment their experience, particularly in materials licensing and in conducting sealed source and device evaluations.
Finally, NRC staff has identified other items in the draft request for an Agreement which need modification or clarification to assure that the Ohio program will be adequate and compatible.
The specific staff comments or requests for further information will be provided to you under separate cover.
If you have any questions, please contact Mr. Richard Blanton of my staff at (301) 415-2322 or by E-mail at RLB@NRC. GOV.
Sincerely, Richard L. Bangart, Director Office of State Programs Distribution:
DIR RF DCD (SP07)
SDroggitis PDR (YESf_ NO )
Ohio File 2OCUMENT NAME: G:\RLB\OHISSUES.WPD b recew a cop e of this document, Indicate in the6, : re-b co W without attachment / enclosure "E" = Copy with sta$ ment / enclosure "N" = No cop r l OFFICE SS % lC OWDDj OGC l NMSS, ,l Rlli l OSP:D lNAME RLE$hfph)nb PHLeha uY ' FXCameron CPapefi# fob CPederson RLBangart lDATE Ob 798 06/2 /98 06/ /98 06////98 06/ /98 06/ /98 OSF FILE CODE: SP-NA-15
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