ML20216A921
| ML20216A921 | |
| Person / Time | |
|---|---|
| Issue date: | 02/05/1998 |
| From: | Mcgaffigan E NRC COMMISSION (OCM) |
| To: | Hoyle J NRC OFFICE OF THE SECRETARY (SECY) |
| Shared Package | |
| ML20216A901 | List: |
| References | |
| SECY-98-011-C, SECY-98-11-C, NUDOCS 9803120373 | |
| Download: ML20216A921 (3) | |
Text
r bl.O_T A T I O N V O T E
! RESPONSE SHEET i
TO: John C. Hoyle, Secretary 1
FROM: COMMISSIONER MCGAFFIGAN l
SUBJECT:
SECY-98-011 - POTENTIAL FUNDING ASSISTANCE FOR AGREEMENT STATES FOR CLOSURE OF FORMERLY TERMINATED LICENSES l
4 Approved x . Disapproved Abstain Not Participating Request Discussion COMMENTS:
i See attached comments.
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SIGNATURE (f 9 0 Release Vote / < /
N(r 'b,~9 .5 -
l7#1 8 DATE U i
Withhold Vote / /
Entered on "AS" Yes K No
, ?*R'E8Maise?
CORRESPONDENCE PDR
Commi==ioner McGaffiaan's Comments on SECY-98-011:
I approve the staffs approach of monitoring the Agreement States' progress in closing out the case files associated with sites located in Agreement States that were formerly licensed by NRC/AEC, and collecting additional information from individual Agreement States regarding the associated costs and potential funding mechanisms to provide Federal assistance. I offer the following for the staffs consideration.
I do not agree with the staffs speculation that the lack of State response to our inquiries about mechanisms to assist in funding these efforts may indicate that the States believe that they are able to accommodate this regulatory effort on their own. The protects of Califomia, Arizona and New York belie such an implication.
I agree that we are not yet in a position to propose off fee base appropriations to help in any necessary cleanups until we know the scope of the problem. However, since (a) we have not identified all of the sites that the States may need to look into; (b) we have not transferred all the necessary NRC files to individual States, and (c) the States' site surveys and assessments to determine the scope of the problems in and of themselves may involve significant expenses and efforts that the States may not be able to undertake in the first place, we may need to seek separate appropriations or some other form of resource assistance to help the States do the initial surveys and assessments. Thus, I suggest that the staff inquire of the States' needs in these regards during the further consultation on funding mechanisms that the staff proposes.
I encourage the staff to ensure that the file review being performed by Oak Ridge National Laboratory is closed cut as scheduled and that the staff proceed with transferring the NRC license files to individual Agreement States as soon as possible to enable them to make ,
informed decisions. While the Commission directed the transfer of responsibiQy for these sites !
from NRC to individual Agreement States, I believe that NRC still maintains r, role to ensure that the policy and funding issues associated with closure of these sites ar9 clearly identified !
and addressed in a timely manner. Therefore, I encourage the staff to develop milestones to ensure that the needed Agreement State information is collected thir calendar year so that a recommendation can be made by January 1999 regarding whether NRC should request a 4 general fund appropriation to cover the associated Agreement State costs. i Finally, as an altemative to me current approach of providing financial assistance to individual Agreement States, I suggest that the staff consider the merits of drafting a very narrowly focused amendment to the Atomic Energy Act to provide Agreement States the option of retuming their regulatory authority and responsibility to NRC only for the sites in question-sites formerly licensed by NRC or AEC where the license was terminated prior to the State becoming an Agreement State and the State had not been informed, at the time that it entered the agreement, that it may have to resume regulatory oversight of the site under the agreement.
Justification for such an amendment would be based on the fact that neither the States nor the NRC were aware of the potential problems associated with these sites at the time that the individual States entered into formal agreements with the NRC, therefore, this issue was not disclosed at that time. Because of faimess and equity concems with regard to current licensees, NRC should not use fees collected from its current licensees to cover the costs associated with closure of these sites. Rather, NRC would need to receive appropriations from the general fund to cover the costs associated with closure of these sites. Therefore, I would also suggest that the staff consider language in the draft amendment that would authorize NRC
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to receive appropriations off of the fee base to cover such costs of old site closure as NRC determines to be necessary to protect public health and safety. If such an alternative has merit, it would also be important to emphasize in the legislative package that the amendment does not in any way apply to other specific licensees, other classes of licensees, nor should it be l construed as authorizing Agreement States to relinquish (and return to NRC) regulatory l authority and responsibility for any other activity under the agreement.
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Q REG '
o UNITED STATES
- f" , NUCLE AR REGULATORY COMMISSION )
WASHINGTON, D C. 20555-0001
- E
- e March 3, 1998 l OFFICE OF THE SECRETARY MEMORANDUM TO: L. Joseph Callan Exe ve irector for Operations b etary i FROM: Joh . Hoyle, i
SUBJECT:
STAFF REQUIREMENTS: SECY-98-011 - POTENTIAL l
FUNDING ASSISTANCE FOR AGREEMENT STATES FOR CLOSURE OF FORMERLY TERMINATED NRC LICENSES ]
The Commission approved the staff's approach of monitoring the Agreement State's progress in closing out the case files associated with sites located in Agreement States that were l formerly licensed by the NRC or its predecessor, and collecting additional informen from Individual Agreement States regarding the associated costs and potential funding mechanisms to provide Federal assistance. In implementing this monitoring and information collection program, however, the staff should also undertake the following additional measures: 1 l
. inquire of the States during the further consultation on funding mechanisms proposed in SECY 98-011 whether the initial site surveys and assessments to determine the scope of the problem are themselves so significantly expensive and difficult as to preclude the States from undertaking even this preliminary step in the cleanup process, in the ,
i absence of other funds or some other form of resource assistance from the NRC.
. ensure that the file review being conducted by the Oak Ridge National Laboratory is completed in March 1998, that the files are subsequently transferred to the States promptly, and that milestones are established on when NRC needs to receive information from Agreement States. The staff should make an initial recommendation on whether NRC should request a general fund appropriation, to cover the associated Agreement State costs for those States providing a response consistent with the FY 2000 budget cycle. h
. consider the merits of an attemative approach to providing financial assistance to } j individual Agreement States by developing a narrowly focused amendment to the Atomic Energy Act that would allow the Agreement States to retum their regulatory i authority and responsibility for formerly licensed sites to the NRC if the licenses in question had been terminated before the State became an Agreement State and permit the NRC to receive appropriations off the fee base to cover the costs associated with closure of these sites.
(EDO) SECY Suspense: 9/1/98) l SECY NOTE: This SRM, SECY 98-011, and the related Voting Record will be made publicly available 5 working days cfter the date of the final SRM.
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The staff should also continue to inform the Commission of any difficulties experienced by the NRC or the Agreement States in attempting to require further remediation of these sites.
I I cc: Chairman Jackson Commissioner Dicus Commissioner Diaz Commissioner McGaffgan EDO OGC OlG CIO CFO OCA OPA-Office Directors, Regions, ACRS, ACNW, ASLBP (by E-Mail)
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