ML20155J800
| ML20155J800 | |
| Person / Time | |
|---|---|
| Issue date: | 08/28/1985 |
| From: | Bernard Thomas NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | Shaffner J NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| Shared Package | |
| ML20155J788 | List: |
| References | |
| FOIA-86-247 NUDOCS 8605270204 | |
| Download: ML20155J800 (2) | |
Text
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- BThomas JSurmeier ILLINOIS AGREEMENT CHatley
- Augus {28G1985 O r MEMORANDUM FOR
- Jim Shaffner, WMLU FROM: Barbara Thomas, WMPC
SUBJECT:
REVIEW 0F SECTIONS 601.31 & 601.32 0F PROPOSED NRC/ILLIN0IS AGREEMENT.
Below are my comments on the subject sections, which concern financial assurance requirements that Illinois would commit to requiring per its agreement with NRC.
As we discussed, you have to submit WM comments to FC this week because of the NMSS deadline involved; but I'am reluctant.for a definitive position to be take.n on the sections until Mary.Jo Seeman can review them. i She has been on leave during the period when this matter came up; she'll be I back next week. Accordingly, please ask FC to treat my comments as preliminary, subject to confirmation (or change) next week.
Specific Comments:
- 1. The draft sections basically restate 10 CFR 61.62 and 61.63. To the extent NRC is satisfied with these regulatory provisions, ostensibly the proposed Illinois provisions should be considered. acceptable, compatible (but see point 2). Certain corrections in the Illinois draft are needed to conform with NRC requirements:
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- a. 601.31, a), 2): The last two/ sentences, i.e., "These assurances shall be based on .........The applicant's cost estimates must take into account.......to perform the closure and stabilization work," should apply to both subparagraphs a),1) and 2. The sentences should be moved to the margin of paragraph a). It would also be helpful if the first of the two sentences were edited:
"These assurances under paragraph a),1) and 2) above...."
(I can't insist on the latter; our subsection 60.21(a) does not have such reference, although its layout is different.)
4
- b. 601.31, f): Add at the end of the paragraph: "and the license has been transferred to the site owner."
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ILLIN0IS AGREEMENT 2.Y OELD owes NMSS a legal opinion concerning certain aspects of financial assurance requirements (under 10 CFR Part 40). The issue of regulatory compatibility with Agreement States is involved. OELD's views are expected in September. No final NRC position on the proposed Illinois agreement should be taken until NMSS, OSP and OELD have resolved concerns.
- 3. The document needs to define the word " Department." The pages I have for review do not, and you've indicated there is no definition elsewhere, although the word is meant to cover the Illinois Department of Nuclear Safety. It must be clear that the State agrees to giving the authority involved under the agreement to that DepartTient.
- 4. The agreement should provide somewhere for revising provisions as necessary if NRC changes its regulations. The circumstance I foresee is rulemaking on financial responsibility standards, particularly with respect to long-term care, pursuant to NWPA Section 151. Mary Jo is handling this. I don'.t know how our_ current subsections 61.62 and 61:63 might be affected.
Please give me a copy of what goes to FC; I'll pass a copy to Mary Jo. Please ask FC to put us on the distribution list for the final NMSS response.
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