ML20133A168
| ML20133A168 | |
| Person / Time | |
|---|---|
| Issue date: | 12/04/1996 |
| From: | Bangart R NRC OFFICE OF STATE PROGRAMS (OSP) |
| To: | Weidler M NEW MEXICO, STATE OF |
| References | |
| NUDOCS 9612300094 | |
| Download: ML20133A168 (7) | |
Text
'
pto (srok 94 Mou y= % UNITED STATES
< S NUCLEAR REGULATORY COMMISSION f WASHINGTON, D.C. 20555-0001 w f December 4, 1996 Mr. Mark E. Weidler, Secretary New Mexico Environment Department Harold Runnels Building 1190 St. Francis Drive P. O. Box 26110 Santa Fe, NM 87502
Dear Mr. Weidler:
This is in response to Senator Bingaman's October 17, 1996 letter enclosing your letter of September 18, 1996 expressing concern about the Nuclear Regulatory Commission policy to discontinue funding for Agreement State training. This policy went into effect on October 1, 1996.
As you may know, the Commission has initiated a Strategic Assessment and Rebaselining effort that includes a review of the relationship between the NRC and the Agreement States. Funding of Agreement State training is again being addressed in this evaluation, and the NRC has conducted several public meetings to discuss this, along with other issues. While the Commission has not made a final decision on this matter, a majority of the Commission is preliminarily in favor of a compromise position in which the NRC would provide training to Agreement States without charge on a " space available" basis.
Funding for travel and technical assistance would be borne by the Agreement States. Our objectivas in the Strategic Assessment and Rebaselining effort with respect to this issue are to determine an equitable method of funding and an appropriate scope for NRC's Agreement State activities.
The Commission believes that the stakeholders' comments (from Agreement and non-Agreement States, Agreement and non-Agreement State licensees, and members of the public) will be important in the final resolution of this difficult issue. Your comments certainly will be considered in the analysis. l Therefore, I have forwarded Senator Bingaman's October 17, 1996 letter to the 1 Secretary of the Commission to be addrested as a comment on the Strategic Assessment and Rebaselining effort, Dire: tion Setting Issue 4, NRC's !
Relationship with Agreement States. We welcome your further comments on this l and other Strategic Issues. For your information, I have enclosed the public l announcement and package of Direction-Setting Issues (DSI) that the Commission l released for discussion at the public meetings.
The Commission recently informed the staff that it does not object to the ,
staff implementing its preliminary views on training discussed above. NRC l expects that space available training partially will reduce the need for J Agreement States to seek training from other sources or to develop their own training courses and the financial burdens of doing so. Additionally, a working group consisting of representatives from the NRC and Agreement States \
already has been formed to evaluate the ongoing evolution of training programs J for Agreement State personnel, the criteria for evaluation of Agreement State '
programs in the area of training qualification, and possible training options for Agreement State personnel.
9612300094 961204 .
PDR STPRC ESGNM PDR 50 fP44f Wic m E C ET5130PY sp- + M
i M. E. Weidler The fundamental dilemma which we face in the Agreement State travel and training reimbursement issue derives from the need to recover the vast preponderance of our budget (other than high-level waste-related expenses) from fees from our licensecs. The Commission has long recognized the need to address the fairness and equity issues resulting from the expenditure of NRC ,
fee-based budget resources on costs, such as funding for Agreement State training, that cannot be attributed to an individual licensee or class of licensees. In its 1994 report to the Congress on the NRC's License Fee Policy Review, the Commission described these fairness issues and recommended that legislation be enacted to exclude these costs from the NRC's user-fee base and appropriate them separately. The Commission reaffirmed that recommendation in ,
a response to a question from Representative Dan Schaefer that resulted from the September 5, 1996 hearing before the House Subcommittee on Energy and Power. In that response, the Commission noted that the costs related to our work at Hanford had been placed outside the fee base, and we specifically mentioned Agreement State training and travel and international programs as t areas needing similar legislative relief. We would welcome your support of such a legislative solution to the Agreement State training and travel issue.
Sincerely, h tyli Richar(L.Bangart, Director Office of State Prografns
Enclosures:
As stated !
cc: Senator Jeff Bingaman
M. E. Weidler The fundamental dilemma which we face in the Agreement State travel and training reimbursement issue derives from the need to recover the vast preponderance of our budget (other than high-level waste-related expenses) fro'n fees from our licensees. The Commission has long recognized the need to adJress the fairness and equity issues resulting from the expenditure of NRC fae-based budget resources on costs, such as funding for Agreement State training, that cannot be attributed to an individual licensee or class of licensees. In its 1994 report to the Congress on the NRC's License Fee Policy Review, the Commission described these fairness issues and recommended that legislation be enacted to exclude the.e costs from the NRC's user-fee base and appropriate them separately. The Commission reaffirmed that recommendation in a response to a question from Representative Dan Schaefer that resulted from the September 5, 1996 hearing before the House Subcommittee on Energy and Power. In that response, the Commission noted that the costs related to our work at Hanford had been placed outside the fee base, and we specifically mentioned Agreement State training and travel and international programs as areas needing similar legislative relief. We would welcome your support of such a legislative solution to the Agreement State training and travel issue.
Sincerely, OmGINAL$1GNEDBY Richard L. Bangart, Director Office of State Programs
Enclosures:
As stated cc: Senator Jeff Bingaman Distribution:
EDO RF (GT96810) DCD (SP08) PDR (YES X
-~
N0 )
SECY (CRC-96-1094)
DIR RF HLThompson RLBangart PLobaus SDroggitis DSollenberger Reimbursement Cost File New Mexico File Otd DOCUMENT NAME: G:\BINGAMAN.DMS *See previous concurrence To receive a copy of this document, indicate in the box: "C" - Copy without attachment / enclosure "E" - Copy with attachment / enclosure "N" - No copy 0FFICE OSP OSP:DD OSP:D DEDS /r 4 ; '
l l 4 -
NAME DMSollenberger:kk* PHLohaus* RLBangart* HLThomp s'o'n ' " 2/
DATE 11/27/96 11/27/96 11/27/96 11/ Af96 :
i/2 OSP FILE CODE: SP-R-14, SP-AG-19 1
1 1
l
/
M. E. Weidler /
The fundamental dilemma which we face in the Agregm/ ent State travel and training reimbursement issue derives from the nepd to recover the vast !
preponderance of our budget (other than high-level waste-related expenses) l from fees from our licensees. The Commission)(as long recognized the need to ;
address the fairness and equity issues assoct&ted with charging fees to NRC i licensees for activities which do not benef t them (such as funding for Agreement State Training). In its 1994 re rt to the Congress on the NRC's l
{
License Fee Policy Review, the Commission escribed these fairness issues and recommended that legislation be enacted exclude these costs from the NRC's user-fee base and appropriate them separ tely. The Commission reaffirmed that recommendation in a response to a ques on from Representative Dan Schaefer that resulted from the September 5, 19 6 hearing before the House Subcommittee on Energy and Power. In that respons , the Commission noted that the costs l related to our work at Hanford had b en placed outside the fee base, and we specifically mentioned Agreement St e training and travel and international programs as areas needing similar gislative relief. We would welcome your support of such a legislative sol . ion to the Agreement State training and travel issue.
Sincerely, Richard L. Bangart, Director Office of State Programs
Enclosures:
As stated cc: Senator Jeff Bingama l
l Dittribution:
EDO RF (GT96810) DCD (SP08) PDR (YES X NO )
SECY (CRC-96-1094)
DIR RF '
HLThompson l RLBangart l PLohaus SDroggitis l DSollenberger '
Reimbursement Cost Fi.e Wew Mexico File DOCUMENT NAME: G:\B NGAMAN.DMS *See previous concurrence Toreceiveacopyoflthisdocument,indicateinthebox: "C" - Copy without attachment / enclosure "E" = Copy with attachment / enclosure "N" - No copy 0FFICE OSP x OSP:DD l OSP:D l DEDS l NAME DMSo11enberger:kk* PHLohaus* RLBangart* HLThompson DATE 11/27/96 11/27/96 11/27/96 11/ /96 OSP FILE CODE: SP-R-14, SP-AG-19
7 4
. '. i t
M. E. Weidler -
/
The fundamental dilemma which we face in the Agreement State' travel and ',
training reimbursement issue derives from the need"to recover the vast '
- 7 preponderance of our budget (other than high-level waste-related exp'enses)"' . I from fees from our licensees. The Commission has long recognized =the need tof. f address the fairness and equity issues resulting from the expenditure of NRC, .
4 fee-based budget resources on costs, such as' funding for Agreement State ,
training, that cannot be attributed to an individual l'.censee or~ class of "
- lice.wees. In its 1994 report to the Congress on the NRC's License Fee Policy ~
Review, the Commission described these fairness issues and recommended that legislation be enacted to exclude these costs from the NRC's user-fee base and appropriate them separately. The Commission reaffirmed that recommendation in a response to a question from Representative Dan Schaefer that resulted from the September 5, 1996 hearing before the House Subcommittee on Energy and Power. In that response, the Commission noted that the costs related to our work at Hanford had been placed outside the fee base, and we specifically mentioned Agreement State training and travel and international programs as areas needing similar legislative relief / We would welcome your support of such a legislative solution to the Agreement State training and travel issue.
j Sincerely,
/
Richard L. Bangart, Director
/ Office of State Programs
Enclosures:
As stated 2 cc: Senator Jeff Bingaman Distribution:
EDO RF (GT96810) DCD (SP08) PDR (YES X - -
NO )
s SECY (CRC-96-1094)
DIR RF HLThompson
, RLBangart
- PLohaus SDroggitis' DSo11enberger Reimbursement Cost File New Mexico File DOCUMENT NAME
- G:\BINGAMAN.DMS '
To receive a copy of this document, indicate in the box: "C" = Copy without attachment / enclosure a "E," - Copy with Attachment / enclosure "N" - No copy 0FFICE OSP/QA.{rv OSP:DDk/'g1/ OSP:D K/ 71- DEDS ' l NAME DMSo11enbe'rger:1k PHLohaus ' '/w RLBangart' % HLThompson DATE 11/f? /96 11/]T/961) ~11/$7/96 11/ /96 OSP FILE CODE: -SP-R-14, SP-AG-19
- p. g-5 .
a
- W, b +
t %
9 .
- s. : -
f i EDO Principa1' Correspondence Control FROM:
DUE: 11/07/96 EDO CONTROL: GT96810 DOC DT: 10/17/96 Sun. Jeff Bingaman FINAL REPLY:
TO:
D3nnis Rathbun, OCA FOR SIGNATURE OF : ** GRN **
CRC NO:
Bangart DESC:
ROUTING:
ENCLOSES LTR FROM MARK E. WEIDLER, NEW MEXICO Taylor ENVIRONMENT DEPT. RE NEW MEXICO'S PARTICIPATION M11hoan IN THE AGREEMENT STATE PROGRAM Thompson Blaha DATE: 10/24/96 '
ASSIGNED TO: CONTACT:
SP Bangart s.
SPECIAL INSTRUCTIONS OR REMAR D -
Rsply~ direct to Constituent
~with cc to Sen. Bingaman &
mark envelope' ATTN: Hernan Ciudad.
Raf. GT96795 I
J
-,s
.s.
. ' ~
d OFFICE OF THE SECRETARY CORRESPONDENCE CONTROL TICKET PAPER NUMBER: CRC-96-1094 LOGGING DATE: Oct 22 96 ACTION OFFICE: EDO AUTHOR: SEN JEFF BINGAMAN AFFILIATION: U.S. SENATE ADDRESSEE: RATHBUN LETTER DATE: Oct 17 96 FILE CODE: IDR-15
SUBJECT:
NEW MEXICO'S PARTICIPATION IN THE AGREEMENT STATE PROGRAM !
ACTION: Direct Reply DISTRIBUTION: CHAIRMAN SPECIAL HANDLING: OCA TO ACK t
CONSTITUENT: MARK WEIDLER NOTES:
DATE DUE:
b Nov W 96 r
SIGNATURE: . DATE SIGNED: '
AFFILIATION:
l I
t
( t e
l EDO -- GT96810 I
. _ _ _ _ . . _ .m ..__._.__m.-__ _ - . _i..__ - .m. _.a_mm ______m.m__m__ m.___ , - . . . . . . _ _ , . . - . _ .m., _
MF BINGAMAN 703 HART SENATE OFFICE BLDG _
r M W MExlCg WASHINGTON. DC 20510-3102 ,
(202)224 4 521 j IN NEW MEX1C0-1-800443-8658 l g TDD (202) 224-1792 senator _bmpamen@bmgaman.nenate. gov .
l sm,ttd statcs scnatt :
l October 17, 1996 l
[
i l Mr. Dennis K. Rathbun '
Director ;
l Nuclear Regulatory Commission Office of Congressional Affairs 1717 H Street '
Washington, D.C. 20555 '
Dear Mr. Rathbun:
I have received the enclosed letter from Mark E. Weidler, !
Secretary of the New Mexico Environment Department. He has {
expressed a concern about New Mexico's participation in the Agreement State Program.
i I would appreciate your attention in accommodating the needs of Secretary Weidler. Please look into this matter and report ,
back directly to him with your findings. Please provide Hernan !
Ciudad in my office with a copy of your response. [
Thank you for your attention to this matter.
i Sincerely, j r
i l Je Bingam )
l United Sta _s Senator I l l JB/hc Enclosure I
1 i
l l
(1BUQUE ROUE LAS CRUCES ROSWELL SANTAFE (505)766-3636 (505)523-6561 (505) 622-7113 (505)988 4 647
/_ / V /1/% 2 ll - [ . - - . --
, y04 4 f-O' State of New Mexico bn &' $
A ?
ENVIRONMENTDEPARTMENT Harold Runnels Building l
Yu. '
1190 St. Francis Drive, P.O. Box 26110 Y:W~.y,l} Santa Fe, New Mexico 47S420 MARxs.wswtsR sECaETraY Cg05) 827-2856 ' -
GAR Y E. JOHNSON EDGAR T. THORNTON. HI )
GOVERNOR DEPUTY SECRETAR Y j September 18,1996 The lIonorable Jeff Bingaman United States Senator 703 Ilart Senate Bldg.
Washington, D.C. 20515
Dear Senator Bingaman:
New Mexico became an Agreement State m 1974. The 1978 amendment to the Atomic Energy Act requires the NRC to periodically review Agreement State Programs. New Mexico's Radiation Control Program has always met the requirements to protect the public heahh and safety. Amendments to the New Mexico Radiation Protection Regulations, which became effective in May 1995, kept the state's progra.:n in compliance with NRC requirements.
Instorically, the NRC has maintained a continuing relationship with each Agreement State to assure l continued compatibility of the State's regulatory program and its adequacy to protect health and safety. I This relationship included, among other things, training of Agreement State regulatory staffs at no charge to the participants. Beginning October 1996, the NRC will begin charging the Agreement States such as New Mexico for all training needs. {
New Mexico's Radiation Control Program is funded wholly from the State General Fund and monies are unavailable to support training programs for staff previously sponsored by NRC.
The Department believes that the minimal support (approximately $15,06 per year) provided to New Mexico through the States Agreement Program is a bargain for the NRC and should be continued.
Should the NRC be required to assume regulatory responsibility for the state byproduct programs based on rescission of the agreement, the cost to the NRC would be substantial compared to the minimal support now provided to New Mexico.
If financial assistance for Radiation Control Program personnel training is not restored, New Mexico will have to Icok seriously at retuming its e, tire Radimion Contre! Dmgram to the NRC. Such an action would undoubtedly lead to the closure of many of the State's smaller businesses licensed to possess and use radioactive materials, since they will be unable to conform to the NRC's ever-escalating fee schedule.
l Your assistance in petitioning NRC to amend its policy and restore financial support for the training needs of the Agreement States is strongly encouraged and will be greatly appreciated.
i l Please contact Mr. Benito J. Garcia or Mr. William Floyd of my staff at (505) 827-1557 should you have any question Sincerely, Mar E. Weidler, Secterary New Mexico Environment Department MEW:Ir Attachment
s' EXECUTIVE TASK MANAGEMENT SYSTEM
<<< PRINT SCREEN UPDATE FORM >>> l TASK # - 6E810 DATE- 10/25/96 MAIL CTRL. - 1996 TASK STARTED - 10/25/96 TASK DUE - 11/05/96 TASK COMPLFTED -
/ /
TASK DESCRIPTION - ENCL LTR FROM MARK E. WEIDLER, NEW MEXICO ENVIRONMNT l
DEPT. RE NEW MEXICO'S PARTICIPATION IN THE A/S PROGRAM l REQUESTING OFF. - SENATE REQUESTER
- SEN. BINGAMAN WITS -
0 FYP - N PROG.- PERSON - STAFF LEAD - PROG. AREA -
PROJECT STATUS - DUE OSP: 11/6/96 PLANNED ACC. -N
@ed DUE EDO:
REF. GT96795 11/7/05-//[/f98 LEVEL CODE - 2 CC. W Scb tb:hns +
olue en - 46~
l
(*fvt.C.%nwC'-- '+ -
sw eg ,
e a-L sel b.M k t-u !
1
e f Wl?
g & UNITED STATES j
NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20006-0001
- ,,,,, December 4, 1996 i
Mr. Mark E. Weidler, Secretary New Mexico Environment Department Harold Runnels Building i
1190 St. Francis Drive l P. O. Box 26110 j Santa Fe, NM 87502
Dear Mr. Weidler:
This is in response to Senator Bingaman's October 17, 1996 letter enclosing your letter of September 18, 1996 expressing concern about the Nuclear Regulatory Comission policy to discontinue funding for Agreement State training. This policy went into effect on October 1, 1996.
As you may know, the Comission has initiated a Strategic Assessment and Rebaselining effort that includes a review of the relationship between the NRC and the Agreement States. Funding of Agreement State training is again being addressed in this evaluation, and the NRC has conducted several public meetings to discuss this, along with other issues. While the Comission has not made a final decision on this matter, a majority of the Comission is preliminarily in favor of a compromise position in which the NRC would provide training to Agreement States without charge on a " space available" basis.
Funding for travel and technical assistance would be borne by the Agreement States. Our objectives in the Strategic Assessment and Rebaselining effort with respect to this issue are to determine an equitable method of funding and an appropriate scope for NRC's Agreement State activities.
The Comission believes that the stakeholders' comments (from Agreement and non-Agreement States, Agreement and non-Agreement State licensees, and members of the public) will be important in the final resolution of this difficult issue. Your comments certainly will be considered in the analysis.
Therefore, I have forwarded Senator Bingaman's October 17, 1996 letter to the Secretary of the Comission to be addressed as a coment on the Strategic Assessment and Rebaselining effort, Direction Setting Issue 4, NRC's Relationship with Agreement States. We welcome your further comments on this and other Strategic Issues. For your information, I have enclosed the public announcement and package of Direction-Setting Issues (DSI) that the Comission released for discussion at the public meetings.
The Comission recently informed the staff that it does not object to the staff implementing its preliminary views on training discussed above. NRC expects that space available training partially will reduce the need for Agreement States to seek training from other sources or to develop their own training courses and the financial burdens of doing so.- Additionally, a working group consisting of representatives from the NRC and Agreement States already has been formed to evaluate the ongoing evolution of training programs for Agreement State personnel, the criteria for evaluation of Agreement State programs in the area of training qualification, and possible training options for Agreement State personnel.
50 h$ Q-f -4
% 3ow W W e.w _ Sw a m 9M
M. E. Weidler The fundamental dilemma which we face in the Agreement State travel and training reimbursement !ssue derives from the need to recover the vast preponderance of our bud?et (other than high-level waste-related expenses) from fees from our licensees. The Commission has long recognized the need to address the fairness and equity issues resulting from the expenditure of NRC fee-based budget resources on costs, such as funding for Agreement State training, that cannot be attributed to an individual licensee or class of licensees. In its 1994 report to the Congress on the NRC's License Fee Policy Review, the Commission described thesc fairness issues and recommended that legislation be enacted to exclude these costs from the NRC's user-fee base and appropriate them separately. The Commission reaffirmed that recommendation in a response to a question from Representative Dan Schaefer that resulted from the September 5, 1996 hearing before the House Subcommittee on Energy and Power. In that response, the Commission noted that the costs related to our work at Hanford had been placed outside the fee base, and we specifically mentioned Agreement State training and travel and international programs as areas needing similar legislative relief. We would welcome your support of such a legislative solution to the Agreement State training and travel issue.
Sincerely, Rich r L. Bangart, Di
. ; f tor Office of State Prografns .
Enclosures:
As stated i cc: Senator Jeff Bingaman 1
i
~
- i
- M. E. Weidler i The fundamental dilemma which we face in the Agreement State travel and i training reimbursement issue derives from the need to recover the vast
! preponderance of our budget (other than high-level waste-related expenses) j from fees from our licensees. The Commission has long recognized the need to address the fairness and equity issues resulting from the expenditure of NRC fee-based budget resources on costs, such as funding for Agreement State training, that cannot be attributed to an individual licensee or class of licensees. In its 1994 report to the Congress on the NRC's License Fee Policy i Review, the Commission described these fairness issues and recommended that i
legislation be enacted to exclude these costs from the NRC's user-fee base and i
appropriate them separately. The Commission reaffirmed that recommendation in i a response to a question from Representative Dan Schaefer that resulted from 4 the September 5, 1996 hearing before the House Subcommittee on Energy and
- Power. In that response, the Commission noted that the costs related to our work at Hanford had been placed outside the fee base, and we specifically
~
i mentioned Agreement State training and travel and international programs as areas needing similar legislative relief. We would welcome your support of such a legislative solution to the Agreement State training and travel issue.
Sincerely, ORIGINALSIGNED BY l
Richard L. Bangart, Director Office of State Programs
Enclosures:
As stated cc: Senator Jeff Bingaman Distribution:
EDO RF (GT96810) DCD (SP08) PDR (YES_X_ NO )
SECY (CRC-96-1094)
DIR RF HLThompson RLBangart PLohaus SDroggitis DSo11enberger Reimbursement Cost File hw Mexico File XA DOCUMENT NAME: G:\BINGAMAN.DMS *See previous concurrence To receive a copy of this document, indicate in the box: "C" - Copy without attachment / enclosure "E" = Copy with attachment / enclosure "N" - No copy 0FFICE '
OSP l OSP:DD l OSP:D l DEDSA /Mt s NAME DMSo11enberger:kk* PHLohaus* RLBangart* HLThomp s'o'n ' " i ?f DATE 11/27/96 11/27/96 11/27/96 Q/ M96 d z/2 OSP FILE CODE: SP-L-14, SP-AG-19
M. E. Weidler The fundamental dilemma which we face in the Agre nt State travel and training reimbursement issue derives from the ne d to recover the vast preponderance of our budget (other than high-1 el waste-related expenses) from fees from our licensees. The Connission as long recognized the need to address the fairness and equity issues assoc' ted with charging fees to NRC licensees for activities which do not benef them (such as funding for Agreement State Training). In its 1994 re rt to the Congress on the NRC's License Fee Policy Review, the Commission escribed these fairness issues and recommended that legislation be enacted exclude these costs from the NRC's user-fee base and appropriate them sepa tely. The Commission reaffirmed that recommendation in a response to a ques on from Representative Dan Schaefer that resulted from the September 5, 19 6 hearing before the House Subcommittee on Energy and Power. In that respons , the Commission noted that the costs related to our work at Hanford had en placed outside the fee base, and we specifically mentioned Agreement St e training and travel and international programs as areas needing similar gislative relief. We would welcome your support of such a legislative sol . ion to the Agreement State training and travel issue.
Sincerely, Richard L. Bangart, Director )
Office of State Programs
Enclosures:
4 As stated cc: Senator Jeff Bingana Distribution:
EDO RF (GT96S10) DCD (SP08) PDR (YES_X_ NO )
SECY (CRC-96-1094) l DIR RF HLThompson l RLBangart PLohaus SDroggitis DSollenberger Reimbursement Cost Fi New Mexico File DOCUMENT NAME: G:\B NGAMAN.DMS *See previous concurrence To receive a copy of this doctament, indicate in the box: "C" - Copy without !
attachment / enclosure "E" - Copy with attachment / enclosure "N" - No copy ;
0FFICE OSP \ l OSP:DD I OSP:D l DEDS l l NAME DMSo11enberger:kk* PHLohaus* RLBangart* HLThompson i DATE 11/27/96 11/27/96 11/27/96 11/ /96 OSP FILE CODE: SP-t-14, SP-AG-19
. . . - r---. - _ - . - . -
i j .
i 4
I M. E. Weidler The fundamental dilemma which we face in the Agreement State travel and
, training reimbursement issue derives from the need to recover the vast j preponderance of our budget (other than high-level waste-related expenses)
- from fees from our licensees. The Cosmiission has long recognized the need to 4
address the fairness and equity issues resulting from the expenditure of NRC 1 fee-based budget resources on costs, such as funding for Agreement State training, that cannot be attributed to an individual licensee or class-of
- licensees. In its 1994 report to the Congress on the NRC's License Fee Policy i
~
Review, the Comeission described these fairness issues and recommended that legislation be enacted to exclude these costs from the NRC's user-fee base and appropriate them separately. The Commission reaffirised that recommendation in
! a response to a question from Representative Dan Schaefer that resulted from ,
! the September 5,1996 hearing before the House Subcommittee on Energy and '
l Power. In that response, the Commission noted that the costs related to our work at Hanford had been placed outside the ' fee base, and we specifically j mentioned Agreement State training and travel and international programs as
! areas needing similar legislative relieff We would welcome your support of
! such a legislative solution to the Agreement State training and travel issue. i
. Sincerely,
/
/ Richard L. Bangart, Director Office of State Programs
Enclosures:
As stated cc: Senator Jeff Bingaman Distribution:
ED0 RF (GT96810) DCD (SP08) PDR (YES X NO )
SECY (CRC-96-1094) ,
DIR RF - 1 HLThompson RLBangart PLohaus SDroggitis > l DSo11enberger Reimbursement Cost File New Mexico File , !
DOCUMENT NAME: .G:\BINGAMAN.DMS Te receive a copy of this document, indicate in the box: "C" - Copy without attachment / enclosure f "E," - Copy with Attachment /enclogre "N" = No copy 0FFICE OSP Q Jsrv OSP:DDfj71/ OSP:Df/W DEDS l l NAME DMSo11enbe'rgerMk PHLohaus ' '(w RLBangart' "O HLThompson ,
DATE II/f /96 II/ff /96 - ) 11/J7 /96 11/ /96 OSP FILE CODE: SP-t-14, SP-AG-19 l
A, s .. gc&p %;.y- g. , . y- -
7 4 :e www J ZhWdhD
- - : 4 3.x me p.q M
'ba :,P,-- erws q, PM, eWs
' Y.,, 4
.o<
?, # l m,. ?. fg
!( ' b< .f-k h, ]
k.j.h, * - s
- ;b , k b-q' u M, 3 ,O ke$umWM:@hhM"'; '-
l' ~ $ b % Y $ $6 $ h k,,.+;; . > r x? Y' MF##
V -
' ? 0 91 -
h?&
~
.wlRW Q ?,ew w y n e , w w w .,
m pk. sn w$ an &nm%, h 54Y$$ 'g .
n_- ! ,.
4.- m; m ,; s ,u _vr ;:s, / .,x 4s. .w ec 3my _ m ~s q n,.r:
w .,: 4 p m x m m ._ : op -
/
_ ,. f
_g m; ?:: sm M f.w F_@ . . _/au% o W,p ,Q + g u n..n_f W: -. &yMihgUC < v - %waQ .%e E s ge e, s. ..
~ 9 .- -
n! g?@Wk::
> w ~'l " .% ;y .
- A,y e$. n p o* w % Y '
_' y ..
g ~gggc ~y g v .nQ- 4%$,$ n Q:h.y'. nl ';w v. % n.u >,g g ww :. ._wq y g %,,iA%g,Cg
& Q m'[MQ.{QQQ }.'
v
h*Q h., _ y 4fjg t-7;fRf
^
ef NS M M W i &jfs d w h.~ V &ww b
& hQhd
$s &p g,lS {fNQR;!GQL,yG.9f:.n&s$$
& &p[.
c@wm e?$$$$
$ ' ~ , ~ .. ., h, )l.$b hkb W
y~Ygm
.ibY bk%Nk . es s h. apww,h2h kkh$kh'5 h.
_w~%p~# we1.a i, ; &V g w & n y g$h NMD $ h e pg, amermsEs .
DEPT. RE NEW.MKICO'SJhMFICIpkrgW%?Pma draMunarddroidWiiiid$y$d. e 411heaTr W r M_
a D N' M ' -59 -
D mnm .TRE;AGREENENT STATE PROGRAN W i & W On NOss d@'T
~~ E
,-a n , - .,
u~ -.u wn g,M %m %m %...n e m
tI wm~A .b NM k hw i .. . Mhf'
@R @ Q, nWw.WQ .
Q , %. ,y.y hh%k %n Qn # n( Q M q, w, ,q:4,Q,.Q, ; 53% I ' y .
. , - + e.,
% ka CSWE ; ~ , ,'4 ;;;) i
~
w yn710/24/96N s ~ > , ~ % g 4 s-,- ,4
%1., y%. . , . . n sp0
~ ,:
-.i gM g a m g[tAN...M.e c.
yQ, W W-Le W ta W s@af,yty t
n F4 h
7.m m
Gi y% wLe & %.; k 4ge , , . - v .~ ,
s y -- N. .O W. s m . ~ - ,
- g'W.ee
,gny ;g..yX ;m_ g,nm 3 zy n .
q y g%ty y&yn
- g c;y gy; ggy 3'd-Q' Q,g + ~ u
,.& ,h, .n9 1s . ..
- wW L, Qwm:/ a w m;m; s: -r de y .qw ni g m a...m;y mm- H ' w. g >
3.a n -
s 3 . 4 3 + v ,; W. 1g 9-a.ry.W ;y~ qA~.*Mgkw' wn-m m.> ..
p,p. c 3gngmWuptwwn f- w ~4. o ,
,~r
- umm%a+
M 6%;%%s.}n Wh g$ h w m%.:yhf
% g y.,
j h ,Py4 9 *l ,R N_f 5
~w , ;
O%
p 2.
- s_mu,rn..
~.
-%%laQ' ,erson. s,d., am.ak,4 hmK. .s e + @m &. W J P.. -@
- ' - 7 -
-K Rb f$.w. , }QVi W'y&
~ .
,3 p . p:yOpy[n,;vW;f gf&f.' , q: . Q-Q.
'Qd(Md.
.Mh, , M/sk*$M(ykh*yb 9
M}g mine tGendtagenes
.aeanspa Ao 9
4' Qk 3 g ,,
~w];&p RJW.my e dk $WT z ^
'~
v y
qM - -
j pg 3
-( e g- .a ,-
' c6 * 'Q., mm w)',iWey%ya Agg. {f, ,]
, %ye; O j y , k* . &&, h
.s g-
,y
,M k 3i : o 'r
~
,'. 'd 17-^#:
d q;f ; ,
r.y mw *3 hg*
.m h eq
_ /*y..Y
(
- ,4 y "
e F .. 3 >
'p
. , , ,, u & PM +-
' g j4 w . .
.. . 4
,F p?,b.;
- c e
'y__-. ;f ;pl2',<'?(I.l .
,hi ,[ .. ,o M.f;, v,.r,e -d I
m,,...+
w a s.
,a ,% u- .
w m3
+ w*d & % dm% a >
' ~
- ^ ~ ~ ~ ~
h~' :
,tytf6 p M y @ @^ ^~ Q i , P'*M g. 1 '
s._ . ' q.,
- hj;My-
- ., f ,, Q ; ' W , J. ' F .
W *G V : +. Q W < '
I '
't .
- E' -
[ MICE OFfM MARY '
n, n ', +" J . . n .
.. . 4
. -, CONTROL TICKET ..
s'- t+
,1 , . .. 4 : m. . .
. , y ,,.
..( .
PAPER NtBIBER:f- . :MC-96-1994 - ~ w. _a. -
IAGGING DATE: Oct 22 96 w _ .
~-
f[ $
ACTION OFFICE: EDO '
r )
1 AUTHOR: SEN JEFF 3]JGAMAN b AFFILIATION: U.S. SWEATE 1
1
- ADDRESSEE: RATHBUN 1 LETTER DATE: Oct 17 96 FILE CODE: IDR-15
- p. -
cl CUBJECT: NEN MEXICO'S PARTICIPATION IN THE AGREEKENT STATE PROGRAM p ACTION: Direct Reply 1
, < DISTRIBUTION: CHAIRMAN 1 I? SPECIAL HANDLING: OCA TO ACK r
r CONSTITUENT: MARK WEIDLER p NOTES:
DATE DUE: Nov 96 SIGNATURE: /
(r
. . DATE SIGNED: 1 1
AFFILIATION:
i n l
(
i 7 )
r.
1 M t
i 1-
. , 2 1
< ; ,n. " s , ;
F. ,
. . ,>W. . a;v .
. ' 3 W t
$t .} } . _i 1. , ;. .l. s{feh } .;. ,
l .~ -
-4 .y,. 9 ~ .
y
. Mh .s'. c;) . .. ,l:
- W :S. v,t.1 e s ,A
_--r u s e.
s . .. -
y 1 _ , ,. 1
- }. y. 5i -
+. A ..
(p ,
^ le h $';* f.; ;w/). . > . , ' , .t.
- n' /
,'y j i;3 P J dw j w, ~ ~
- , m.p.y m 7.y>;7.g
- .n s ,.w . gr .t+: M.wA mvl qEy ;;s ~-%-). .
(. ..
,q% Y l ,
. 7 .e x T:: . JNWp.W
, we dat; 4 EDO -- GT96810
~
% ~ ;P.na- 3.:cmto, q f m; ;L, ?gg,. d q M m:$ p;5 w-e x:,M. .4 J,i; Q .:Mln% 4'$ @a w 4
. : . , m ? %, .
.o .yn
- n pv: ,
w e -. _ . . . , -
.q;pngsMI.
gikN;; . - a.;
pqy . AM, , +~ N4 ' -; , 'w n k d@d$d [ N %
nn d % ~,
,ig pQ[IsWe ,7s G3, 9pr p~g,g_ij.$%;;.y , g, fq,
[n. , .
, .+
y 4 * ,[ $ # * ..#4 ' II
[% ? g ,
, ^4
JEFF BINGAMAN 703 MART SENATE OFFIE BLDG.
%Ew MExcg WASHINGT 2 10-3103 IN NEW MERICD-1-800443-st%8
., TDD (2M 22G1792
~ ~ ~ ~ ~ ' ~ ~ " ~
Enited States 5tnatt October 17, 1996 Mr. Dennis K. Rathbun Director Nuclear Regulatory Commission Office of Congressional Affairs 1717 H Street Washington, D.C. 20555
Dear Mr. Rathbun:
I have received the enclosed letter from Mark E. Weidler, Secretary of the New Mexico Environment Department. He has expressed a concern about New Mexico's participation in the Agreement State Program.
l I would appreciate your attention in accommodating the needs of Secretary Weidler. Please look into this matter and report back directly to him with your findings. Please provide Hernan Ciudad in my office with a copy of your response.
- Thank you for your attention to this matter.
j Sincerely, 1
l l
1 l
Je - Bingam United Sta s Senator JB/hc Enclosure !
I i
I ALnUQUEROVE LAS CRUCES ROgWEn SANTA FE maimasm mosi s23-mei easi er2-ma mos - 7
.Y _) f
..y, '
. 9 0 '/ 0*. [*
- i. % State of New Mexico
. i k k ?
ENVIRONMENTDEPARTMENT Harold Runnels Building 1190 St. Francis Drive, P.O. Box 26110 kg}l Santa Fe, New Mexico 4754?O uAnxz.wswi.sa sscRsrARY 9605)827-285b GARY E. JOHNSON EDGAR T. THORNTON,111 COVERNOR DEPUTY SECRETAR Y September 18,1996 The Henorable Jeff Bingaman i United States Senator 703 Hart Senate Bldg.
Washington, D.C. 20515
Dear Senator Bingaman:
New Mexico became an Agreement State in 1974. The 1978 amendment to tne Atomic Energy Act requires the NRC to periodically review Agreement State Programs New Mexico's Radiation Control Program has always met the requirements to protect the public health and safety. Amendments to the New Mexico Radiation Protection Regulations, which became effective in May 1995, kept the state's program in compliance with NRC requirements.
Ilistorically, the NRC has maintained a continuing relationship with each Agreement State to assure i continued compatibility of the State's regulatory program and its adequacy to protect health and safety. l This relationship included, among other things, training of Agreement State regulatory staffs at no !
charge to the participants. Beginning October 1996, the NRC will begin charging the Agreement States such as New Mexico for all training needs. l New Mexico's Radiation Control Program is funded wholly from the State General Fund and monies are unavailable to support training programs for staff previously sponsored by NRC.
The Department believes that the minimal support (approximately $15,000 per year) provided to New Mexico through the States Agreement Program is a bargain for the NRC and should be continued.
Should the NRC be required to assume regulatory responsibility for the state byproduct programs based on rescission of the agreement, the cost to the NRC would be substantial compared to the minimal support now provided to New Mexico.
If financial assistance for Radiation Control Program personnel training is not restored New Mexico will have to look seriously at returning its entire Radiation Control program to the NRC. Such w action would undoubtedly lead to the closure of many of the State's smaller businesses licensed to possess and use radioactive materials, since they will be unable to conform to the NRC's ever-escalating fee schedule.
Your assistance in petitioning NRC to amend its policy and restore financial support for the training needs of the Agreement States is strongly encouraged and will be greatly appreciated.
Please contact Mr. Benito J. Garcia or Mr. William Floyd of my staff at (505) 827-1557 should you have any question
//
Sincerely, ,
/
Mar E. Weidler, Secretary New Mexico Environment Department MEW:Ir Attachment
QMWim PcMt% < yt'R'i??~R&"WtQ@QMMQVf;RM;:nmM%4W%x: 3 y am Nt p~ . e <
{
ma WO kg%g g%eyPyWpp4 &;w mg$, w&yhyp$pe&g$p$g}f W; .
f a .,a . .
&wNy W m.
& .h, p ] h. m a &g v a s y &m NhQ .le ?b . l l ; ,$m -MyrN A
u . Qmw n a ,. b e p@ u p pv p
h-h a.
. r 4 g i: Q NM4p x-
. ma ,@mm m
=M. q e@~,.aya @.
3 en e - w wum s s nw . m
}m%m ;yl(QQQy%%Q;fw.&G.:o&m%QQ,QQ?Q.
. a,7:,.; , _w ~s w , y eq.: sy ,.,, .:-~.>.
y :; :QQQ,,hl:,
pg.. y mx p yg p,y ?n. 2 s 4,3 p e , ,.. fx s .
,n
- y,. ..4 ,..p,.u ,' y+ ..
- 4,., Ju 9 ,, x' , .'
.c . .
~., y y&,g +
- ,4 7 g;
- u p> z',. /n,a., .
- * ..p , .e. .
y rm .p.,,.y a...
,7 r '(A ,
r , .
M . tS .e y'r[ . '= *6.,,f-a9rJ - @'3"'1 '[ 9*-y j a .
.,'g.A',$r ~-
>/.
1
_> u EXECUTIVE
......... ....TASK ......... NANAGEMENT.~SYSTEN . . . . . . , a 8 ,
I, s-4. . -
& < PRINT SCREEN UPDATE FORM >>> ,
)
TASK L. .?6E810 i DATE- 10/25/.96- NEIL CFRL. .1996 n .n.
no.
!, TASK Sth.RTED 4. TASK DUE .11/05/96.' nTASK COMPLETED -
,, ... ' , a~40/25/96 g e ,. , .
- ~ , Q. .%
s.
,.s
/ /
TASK.... DESCRIPTION
..........~
- ENCL LTR PROM MARK.E. .
WEIDLER, NEN NEXICO ENVIRONNNT
~ DEPT.~RE NEN MEXIOO'S ' PARTICIPATION IN TME A/S PROGRAN OFF.
........ING REQUEST ._......
SENATE REQUESTER
- SEN. BINGANAN WITS
- '0' FYP ...
- N
~
L TROG.- PERSON - STAFF LEAD -~1 i l' PROG. AREA -
- .... y -
1 =
- PROJECT STATUS . DUE OSP: 11/6/96 PLANNED ACC. -N l - DUE EDO:
REF. GT96795
'.1/?/M-#th l~ LEVEL CODE - 2 e
q [
N i
m' l
4 .
yg..
f
- a. .
I fj.y l l % g, - b.Y U -
s p /09
'4
.h
& 7
- b ,
, v.
p 1
+.
4 4
^f Aq
_M .
y
_'4t,^2 * $
2
- T. 8 '
1 ,. b ' i
.p . ,, W' ; .. "s -
[^,
, .e .y . n .s a 3. A , s s3
} ,- M n
, ,- i ( . , ,c M ,jg ..
I
? "o i m l- ,
, n z- ,
.s
.Q.Y2
, , w y , . h Ik:q .
- M s
- i '
?, . n. ~ a W i g%"% "l
- "' - 8 ~ .~~.' N
-'V
- !% ..;*'~- h ^Q & ' ?" " > L %t' '
' * ^
r b : 4 Ql T ' if &.q j, ' ' % '
2*'
ff ! ggh t
f hiY Q a%wQ
%y
. w:s u%%w W . .c ,W;% 'd p.
- A ,. r ww s; ~a . A. tw'w -
- e&G + e% MM. en m M e -+- un,"
- 4.O g%,wd% " W, A e v .
-a
,pD @$ N.7 M$$wd,'h %
.hd$,dkNN47
\;g% A & M r M y & twnO& w[$[ h..w.A 4 ju _ m uYhhwv r.f TMEM Qy$.Q M@MMMW@m!M Tdy% M5& A WM W# N ma,' gw h,A%w.n i +mw,w g M.n eg~w$ js?...w, w - -
t-g.y m &m.
't g,Y . 9.n cf &.6mhD lsY.:ln)LNf.
.h :l&$ , l%jTQ y,&. -[n& .
...yR ^^TJ' u . g. , w w -w , c- L.<- .
%gggpu,w hhhsh khMhkh ;w;wwy%khkhib yey.n_
,pyd.f h h h Y NT .
bhMkN, n bhhkk.hk n an Nh. a+k : khNONb,^k myn a[ n wkhhh h ,; O u
- p %
- s * % n ~Q % ~i*.~
. ..w~w n% zaa QM i. p a t g %'d w
- g w s$
ha* ; a.::p n w fe njn ,.h. n. hpm Thv u. g $a?hh h.4n,h- m_m: k' kh$ ' >
. 44,< . .
^f w~>
,_.ceg e c. *..a .a, .
n% M.. . w v.
m ,.m.. -
- hh >e -
)W p%}
no: .i?p LQg.MgIN.j,Y& g N g; Q; & _
- N tQw .
gt N , ,
p'Q.yy% Q fn yn%q.mgQ9.< fQw:=cM y'W f.gp hvV 7' % Qlf v f;: '