ML070220167
| ML070220167 | |
| Person / Time | |
|---|---|
| Site: | Davis Besse  |
| Issue date: | 01/11/2007 |
| From: | O'Claire C State of OH, Dept of Public Safety |
| To: | Lickus R NRC/RGN-III |
| References | |
| 07112201 | |
| Download: ML070220167 (5) | |
Text
Ted Strickland, Governor Nancy J. Dragani Acting Director Administration Nancy J. Draganl Executive Director Emergency Management Agency Emergency Medical Services Division Emergency Management Agency Oflice of Criminal Justice Services 2855 West Dublin-Granville Road Ohio Homeland Security Columbus, Ohio 43235-2206 Ohio Slate Highway Patrol www.ema.ohio.gov OHIO DEPARTMENT OF PUBLIC SAFETY SAFETY RIOTECnON Bureau of Motor Vehicles Ohio Invesligalive Unit (614) 889-7150 January 11,2007 Mr. Roland Lickus, Chief State and Government Affairs for Region I11 Nuclear Regulatory Commission 2443 Wmensville Road Lisle, 1L 60605-435 1
Dear Mr. Lickus:
This letter request permission to observe the NRC inspection related to Effluents (IP 71 12201) at Davis-Besse, scheduled for the week of January 22-26,2007. Robert Leidy of the Ohio Department of Health has been selected by the Utility Radiological Safety Board to be the designated observer. Mr. Leidy has not obtained unescorted access authorization; therefore, a plant escort will be necessary. Coordination will be with Mr. John Cassidy, lead Regional NRC inspector.
Enclosed is a copy of Mr. Leidys signed NRC/State Protocol Statement.
Sincerely, CAROL OCLAIRE State Liaison Officer COC/rlh Enclosure Mission Statement to save lives, reduce injuries and economic bss, to adminisfer Ohios mofor vehicle laws and to preserve the safety and well being of a// citizens with the most cost-effective and servicedenfed methods available.
RECEIVED JAN 2 2 2897
Protocol Agreement for State Observation of NRC Inspections NRC Protocol:
The Regional State Liaison Officer (RSLO) will normally be the lead individual responsible for tracking requests for State observation, assuring consistency regarding these requests, and for advising the Regional Administrator on the dispositions of these requests. The appropriate technical representative or Division Director will communicate with the State on specific issues concerning the inspections(s).
Requests for observations of Headquarter-based inspections will also be coordinated through the RSLO. Headquarters-based inspections should be referred through the RSLO to a technical representative designated by the Region.
NRC will process written requests to the Regional Administrator through the State Liaison Officer (SLO). Requests should identify the type of inspection activity and facility the State wishes to observe.
Limits on scope and duration of the observation period may be imposed if, in the view of the Regional Administrator, they compromise the efficiency or effectiveness of the inspection.
Regions should use their discretion as to which, if any, inspections will be excluded from observations.
State will be informed they must not release information concerning the time and purpose of unannounced inspections.
The Region will make it clear to the licensee that the State views are not necessarily endorsed by NRC. The Region will also make it clear that only NRC has regulatory authority for inspection findings and enforcement actions regarding radiological health and safety.
2 State Protocol:
A State will make advance arrangements with the licensee for site access training and badging (subject to fitness for duty requirements), prior to the actual inspection.
Normally, no more than one individual will be allowed to observe an NRC inspection.
The State will be responsible for determining the technical and professional competence of its representatives who accompany NRC inspectors.
An observer's communication with the licensee will be through the appropriate NRC team member, usually the senior resident inspector or the team leader.
When informed of an unannounced inspection, a State must not release information concerning its time and purpose.
An observer will remain in the company of NRC personnel throughout the course of the inspec tion.
State observation may be terminated by the NRC if the observer's conduct interferes with a fair and orderly inspection.
An observer will not be provided with proprietary or safeguards information. Observers will not remove any material from the site without NRC or licensee approval.
The State observer, in accompanying the NRC inspectors, does so at his or her own risk.
NRC will not be responsible for injuries or exposures to harmful substances which may occur to the accompanying individual during the inspection and will assume no liability for any incidents associated with the accompaniment.
3 The State observer will be expected to adhere to the same conduct as NRC inspectors during an inspection accompaniment.
If the State observer notices any apparent non-conformance with safety or regulatory requirements during the inspections, he/she will make those observations promptly known to the NRC team leader or lead inspector. Likewise, when overall conclusions or views of the State observer are substantially different from those of the NRC inspectors, the State will advise the team leader or lead inspector and forward those views, in writing, to the NRC Region. This will allow NRC to take any necessary regulatory actions.
Under no circumstances should State communications regarding these inspections be released to the public or the licensee before they are reviewed by the NRC and the inspection report is issued. State communications may be made publicly available, similar to NRC inspection reports, after they have been transmitted to and reviewed by NRC.
Adjacent State Protocol:
An adjacent State is a State within the plume exposure pathway emergency planning zone (EPZ) (within approximately a 1 0-mile radius) of an NRC-licensed facility located in another State. A host State is a State in which an NRC-licensed facility is located. An adjacent State may request permission to observe NRC inspections at an NRC-licensed facility in a host State The adjacent State SLO must communicate hidher request for observation to the Regional Administrator for the region in which the facility is located.
The adjacent State SLO must also communicate hisher request to the host State SLO so that each State is aware of the other's intentions.
If a host State and an adjacent State request observation of the same inspection, the Regional Administrator will make the final determination on the number of State observers who may attend the inspection. If there is a
4 need to limit the numbers of obsuvers, the Regional Administrator will routinely give preference to the host State observers.
Adjacent State observers will abide by the same protocol in all aspects of the inspection as host States under this agrement.