ML25090A086
| ML25090A086 | |
| Person / Time | |
|---|---|
| Issue date: | 04/07/2025 |
| From: | Tamara Bloomer NRC/NMSS/DMSST/ASPB |
| To: | Eckstein C State of IN, Dept of Homeland Security |
| References | |
| Download: ML25090A086 (1) | |
Text
Courtney Eckstein, Radiation Program Director Indiana Department of Homeland Security 302 W Washington Street, Room E-208 Indianapolis, IN 46204-2739
SUBJECT:
INDIANA ANTICIPATED FINAL AGREEMENT DATE ADUSTMENT
Dear Courtney Eckstein:
The purpose of this letter is to provide you with the status of your request to become an Agreement State and the impacts of current delays on your requested timeline. In the letter of intent to become an Agreement State submitted by Indiana on June 11, 2021 (ML21166A134),
it was anticipated to have a final Agreement soon after January 1, 2026. Based on current application activities, the Nuclear Regulatory Commission (NRC) believes that the final Agreement will likely occur beyond January 1, 2026.
Following the receipt of the letter of intent, Indiana and the NRC staff have been actively engaged in preparing Indiana to assume regulatory authority for radioactive materials not involved in energy production. Indiana has been actively hiring and training staff, preparing legislation and regulations, and developing program procedures for the draft request for an Agreement as outlined in NRC Procedures, Processing an Agreement State Agreement (SA)
Procedure SA-700. NRC has been providing Indiana staff training along with guidance drafting the Agreement program elements. Currently the draft request is under the NRC review and will be returned to Indiana with comments for implementation in preparation of the formal request.
As outlined in SA-700 (ML22138A414) following receipt of NRC comments, the next step is for Indiana to submit its formal request for an Agreement. That formal request must include completed State regulations. The NRC cannot transfer regulatory authority to the Agreement State until the State has Statutes and regulations giving it authority to regulate radioactive materials specified in the Agreement. During a recent monthly Agreement status meeting between Indiana and the NRC, Indiana indicated that regulations will likely not be completed for 6-9 months. Therefore, Indiana will not submit its formal request for an Agreement until fall 2025 at the earliest.
Once the NRC receives the formal request for an Agreement, several steps as outlined in SA-700 will take place including a staff assessment, Commission papers, Federal agency notifications, and Federal Register Notifications. According to the Handbook for Processing Agreement Procedure SA-700, the goal is to process a request for an Agreement in about 1 year from receipt of the formal request and letter of certification from the Governor. While there are many stages in the process where the actual time may be less that what is stated in the Handbook, some steps are time bound and cannot be reduced. The NRC staff will work to expedite each stage to help achieve a timely Agreement, however with the delay in anticipated April 7, 2025
C. Eckstein 2
receipt of the formal request, it is unlikely that the Indiana Agreement will be effective as anticipated in the June 11, 2021, letter.
Please feel free to contact me if you would like to discuss more details related to the adjustment in schedule for the Indiana Agreement.
Sincerely, Tamara Bloomer, Acting Director Division of Materials Safety, Security, State, and Tribal Programs Office of Nuclear Material Safety and Safeguards Signed by Bloomer, Tamara on 04/07/25
ML25090A086 OFFICE NMSS/MSST/SLPB NMSS/MSST/SMPB OCIO/DIME RES/DSA/AAB NAME SFlaherty AGiantelli DSilberfeld TBloomer DATE Mar 31, 2025 Apr 1, 2025 Apr 2, 2025 Apr 4, 2025 OFFICE NMSS RES/DSA/AAB NAME JLubinski TBloomer DATE Apr 7, 2025 Apr 7, 2025