ML20135B403

Responds to Re NRC Conduct of Investigation in New York State.Info Provided Highlights Need to Consider Addl NRC Procedures in Subj Area

ML20135B403
Person / Time
Issue date:	11/19/1996
From:	Shirley Ann Jackson, The Chairman NRC COMMISSION (OCM)
To:	Sweeney J LABOR, DEPT. OF
Shared Package
ML20135B405	List: ML20135B403 ML20135B420
References
NUDOCS 9612050008
Download: ML20135B403 (2)

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%,4 UNITED STATES NUCLEAR REGULATORY COMMISSION o-E o

WASHINGTON, D.C. 2056A001 n

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November 19, 1996

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CHARMAN l

i Mr. John E. Sweeney

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Commissioner of Labor j

State of New York Department of Labor State Office Building Campus Building 12, Room 500 Albany, New York 12240

Dear Commissioner Sweeney:

I am responding to your letter of July 18, 1996, regarding the Nuclear j

Regulatory Commission's (NRC's) conduct of investigations in New York State.

i The NRC, as a Federal agency, has jurisdiction to conduct investigations of j

its licensees' activities in all States, including Agreement States.

Nevertheless, I believe that the information you provided highlights the need to consider additional NRC procedures in this area.

The NRC conducts investigations and inspections in order to determine whether NRC licensees are in compliance with NRC requirements.

In the case that I referenced in my June 3,1996 letter, the issue involved a potential violation of NRC requirements by an NRC licensee. Our Office of Investigations (01) was investigating alleged false statements made by an NRC licensee that the NRC-licensed material in question was located in Pennsylvania. Based on information suggesting that the sources actually were lor.ated in New York, it was necessary, in 01's judgment, to ascertain the actual location of the sources in order to complete its investigation.

This is in contrast to the case raised in your letter of July 18, 1996, in which New York State had informed the NRC of numerous instances where an NRC licensee had entered New York State without filing the required notices or obtaining the required approval of your Radiological Health Unit. As we both agree, NRC has no jurisdiction in this case because it concerns compliance with New York State requirements rather than those of the NRC. However, because an NRC licensee's failure to comply with an Agreement State's l

requirements may be indicative of failure to comply with NRC regulations while conducting business in non-Agreement States, it is important that timely exchanges of information should occur between the NRC and Agreement States.

The Commission appreciates your Radiological Health Unit's efforts to keep us informed in this matter.

As a result of this case, the NRC staff is developing guidance that can be used to improve communication about, and coordination of, respective NRC and Agreement State inspection, investigation, and enforcement actions when NRC

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licensees violate Agreement State requirements and when Agreement State q

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CORRESPONDENCE PDR iM

John E. Sweeney 3 licensees violate NRC requirements. The staff also will be developing guidance that documents the current practice of informing the Agreement State of any issue having immediate public health and safety significance within the i

State. Matters not of an immediate public health and safety significance under the State's regulatory authority which are discovered in the course of any NRC investigation or inspection of an NRC licensee in an Agreement State will, however, continue to be treated on a case-by-case basis. Depending upon the individual case circumstances and the need to maintain confidentiality of an investigation, Agreement States will be notified as soon as practicable.

The NRC staff will coordinate the development of the proposed procedures with f

the Agreement States.

NRC continues to be available to meet with you to discuss further the specific i

I circumstances of the case to which your correspondence referred, including any enforcement action taken within NRC jurisdiction.

Please contact i

Richard L. Bangart, Director, Office of State Programs, at 301/415-3340,-to i

arrange such a meeting or to discuss this letter.

i Sincerely,

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y Shirley Ann Jackson 1

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