ML120610757

Ohio Dept of Public Safety/Permission to Observe the NRC Inspection at Perry Nuclear Power Plant Scheduled for March 26-30, 2012/Letter

ML120610757
Person / Time
Site:	Perry
Issue date:	02/28/2012
From:	Bear M State of OH, Public Safety
To:	Allan Barker NRC/RGN-III/ORA/SGAS
References
Download: ML120610757 (3)

Text

OHIO DEPARTMENT John R. Kaolch, Governo' ".", Thomas P. Charles, Director

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• Bureau of Motor Vehicles * '

• Emergency Management Agency

• Emergency Medical Services Emergency Management Agency

• Office of Criminal Justice Services 2855 West Dublin-Granville Road

• Ohio Homeland Security Columbus, Ohio 43235-2206

• Ohio Investigative Unit (614) 889-7150

• Ohio State Highway Patrol www.ema.ohio.gov February 28,2012 Mr. Allan Barker State and Government Affairs for Region III Nuclear Regulatory Commission 2443 Warrensville Road Lisle, Illinois 60605-4351

Dear Mr. Barker:

This letter requests permission to observe the NRC inspection concerning an Occupational Dose Assessment and Radiation Monitoring Instrumentation and other areas related to radiation protection at Perry Nuclear Power Plant scheduled for March 26-30,2012.

Mr. Robert Leidy of the Ohio Department of Health has been selected by the Utility Radiological Safety Board to be the designated observer.

Coordination will be made with the NRC Inspector, Martin Phalen. Mr. Leidy has obtained unescorted access authorization; therefore, a plant escort will not be necessary.

Enclosed is a copy of Mr. Leidy's signed NRC/State Protocol Statement.

Sincerely, State Liaison Officer MB/lbo Enclosure Mission "to save lives, reduce injuries and economic loss, to administer Ohio's motor vehicle laws and to preseNe the and well being of all citizens with the most cost-effective and seNice-criented methods available RECEiVED MAR 0 2 2012

'.. 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 wi.ll 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 idcntify the type of inspection activity and facility the State wishes to l)bserve. 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 orthe inspection.

Regions should use their discretion as to which, if any, inspections will bc excluded from observations, State will be informed they must not release infoonation cOllcerning the time and purpose of unannounced inspectiolls. 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. State Protocol: A State will make advance arrangements with the licensee for site uccess tmining and badging (subject to fitness for duty requirements), prior to the actual inspection. NOn1lally, no more than one individual wil! be allowed to observe an NRC inspectioll. The State will be responsible tor deten11ining 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 leam 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 N RC pcrsonnelthrollghoul the course of the inspection. Slale observation may be temllnated 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 infol111ation.

Observers will not remove any malerial 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. The State observer will be expected to adhere to tbe same conduct as NRC inspectors during an inspection accompaniment. [rthe State observer notices any apparent non-confomlance 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 ofthe NRC inspectors, the Slate will advise the team leader or lead inspector and forward those views, in writing, to the NRC Region. This will allow NRC 10 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 Stale within the plume exposure pathway emergency planning zone (EPZ) (within approximately a IO-mile radius) of an NRC-licensed facili'y 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 hislher request for observation to the Regional Administrator for the region in which the tacilit)'

is located. ll1e adjacem Stale SLO must also communicate his/her request to the host State SLO so that each State is aware of the other's intentions. I f a host State and an adjacent Slate request observation of the same inspection, the Regional Administrator will make the final determination on the number orState observers who may attend the inspection.

If there is a need to limit the numbers of observers, the Regional Administrator will routinely give preference to the host State observers. Adjacent Slate observers will abide by the same protocol in all aspects of the inspection as host States under this agreement.

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