NRC CONSIDERING REQUEST BY VIRGINIA

NRC CONSIDERING REQUEST BY VIRGINIA TO BECOME AN “AGREEMENT STATE”

NRC NEWSU.S. NUCLEAR REGULATORY COMMISSION
Office of Public Affairs
Telephone: 301/415-8200
Washington, DC 20555-0001
E-mail: OPA.Resource@nrc.gov
www.nrc.gov

November 18, 2008

The Nuclear Regulatory Commission is considering a request from Virginia Gov. Timothy M. Kaine to assume part of the NRC’s regulatory authority over certain nuclear materials in the commonwealth. If the request is accepted, Virginia will become the 36th state to sign such an agreement with the NRC.

Under the proposed agreement, the NRC would transfer to Virginia the responsibility for licensing, rulemaking, inspection and enforcement activities for: (1) radioactive materials produced as byproducts from the production or utilization of special nuclear material (SNM--enriched uranium or plutonium); (2) naturally occurring or accelerator-produced byproduct material (NARM); (3) source material (uranium and thorium); and (4) SNM in quantities not sufficient to support a nuclear chain reaction.

If the proposed agreement is approved, it is estimated that there will be 420 total licenses in the Commonwealth of Virginia. NRC would transfer 386 licenses to the commonwealth’s jurisdiction. In addition, the commonwealth would retain regulatory authority for approximately 216 NARM licenses. Approximately 180 of these NARM licenses are dually regulated by Virginia and the NRC.

If the proposed agreement is approved, it is estimated that there will be 420 total Virginia commonwealth licenses. NRC would transfer 386 licenses to the commonwealth’s jurisdiction. In addition, the commonwealth would retain regulatory authority for approximately 216 NARM licenses. Approximately 180 of these NARM licenses are dually regulated by Virginia and the NRC.

By law, NRC would retain jurisdiction over commercial nuclear power plants and federal agencies using certain nuclear material in the state. In addition, NRC would retain authority for the review, evaluation and approval of sealed radioactive materials and devices containing certain nuclear materials within the state.

Before entering into the agreement, NRC must determine that Virginia’s radiation control program is adequate to protect public health and safety, and is compatible with the agency’s own program for regulating the radioactive materials covered in the agreement.

The proposed agreement and the NRC staff’s draft assessment of the Virginia program will be published for public comment soon in the Federal Register, and also will be published for comment thereafter, once a week for four consecutive weeks. Comments should be sent to Michael T. Lesar, Chief, Rules Review and Directives Branch, Division of Freedom of Information and Publications Services, Office of Administration, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.

Copies of the proposed agreement, the governor’s request and supporting documents, as well as the NRC staff’s assessment are available through the NRC’s Agency-wide Documents Access and Management System (ADAMS). Help in using ADAMS is available by contacting the NRC Public Document Room staff at 301-415-4737 or 1-800-397-4209, or by sending an e-mail message to PDR.Resource@nrc.gov. These documents are also available for public inspection at the NRC Public Document Room at 11555 Rockville Pike, Rockville, Maryland.

Thirty-five other states have previously signed such agreements with NRC. They are: Alabama, Arizona, Arkansas, California, Colorado, Florida, Georgia, Illinois, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Minnesota, Mississippi, Nebraska, Nevada, New Hampshire, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Utah, Washington, and Wisconsin.

More information about the Agreement State program is available on the NRC’s Web site at: http://nrc-stp.ornl.gov/.
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