Comment Request Letter on SA 400 "SA-400, "Management of Agreement State Program Performance Concerns" and SA 401 "Management of Agreement State Licensee Concerns"

UNITED STATES

NUCLEAR REGULATORY COMMISSION

WASHINGTON, D.C. 20555-0001

XX, 2017

ALL AGREEMENT STATES, VERMONT, WYOMING

OPPORTUNITY TO COMMENT ON OFFICE OF NUCLEAR MATERIAL SAFETY AND SAFEGUARDS PROCEDURES: DRAFT REVISION OF SA-400, “MANAGEMENT OF AGREEMENT STATE PROGRAM PERFORMANCE CONCERNS” AND DRAFT SA-401, “MANAGEMENT OF AGREEMENT STATE LICENSEE CONCERNS” (STC-17-0XX)

Purpose: To provide the Agreement States with an opportunity to comment on two related Office of Nuclear Material Safety and Safeguards (NMSS) (formerly the Office of Federal and State Materials and Environmental Management [FSME] Programs) procedures: (1) proposed revisions to SA-400, “Management of Agreement State Program Performance Concerns,” and (2) Draft SA-401, “Management of Agreement State Licensee Concerns.”

Background: SA-400, “Management of Agreement State Program Performance Concerns,” was revised to update current practices and incorporate lessons learned from the staff’s handling of Agreement State Program performance concerns. SA-400 was originally issued for State comment on April 10, 2015 (see STC-15-026 at https://scp.nrc.gov/asletters/program/sp15026.pdf). As a result of comments, discussion of Agreement State licensee concerns has been removed from SA-400, and a new procedure that focuses only on licensee concerns has been developed: SA-401, “Management of Agreement State Licensee Concerns.” SA-400 and SA-401 are being issued for State comment concurrently.

Discussion: Enclosed for your review and comment are two NMSS procedures, SA-400 and SA-401. Draft revision to SA-400, “Management of Agreement State Program Performance Concerns,” provides guidance on concerns involving the performance of Agreement State programs or their employees. Comments from the April 2015 draft revision of SA-400 were incorporated into the current proposed revision as applicable. The current draft revision of SA-400 is provided in red line strikeout format from the last revision in April 2015, along with a clean copy. Discussion of Agreement State licensee concerns has been removed from SA-400 and they are now covered separately in draft NMSS procedure SA-401, “Management of Agreement State Licensee Concerns.” The comment period for both of these document ends on [THIRTY DAYS FROM ISSUANCE OF STC]. Please e-mail comments to [email protected].¹

If you have any questions regarding this correspondence, please contact me at (301) 415-3340, your respective Regional State Agreement Officer, or the individual named below:

POINT OF CONTACT: Sarah L. Lopas E-MAIL: [email protected]

TELEPHONE: (301) 415-6360

Daniel S. Collins, Director

Division of Material Safety, State, Tribal

and Rulemaking Programs

Office of Nuclear Material Safety

and Safeguards

Enclosures:

1. SA-400, “Management of Agreement State

Program Performance Concerns”

2. SA-400, “Management of Agreement State

Program Performance Concerns” Redline Strikeout

3. SA-401, “Management of Agreement State Licensee Concerns”

SUBJECT: OPPORTUNITY TO COMMENT ON DRAFT REVISION TO OFFICE OF NUCLEAR
MATERIAL SAFETY AND SAFEGUARDS PROCEDURE SA-400, “MANAGEMENT
OF AGREEMENT STATE PERFORMANCE CONCERNS” (STC-17-0XX)

OFC	NMSS/MSTR/ASPB	NMSS/MSTR/ASPB	NMSS/MSTR/ASPB	NMSS/MSTR
NAME	SLopas		PMichalak	DCollins
DATE	5/15/17	7/ /17	7/ /17	7/ /17

OFFICIAL RECORD COPY

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