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COMSECY-03-0046

September 30, 2003

MEMORANDUM TO: Chairman Diaz
Commissioner McGaffigan
Commissioner Merrifield
FROM: William D. Travers /RA/
Executive Director for Operations
SUBJECT: POTENTIAL AGREEMENT STATE POLICY ISSUES FROM AN NRC RESPONSE TO A CITIZEN'S QUESTIONS

Staff has prepared a response to Ms. Sarah Fields' (a Utah resident) questions on the policy and legal requirements of Agreement States adopting NRC guidance and policies once the Agreement States amend their agreements to include uranium milling. Ms. Fields' questions were prompted by an NRC response to questions from Mr. William J. Sinclair, Director, Division of Radiation Control, Utah Department of Environmental Quality, on the classification of 11e.(2) byproduct material at a uranium mill (Attachment 1 PDF Icon). The NRC response to the Ms. Fields' questions (Attachment 2 PDF Icon) has potential policy implications on the required acceptance of NRC policies and guidance by Agreement States in general.

The staff plans to proceed with the attached response to the citizen's questions in 10 working days unless directed otherwise by the Commission.

SECY, please track.

Attachments:
  1. Ltr. to W. J. Sinclair from P. H. Lohaus dated March 7, 2003 PDF Icon
  2. Draft Response to Ms. Fields PDF Icon

cc: SECY
OCA
OGC
OPA
CFO


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