[ RadSafe ] If they really want a SNF repository...

[Bailey, Pete]

The NRC has jurisdiction because the RAM came from an NRC licensed facility . . .
 . . .Agreement State Program excludes Nuclear Power Plants
 . . .however, that set up does not exclude States (Agreement or otherwise)
       from inspecting/controlling the transport of NRC Licensed material once
       it leaves the Licensee's control (boundary/property line).


-----Original Message-----
From: radsafe-bounces at health.phys.iit.edu [mailto:radsafe-bounces at health.phys.iit.edu] On Behalf Of Glenn R. Marshall
Sent: Friday, September 24, 2010 2:36 PM
To: The International Radiation Protection (Health Physics) Mailing List
Subject: Re: [ RadSafe ] If they really want a SNF repository...

I believe Indian reservations are considered separate entities from the agreement states in which they are located.  The NRC would have regulatory jurisdiction while somehow treating the Indian tribe as a sovereign government of itself.  Is that correct?

 
Glenn Marshall, CHP, RRPT

-----Original Message-----
From: radsafe-bounces at health.phys.iit.edu [mailto:radsafe-bounces at health.phys.iit.edu] On Behalf Of Clayton J Bradt
Sent: Friday, September 24, 2010 2:17 PM
To: radsafe at health.phys.iit.edu
Cc: hotgreenchile at gmail.com
Subject: Re: [ RadSafe ] If they really want a SNF repository...

Actually, Utah has been an Agreement State since 1984.


Clayton J. Bradt
Principal Radiophysicist
NYS Dept. of Health
Biggs Laboratory, Room D486A
Empire State Plaza
Albany, NY 12201-0509

518-474-1993



> ------------------------------
>
> Message: 4
> Date: Thu, 23 Sep 2010 16:25:38 -0600
> From: Dan W McCarn <hotgreenchile at gmail.com>
> Subject: Re: [ RadSafe ] If they really want a SNF repository...
> To: "'Jerry Cohen'" <jjcohen at prodigy.net>,   "'The International
>    Radiation Protection \(Health Physics\)   MailingList'"
>    <radsafe at health.phys.iit.edu>
> Message-ID: <5AE8DDFA43FE43CFAD68C79ED800896C at DocHolidayII>
> Content-Type: text/plain;   charset="us-ascii"
>
> Hi Jerry:
>
> That was in Utah about 5 or 6 years ago: a Native American tribe had
wanted
> the income from a temporary storage facility for HL waste.  The 10th
Circuit
> Court of Appeals heard the case.  The State of Utah wanted to ask for an
> exceedingly high fee to allow the temporary site to go forward, and sued
to
> allow that. Since Utah is not an Agreement State, the NRC was the
> responsible licensing authority, and the 10th Circuit Court upheld the
NRC's
> right to handle licensing.
>
> I don't have the docket number, but if you are interested, I could find
it.
>
> Dan ii
>
> --
> Dan W McCarn, Geologist
> 108 Sherwood Blvd
> Los Alamos, NM 87544-3425
> +1-505-672-2014 (Home - New Mexico)
> +1-505-670-8123 (Mobile - New Mexico)
> HotGreenChile at gmail.com (Private email) HotGreenChile at gmail dot com
>
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