consideration of michigan pursuing an nrc agreement a discussion with stakeholders march 2, 2007

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Consideration of Consideration of Michigan Michigan Pursuing an NRC Pursuing an NRC Agreement Agreement A Discussion with A Discussion with Stakeholders Stakeholders March 2, 2007 March 2, 2007

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Page 1: Consideration of Michigan Pursuing an NRC Agreement A Discussion with Stakeholders March 2, 2007

Consideration of Consideration of Michigan Michigan

Pursuing an NRC Pursuing an NRC Agreement Agreement A Discussion with A Discussion with

StakeholdersStakeholdersMarch 2, 2007March 2, 2007

Page 2: Consideration of Michigan Pursuing an NRC Agreement A Discussion with Stakeholders March 2, 2007

Presenters:Presenters:

Jim Sygo, Deputy Director, DEQJim Sygo, Deputy Director, DEQ

Jan Christensen, Deputy Jan Christensen, Deputy Director, DCHDirector, DCH

George Bruchmann, DEQGeorge Bruchmann, DEQ

Thor Strong, DEQThor Strong, DEQ

Sheri Minnick, NRCSheri Minnick, NRC

Page 3: Consideration of Michigan Pursuing an NRC Agreement A Discussion with Stakeholders March 2, 2007

DEQ/DCH Work GroupDEQ/DCH Work Group

DEQDEQ

Thor StrongThor Strong

517-241-1252517-241-1252

Robert Robert SkowronekSkowronek

517-241-1253517-241-1253

T.R. WentworthT.R. Wentworth

517-241-1438517-241-1438

DCHDCH

Tom FreeburyTom Freebury

517-241-1968517-241-1968

Bruce MatkovichBruce Matkovich

517-241-1993517-241-1993

Don ParryDon Parry

517-241-1986517-241-1986

Page 4: Consideration of Michigan Pursuing an NRC Agreement A Discussion with Stakeholders March 2, 2007

Goals for TodayGoals for Today

Present Case for an Agreement StatePresent Case for an Agreement State Provide Stakeholders an Opportunity Provide Stakeholders an Opportunity

for Commentfor Comment Solicit Stakeholder Support and Solicit Stakeholder Support and

CommitmentCommitment Obtain Volunteers for an Advisory Obtain Volunteers for an Advisory

CommitteeCommittee

Page 5: Consideration of Michigan Pursuing an NRC Agreement A Discussion with Stakeholders March 2, 2007

What is an Agreement What is an Agreement State?State?

Section 274(b) of Atomic Energy Act Section 274(b) of Atomic Energy Act provides for transfer of certain NRC provides for transfer of certain NRC authority to states.authority to states.

State chooses to assume authority over State chooses to assume authority over any of these categories:any of these categories: Radioactive Materials - Section 11e(1)(2)(3)(4)Radioactive Materials - Section 11e(1)(2)(3)(4) Source MaterialsSource Materials Special Nuclear Materials (small quantities)Special Nuclear Materials (small quantities) Low-Level Radioactive Waste DisposalLow-Level Radioactive Waste Disposal Sealed Sources and Device Safety EvaluationsSealed Sources and Device Safety Evaluations

Page 6: Consideration of Michigan Pursuing an NRC Agreement A Discussion with Stakeholders March 2, 2007

What is an Agreement What is an Agreement State?State?

Section 274(b) of Atomic Energy Act Section 274(b) of Atomic Energy Act provides for transfer of certain NRC provides for transfer of certain NRC authority to states.authority to states.

State chooses to assume authority over State chooses to assume authority over any of these categories:any of these categories: Radioactive Materials - Section 11e(1Radioactive Materials - Section 11e(1) ) (2) (2) (3) (3)

(4)(4) Source MaterialsSource Materials Special Nuclear Materials (small quantities)Special Nuclear Materials (small quantities) Low-Level Radioactive Waste DisposalLow-Level Radioactive Waste Disposal Sealed Sources and Device Safety EvaluationsSealed Sources and Device Safety Evaluations

Page 7: Consideration of Michigan Pursuing an NRC Agreement A Discussion with Stakeholders March 2, 2007

What is an Agreement What is an Agreement State?State?

For the categories included in For the categories included in Agreement:Agreement:

State becomes responsible for all State becomes responsible for all phases of regulatory oversight: phases of regulatory oversight: licensing, inspection, enforcement, licensing, inspection, enforcement, decommissioning;decommissioning;

State sets and retains own fees; State sets and retains own fees; NRC periodically evaluates state’s NRC periodically evaluates state’s

performance.performance.

Page 8: Consideration of Michigan Pursuing an NRC Agreement A Discussion with Stakeholders March 2, 2007

AGREEMENT STATES

                                                                                                                                                                                                                                                                                    

AGREEMENT STATES

Page 9: Consideration of Michigan Pursuing an NRC Agreement A Discussion with Stakeholders March 2, 2007

AdvantagesAdvantages

To the Licensee:To the Licensee: Better service;Better service; Regulatory Agency more Regulatory Agency more

accessible and responsive;accessible and responsive; Regulatory authority centered Regulatory authority centered

in one agency, rather than in one agency, rather than two or three;two or three;

Reduced Annual Fees.Reduced Annual Fees.

Page 10: Consideration of Michigan Pursuing an NRC Agreement A Discussion with Stakeholders March 2, 2007

AdvantagesAdvantages

To the State:To the State:Greater capability to deal Greater capability to deal

with all radiation issues, with all radiation issues, incidents, threats;incidents, threats;

Individual programs Individual programs strengthened;strengthened;

Fees remain in state.Fees remain in state.

Page 11: Consideration of Michigan Pursuing an NRC Agreement A Discussion with Stakeholders March 2, 2007

Disadvantages Cited in Disadvantages Cited in Some Agreement StatesSome Agreement States

Fees not necessarily Fees not necessarily reduced for all licensees;reduced for all licensees;

Some Agreement States Some Agreement States have more restrictive rules;have more restrictive rules;

Growing pains;Growing pains;Lots of work!Lots of work!

Page 12: Consideration of Michigan Pursuing an NRC Agreement A Discussion with Stakeholders March 2, 2007

How to Become an How to Become an Agreement StateAgreement State

Letter of Intent from the Letter of Intent from the GovernorGovernor

Statute/Rules Revisions needed Statute/Rules Revisions needed to meet NRC criteriato meet NRC criteria

Adequate StaffingAdequate Staffing Adequate Training and ExpertiseAdequate Training and Expertise 4-5 Year Process.4-5 Year Process.

Page 13: Consideration of Michigan Pursuing an NRC Agreement A Discussion with Stakeholders March 2, 2007

Key Conditions for Proceeding Key Conditions for Proceeding With Agreement State ProposalWith Agreement State Proposal

Better protection of the public;Better protection of the public; Better responsiveness to licensees – Better responsiveness to licensees –

efficacy;efficacy; Better synergy of resources – efficiency;Better synergy of resources – efficiency; Operate program at a lower cost (than Operate program at a lower cost (than

NRC);NRC); Share cost savings with licensees as much Share cost savings with licensees as much

as possible.as possible.

Page 14: Consideration of Michigan Pursuing an NRC Agreement A Discussion with Stakeholders March 2, 2007

Our Proposed StrategyOur Proposed Strategy

Time LineTime Line StaffingStaffing Agreement State Program Agreement State Program

Funding NeedsFunding Needs Program Development Program Development

Funding ConceptFunding Concept

Page 15: Consideration of Michigan Pursuing an NRC Agreement A Discussion with Stakeholders March 2, 2007

TimelineTimelineAn aggressive timeline to finalize an An aggressive timeline to finalize an NRC Agreement in 4 – 5 years.NRC Agreement in 4 – 5 years.

Letter of Intent – May, 2007Letter of Intent – May, 2007 Introduction of Legislation – May, 2007Introduction of Legislation – May, 2007 Program Consolidation – late 2007Program Consolidation – late 2007 Submittal of Application – August, 2010Submittal of Application – August, 2010 Signing of an Agreement – Sept. 2011Signing of an Agreement – Sept. 2011

Page 16: Consideration of Michigan Pursuing an NRC Agreement A Discussion with Stakeholders March 2, 2007

StaffingStaffing Adequate, well-trained staff is a Adequate, well-trained staff is a

prerequisite to signing an prerequisite to signing an AgreementAgreement

Current Program Staff: 3.5 FTEsCurrent Program Staff: 3.5 FTEs Projected Additional Program Staff: Projected Additional Program Staff:

10 FTEs (8 tech., 2 admin. support)10 FTEs (8 tech., 2 admin. support) 2.25 FTEs per 100 licensees;2.25 FTEs per 100 licensees; Added staff to be hired 2008-2011;Added staff to be hired 2008-2011; Tech. Staff must be trained prior to Tech. Staff must be trained prior to

submitting Agreement Application.submitting Agreement Application.

Page 17: Consideration of Michigan Pursuing an NRC Agreement A Discussion with Stakeholders March 2, 2007

Program FinancingProgram Financing

Assure that a State Program Assure that a State Program can be conducted for lower can be conducted for lower costs than that of NRC’s.costs than that of NRC’s.

Other Agreement States Other Agreement States program costs are less than that program costs are less than that of NRC’s; annual fees often less;of NRC’s; annual fees often less;

Most licensees will pay less;Most licensees will pay less; Retain Small Entity discount and Retain Small Entity discount and

Academic Fee exemptions.Academic Fee exemptions.

Page 18: Consideration of Michigan Pursuing an NRC Agreement A Discussion with Stakeholders March 2, 2007

$4,800

$3,641

$2,700

$1,762

$0

$500

$1,000

$1,500

$2,000

$2,500

$3,000

$3,500

$4,000

$4,500

$5,000

MEDICAL PRIVATE PRACTICE -LIMITED

MEASURING SYSTEMS PORTABLEGAUGES

FY 2007 Annual Fees for NRC and the Average of Some Agreement States

NRC

Average of WI,OH, IA, MN

Page 19: Consideration of Michigan Pursuing an NRC Agreement A Discussion with Stakeholders March 2, 2007

Comparison of FeesComparison of Fees(if Michigan was an Agreement (if Michigan was an Agreement

State)State)FeeFee

CategoryCategory

NRC FeeNRC Fee

20072007MI FeeMI Fee

2007 (est.)2007 (est.)

Medical Medical Broad Broad ScopeScope

$28,800$28,800 18,70018,700

NuclearNuclear

PharmacyPharmacy11,80011,800 7,7007,700

Med. Med. Private Private

PracticePractice

4,8004,800 3,1003,100

Page 20: Consideration of Michigan Pursuing an NRC Agreement A Discussion with Stakeholders March 2, 2007

Program Start-up Program Start-up FundingFunding

Develop a Funding Mechanism Develop a Funding Mechanism that is limited, reasonable and that is limited, reasonable and equitable.equitable.

NRC provides no funding – State must NRC provides no funding – State must develop a functional and capable develop a functional and capable program before signing Agreement;program before signing Agreement;

State will not provide start-up funds;State will not provide start-up funds; Recommending a four year interim Recommending a four year interim

fee system.fee system.

Page 21: Consideration of Michigan Pursuing an NRC Agreement A Discussion with Stakeholders March 2, 2007

Interim Fee StructureInterim Fee Structure

WI used a fixed percentage of WI used a fixed percentage of NRC fees each year for 4 years;NRC fees each year for 4 years;

We propose:We propose:Fixed fee for 4 years - based on Fixed fee for 4 years - based on

percentage of NRC fee in Year 1 percentage of NRC fee in Year 1 (2007)(2007)

Fee will generate $ Fee will generate $ 849,400/year 849,400/year

Page 22: Consideration of Michigan Pursuing an NRC Agreement A Discussion with Stakeholders March 2, 2007

Interim FeeInterim Fee

NRC License NRC License CategoryCategory

2007 2007

NRC FeeNRC FeeInterim Interim

Fee Fee (39%)(39%)

Interim Interim Fee Fee

TotalTotal

Medical Medical Broad Broad ScopeScope

$28,800$28,800 11,20011,200 44,80044,800

Nuclear Nuclear

PharmacyPharmacy$11,800$11,800 4,6004,600 18,40018,400

Med. Med. Private Private PracticePractice

$4,800$4,800 1,9001,900 7,6007,600

Page 23: Consideration of Michigan Pursuing an NRC Agreement A Discussion with Stakeholders March 2, 2007

Financial SummaryFinancial Summary

Assuming comparable cost increases Assuming comparable cost increases for both NRC and State, State fees in for both NRC and State, State fees in 2012 will be 32% less than 2012 will be 32% less than comparable NRC fees;comparable NRC fees;

Most licensees will recoup their Most licensees will recoup their interim fee expenditures in less than 4 interim fee expenditures in less than 4 years;years;

If NRC fees remained at 2007 levels, If NRC fees remained at 2007 levels, MI fees in 2012 would still be 9% less.MI fees in 2012 would still be 9% less.

Page 24: Consideration of Michigan Pursuing an NRC Agreement A Discussion with Stakeholders March 2, 2007

TrainingTraining

Need to train staff quickly but Need to train staff quickly but fully.fully.

Use NRC courses as needed; take Use NRC courses as needed; take advantage of “space available” spots;advantage of “space available” spots;

Sponsor NRC courses in MichiganSponsor NRC courses in Michigan Shadow NRC inspectors – doing so now;Shadow NRC inspectors – doing so now; Visit other Agreement States;Visit other Agreement States; Work with MI licensees to identify other Work with MI licensees to identify other

opportunities.opportunities.

Page 25: Consideration of Michigan Pursuing an NRC Agreement A Discussion with Stakeholders March 2, 2007

NRCNRC

Sheri MinnickSheri Minnick

Regional Government Regional Government Liaison Liaison Officer, Officer, Region Region 3, Lisle, IL3, Lisle, IL

630-829-9659630-829-9659

[email protected]@nrc.gov

Page 26: Consideration of Michigan Pursuing an NRC Agreement A Discussion with Stakeholders March 2, 2007

Agreement State Agreement State QuestionsQuestions

Contact: Contact:

James Lynch, Regional James Lynch, Regional Agreement Agreement State Officer, State Officer, NRC Region 3NRC Region 3

630-829-9661630-829-9661

[email protected]@nrc.gov

Page 27: Consideration of Michigan Pursuing an NRC Agreement A Discussion with Stakeholders March 2, 2007

Energy Policy Act of Energy Policy Act of 20052005

Contact: Contact:

Kevin Null, Senior Health Kevin Null, Senior Health Physicist, NRC Physicist, NRC

Region 3 Region 3

at 630-829-9854at 630-829-9854

[email protected]@nrc.gov

Page 28: Consideration of Michigan Pursuing an NRC Agreement A Discussion with Stakeholders March 2, 2007

““I believe that all good things I believe that all good things come to those who wait – come to those who wait – provided they work provided they work feverishly while they are feverishly while they are waiting.”waiting.”

Dale KleinDale KleinNRC ChairmanNRC Chairman

Page 29: Consideration of Michigan Pursuing an NRC Agreement A Discussion with Stakeholders March 2, 2007

Questions and Questions and DiscussionDiscussion