**SAMPLE COMMENT LETTER FOR LEGALLY BINDING REQUIREMENTS INCLUDING
LICENSE CONDITIONS, WITH COMMENTS**

\[Name, Title\]

\[Address\]

Dear \[Name\]:

We have reviewed the \[State Name\] legally binding requirements
\[identify the legally binding condition description given by the
State\], received by our office on \[Date\]. These requirements were
reviewed by comparison to the equivalent Nuclear Regulatory Commission
(NRC) rules in 10 CFR Parts \[List the appropriate 10 CFR Parts\] and
the requirements of the \[number submitted\] amendments identified in
the enclosed State Regulation Status (SRS) Data Sheet. We discussed our
review of the regulations with \[name of State person contacted\] on
\[Date\].

As a result of our review, we have \[number\] comments that have been
identified in the enclosure. Please note that we have limited our review
to the legally binding requirements required for compatibility and/or
health and safety. We have determined that if these requirements are
revised, incorporating our comments and without other significant
change, they would meet the compatibility and health and safety
categories established in the Office of Federal and State Materials and
Environmental Management Programs (FSME) Procedure SA-200.

We request that when you revise your legally binding requirements to
address our comments, a copy of the revised legally binding requirements
be provided to us for review. As requested in FSME Procedure SA-201,
AReview of State Regulatory Requirements,@ please highlight the location
of any changes made by \[State\], in response to our comments, and
provide a copy to Division of Materials Safety and State Agreements,
FSME.

The SRS Data Sheet summarizes our knowledge of the status of other
\[State Name\] regulations, as indicated. Please let us know if you note
any inaccuracies, or have any comments on the information contained in
the SRS Data Sheet. This letter, including the SRS Data Sheet, is posted
on the FSME website: <http://nrc-stp.ornl.gov/rulemaking.html>.

If you have any questions regarding the comments, the compatibility and
health and safety categories, or any of the NRC regulations used in the
review, please contact \[name\] State Regulation Review Coordinator at
\[phone number\] (email: [id@nrc.gov]{.underline}) or \[Name of reviewer
or other contact\] at \[phone number\] (email: <id@nrc.gov>).

> Sincerely,
>
> \[Name\], Deputy Director
>
> Division of Materials Safety and State Agreements
>
> Office of Federal and State Materials and Environmental Management
> Programs

Enclosures:

As stated

**\[Concurrence Page**\]

Enclosures: As stated

[Distribution]{.underline}:

DIR RF (**\[Tracking number\]**) **[SUNSI Review Complete]{.underline}**

DCD (SP05)  Publicly Available G Non-Publicly Available

**\[Name\]**, RSAO  Non-Sensitive G Sensitive

**\[Name\]**, POC **\[State\]** File

**DOCUMENT NAME:
/media/pszemraj/PeterTrove/project-files/DATA/ms-word-files/big-DOC/278270.doc
ML of Incoming Document: ML**

**To receive a copy of this document, indicate in the box:** \"**C**\" =
Copy without attachment/enclosure \"**E**\" = Copy with
attachment/enclosure \"**N**\" = No copy

  -------- -------------- -- ----------------- -- ------------ -- ---------- ---- ---------- --
  OFFICE                     ASPB                 OGC             ASPB:BC         MSSA:DD    

  NAME     \[REVIEWER\]      \[COORDINATOR\]      \[LEGAL         \[BRANCH        \[DEPUTY   
                                                  COUNSEL\]       CHIEF\]         DIR\]      

  DATE     \[DATE\]          \[DATE\]             \[DATE\]        \[DATE\]        \[DATE\]   
  -------- -------------- -- ----------------- -- ------------ -- ---------- ---- ---------- --

**ML \[number\] OFFICIAL RECORD COPY**

**COMPATIBILITY COMMENTS ON *\[State\]* LEGALLY BINDING REQUIREMENT**

+---+---------+------------+-------+---------+-------------------------+
| * |         | **NRC      | *     | **CAT   | **SUBJECT and           |
| * |         | SECTION**  | *RATS | EGORY** | COMMENTS**              |
| S |         |            | ID**  |         |                         |
| T |         |            |       |         |                         |
| A |         |            |       |         |                         |
| T |         |            |       |         |                         |
| E |         |            |       |         |                         |
| S |         |            |       |         |                         |
| E |         |            |       |         |                         |
| C |         |            |       |         |                         |
| T |         |            |       |         |                         |
| I |         |            |       |         |                         |
| O |         |            |       |         |                         |
| N |         |            |       |         |                         |
| * |         |            |       |         |                         |
| * |         |            |       |         |                         |
+===+=========+============+=======+=========+=========================+
| 0 | State   | NRC        | See   | Compat  | **\[CFR TITLE\]**       |
|   | or SSR  | citation   | State | ibility |                         |
|   | c       |            | Regul |         | Description of comment  |
|   | itation |            | ation | Cat     |                         |
|   |         |            | S     | egories | Action State must take  |
|   |         |            | tatus | from    | to meet compatibility.  |
|   |         |            | Sheet | SA-200  |                         |
|   |         |            |       |         | **Examples below**      |
|   |         |            |       | A, B,   |                         |
|   |         |            |       | C, NRC  |                         |
|   |         |            |       | or H&S  |                         |
+---+---------+------------+-------+---------+-------------------------+
| 1 | legally | 30.35(g),  | 1     | H&S     | **Financial assurance   |
|   | binding | 40.36(f)   | 996-3 |         | and recordkeeping for   |
|   | requ    |            |       |         | decommissioning**       |
|   | irement | 70.25(g)   |       |         |                         |
|   |         |            |       |         | \[State\] has omitted   |
|   | #1      |            |       |         | requirements for the    |
|   |         |            |       |         | transfer of records     |
|   |         |            |       |         | pertaining to           |
|   |         |            |       |         | decommissioning in      |
|   |         |            |       |         | their regulations.      |
|   |         |            |       |         |                         |
|   |         |            |       |         | \[State\] needs to      |
|   |         |            |       |         | adopt the essential     |
|   |         |            |       |         | objectives of the       |
|   |         |            |       |         | requirements for the    |
|   |         |            |       |         | transfer of             |
|   |         |            |       |         | decommissioning records |
|   |         |            |       |         | to the new licensee to  |
|   |         |            |       |         | meet the Category H&S   |
|   |         |            |       |         | designation assigned to |
|   |         |            |       |         | Section 30.35(g),       |
|   |         |            |       |         | 40.36(f), and 70.25(g). |
+---+---------+------------+-------+---------+-------------------------+
| 2 | legally | 20.1003    | 2     | A       | **Definitions**         |
|   | binding |            | 002-2 |         |                         |
|   | requ    |            |       |         | \[State=s\] definition  |
|   | irement |            |       |         | of Apublic dose@ fit    |
|   |         |            |       |         | test@ omits the phrase  |
|   | #2      |            |       |         | Adoes not include       |
|   |         |            |       |         | occupational dose@      |
|   |         |            |       |         | compared to NRC=s       |
|   |         |            |       |         | definition              |
|   |         |            |       |         |                         |
|   |         |            |       |         | \[State\] needs to add  |
|   |         |            |       |         | the phrase to \[state   |
|   |         |            |       |         | citation\] to meet the  |
|   |         |            |       |         | Compatibility Category  |
|   |         |            |       |         | A designation assigned  |
|   |         |            |       |         | to Section 10 CFR       |
|   |         |            |       |         | 20.1003.                |
+---+---------+------------+-------+---------+-------------------------+
| 3 | legally | 20.1003    | 1     | B       | **Definitions**         |
|   | binding |            | 999-3 |         |                         |
|   | requ    |            |       |         | \[State=s\] definition  |
|   | irement |            |       |         | of Afit test@ omits the |
|   |         |            |       |         | phrase Aor              |
|   | #3      |            |       |         | quantitatively@         |
|   |         |            |       |         | compared to NRC=s       |
|   |         |            |       |         | definition. Fit tests   |
|   |         |            |       |         | should also have        |
|   |         |            |       |         | protocols to provide    |
|   |         |            |       |         | quantitative results.   |
|   |         |            |       |         |                         |
|   |         |            |       |         | \[State\] needs to add  |
|   |         |            |       |         | the phrase to \[state   |
|   |         |            |       |         | citation\] to meet the  |
|   |         |            |       |         | Compatibility Category  |
|   |         |            |       |         | B designation assigned  |
|   |         |            |       |         | to Section 10 CFR       |
|   |         |            |       |         | 20.1003.                |
+---+---------+------------+-------+---------+-------------------------+
| 4 | legally | 20.1401    | 1     | C       | **General provisions    |
|   | binding |            | 997-6 |         | and scope**             |
|   | requ    |            |       |         |                         |
|   | irement |            |       |         | \[State\] has omitted   |
|   |         |            |       |         | the requirements of     |
|   | #4      |            |       |         | paragraph (d). This     |
|   |         |            |       |         | requirement mandates    |
|   |         |            |       |         | that the peak annual    |
|   |         |            |       |         | TEDE be calculated for  |
|   |         |            |       |         | the first 1,000 years   |
|   |         |            |       |         | after termination of    |
|   |         |            |       |         | the license. This       |
|   |         |            |       |         | requirement is          |
|   |         |            |       |         | important in            |
|   |         |            |       |         | determining the         |
|   |         |            |       |         | potential exposure to   |
|   |         |            |       |         | members of the public.  |
|   |         |            |       |         |                         |
|   |         |            |       |         | \[State\] needs to add  |
|   |         |            |       |         | this paragraph to       |
|   |         |            |       |         | \[State citation\] to   |
|   |         |            |       |         | meet the Compatibility  |
|   |         |            |       |         | Category C designation  |
|   |         |            |       |         | assigned to Section 10  |
|   |         |            |       |         | CFR 20.1401.            |
+---+---------+------------+-------+---------+-------------------------+