**SAMPLE COMMENT LETTER FOR PROPOSED STATE REGULATIONS**

**WITH COMMENTS**

\[Name, Title\]

\[Address\]

Dear \[Name\]:

We have reviewed the proposed changes to the \[State Name\] regulations
\[identify the regulations using the title or description given by the
State\], received by our office on \[Date\]. These regulations 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 regulations required for compatibility and/or health and safety.
Under our current procedure, a finding that the \[State Name\]
regulations meet the compatibility and health and safety categories of
the equivalent NRC regulation may only be made based on a review of the
final \[State Name\] regulations. However, we have determined that if
your proposed regulations were adopted, 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 the proposed regulations are adopted and published
as final regulations, a copy of the Aas published@ regulations be
provided to us for review. As requested in FSME Procedure SA-201,
AReview of State Regulatory Requirements,@ please highlight the final
changes, 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/157092.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 *\[State\]* PROPOSED REGULATIONS**

+---+---------+------------+-------+---------+-------------------------+
| * |         | **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 | N/A     | 30.35(g),  | 1     | H&S     | **Financial assurance   |
|   |         | 40.36(f)   | 996-3 |         | and recordkeeping for   |
|   |         |            |       |         | decommissioning**       |
|   |         | 70.25(g)   |       |         |                         |
|   |         |            |       |         | \[State\] has omitted   |
|   |         |            |       |         | 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 | \[State | 20.1003    | 2     | A       | **Definitions**         |
|   | cit     |            | 002-2 |         |                         |
|   | ation\] |            |       |         | \[State=s\] proposed    |
|   |         |            |       |         | definition of Apublic   |
|   |         |            |       |         | dose@ fit test@ omits   |
|   |         |            |       |         | the phrase 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 | \[State | 20.1003    | 1     | B       | **Definitions**         |
|   | cit     |            | 999-3 |         |                         |
|   | ation\] |            |       |         | \[State=s\] proposed    |
|   |         |            |       |         | definition of Afit      |
|   |         |            |       |         | test@ omits the phrase  |
|   |         |            |       |         | Aor 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 | \[State | 20.1401    | 1     | C       | **General provisions    |
|   | cit     |            | 997-6 |         | and scope**             |
|   | ation\] |            |       |         |                         |
|   |         |            |       |         | \[State\] has omitted   |
|   |         |            |       |         | the requirements of     |
|   |         |            |       |         | 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.            |
+---+---------+------------+-------+---------+-------------------------+