POLICY ISSUE

(Notation Vote)

March 31, 2006 SECY-06-0075

FOR: The Commissioners

FROM: Luis A. Reyes 

Executive Director for Operations /RA/

SUBJECT: TRANSFER OF MISSISSIPPI TO NRC REGION IV

PURPOSE: 

To request Commission approval to consolidate all interactions with the State of Mississippi to

Region IV.

BACKGROUND:

The State of Mississippi became an Agreement State on May 28, 1962 (27 FR 107), and was

under the oversight of the U.S. Atomic Energy Commission, now U.S. Nuclear Regulatory

Commission (NRC). In a Staff Requirements Memorandum (SRM) for SECY-95-175 dated

August 10, 1995, the Commission approved transfer of regional oversight responsibilities for

the Grand Gulf Nuclear Station from Region II to Region IV. In the SRM for SECY-03-0003

dated February 26, 2003, the Commission approved combining the radioactive materials

programs of Region I and Region II in Region I to maximize the efficiency of NRC staff and

resources. This realignment transferred the NRC regional workload associated with the

Mississippi Agreement State program to the NRC Region I office. 

DISCUSSION:

Mississippi is an Agreement State and regulates approximately 315 specific radioactive

materials licensees. Currently, the NRC Region I office located in King of Prussia,

Pennsylvania, is responsible for regulating five NRC radioactive material licensees in the State

of Mississippi. While the oversight of radioactive material licensees in Mississippi is

implemented by Region I staff, the Grand Gulf Nuclear Station is located in Vicksburg, 

CONTACT: Linda McLean, RIV

817-860-8116

Lloyd Bolling, STP

301-415-2327
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Mississippi, is regulated by Region IV. Further, due to the current regional layout, Region II

maintains some State Liaison and transportation accident responsibilities as well as contact

with the Federal Emergency Management Agency (FEMA) for some activities. 

Currently, the Director of the radiation control program in Mississippi must maintain contact with

the Region I office for radioactive materials licenses, with the Region IV office for reactor

related matters, and with Region II for transportation accidents and for some FEMA activities. 

This arrangement unnecessarily complicates interactions between the State and NRC. 

Consolidation of all Agency activities with Mississippi in Region IV would make interactions

between the NRC and the State substantially more efficient and effective.

There are five NRC radioactive materials licenses located in the State of Mississippi (e.g., U. S.

Army, Southern Mississippi Univ., Entergy Operations, Inc.). The work involved in the

radioactive materials program would add only minor additional cost or time to Region IV and is

an inconsequential loss of workload for Region I. In addition, Region IV, under a letter of

agreement with the Department of the Interior, has the responsibility for all off-shore inspections

in the Gulf of Mexico.

The State’s Director of the Department of Health, Division of Radiological Health, verbally

requested during a recent Integrated Materials Performance Evaluation Program Review, that

the NRC consider consolidating agency oversight of both radioactive materials and nuclear

power activities into the Region IV office located in Arlington, Texas. 

Currently, the two Regional State Agreements Officers (RSAOs) in Region IV have oversight of

15 Agreement States' programs with 16 agencies (the State of Texas has two separate

programs). The two RSAOs in Region I are responsible for 14 Agreement States with 17

different agencies (the State of New York has four separate programs). The transfer of the

Mississippi program to Region IV will not substantially increase the workloads for the two

RSAOs in Region IV.

The Mississippi radiation control program office is located in Jackson, Mississippi, which is

closer to Region IV than Region I. By having a regional office closer to the State program

offices, travel time will be decreased, and there should also be savings in travel costs, if travel

is needed. This savings is not expected to be substantial. Additionally, Region IV and

Mississippi are both in the Central Time zone; whereas, the Region I office is in the Eastern

Time zone. This should make communications more efficient.

The recent response to Hurricanes Katrina and Rita involved NRC staff from both Regions I

and IV. Communications and assistance to these States may have been easier to implement

with only one NRC lead office. Also, with the recent natural disasters that have occurred on the

Gulf coast, the area has received assistance from Region IV, which resulted in forming closer

relationships with nearby States. Region IV was in continuous contact with the three involved

States, providing a single point of contact which facilitated communications with the State which

helped to further improve communications with Mississippi. Also, from Department of

Homeland Security’s (DHS) perspective, the transfer of the NRC’s oversight of Mississippi’s

agreement state program to NRC Region IV is acceptable if the primary intent is to align this

oversight responsibility to the already existing NRC Region IV oversight of the nuclear reactor in

Mississippi.

The approval of this request and previously approved changes affect the geographical
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boundaries of NRC regional office responsibilities. Title 10 Code of Federal Regulations will

need to be changed to correctly reflect these changes, particularly in several Parts where the 

NRC regional office locations are specifically listed. Maps identifying NRC regional boundaries

will also need to be revised accordingly. 

RESOURCES:

No additional funding is needed.

COMMITMENTS:

Upon Commission approval, the staff will proceed with rulemaking as required to permanently

move regulatory responsibility for the State of Mississippi to Region IV. Should the Commission

choose not to move Mississippi to Region IV, the staff will review the existing polices and

procedures and make the necessary changes to facilitate a more effective and efficient working

relationship between the State of Mississippi and the NRC.

RECOMMENDATION:

Staff recommends that the Commission approve the formal transfer of Mississippi to Region IV.

COORDINATION:

The Office of the General Counsel has no legal objection to this paper. The Office of the Chief

Financial Officer has reviewed this Commission paper for resource implications and has no

objection.

/RA/

Luis A. Reyes

Executive Director

 for Operations
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The approval of this request and previously approved changes affect the geographical

boundaries of NRC regional office responsibilities. Title 10 Code of Federal Regulations will

need to be changed to correctly reflect these changes, particularly in several Parts where the 

NRC regional office locations are specifically listed. Maps identifying NRC regional boundaries

will also need to be revised accordingly. 

RESOURCES:

No additional funding is needed.

COMMITMENTS:

Upon Commission approval, the staff will proceed with rulemaking as required to permanently

move regulatory responsibility for the State of Mississippi to Region IV. Should the Commission

choose not to move Mississippi to Region IV, the staff will review the existing polices and

procedures and make the necessary changes to facilitate a more effective and efficient working

relationship between the State of Mississippi and the NRC.

RECOMMENDATION:

Staff recommends that the Commission approve the formal transfer of Mississippi to Region IV.

COORDINATION:

The Office of the General Counsel has no legal objection to this paper. The Office of the Chief

Financial Officer has reviewed this Commission paper for resource implications and has no

objection.

/RA/

Luis A. Reyes

Executive Director

 for Operations

Distribution:

DIR RF 

EDO RF

DOCUMENT NAME: G:\LAB\Final MS Comm Paper

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OFFICE STP RIV:RSAO STP:DD RIV:DNMS:D RIV:RA RI:DNMS:D

NAME LABolling:kk LMcLean

(via E-Mail)

DKRathbun

(JRSchlueter for)

(DMSollenberger for)

LDWert

(via E-Mail from

LMcLean)

(via E-Mail)

BSMallett

(via E-Mail from

LMcLean)

(via E-Mail)

GCPangburn

(via E-Mail from

LMcLean)

(via E-Mail)

DATE 2/14/06

3/3/06

12/5/05

3/6/06

2/15/06

3/3/06

1/31/06

3/6/06

1/31/06

3/8/06

1/31/06

3/23/06

OFFICE RI:RA RII:RA OGC NMSS:D CFO

NAME SJCollins

(via E-Mail from

LMcLean)

(GPangburn via 

E-Mail for)

WDTravers

(via E-Mail from L. Plisco

for)

SATreby JRStrosnider JLFunches

(LBarnett for)

(RHesselink via E-Mail

for)

DATE 1/31/06

3/23/06

3/9/06 1/25/06

3/7/06

1/18/06

3/14/06

2/17/06

3/17/06

OFFICE STP:D NSIR NSIR:D DEDMRS EDO

NAME JRSchlueter ELeeds (via E-Mail) RZimmerman 

(via E-Mail)

MJVirgilio LAReyes

DATE 2/15/06

3/28/06

03/30/06 03/30/06 03/31/06 03/31/06
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