POLICY ISSUE

NOTATION VOTE

January 13, 2006 SECY-06-0012

FOR: The Commissioners

FROM: Luis A. Reyes

Executive Director for Operations 

SUBJECT: SECTION 274b AGREEMENT WITH THE STATE OF MINNESOTA 

PURPOSE:

To request Commission approval of the proposed Agreement with the State of Minnesota.

BACKGROUND: 

The Governor of Minnesota requested that the Commission enter into an Agreement under

Section 274b of the Atomic Energy Act of 1954, as amended (Act). The Commission, through

SECY-05-0170, “Proposed Agreement Between the State of Minnesota and the Commission

Pursuant to Section 274 of the Atomic Energy Act of 1954, as Amended,” agreed to publish a

notice of the proposed Agreement (Enclosure 1) in the Federal Register (FR). The notice was

published as required by the Act and comments were requested. The public comment period

ended on December 9, 2005, and no comments were received. 

In SECY-05-0170, staff presented a draft of its assessment of the Minnesota Agreement and

discussed the statutory and policy background of the Agreement State program. The

Commission approved the staff’s recommendation to proceed with processing the State of

Minnesota Agreement application in the Staff Requirements Memorandum (SRM) dated

November 3, 2005. As required by Section 274e of the Act, the proposed Agreement was

published in the FR on November 9, 2005 (70 FR 68102), November 16, 2005 (70 FR 69609),

November 23, 2005 (70 FR 70894) and November 30, 2005 (70 FR 71863). The full text of the

staff assessment was made available at the U.S. Nuclear Regulatory Commission’s (NRC)

Agencywide Documents Access and Management System (ADAMS) and Public Electronic

Reading Room.

CONTACTS: Kathleen Schneider, STP

415-2320

Aaron McCraw, STP

415-1277

SECY PAPER TO BE RELEASED TO PUBLIC 5 DAYS AFTER DISPATCH OF LETTER TO

THE GOVERNOR.
The Commissioners -2-

The Agreement will allow the State of Minnesota to assume regulatory authority for: 

(1) byproduct materials as defined in 11e.(1) of the Act; (2) source materials; and (3) special

nuclear materials in quantities not sufficient to form a critical mass. Minnesota is not seeking

authority to: (a) conduct safety evaluations of sealed sources and devices manufactured in

Minnesota and distributed in interstate commerce; (b) regulate the disposal of low-level

radioactive waste at a land disposal site as described in 10 CFR Part 61; or (c) regulate 

11e.(2) byproduct material resulting from the extraction or concentration of source material 

from ore processed primarily for its source material content, and its management and disposal.

DISCUSSION:

(1) Public Comments

No comments on the proposed Agreement were received as of the date of this paper. The

comment period expired on December 9, 2005. 

(2) SECY-05-0170

In the November 2, 2005, Staff Requirements Memorandum, the Commission directed the staff

to address two editorial changes in the Draft Staff Assessment. These changes were

addressed and are reflected in the version of the Draft Staff Assessment referenced in the FR

notice on the proposed Agreement.

(3) Transfer of Licenses 

Currently, there are approximately 150 NRC licensees in Minnesota. Staff has identified 

approximately 150 licenses that will be transferred to the State in whole or in part. NRC will

retain one license which was issued to a Federal agency. 

Staff is working with the Minnesota Radiation Control Unit (RCU) staff to effect a smooth

transition. The staff has coordinated with the RCU staff on current or pending licensing,

inspection, and enforcement activities involving the licenses to be transferred, to assure the

smooth continuation of regulatory actions after the transfer. 

(4) Actions Pending Against Licensees to be Transferred

The Office of Investigations has one pending investigation which may result in an escalated

enforcement action against a Minnesota licensee. The Region III office anticipates that this

case will be referred to the Office of Enforcement (OE) for final action before the Agreement

becomes effective; however, final resolution of this case remains with NRC and may occur after

the Agreement becomes effective. OE has no other current or pending enforcement actions or

confirmatory action letters against licensees.

(5) Effective Date of the Agreement

The NRC and RCU staffs have targeted March 31, 2006, as the effective date for the

Agreement. As noted in SECY-05-0170, Minnesota staff indicated that they do not want

Minnesota licensees to receive two fee bills during the year the Agreement is effective. 

Therefore, Minnesota staff indicated that, if the Agreement effective date is after March 31,

2006, Minnesota would request NRC to delay the effective date until September 1, 2006, to

eliminate billing of Minnesota licensees by both NRC and Minnesota. To meet the March 31,
The Commissioners -3-

2006, effective date, and provide adequate time for signing of the Agreement, an orderly

transfer of files, and assumption of authority by Minnesota, it would be most efficient if the

Commission would issue the SRM on this paper by February 17, 2006.

IMPLEMENTATION:

Following execution of the Agreement, staff will continue a program of active interaction with the

new Agreement State. The program consists of the exchange of regulatory information, notices

of NRC training courses, and periodic on-site reviews of the State’s program for regulation of

Agreement materials. The regulatory information exchange includes reports of incidents,

significant enforcement actions, and amendments to policies, regulations, or guidance. 

Communications are generally more frequent with a new Agreement State during the first few

years after the Agreement is signed. 

An orientation meeting between NRC and RCU staff will be tentatively scheduled for nine

months after the effective date of the Agreement to discuss the initial program implementation. 

The first Integrated Materials Performance Evaluation Program (IMPEP) review of the

Minnesota Agreement State program will be tentatively scheduled for 18 months after the

effective date of the Agreement. Subsequent routine IMPEP reviews will occur at 4-year 

intervals. The interval may be shortened if performance weaknesses are identified during

routine reviews or other interactions with the State.

In addition, by way of a memorandum dated December 9, 2005, the staff informed the

Commission that the State of Minnesota committed to issue, inspect, and enforce the increased

controls for Minnesota licensees at the time the Section 274b Agreement becomes effective.

If approved by the Commission, Minnesota will bring the number of Agreement States to 34. 

RESOURCES:

Resources for transfer of licenses are allocated within the current NRC budget.

COORDINATION:

This paper has been coordinated with the Office of the General Counsel, which has no legal

objection. The Office of the Chief Financial Officer has reviewed this paper for resource

implications and has no objections. Staff has obtained concurrence from the Office of

Management and Budget that this action does not constitute a “major rule” under the Small

Business Regulatory Enforcement and Fairness Act of 1996 (SBREFA). 

RECOMMENDATIONS:

That the Commission:

1. Find: 

a. That the proposed Minnesota program for the regulation of byproduct material,

source material, and special nuclear material in quantities not sufficient to form

a critical mass is compatible with the Commission’s program for the regulation

of like material; and
The Commissioners -4-

b. That the proposed Minnesota program is adequate to protect public health and

safety within the State with respect to the materials and uses covered by the

proposed Agreement. 

2. Approve: 

a. The proposed Agreement between the State of Minnesota and the NRC 

pursuant to Section 274 of the Act, as set forth in Enclosure 1. 

b. The proposed Agreement by February 17, 2006, if practicable, to afford

adequate time for the signing of the Agreement, the orderly transfer of license

files, and the assumption of regulatory authority by Minnesota on March 31,

2006.

3. Note:

a. The Governor of Minnesota does not desire to sign the Agreement in a formal

ceremony. Three formal copies of the Agreement will be provided, upon

approval by the Commission, for signature by the Chairman then forwarded for

signature by the Governor of Minnesota. 

b. Pursuant to the Act, SBREFA and Commission guidance, the Speaker of

the House of Representatives, the President of the Senate, the Minnesota

Congressional delegation and the director of the General Accounting Office

will be informed of the Commission’s decision. 

c. The Office of Public Affairs will issue a press release.

d. The text of the Agreement will be published in the FR as required by

Section 274e of the Act, within 30 days after the Agreement is signed 

(Enclosure 4).

/RA/

Luis A. Reyes

Executive Director

 for Operations

Enclosures:

1. Proposed Agreement 

2. NRC Staff Assessment of the Minnesota Program

3. Draft Letter to Minnesota Governor 

4. Draft Federal Register Notice of Agreement Signing
The Commissioners -4-

b. That the proposed Minnesota program is adequate to protect public health and

safety within the State with respect to the materials and uses covered by the

proposed Agreement. 

2. Approve: 

a. The proposed Agreement between the State of Minnesota and the NRC 

pursuant to Section 274 of the Act, as set forth in Enclosure 1. 

b. The proposed Agreement by February 17, 2006, if practicable, to afford

adequate time for the signing of the Agreement, the orderly transfer of license

files, and the assumption of regulatory authority by Minnesota on March 31,

2006.

3. Note:

a. The Governor of Minnesota does not desire to sign the Agreement in a formal

ceremony. Three formal copies of the Agreement will be provided, upon

approval by the Commission, for signature by the Chairman then forwarded for

signature by the Governor of Minnesota. 

b. Pursuant to the Act, SBREFA and Commission guidance, the Speaker of

the House of Representatives, the President of the Senate, the Minnesota

Congressional delegation and the director of the General Accounting Office

will be informed of the Commission’s decision. 

c. The Office of Public Affairs will issue a press release.

d. The text of the Agreement will be published in the FR as required by

Section 274e of the Act, within 30 days after the Agreement is signed 

(Enclosure 4).

/RA/

Luis A. Reyes

Executive Director

 for Operations

Enclosures:

1. Proposed Agreement 

2. NRC Staff Assessment of the Minnesota Program

3. Draft Letter to Minnesota Governor 

4. Draft Federal Register Notice of Agreement Signing

Distribution:

DIR RF EDO RF

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 OFFICIAL RECORD COPY
ENCLOSURE 1

PROPOSED AGREEMENT 

BETWEEN NRC AND 

THE STATE OF MINNESOTA
Agreement Between 

The United States Nuclear Regulatory Commission 

and 

The State of Minnesota

for the 

Discontinuance of Certain Commission Regulatory Authority 

and

Responsibility Within the State Pursuant to

 Section 274 of the Atomic Energy Act of 1954, as Amended

WHEREAS, The United States Nuclear Regulatory Commission (hereinafter referred to as the

Commission) is authorized under Section 274 of the Atomic Energy Act of 1954, as amended

(hereinafter referred to as the Act), to enter into agreements with the Governor of any State

providing for discontinuance of the regulatory authority of the Commission within the State

under Chapters 6, 7, and 8, and Section 161 of the Act with respect to byproduct materials as

defined in Sections 11e. (1) and (2) of the Act, source materials, and special nuclear materials

in quantities not sufficient to form a critical mass; and,

WHEREAS, The Governor of the State of Minnesota is authorized under §144.1202, 

Subdivision 1, Minnesota Statutes, to enter into this Agreement with the Commission; and,

WHEREAS, The Governor of the State of Minnesota certified on July 6, 2004, that the State of

Minnesota (hereinafter referred to as the State) has a program for the control of radiation

hazards adequate to protect public health and safety with respect to the materials within the

State covered by this Agreement, and that the State desires to assume regulatory responsibility

for such materials; and,

WHEREAS, The Commission found on [ ] that the program of the State for the regulation of

the materials covered by this Agreement is compatible with the Commission’s program for the

regulation of such materials and is adequate to protect public health and safety; and,
2

WHEREAS, The State and the Commission recognize the desirability and importance of

cooperation between the Commission and the State in the formulation of standards for

protection against hazards of radiation and in assuring that State and Commission programs for

protection against hazards of radiation will be coordinated and compatible; and,

WHEREAS, The Commission and the State recognize the desirability of the reciprocal

recognition of licenses, and of the granting of limited exemptions from licensing of those

materials subject to this Agreement; and,

WHEREAS, This Agreement is entered into pursuant to the provisions of the Act; 

NOW, THEREFORE, It is hereby agreed between the Commission and the Governor of the

State acting in behalf of the State as follows:

ARTICLE I

Subject to the exceptions provided in Articles II, IV, and V, the Commission shall discontinue,

as of the effective date of this Agreement, the regulatory authority of the Commission in the

State under Chapters 6, 7, and 8, and Section 161 of the Act with respect to the following

materials:

A. Byproduct materials as defined in Section 11e. (1) of the Act;

B. Source materials;
3

C. Special nuclear materials in quantities not sufficient to form a critical mass.

ARTICLE II

This Agreement does not provide for discontinuance of any authority and the Commission shall

retain authority and responsibility with respect to:

A. The regulation of the construction and operation of any production or utilization facility or

any uranium enrichment facility;

B. The regulation of the export from or import into the United States of byproduct, source,

or special nuclear materials, or of any production or utilization facility;

C. The regulation of the disposal into the ocean or sea of byproduct, source, or special

nuclear materials waste as defined in the regulations or orders of the Commission;

D. The regulation of the disposal of such other byproduct, source, or special nuclear

materials as the Commission from time to time determines by regulation or order should,

because of the hazards or potential hazards thereof, not be so disposed without a

license from the Commission;

E. The evaluation of radiation safety information on sealed sources or devices 

containing byproduct, source, or special nuclear materials and the registration of the 

sealed sources or devices for distribution, as provided for in regulations or orders of 

the Commission;
4

F. The regulation of the land disposal of byproduct, source, or special nuclear materials 

waste received from other persons;

G. The extraction or concentration of source material from source material ore and the

management and disposal of the resulting byproduct material. 

ARTICLE III

With the exception of those activities identified in Article II, paragraphs A through D, this

Agreement may be amended, upon application by the State and approval by the Commission,

to include one or more of the additional activities specified in Article II, paragraphs E, F and G, 

whereby the State may then exert regulatory authority and responsibility with respect to those

activities and materials.

ARTICLE IV

Notwithstanding this Agreement, the Commission may from time to time by rule, regulation, or

order, require that the manufacturer, processor, or producer of any equipment, device,

commodity, or other product containing source, byproduct, or special nuclear materials shall not

transfer possession or control of such product except pursuant to a license or an exemption

from licensing issued by the Commission.
5

ARTICLE V

This Agreement shall not affect the authority of the Commission under subsection 161b or 161i

of the Act to issue rules, regulations, or orders to protect the common defense and security, to

protect restricted data, or to guard against the loss or diversion of special nuclear materials.

ARTICLE VI

The Commission will cooperate with the State and other Agreement States in the formulation of

standards and regulatory programs of the State and the Commission for protection against

hazards of radiation and to assure that Commission and State programs for protection against

hazards of radiation will be coordinated and compatible. The State agrees to cooperate with

the Commission and other Agreement States in the formulation of standards and regulatory

programs of the State and the Commission for protection against hazards of radiation and to 

assure that the State’s program will continue to be compatible with the program of the

Commission for the regulation of materials covered by this Agreement. 

The State and the Commission agree to keep each other informed of proposed changes in their

respective rules and regulations, and to provide each other the opportunity for early and

substantive contribution to the proposed changes.

The State and the Commission agree to keep each other informed of events, accidents, and

licensee performance that may have generic implication or otherwise be of regulatory interest.
6

ARTICLE VII

The Commission and the State agree that it is desirable to provide reciprocal recognition of

licenses for the materials listed in Article I licensed by the other party or by any other

Agreement State. Accordingly, the Commission and the State agree to develop appropriate

rules, regulations, and procedures by which such reciprocity will be accorded.

ARTICLE VIII

The Commission, upon its own initiative after reasonable notice and opportunity for hearing to

the State, or upon request of the Governor of the State, may terminate or suspend all or part of

this Agreement and reassert the licensing and regulatory authority vested in it under the Act if

the Commission finds that (1) such termination or suspension is required to protect public

health and safety, or (2) the State has not complied with one or more of the requirements of

Section 274 of the Act. The Commission may also, pursuant to Section 274j of the Act,

temporarily suspend all or part of this Agreement if, in the judgement of the Commission, an

emergency situation exists requiring immediate action to protect public health and safety and

the State has failed to take necessary steps. The Commission shall periodically review this

Agreement and actions taken by the State under this Agreement to ensure compliance with

Section 274 of the Act which requires a State program to be adequate to protect public health

and safety with respect to the materials covered by this Agreement and to be compatible with

the Commission’s program.
7

ARTICLE IX

This Agreement shall become effective on [date], and shall remain in effect unless and until

such time as it is terminated pursuant to Article VIII.

Done at Rockville, Maryland, in triplicate, this ____ day of _______, 2006.

FOR THE UNITED STATES NUCLEAR 

REGULATORY COMMISSION

_________________________________

Nils J. Diaz, Chairman

Done at St. Paul, Minnesota, in triplicate, this ____ day of _______, 2006.

FOR THE STATE OF MINNESOTA

___________________________________ 

Tim Pawlenty, Governor
ENCLOSURE 2

NRC STAFF ASSESSMENT

OF THE MINNESOTA PROGRAM
1

Agreement materials are those radioactive materials covered by the Act over which

regulatory authority may be transferred to a State under provisions of Section 274.

2

NRC Statement of Policy published in the Federal Register, January 23, 1981

(46 FR 7540-7546), a correction was published July 16, 1981 (46 FR 36969) and a revision of

Criterion 9 published in the Federal Register, July 21, 1983 (48 FR 33376).

ASSESSMENT OF THE PROPOSED

MINNESOTA PROGRAM FOR THE REGULATION OF AGREEMENT MATERIALS

AS DESCRIBED IN THE REQUEST FOR AN AGREEMENT

This Assessment prepared by the U.S. Nuclear Regulatory Commission (NRC) staff examines

the proposed Minnesota Program with respect to the ability of the program to regulate the

possession, use, and disposal of radioactive materials subject to the Atomic Energy Act of 1954

(Act), as amended.1

 This Assessment was performed using the criteria in the Commission’s

policy statement “Criteria for Guidance of States and NRC in Discontinuance of NRC

Regulatory Authority and Assumption Thereof by States Through Agreement” (referred to below

as the “criteria”)2

 using an internal procedure developed by the Office of State and Tribal

Programs (STP). Each criterion, and the staff assessment related thereto, is addressed

separately below.

OBJECTIVES

3. Protection. A State regulatory program shall be designed to protect the health

and safety of the people against radiation hazards.

The proposed Minnesota Program for regulating agreement materials would be located

within the existing Radiation Control Unit (RCU) of the Section of Asbestos, Indoor Air,

Lead, and Radiation, in the Division of Environmental Health, an organizational unit of

the Minnesota Department of Health (MDH). MDH’s current radioactive materials

program has responsibility for registration, inspection, emergency response, and fee

collection for naturally-occurring or accelerator-produced radioactive materials (NARM). 

The RCU also has responsibility for the regulation of electronic product radiation and

non-ionizing radiation at academic, medical, and industrial facilities. The RCU also

conducts environmental sampling statewide and near the two Minnesota nuclear power

plants. Under the proposed Agreement, the RCU would assume responsibility for

licensing and inspecting byproduct, source, and small quantities of special nuclear

material.

An Intra-Agency Agreement between the RCU and the Public Health Laboratory within

the MDH has been established to provide laboratory analysis of radioactive material

samples. In addition, an Interagency Agreement between the MDH and the University

of Minnesota, Department of Environmental Health and Safety, ensures that the RCU

has radiological waste disposal support.
2

The authority to issue, amend, suspend, or revoke licenses, place conditions and to

issue orders or assess administrative fines is vested by Statute in the Commissioner of

the MDH.

The NRC staff review verified that the Minnesota Program design for distributing

regulatory responsibilities to the program staff is similar to designs used successfully in

other Agreement States, and that all necessary program elements have been

addressed.

Although there are other Minnesota agencies, besides the MDH, that have been

historically delegated by the State certain authority to regulate activities involving

radioactive materials, those other agencies are not given any authority under the

Agreement. The staff has determined that activities by these other agencies will not

impact the Agreement.

The staff concludes that this criterion is satisfied.

References: Letter dated July 6, 2004, from Governor Pawlenty to Chairman Diaz,

request for an Agreement, Section 4.1.1, Statutory Authority and Section 4.1.2, Program

Organization, and additional related correspondence between the NRC and the State

(ADAMS: ML041960496, ML041960499, ML052440344, ML050130375,

ML050140452, ML051330043, ML051740384, ML051650073, ML052200424), and the

Section 4.1.1 reference to Internet site: http://www.revisor.leg.state.mn.us/stats. At this

Internet site see the following Minnesota Statutes (Mn. Stats.) 115.069,116C.705

through 116C.83, 216B.1691, 216B.243, 216B.2421 through 216B.2423, and Minnesota

Regulations 4410.4300 and 4410.4400. In addition, see Minnesota documents at: 

http://www.me3.org/issues/nuclear/eqbnukes1.html

http://www.me3.org/issues/nuclear/eqbnukes2.html

http://www.me3.org/issues/nuclear/eqbnukes3.html

http://www.leg.state.mn.us/lrl/issues/prairieisland.asp

http://www.puc.state.mn.us/docs/orders/04-0001.pdf

http://www.house.leg.state.mn.us/hrd/pubs/nucwaste.pdf

http://www.puc.state.mn.us/docs/briefing_papers/b05-0022.pdf

http://www.house.leg.state.mn.us/hrd/pubs/nucxcel.pdf.

RADIATION PROTECTION STANDARDS

4. Standards. The State regulatory program shall adopt a set of standards for

protection against radiation which shall apply to byproduct, source and special

nuclear materials in quantities not sufficient to form a critical mass. 

Under the proposed Minnesota Program, the authority to promulgate rules for the

control of radiation rests with the MDH in accordance with Mn. Stat. 144.12,

Regulations, enforcement, licensees, fees. The MDH is also provided radiation control

authority by Mn. Stats., 144.1202, and 144.1203, Training, rulemaking. Minnesota also

has ancillary statutes that relate to MDH activities, dealing with record and data keeping,

giving false information, surety requirements, inspection, fees, and other matters.
3

The NRC staff verified that the MDH adopted the relevant NRC regulations in 10 CFR

Parts 19, 20, 30, 31, 32, 33, 34, 35, 36, 39, 40, 70, 71, and 150 into Minnesota Rules

Chapter 4731, Radiation Safety, June 24, 2004 and January 1, 2005. Therefore, MDH

has adopted an adequate and compatible set of radiation protection regulations which

apply to byproduct, source, and special nuclear materials in quantities not sufficient to

form a critical mass.

Minnesota does have additional statutes, identified in the staff’s review, which are not

part of its program for the regulation of agreement materials but which potentially intrude

upon areas reserved to the NRC. Whether or not these Minnesota statutes are

preempted by Federal law, they concern areas over which Minnesota is not seeking

authority as part of this Agreement, and the staff is satisfied that these statutes will not

affect Minnesota’s regulation of agreement material. The staff view is that these

statutes are outside the scope of the Agreement and therefore, not within the scope of

inquiry as to this criterion.

The staff has, however, considered these statutes and program elements in making its

determination as to this criterion. For example, a radiation dose standard of 0.054

millirem/year for the Prairie Island Nuclear Power Plant (Prairie Island) independent

spent fuel storage installation (ISFSI) appears to have been agreed upon as the result

of a negotiation between the State of Minnesota and the licensee and was memorialized

in an order by the Minnesota Public Utility Commission (MPUC). In December 2004,

NRC initiated discussions with the MDH regarding the radiation dose standard at the

Prairie Island ISFSI and a potential similar radiation dose standard at the proposed

Monticello Nuclear Power Plant (Monticello) ISFSI. When the MDH became aware of

NRC’s concerns with respect to the proposed Monticello ISFSI, they interacted with the

Minnesota Environmental Quality Board (MEQB). MDH informed the MEQB that

radiation dose standards at the proposed Monticello ISFSI would be reserved to the

NRC. Based on this information, the MEQB revised the Environmental Impact

Statement Scoping Decision to reflect NRC’s jurisdiction at the ISFSI. The Monticello

Decision provides that Federal regulations preempt State regulation of radiological

health and safety standards applicable to nuclear power plants and ISFSIs. This effort

by the MDH iterates a proactive approach with respect to assuring that preemption

issues are dealt with in an acceptable manner. The staff is satisfied that Minnesota will

not regulate in areas reserved to the NRC in matters concerning or affecting the

proposed Agreement or materials regulated under the Agreement.

The staff concludes that this criterion is satisfied.

References: Letter dated July 6, 2004, from Governor Pawlenty to Chairman Diaz,

request for an Agreement, Section 4.1.1 and Section 4.1.2, and additional related

correspondence between the NRC and the State (ADAMS: ML041960496, 

ML041960499, ML052440344, ML050130375, ML050140452, ML051330043,

ML051740384, ML051650073, ML052200424), and the Section 4.1.1 reference to

Internet site: http://www.revisor.leg.state.mn.us/stats . (At this Internet site see the

following Mn. Stats.115.069,116C.705 through 116C.83, 216B.1691, 216B.243,

216B.2421 through 216B.2423, and Minnesota Regulations 4410.4300 and 4410.4400)

and history of law at: http://www.leg.state.mn.us/lrl/issues/prairieisland.asp.)

In addition, see Minnesota documents at: 
4

http://www.me3.org/issues/nuclear/eqbnukes1.html

http://www.me3.org/issues/nuclear/eqbnukes2.html

http://www.me3.org/issues/nuclear/eqbnukes3.html

http://www.leg.state.mn.us/lrl/issues/prairieisland.asp

http://www.puc.state.mn.us/docs/orders/04-0001.pdf

http://www.house.leg.state.mn.us/hrd/pubs/nucwaste.pdf

http://www.puc.state.mn.us/docs/briefing_papers/b05-0022.pdf

http://www.house.leg.state.mn.us/hrd/pubs/nucxcel.pdf

3. Uniformity of Radiation Standards. It is important to strive for uniformity in

technical definitions and terminology, particularly as related to such things as

units of measurement and radiation dose. There shall be uniformity on maximum

permissible doses and levels of radiation and concentrations of radioactivity, as

fixed by 10 CFR Part 20 of the NRC regulations based on officially approved

radiation protection guides.

Minnesota, by statute, must promulgate and enforce rules for the regulation of

byproduct, source, and special nuclear material that are in accordance with Section 274

of the Act, as amended. The State has adopted a rule compatible with 10 CFR Part 20. 

The staff review verified that the Minnesota rules’ technical definitions and terminology;

units of measurement and dose; and permissible doses, levels of radiation and

concentrations of radioactivity are consistent with those in NRC regulations.

Minnesota has applied a 0.054 millirem/year radiation dose standard to the Prairie

Island ISFSI facility, which is discussed in the staff’s analysis of Criterion 2, above. For

the reasons stated there, the NRC staff is satisfied that this radiation dose standard will

not affect regulation of material under the proposed Agreement.

In addition, the staff review further noted that Mn. Stat. 116C.71 contains definitions

different from the NRC definitions with respect to the terms “Byproduct Material,”

“Disposal,” “High Level Waste,” “Radiation,” and “Radioactive Waste.” However, the

statute states that these definitions are applicable only for the purposes of sections

116C.71 to 116C.74 of the Minnesota Statutes, which do not relate to the MDH, the

State agency responsible for carrying out the proposed Agreement, or to the regulation

of materials under which Minnesota is seeking authority under this Agreement. MDH’s

regulations, which do apply to agreement material, contain definitions of these terms

compatible with those of the Commission. In addition, RCU has, in writing, assured the

staff that it will not apply the definitions in Mn. Stat. 116C.71 to the regulation of

agreement material, and will inform other Minnesota State agencies of the need to

conform the statutory definitions to the NRC definitions. The staff is satisfied that the

Minnesota Program provides for the uniformity of radiation standards and definitions.

The staff concludes that this criterion is satisfied.

References: Letter dated July 6, 2004, from Governor Pawlenty to Chairman Diaz,

request for an Agreement, Section 4.1.1 and Section 4.1.2, and additional related

correspondence between the NRC and the State (ADAMS: ML041960496, 

ML041960499, ML052440344, ML050130375, ML050140452, ML051330043,
5

ML051740384, ML051650073, ML052200424), and the Section 4.1.1 reference to

Internet site: http://www.revisor.leg.state.mn.us/stats . (At this Internet site see the

following Mn. Stats.115.069,116C.705 through 116C.83, 216B.1691, 216B.243,

216B.2421 through 216B.2423, and Minnesota Regulations 4410.4300 and 4410.4400)

and history of law at: http://www.leg.state.mn.us/lrl/issues/prairieisland.asp.)

In addition, see Minnesota documents at:

http://www.me3.org/issues/nuclear/eqbnukes1.html

http://www.me3.org/issues/nuclear/eqbnukes2.html

http://www.me3.org/issues/nuclear/eqbnukes3.html

http://www.leg.state.mn.us/lrl/issues/prairieisland.asp

http://www.puc.state.mn.us/docs/orders/04-0001.pdf

http://www.house.leg.state.mn.us/hrd/pubs/nucwaste.pdf

http://www.puc.state.mn.us/docs/briefing_papers/b05-0022.pdf

http://www.house.leg.state.mn.us/hrd/pubs/nucxcel.pdf

4. Total Occupational Radiation Exposure. The regulatory authority shall consider

the total occupational radiation exposure of individuals, including that from

sources which are not regulated by it.

The NRC staff review verified that Minnesota has adopted rules equivalent to the NRC

regulations in 10 CFR Part 20, including Subpart C, the occupational dose limits and

Subpart D, the dose limits to individual members of the public. Minnesota licensees are

required to consider the radiation doses to individuals from all sources of radiation,

except background radiation and radiation from medical procedures. Like NRC

licensees, Minnesota licensees are required to consider the radiation dose whether the

sources are in the possession of a licensee or not.

The staff concludes that this criterion is satisfied. 

References: Letter dated July 6, 2004, from Governor Pawlenty to Chairman Diaz,

request for an Agreement, Section 4.2, and additional related correspondence between

the NRC and the State (ADAMS: ML041960496, ML041960499, ML052440344,

ML050130375, ML050140452, ML051330043, ML051740384, ML051650073,

ML052200424), and Chapter 4731 Radiation Safety, §§ 4731.2020 through 4731.2095.

5. Surveys, Monitoring. Appropriate surveys and personnel monitoring under the

close supervision of technically competent people are essential in achieving

radiological protection and shall be made in determining compliance with safety

regulations.

NRC requires surveys and monitoring pursuant to Subpart F of 10 CFR Part 20. The

NRC staff review verified that Minnesota has adopted a rule compatible with Subpart F. 

Therefore, Minnesota licensees are required to conduct surveys and personnel

monitoring to the same standards required of NRC licensees.

The staff concludes that this criterion is satisfied. 
6

References: Letter dated July 6, 2004, from Governor Pawlenty to Chairman Diaz,

request for an Agreement, Section 4.2, and additional related correspondence between

the NRC and the State (ADAMS: ML041960496, ML041960499, ML052440344,

ML050130375, ML050140452, ML051330043, ML051740384, ML051650073,

ML052200424), and Chapter 4731 Radiation Safety, §§ 4731.2220 and 4731.2230. 

6. Labels, Signs, Symbols. It is desirable to achieve uniformity in labels, signs and

symbols, and the posting thereof. However, it is essential that there be uniformity

in labels, signs, and symbols affixed to radioactive products which are

transferred from person to person.

The NRC staff review verified that Minnesota has adopted regulations compatible with

NRC regulations in Subpart J of 10 CFR Part 20. Therefore, the radiation labels, signs

and symbols, and the posting and labeling requirements in the Minnesota rules are

identical to those contained in the NRC regulations.

The staff concludes that this criterion is satisfied.

References: Letter dated July 6, 2004, from Governor Pawlenty to Chairman Diaz,

request for an Agreement, Section 4.2, and additional related correspondence between

the NRC and the State (ADAMS: ML041960496, ML041960499, ML052440344,

ML050130375, ML050140452, ML051330043, ML051740384, ML051650073,

ML052200424), and Chapter 4731 Radiation Safety, §§ 4731.2300 through 4731.2350.

7. Instruction. Persons working in or frequenting restricted areas shall be

instructed with respect to the health risks associated with exposure to radioactive

materials and in precautions to minimize exposure. Workers shall have the right

to request regulatory authority inspections as per 10 CFR 19, Section 19.16 and to

be represented during inspections as specified in Section 19.14 of 10 CFR 19. 

The NRC staff review verified that Minnesota has adopted regulations compatible with

10 CFR Part 19.

The staff concludes that this criterion is satisfied.

References: Letter dated July 6, 2004, from Governor Pawlenty to Chairman Diaz,

request for an Agreement, Section 4.2, and additional related correspondence between

the NRC and the State(ADAMS: ML041960496, ML041960499, ML052440344,

ML050130375, ML050140452, ML051330043, ML051740384, ML051650073,

ML052200424), and Chapter 4731 Radiation Safety, §§ 4731.1040 through 4731.1060.

8. Storage. Licensed radioactive material in storage shall be secured against

unauthorized removal.

The NRC staff review verified that Minnesota has adopted a rule compatible with

Subpart I of 10 CFR Part 20.

The staff concludes that this criterion is satisfied.
7

References: Letter dated July 6, 2004, from Governor Pawlenty to Chairman Diaz,

request for an Agreement, Section 4.2, and additional related correspondence between

the NRC and the State (ADAMS: ML041960496, ML041960499, ML052440344,

ML050130375, ML050140452, ML051330043, ML051740384, ML051650073,

ML052200424), and Chapter 4731 Radiation Safety, §§ 4731.1040 through 4731.1060.

9. Radioactive Waste Disposal. (a) Waste disposal by material users. The standards

for the disposal of radioactive materials into the air, water and sewer, and burial

in the soil shall be in accordance with 10 CFR Part 20. Holders of radioactive

material desiring to release or dispose of quantities or concentrations of

radioactive materials in excess of prescribed limits shall be required to obtain

special permission from the appropriate regulatory authority. Requirements for

transfer of waste for the purpose of ultimate disposal at a land disposal facility

(waste transfer and manifest system) shall be in accordance with 10 CFR Part 20. 

The waste disposal standards shall include a waste classification scheme and

provisions for waste form, applicable to waste generators, that is equivalent to

that contained in 10 CFR Part 61. 

The NRC staff review confirmed that Minnesota has adopted rules that are compatible

with Subpart K of 10 CFR Part 20 - Waste Disposal. This regulation deals with general

requirements for waste disposal including waste classification, transfer and waste

manifests and are applicable to all licensees.

The staff’s analysis of Criterion 3, above, identifies Minnesota statutory definitions,

separate from the program for the regulation of agreement material (MDH), which are

different from NRC definitions of those terms. For the reasons discussed under

Criterion 3, the staff is satisfied that those definitions will not affect the regulation of

material under the Agreement.

The staff therefore concludes that Criterion 9(a) is satisfied. 

(b) Land Disposal of waste received from other persons. The State shall

promulgate regulations containing licensing requirements for land disposal of

radioactive waste received from other persons which are compatible with the

applicable technical definitions, performance objectives, technical requirements

and applicable supporting sections set forth in 10 CFR Part 61. Adequate

financial arrangements (under terms established by regulation) shall be required

of each waste disposal site licensee to ensure sufficient funds for

decontamination, closure and stabilization of a disposal site. In addition,

Agreement State financial arrangements for long-term monitoring and

maintenance of a specific site must be reviewed and approved by the

Commission prior to relieving the site operator of licensed responsibility (Section

151(a)(2), Pub. L. 97-425).

The NRC staff review confirmed that Minnesota is not seeking authority to regulate the

land disposal of low-level radioactive waste. Therefore, Criterion 9(b) does not apply to

Minnesota.
8

References: Letter dated July 6, 2004, from Governor Pawlenty to Chairman Diaz,

request for an Agreement, Section 4.2, and additional related correspondence between

the NRC and the State (ADAMS: ML041960496, ML041960499, ML052440344,

ML050130375, ML050140452, ML051330043, ML051740384, ML051650073,

ML052200424), and Chapter 4731 Radiation Safety, §§ 4731.2400 through 4731.2450.

10. Regulations Governing Shipment of Radioactive Materials. The State shall, to the

extent of its jurisdiction, promulgate regulations applicable to the shipment of

radioactive materials, such regulations to be compatible with those established

by the U. S. Department of Transportation and other agencies of the United States

whose jurisdiction over interstate shipment of such materials necessarily

continues. State regulations regarding transportation of radioactive materials

must be compatible with 10 CFR Part 71. 

The NRC staff review verified that Minnesota has adopted regulations compatible with

10 CFR Part 71 - Transportation. Minnesota does have statutes, separate from its

program for the regulation of agreement materials, that pertain to the transportation of

radioactive material; however, those statutes do not apply to the transportation of

agreement material. Minnesota’s regulations specifically exempt areas of exclusive

NRC jurisdiction.

The staff concludes that this criterion is satisfied.

References: Letter dated July 6, 2004, from Governor Pawlenty to Chairman Diaz,

request for an Agreement, Section 4.1 and Section 4.2, and additional related

correspondence between the NRC and the State (ADAMS: ML041960496, 

ML041960499, ML052440344, ML050130375, ML050140452, ML051330043,

ML051740384, ML051650073, ML052200424), and Chapter 4731 Radiation Safety,

4731.0400 through 4731.0424, the Section 4.1.1 reference to Internet site: 

http://www.revisor.leg.state.mn.us/stats. (At this Internet site see the following Mn.

Stats.115.069,116C.705 through 116C.83, 216B.1691, 216B.243, 216B.2421 through

216B.2423, and Minnesota Regulations 4410.4300 and 4410.4400) and history of law

at: http://www.leg.state.mn.us/lrl/issues/prairieisland.asp.) 

11. Records and Reports. The State regulatory program shall require that holders

and users of radioactive materials (a) maintain records covering personnel

radiation exposures, radiation surveys, and disposals of materials; (b) keep

records of the receipt and transfer of the materials; (c) report significant incidents

involving the materials, as prescribed by the regulatory authority; (d) make

available upon request of a former employee a report of the employee’s exposure

to radiation; (e) at request of an employee advise the employee of his or her

annual radiation exposure; and (f) inform each employee in writing when the

employee has received radiation exposure in excess of the prescribed limits.

The NRC staff review verified that Minnesota has adopted rules compatible with 10 CFR

Parts 19, 20, 30, 31, 32, 33, 34, 35, 36, 39, 40, 70, 71, and 150. The records and

reports referenced in Criterion 11 are regulatory requirements in these parts. Minnesota

has adopted the record and reporting requirements.
9

The staff concludes that this criterion is satisfied.

References: Letter dated July 6, 2004, from Governor Pawlenty to Chairman Diaz,

request for an Agreement, Section 4.2, and additional related correspondence between

the NRC and the State (ADAMS: ML041960496, ML041960499, ML052440344,

ML050130375, ML050140452, ML051330043, ML051740384, ML051650073,

ML052200424), and Chapter 4731 Radiation Safety.

12. Additional Requirements and Exemptions. Consistent with the overall criteria

here enumerated and to accommodate special cases and circumstances, the

State regulatory authority shall be authorized in individual cases to impose

additional requirements to protect health and safety, or to grant necessary

exemptions which will not jeopardize health and safety. 

The NRC staff review confirmed that Minnesota State law provides the radiation control

agency authority to impose, by order or license condition, additional health and safety

requirements beyond the requirements specified in law and the rules. The agency also

has the legal authority to grant reasonable and necessary exceptions to the regulatory

requirements, either by order or license condition. Minnesota has adopted a rule which

is compatible with 10 CFR 30.34, Terms and conditions of licenses.

The staff concludes that this criterion is satisfied.

References: Letter dated July 6, 2004, from Governor Pawlenty to Chairman Diaz,

request for an Agreement, Section 4.1 and 4.2, and additional related correspondence

between the NRC and the State (ADAMS: ML041960496, ML041960499,

ML052440344, ML050130375, ML050140452, ML051330043, ML051740384,

ML051650073, ML052200424), Mn. Stats. 144.12 and 144.99 and Chapter 4731

Radiation Safety, Section 4731.3075. 

PRIOR EVALUATION OF USES OF RADIOACTIVE MATERIALS

13. Prior Evaluation of Hazards and Uses, Exceptions. In the present state of

knowledge, it is necessary in regulating the possession and use of byproduct,

source and special nuclear materials that the State regulatory authority require

the submission of information on, and evaluation of, the potential hazards, and

the capability of the user or possessor prior to his receipt of materials. This

criterion is subject to certain exceptions and to continuing reappraisal as

knowledge and experience in the atomic energy field increase. Frequently there

are, and increasingly in the future there may be, categories of materials and uses

as to which there is sufficient knowledge to permit possession and use without

prior evaluation of the hazards and the capability of the processor and user. 

These categories fall into two groups-- those materials and uses which may be

completely exempt from regulatory controls, and those materials and uses in

which sanctions for misuse are maintained without pre-evaluation of the

individual possession or use. In authorizing research and development or other

activities involving multiple uses of radioactive materials, where an institution

has people with extensive training and experience, the State regulatory authority
10

may wish to provide a means for authorizing broad use of materials without

evaluating specific use.

Minnesota has adopted regulations containing regulatory requirements for applying for

and issuing licenses, which are compatible with NRC’s regulations.

The NRC staff review confirmed that the Minnesota rules provide that a license

authorizing the distribution of agreement materials that will subsequently be exempt

from regulatory control may only be issued by the NRC.

Since Criterion 13 was adopted, the Commission has determined that the regulatory

authority to conduct safety evaluations of sealed sources and devices may be retained

by the NRC, unless the State requests assumption of the authority and has in place an

adequate and compatible program to implement the authority. Minnesota has decided

not to seek authority for evaluation of sealed sources and devices.

The staff concludes that this criterion is satisfied.

References: Letter dated July 6, 2004, from Governor Pawlenty to Chairman Diaz,

request for an Agreement, Section 4.2, and additional related correspondence between

the NRC and the State (ADAMS: ML041960496, ML041960499, ML052440344,

ML050130375, ML050140452, ML051330043, ML051740384, ML051650073,

ML052200424), Chapter 4731 Radiation Safety.

14. Evaluation Criteria. In evaluating a proposal to use radioactive materials, the

regulatory authority shall determine the adequacy of the applicant’s facilities and

safety equipment, his training and experience in the use of the materials for the

purpose requested, and his proposed administrative controls. States should

develop guidance documents for use by license applicants. This guidance should

be consistent with NRC licensing regulatory guides for various categories of

licensed activities.

The NRC staff review determined that the Minnesota Program has established series of

checklists, regulatory guides and licensing procedure guides and a set of applicable

forms. Minnesota has developed a series of State developed regulatory guides for use

by license applicants. The NRC staff determined that the licensing procedure guides

cover the handling of license applications from the point of submittal through issuance of

the completed license. The Minnesota licensing procedures are similar to NRC’s

procedures. 

The staff concludes that this criterion is satisfied.

References: Letter dated July 6, 2004, from Governor Pawlenty to Chairman Diaz,

request for an Agreement, Section 4.3, and additional related correspondence between

the NRC and the State (ADAMS: ML041960496, ML041960499, ML052440344,

ML050130375, ML050140452, ML051330043, ML051740384, ML051650073,

ML052200424).
11

15. Human Use. The use of radioactive materials and radiation on or in humans shall

not be permitted except by properly qualified persons (normally licensed

physicians) possessing prescribed minimum experience in the use of

radioisotopes or radiation.

In April 2004, the NRC amended 10 CFR Part 35 to change its requirements for

recognizing specialty boards whose certifications may be used to demonstrate the

adequacy of the training and experience (T&E) of individuals to serve as Radiation

Safety Officers, authorized medical physicists, authorized nuclear pharmacists, or

authorized (physician) users. The final rule also revises the requirements for

demonstrating the adequacy of T&E for pathways other than the board certification

pathway. Agreement States are required to adopt a compatible rule. In a letter dated

May 25, 2005, the Manager of the Asbestos, Indoor Air, Lead and Radiation Section,

responding to NRC staff comments, committed to incorporating the new Part 35

requirements in their program as a license condition and in their appropriate guidance

documents.

Based on this commitment, the staff concludes that this criterion is satisfied.

References: Letter dated July 6, 2004, from Governor Pawlenty to Chairman Diaz,

request for an Agreement, Section 4.2, and additional related correspondence between

the NRC and the State (ADAMS: ML041960496, ML041960499, ML052440344,

ML050130375, ML050140452, ML051330043, ML051740384, ML051650073,

ML052200424), Chapter 4731 Radiation Safety, §§ 4731.4400-4731.4527.

INSPECTION

16. Purpose, Frequency. The possession and use of radioactive materials shall be

subject to inspection by the regulatory authority and shall be subject to the

performance of tests, as required by the regulatory authority. Inspection and 

testing is conducted to determine and to assist in obtaining compliance with

regulatory requirements. Frequency of inspection shall be related directly to the

amount and kind of material and type of operation licensed, and it shall be

adequate to insure compliance.

The NRC staff confirmed that the Minnesota Program has statutory authority to conduct

inspections of licensees. Minnesota has adopted regulations compatible with equivalent

parts of 10 CFR containing provisions relating to inspections and tests.

Minnesota has adopted a schedule for inspection of licensees at least as frequent as the

schedule used by NRC. The Program staff has developed internal procedures and

accompanying forms for the inspection areas which cover scheduling, preparation,

performance basis, tracking and documentation of inspection results. The Program

staff has also established a computerized tracking system. The inspection procedures

are similar to NRC procedures.

The staff concludes that this criterion is satisfied.
12

References: Letter dated July 6, 2004, from Governor Pawlenty to Chairman Diaz,

request for an Agreement, Sections 4.1, Mn. Stat. 144.99, and Section 4.4, and

additional related correspondence between the NRC and the State (ADAMS: 

ML041960496, ML041960499, ML052440344, ML050130375, ML050140452,

ML051330043, ML051740384, ML051650073, ML052200424).

17. Inspections Compulsory. Licensees shall be under obligation by law to provide

access to inspectors.

The NRC staff review confirmed that Minnesota law provides authority for radiation

control Program inspectors to enter public or private property at all reasonable times for

the purpose of investigating conditions related to radiation use.

The staff concludes that this criterion is satisfied.

References: Letter dated July 6, 2004, from Governor Pawlenty to Chairman Diaz,

request for an Agreement, Section 4.1, Mn. Stat. 144.99, and Section 4.4, and

additional related correspondence between the NRC and the State (ADAMS: 

ML041960496, ML041960499, ML052440344, ML050130375, ML050140452,

ML051330043, ML051740384, ML051650073, ML052200424).

18. Notification of Results of Inspection. Licensees are entitled to be advised of the

results of inspections and to notice as to whether or not they are in compliance.

The NRC staff review determined that Minnesota has adopted procedures to convey a

copy of the formal inspection report to the licensees, both when violations are found,

and when no violations are found. The procedures identify the staff responsible and

specify the time limit for preparing the inspection report, the process for management

review and approval, and provide instructions for distribution of the report to the licensee

and to the State’s official files.

The staff concludes that this criterion is satisfied.

References: Letter dated July 6, 2004, from Governor Pawlenty to Chairman Diaz,

request for an Agreement, Section 4.4, and additional related correspondence between

the NRC and the State (ADAMS: ML041960496, ML041960499, ML052440344,

ML050130375, ML050140452, ML051330043, ML051740384, ML051650073,

ML052200424).

ENFORCEMENT

19. Enforcement. Possession and use of radioactive materials should be amenable to

enforcement through legal sanctions, and the regulatory authority shall be

equipped or assisted by law with the necessary powers for prompt enforcement. 

This may include, as appropriate, administrative remedies looking toward

issuance of orders requiring affirmative action or suspension or revocation of the

right to possess and use materials, and the impounding of materials; the

obtaining of injunctive relief; and the imposing of civil or criminal penalties.
13

The NRC staff review confirmed that the Minnesota Program is authorized by law to

enforce the State rules using a variety of sanctions, including the imposition of

administrative fines, and the issuance of orders to suspend, modify or revoke licenses,

or to impound materials. The Program may assess civil penalties in accordance with

State Law and Department regulations.

The Program has adopted policies and procedures to implement the enforcement

authority. The Minnesota enforcement procedures are similar to the NRC procedures

with regard to the use of severity levels for violations.

The staff concludes that this criterion is satisfied.

References: Letter dated July 6, 2004, from Governor Pawlenty to Chairman Diaz,

request for an Agreement, Section 4.1, Mn. Stats. 144.12, 144.99, and Section 4.5, and

additional related correspondence between the NRC and the State (ADAMS: 

ML041960496, ML041960499, ML052440344, ML050130375, ML050140452,

ML051330043, ML051740384, ML051650073, ML052200424).

PERSONNEL

20. Qualifications of Regulatory and Inspection Personnel. The regulatory agency

shall be staffed with sufficient trained personnel. Prior evaluation of applications

for licenses or authorizations and inspections of licensees must be conducted by

persons possessing the training and experience relevant to the type and level of

radioactivity in the proposed use to be evaluated and inspected. This requires

competency to evaluate various potential radiological hazards associated with the

many uses of radioactive material and includes concentrations of radioactive

materials in air and water, conditions of shielding, the making of radiation

measurements, knowledge of radiation instruments–their selection, use and

calibration–laboratory design, contamination control, other general principles and

practices of radiation protection, and use of management controls in assuring

adherence to safety procedures. In order to evaluate some complex cases, the

State regulatory staff may need to be supplemented by consultants of other State

agencies with expertise in geology, hydrology, water quality, radiobiology and

engineering disciplines.

To perform the functions involved in evaluation and inspection, it is desirable that

there be personnel educated and trained in the physical and/or life science,

including biology, chemistry, physics and engineering, and that the personnel

have had training and experience in radiation protection. For example, the person

who will be responsible for the actual performance of evaluation and inspection

of all of the various uses of byproduct, source and special nuclear material which

might come to the regulatory body should have substantial training and extensive

experience in the field of radiation protection. It is desirable that such a person

have a bachelor’s degree or equivalent in the physical or life sciences, and

specific training - radiation protection.
14

It is recognized that there will also be persons in the program performing a more

limited function in evaluation and inspection. These persons will perform the

day-to-day work of the regulatory program and deal with both routine situations

as well as some which are out of the ordinary. These people should have a

bachelor’s degree or equivalent in the physical or life sciences, training in health

physics, and approximately two years of actual work experience in the field of

radiation protection.

The foregoing are considered desirable qualifications for the staff who will be

responsible for the actual performance of evaluation and inspection. In addition,

there will probably be trainees associated with the regulatory program who will

have an academic background in the physical or life sciences as well as varying

amounts of specific training in radiation protection but little or no actual work

experience in the field. The background and specific training of these persons

will indicate to some extent their potential role in the regulatory program. These

trainees, of course, could be used initially to evaluate and inspect those

applications of radioactive materials which are considered routine or more

standardized from the radiation safety standpoint, for example, inspection of

industrial gauges, small research programs, and diagnostic medical programs. 

As they gain experience and competence in the field, the trainees could be used

progressively to deal with the more complex or difficult types of radioactive

material applications. It is desirable that such trainees have a bachelor’s degree

or equivalent in the physical or life sciences and specific training in radiation

protection. In determining the requirement for academic training of individuals in

all of the foregoing categories, proper consideration should be given to

equivalent competency which has been gained by appropriate technical and

radiation protection experience.

It is recognized that radioactive materials and their uses are so varied that the

evaluation and inspection functions will require skills and experience in the

different disciplines which will not always reside in one person. The regulatory

authority should have the composite of such skills either in its employ or at its

command, not only for routine functions, but also for emergency cases.

Based on the review of the organizational charts and position descriptions for the

Minnesota Program, training and qualification plan, and the curricula vitae for the current

staff members, the NRC staff concludes that the RCU has a staffing plan that provides a

sufficient number of adequately trained and qualified technical staff.

a. Assessment of the Agreement Materials Staffing

There are approximately 150 NRC specific licenses in Minnesota. The RCU also

conducts a registration and inspection program for NARM users which accounts for

approximately 45 registrants.

The staff of the RCU will be responsible for implementing the agreement materials

program. The Minnesota staffing plan allocates a total of approximately 5.0 full-time
15

equivalent (FTE) staff for the agreement materials program, including the Program

Supervisor. Since submission of the Agreement request, one staff member has left the

Program. This position was filled with a new hire in December 2004. The RCU

supervisor plans to devote 50% of his time to the agreement materials program,

including management review of licensing and inspection actions, personnel

responsibilities, rules development, accompaniment of inspectors for annual

management review, general supervision, and other management duties. Four staff

members will devote 100% of their time to the Agreement State Program activities and

one other staff member will provide 30%. Minnesota’s staff assessment used 80% of

the full-time employees’ time in their staffing analysis. Minnesota’s staff assumes that

the other 20% of the employees’ time will be devoted to radiological response,

instructional opportunities and training. One full-time administrative assistant provides

support to the Program.

Based on the RCU staffing allocation of 5.0 technical and administrative FTE for the

Program, and subtracting the Program Supervisor and administrative assistants, the

technical/ professional staffing level devoted to the Agreement State Program is 3.5

FTE. The Team’s evaluation of the State’s staffing analysis concludes that adequate

staffing exists without the new hire’s FTE. The RCU supervisor is using this additional

FTE to provide flexibility and backup to the radioactive materials program.

Minnesota estimates they will have responsibility for 199 licenses (154 from NRC and 45

existing NARM registrants). The RCU Staff Resource Analysis projects that

approximately 172 licensing staff days will be needed and 259 licensing staff days are

available; 368 inspection staff days are needed and 531 are available each year. This

projection is based on data from the NRC Region III Office. This level of inspection

effort will keep the inspection program current.

Based on the workload analysis, NRC staff concludes the 3.5 FTE qualified

technical\professional staff provides an adequate level of staffing to handle anticipated

licensing, inspection, reciprocity, allegations and incident response workload

satisfactorily.

The staff concludes that the proposed Minnesota agreement materials program has an

adequate number of staff to meet the anticipated Program needs.

b. Assessment of Staff Qualifications

The NRC staff review considered the qualifications of the individuals currently on the

RCU's professional/technical staff that would be involved in the agreement materials

program, and the procedures for training and qualifying new staff members. Under the

proposed Agreement, the RCU Supervisor would direct the agreement materials

program and would be primarily responsible for the Program's administration and will

provide the immediate day-to-day supervision of the agreement materials program. He

holds a Bachelor’s degree in Physics and Philosophy. He has over 20 years of

experience in health physics and supervision. He has 10 years of experience in an

agreement material program from another State and 10 years of radiological experience

in the U.S. Navy.
16

Based on the NRC staff review, three of the five non-supervisory staff members have at

least a Bachelor's degree in physical life sciences or engineering. One staff member

has a Master’s degree in public health and a Bachelor’s degree in engineering; one staff

member has a Bachelor’s degree in applied studies concentration in radiological science

and an Associate degree in radiologic technology; one staff member has a Master’s

degree in materials science engineering, a Bachelor’s degree in chemistry, and a

Bachelor’s degree in chemical engineering; and the two other staffers are former

radiologic technologists with significant experience and training in radiation protection.

The RCU technical staff members have extensive radiation science experience. This

includes work in health physics and nuclear power in private industry, the military and in

State regulatory agencies. Technical staff members have completed the NRCrecommended core courses or have received waivers from the RCU manager, based on

their training and prior experience. The new hire has taken the inspection and licensing

courses and is scheduled to attend the remaining core training courses in the next year.

Two technical staff have had on-the-job training working with NRC license reviewers in

the NRC Region IlI Office and all of the fully-qualified technical staff members have

accompanied NRC staff on inspections of NRC licensees in Minnesota. Several

members of the technical staff have also spent time in neighboring Agreement States

receiving licensing and inspection training.

The NRC staff believes that the RCU technical staff identified by the State to participate

in the agreement materials program are trained and qualified in accordance with the

RCU plans, have sufficient knowledge and experience in radiation protection, the use of

radioactive materials, the standards for the evaluation of applications for licensing, and

the techniques of inspecting licensed users of agreement materials.

The staff concludes that the proposed Minnesota Program has a sufficient number of

adequately trained staff to meet the anticipated program needs. The staff concludes

that this criterion is satisfied.

References: Letter dated July 6, 2004, from Governor Pawlenty to Chairman Diaz,

request for an Agreement, Sections 4.6, and additional related correspondence between

the NRC and the State (ADAMS: ML041960496, ML041960499, ML052440344,

ML050130375, ML050140452, ML051330043, ML051740384, ML051650073,

ML052200424).

21. Conditions Applicable to Special Nuclear Material, Source Material and Tritium. 

Nothing in the State’s regulatory program shall interfere with the duties imposed

on the holder of the materials by the NRC, for example, the duty to report to the

NRC, on NRC prescribed forms, (1) transfers of special nuclear material, source

material and tritium, and (2) periodic inventory data.

The NRC staff review did not note any aspects of the Minnesota Program that could

potentially interfere with duties imposed on a holder of materials by the NRC. In

addition, Minnesota’s regulations specifically exempt areas of exclusive NRC or other

Federal jurisdiction from State regulation. The staff is therefore satisfied that the
17

Minnesota Program will not interfere with duties imposed on the holder of materials by

the NRC.

The staff concludes that this criterion is satisfied.

References: Letter dated July 6, 2004, from Governor Pawlenty to Chairman Diaz,

request for an Agreement, Section 4.1.1, Statutory Authority and Section 4.1.2, Program

Organization, and additional related correspondence between the NRC and the State

(ADAMS: ML041960496, ML041960499, ML052440344, ML050130375,

ML050140452, ML051330043, ML051740384, ML051650073, ML052200424), and the

Section 4.1.1 reference to Internet site: http://www.revisor.leg.state.mn.us/stats. (At this

Internet site see the following Mn. Stats. 115.069,116C.705 through 116C.83,

216B.1691, 216B.243, 216B.2421 through 216B.2423, and Minnesota Regulations

4410.4300 and 4410.4400) and history of law at:

http://www.leg.state.mn.us/lrl/issues/prairieisland.asp and

http://www.house.leg.state.mn.us/hrd/pubs/nucxcel.pdf.

22. Special Nuclear Material Defined. Special nuclear material, in quantities not

sufficient to form a critical mass, for present purposes means uranium enriched

in the isotope U-235 in quantities not exceeding 350 grams of contained U-235;

uranium 233 in quantities not exceeding 200 grams; plutonium in quantities not

exceeding 200 grams; or any combination of them in accordance with the

following formula: For each kind of special nuclear material, determine the ratio

between the quantity of that special nuclear material and the quantity specified

above for the same kind of special nuclear material. The sum of such ratios for all

kinds of special nuclear material in combination should not exceed “1” (i.e.,

unity). For example, the following quantities in combination would not exceed the

limitation and are within the formula, as follows:

175 (grams contained U-235)/350 + 50 (grams U-233)/200 + 

50 (grams PU)/200 = 1

The NRC staff review determined that Minnesota’s definition of special nuclear material

in critical mass quantities in 4731.0315,Critical Mass, is compatible with that of the

Commission’s.

The staff concludes that this criterion is satisfied.

References: Letter dated July 6, 2004, from Governor Pawlenty to Chairman Diaz,

request for an Agreement, Section 4.1.1, Statutory Authority and Section 4.1.2, Program

Organization, and additional related correspondence between the NRC and the State

(ADAMS: ML041960496, ML041960499, ML052440344, ML050130375,

ML050140452, ML051330043, ML051740384, ML051650073, ML052200424), and the

Section 4.1.1 reference to Internet site: http://www.revisor.leg.state.mn.us/stats. (At this

Internet site see the following Mn. Stats. 115.069,116C.705 through 116C.83,

216B.1691, 216B.243, 216B.2421 through 216B.2423, and Minnesota Regulations

4410.4300 and 4410.4400) and history of law at:
18

http://www.leg.state.mn.us/lrl/issues/prairieisland.asp and

http://www.house.leg.state.mn.us/hrd/pubs/nucxcel.pdf.

ADMINISTRATION

23. Fair and Impartial Administration. State practices for assuring the fair and

impartial administration of regulatory law, including provision for public

participation where appropriate, should be incorporated in procedures for:

a. Formulation of rules of general applicability;

b. Approving or denying applications for licenses or authorization to process

and use radioactive materials; and 

c. Taking disciplinary actions against licensees.

The NRC staff review confirmed that the MDH is bound by general statutory provisions

with respect to providing the opportunity for public participation in rulemaking, licensing

actions, and disciplinary actions. These general statutory provisions also apply to the

protection of personnel radiation exposure records from public disclosure, maintaining

the confidentiality of allegers, and administrative and judicial requirements for requesting

and holding hearings on enforcement matters.

The staff concludes that this criterion is satisfied

References: Letter dated July 6, 2004, from Governor Pawlenty to Chairman Diaz,

request for an Agreement, Section 4.1, Mn. Stat. 144.99, and additional related

correspondence between the NRC and the State (ADAMS: ML041960496, 

ML041960499, ML052440344, ML050130375, ML050140452, ML051330043,

ML051740384, ML051650073, ML052200424), and the Section 4.1.1 reference to

Internet site: http://www.revisor.leg.state.mn.us/stats. (At this Internet site see the

following: Mn. Stat. 14.05 through 14.28.)

24. State Agency Designation. The State should indicate which agency or agencies

will have authority for carrying on the program and should provide the NRC with a

summary of that legal authority. There should be assurances against duplicate

regulation and licensing by State and local authorities, and it may be desirable

that there be a single or central regulatory authority.

The NRC staff review determined that the MDH is designated by Mn. Stat. 144.1202 to

be the lead agency for the carrying out the terms of the proposed Agreement, which will

assure against duplicate regulations or licensing by State and local authorities. In

addition, to the extent that this criterion deals with duplicate regulation between a State

and the NRC (see STP Procedure SA-700 Handbook, Evaluation Criteria 4.1.1.2.,

paragraph b, and 4.2.2.2), the staff determined that the Minnesota Program, which

specifically excludes from State regulation any areas in which the jurisdiction of the NRC

or another Federal agency is exclusive, gives sufficient assurance against duplicate

regulation between Minnesota and the NRC in the regulation of agreement material.

Therefore, the staff concludes that this criterion is satisfied.
19

References: Letter dated July 6, 2004, from Governor Pawlenty to Chairman Diaz,

request for an Agreement, Section 4.1.1, Statutory Authority and Section 4.1.2, Program

Organization, and additional related correspondence between the NRC and the State

(ADAMS: ML041960496, ML041960499, ML052440344, ML050130375,

ML050140452, ML051330043, ML051740384, ML051650073, ML052200424), and the

Section 4.1.1 reference to Internet site: http://www.revisor.leg.state.mn.us/stats. (At this

Internet site see the following Mn. Stats. 115.069,116C.705 through 116C.83,

216B.1691, 216B.243, 216B.2421 through 216B.2423, and Minnesota Regulations

4410.4300 and 4410.4400) and history of law at:

http://www.leg.state.mn.us/lrl/issues/prairieisland.asp and

http://www.house.leg.state.mn.us/hrd/pubs/nucxcel.pdf.

25. Existing NRC Licenses and Pending Applications. In effecting the discontinuance

of jurisdiction, appropriate arrangements will be made by NRC and the State to

ensure that there will be no interference with or interruption of licensed activities

or the processing of license applications by reason of the transfer. For example,

one approach might be that the State, in assuming jurisdiction, could recognize

and continue in effect, for an appropriate period of time under State Law, existing

NRC licenses, including licenses for which timely applications for renewal have

been filed, except where good cause warrants the earlier reexamination or

termination of the license.

The NRC staff review confirmed that Mn. Stat. 144.1202 contains a provision that

deems the holder of an NRC license on the effective date of the proposed Agreement to

possess a like license under the Minnesota Radiation Safety Code. The license will

expire on the expiration date on the NRC license.

The staff concludes that this criterion is satisfied.

References: Letter dated July 6, 2004, from Governor Pawlenty to Chairman Diaz,

request for an Agreement, Section 4.1. Mn. Stat. 144.1202, and additional related

correspondence between the NRC and the State (ADAMS: ML041960496, 

ML041960499, ML052440344, ML050130375, ML050140452, ML051330043,

ML051740384, ML051650073, ML052200424).

26. Relations with Federal Government and Other States. There should be an

interchange of Federal and State information and assistance in connection with

the issuance of regulations and licenses or authorizations, inspection of

licensees, reporting of incidents and violations, and training and education

problems.

The NRC staff review verified that the proposed Agreement commits Minnesota to

cooperate with the NRC and the other Agreement States in the formulation of standards

and regulatory programs for the protection against hazards of radiation and to assure

that the Minnesota Program will continue to be compatible with the NRC’s program for

the regulation of agreement materials.
20

In a revised Policy Statement on Adequacy and Compatibility of Agreement State

Programs (published September 3, 1997 at 62 FR 46517), the Commission determined

that providing reports to NRC of Agreement State licensee incidents, accidents and

other significant events is a matter of compatibility. Minnesota has adopted procedures

to provide such reports to NRC.

Therefore, the staff concludes that this criterion is satisfied.

References: Letter dated July 6, 2004, from Governor Pawlenty to Chairman Diaz,

request for an Agreement, Section 4.1, and additional related correspondence between

the NRC and the State (ADAMS: ML041960496, ML041960499, ML052440344,

ML050130375, ML050140452, ML051330043, ML051740384, ML051650073,

ML052200424), and the Section 4.1. reference to Internet site: 

http://www.revisor.leg.state.mn.us/stats. (At this Internet site see the following Mn.

Stats.115.069,116C.705 through 116C.83, 216B.1691, 216B.243, 216B.2421 through

216B.2423, and Minnesota Regulations 4410.4300 and 4410.4400), and history of law

at: http://www.leg.state.mn.us/lrl/issues/prairieisland.asp and

http://www.house.leg.state.mn.us/hrd/pubs/nucxcel.pdf. The Minnesota response to

NRC’s comments on the final application dated December 14, 2004 (ADAMS: 

ML050130375).

27. Coverage, Amendments, Reciprocity. An amendment providing for

discontinuance of NRC regulatory authority and the assumption of regulatory

authority by the State may relate to any one or more of the following categories of

materials within the State, as contemplated by Public Law 86-373 and Public Law

95-604:

a. Byproduct material as defined in Section 11e(1) of the Act,

b. Byproduct material as defined in Section 11e(2) of the Act,

c. Source material,

d. Special nuclear material in quantities not sufficient to form a critical mass,

e. Low-level wastes in permanent disposal facilities, as defined by statute or

Commission rules or regulations containing one or more of the materials

stated in a, c, and d above but not including byproduct material as defined

in Section 11e(2) of the Act;

but must relate to the whole of such category or categories and not to a part of

any category. If less than the five categories are included in any discontinuance

of jurisdiction, discontinuance of NRC regulatory authority and the assumption of

regulatory authority by the State of the others may be accomplished subsequently

by an amendment or by a later Agreement.

Arrangements should be made for the reciprocal recognition of State licenses and

NRC licenses in connection with out-of-jurisdiction operations by a State or NRC

licensee.
21

The NRC staff review verified that the proposed Agreement provides for the

Commission to discontinue, and the State of Minnesota to assume, regulatory authority

over the types of material defined in categories a, c, and d above.

Since this criterion was adopted, the Commission has determined that the Agreement

States may assume the authority to evaluate the safety of sealed sources and devices

to be distributed in interstate commerce as a separate portion of the Agreement, or to

allow NRC to retain that authority. Minnesota has chosen not to assume that authority.

References: Proposed Agreement between the State of Minnesota and the Nuclear

Regulatory Commission, Articles I, II, and III in the request for an Agreement by

Governor Pawlenty.

The proposed Agreement stipulates the desirability or reciprocal recognition of NRC and

other Agreement State licenses, and commits the Commission and the State to

cooperate to accord such reciprocity. Minnesota’s regulation provides for the reciprocal

recognition of licenses from other jurisdictions.

References: Proposed Agreement between the State of Minnesota and the Nuclear

Regulatory Commission, Article VII; Mn. Reg. 4731.0355.

Therefore, the staff concludes that this criterion is satisfied.

References: Letter dated July 6, 2004, from Governor Pawlenty to Chairman Diaz,

request for an Agreement, Section 4.1, and additional related correspondence between

the NRC and the State (ADAMS: ML041960496, ML041960499, ML052440344,

ML050130375, ML050140452, ML051330043, ML051740384, ML051650073,

ML052200424), and the Section 4.1. reference to Internet site: 

http://www.revisor.leg.state.mn.us/stats. (At this Internet site see the following Mn.

Stats.115.069,116C.705 through 116C.83, 216B.1691, 216B.243, 216B.2421 through

216B.2423, and Minnesota Regulations 4410.4300 and 4410.4400), and history of law

at: http://www.leg.state.mn.us/lrl/issues/prairieisland.asp and

http://www.house.leg.state.mn.us/hrd/pubs/nucxcel.pdf.

28. NRC and Department of Energy Contractors. The State should provide

exemptions for NRC and DOE contractors which are substantially equivalent to

the following exemptions:

a. Prime contractors performing work for the DOE at U.S. Government-owned

or controlled site;

b. Prime contractors performing research in, or development, manufacture,

storage, testing, or transportation of, atomic weapons or components

thereof; 

c. Prime contractors using or operating nuclear reactors or other nuclear 

devices in a U.S. Government-owned vehicle or vessel; and
22

d. Any other prime contractor or subcontractor of DOE or NRC when the

State and the NRC jointly determine (i) that, under the terms of the contract

or subcontract, there is adequate assurance that the work thereunder can

be accomplished without undue risk to the public health and safety; and

(ii) that the exemption of such contractor or subcontractor is authorized by

law. 

The NRC staff review verified that Minnesota has adopted 10 CFR Parts 30, 40 and 70

compatible rules including §§ 30.12, 40.11 and 70.11 wherein the specified exemptions

are contained. Based on this, the NRC staff concludes that the Minnesota regulations

do provide for exemptions from the State’s requirements for licensing of sources of

radiation for NRC and DOE contractors or subcontractors in accordance with the

criterion.

The staff concludes that this criterion is satisfied.

References: Letter dated July 6, 2004, from Governor Pawlenty to Chairman Diaz,

request for an Agreement, Section 4.2, and additional related correspondence between

the NRC and the State (ADAMS: ML041960496, ML041960499, ML052440344,

ML050130375, ML050140452, ML051330043, ML051740384, ML051650073,

ML052200424), and Chapter 4731 Radiation Safety. 

STAFF CONCLUSION

Section 274d. of the Act provides that the Commission shall enter into an Agreement under

Section 274b. with any State if:

(a) The Governor of the State certifies that the State has a program for the control of

radiation hazards adequate to protect public health and safety with respect to the

agreement materials within the State, and that the State desires to assume regulatory

responsibility for the agreement materials; and

(b) The Commission finds that the State program is in accordance with the requirements of

Section 274o., and in all other respects compatible with the NRC's program for the

regulation of materials, and that the State program is adequate to protect public health

and safety with respect to the materials covered by the proposed Agreement.

The NRC staff has reviewed the proposed Agreement, the certification by Minnesota in the

application for an Agreement in letter dated July 6, 2004, from Governor Pawlenty to Chairman

Diaz, and the supporting information provided by the staff of the RCU of the MDH.

The staff concludes that:

On the basis of this Assessment, the State of Minnesota meets the requirements of Section 274

of the Act. The Minnesota Program, as defined by its statutes, regulations, personnel,

licensing, inspection, and administrative procedures, is compatible with the program of the NRC

and adequate to protect public health and safety with respect to the materials covered by the

proposed Agreement. Although the State has statutes, not a part of the Minnesota Program,
23

which potentially may intrude on matters reserved to the NRC, these statutes do not deal with

the regulation of agreement materials, and the staff is satisfied that these statutes will not affect

or interfere with the regulation of materials under the proposed Agreement.

As a policy matter, if the NRC enters into an Agreement with the State of Minnesota, it will not

in any way be precluded in the future from discussing with the State its regulation in matters

potentially reserved to the NRC, because the NRC is ceding no authority to Minnesota in the

areas covered by the Minnesota statutes in question. There is no indication that Minnesota

statutes have actually interfered with the regulation of reactors or other matters in which the

NRC has exclusive jurisdiction, and the staff is satisfied that there is no actual or potential

health, safety, or security significance with respect to the Minnesota statutes in question, nor

have affected licensees raised any preemption issues with respect to the Minnesota statutes.

In addition, the policy consequences of refusing to enter into an Agreement with Minnesota on

the basis of these statutes are considerable. First of all, to do so would contradict the

Commission’s stated policy on compatibility, as found in the Commission’s 1997 Policy

Statement, which in the definition of compatibility restricts the scope of compatibility to the

regulation of agreement materials. Second, to consider statutes which are not part of a State’s

submitted program for the regulation of material under the Agreement would go beyond the

scope of the Agreement itself and force the staff, before entering into an Agreement, to perform

a wide-ranging search of State statutes and regulations that have little or nothing to do with

regulation of materials under the proposed Agreement. 
ENCLOSURE 3

DRAFT LETTER 

FROM

CHAIRMAN NILS J. DIAZ

TO 

GOVERNOR TIM PAWLENTY
DRAFT

The Honorable Tim Pawlenty

Governor of Minnesota

St. Paul, MN 55155 

Dear Governor Pawlenty: 

I am pleased to inform you that the U. S. Nuclear Regulatory Commission (NRC) has approved

your request for an Agreement under which the NRC will discontinue and the State of

Minnesota will assume regulatory authority over the acquisition, possession, use, transfer, and

disposal of certain byproduct material, source material and special nuclear material in quantities

not sufficient to form a critical mass. 

Enclosed are three formal copies of the Agreement for your signature. After signature, one

copy should be retained by your office, and the other two copies should be mailed to 

Janet R. Schlueter, Director, Office of State and Tribal Programs, U.S. Nuclear Regulatory

Commission, Washington, DC 20555. 

We are pleased with your interest in participating in the Agreement State Program and look

forward to the continued excellent relationship we have enjoyed with the State of Minnesota in

the past.

Sincerely,

Nils J. Diaz

Enclosures:

As stated
ENCLOSURE 4

DRAFT

FEDERAL REGISTER NOTICE OF 

AGREEMENT SIGNING
[7590-01-P]

U. S. Nuclear Regulatory Commission

State of Minnesota: Discontinuance of Certain Commission Regulatory 

Authority Within the State; Notice of Agreement Between the 

NRC and the State of Minnesota 

AGENCY: U. S. Nuclear Regulatory Commission.

ACTION: Notice of Agreement between the NRC and the State of Minnesota. 

SUMMARY: This notice is announcing that on March ___, 2006, Dr. Nils J, Diaz, Chairman of

the U. S. Nuclear Regulatory Commission (NRC), and on March ___,2006, Governor Tim

Pawlenty of the State of Minnesota signed an Agreement as authorized by Section 274b of the

Atomic Energy Act of 1954, as amended (Act). The Agreement provides for the Commission

to discontinue its regulatory authority and for Minnesota to assume regulatory authority over the

possession and use of byproduct material as defined in Section 11e.(1) of the Act, source

material, and special nuclear materials (in quantities not sufficient to form a critical mass). 

Under the Agreement, a person in Minnesota possessing these materials is exempt from

certain Commission regulations. The exemptions have been previously published in the

Federal Register (FR) and are codified in the Commission’s regulations as 10 CFR Part 150. 

The Agreement is published here as required by Section 274e of the Act.

FOR FURTHER INFORMATION CONTACT: Cardelia H. Maupin, Office of State and Tribal 

Programs, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. Telephone 

(301) 415-2312; e-mail CHM1@NRC.GOV.

SUPPLEMENTARY INFORMATION: The draft Agreement was published in the FR for

comment once a week for four consecutive weeks (see, e.g., 70 FR 68102, November 9, 2005)

as required by the Act. The public comment period ended on December 9, 2005. The
2

Commission received no comments. The proposed Minnesota Agreement is consistent with

Commission policy and thus meets the criteria for an Agreement with the Commission. 

After considering the request for an Agreement by the Governor of Minnesota, the

supporting documentation submitted with the request for an Agreement, and its interactions

with the staff of the Minnesota Department of Health, the NRC staff completed an assessment

of the Minnesota program. A copy of the staff assessment was made available in the NRC’s

Public Document Room (PDR) and electronically on NRC’s Web site. Based on the staff’s

assessment, the Commission determined on February ___, 2006, that the proposed Minnesota

program for control of radiation hazards is adequate to protect public health and safety, and

compatible with the Commission’s program. 

Documents may be examined, and/or copied for a fee, at the NRC’s PDR, located at

One White Flint North, 11555 Rockville Pike (first floor), Rockville, Maryland. Documents

referred to in this notice and other publicly available documents are available electronically at

the NRC’s Public Electronic Reading Room on the Internet at the NRC Web site, 

http://www.nrc.gov/reading-rm/adams.html. From this site, the public can gain entry into the

NRC’s Agencywide Document Access and Management System (ADAMS), which provides text

and image files of NRC’s public documents. If you do not have access to ADAMS or if there

are problems in accessing the documents located in ADAMS, contact the NRC PDR Reference

staff at 1-800-397-4209, 301-415-4737 or by e-mail to pdr@nrc.gov.

Dated at Rockville, Maryland, this _____day of ______, 2006.

For the Nuclear Regulatory Commission.

__________________________________

 Annette L. Vietti-Cook,

Secretary of the Commission.
3

Attachment

Agreement Between 

The United States Nuclear Regulatory Commission 

and 

The State of Minnesota

for the 

Discontinuance of Certain Commission Regulatory Authority 

and

Responsibility Within the State Pursuant to

 Section 274 of the Atomic Energy Act of 1954, as Amended

WHEREAS, The United States Nuclear Regulatory Commission (hereinafter referred to as the

Commission) is authorized under Section 274 of the Atomic Energy Act of 1954, as amended

(hereinafter referred to as the Act), to enter into agreements with the Governor of any State

providing for discontinuance of the regulatory authority of the Commission within the State

under Chapters 6, 7, and 8, and Section 161 of the Act with respect to byproduct materials as

defined in Sections 11e. (1) and (2) of the Act, source materials, and special nuclear materials

in quantities not sufficient to form a critical mass; and,

WHEREAS, The Governor of the State of Minnesota is authorized under §144.1202, 

Subdivision 1, Minnesota Statutes, to enter into this Agreement with the Commission; and,

WHEREAS, The Governor of the State of Minnesota certified on July 6, 2004, that the State of

Minnesota (hereinafter referred to as the State) has a program for the control of radiation

hazards adequate to protect public health and safety with respect to the materials within the

State covered by this Agreement, and that the State desires to assume regulatory responsibility

for such materials; and,

WHEREAS, The Commission found on [ ] that the program of the State for the regulation of
4

the materials covered by this Agreement is compatible with the Commission’s program for the

regulation of such materials and is adequate to protect public health and safety; and,

WHEREAS, The State and the Commission recognize the desirability and importance of

cooperation between the Commission and the State in the formulation of standards for

protection against hazards of radiation and in assuring that State and Commission programs for

protection against hazards of radiation will be coordinated and compatible; and,

WHEREAS, The Commission and the State recognize the desirability of the reciprocal

recognition of licenses, and of the granting of limited exemptions from licensing of those

materials subject to this Agreement; and,

WHEREAS, This Agreement is entered into pursuant to the provisions of the Act; 

NOW, THEREFORE, It is hereby agreed between the Commission and the Governor of the

State acting in behalf of the State as follows:

ARTICLE I

Subject to the exceptions provided in Articles II, IV, and V, the Commission shall discontinue,

as of the effective date of this Agreement, the regulatory authority of the Commission in the

State under Chapters 6, 7, and 8, and Section 161 of the Act with respect to the following

materials:

A. Byproduct materials as defined in Section 11e. (1) of the Act;
5

B. Source materials;

C. Special nuclear materials in quantities not sufficient to form a critical mass.

ARTICLE II

This Agreement does not provide for discontinuance of any authority and the Commission shall

retain authority and responsibility with respect to:

A. The regulation of the construction and operation of any production or utilization facility or

any uranium enrichment facility;

B. The regulation of the export from or import into the United States of byproduct, source,

or special nuclear materials, or of any production or utilization facility;

C. The regulation of the disposal into the ocean or sea of byproduct, source, or special

nuclear materials waste as defined in the regulations or orders of the Commission;

D. The regulation of the disposal of such other byproduct, source, or special nuclear

materials as the Commission from time to time determines by regulation or order should,

because of the hazards or potential hazards thereof, not be so disposed without a

license from the Commission;

E. The evaluation of radiation safety information on sealed sources or devices 

containing byproduct, source, or special nuclear materials and the registration of the 
6

sealed sources or devices for distribution, as provided for in regulations or orders of 

the Commission;

F. The regulation of the land disposal of byproduct, source, or special nuclear materials 

waste received from other persons;

G. The extraction or concentration of source material from source material ore and the

management and disposal of the resulting byproduct material. 

ARTICLE III

With the exception of those activities identified in Article II, paragraphs A through D, this

Agreement may be amended, upon application by the State and approval by the Commission,

to include one or more of the additional activities specified in Article II, paragraphs E, F and G, 

whereby the State may then exert regulatory authority and responsibility with respect to those

activities and materials.

ARTICLE IV

Notwithstanding this Agreement, the Commission may from time to time by rule, regulation, or

order, require that the manufacturer, processor, or producer of any equipment, device,

commodity, or other product containing source, byproduct, or special nuclear materials shall not

transfer possession or control of such product except pursuant to a license or an exemption

from licensing issued by the Commission.
7

ARTICLE V

This Agreement shall not affect the authority of the Commission under subsection 161b or 161i

of the Act to issue rules, regulations, or orders to protect the common defense and security, to

protect restricted data, or to guard against the loss or diversion of special nuclear materials.

ARTICLE VI

The Commission will cooperate with the State and other Agreement States in the formulation of

standards and regulatory programs of the State and the Commission for protection against

hazards of radiation and to assure that Commission and State programs for protection against

hazards of radiation will be coordinated and compatible. The State agrees to cooperate with

the Commission and other Agreement States in the formulation of standards and regulatory

programs of the State and the Commission for protection against hazards of radiation and to 

assure that the State’s program will continue to be compatible with the program of the

Commission for the regulation of materials covered by this Agreement. 

The State and the Commission agree to keep each other informed of proposed changes in their

respective rules and regulations, and to provide each other the opportunity for early and

substantive contribution to the proposed changes.

The State and the Commission agree to keep each other informed of events, accidents, and

licensee performance that may have generic implication or otherwise be of regulatory interest.
8

ARTICLE VII

The Commission and the State agree that it is desirable to provide reciprocal recognition of

licenses for the materials listed in Article I licensed by the other party or by any other

Agreement State. Accordingly, the Commission and the State agree to develop appropriate

rules, regulations, and procedures by which such reciprocity will be accorded.

ARTICLE VIII

The Commission, upon its own initiative after reasonable notice and opportunity for hearing to

the State, or upon request of the Governor of the State, may terminate or suspend all or part of

this Agreement and reassert the licensing and regulatory authority vested in it under the Act if

the Commission finds that (1) such termination or suspension is required to protect public

health and safety, or (2) the State has not complied with one or more of the requirements of

Section 274 of the Act. The Commission may also, pursuant to Section 274j of the Act,

temporarily suspend all or part of this Agreement if, in the judgement of the Commission, an

emergency situation exists requiring immediate action to protect public health and safety and

the State has failed to take necessary steps. The Commission shall periodically review this

Agreement and actions taken by the State under this Agreement to ensure compliance with

Section 274 of the Act which requires a State program to be adequate to protect public health

and safety with respect to the materials covered by this Agreement and to be compatible with

the Commission’s program.
9

ARTICLE IX

This Agreement shall become effective on [date], and shall remain in effect unless and until

such time as it is terminated pursuant to Article VIII.

Done at Rockville, Maryland, in triplicate, this ____ day of _______, 2006.

FOR THE UNITED STATES NUCLEAR 

REGULATORY COMMISSION

_________________________________

Nils J. Diaz, Chairman

Done at St. Paul, Minnesota, in triplicate, this ____ day of _______, 2006.

FOR THE STATE OF MINNESOTA

___________________________________ 

Tim Pawlenty, Governor