OFFICE OF THE SECRETARY

CORRESPONDENCE CONTROL TICKET

Date Printed: Mar 01, 2007 16:33

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LTR-07-0146

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GOV Jim Doyle - DEDMRS

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WI-GOV DEDIA

Dale Klein AO

Concerns the licensing of certain naturally ocurring and accelerator produced radioactive

materials

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02/26/2007

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DATE DUE: DATE SIGNED:
JIM DOYLE

GOVERNOR

STATE OF WISCONSIN

February 26, 2007

The Honorable Dale E. Klein, Ph.D., Chairman

United States Nuclear Regulatory Commission

Washington, DC 20555

Dear Dr. Klein:

The purpose of this letter is to comply with the provisions of Section 651 E of the

Energy Policy Act of 2005, regarding the licensing of certain naturally occurring and

accelerator produced radioactive materials. These materials are now defined as

byproduct material in sections lIe. (3) and l1 e. (4) of the Atomic Energy Act of 1954,

as amended.

In 2003, the State of Wisconsin entered into an Agreement with the Commission

under Section 274b. of the Atomic Energy Act of 1954, as amended. Under that

agreement, the State licenses byproduct material as defined in Section 1 le. (1) of the

Atomic Energy Act. In addition, the State licenses the naturally occurring and

accelerator produced radioactive materials now defined as byproduct material.

Our program for licensing the new byproduct material is not separate and distinct

from the program for licensing lIe. (1) byproduct material, and no changes have been

made to the licensing program that would impact the previous IMPEP finding of

adequacy. Further, we intend to continue to license the new byproduct material under

this same program.

Accordingly, I certify that the State of Wisconsin has a program for licensing

byproduct material, as defined in paragraph (3) or (4) of Section 1 le. of the Atomic

Energy Act of 1954, as amended, that is adequate to protect the public health and

safety, and that the State intends to continue to implement our regulatory

responsibility with respect to the byproduct material. This certification is effective on

the date of publication of the Nuclear Regulatory Commission's "Plan for the

Transition of Regulatory Authority Resulting from the Expanded Definition of

Byproduct Material."

Sincerely,

Jim Doyle

Governor

P.O. Box 7863, MADISON, WISCONSIN 53707-7863 # (608) 266-1212 * FAX: (608) 267-8983

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Fwd: Governor's certification letter

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MESSAGE 1586 3/1/2007 12:48:16 PM

02-26-07 Nuclear Regulatory Commission State License-l.pdf 73138 3/1/2007

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