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OFFICE OF THE SECRETARY

CORRESSPONDENCE CONTROL TICKET

Date Pri,,ted: Apr- 17, 2007 16:14

PAPER NUMBER:

ACTION OFFICE:

LTR-07-0'254

EDO

LOGGING I)ATE: 04/17/2007

S EDO

DEDMRS

DEDR

DEDIA

AO

9,

AUTHOR:

AFFILIATION:

ADDRESSEE:

John Lynch

NH-GOV

CHRM Dale Klein

SUBJECT: Concerns the provisions of Section 65 l(e) of the EPAct of 2005, regarding the licensing of

certain naturally occurring and accelerator produced radioactive materials

ACTION:

DISTRIBUTION:

LETTER DATE:

ACKNOWLEDGED

SPECIAL HANDLING:

Appropriate

RF

04/12/2007

No

Immediate release to the public via SECY/EDO/DPC

NOTES:

FILE LOCATION: ADAMS

DATE DUE: DATE SIGNED:
JOHN H. LYNCH

Governor

*afr atef 'Neii ý6myshiirr

OFFICE OF THE GOVERNOR

107 North Main Street, State House - Rm 208

Concord, New Hampshire 03301

Telephone (603) 271-2121

www.nh.gov/governor

governorlynch@nh.gov

April 12, 2007

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

United States Nuclear Regulatory Commission

Washington, D.C. 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 now defined as byproduct material in Sections 11 e.(3) and 11 e.(4)

of the Atomic Energy Act of 1954, as amended.

In April 1966, the State of New Hampshire 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 Sectionh lle.(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 1 le.(l) 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 to the Commission that the State of New Hampshire has a program

for licensing byproduct material, as defined in paragraph (3) or (4) of Section lIe. 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."

If you require additional information, please contact Dennis O'Dowd, Administrator,

Radiological Health Section at (603) 271'-4588.

Sincerely,

TDD:Access: Relay NH, 1-.800-735-2964
. STATE OF NEW HAMPSHIRE

OFFICE OF THE GOVERNOR

' " CONCORD, N.H. 03301-4990 RETURN SERVICE

REQUESTED

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

-United States-Nuclear Regulatory Commission

Washington;iJD'C. :20555

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