Federal and State Materials and Environmental Management

Programs (FSME) Procedure Approval

Termination of a Section 274b Agreement

 SA-115

Issue Date: September 25, 2007

Review Date: September 25, 2010

Janet R. Schlueter Original singed by

Director, DMSSA, FSME Robert J. Lewis Acting for Date: 9/25/2007

A. Duncan White Original signed by

Branch Chief, SAISB, DMSSA A. Duncan White Date: 9/24/2007

Kim K. Lukes Original signed by

Procedure Contact, SAISB, DMSSA Kim Lukes Date: 9/19/2007

ML072510008

NOTE

This procedure was formerly issued by the Office of State and Tribal Programs (STP). 

Any changes to the procedure will be the responsibility of the Federal and States Materials and

Environmental Management Programs (FSME) Procedure Contact as of October 1, 2006. 

Copies of this procedure will be available through NRC’s website.
Procedure Title:

Termination of a Section 274b Agreement

Procedure Number: SA-115

Page: 1 of 9 

Issue Date: 

9/25/2007

I. INTRODUCTION

This procedure describes the process used by the Commission to terminate an Agreement

State program. 

II. OBJECTIVE

A. To provide the guidelines to be followed by the Nuclear Regulatory Commission

(NRC) when considering whether or not to terminate an agreement pursuant to the

authority contained in Section 274j(1) of the Atomic Energy Act (Act), as

amended.

B. To describe the method for processing the termination, whether initiated at the

request of the State or at the initiative of the NRC.

III. BACKGROUND 

A. Section 274j of the Act, as amended, allows the Commission, upon its own

initiative after reasonable notice and opportunity for hearing to the State, or upon

request of the Governor of such State, to terminate its agreement with a State if

such termination is required to protect the public health and safety, or if the State

has not complied with one or more of the requirements of Section 274 of the Act

(e.g., is found to be not compatible with the Commission's program). In cases

where the Commission finds that program deficiencies are such that the State can

no longer protect the public health and safety or continuing incompatibility results

in significant national disruption, the Commission will institute proceedings to

terminate the agreement with the State. The Commission can institute procedures

to terminate an agreement even though the State has not been on probation. 

Procedures to address Agreement State probation can be found in the Office of

Federal and State Materials and Environmental Management Programs (FSME)

Procedure SA-113, “Placing an Agreement State on Probation.” Procedures to

address emergency situations to temporarily suspend all or part of an agreement

with a State can be found in FSME Procedure SA-112 “Emergency Suspension of

a Section 274b Agreement.”

B. The Commission’s “Statement of Principles and Policy for the Agreement State

Program,” dated September 3, 1997, established the option of terminating an

Agreement State program. Section 274j(1) of the Act, as amended, calls on the
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Commission to suspend or terminate an Agreement State program if “the State has

not complied with one or more of the requirements” of Section 274. 

C. Before reaching a final decision on termination, the Commission will notify the

State and provide the State an opportunity for a hearing on the proposed

termination as discussed in Section V.D.1. However, if the State requests

termination of the Agreement, the notice and opportunity for a hearing to the State

is not necessary. Notice of the proposed termination will also be published in the

Federal Register.

IV. ROLES AND RESPONSIBILITIES 

A. The Management Review Board (MRB) is responsible for considering the results

of the Agreement State review and any other appropriate information in making a

recommendation to the Commission to terminate an Agreement State program. 

B. The Executive Director for Operations (EDO) signs the Commission Paper

containing the staff’s recommendation based on the request initiated by the State

Governor or MRB’s recommendation that NRC initiate the proceedings to

terminate an agreement. 

C. FSME is responsible for taking the lead in the preparation and coordination of the

first Commission Paper recommending the termination of the Agreement State

program in question. FSME also coordinates all followup termination

notifications, i.e., to the Governor, the Federal Register, the U.S. Department of

Labor, Agreement State licensees, and all States. 

D. The Office of the General Counsel (OGC) is the lead for the preparation of the 

Commission Paper containing the termination order and the Federal Register

Notice announcing the Commission decision. 

E. The Office of Congressional Affairs (OCA) is responsible for notifying

Congressional Committees of the Agreement State program termination. 

F. The Office of Public Affairs (OPA) is responsible for releasing a public

announcement of the Commission’s decision to terminate the agreement. 

G. The appropriate NRC Region is responsible for taking the lead in conducting a

meeting with the licensees in the State to explain the reassertion of NRC authority

and present fee structure. This is to be done in consultation with the OGC and the

Office of the Chief Financial Officer (OCFO).
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Issue Date:

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H. The Commission or a Commission-appointed Special Agreement State Board is

responsible for conducting an informal termination hearing, if so requested by the

Agreement State.

V. GUIDANCE 

A. Minimum Criteria for Termination 

1. At the request of the Governor, NRC may terminate all or part of its

Agreement with a State and reassert its authority. The letter should be

addressed to the Chairman of the NRC from the Governor.

2. The Commission will institute formal procedures to terminate an

agreement under the following circumstances:

a. The State radiation control program is found to be inadequate to

protect public health and safety, and no compensating program has

been implemented; 

b. The State has been on probation for a period of time during which

it failed to respond to NRC concerns regarding the State's ability to

carry out a program to protect public health and safety; or 

c. The State radiation control program is not compatible with the

NRC program and the State has refused, or is unable, to address

those areas previously identified as compatibility concerns and the

non-compatibility is significantly disruptive to the national

program among NRC and Agreement States for the regulation of

Atomic Energy Act material.

3. The following are examples of situations where NRC would consider

initiating formal procedures to terminate an agreement. This list is not

inclusive and other situations may require consideration by the

Commission at the recommendation of the MRB and the EDO.

a. Significant loss of staff, which includes number of staff or those

with critical skills, coupled with a State's inability to hire

appropriate replacements in a timely manner to meet the needs of

the program.
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b. Continual problems which manifest in the State's inability to

perform adequate inspections, respond to incidents, events or

allegations, or issue appropriate licenses.

c. State's inability to adopt compatible program elements over a

significant period of time.

d. Continued probationary or suspension status for a State program. 

B. MRB

1. The MRB will meet to discuss the specific program review findings if the

State is in a situation where NRC would consider initiating formal

procedures to terminate an agreement. These meetings are normally open

to the public and Agreement States' representatives will be invited to

attend (SA-106, The Management Review Board). MRB's internal

deliberation regarding the termination of an Agreement State program may

be closed, given the predecisional nature of those discussions.

2. Following the MRB meeting and based upon its determination, the MRB

will make a recommendation to the EDO, and subsequently to the

Commission, to terminate the Agreement State program in question. 

C. FSME

1. If it is the recommendation of the MRB and EDO that NRC initiate the

proceedings to terminate an agreement, FSME is assigned the lead for

preparation of a Commission Paper. The Commission Paper will contain

the MRB recommendations and any other information pertinent to the

staff’s recommendations supporting the termination of the Agreement

State program in question. The paper will also assess potential resource

implications of NRC reasserting authority. (See Appendix A for sample

Commission Paper, including a sample Federal Register Notice.)

2. The initial Commission paper will be coordinated with OGC, OCFO and

the appropriate Region. 

D. The Commission

1. Before a decision is made on the MRB’s recommendation, the

Commission must provide the State with reasonable notice and an
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opportunity to request a hearing on the issue, as required by Section

274j(1), as amended. Section 274j(1) does not require such a hearing if

termination is requested by the Governor. 

2. If the State does not request a hearing or the State Governor requests

termination, the Commission will proceed to make a final decision on the

issue. 

a. OGC and FSME will be the lead for preparation of a Commission

Paper containing the termination order, the Federal Register

Notice announcing the Commission decision, and letter notifying

the Governor of the termination (see Appendix B or C for

appropriate Commission Paper). 

b. FSME will provide as supplemental information to the 

Commission Paper: 

i. Public Announcement (see Appendix D);

ii. Letters to Congressional Committees (see Appendix E);

iii. Letter to U.S. Department of Labor (DOL), U.S.

Department of Energy (DOE), Council on Environmental

Quality (CEQ), U.S. Food and Drug Administration (FDA),

U.S. Environmental Protection Agency (EPA), and

Department of Homeland Security (DHS) (see Appendix

F).

iv. Letter to State Licensees (see Appendix G).

v. All Agreement and Non-Agreement States Letter (see

Appendix H).

3. If the State does request a hearing, the Commission will initiate the

hearing process described in Section E below.

4. Whether or not a hearing is requested, if the Commission decides not to

support the recommendation to terminate the State's program, the

Governor will be notified of this result.
SA-115: Termination of a Section 274b Agreement

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Issue Date:

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E. Hearing

1. The hearing for the termination (including the termination of a program

that had been previously suspended) of an Agreement State program will

be an informal hearing conducted either by the Commission itself, or at the

Commission's discretion, by a Special Agreement State Board appointed

by the Commission. In cases where the Commission determines that a

Special Board will be used, the Board will consist of three members: 

a. The Chair of the Organization of Agreement States (OAS) (unless

the Chair is from the State in question, in which case the

Agreement State representative will be the past Chair of the OAS);

b. An official from OGC; and

c. The Deputy Regional Administrator of a NRC Regional Office

(outside of the Region in which the State is located).

2. The Commission, or the Special Board, as appropriate, will conduct an

informal hearing to address the issues in question. 

a. At the hearing, the NRC staff, representatives of the Agreement

State, and interested third parties will have an opportunity to offer

their views, answer questions, and submit written materials.

b. Third parties whose interests may be affected may submit written

material and may offer their views for a limited period of time.

c. After consideration of the issues, the Commission or the Special

Board will issue a decision on termination. A majority of the

Commission or the Special Board will be required to support a

decision.

d. In cases where a Special Board is used, the Commission will have

discretion to review the decision of the Special Board, and either

uphold or overturn the Board's decision. 
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F. Agreement State and NRC Activities During Termination Proceedings

During the period of time the State is requesting termination of an agreement or

NRC is pursuing termination of an agreement with a State, State and NRC

activities should be coordinated so that there is continued protection of the public

health and safety. FSME will coordinate with the State and Region as to the

necessary technical assistance to continue the protection of public health and

safety.

G. Additional Coordination After Terminations

1. NRC will conduct a meeting with the licensees in the State to explain the

reassertion of NRC authority and the present fee structure. Lead for the

meeting should be the Region in consultation with OGC and OCFO. 

2. After the termination of the agreement, FSME will issue letters to the

U.S. Department of Labor and other Federal Agencies advising the various

agencies of the effective date of the termination of the agreement (see

Appendix F).

3. The Regional State Agreements Officer (RSAO) should obtain from the

State a computer printout of all specific and general licenses under the

State's agreement. Mailing labels should be obtained, if possible, from the

State. A letter should be prepared notifying each licensee of the

termination, reassertion of NRC’s authority, and appropriate information

(see Appendix G).

4. FSME will prepare a letter to All Agreement and Non-Agreement States

notifying them of the effective date of the termination and, if appropriate,

enclosing a copy of the Order or Federal Register Notice (see Appendix

H).

5. The Region will coordinate with the State so that all necessary action is

taken to have the files for the licenses transferred to the NRC.

H. Renewed Interest in 274b

A State that has had an agreement terminated by the NRC may, at a later date,

express interest in obtaining a new agreement. The State should be treated as

other Non-Agreement States interested in agreements, and FSME Procedure

SA-700, Processing a New Agreement, should be followed for these negotiations.
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VI. APPENDICES

Appendix A - Sample Commission Paper for Reassertion of NRC Authority in an

Agreement State and Request for Hearings

Enclosure 1 - Management Review Board Recommendations

Enclosure 2 - Proposed Federal Register Notice Regarding Opportunity

for Hearing on Reassertion

Appendix B - Sample Commission Paper for Reassertion of NRC Authority in an

Agreement State

Enclosure 1 - Order Terminating Agreement State Program

Enclosure 2 - Federal Register Notice Regarding Reassertion

Enclosure 3 - Letter to Governor Regarding the Commission Decision on

Termination

Appendix C - Sample Commission Paper for Reassertion of NRC Authority in an

Agreement State upon the Request of a State Governor

Enclosure 1 - Order Terminating Agreement State Program

Enclosure 2 - Federal Register Notice Regarding Reassertion

Enclosure 3 - Letter to Governor Regarding the Commission Decision on 

Termination

Appendix D - Sample Public Announcement to be Issued by the Office of Public Affairs

Appendix E - Sample Letters to Congressional Committees

Appendix F - Sample Letter to U.S. Department of Labor and other Federal Agencies on

Termination

Appendix G - Sample Letter to Licensees Regarding Termination and Reassertion

Appendix H - Sample Letter to All States Regarding Termination and Reassertion

VII. REFERENCES

1. FSME Procedure SA-106, The Management Review Board

2. FSME Procedure SA-112, Emergency Suspension of a Section 274b Agreement

3. FSME Procedure SA-113, Placing an Agreement State on Probation

4. FSME Procedure SA-114, Suspension of a Section 274b Agreement

5. FSME Procedure SA-700, Processing a New Agreement

6. “Statement of Principles and Policy for the Agreement State Program,” dated

September 3, 1997

VIII. ADAMS REFERENCE DOCUMENTS

The previous revision of SA-115 can be found in the Agencywide Documents Access and

Management System as follows:
SA-115: Termination of a Section 274b Agreement

Page: 9 of 9 

Issue Date:

9/25/2007 

 Date Document Title/Description ADAMS ML#

05/15/2001 STP Procedure SA-115, Termination of a Section ML011370786

274b Agreement
Appendix A

SAMPLE Commission Paper for Reassertion of NRC Authority in an Agreement State

and Request for Hearings

FOR: The Commissioners

FROM: Executive Director for Operations

SUBJECT: STAFF'S RECOMMENDATIONS REGARDING TERMINATION OF

[STATE'S] AGREEMENT WITH THE COMMISSION AND OPPORTUNITY

FOR HEARING

PURPOSE:

To present the results of the staff review of the [State] program, the Management Review Board's

(MRB) recommendation for termination of [all or part] of the [State] agreement and request that

a special Agreement State Board be convened to provide [State] with an opportunity for a

hearing if requested.

SUMMARY:

A review of [State's] Agreement State program was conducted on [Date]. As a result of this

review and results of the MRB, the staff finds that [State's] regulatory program [is inadequate to

protect public health and safety and/or has not complied with one or more requirements of

Section 274 of the Atomic Energy Act (Act)]. Accordingly, the staff is recommending that the

Commission initiate hearing procedures, if requested, for the termination of [State's] program.

DISCUSSION:

Section 274j of the Act authorizes the Commission to terminate the agreement with any State,

after reasonable notice and an opportunity for hearing to the State, and to reassert the

Commission's licensing and regulatory authority if the Commission finds that such termination is

required to adequately protect public health and safety or because the State has not complied with

one or more requirements of the Act. 

[This section should contain facts concerning the State's program, why termination is appropriate

versus suspension. Reviews, MRB meetings, and discussions and correspondence with the State

addressing the deficiencies should be documented.]

[The staff should document any information on whether the State will be requesting a hearing

regarding the termination. If a hearing request is likely, staff should discuss the options of the

informal hearing conducted by the Commission or by the Special Agreement State Board.]
Appendix A (Continued)

Enclosure 1 includes the MRB recommendations. The proposed Federal Register Notice

notifying the State of an opportunity for a hearing is shown in Enclosure 2.

RECOMMENDATION:

That the Commission:

1. Notify [State] of an opportunity for a hearing on the proposed termination through

[Special Agreement State Board or Commission itself]. If requested, approve such a

request.

RESOURCES: [TO BE DEVELOPED IN COORDINATION WITH THE OFFICE OF

THE CHIEF FINANCIAL OFFICER]

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.

Executive Director

 for Operations

Enclosures:

1. MRB Recommendations 

2. Proposed Federal Register Notice Notifying

 [State] of an Opportunity for a Hearing
Appendix A - Enclosure 1

 SAMPLE Management Review Board Recommendations

MEMORANDUM TO: Executive Director for Operations

FROM: Deputy Executive Director for Materials, Waste, Research, State,

 Tribal, and Compliance Programs

Chairman, Management Review Board

SUBJECT: MANAGEMENT REVIEW BOARD RECOMMENDATIONS

FOR THE TERMINATION OF THE [STATE] AGREEMENT

PROGRAM

On [Date], the Management Review Board (MRB) met to consider the review of the [State]

Agreement State program. Enclosed are the meeting minutes.

[Give details on the program deficiencies, the MRB adequacy and compatibility findings, and the

State's response to the findings.]

Given the responsibility of the NRC to protect the public health and safety, the MRB

recommends that you direct the staff to prepare a Commission paper to initiate termination of the

agreement between [State] and NRC, dated [Date].

 Enclosure:

As stated
Appendix A - Enclosure 2

SAMPLE Federal Register Notice Regarding Opportunity for Hearing on

Reassertion of NRC’s authority

Opportunity for Hearing on Termination of [State's] Regulatory Authority and the Reassertion of

NRC Authority 

AGENCY: U.S. Nuclear Regulatory Commission (NRC)

ACTION: Notice of Opportunity for Hearing on Termination of the [State] Regulatory

Authority and the Reassertion of the NRC Authority 

SUMMARY: The NRC staff has proposed that the Commission terminate [State's] regulatory

authority over [identify part of agreement affected and material affected] and

reassert NRC's authority in [State]. The staff believes that such action is

necessary in order to ensure that public health and safety will be protected. 

Accordingly, the Commission is providing the State with this notice of

opportunity for a hearing on the proposed termination of the [State's] regulatory

authority. 

FOR FURTHER INFORMATION CONTACT:

[FSME CONTACT], Office of Federal and State Materials and Environmental

Management Programs, U.S. Nuclear Regulatory Commission, Washington, DC

20555, telephone [telephone number], e-mail: XXX@NRC.GOV.

SUPPLEMENTARY INFORMATION:

Under Section 274 of the Atomic Energy Act (Act) of 1954, as amended,

individual States can assume part of the NRC's regulatory authority over the

possession and use of byproduct, source, and special nuclear materials. In order to

effect and maintain such a transfer of authority, the State must demonstrate that its

program is adequate to protect the public health and safety and is also compatible

with the Commission's program for regulating those materials.

[Narrative on whether the State has requested termination]. 

Staff review and recommendations regarding the adequacy and compatibility of

Agreement State Programs are made through the Management Review Board

(MRB) which consists of senior NRC managers and an Agreement State

representative. The MRB makes its decisions regarding the adequacy of each

Agreement State's program based on the staff's review of the program. In

reviewing [State's] program, the MRB has recommended that the Commission 
Appendix A - Enclosure 2 (Continued)

terminate the State's agreement with NRC [Narrative of MRB findings and any

hearings.] 

Pursuant to the provisions of Section 274j of the Act , as amended, the staff has

proposed that the Commission terminate the [State] agreement over [identify part

of agreement affected and material affected] and reassert NRC's authority in

[State] in order to protect the public health and safety. 

Section 274j(1) of the Act requires that before termination or suspension of all or

part of an agreement, reasonable notice and opportunity for hearing must be

provided to the State. If the State does not request a hearing within 30 days, the

Commission will make a final decision on the staff's recommendation to terminate

the State's Agreement. If a hearing is requested by the State, [provide details

regarding the conduct of the hearing including the question as to whether the

hearing will be conducted by the Special Agreement State Board or the

Commission itself.] After consideration of information obtained from the

hearing, the Commission will make a final determination on termination of the

agreement with the State of [State's Name].

Existing licensees in [State] will be advised of this potential change in regulatory

authority if the Commission decides to initiate termination proceedings. 

For information regarding this reassertion action contact [Director], FSME.
Appendix B

 SAMPLE Commission Paper for Reassertion of NRC

Authority in an Agreement State

FOR: The Commissioners

FROM: General Counsel

SUBJECT: REASSERTION OF U.S. NUCLEAR REGULATORY COMMISSION (NRC)

REGULATORY AUTHORITY OVER [ALL OR PART OF] THE [STATE]

AGREEMENT 

PURPOSE:

To inform the Commission that [State] was offered an opportunity for a hearing and not having

requested one, to recommend termination of [all or part] of the [State] agreement.

SUMMARY:

As stated in SECY [Identification Number], a review of [State's] Agreement State program was

conducted on [Date]. As a result of this review and results of the Management Review Board

(MRB), the staff finds that [State's] regulatory program [is inadequate to protect public health

and safety and/or has not complied with one or more requirements of the Act]. On [Date], NRC

published a notice of opportunity for a hearing on the proposed termination in the Federal

Register. The State has not requested a hearing on the matter. Accordingly, the staff

recommends that the Commission terminate [State's] Agreement. 

DISCUSSION:

Section 274j of the Act authorizes the Commission to terminate the agreement with any State,

after reasonable notice and an opportunity for hearing to the State, and to reassert the

Commission's licensing and regulatory authority if the Commission finds that such termination is

required to adequately protect public health and safety, or because the State has not complied

with one or more requirements of the Act.

[Cite this section from previous SECY. This section should contain facts concerning the State's

program, why termination is appropriate versus suspension. Reviews, MRB meetings, and

discussions and correspondence with the State addressing the deficiencies should be

documented.]

[The staff should document that the State was offered an opportunity for a hearing, but did not

request one.]
Appendix B (Continued)

Enclosure 1 is a Commission Order which terminates the Agreement and reasserts NRC authority

over the existing State licensees. The proposed Federal Register Notice shown in Enclosure 2

would provide notice that the Commission found termination of the Agreement to be necessary

to protect the public health and safety and that reassertion of NRC authority would become

effective on a specified date. A draft letter to [Governor] informing [him/her] of the

Commission’s decision is shown in Enclosure 3. NRC staff plans to send notifications to

individual licensees and hold a public workshop with licensees in the State to ensure that NRC

rules, fee schedules, and enforcement policies are understood. [Region] has tentatively scheduled

this during the week of [Date]. NRC staff has been in communication with the State concerning

transition arrangements including transfer of license files and other appropriate records to the

[Region] Office. 

[Coordinate with the Office of the Chief Financial Officer on including a discussion about the

licensing and amendment fees as provided by 10 CFR 170 and annual fees as provided by 10

CFR Part 171 that State licensees will have to incur. Also, include a discussion on the timing of

the fees.]

This action will terminate [State’s] Section 274b. Agreement with the NRC. Should the State at

some future time wish to again become an Agreement State, it may do so by requesting a new

Agreement in accordance with Section 274 of the Act and the NRC Policy Statement, “Criteria

for Guidance of States and NRC in Discontinuance of NRC Regulatory Authority and

Assumption Thereof by States through Agreement” (46 FR 7540, January 23, 1981, as amended

by Policy Statements published at 46 FR 36969, July 16, 1981, and 48 FR 33376, July 21, 1983).

COMMITMENTS:

Listed below are the actions or activities committed to by the staff in this paper. 

1. A public announcement will be issued by the Office of Public Affairs.

2. The appropriate Congressional Committees will be informed of the Commission's

decision by the Office of Congressional Affairs.

3. The appropriate Federal Agencies will be informed of the Commission’s decision by the

Office of Federal and State Materials and Environmental Management Programs (FSME).

4. A letter to [State] licensees will be issued by the [Region] Office.

5. An All Agreement and Non-Agreement States Letter will be issued by the Division of

Materials Safety and State Agreements, FSME.
Appendix B (Continued)

RECOMMENDATION:

That the Commission:

1. Approve the Order provided in Enclosure 1 and direct the Secretary to issue such Order.

2. Approve the publication of the Federal Register Notice announcing the Commission

decision ( Enclosure 2). The Commission Order will be published in the Federal

Register along with the notice of reassertion of authority.

3. Approve the letter notifying the Governor of [State] of the termination (Enclosure 3).

RESOURCES: [TO BE DEVELOPED IN COORDINATION WITH THE OFFICE OF

THE CHIEF FINANCIAL OFFICER]

The staff estimates that the incremental increase in technical staff effort to assume regulatory

authority for the Program will be [FTE] in FY [year(s)]. This funding is included in the FY

[year(s)] budget request(s). This [FTE] is needed to process the pending license requests, take

other licensing actions necessary to conform the licenses to NRC requirements, and conduct the

workshops. The magnitude of this effort is based on the preliminary assessment of the State’s

information and files based on exchanges of information with the State.

COORDINATION:

This paper has been coordinated with the Office of Federal and State Materials and

Environmental Management Programs. The Office of the Chief Financial Officer has reviewed

this paper for resource implications and has no objections.

General Counsel

Enclosures:

1. Proposed Commission Order

2. Proposed Federal Register Notice

3. Draft Letter to the Governor
Appendix B - Enclosure 1

Draft

Order Terminating Agreement State Program

UNITED STATES

NUCLEAR REGULATORY COMMISSION

In the Matter of

[Name of State]

[Agreement State Program]

ORDER TERMINATING AGREEMENT STATE PROGRAM

I

[Set forth the name of the Agreement State program and background information as to when the

program was initiated, what type of agreement materials are covered, and the authority of the

Commission and the Governor of the particular State to enter into this type of agreement. In

addition, the authority of the Commission to terminate the Agreement State program should be

stated. The following is provided as a sample discussion for this section.]

On [Date], the State of [Name] entered into an agreement (Agreement) with the Nuclear

Regulatory Commission (NRC or Commission) pursuant to Section 274 of the Atomic Energy

Act of 1954, as amended, 42 U.S.C. Section 2021. The Agreement discontinued the NRC's

regulatory authority within the State with respect to [identify part of agreement affected and

material affected]. The Agreement authorized the State of [State’s Name] to regulate these

materials for the protection of public health and safety.

II

[This section should provide a description of relevant events, facts, deficiencies, technical or

legal reasons that provide the substantive basis for issuing the Order. The following example is

provided as a sample discussion for this section.]

A review of [State's] Agreement State program was conducted on [Date]. As a result of this

review and Management Review Board (MRB) recommendations, the Commission has

determined that [State's] regulatory program is inadequate to protect public health and safety. 

The review ascertained that [State's] Agreement State program failed to adequately protect public 
Appendix B - Enclosure 1 (Continued)

health and safety by [facts directly bearing on failure of the program to adequately maintain

public health and safety].

[and/or the following:]

In addition, the review and MRB evaluation ascertained that [State's] Agreement State program

has not complied with one or more requirements of the Act, i.e., it is incompatible. [Describe

facts directly bearing on incompatibility between the two programs.]

III 

[This section should provide the justification for issuing the Order, in light of the facts described

in Section II. The following example is provided as a sample discussion for this section.]

Section 274d of the Act provides, in part, that the Commission shall enter into an Agreement

with a State to discontinue the Commission's regulatory authority if the Commission finds that

the State's regulatory program is adequate to protect the public health and safety with respect to

materials covered by the proposed agreement and the State's regulatory program complies with

Section 274o of the Act and in all other respects is compatible with the Commission's program

for the regulation of such materials.

Section 274j(1) of the Act authorizes the Commission to terminate its agreement with any State,

after reasonable notice and an opportunity for hearing to the State, and to reassert the

Commission's licensing and regulatory authority if the Commission finds that such suspension is

required to protect public health and safety or the State has not complied with one or more

requirements of Section 274 of the Act.

The NRC must be able to rely on [State's] Agreement State program to [adequately protect public

health and safety] [and/or] [to be compatible with the Commission's requirements and standards

applicable to the agreement material]. The facts and circumstances enumerated in Section II of

this Order raise serious doubts as to whether [State] can be relied upon under the Act. [Explain

why facts are severe enough to warrant termination as opposed to suspension.]

Consequently, I have determined that the termination is required [to protect the public health and

safety] OR [because the State has not complied with one or more of the requirements of Section

274 of the Act of 1954, as amended].
Appendix B - Enclosure 1 (Continued)

IV

Accordingly, pursuant to Sections 161b, 161c, 161i, 161o, and 274 of the Act of 1954, as

amended, and Section 651(e) of the Energy Policy Act of 2005 (EPAct), IT IS HEREBY

ORDERED THAT THE AGREEMENT BETWEEN THE COMMISSION AND [STATE],

DATED , TERMINATE AS FOLLOWS:

Materials in the Agreement Affected

[Identify part of agreement affected and material affected.]

In order to aid in a smooth transition, the Commission deems it essential to maintain

continuity in the licensing and regulatory obligations of [State] licensees whose dockets

are being transferred to the NRC. This continuity may be assured by keeping in effect on

an interim basis all the State’s licenses as currently issued, until such time as the licenses

are modified to conform to NRC requirements.

V

Therefore, the Commission hereby orders the termination of the Agreement with [State] and

reasserts its regulatory authority over these materials. Issued licenses, license amendments,

outstanding orders (if any), or other documents establishing obligations for specific licensees that

are transferred to the Commission, shall remain in full force and effect as if issued by the

Commission. The NRC will review all transferred licensing documents and provide for their

revision as necessary to meet NRC requirements.

FOR THE NUCLEAR REGULATORY COMMISSION

Secretariat

Dated at Rockville, Maryland 

this day of, [DATE] 
Appendix B - Enclosure 2

 SAMPLE Federal Register Notice Regarding Reassertion

Termination of [State] Regulatory Authority and the Reassertion of NRC Authority in [State]

AGENCY: U.S. Nuclear Regulatory Commission (NRC)

ACTION: Notice of Termination of the [State] Regulatory Authority and the Reassertion of

the NRC Authority in [State].

SUMMARY: The NRC has terminated [State's] regulatory authority over [identify part of

agreement affected and material affected] and reasserting NRC's authority in

[State]. The action, which is effective on [Date], is being taken in order to ensure

that public health and safety will be protected [or because of compatibility

concerns].

FOR FURTHER INFORMATION CONTACT:

[FSME CONTACT], Office of Federal and State Materials and Environmental

Management Programs, U.S. Nuclear Regulatory Commission, Washington, DC

20555, telephone [telephone number], e-mail: XXX@NRC.GOV.

SUPPLEMENTARY INFORMATION:

Under Section 274 of the Atomic Energy Act of 1954 (Act), as amended,

individual States can assume part of the NRC's regulatory authority over the

possession and use of byproduct, source and special nuclear materials. In order to

effect and maintain such a transfer of authority, the State must demonstrate that its

program is adequate to protect the public health and safety and is also compatible

with the Commission's program for regulating those materials.

Staff review and recommendations regarding the adequacy and compatibility of

Agreement State Programs are made through the Management Review Board

(MRB) which consists of senior NRC managers and an Agreement State

representative. The MRB makes its decisions regarding the adequacy of each

Agreement State's program based on the staff's reviews of the program. In

reviewing [State's] program, the MRB recommended that the Commission

terminate the State's agreement with NRC. The Commission has considered the

State of [State’s Name] radiation control program and has agreed with the

findings of the MRB, as well as with its recommendation to terminate the

program.
Appendix B - Enclosure 2 (Continued)

[Narrative of MRB findings and any hearings.]

Pursuant to the provisions of Section 274j of the Act of 1954, as amended, the

Commission found that it is necessary to terminate the [State] agreement over

[identify part of agreement affected and material affected] and reassert NRC's

authority in [State] in order to protect the public health and safety. This finding

ensures that there will be adequate licensing and inspection of Act activities. This

reassertion of authority will become effective on [Date].

Persons seeking licenses for activities within [State] involving [materials affected]

should file such applications with [Regional Office information].

Existing licensees in [State] are being advised of this change in regulatory

authority. Pursuant to a Commission Order published with this notice, existing

[State] licenses affected by this change will become effective NRC licenses under

conditions set forth in the Order.

For information regarding this reassertion action, contact [Director], FSME.

Inquiries regarding the status of licenses or applications should be directed to

[Regional Office contact].

Dated at Rockville, Maryland, this [DATE] day of [month], [Year].

For the Nuclear Regulatory Commission.

Director

Division of Materials Safety and State Agreements

Office of Federal and State Materials 

 and Environmental Management Programs
Appendix B -Enclosure 3

 SAMPLE Letter to Governor Regarding the Commission Decision on Termination

Dear Governor [Name]:

[As a result of your letter of [Date], the Commission, on [Date], agreed to terminate [State's]

[Identify part of agreement affected and material affected] and reasserting the Nuclear Regulatory

Commission’s (NRC's) authority in [State]. The action, which is effective on [Date], is being

taken in order to ensure that public health and safety will be protected. 

[or]

[As a result of a finding of inadequacy and/or incompatibility of the State's radiation control

program, the Commission, on [Date], terminated [State's] agreement discontinuing the NRC

authority over [Identify part of agreement affected and material affected] and reasserting NRC's

authority in [State]. [Describe hearings, if held.] The action, which is effective on [Date], is

being taken in order to ensure that public health and safety will be protected.]

Enclosed is a copy of the Federal Register Notice which announces NRC reassertion. We will

also issue a public announcement and inform the appropriate Congressional Oversight

Committees in conjunction with the issuance of the Federal Register Notice.

[Radiation Control Program Director], [State], was informed of the decision on [Date]. I

understand [Name of Director] is making arrangements for transfer of the appropriate files and

material to the NRC.

We appreciate the State’s support of the Agreement State Program since [Year] and the

professionalism and courteous manner in which your staff have worked with the NRC. We look

forward to continuing a productive relationship with your State on other regulatory matters under

our jurisdiction.

Finally, we appreciate the State's cooperation in this matter to ensure a smooth transition of

regulatory authority from the State to the NRC. [Director], Office of Federal and State Materials

and Environmental Management Programs, at [phone number], can answer any questions that

your staff may have.

Sincerely, 

Chairman

Enclosure:

As stated
Appendix C

Sample Commission Paper for Reassertion of NRC Authority in an Agreement State upon the

Request of a State Governor

FOR: The Commissioners

FROM: Executive Director for Operations

General Counsel

SUBJECT: REASSERTION OF U.S. NUCLEAR REGULATORY COMMISSION

REGULATORY AUTHORITY OVER [ALL OR PART OF] THE

[STATE] AGREEMENT

PURPOSE:

To recommend to the Commission the termination of [all or part] of the [State] 274b Agreement.

SUMMARY:

By letter dated [Date], [Governor of State] advised the U.S. Nuclear Regulatory Commission

(NRC) of [his/her] decision to return the State’s Section 274b Agreement to the NRC. [Explain

why the Governor made this request (i.e., request made following the State’s decision to cease

funding the State’s Agreement State program)]. In order to accept return of the Program, as

requested by the Governor, and to effect reassertion of NRC authority, Section 274j of the

Atomic Energy Act (the Act), as amended, requires a finding that it is necessary for the NRC to

terminate the Agreement thereby relinquishing State authority over radioactive materials subject

to the Agreement and reasserting NRC licensing and regulatory authority over these materials, in

order to protect the public health and safety.

DISCUSSION:

[State] became an Agreement State on [Date]. [Explain the organizational structure of the

Program and describe events or activities leading up to the request for termination of the

Agreement by the Governor.]

The NRC staff is working with [pertinent organization or State contact] to ensure an effective

and efficient transfer of the Program to the NRC. [Specifically include all communication

between the NRC staff and the State (i.e., weekly calls evaluating the progress of activities and

discussing issues that result from the transitioning of authority to the NRC).] 

The reassertion process requested is provided by Section 274j(1) of the Act, as amended. This

requires a Commission determination that termination of the Agreement and reassertion of NRC 

regulatory authority in [State] is necessary to protect the public health and safety. Since this

action has been requested by the State, the notice and opportunity for a hearing to the State, that 
Appendix C (Continued)

is provided for in Section 274j(1), is not necessary. Based upon [Governor] letter, it is

recommended that the effective date for the reassertion of NRC authority be [Date]. Enclosure 1 

is a Commission Order which terminates the Agreement and reasserts NRC authority over the

existing State licensees. The proposed Federal Register Notice shown in Enclosure 2 would

provide notice that the Commission found termination of the Agreement to be necessary to

protect the public health and safety and that reassertion of NRC authority would become

effective on a specified date. A draft letter to [Governor] informing [him/her] of the

Commission’s decision is shown in Enclosure 3. NRC staff plans to send notifications to

individual licensees and hold a public workshop with licensees in the State to ensure that NRC

rules, fee schedules, and enforcement policies are understood. [Region] has tentatively scheduled

this during the week of [Date]. NRC staff has been in communication with the State concerning

transition arrangements including transfer of license files and other appropriate records to the

[Region] Office. 

[Coordinate with the Office of the Chief Financial Officer on including a discussion about the

licensing and amendment fees as provided by 10 CFR 170 and annual fees as provided by 10

CFR Part 171 that State licensees will have to incur. Also, include a discussion on the timing of

the fees.]

This action will terminate [State’s] Section 274b Agreement with the NRC. Should the State at

some future time wish to again become an Agreement State, it may do so by requesting a new

Agreement in accordance with Section 274 of the Act and the NRC Policy Statement, “Criteria

for Guidance of States and NRC in Discontinuance of NRC Regulatory Authority and

Assumption Thereof by States through Agreement” (46 FR 7540, January 23, 1981, as amended

by Policy Statements published at 46 FR 36969, July 16, 1981, and 48 FR 33376, July 21, 1983).

COMMITMENTS:

Listed below are the actions or activities committed to by the staff in this paper.

1. A public announcement will be issued by the Office of Public Affairs.

2. The appropriate Congressional Committees will be informed of the Commission’s

decision by the Office of Congressional Affairs.

3. The appropriate Federal Agencies will be informed of the Commission’s decision by the

Office of Federal and State Materials and Environmental Management Programs (FSME).

4. A letter to [State] licensees will be issued by the [Region] Office.

5. An All Agreement and Non-Agreement States Letter will be issued by the Division of

Materials Safety and State Agreements, FSME.
Appendix C (Continued)

RECOMMENDATIONS:

That the Commission:

1. Approve the Order provided in Enclosure 1 and direct the Secretary to issue such Order.

2. Approve the publication of the Federal Register Notice announcing the Commission

decision (Enclosure 2). The Commission Order will be published in the Federal Register

along with the notice of reassertion of authority.

3. Approve the letter notifying the Governor of [State] of the termination (Enclosure 3).

RESOURCES:

[TO BE DEVELOPED IN COORDINATION WITH THE OFFICE OF THE CHIEF

FINANCIAL OFFICER] 

The staff estimates that the incremental increase in technical staff effort to assume regulatory

authority for the Program will be [FTE] in FY [year(s)]. This funding is included in the FY

[year(s)] budget request(s). This [FTE] is needed to process the pending license requests, take

other licensing actions necessary to conform the licenses to NRC requirements, and conduct the

workshops. The magnitude of this effort is based on the preliminary assessment of the State’s

information and files based on exchanges of information with the State.

COORDINATION:

The Office of the Chief Financial Officer has reviewed this paper for resource implications and

has no objections. The Office of the General Counsel has also reviewed this paper and has no

legal objection. 

Executive Director 

 for Operations

General Counsel

Enclosures:

1. Proposed Commission Order

2. Proposed Federal Register Notice

3. Draft Letter to Governor
Appendix C - Enclosure 1

Draft

Order Terminating Agreement State Program

UNITED STATES

NUCLEAR REGULATORY COMMISSION

In the Matter of

[Name of State]

[Agreement State Program]

ORDER TERMINATING AGREEMENT STATE PROGRAM

I

On [Date], the [State] entered into an Agreement with the U.S. Nuclear Regulatory Commission

(NRC or Commission) pursuant to Section 274 of the Atomic Energy Act of 1954 (the Act), as

amended, 42 U.S.C. Section 2021. The Agreement discontinued the NRC's regulatory authority

within the State with respect to [identify part of agreement affected and material affected]. The

Agreement authorized [State] to regulate these materials for the protection of public health and

safety.

II

By letter dated [Date], [Governor] of [State] advised the Commission of [his/her] decision to

return the State's Section 274b Agreement to the NRC. [Include a discussion on why the request

was made]. 

III 

Section 274d of the Act, as amended, provides, in part, that the Commission shall enter into an

Agreement with a State to discontinue the Commission's regulatory authority if the Commission

finds that the State's regulatory program is adequate to protect the public health and safety with

respect to materials covered by the proposed Agreement and the State's regulatory program

complies with Section 274o of the Act, as amended, and in all other respects is compatible with

the Commission's program for the regulation of such materials.

Section 274j(1) of the Act, as amended, authorizes the Commission to suspend or terminate its

Agreement with any State, after reasonable notice and an opportunity for hearing to the State. 

This section also authorizes the Commission to reassert licensing and regulatory authority if the
Appendix C - Enclosure 1 (Continued)

Commission finds that such suspension or termination is required to protect public health and

safety, or the State has not complied with one or more requirements of Section 274 of the Act, as 

amended. NRC finds that notice and opportunity for a hearing to the State is not necessary when

the State requests to return an Agreement.

In view of [State’s] decision to return its Program to the NRC, the Commission finds it necessary

to accept return of the Program and reassert its authority over the materials listed in Section IV of

this Order. Consequently, we have determined that the termination is required to protect the

public health and safety.

IV

Accordingly, pursuant to Sections 161b, 161c, 161i, 161o, and 274 of the Act, as amended, and

Section 651(e) of the Energy Policy Act of 2005 (EPAct), IT IS HEREBY ORDERED THAT

THE AGREEMENT BETWEEN THE COMMISSION AND [STATE], DATED [DATE],

TERMINATE AS FOLLOWS:

Materials in the Agreement Affected

[Identify part of agreement affected and material affected.] 

In order to aid in a smooth transition, the Commission deems it essential to maintain

continuity in the licensing and regulatory obligations of [State] licensees whose dockets

are being transferred to the NRC. This continuity may be assured by keeping in effect on

an interim basis all the State’s licenses as currently issued, until such time as the licenses

are modified to conform to NRC requirements.

V

Therefore, the Commission hereby orders the termination of the Agreement with [State] and

reasserts its regulatory authority over these materials. Issued licenses, license amendments,

outstanding orders (if any), or other documents establishing obligations for specific licensees that

are transferred to the Commission, shall remain in full force and effect as if issued by the

Commission. The NRC will review all transferred licensing documents and provide for their

revision as necessary to meet NRC requirements.
Appendix C - Enclosure 1 (Continued)

[Time and Date of reassertion of NRC’s regulatory authority]

FOR THE NUCLEAR REGULATORY COMMISSION

Secretary to the Commission

Dated at Rockville, Maryland this day of, [DATE] 
Appendix C - Enclosure 2

Sample Federal Register Notice Regarding Reassertion

NUCLEAR REGULATORY COMMISSION

Termination of [State] Regulatory Authority and the Reassertion of U.S. Nuclear Regulatory

Commission Authority 

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice of Termination of [State] Regulatory Authority, the Reassertion of the U.S.

Nuclear Regulatory Commission (NRC) Authority.

SUMMARY: The NRC has terminated [State’s] regulatory authority over [identify part of

agreement affected and material affected]. The action, which is effective on

[Date], is being taken in order to ensure that public health and safety will be

protected. 

FOR FURTHER INFORMATION CONTACT: 

[FSME CONTACT], Office of Federal and State Materials and Environmental

Management Programs, U.S. Nuclear Regulatory Commission, Washington, DC

20555, telephone [telephone number], e-mail: XXX@NRC.GOV.

SUPPLEMENTARY INFORMATION:

Under Section 274 of the Act, as amended, individual States can assume part of

the NRC's regulatory authority over the possession and use of byproduct, source

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

In order to effect and maintain such a transfer of authority, the State must

demonstrate that its program is adequate to protect the public health and safety

and is also compatible with the NRC's program for regulating those materials.

By letter dated [Date], [Governor] of [State] advised the Commission of [his/her]

decision to return the State’s Section 274b Agreement to the NRC. [Include a

discussion of why the request was made.] 

Pursuant to the provisions of Section 274j of the Act, as amended, the

Commission found that it is necessary to terminate the [State] Agreement over

[identify part of agreement affected and material affected] and reassert NRC's

authority in the State in order to protect the public health and safety. This finding

ensures that there will be adequate licensing inspection of Act activities. This

reassertion of authority will become effective on [Date].

Persons seeking licenses for activities within [State] involving [materials affected]

should file such applications with [Regional Office information].
Appendix C - Enclosure 2 (Continued)

Existing licensees in [State] are being advised of this change in regulatory

authority. Pursuant to a Commission Order published with this notice, existing

[State] licenses affected by this change will become effective NRC licenses under

conditions set forth in the Order.

For information regarding this reassertion action, contact [Director], Division of

Materials Safety and State Agreements, Office of Federal and State Materials and

Environmental Management Programs.

Inquiries regarding the status of licenses or applications should be directed to

[Regional Office contact].

Dated at Rockville, Maryland, this [DATE] day of [month], [Year].

For the Nuclear Regulatory Commission.

Director

Division of Materials Safety and State Agreements

Office of Federal and State Materials

 and Environmental Management Programs
Appendix C - Enclosure 3

The Honorable [Governor]

Governor of [State] 

[Address] 

Dear [Governor]:

As a result of your letter of [Date], the U.S. Nuclear Regulatory Commission (NRC), on [Date],

agreed to terminate the [State’s] regulatory authority over [identify part of agreement affected

and material affected]. The action, which is effective on [Date], is being taken in order to ensure

that public health and safety will be protected. 

Enclosed is a copy of the Federal Register Notice which announces NRC reassertion. We will

also issue a public announcement and inform the appropriate Congressional Oversight

Committees in conjunction with the issuance of the Federal Register Notice.

[Radiation Control Program Director], [State], was informed of the decision on [Date]. I

understand [Name of Director] is making arrangements for transfer of the appropriate files and

material to the NRC.

We appreciate the State’s support of the Agreement State Program since [Year] and the

professionalism and courteous manner in which your staff have worked with the NRC. We look

forward to continuing a productive relationship with your State on other regulatory matters under

our jurisdiction.

Finally, we appreciate the State's cooperation in this matter to ensure a smooth transition of

regulatory authority from the State to the NRC. [Director], Office of Federal and State Materials

and Environmental Management Programs, at [Phone Number], can answer any questions that

your staff may have.

Sincerely, 

[Chairman] 

Enclosure: Federal Register Notice
Appendix D

 SAMPLE Public Announcement to be Issued by the Office of Public Affairs

NRC TO REASSERT REGULATORY AUTHORITY IN [STATE]

The Nuclear Regulatory Commission [NRC] is reasserting its regulatory authority over

the possession and use of byproduct, source, and special nuclear materials in [State]

[OPTIONAL TEXT: at the request of the Governor].

The action, which is effective on [Date], is being taken in order to ensure that public

health and safety will be protected. [Facts requiring termination should be given, including

information on a hearing, if held.]

Under Section 274 of the Atomic Energy Act of 1954, as amended, individual States can

assume part of the NRC's regulatory authority over the possession and use of byproduct, source,

and special nuclear materials. In order to effect and maintain such a transfer of authority, the

State must demonstrate that its program is adequate to protect the public health and safety and is

also compatible with the Commission's program for regulating those materials. The State of

[State Name] signed an agreement with the NRC in [Year] that authorized the State to regulate

these radioactive materials.

Section 274j of the Atomic Energy Act gives the Commission authority to terminate all or

part of its agreement with a State if the termination is required to protect the public health and

safety, or if the State has not complied with one or more of the requirements of Section 274 of

the Act. In cases where the Commission finds that program deficiencies related to either

adequacy or compatibility are such that the Commission must take action, the Commission will

terminate all or part of its agreement with the State. 

Licensees in [State] are being advised of the NRC's action in Order [Date], and the NRC

staff has identified files which are to be transferred from [State] authorities. In the meantime, the

affected [State's Name] licenses, as currently issued, will remain in effect until they can be

revised, if necessary, to meet NRC's requirements.
Appendix E

 SAMPLE Letter to Congressional Committees

[Appropriate Congressional

Oversight Committees]

Dear Mr. Chairman:

At the request of the Governor of [State], the Nuclear Regulatory Commission [NRC], on [Date],

agreed to terminate [State's] agreement relinquishing the Nuclear Regulatory Commission (NRC)

regulatory authority over [identify categories of material under the agreement], and to reassert

NRC licensing and regulatory authority over these materials, in order to protect the public health

and safety. 

[or if appropriate]

[Describe circumstance by which NRC is terminating the agreement and details of a hearing if

held.]

The effective date of the termination is [Date]. Enclosed is a copy of the Federal Register Notice

announcing NRC reassertion of regulatory authority. A Press Release will be issued in

conjunction with the publication of this notice.

Sincerely,

Director

Office of Congressional Affairs

Enclosure:

As stated
Appendix F

 SAMPLE Letter to U.S. Department of Labor 

Mr. , Assistant Secretary

Occupational Safety and Health Administration

U.S. Department of Labor

200 Constitution Avenue

Washington, D.C. 20210

Dear Mr. :

This is to advise the [AGENCY] that [OPTIONAL TEXT: at the request of the Governor of the

[State] and] under Section 274 of the Atomic Energy Act, the Nuclear Regulatory Commission

(NRC) terminated [State's] agreement relinquishing the NRC regulatory authority over [identify

categories of material under the agreement].

The effective date of the termination is [Date]. Enclosed is a copy of the Federal Register notice

announcing NRC reassertion of regulatory authority. A press release will be released in

conjunction with the issuance of this notice.

Sincerely,

Director

Division of Materials Safety and State Agreements

Office of Federal and State Materials 

 and Environmental Management Programs

Enclosure:

As stated
Appendix F (Continued)

Identical letters to:

Mr. , Assistant Secretary

 Congressional, Public and Intergovernmental Affairs

U.S. Department of Energy

N3641 1000 Independence Ave. SW

Washington, DC 20585-0001

Mr. , Chairman

Council on Environmental Quality

722 Jackson Place NW

Washington, DC 20503-0002 

Dr. , Director

 Center for Devices & Radiological Health

Food and Drug Administration

9200 Corporate Boulevard

Rockville, MD 20850-3229 

Ms. , Assistant Administrator for Air and Radiation 

U.S. Environmental Protection Agency

401 M Street, SW

Washington, DC 20460

Ms. , Director

 Office of Legislative and Intergovernmental Affairs

Department of Homeland Security

1800 F St. NW

Governmental Services Administration Bldg.

Washington, DC 20555
Appendix G

 SAMPLE Letter to Licensees Regarding Termination and Reassertion

Attention: [State] Licensees

The Nuclear Regulatory Commission (NRC) has terminated [State's] regulatory authority over

[identify part of agreement affected and material affected] and reasserting NRC's authority in

[State] by an Order issued [Date].

The action, which is effective on [Date], is being taken in order to ensure that public health and

safety will be protected. 

This letter is to advise licensees that activities being conducted under your [State's] license will

be subject to regulatory control by NRC. In the meantime, your [State] licenses, as currently

issued, will remain in effect until they can be revised, if necessary, to meet NRC's requirements. 

All communications concerning your use of [appropriate materials] should be addressed to:

Regional Office

Address

Phone number

A copy of the Order is enclosed. 

Regional Administrator

 

Enclosure:

As stated
Appendix H

 SAMPLE Letter to All States Regarding Termination and Reassertion

(FSME-[YEAR]-[LETTER NUMBER], [MONTH], [CATEGORY],[SUBJECT])

[DATE] 

ALL AGREEMENT AND NON-AGREEMENT STATES

PROGRAM MANAGEMENT INFORMATION: NRC ORDER TO TERMINATE

[STATE'S NAME] REGULATORY AUTHORITY AND REASSERT NRC

REGULATORY AUTHORITY (FSME-XX-XXX)

Enclosed, for your information, is the Order issued by the Nuclear Regulatory Commission

(NRC) terminating [State's] regulatory authority over [identify part of agreement affected and

material affected] and reasserting NRC's authority in [State].

The action, which was effective on [Date], is being taken to ensure that public health and safety

will be protected. 

Licensees in [State] are being advised of NRC's action. In the meantime, the affected [State's

Name] licenses, as currently issued, will remain in effect until they can be revised, if necessary,

to meet NRC's requirements.

If you have any questions regarding this correspondence, please contact me or the individual

named below.

POINT OF CONTACT: Staff Contact INTERNET: XXX@NRC.GOV

TELEPHONE: FAX:

Director

Division of Material Safety and State Agreements

Office of Federal and State Materials 

 and Environmental Management Programs

Enclosure:

As stated