UNITED STATES 

NUCLEAR REGULATORY COMMISSION 

WASHINGTON, D.C. 20555-0001 

August 3, 2016 

SECRETARY 

COMMISSION VOTING RECORD 

DECISION ITEM: 

TITLE: 

SECY-16-0084 

WYOMING'S PROPOSAL FOR A LIMITED AGREEMENT TO 

ONLY REGULATE MILLING FACILITIES' SOURCE MATERIAL 

AND 11 E.(2} BYPRODUCT MATERIAL 

The Commission acted on the subject paper as recorded in the Staff Requirements 

Memorandum (SAM) of August 3, 2016. 

This Record contains a summary of voting on this matter together with the individual vote 

sheets, views and comments of the Commission. 

Enclosures: 

1. Voting Summary 

2. Commissioner Vote Sheets 

cc: Chairman Burns 

Commissioner Svinicki 

Commissioner Baran 

OGC 

EDO 

PDR 

~~-~ Annette L. Vietti-Cook 

Secretary of the Commission 
VOTING SUMMARY - SECY-16-0084 

RECORDED VOTES 

NOT 

APPROVED DISAPPROVED ABSTAIN PARTICIPATING COMMENTS DATE 

Chrm. Burns x x 07/19/16 

Cmr. Svinicki x x 07/28/16 

Cmr. Baran x x 08/02/16 
TO: 

FROM: 

SUBJECT: 

Approved _x_ 

RESPONSE SHEET 

Annette Vietti-Cook, Secretary 

Chairman Burns 

SECY-16-0084: WYOMING'S PROPOSAL FOR A LIMITED 

AGREEMENT REQUEST TO ONLY REGULATE MILLING 

FACILITIES' SOURCE MATERIAL AND 11E.(2) 

BYPRODUCT MATERIAL 

Disapproved _ Abstain Not Participating_ 

Comments: Below X Attached None 

I approve Wyoming's proposed approach for a limited Agreement to only assume regulatory 

authority over a subcategory of source material involved with milling activities and 11e.(2) 

byproduct material. I also approve the proposed Agreement language that specifies the 

regulatory areas where Wyoming shall assume authority and responsibility, where the 

Commission shall retain authority and responsibility, and other provisions including financial 

surety arrangements for reclamation or long-term surveillance and maintenance of 11e.(2) 

byproduct material. I agree with the staff's determination that Wyoming's proposal is of a 

nature that will not create confusion to the regulated community or a burden to NRC 

resources and can be applied logically and consistently to existing and future licensees over 

time. 

Entered in STARS 

Yes / 

No ----

S GNATURE 

·It/ July 2016 

DATE 
TO: 

FROM: 

SUBJECT: 

Approved XX 

RESPONSE SHEET 

Annette Vietti-Cook, Secretary 

COMMISSIONER SVINICKI 

SECY-16-0084: WYOMING'S PROPOSAL FOR A LIMITED 

AGREEMENT REQUEST TO ONLY REGULATE MILLING 

FACILITIES' SOURCE MATERIAL AND 11 E.(2) 

BYPRODUCT MATERIAL 

Disapproved __ Abstain ---

Not Participating __ 

COMMENTS: Below XX Attached None --

I approve Wyoming 's proposed approach to enter into a limited Agreement pursuant to Section 274b. 

of the Atomic Energy Act of 1954, as amended (AEA), and approve the proposed scope and general 

content of this limited Agreement, as defined in the Enclosure to this paper. I find the staff's 

assessment of the proposal against the criteria arising from the Commission's direction in SRMSECY-97-087 to be reasonable and agree that the arrangement is not so cramped in its terms as to 

compromise an orderly regulatory pattern between the Commission and the State. I further agree that 

the approval of such an Agreement is not prohibited by the AEA. The staff should continue to engage 

with the State of Wyoming to advance progress on the limited Agreement and should report back to 

the Commission on its progress, following the adjournment of the 2017 General Session of the 

Wyoming legislature. 

Entered on "STARS" _j, DATE 

Yes No_ 

01fZ8 /16 
TO: 

FROM: 

SUBJECT: 

RESPONSE SHEET 

Annette Vietti-Cook, Secretary 

Commissioner Baran 

SECY-16-0084: WYOMING'S PROPOSAL FOR A LIMITED 

AGREEMENT REQUEST TO ONLY REGULATE MILLING 

FACILITIES' SOURCE MATERIAL AND 11 E.(2) 

BYPRODUCT MATERIAL 

Approved X Disapproved __ Abstain __ Not Participating __ 

Comments: Below -- Attached X .....;;...;;...__ 

Entered in STARS 

Yes V 

No - -- DATE 

None --
Commissioner Saran's Comments on SECY-16-0084, 

"Wyoming's Proposal for a Limited Agreement to Only Regulate Milling Facilities' 

Source Material and 11e.(2) Byproduct Material" 

I approve the State of Wyoming's proposed approach of entering into a limited 

agreement with NRC pursuant to Section 274b. of the Atomic Energy Act to assume 

regulatory authority over a subcategory of source material related to milling activities 

and the management and disposal of Section 11e.(2) byproduct material. I agree with 

the NRC staff that "Wyoming's proposal presents a clear, narrowly defined subcategory 

of material that can be applied logically and consistently to existing and future licensees 

over time." Under this limited agreement approach, NRC would relinquish and 

Wyoming would assume regulatory authority over eight uranium milling sites and seven 

sites undergoing decommissioning, as well as twelve active 11e.(2) byproduct and 

source material licenses involved in uranium milling. 

Although Wyoming would be the first state to enter into an agreement with NRC 

to obtain regulatory authority over only milling facilities , the State of New Mexico 

previously terminated its regulatory authority over the same subcategory of material 

contemplated by Wyoming's proposed approach. This shows that NRC found this 

particular subcategorization of material to be workable. Similarly, in 2000, the 

Commission approved a limited agreement with the State of Oklahoma that included a 

subcategory of source material. 

There are several outstanding issues to address once Wyoming submits its 

application for a limited agreement, such as how to consider the views of interested 

Native American Tribes in the region , whether Wyoming's trespass law could impact its 

program, and how to address the existing programmatic agreements with licensees 

related to compliance with the National Historic Preservation Act. But those issues do 

not bear on the threshold question of whether a limited scope agreement of this kind is 

appropriate and consistent with the requirements of the Atomic Energy Act. 

I also approve the proposed language for use in a potential agreement to 

describe the respective authorities and responsibilities of NRC and Wyoming.