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Michigan Withdraws Letter of Intent to Become an NRC Agreement State

The State of Michigan has withdrawn its Letter of Intent to become an Agreement State with the U.S. Nuclear Regulatory Commission (NRC). Governor Rick Snyder notified the NRC in a letter dated August 26, 2011.

History
In August of 2006, the U.S. Nuclear Regulatory Commission (NRC) wrote to the Governor to inquire if Michigan would be interested in assuming greater authority to regulate radioactive materials through an Agreement between Michigan and the NRC. Governor Jennifer Granholm's response was that an earlier stakeholders workgroup "generally supported the idea of Michigan pursuing an Agreement, conditioned on the consolidation of the state's radiation programs into one agency. This organizational change, along with pursuit of an Agreement with the NRC, would have the beneficial effect of consolidating the regulatory authority over radioactive materials and machine ionizing radiation sources within one regulatory agency."

Currently the federal NRC licenses most radioactive materials. The state monitors diffuse sources of technically-enhanced, naturally occurring (TENORM) radioactive material typically found in the gas and oil well industry in the Department of Environmental Quality (DEQ). Radiation machines (x-ray machines) are registered by the state within the Department of Licensing and Regulatory Affairs. Radiation machine registration was previously in the Department of Community Health (DCH). Some radiation users in Michigan have to deal separately with all 3 agencies.

Governor Granholm's letter to the NRC said Michigan would seek the concurrence of stakeholders and then make a decision on whether to proceed with the development of an Agreement. On March 2, 2007, a meeting was held with some NRC licensees and other stakeholders. At this meeting the DEQ and DCH presented the case for Michigan becoming an Agreement State and solicited comments and support from the attendees. Subsequent to this meeting the directors of the departments of DEQ and DCH recommended pursuant of agreement state status to the Governor. Governor Granholm sent a Letter of Intent to the NRC on July 31, 2007.

Because of the poor economic conditions in the state since the filing of the Letter of Intent, the effort never achieved the necessary support to fund the start-up costs for the Agreement State program, estimated to be $3.5 million. As a result, Governor Rick Snyder withdrew the Letter of Intent on August 26, 2011.

Past Actions
The Future Direction of Michigan's Regulatory Program for Radioactive Materials - October 2004
NRC Agreement State Stakeholders Workgroup Meeting Summary - January 26, 2005
NRC Agreement State Stakeholders Workgroup Meeting Summary - March 31, 2005
Summary of State Regulators Survey Responses - March 31, 2005
Responses Summary of Agreement State Licensees - March 31, 2005
NRC Agreement State Stakeholders Workgroup Meeting Summary - December 14, 2005
Governor Granholm's letter to the NRC dated October 5, 2006
A Meeting with Licensees and other Stakeholders - March 2, 2007 - Meeting Summary
Consideration of Michigan Pursuing an NRC Agreement - A Discussion with Stakeholders March 2, 2007 
Key Questions and Issues Concerning Pursuit of an NRC Agreement for Michigan
Letter to NARM registrants dated May 4, 2007
Letter to NRC licensees dated May 4, 2007 
Report and Recommendations to Governor July 13, 2007
Governor Granholm's Letter of Intent to the NRC dated July 31, 2007
Consideration of Michigan Pursuing an NRC Agreement - A Discussion with Stakeholders August 8, 2007
Informational Meeting with Stakeholders - August 8, 2007 - Meeting Summary
Status Report to NRC - April 30, 2008
NRC assigns Project Manager for the Michigan Agreement - June 12, 2008
Status Report to NRC - December 3, 2010

Agreement State Advisory Committee Meetings
March 16, 2007 - Meeting Summary
April 18, 2007 - Meeting Summary
June 13, 2007 - Meeting Summary
August 8, 2007 - Meeting Summary
May 28, 2008 - Meeting Summary
October 2, 2008 - Meeting Summary
May 6, 2009 - Meeting Summary

Last Update 8/31/2011 


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