Agreement State Program
With the exception of areas of compatibility in which the programmes should be substantially identical, the radiation control programmes of the Member State of the Agreement shall have flexibility in the implementation and management of the programmes in order to respond to individual State preferences, national legislation and local needs and conditions. A state has the flexibility to design its own program, including stricter or similar requirements, provided that public protection and safety requirements are met and compatibility is met. However, the exercise of such flexibility should not preclude a practice of national interest approved by the AEA. In COMSECY-14-0028, “Agreement State Program Policy State State Policy State: Update on Recent Activities and Recommendations for Path Forward,” July 14, 2014 (ADAMS Accession No. ML14156A277) proposed to the NRC Staff to consolidate the two policy statements into a single statement of principles. The Commission approved this plan in comsecy`s SRM-14-0028 of 12 August 2014 (ADAMS membership number. ML14224A618). As a result, the NRC General Staff has developed a single proposed consolidated statement of principles, which: redundant language identified and eliminated between the two policy statements, detailed information on the PMIep and the “principles of good regulation” (ADAMS membership no. ML15083A026), added context to make the proposed statement of principles clearer and more consistent with other current nrc policy statements and added a description of the NPP. For the purposes of this policy statement, economic factors are the costs incurred by the regulated Community of complying with rules affecting more than one regulatory jurisdiction in the NPN. The NRC portion of the process takes approximately one year from the receipt of the formal request to the Agency. If you add the time it takes for the state to develop its program and regulations after sending a memorandum of understanding, the whole process usually takes 3-5 years. In accordance with Section 274 AEA, the NRC does not delegate its regulatory power to the Contracting State.
The NRC gives up its powers or abandons them and the state assumes the power of regulation. The State Party maintains an independent regulatory programme and the NRC regularly assesses the relevance of the protection of public health and public safety and the compatibility of a Contracting State programme as part of the Agency`s comprehensive performance evaluation programme. Comment: Several commentators stated that the use of the word “waiver” – in the context of the NRC regulatory authority when entering into an agreement – was not correct and recommended changing “waive” to “cancel” throughout the statement of principles, so that the text is consistent with Section 274b of the AEA. This category concerns a limited number of program elements that exceed jurisdictional limits and should be addressed in order to ensure uniform regulation at the federal level. . . .