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inspection. Subject to the approval of the United States Nuclear | | Regulatory Commission and of the facility licensee, access to books | | and records that are proprietary, security-related or restricted by | federal law may be granted,the State Nuclear Safety Inspector, | on behalf of the State, | | enters into a nondisclosure agreement. For purposes of this | | section, proprietary information includes personnel records, | | manufacturers' proprietary information, licensee proprietary | | information and trade secrets. For purposes of this subsection, | | "trade secrets" means any confidential formula, pattern, process, | | device, information or compilation of information, including | | chemical name, that is used in any employer's business that gives | | the employer an opportunity to obtain any advantage over | | competitors who do not know or use it. |
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| | | Sec. B-5. 22 MRSA §664, sub-§2, as amended by PL 1999, c. 739, §1, is | | further amended to read: |
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| | | 2. Monitoring. Each facility licensee shall permit | | monitoring, for the purposes of this chapter, of the premises, | | equipment and materials, including source, special nuclear and | | by-product materials, in its possession or use, or subject to its | | control and any vehicle or means of transportation used to remove | | materials or equipment from the site, including, but not limited | | to, by rail, water, roadway or air. Monitoring of vehicles or | | other means of transportation used to remove materials or | | equipment from the site must be undertaken in a manner that is | | safe, that employs properly calibrated instruments and that does | | not result in unreasonable delays in the removal of materials or | | equipment from the site. |
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| | | For the purposes of this subsection, "monitoring" means any one | | or combination of the following: |
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| | | A. Observing the conduct of operations, including | | maintenance, quality assurance activities, the preparation, | | transportation and handling of radioactive waste, emissions | | monitoring, radiation protection and the observation of | | emergency preparedness tests and drills; |
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| | | B. Taking analytical radiological measurements using | | properly calibrated instruments to confirm: |
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| | | (1) The results of quality assurance activities | | undertaken by or on behalf of the facility licensee; |
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| | | (2) That the preparation, transportation and handling | | of radioactive waste is undertaken in accordance with | | applicable standards; |
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