ML032250212
| ML032250212 | |
| Person / Time | |
|---|---|
| Site: | Waltz Mill, 07000698 |
| Issue date: | 08/26/2003 |
| From: | Virgilio M Office of Nuclear Material Safety and Safeguards |
| To: | Malsch M Egan & Associates, PC |
| Shared Package | |
| ML032250217 | List: |
| References | |
| -RFPFR, 2.206 | |
| Download: ML032250212 (4) | |
Text
August 26, 2003 Martin G. Malsch Attorney for Viacom, Inc.
Egan & Associates, PLLC 7918 Jones Branch Drive Suite 600 McLean, VA 22102
Dear Mr. Malsch:
This letter responds to the petition you filed on October 30, 2002, with Dr. William Travers, Executive Director for Operations at the U.S. Nuclear Regulatory Commission, pursuant to Section 2.206 of Title 10 of the Code of Federal Register (10 CFR 2.206). In your petition, you requested NRC to issue an Order to Westinghouse Electric Company LLC (Westinghouse), the holder of the SNM-770 license at the Waltz Mill Service Center, Madison, PA, which would require them to: (1) provide certain radiological survey data to NRC which NRC has requested, and (2) accept under SNM-770 certain residual byproduct materials now held under Viacom license TR-2 and located at the former Westinghouse Test Reactor (WTR) facility at the Service Center. The petition also requested, as an alternative, that NRC issue an Order to Westinghouse to abate a violation of 10 CFR 50.5, Deliberate misconduct, which causes Viacom to be in violation of a license condition, the approved Decommissioning Plan for the WTR.
You met with the petition review board on February 20, 2003, to clarify the bases for your petition. The transcript of this meeting was treated as a supplement to the petition and is available in ADAMS for inspection at the Commissions Public Document Room, located at One White Flint North, 11555 Rockville Pike (first floor), Rockville, Maryland, and from the ADAMS public access component on the NRCs Web site, http://www.nrc.gov, under the Public Involvement icon.
On March 13, 2003, the NRC staff acknowledged receiving your petition and stated pursuant to 10 CFR 2.206 that your petition was being referred to me for action and that it would be acted upon within a reasonable time.
Westinghouse provided a response to the petition on December 20, 2002, and also submitted supplemental information on April 14 and 28, 2003. You submitted comments on April 22, 2003, on the April 14, 2003, Westinghouse supplemental information. The information in all of these correspondences was considered by the staff in its evaluation of the petition.
The NRC sent a copy of the proposed Directors Decision to you and to Westinghouse for comment on June 18, 2003. You responded with comments on July 11, 2003, as did Westinghouse. The comments and the staffs response to them are included in the Directors Decision.
The NRC has completed its review and, as set forth in detail in the enclosed copy of Directors Decision (DD-03-02), the following decisions have been made regarding your requests. The
M. Malsch 2 request to issue an Order to Westinghouse, the holder of license SNM-770 on the Waltz Mill Service Center near Madison, PA, which would require Westinghouse to provide certain radiological survey data to NRC which NRC requested, is now moot and the NRC is not addressing the request further. We have denied the request to issue an Order to Westinghouse, the holder of license SNM-770 on the Waltz Mill Service Center near Madison, PA, which would require Westinghouse to accept under SNM-770 certain residual byproduct materials now held under Viacom license TR-2 and located at the former Westinghouse Test Reactor (WTR) facility at the Waltz Mill site. We have also denied the request to issue an Order to Westinghouse to abate a violation of 10 CFR 50.0, Deliberate Misconduct, by accepting the residual byproduct materials now held under Viacom license TR-2 at the WTR and producing survey data. We have granted the request to consider the issue of the interpretation of the Decommissioning Plan and whether Viacom has completed decommissioning of the WTR when addressing Viacoms October 29, 2002, application for orders rather than in this Directors Decision. NRC is responding to the October 29, 2002, Viacom application for orders in a separate correspondence.
A copy of the Directors Decision (DD-03-02) will be filed with the Secretary of the Commission for the Commission to review in accordance with 10 CFR 2.206(c). As provided for by this regulation, the Directors Decision will constitute the final action of the Commission 25 days after the date of the decision, unless the Commission, on its own motion, institutes a review of the Directors Decision within that time. All of the documents cited in the enclosed decision are available in ADAMS for inspection at the Commissions Public Document Room, located at One White Flint North, 11555 Rockville Pike (first floor), Rockville, Maryland, and from the ADAMS Public Library component on the NRCs Web site, http://www.nrc.gov, (the Public Electronic Reading Room).
I have also enclosed a copy of the notice of Issuance of the Directors Decision Under 10 CFR 2.206," that has been filed with the Office of the Federal Register for publication.
Please feel free to contact Derek A. Widmayer at 301-415-6677 to discuss any questions related to this petition.
Sincerely,
/RA/ M. Federline for Martin J. Virgilio, Director Office of Nuclear Material Safety and Safeguards Docket Nos: 50-22,70-698
Enclosures:
- 1. Directors Decision, DD-03-02
- 2. Federal Register Notice cc: Michael F. McBride John W. Lawrence Service List
M. Malsch 2 request to issue an Order to Westinghouse, the holder of license SNM-770 on the Waltz Mill Service Center near Madison, PA, which would require Westinghouse to provide certain radiological survey data to NRC with NRC has requested, is now moot and the NRC is not addressing the request further. We have denied the request to issue an Order to Westinghouse, the holder of license SNM-770 on the Waltz Mill Service Center near Madison, PA, which would require Westinghouse to accept under SNM-770 certain residual byproduct materials now held under Viacom license TR-2 and located at the former Westinghouse Test Reactor (WTR) facility at the Waltz Mill site. We have also denied the request to issue an Order to Westinghouse to abate a violation of 10 CFR 50.0, Deliberate Misconduct, by accepting the residual byproduct materials now held under Viacom license TR-2 at the WTR and producing survey data. We have granted the request to consider the issue of the interpretation of the Decommissioning Plan and whether Viacom has completed decommissioning of the WTR when addressing Viacoms October 29, 2002, application for orders rather than in this Directors Decision. NRC is responding to the October 29, 2002, Viacom application for orders in a separate correspondence.
A copy of the Directors Decision (DD-03-02) will be filed with the Secretary of the Commission for the Commission to review in accordance with 10 CFR 2.206(c). As provided for by this regulation, the Directors Decision will constitute the final action of the Commission 25 days after the date of the decision, unless the Commission, on its own motion, institutes a review of the Directors Decision within that time. All of the documents cited in the enclosed decision are available in ADAMS for inspection at the Commissions Public Document Room, located at One White Flint North, 11555 Rockville Pike (first floor), Rockville, Maryland, and from the ADAMS Public Library component on the NRCs Web site, http://www.nrc.gov, (the Public Electronic Reading Room).
I also have enclosed a copy of the notice of Issuance of the Directors Decision Under 10 CFR 2.206," that has been filed with the Office of the Federal Register for publication.
NRC staff acknowledges the efforts of Viacom, Inc. to ensure that NRC staff is fully aware of the activities associated with the decommissioning of the WTR at the Waltz Mill Service Center.
Please feel free to contact Derek A. Widmayer at 301-415-6677 to discuss any questions related to this petition.
Sincerely,
/RA/
Martin J. Virgilio, Director Office of Nuclear Material Safety and Safeguards Docket Nos: 50-22,70-698
Enclosures:
- 1. Directors Decision, DD-03-02
- 2. Federal Register Notice cc: Michael F. McBride, John W. Lawrence, Service List NOTE: Coordinated with OGC and they have no legal objection DISTRIBUTION: G20020629 File Center NMSS r/f DCB r/f NMSS Dir. Off. r/f PShea EDO r/f BFleming ML032250217