ML071560350

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Rickard Smith Ltr Request to Modify Technical Specification 5.0 of the TR-2 License, Docket No.50-022
ML071560350
Person / Time
Site: Waltz Mill
Issue date: 07/16/2007
From: Mcconnell K
NRC/FSME/DWMEP/DURLD
To: Rich Smith
Environmental Reclamation
Hayes, J.
References
Download: ML071560350 (4)


Text

July 16, 2007 Mr. Rickard K. Smith Vice President, Environmental Remediation 11 Stanwix Street, Room 370 Pittsburgh, PA 15222

SUBJECT:

REQUEST TO MODIFY TECHNICAL SPECIFICATION 5.0 OF THE TR-2 LICENSE, DOCKET NO.50-022

Dear Mr. Smith:

In a letter dated April 20, 2007, CBS Corporation requested that the words in Section 5.0 of the TR-2 Technical Specifications that state which is owned and controlled by Viacom Inc be changed to which is owned by Westinghouse Electric Company LLC. In addition, we discussed your request twice with you and legal representatives of CBS and Westinghouse.

The U.S. Nuclear Regulatory Commission (NRC) staff has completed its review of your request.

The NRC cannot approve your request for the following reasons:

  • Westinghouse cannot exercise its option to buy the premises without a license transfer and a license amendment.
  • The license transfer must be carried out pursuant to 10 CFR 50.80.
  • The proposed license amendment has not proposed a license transfer pursuant to the above.

Regarding some of the questions raised by CBS and Westinghouse during our conference calls, we offer the following:

  • Any transaction that would involve a direct or indirect transfer of control of the license, including sale or change of operator, requires NRC consent in writing.

See Atomic Energy Act (AEA) of 1954, as amended, § 184 (42 USC § 2234); 10 CFR § 50.80. In addition, the creation of a lease hold would require compliance with AEA § 184, and 10 CFR § 50.81 and, perhaps 10 CFR § 50.80. Both CBS and Westinghouse can be on the license, but a license transfer has to occur.

Therefore, if Westinghouse wants to establish control of the entire site, under the existing license arrangement, it has to be made by a licensee via a license transfer.

R. Smith 2 If you have any questions, please contact Jack Hayes at (301) 415-5928 or jjh@nrc.gov.

Sincerely,

/RA/

Keith I. McConnell, Deputy Director Decommissioning and Uranium Recovery Licensing Directorate Division of Waste Management and Environmental Protection Office of Federal and State Materials and Environmental Management Programs cc: See next page

R. Smith 2 If you have any questions, please contact Jack Hayes at (301) 415-5928 or jjh@nrc.gov.

Sincerely,

/RA/

Keith I. McConnell, Deputy Director Decommissioning and Uranium Recovery Licensing Directorate Division of Waste Management and Environmental Protection Office of Federal and State Materials and Environmental Management Programs cc: See next page DISTRIBUTION:

DURLD r/f LCamper RidsRgn1MailCenter RidsOgcMailCenter ML071560350 OFFICE DWMEP DWMEP DWMEP OGC DWMEP NAME JHayes TMixon RTadesse SLUttal KMcConnell DATE 6/5/07 6/5/07 6/11/07 7/9/07 07/16/07 OFFICIAL RECORD COPY

cc:

Mr. Martin G. Malsch Egan, Fitzpatrick, Malsch, Cynkar, PLLC The American Center at Tysons Corner 8300 Boone Blvd, Suite 340 Vienna, VA 22182 Mark J. Wetterhahn, Esq. .

Winston & Strawn LLP 1700 K. Street, NW Washington, DC 20006-3817 mwetterhahn@winston.com Richard G. Murphy, Jr., Esq Sutherland Asbill & Brennan, L.L.P.

1275 Pennsylvania Avenue, NW Washington, DC 20004-2415 rgmurphy@sablaw.com Robert Maiers, Chief Decommissioning Section Commonwealth of Pennsylvania Department of Environmental Protection Rachel Carson State Office Building PO Box 8469 Harrisburg, PA 17105-8469 James Ysuko, Regional Manager Radiation Protection Commonwealth of Pennsylvania Department of Environmental Protection 400 Waterfront Drive Pittsburgh, PA 15222-4745 Wayne Vogel, Radiation Safety Officer Environment, Health and Safety Westinghouse Electric Company P. O. Box 158 Madison, PA 15663-0158 vogelwd@westinghouse.com