ML092570681

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P. Giardina Letter Dated 09/04/2009, New York State Energy Research and Development Authority Letter Dated September 4, 2009, to U.S. Environmental Protection Agency
ML092570681
Person / Time
Site: West Valley Demonstration Project, P00M-032
Issue date: 09/04/2009
From: Bembia P
State of NY, Energy Research & Development Authority
To: Giardinia P
NRC/FSME, Environmental Protection Agency
Glenn C, FSME/DWMEP, 415-6722
References
Download: ML092570681 (1)


Text

NYOERDA [ e New York State Energy Research and Develipment Authoartg Vincent A. Delorio, Esq., Chairman Toll Free: 1 (866) NYSERDA www.nyserda.org - info@ny~erda.org September 4, 2009 Paul A. Giardina, Chief Radiation and Indoor AirBranch United State Environmental Protection Agency Region 2 290 Broadway New York, New York 10007-1866

Dear Mr. Giardina:

The New York State Energy Research and Development Authority (NYSERDA) is in receipt of your letter dated September 1, 2009 to Bryan Bower of the United States Department of Energy. We understand that the issues you raise will be the subject of discussions at the September 9 interagency meeting. We look forward to those discussions.

In anticipation of that meeting, we would like to correct a misimpression of NYSERDA's position on two issues reflected in your letter. First, NYSERDA has not made a Phase 2 decision for the State-Licensed Disposal Area (SDA) at West Valley. Our position has been, and remains, that more analytical work is necessary before a supportable Phase 2 decision can be made. We do believe that continued monitoring and maintenance of the SDA for some period of time is an option that should be considered in the EIS for the Phase 2 decision..

Second, we have not come to any decision as to whether continued monitoring and maintenance would be an acceptable alternative., for the Nuclear Regulatory Commission-Licensed Disposal Area (NDA). We believe that option should be considered as well.

Further, we believe that whether the SDA and NDA should be treated identically in Phase 2 decisionmaking is an issue that will need to be decided based on applicable regulatory requirements, and on all the analysis that we have completed when the time for a Phase 2 decision arrives. We'd be happy to discuss this further on September 9.

Sincerely, VALLEY SITE MANAGEMENT PROGRAM P aul qJ. embia, Program Director PJB/hb PJB/09amd042.hb Main Office West Valley Site New York City Buffalo Albany Management Program 485 Seventh Ave., Suite 1006 Larkin at Exchange Building 17 Columbia Circle 10282 Rock Springs Road New York, NY 10018 726 Exchange Street, Suite 821 Albany, NY 12203-6399 West Valley, NY 14171-9799 Phone: (212) 971-5342 Buffalo, New York 14210 Toll Free: 1 (866) NYSERDA Phone: (716) 942-9960 Fax: (212) 971-5349 Phone: (716) 842-1522 Phone: (518) 862-1090 Fax: (716) 942-9961 Fax: (716) 842-0156 Fax: (518) 862-1091