ML103140068

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J. Desormeau Ltr Fee for the Long Term Surveillance Plan for the Western Nuclear Split Rock Site Near Jeffrey, Wyoming
ML103140068
Person / Time
Issue date: 12/28/2010
From: James Shepherd
NRC/FSME/DWMEP/DURLD/RDB
To: Desormeau J
US Dept of Energy, Office of Legacy Management
James Shepherd, 415-6712
References
Download: ML103140068 (3)


Text

December 28, 2010 Joseph P. Desormeau, Site Manager United States Department of Energy Office of Legacy Management 2597 B 3/4 Road, Grand Junction, CO 81503

SUBJECT:

FEE FOR THE LONG TERM SURVEILLANCE PLAN FOR THE WESTERN NUCLEAR SPLIT ROCK SITE NEAR JEFFREY, WYOMING

Dear Mr. Desormeau:

On October 20, 2010, there was a public meeting between the United States Nuclear Regulatory Commission (NRC) and Western Nuclear, Inc. about the transfer of the Split Rock site to the United States Department of Energy Office of Legacy Management (DOE/LM) for long-term surveillance. Following that meeting, DOE/LM staff contacted NRC staff and stated that they believe the cost to conduct long term care as the institutional control custodian at the Split Rock site will be greater than the minimum Long-Term Surveillance Charge (LTSC) set forth in 10 CFR 40, Appendix A, Criterion 10. In a letter dated June 17, 2010, to Mr. Raymond Plieness (ML100670337), NRC stated that only those measures relied on for the performance of the tailings impoundment (i.e., those measures having a nexus with the radiological safety of the facility) would be considered long-term care activities that would merit an increase in the LTSC.

In order to justify a higher amount for the Split Rock site, DOE/LM should submit details of site-specific measures it believes would justify an increase in the LTSC above the minimum set forth in 10 CFR 40, Appendix A, Criterion 10. This should include a description and a detailed basis (e.g. resources needed, frequency, cost) of each activity. As stated in NRCs June 17, 2010 letter, NRC staff will work with DOE and the licensee to address the LTSC; however, consistent with 10 CFR 40, Appendix A, Criterion 10, any final variances in the funding requirements will be determined solely by the NRC.

In accordance with 10 CFR 2.390 of the NRCs Rules of Practice for Domestic Licensing Proceedings and Issuance of Orders, a copy of this letter will be available for public inspection in the NRC Public Document Room or from the Publicly Available Records component of NRCs Agencywide Documents Access and Management System (ADAMS). ADAMS is accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html.

J. Desormeau 2

If you have any questions concerning the above, please contact me at (301) 415-6712 or via email at James.Shepherd@nrc.gov.

Sincerely,

/RA/

James C. Shepherd, Project Engineer Reactor Decommissioning Branch Decommissioning and Uranium Recovery Licensing Directorate Division of Waste Management and Environmental Protection Office of Federal and State Materials and Environmental Management Programs cc:

L. Corte, WNI M. Thiesse, WDEQ

J. Desormeau 2

If you have any questions concerning the above, please contact me at (301) 415-6712 or via email at James.Shepherd@nrc.gov.

Sincerely, James C. Shepherd, Project Engineer Reactor Decommissioning Branch Decommissioning and Uranium Recovery Licensing Directorate Division of Waste Management and Environmental Protection Office of Federal and State Materials and Environmental Management Programs cc:

L. Corte, WNI M. Thiesse, WDEQ DISTRIBUTION:

JWhitten/RIV LGersey/RIV BVonTill RPrzygodzki KKline ML103140068 OFC DWMEP DWMEP DWMEP OGC DWMEP DWMEP NAME JShepherd CHolston LChang TStokes BWatson JShepherd DATE 11/10/10 11/10/10 12/02/10 12/16/10 11/10/10 12/28/10 OFFICIAL RECORD COPY