ML103410244
| ML103410244 | |
| Person / Time | |
|---|---|
| Site: | 07000036 |
| Issue date: | 12/29/2010 |
| From: | Camper L NRC/FSME/DWMEP |
| To: | Hackmann E Westinghouse |
| John Hayes, 415-5928 | |
| Shared Package | |
| ML103410261 | List: |
| References | |
| Download: ML103410244 (6) | |
Text
December 29, 2010 Mr. E. Kurt Hackmann Director, Hematite Decommissioning Project Westinghouse Electric Company LLC 3300 State Road P Festus, MO 63028
SUBJECT:
HEMATITE LICENSE AMENDMENT 56 AND 10 CFR 70.17(a) EXEMPTION REQUEST FROM THE REQUIREMENTS FOR A CRITICALITY MONITORING SYSTEM IN ACCORDANCE WITH 10 CFR 70.24(a) AT THE HEMATITE SITE
Dear Mr. Hackmann:
By letter dated December 4, 2009, Westinghouse Electric Company LLC (Westinghouse or WEC) requested an exemption from the requirements of 10 CFR 70.24(a) pertaining to criticality monitoring systems for the Hematite Decommissioning Project in Festus, Missouri. The Hematite license (SNM-33) authorizes Westinghouse to possess special nuclear material (SNM) in excess of 700 grams of contained U-235 and as such the criticality requirements of 10 CFR 70.24(a) are applicable to the Hematite facility. Accordingly, Westinghouse is required to maintain a criticality monitoring system meeting the specifications of 10 CFR 70.24(a)(1) or (a)(2) in each area at the Hematite facility where SNM is handled, used or stored, The December 4, 2009, exemption request addressed Item 8 of the U.S. Nuclear Regulatory Commissions (NRCs) Confirmatory Action Letter Second Addendum (CAL-3-08-005B) dated November 13, 2009. The NRC staff reviewed the exemption request and approved it, in part, on March 17, 2010. The March 17, 2010, approval (Amendment 52) only covered building demolition activities and did not cover other site areas and activities. Due to the discovery of additional SNM in the process building piping in excess of 700 grams, WEC issued a Stop Work Order, limited access to the process building, performed additional radiological characterization, and submitted these results to the NRC. In response, the NRC issued a Confirmatory Action Letter (CAL) which included a number of action items necessary for WEC to resolve prior to reinstitution of Amendment 52 and the criticality exemption for building demolition. The resolution of Hematite Amendment 52, Building Demolition was issued by the NRC on December 9, 2010 (ML102990298 and ML102990346) and included an exemption to the criticality requirements of 10 CFR 70.24(a) for building demolition. The enclosed Safety Evaluation Report (SER) addresses the exemption request associated with other site areas and activities.
The staff has concluded that the granting of such an exemption is appropriate and that the following license condition should be incorporated into the Hematite license as License Condition 15.
- 15. Notwithstanding the requirement of 10 CFR 70.24, the licensee shall be exempted from the "monitoring system" requirements in the areas, and under the conditions specified below:
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A. Low concentration storage areas for materials having uranium in quantities representing no more than 1.4 g U-235/L for solids, and 11.6 g U-235/L for liquids.
B. Buildings and separate areas provided that:
- 1. Each such area qualifies for appropriate nuclear isolation with respect to other areas where SNM is more concentrated.
- 2. Each such area shall be administratively limited to 700 g U-235 in uranium enriched to more than 5 wt. % U-235/U.
- 3. Each such area shall be administratively limited to 1640 g U-235 in uranium enriched to no more than 5 wt. % U-235/U.
C. Storage areas in which the only SNM present is contained in authorized packages as defined in NRC/DOT regulations, including 10 CFR 71 and 49 CFR 173.
Existing Licensing Conditions 15 and 16 were re-numbered as License Conditions 16 and 17 respectively. License Condition 16.B was modified to incorporate WECs letters dated December 4, 2009; December 16, 2009 (ML093570277) and March 22, 2010 (ML100830643).
In addition, a new License Condition 16.C was added to include WECs emails of August 6, 2010 (ML103050094) and September 15, 2010 (ML103050138). The modifications to Part B and the addition of Part C to the License Condition incorporate the appropriate documentation and correspondence associated with this SER and the resolution of Item 8 of the CAL and Amendment 52.
An Environmental Assessment for this action is not required because this action falls within the class of actions that are categorically excluded by 10 CFR 51.22(c)(11). The proposed action does not result in a change in process operations or equipment and will not result in: (i) a significant change in the types or significant increase in the amounts of any effluents that may be released offsite; (ii) a significant increase in individual or cumulative occupational radiation exposure; (iii) a significant construction impact; and (iv) there is no significant increase in the potential for or consequences from radiological accidents.
In accordance with 10 CFR 2.390 of the NRCs Rules of Practice, a copy of this letter will be available electronically 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
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If you have any further questions, please contact John Hayes at (301) 415-5928 or via email at john.hayes@nrc.gov.
Sincerely,
/RA/
Larry W. Camper, Director Division of Waste Management and Environmental Protection Office of Federal and State Materials and Environmental Management Programs
Enclosure:
- 1. Safety Evaluation Report
- 2. License Amendment 56 Docket No. 70-36 License No. SNM-33 cc: Westinghouse - Hematite Service List
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If you have any further questions, please contact John Hayes at (301) 415-5928 or via email at john.hayes@nrc.gov.
Sincerely,
/RA/
Larry W. Camper, Director Division of Waste Management and Environmental Protection Office of Federal and State Materials and Environmental Management Programs
Enclosure:
- 1. Safety Evaluation Report
- 2. License Amendment 56 Docket No. 70-36 License No. SNM-33 cc: Westinghouse - Hematite Service List DISTRIBUTION: J. Tapp, RIII ML103410261 OFC DURLD DURLD OGC DURLD DURLD DWMEP NAME JHayes:
SAchten TStokes PMichalak LCamper for KMcConnell LCamper DATE 12/7/10 12/10/10 12/23/10 12/27/10 12/29/10 12/29/10 OFFICIAL RECORD COPY
cc: Westinghouse - Hematite Service List Alex S. Polonsky Morgan Lewis, Esq.
Morgan, Lewis & Kocjus LLP 1111 Pennsylvania Avenue, NW Washington, DC 20004 R. Budd Haemer Shaw Pittman, LLP 2300 N Street, NW Washington, DC 20037-1128 Clarissa Eaton Community Involvement Coordinator The Joachim Watershed Community Advisory Group at Hematite, Missouri Festus, MO 63028 Ramona J. Huckstep Community Relations Coordinator Missouri Department of Natural Resources Hazardous Waste Program State of Missouri P.O. Box 176 Jefferson City, MO 65103-0176 Russ Cline, Chairman Project Oversight Comm.
Westinghouse Electric Company, LLC 3300 State Road P Festus, MO 63028 Eric Gilstrap Environmental Engineer Department of Natural Resources Federal Facilities Section State of Missouri 917 N. Highway 67, Suite 104 Florissant, MO 63031 James McHugh The Honorable Russ Carnahan 8764 Manchester Road, Suite 203 St. Louis, MO 63144 Aaron Schmidt, Chief Federal Facilities Section Department of Natural Resources State of Missouri P.O. Box 176 Jefferson City, MO 65103-0176 Julie Ann Warren Quality Assurance Officer Department of Natural Resources State of Missouri P.O. Box 176 Jefferson City, MO 65103-0176 Glenda Miller, Director Division of Community and Public Health Missouri Department of Health & Senior Services 930 Wildwood P.O. Box 570 Jefferson City, MO 65102-0570 Dennis Diehl Jefferson County Department of Public Health 405 Main Street P.O. Box 437 Hillsboro, MO 63050 Patrick Lamping Jefferson County Council Board of Executives P.O. Box 100 Hillsboro, MO 63050 Chuck Banks Jefferson County Council Board of Executives P.O. Box 100 Hillsboro, MO 63050 Edward L. Kemp Jefferson County Council Board of Executives P.O. Box 100 Hillsboro, MO 63050
Joseph P. Bindbeutel, Deputy Director Policy and Intergovernmental Cooperation Department of Natural Resources State of Missouri P.O. Box 176 Jefferson City, MO 65102 Honorable Mark N. Templeton Director Department of Natural Resources State of Missouri P.O. Box 176 Jefferson City, MO 65103-0176 Branden Doster Operating Facilities Unit Chief Federal Facilities Section Department of Natural Resources State of Missouri P.O. Box 176 Jefferson City, MO 65102-0176 Michele M. Gutman Westinghouse Electric Company LLC 4350 Northern Pike Monroeville, PA 15146-2886