ML17243A245

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Attachment I - NRC Reassertion of Previous Concerns, March 2006
ML17243A245
Person / Time
Issue date: 03/09/2006
From: Schlueter J
Office of Nuclear Material Safety and Safeguards, NRC/STP
To: Vranka J
State of CO, Dept of Public Health & Environment, Hazardous Materials & Waste Mgmt Div
Spackman D
Shared Package
ML17243A169 List:
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Download: ML17243A245 (2)


Text

March 9, 2006 Mr. Joe Vranka, Program Manager Radiation Control Program Hazardous Materials and Waste Management Division Colorado Department of Public Health and Environment 4300 Cherry Creek Drive South Denver, Colorado 80246-1530 RE:

RESPONSE TO YOUR JANUARY 4, 2006 LETTER ON GROUNDWATER MONITORING AT HECLAS DURITA URANIUM MILLING SITE (COLORADO RADIOACTIVE MATERIALS LICENSE #317-02)

Dear Mr. Vranka:

This is in response to your January 4, 2006 letter (ADAMS Accession No. ML060190022) responding to our December 2, 2005 letter (ADAMS Accession No. ML053360225) on groundwater monitoring at Heclas Durita uranium mill site. Your letter presents the Colorado Department of Public Health and Environments (CDPHE) technical and regulatory bases for allowing the licensee, Hecla, to terminate the groundwater detection monitoring program at the Durita uranium mill site in 1997 and to plug the wells in 2002. CDPHEs approval, and the licensees action to terminate the groundwater detection monitoring program, was taken approximately seven years prior to CDPHEs submittal of the draft Completion Review Report (CRR) to the U.S. Nuclear Regulatory Commission (NRC) documenting that the State was prepared to terminate the specific license.

Upon review of your letter, we still do not see any language in the CDPHE requirements of 6 CCR 1007-1, Part 18, Appendix A, Criterion 7 that allows for termination of the groundwater detection monitoring program approximately seven years prior to the States determination to terminate the specific license. At this time, under our responsibilities found in 10 CFR 150.15a(a) and Section 274c of the Atomic Energy Act of 1954, as amended, we are unable to concur with the groundwater section of the draft CRR that is currently under review.

Under these circumstances, we respectfully suggest that CDPHE reconsider our December 2, 2005 letter on our proposed path forward, which would bring the site into compliance with your current regulatory requirements and allow us to concur on the groundwater section of the CRR.

If you have any questions on the current status of our review of the draft CRR, please contact Dennis Sollenberger of my staff at 301-415-2819.

Sincerely,

/RA/

Janet R. Schlueter, Director Office of State and Tribal Programs

ML060190022) responding to our December 2, 2005 letter (ADAMS Accession No. ML053360225) on groundwater monitoring at Heclas Durita uranium mill site. Your letter presents the Colorado Department of Public Health and Environments (CDPHE) technical and regulatory bases for allowing the licensee, Hecla, to terminate the groundwater detection monitoring program at the Durita uranium mill site in 1997 and to plug the wells in 2002. CDPHEs approval, and the licensees action to terminate the groundwater detection monitoring program, was taken approximately seven years prior to CDPHEs submittal of the draft Completion Review Report (CRR) to the U.S. Nuclear Regulatory Commission (NRC) documenting that the State was prepared to terminate the specific license.

Upon review of your letter, we still do not see any language in the CDPHE requirements of 6 CCR 1007-1, Part 18, Appendix A, Criterion 7 that allows for termination of the groundwater detection monitoring program approximately seven years prior to the States determination to terminate the specific license. At this time, under our responsibilities found in 10 CFR 150.15a(a) and Section 274c of the Atomic Energy Act of 1954, as amended, we are unable to concur with the groundwater section of the draft CRR that is currently under review.

Under these circumstances, we respectfully suggest that CDPHE reconsider our December 2, 2005 letter on our proposed path forward, which would bring the site into compliance with your current regulatory requirements and allow us to concur on the groundwater section of the CRR.

If you have any questions on the current status of our review of the draft CRR, please contact Dennis Sollenberger of my staff at 301-415-2819.

Sincerely,

/RA/

Janet R. Schlueter, Director Office of State and Tribal Programs Distribution: DCD (SP08) SISP Review Complete DIR RF

Publicly Available : Non-Sensitive VCampbell, RIV WvonTill, NMSS Response to Incoming Document: ML060190022 DOCUMENT NAME:E:\\Filenet\\ML060730466.wpd *See previous concurrence.

To receive a copy of this document, indicate in the box: "C" = Copy without attachment/enclosure "E" = Copy with attachment/enclosure "N" = No copy OFFICE STP STP:DD NMSS/FCSS/FCFB OGC STP:D NAME TABrock:gd DKRathbun GJanosko SATreby JRSchlueter DATE 2/28/06*

3/1/06*

3/6/06*

3/3/06*

3/9/06