ML18219B612

NYSERDA - Options for West Valley License Modification

ML18219B612
Person / Time
Site:	West Valley Demonstration Project
Issue date:	08/09/2018
From:	Amy Snyder State of NY, Energy Research & Development Authority
To:	Division of Decommissioning, Uranium Recovery and Waste Programs
A SNYDER NMSS DUWP
References
Download: ML18219B612 (25)

Text

OPTIONS FOR WEST VALLEY LICENSE MODIFICATION August 9, 2018

2 Western New York West Valley Demonstration Nuclear Service Project Premises

• 167 Acres Center Today

• DOE-managed

• Part 50 License on hold for this area while DOE conducts the WVDP Retained Premises

• 3,150 Acres State-Licensed

• NYSERDA-managed Disposal Area

• Regulated under

• 16 Acres Part 50 License

• NYSERDA-managed

• Regulated under NY State license and permits

3 Western New York Nuclear Service Center Today (83,000 Ci)

Retained Premises (115 Ci) (178,000 (Contaminat Ci)

(800 Ci) ed) SDA (Inventory (6,200 Ci) varies)

WVDP Premises Vitrified HLW Storage (15,000,00 0 Ci)

(1,800 Ci) Retained Premises (Inventory Retained Premises (340,000 varies) (Contaminat Ci) ed)

4 Need for License Modification

• License does not contain provisions needed for NYSERDA to conduct needed maintenance and operations in the Retained Premises; health and safety provision was not transferred from site operator.

• Some needed maintenance activities are time-sensitive.

• Current license does not represent existing site conditions (reprocessing facilities have been dismantled).

• License has been in timely renewal for an extended period of time (decades).

• Existing license does not provide a current licensing basis.

5 Need for License Modification Some needed maintenance activities are time-sensitive Grass cutting and brush-hogging are needed to maintain fences and improve driver sight-lines.

Current conditions in Current conditions in unimpacted areas potentially impacted areas Fallen tree is Utility and road work require modifying creek rad assessments and support flow and in potentially impacted areas.

threatening Presently conducted using farmers fields on separate agreements with the adjacent land. WVDP.

6 Options Identified for License Modification

• Limited Amendment Option - Focused on near-term maintenance needs.

• Option 1: Retain CSF-1 as a Part 50 license but convert it to a possession only license (POL).

• Option 2: Convert CSF-1 to a Part 70 (and Part 30 and Part 40) Materials license with Hematite-type provisions.

7 West Valley is No Longer a Part 50 Production Facility Part 50 Production Facility West Valley Demonstration Project 1966-1982 1982-Present

8 West Valley is a Complex Materials Site Status of NRC-Regulated Complex Materials Sites Undergoing Decommissioning as of September 30, 2017 Site Name Location State Criteria DP Submitted Original DP Submittal DP Approved Estimated Closure Note Alameda Naval Air Station Alameda CA N/A N/A N/A N/A N/A 1 Cimarron (Kerr-McGee) Cimarron OK Action-UNRES Yes 4/95 Yes 2032 Department of the Army - ARDEC Picatinny NJ LTR-UNRES Yes 11/13 TBD TBD FMRI (Fansteel), Inc. Muskogee OK LTR-UNRES Yes 8/99 Yes TBD Hunter's Point Naval Shipyard San Francisco CA N/A N/A N/A N/A N/A 1 Jefferson Proving Ground Madison IN LTR-RES Yes 8/99 Withdrawn N/A McClellan (former Air Force base) Sacramento CA N/A N/A N/A N/A N/A 1 Shallow Land Disposal Area Vandergrift PA LTR-UNRES Yes 6/01 N/A TBD Sigma-Aldrich Maryland Heights MO LTR-UNRES Yes 10/08 Under Revision 2019 UNC Naval Products New Haven CT LTR-UNRES Yes 8/98 Yes TBD West Valley Demonstration Project West Valley NY LTR-UNRES Yes 3/09 (Phase 1) Yes TBD 2 Westinghouse Electric (Hematite Facility) Festus MO LTR-UNRES Yes 4/04 Yes 2019 For notes, please see the related data dictionary:

http://www.nrc.gov/info-finder/decommissioning/complex/complex-datadictionary.xls For more information, please see Section 2.3 of SECY-17-0111, "Status of the Decommissioning Program--2017 Annual Report":

https://www.nrc.gov/docs/ML1727/ML17276B120.pdf Source: NRC Webpage - Locations of Complex Materials Sites Undergoing Decommissioning https://www.nrc.gov/info-finder/decommissioning/complex/complex.xls

9 NRCs Decommissioning Process is not the same for all types of facilities 10 CFR Part 50 - Focused on Power 10 CFR 70 Complex Materials Sites:

Reactors:

• Notification within two years following

• Notification within two years of shutdown cessation of activities

• Submittal and review of a Decommissioning

• Submittal and review of Post- Plan (DP)

Shutdown Decommissioning Activities

• Implementation of DP Report (PSDAR)

• Completion of decommissioning

• Followed by submittal and review of License Termination Plan (LTP)

• Implementation of LTP

• Completion of decommissioning

10 The Materials Decommissioning Process is Being Implemented at West Valley

• NRCs current process for decommissioning at West Valley follows the Materials Site decommissioning process:

• DOE submitted a Phase 1 DP to NRC for review and comment in 2008, and NRC issued a Technical Evaluation Report in 2009 documenting its review of the Phase 1DP. WVDP Decommissioning is now underway.

• DOE will be submitting a Phase 2 DP and NYSERDA will submit a DP for the Center as a whole for NRCs review.

• This is in contrast to a Part 50 reactor decommissioning process that would have included the submittal of a Post-Shutdown Decommissioning Activities Report and License Termination Plan.

11 Addressing the Path Forward

12 Limited Amendment Option

• NYSERDA could prepare a limited license amendment package with the goal of effectuating immediate site maintenance needs (fence repair, vegetation clearing at perimeter fences, addressing concerns of neighbors - fallen trees, etc.).

• The limited amendment package would include:

- A radiation protection plan

- The clarification of responsibilities for health and safety provisions

- A site maintenance plan describing the type of routine maintenance work contemplated

- A no-significant-hazards-consideration assessment and DOEs non-objection

• Depends on resolution of health and safety provision issue.

• Would not address longer-term issues, and future amendments would be needed, but will address immediate maintenance needs.

13 Broader Amendment Options

• Look beyond current maintenance needs.

• Provide updated license to reflect todays site conditions and responsibilities.

• Allow for the removal of outdated and inapplicable provisions related to facilities and operations that no longer exist at the site.

• Result in a Current Licensing Basis for the Center.

14 Option 1: Retain Part 50 License and Convert to a POL Existing Part 50 license could be retained and converted to a POL with Parts 30 (byproduct material), 40 (source material), and 70 (special nuclear material) authorizations included to reflect current conditions at the site.

Potential advantages:

• Part 50 POL approach may be viewed as less complicated or less labor intensive by the NRC staff.

15 Option 1: Retain Part 50 License and Convert to a POL (Cont.)

Potential Disadvantages:

• Square peg in a round hole - Part 50 does not suit current site conditions or processes (see, e.g., 50.59 procedure recently utilized for solar facility).

• Does not reflect current status of the site. No longer a production facility - reprocessing facility and related fuel processing and support SSCs dismantled. No future production.

• Most Part 50 requirements are not relevant to the site (requirements without clear purpose for the West Valley site).

• The Part 50 POL would need to retain (and appropriately adapt) the same Parts 30, 40, and 70 conditions/provisions as will be required throughout decommissioning --

essentially the same as would be contained in a stand-alone Parts 30-40-70 license.

Efficiencies that might be gained by implementing a Part 50 POL may be minimal.

• Decommissioning as a Part 50 facility requires a substantial change in current process.

16 Option 2: Convert to a Materials License (Parts 70, 30 and 40)

• Existing Part 50 license could be converted to a materials license:

- No unneeded Part 50 elements such as technical specifications required.

- Would cover byproduct material (Part 30), source material (Part 40) and special nuclear material (Part 70) as it may exist on the site.

• Matters of special note:

- The WVDP premises would need to be clearly identified and carved out in the license while DOE is in possession of the project premises.

- Detailed review will be needed for the applicability of certain Part 70 provisions in relation to the dispersed nature of the special nuclear material on the site, and the nature of the remaining materials upon the completion of the WVDP.

17 Option 2: Convert to a Materials License (Parts 70, 30, and 40) (Cont.)

• Advantages of a materials license:

- Better reflects the actual status and needs of the site.

- NRC, NYSERDA, and DOE are presently implementing the DP approach, with longtime public support.

• Disadvantages of a materials license:

- Potentially viewed as a less efficient, more complicated approach to decommissioning a Part 50 facility than the approach used for standard facilities decommissioned under Part 50 POL approach, but as described above, the West Valley facility is not a standard Part 50 facility.

18 Both options offer:

• Inclusion of Parts 30, 40, 70 considerations.

• Public hearing rights.

• No change to DOE relationship.

• No change to the operational decommissioning approach.

• No impact on NRC policy statement application.

• A Current Licensing Basis for the Center.

19 Both Options Require:

• A finding that the production facility has been dismantled to the extent that it no longer satisfies the definition of production facility.

• Additional license amendment findings required under Part 50:

- Delete major parts of existing license that are no longer pertinent or needed.

- Identify and retain pertinent parts and provisions as appropriate, subject to any necessary modifications to conform to revised license.

20 Both Options Require (Cont.)

• Authorization to possess and maintain Parts 30, 40, and 70 materials.

• Additional items:

- Revised site description with necessary carve-outs (WVDP premises, SDA)

- Radiation protection plan

- Monitoring plan

- Site maintenance plans

- Emergency plans, if needed

- Safeguards and security plans, if needed

- Long-term funding requirements

• Various plans would be attachments to the license, imposed by license conditions.

21 Summary:

• West Valley is a NRC Complex Materials Site.

• DOE submitted and NRC approved a Complex Materials DP.

• DOE is implementing decommissioning under the current NRC approved DP (not a Part 50 License Termination Plan).

• Both broader amendment options must demonstrate compliance with License Termination Rule (LTR).

• Decommissioning for Part 50 sites normally includes a PSDAR, followed by performance-based decommissioning and submittal of an LTP for site end-state conditions. This is not the process in place for the West Valley site.

• Converting the current reprocessing Part 50 license to a Part 70, 30, 40 materials license would be effective and efficient for continuing with site decommissioning.

• NRC precedent for such an approach has been established through the Hematite Part 70, 30, 40 license.

• NYSERDA needs a near-term option to allow required maintenance.