ML19256E284
| ML19256E284 | |
| Person / Time | |
|---|---|
| Issue date: | 10/12/1979 |
| From: | Martin J NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | UNC RECOVERY SYSTEMS |
| References | |
| FOIA-81-8, REF-PROJ-M-28 NUDOCS 7911020052 | |
| Download: ML19256E284 (4) | |
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TELEGRAPHIC MESSAGE
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'c='XXXXXX UNCLASSIFIED INFO:
AccOUNir4C CLA15artCAflON DATE PREPARED TYft OF e4ESSAGE 10/12/79 FOR INFORMATION CALL
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~4W"4103 M =uttnamuss THIS SPACE FOR USE OF COMMUNICATION UNIT MESSAGE TO BE TRANSMITTED (Un desele Wiss and all sapiast 1. eml To:
MR. D. D. TUBERVILLE 4801 INDIAN SCHOOL ROAD, N.E.
ALBUQUERQUE, NEW MEXICO 87110 HONORABLE te; xWRx BRUCE KING, GOVERNOR ATTN: MR. BILL GIRON STATE CAPITOL BLDG i
SANTA FE, NEW MEXICO 87503 i
Transmit attached document.
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of
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United Nuclear Corporation
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(Church Rock Uranium Mill)
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ORDER CONDITIONING LICENSE 1
United Nuclear Corporation (Licensee), owner-operator of the Church Rock Uranium Mill holds a general license under 10 CFR S 40.26 from the Nuclear Regulatory Commission for the receipt of title to, ownership of, or possession of ibyproduct material (uranium mill tailings) as defined in 511e.(2) of the Atomic Energy Act of 1954, as amended by the Uranium Mill Tailings Radiation Control Act of 1978. This general license is issued pursuant to all the conditions in 10CFRS40.26, including 540.26(c)(2),whichprovidesthatthegenerallicense is subject to "...r.ny additional requirements the Lammission may by order dsm necessary." Although the Church Rock Uranium Mill also holds a specific license frco the State of New Mexico pursuant to the Str'a's agreement with the Nuclear Regulatory Connission under 8 274 of the Atomic Energy Act of 1954, the Uranium Mill Tailings Radiation Control Act of 1978 requires that the NRC assume authority over uranium mill tailings in non-Agreement and Agreement States.
See 44 FR 47192 (1979)
" Implementation of the Uranium Mill Tailings Radiation Control Act of 1978."
11 On July 16, 1979, a breach occurred in the United Nuclear Corporation's Church Rock Uranium Mill Tailings Dam releasing to the er.vironment about 100 million gallons of acidic tailings solution and 11 hundred tons of tailings solids.
Subsequent evaluations of the probable cause of this accident indicate a large differential settle-ment of the dam causing cracking to occur.
Internal erosion then occurred through the cracks with subsequent breaching of the dam. The NRC believes that a full evaluation of the remaining portions of the embankment for similar deficiencies is required before operations resume to assure there will not be a recurrence of this failure and the associated potential public health and environmental impacts.
To perform this evaluation several requests for information were transmitted to 1257 239
the State with copies to the Licensee. Sufficient data to complete this evaluation has not yet been received. A list of the required infonnation has been transmitted to the State and United Nuclear Corporation.
During the course of numerous telephone conversations with various officials of the State of New Mexico and of United Nuclear Corporation on October 12, 1979, the Nuclear Regulatory Commission received varying and inconsistent reports as to whether imediate resumption of operation of the Church Rock Mill was contemplated. The NRC is presently unable to conclude that operation of the mill (and consequent discharge of tailings) could be conducted with reasonable assurance of protection for the public health and safety.
III Accordingly, pursuant to the Atomic Energy Act of 1954, as amended, and the Commission's Rules and 7egulations in 10 CFR Parts 2 and 40. IT IS HEREBY ORDERED THAT United Nuclear Corporation's use of the general license set forth in 10 CFR 40.26 be conditioned as follows: United Nuclear shall not generate additional byproduct material (tailings) at its Church Rock Mill until such time as the Director of Waste Management, Office of Nuclear Materials Safety and Safeguards mAes, and confirms in writing, a conclusion that the embankment is stable, thereby assuring containment of the uranium tailings.
In light of the factors discussed in Part II, above, the Director of Waste
!!anagement has determined that the public health, safety or interest require that this action be effective imediately.
The Licensee er any interested person may (within twenty days of the date of this Ord ) file a request for a hearing with respect to all or any part of th; ond tion imposed by this Order.
In the event a hearing is requested, the issues to be consi;ered at such hearing shall be:
(1) Whether the facts set forth in Part II of this Order are true.
(2) Whether this Order shall be sustained.
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Any request for a hearing will not stay the immediate effectiveness of this Order, FOR THE NUCLEAR REGULATORY COMMISSION AAV John B, Martin, Director Division of Waste Management Office of Nuclear Material Safety and Safeguards Dated at Silver Spring, Maryland, this 12th day of October,1979, 1257 '41