ML19276F541
| ML19276F541 | |
| Person / Time | |
|---|---|
| Site: | 02700039 |
| Issue date: | 03/20/1979 |
| From: | Dircks W NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | |
| Shared Package | |
| ML19276F537 | List: |
| References | |
| NUDOCS 7903300594 | |
| Download: ML19276F541 (7) | |
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M" UNITED STATES OF AMERICA I
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In the Matter of
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NUCLEAR ENGINEERING COMPANY, INC.
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License No. 13-10042-01 (Sheffield, Illinois Low-Level
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Radioactive Waste Disposal Site)
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ORDER TO SHOW CAUSE On March 8,1979, the Nuclear Er gineering Ccmpany (NECO), a Cem-mission licensee under License No. 13-10042-01, notified the NRC that effective 10:01 c.m. that date it would teminate its license for all activities at the Sheffield Illinois Low-Level Radioactive Waste Dispcsal Site.
On March 9, the Director of the NRC Office of Nuclear Material
~~ Safety and Safeguards, notified NECO that NECO lacked the authority to teminate unilaterally its license and directed NECO to take all necessary sction to assure that the health and safety of the public are adequately protected at the site. This order supolements the order of March 9, 1979.
The receipt, possession and disposal of source, by-product and special nuclear materials at the Sheffield site, a commercial low-level radioactive waste disposal facility, was licensed by the At::mic Ener9y Commission in 1966 and 1967.
In 1968, MECO filed a timely application to renew that license.
Under 5 U.S.C. 558 and NRC regulations,10 CFR 2.109, 7eoaao w#
-E-the 1967 license has been continued in effect pending final agency action en the application for renewal. The license itself references the "Sheffield Site Operations Manual", a set of precedures developed by NECO and incor-porated in the license by the NRC. The manual requires NECO to maintain security for the site including a perimeter fence and a pericdic guard patrol.
The manual also requires maintenance of trenches in which the icw-level. radioactive material is buried and provides for environmental monitoring activities.
NECO had provided for Radiological Centrol and Safety Officers to implement safety precedures for the Sheffield Site and as,a means to protect the public health and safety.
All of these activities stopped by NECO en March 8, in disregard of its responsibilities as
.ss e an NRC licensee.
Inspectors frem the Commission's Office of Inspection and Enforcement (Region III) visited the Sheffield facility on fiarch 9 and 16 and confirmed the general failure to hold in force terms and conditions of the license, which necessarily follcwed from NECO's abandonment of the site.
This aspect of the matter is under continuing NRC review and may be the subject of a further Commission order.
Public safety considerations are paramount in licensing activities under the Atomic Energy Act.
Power Reactor Develocment Co. v. Electrical Workers _ Union, 367 U.S. 396, 402 (1961).
Indeed, the thrust of the regulatory scheme established under the Act is that no person shall act, with respect to nuclear materials, in a manner that constitutes a threat to the public health and safety.
Atomic Energy Act, 52(d),
42 U.S.C. 2012(d).
That Act requires that persons observe Commission safety standards to protect the public.
See_ Atomic Energy Act,15 81,
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. 1sl(b), 42 U.S.C. 2111, 2201(b).
Thus, receipt, possession, or transfer of nuclear material must be in accordance with the authority granted under a Commission license. And, for this reason, the Act mandates and the Commission requires that no person can, in any manner, dd.spose of any right granted by a license without prior Commission review and approval. Atcmic Energy Act, il 183, 184, 42 U.S.C. 2233, 2234; 10 CFR 30.34(b), 40.46, and 70.36.
An important part of that regulatory scheme is that no licensee can simply terminate its obligations and responsibilities under an NRC license except under terms and cunditions established by the Ccmmission.
Id., see 10 CFR 30.34(e), see also_10 CFR 30.37(b),2.107.
NECO's license for receipt and possession of nuclear materials at Sheffield carries with it the obligation to act with respect to
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those materials in a safe and responsible manner in accordance with the license. Until the Commission veriffes that these activities have been properly conducted under the license, and that all of NECO's responsibilities under the license have been properly discharged, such respcasibilities under that license must remain in force.
No nuclear materials can be transferred to any person (including a State) unless the transferor verifies that that person is authori:ed to receive sucn materials.
10 CFR 30.41(c), 40.Sl(c),
70.42(c).
No State or other person can receive or possess materials without authorization of the Commission.
10 CFR 30.3, 40.3, 70.3.
Under the law, NECO may not transfer materials to the State without prior Ccm-mission approval.
. This is not to say that the Commission will hold persons to licenses indefinttely when they desire termination, but only that termi-nation must be preceded by appropriate Commission review to assure the public health and safety are protet
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To do otherwise would be contrary to the regulatory framework established by the Atomic Energy Act.
For these reasons, NECO is hereby ordered to show cause why it should not resume its responsibilities and obligations under License No. 13-10042-01 at tha Sheffield, Illinois site.
In view of the importance to the public health and safety of the required monitoring and maintenance of the Sheffield site and the willfulnest of NECO's unauthorized " termination" of its license, this Order is made effective immediately (i.e., NECO shall resume its responsibilities under the license immediately) and will continue in force pending further order of the Commission.
This Order is issued in furtherance of the Ccmmission's regulatory responsibilities under Sections 53, 62 and 81 of the Atomic Energy Act of 1954, as amended, 42 U.S.C. 5H 2073, 2092, and 2111.
Failure to comply may subject NECO to civil penalties as prescribed under Section 234 of
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the Act, 42 U.S.C. 2282, and to such further necessary and appropriate enforcenent actions as the Ccmmission may seek in the Federal courts.
The Licensee may, within twenty days of the date of this Order, file a written answer to this Order under cath or affirmation. Within the same time, the Licensee and any other person whose interest may be affected e
may request a hearing.
If a hearing is requested, the Commission will issue an order designating the time and p; ace for hearing. Any request for a hearing shall not stay the immediate effectiveness of this order.
If a hearing is requested, the issue to be considered at such hearing shall be:
Whether NECO may unilaterally terminate License No.
13-10042-01 for activities at Sheffield.
It is so ORDERED.
FOR THE U.S. NUCLEAR REGULATORY COMMISSION
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W1111am J. Direxs Director Office of Nuclear Material Safety and Safeguards Dated at Silver Spring, Maryland this 20th day of March, 1979.
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Ccpies sent to:
g Alan S. Rosenthal, Esq.. Chair nan Dr. Linda W. Little Atemic Safety and Licensing Appeal Research Triangle Institute Beard P.O. Box 12194 U.S. Nuclear Regulatory Comission Research Triangle Park, N.C. 27709 Washington, D.C. 20555 Dr. Forrest J. Remick Richard 5. Sal: man, Esq.
305 E. Hamilton Avenue Atomic Safety and Licensing Appeal State College, Pennsylvania 16801 Scard U.S. Nuclear Regulatory Ccmmission Scott Madsen, Esq.
Washington, D.C. 20555 Assistant State's Attorney 601 South Main Street Dr. W. Reed Johnson Princeton, Illinois 61356 Atcmic Safcty and Licensing Appeal Beard D. J. McRae, Esq.
U.S. Nuclear Regulatory Comission 217 West Second Street Washingten D.C. 20555 Kewaunee, Illinois 61443 Andrew C doodhepe, Esq.
Cornelius J. Hellerich, Esq.
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3320 Estelle Terrace State's Attorney Wheaton, Maryland 20906 Bureau County Court House Princeton, Illinois 61356 James N. Neel, President Nuclear Engineering Ccmpany, Inc.
Cean Hansell, Esq.
9200 Shelbyville Road, Suite 526 Susan N. Sekuler, Esc.
P.O. Sex 7246 State of Illinois Louisville, Xentucky 40207 Environmental Control Division 188 West Randolph Street Robert Russell, Esq.
Suite 2315 Johnson, Martin & Russell Chicago, Illinois 60601 10 Park Avenue West Princeton, Illinois 61356 O
John M. C4rinon, Esq.
Atomic Safety and Licensing Board Mid-America Legal Foundation Panel
- Suite 2245 U.S. Nuclear Regulatory Ccmmission 20 North Wacker Drive Washington, D.C. 20555 Chicago, Illinois 60606 Atomic Safety and Licensing Appeal Troy B. Conner, Jr., Esq.
Panel
- Mark J. Wetterhahn, Esq.
U.S. Nuclear Regulatory Commission Conner, Moore & Corber Washington, D.C. 20555 1747 Pennsylvania Avenue, N.W.
Suite 1050 Docketing and Service Section*
Washington, D.C. 20C06 Office of the Secretary U.S. Nuclear Regulatory Commission Washington, D.C. 20555 I
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