ML19305E748
| ML19305E748 | |
| Person / Time | |
|---|---|
| Issue date: | 01/01/1980 |
| From: | Gerusky T, Morton K NRC OFFICE OF ADMINISTRATION (ADM), PENNSYLVANIA, COMMONWEALTH OF |
| To: | |
| Shared Package | |
| ML19305E742 | List: |
| References | |
| CON-FIN-B-5111, CON-NRC-05-80-272, CON-NRC-5-80-272 NUDOCS 8005200351 | |
| Download: ML19305E748 (14) | |
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- 12. TAW.!M Wnt f! e.dCE SY CODE l U. S. tiuclear Regulatory Commission U. S. fluclear Regulatory Commission Office of Inspection and Enforcement Office of the Controller ington, D.E., Di 'icion of Accounting Directo TT psas{l; P_ba55 I.TTri:
Lawrence K. Cohen 1
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,5 C U.NIlf Y UNIT UNil F Elct A OUNT sutru!5 st8vtCf s i t '.* P40 COOPERATIVE AGREE!4EtiT:
EliVIRO:; 4 ENTAL I40:lITORIf!G PROGRAF 4 I!ITH THE C0i'.t40 lit-lEALTH OF Petit!SYLVA:4IA iot4t Aucum or cesa.ct s 95,200.00 CONTR.4rTING Ollll ER lt ILL CO.MI'LETE BLOCK :: OR :G.45.41'I' llc.4 nt.E f C:.:s.cist s Ne oct:.Tto o onttu.t us tc,,r,sar,I,a;.i,rd 1, sig.
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/ PR 141980 Thomas f4. Gerusky 4/3/80 Kellogg V. !4orton
}irector-of Radiation-Proteetion--
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1
f!RC-05-80-272 Page 2 of 6 COIiiErlTS OF COOPERATIVE AGREEMEf;T iRC-05-80-272 I
1.
Cover Page 2.
Contents of Cooperative Agreccent Pages j
3.
Special Provisions ARTICLE I
- DEFINITIONS ARTICLE II
- SCOPE OF !!ORK ARTICLE III
- PERIOD OF PERFOR:'ANCE ARTICLE IV
- DIVISION OF RESP 0:1SIBILITY l
ARTICLE V
- C0:! SIDERATION AND PAYMEf17 ARTICLE VI
- DISPUTES ARTICLE VII
- AVAILABILITY OF DATA ARTICLE VIII - PARTICIPATIO:10F OTHER GOVER:; MENT AGENCIES ARTICLE IX
- EXAMIt!ATIO!1 0F RECORDS ARTICLE X
- 0FFICIALS fl0T TO BEtlEFIT ARTICLE XI
- COVEllAllT AGAlflST CONTIfGEtiT FEES ARTICLE XII
- CO:lVICT LABOR ARTICLE XIII - f!0NDISCRIMIf!ATION ATTACH:4EilT A - STATEMEtiT OF WORK
HRC-05-80-272 Page 3 of 6 ARTICLE I - DEFINITIONS
}
A.
The term " Commission" means the United States Duclea,r Regulatory Cor. ission-or any duly authorized representative thereof, including 1
the Contracting Officer, except for the purpose of deciding an appeal under the article entitled " Disputes."
)
B.
The term'"Contractino Officer" means the person executing this coopera-tive agreement on behalf of the Government and includes his suc,cessors or any duly authorized representative of any such person.
C.
The term " Contractor" means the State entering into this cooperative agreement.
ARTICLE II - SCOPE OF WORK i
The State and the Commission shall encage in a cooperative agreement for measuring concentrations of radioactivity and radiation levels in the environ-ment of Commission-licensed activities in sites selected by the Commission.
The principal objectives of the program are to 1) provide r,easonable assurance l
that environmental m2asurements made by the licensee under Commission require-f m2nts are valid, and 2) to independently monitor direct radiation levels in the environs of nuclear facilities.
The full scope of this cooperative agreement is set forth in Attachment A, STATEMENT OF WORK, which is attached hereto and by this reference made a part I
hereof.
ARTICLE III - PERIOD OF PERFORMANCE A.
The period of performance hereunder shall-commence on January 1,1980, and shall continue through December 31, 1982, unless sooner terminated or extended, as hereinafter provided.
B.
The State and the Commission, by mutual. agreement, may extend the period l
of performance through the execution of supplemental agreements to this l
cooperative agreement.
i C.
Either party may terminate this cooperative agree.' ant, in whole or in If this part, upon sixty (60) days written notice to the other party.
cooperative agreement is so terminated, the Commission shall be liable only for payment in accordance with the consideration and payment provi-sions of this cooperative agreemant for services rendered prior to the effective date of termination.
ARTICLE IV - DIVISION OF RESPONSIBILITY In the performance of work under this cooperative agreement, the division 'of -
responsibility shall be as follows:
A.
At the request of the Commission, the State will conduct off-site activities which shall consist of collecting environmental media -
samples, analyzing samples and exchanging dosimeters for' measuring radiation levels, as specified -in Attachment A.
)
I!RC-05-80-2 72 Page 4 ef 6 l
l B.
The Co mission will participate with the State in developing schedules, sample anc data callection procedures, analytical methods and other aspects of the program.
The parties nay split sanples for separate
'nalyses.
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C.
The State will prepare and submit to the Commission reports in a format and time sequence as specified in Attachment A.
i ARTICLE V - C0tiSIDERATIO1 AfiD PAYliEllT A.
Consideration 1.
The Commission will provide funds, subject to the availability of appropriation, to the State in the amount of $ 95,200.00 during the three (3) year period of performance. The rate of payment to the State will be as follows:
I CY 1930 - 57,200. 00 per site, per year / environmental media program CY 1931 - 57,900.03 per site, per year / environmental rcedia program CY 1982 - 38,700.00 per site, per year / environmental media program l
2.
The State will contribute, as a minimum, an amount or in kind i
services equal te the Cor.raission's contribution in 1. above.
3.
The amount presently obligated by the Commission with respect to this cooperative agreement for the CY 1930 effort is $ 21,780.00.
t B.
Payment 1.
The Coranission shall render payment to the State in approximately thirty (30) days after submission of proper and correct quarterly vouchers.
i l
2.
The State should address the original voucher with four copies to:
i U. S. !!uclear Regulatory Commission Office of the Controller ATTit:. Director, Division of Accounting i
!!cshington, D.C.
20555 ARTICLE VI - DISPUTES A.
Except as otherwise' provided~in this cooperative agreement, any dispute concerning a question of fact arising under this cooperative agreement j
which i~s'not disposed of by mutual agreement shall be decided by the l
1 J
flRC-05-00-2 72 Page S of 6 Contracting Officer, who shall reduce his decision to writing and mail or otherwise furnish a copy thereof to the State.
The decision of the Contracting Officer shall be final and conclusive unless within 30 days from the date of receipt of such copy, the State mails or otherwise furnishes to the Contracting Officer a written appeal addressed to the Coc.ission.
The decision of the Commission or its duly authorized repre-sentative for the determination of such appeals shall be final and conclu-sive unless determined by a court of competent jurisdiction to have been fraudulent, or capricious, or arbitrary, or so grossly erroneous as neces-sarily to imply bad faith, or not supported by substantial evidence.
In connection with any appeal proceeding under this clause, the State shall be afforded an opportunity to be heard and to offer evidence in support of its appeal.
Pending final decision of a dispute hereunder, the State 3
shall proceed diligently with the performance of the cooperative agreement j
and in accordance with the Contracting Officer's decision.
B.
This " Disputes" clause does not preclude consideration of law questions in connection with decisions provided for in paragraph A. above:
Provided, That nothing in this cooperative agreenent shall be construed 4
as making final the decision of any administrative ' official, representa-i i
tive, or board on a question of law.
ARilCLE VII - AVAILABILITY OF DATA l
Any and all data collected, pursuant to this cooperative agreement by either party alone or jointly, shall be available in full to the other party.
All data collected by the State, pursuant to this cooperative agreement, shall be sent to the ilP.C Office of Inspection and Enforcemant, Region 1
- Office, 631 Park Avenue, King of Prussia, PA 19406, ATTri:
Chief, Fuel Facility and i<aterials Safety Branch.
To assure validity and accuracy of data released for publication, each party shall have thirty (30) days from receipt of data under the program to review l
such data for the purpose of verification, as appropriate, prior to release 1
to the public, unless otherwise required by law, or both parties agree to release.
ARTICLE VIII - PARTICIPAT10:1 BY OTHER GOVERTiMEliT AGEilCIES 4
The Commission shall have the right to request and accept the participation l
of other Fedcral Government agencies in the program and to keep other interested Federal agencies fully and currently informed of the activities undartalen under this cooperative agreement.
ARTICLE IX - EXAMIIATIO:i 0F RECORDS The State agrees that the Commission and the Comptroller General of the
- United States or any of his duly. authorized representatives shall, until j
the expiration of three (3) years after final payment' under this cooperative agreertent, have access to and the right to examine any directly pertinent backs, documents, papers, and records involving transactions related to I
this cooperative agreement.
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f4RC-05-80-272 Page 6 of 6 ARTICLE X - 0FFICIALS NOT TO BENEFIT fio renbar of or delegate to Congress, or resident commissioner, shall be 6dmitted to any share or part of this cooperative agreement, or to any j -
benefit that may arise therefrom; but this provision shall'not be construed to extend to this cooperative agreement if made with a corporation for its general benefit.
l ARTICLE XI - COVEllArlT AGAINST CONTINGEriT FEES l
The State warrants that no person or selling agency has been employed or retained to solicit or secure this cooperative agreement upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, j
excepting bona fide ecployees or bona fide established commercial or selling agencies caintained by the State for the purpose of securing business.
For breach or violation of this warranty the Federal Government shall have the right to annul this cooperative agreement without liability or in its discretion to deduct from the coeperative agreement price or consideration,,or otherwise recover the full amount of such commission, percentage, broke ige, or contin-gent fee.
t j
ARTICLE XII - CONVICT LABOR l
In connection with the perforrance of work under this cooperative agreement, l
the State agrees not to employ any person undergoing sentence of imprisonment
]
at hard labor.
ARTICLE XIII - fl0iiDISCRIMINATION The State agrees to comply with the Comm.ission's Regulation (Part 4 of Title 10, Chapter 1, Code of Federal Regulations), as amended, effectuating the provisions of Title VI of the Civil Rights Act of 1964 and Title IV of the Energy Reorganization Act of 1974, as amended.
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_ATT ACH"EtiT - A STATEMEriT OF UORK RADIATION "D'ilTORING PROGRA.'i REQUIREMENTS 1 I.
PURPOSE The purpose of this cooperative agreement is to establish a collaborative 2
program between the Commonwealth of Pennsylvania (hereinafter called the
" State") and the Commission to provide independent measurements 6f' radio-activity and-radiation levels in the environment around selected Commission licensed activities, and to provide reasonable assurance that a licensee's environmental measurements are valid.
II.
GENERAL REQUIREMENTS _
The Comaission an.d the State vill collaborate in impiccanting and conducting programs at individual sites within the _ State in accordance with the following general requirements:
I A.
The State, within a reasonable tir.e after the effective date of this cooperative agreemant, will take action to provide facilities, quali-fied persoinel and/or ag2ncies as may be necessary to accomplish the work described in this cooperative agreement.
The State thereafter.
will maintain for the period of this cooperative agreement, a sufficient level of effort to fulfill the objectives of the coopera-tive agreement.
J B.
Programs will be undertaken at the folicwing sites:
Babcock and Wilcox Apollo and Leechburg facilities Beaver Valley Nuclear Power Station Peach Bottom Atomic Power Station Three Mile Island Nuclear Station C.
Attachments 1, 2, and 3 show the overall sampling and analyses requirements for facilities. also gives the minimum detectable capabilities for the samples analyzed.
No on-site samples will be collected pursuant to the cooperative agreement i
unless specifically requested or approved by the Coumission.
III.
PROCEDURES FOR IMPLEMENTING AND CONDUCTING THE FROGRA"S A.
The _ Commission's Of fice of Inspection and Enforccment (IE) Technical Representative will provide technical liaison, as necessary, between the State and the licensee, in all matters relating to the program conducted pursuant to the cooperative agreement.
This liaison may be delegated to the NPC Region 11 Technical Represcntative for the particular NRC licensee involved.
2 I
B.
The State will make all necessary contacts and arrangements for collecting ser.ples in the off-site environment, e.g., obtaining access to priv.te property, assistance of State or local agencies, arranging with private firms for services, etc.
I C.
The State will make all necessary comacts and arrangements with tne licensee to split samples with the licensee, obtain duplicate samples and obtain licensee's data on the comparative samples.
D.
The Coanission will assist the State in selecting sampling locations, arranging for laboratory support, as necessary, spliting samples periodically, assisting State in obtaining licensee's comparative data, and consulting with the State on matters of mutual concern.
E.
The State will notify the l'RC Office of Inspection and Enforcement Region 1 Office by telephone (215/337-5217, FTS 488-1217 ) and written confirmation as soon as practicable after it becomes aware of any observed unusual condition, level of radiation, or concentrations of radioactive material measured in carrying out the programs at indi-vidual sites.
F.
The Comiission will make the necessary inspections, investigations and inquiries to ascertain the st stus of compliance by the licensees with license provisions, rules, orders and regulations of the Commission and to determine the safety of licensee operations; and will initiate enforccmant or oth2r regulatory action as appropriate.
Results of such inspections, investigations, or inquiries conducted in response to such notification shall be provided to the State.
IV.
rep 0RTIt'G A.
The State will provide the Commission with an annual report of all off-site analyses with comparisons of similar analyses by the respec-tive licensee within 120 days after January 1 of each year.
The report shall follow tR format of Attachment 3.
In the event that some results are not available within the 120-day period, the report shall be submitted noting and explaining the reasons for the missing results.
The missing data shall be sub.aitted as soon as possible in a supplementary report.
If samples are not available, data analysis is not expected.
Ho.;ever, a brief explanation as to why the sample was not prcvided is requested.
If samples or data are not available because of the reluctance of the licensee to provide them, the I;RC IE Regicnal Technical Representative should be notified as soon as possible. The annual report shall also include a summary of the State's epa crosschech program results for the past year.
B.
The Commission will arrange for the thely distribution of the reports within the Cor:nission and to tt.e licensee, and any other Federal, State or local agencies as may be necessary in r.:eeting the intent of the "llaticnal Environmental poiicy Act of 1969" (public Law 91-190, 83 Stat. 353, dated January 1,19/0) for keeping affected acencies inforred.
3 C.
The Commission will work with th'e State in making the program findings publicly available through special bulletins, press releases,
-and-publicatica in appropriate technical journals or periodicals, or otherwise, to ' assure prompt and wide distribution of the data at tainimum cost.
D.
The State will~ provide to the Commission on a' quarterly basis, a report covering NRC funds expended during the preceding quarter, a l
total expenditure of funds under this cooperative agreeraent, and a l
tabulation of Services Rendered by facility.
The format is shown in 4
This report shall be submitted to the Contracting Officer.
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ATTACllMENT i EllVIRONMENTAL RADIOLOGICAL VERIFICATION MONITORING PROGRAM AR00:iD tiUCLEAR POWER PLidiTS Exposure Pathway ilumber of Samples Sampling and Type oT Frequency and/or Sample and location Coilection Frequency of Analysis AIRBORi!E:
Particulates One sample from location of high Continuova operation of sampler Gross beta radioactivity calculated ground icvel concen-with sampio collection as required following Tilter chango tration and in close proximity by dust loading but at least once composi t.e for gama of licensee sampler.
per 7 days.
isotopic analysis quarter One sample from control location.
Radiciodine Same as particulates.
One sample per month.
Analyze for 1-131 WATERBOR!!E:
Surface One sample, split with licensee, Composite sample monthly.
Gan.ma isot.opic analysis from inmediate area of discharge, (or at nearest downstream drink-monthly and tritium ing water supply) and one sample quarterly.
at upstream control location.
IllGESTIO!!:
Milk One sample, split with licensee, Monthly.
Gamma isotopic and at the off-site-dairy farm or individual milk animal at the radiciodine analyses, location having highest X/Q.
Fish or Invertebrates One sample, split with licensee, Semiannually or in season.
Gan:na isotopic of edible of a commercially or recreation-ally important species in portions.
vicinity of discharge point.
.AilACihkbTi(Coat'd)
Exposure Pathway Number of Sc:aples Sa:npiing and Type ci Frcquency~
and/or Sample and Location Celiactica Frecuency o f lu. dy'.i; Food Products Two samples split with licensee.
At time of harvest.
Gamma isotepic on edible of principal food products grown portion.
itaJioiodine near point having the highest' X/Q or, from any a;et which is analysis on gecen leafy irrigated by water in which vegetable.
liquid plant wastes have been discharged oz green leafy vegetables at a private garden or farm in the immediate area of the plant.
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Sediment from Shoreline One sample split with licensee Annually.
Gamma isotopic analysis.
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ATTACllMEliT 2 DETECTI0ll CAPAaILITIES FOR EtiVIROlME? ITAL Sle:PLE N;ALYSES LGER LI'4IT OF DETECTIO:ia (LLD)
Airborne Particulate Fish, Gat Water or Gas or Pcultry Milk Food Products Sediment Analysis (pCi/1)'
(pCi/in3 '
(oCi/kg, wet)
_(nCi/1)
(pci/ko, wet)
_(pci/ko, dry) gross befa 2
0.01
- 311 330 54Mn 15 130 59Fe 30 2GO 58,60 o 15 130 C
65 n 30 2
260 952r-tio 10 131 1 0.4 7 x 10-2 1
60 134Cs, 137 s 15 1 x 10-2 130 15 60 150 C
140 a-La 15 B
15
- a..The nominal LLD is defined in !!ASL 300 (rev 8/74) pp D-03-01, 02, 03 at the 95% confidence level.
radionuclides analyzed by ganca spectrometry will vary according to the number of radionuclides encou The LLD for environmental samples.
tation and analytical procedure selection.These detection levels should be used as minimum criteria for objec The LLD is calculated to the end of the total sampling period, t
ATTAC!! MENT 3 i
Name of Facility (Location of Facility)
_(ReportingPeriod)
! tedium or Split or Location Pathway Sampled Duplicate Saiaple Name Distance & Direction Date State Results Licensee Results O
e G
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Jin. i, 1900 - Ma r. 3ii,.
..d ATTAC!!MEtti 4 Description of Services Rendered Facility Location
!!o. Samples Sample Type Analyses larforr.ed Beta Ganma i ri tiu:n 17 3 _1 tio. Analyses 18 Air Particulate 18 6
24 58 Radiciodine 58 SB 18 TLDs 18 6
Water 6
4 10 2
Sediment 2
2 2
Milk 2
2 4
0 Food Products 0
2 Fish 2
2 118 Man-hours expended:
Field Sampling...................... 351 hours0.00406 days <br />0.0975 hours <br />5.803571e-4 weeks <br />1.335555e-4 months <br /> Analytical Services................. 229 hou rs Quali ty Assurance...................
4 6 hours6.944444e-5 days <br />0.00167 hours <br />9.920635e-6 weeks <br />2.283e-6 months <br /> Admini stra tion...................... 127 hours0.00147 days <br />0.0353 hours <br />2.099868e-4 weeks <br />4.83235e-5 months <br /> 753