ML19320B667

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Requests Info Re Future Licensing & Operation of Facility. Requests Reply within 30 Days
ML19320B667
Person / Time
Site: West Valley Demonstration Project
Issue date: 06/05/1980
From: Cunningham R
NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
To: Deuster R
NUCLEAR FUEL SERVICES, INC.
References
NUDOCS 8007140580
Download: ML19320B667 (6)


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WASHINGTON, D. C. 20555 p$

JUN 5 1380 Docket No. 50-201 l

Nuclear Fuel Services, Inc.

l ATTN: Mr. Ralph W. Deuster, President i'

6000 Executive Boulevard, Suite 600 Rockville, M) 20852 Gentlemen:

This letter is in reference to your responsibilities as a co-licensee under your facility license (CSF-1) for the Western New York Nuclear Service Center Facility in West Valley, New York. Based on information provided to us, the initial term of your agreements with the.New York State Energy Research and Development Authority (the Authority) will end on December 31, 1980. Our correspondence with you since your announcement on September 22, 1976 of your withdrawal from consnercial reprocessing has failed to indicate either your intention or those of your co-licensee with respect to the future of the facility. In addition, we have not been informed of your plans for submitting appropriate applications for amendnents to your license i

as had been stated in your letter of September 22, 1976 from R. W. Deuster i

to K. R. Chapman of the Nuclear Regulatory Cemission (NRC).

Neither the NRC nor its predecessor, the Atomic Energy Conmission (AEC),

is or was a party to the " Lease," the " Facilities Contract," or the "Wasta Storage Agreement," which were entered into by Nuclear Fuel Services, Inc.

(NFS) and the Authority's predecessor on May 15, 1963. The requirements of your facility license are independent of and in addition to any of the various contractual provisions and obligations that exist between yourselves and the Authority. As you are aware, should you desire to transfer the license to another prospective site operator a license transfer application must be submitted in accordance with the provisions of 10 CFR 50.80. ~We are very interested in your future plans and intentions. Specifically, we request that you respond to the questions listed below:

1.

Do you and the Authority plan to renew the lease? If so, what term and what facility status do you propose during any such lease renewal period?

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Nuclear Fuel Services, Inc. JUN 5 1980 2.

Have you identified or obtained a possible replacement site operator? If so, when do you intend to submit a license transfer application under 10 CFR 50.807 The NRC staff requires this information, if and when it is available, to plan for the staffing and budgetary requirements needed to support an efficient acceptance and review of such an application.

We recognize the major potential impact on the future of the facility that is beginning to be generated by the Department of Energy %

(DOE) West Valley high level waste imobilization project. As you know, there are various legislative proposals awaiting full consideration and decision by the Congress that will give the DOE sufficient authority and resources to continue and complete this most inportant project.

Although many of the details associated with the waste imobilization project are still being fornulated, it appears likely that some ancillary portions of the facility may not be used in support of the imobilization project. These ancillary portions could include.the interceptor and lagoons, the low level waste treatment plant and the fuel receipt and storage rea. As the details of DOE's waste imobiliza-tion project become clearer, the NRC staff intends to ask detailed questions on your plans for the decomissioning and disposition of any such ancillary portions of the facility.

The staff considers the plans for the future of the West Valley facility to be a joint responsibility of both NFS and the Authority.

For your information we have enclosed a copy of a similar letter request being sent to your co-licensee. Because of the inportance of this matter, we are also sending copies of these letters to Mr. Sidney R. Peterson, Chainnan of the Board of the Getty 011 Company, and the Honorable Hugh T. Carey, Governor of the State of New York.

Over three and one-half years have elapsed since the onset of consulta-tions with your co-licensees that was mentioned in your letter of September 22, 1976. We recognize that in the intervening period, various organizations have tried to answer the broad range of questions that need to be answered before complete decisions on the future disposition e

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Nuclear Fuel Services, Inc. JUN 5 E00 of the West Valley site can be made.

In taite of the unavailability of all necessary answers to these questior:s, we must begin to address the answerable questiens now and begin to plan the site's future without further delay. Therefore, we request that you respona to the questions contained in this letter within thirty days.

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As has been our long standing practice, we would be pleased to meet

~ l with both you and your co-licenseo to discuss these matters at any time.

- 1 Sincerely, t

Richard E. Cunningh'am, Director Division of Fuel Cycle and Material Safety Office of Nuclear Material Safety and Safeguards

Enclosure:

Letter to NYSERDA cc: Governor Hugh T. Carey Sidney R. Petersen, Getty 011 Co.

James L. Larocca 9

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.e Distribution:

Docket File DCS PPsomas NMSS R/F ERegnier FCAF R/F DSwanson RM 50-6 JGray PDR STrubatch 0GC LPDR RFBurnett WJDircks JPartlow JGDavis JMcCorkle l

RECunningham RRentschler i

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LCRouse DOE--WBateman MBell SMeyers RDSmith G0ertel JMalaro DMcGoff Streby JTuri RBlack Mary Ann Richardson HCrocker, IE:I Distribution List GHBidinger, IE TElsasser, SP, R-I KAbraham, R-1 JRoth, R-I DSwanson Econti RMBernero GDCalkins EMcCarthy, SP JDavis, RES EHeld, RES PReed, RES Fingram, PA SKent, OCA CJHaughney ATClark JShafer e

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NUCLEAR FUEL SERVICES, INC.

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WEST VALLEY, NEW YORK DISTRIBUTION LIST

ichard Lester
csea'ch Associates Dr. Robert Fakundiny John Henry Schlegel, Esq.

r N.Y. State Geological Survey 32 South Drive 1133 Avenue of the Americas Rm. 973, State Education Buffalo, N.Y.

14226 New York, N. Y. 10036 Building Annex Albany, N.Y.

12234 Mr. Sherwood Davies Mr. Edward Wagoner T. B. Hindman Citizens' Energy Council of

[ureau of Radiological Health High Level Waste Project Western New York

.ow:;r Building Office Empire State Plaza P. O. Box 312 Savannah River Operations Wilson, N. Y.

14172 Albany, New York 12237 Office

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i P.O. Box A County Clerk Aiken, SC 29801

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303 Court Street Cattaraugus County C. J. Clementi, Esq.

Little Valley, N.Y.14755 Special Counsel N.Y. State Energy Research

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and Development Authority Sup:rvisor, Town of Ashford Rockefeller-Plaza.

Dr. Marvin Resnikoff, Chmn.

Agency Building 2 835 Depot Street Energy Task Force Albany, N. Y.

12223 U:st Valley, N.Y.14171 Sierra Club, Niagara Group Box 64, Station G

__ Buffalo, N.Y.

14213 Mr. David Berick Cirector, Technical Develop-Natural Resources Defense Co.

Environmental Policy Center ment Programs 917 15th Street, N.W.

317 Pennsylvania Avenue, S.E.

State of New York Energy Washington, D. C.

20005 Washington, D. C. 20003 Office Ag:ncy Building 2 E,oire State Plaza Albany, New York 12223 ocan Loring, Esq.

William E. Straub, Esq.

Assistant County Attorney First Asst. County Atty.

County of Erie County of Erie 25 Delaware Avenue 25 Delaware Avenue s

Buffalo, N. Y.

14202 Buffalo, N.Y.

14202 Robert Abrams, Esq.

Mr. Ross Scott N.Y. State Department of Attorney General of the 102 Heath Street Environmental Conservation State of New York Buffalo, N.Y.

' ATTN: Director ATTN: Richard G. Berger Cffice of Environmental Deputy Asst. Attorney Analysis General Albany, N.Y.

12201 Two World Trade Center Butzel & Kass New York, N. Y.

10047 45 Rockefeller Plaza New York, N.Y.

10020 The Honorable Stanley N. Lundine U.S. House of Representa.tives

..S. Environmental Protection ATTN: Mary Ann Richardson The Honorable-William,.,n,oyt o

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IS Ccordinator gis tive Comission on Science and Technology 5"ien II Office

,.c State of New York Federal Plaza J. Richardsen Lippert, II, Esq.

6 York, N.Y.

10007 18 Scata Main Street 13th Floor, Agency Building t, Franklinville, N.Y.

14737 Assembly P. O. Box 167 Albany, N.Y.

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NUCLEAR FUEL SERVICES, INC.

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WEST VALLEY, NEW YORK DISTRIBUTION LIST Maurice Axelrad Esq.

Lowenstein, Newman, Reis,

& Axelrad 1025 Connecticut Ave., N.W.

Washington, DC 20036

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Mr. Neil J. Newman Nuclear Fuel Services 6000 Executive Blvd.

Rockville, MD 20852 Dr. Charles Luner Arginne National Laboratory

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9700 South Cass Avenue Argonne, IL 60439 Carol Mongerson 10734 Sharp Street East Concord, NY 14055 Mr. David McGoff Chicf. Projects Branch Division of Waste Management Department of Energy Germantown, MD MS B-107 o

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