ML19330C156
| ML19330C156 | |
| Person / Time | |
|---|---|
| Issue date: | 07/28/1980 |
| From: | Morton K, Novick L NRC OFFICE OF ADMINISTRATION (ADM), VERMONT, STATE OF |
| To: | |
| Shared Package | |
| ML19330C152 | List: |
| References | |
| CON-FIN-B-1253, CON-NRC-05-80-257, CON-NRC-5-80-257 NUDOCS 8008080017 | |
| Download: ML19330C156 (9) | |
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Washington, D.C.
20555
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Department of Health Net rs,ne<. <in.
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Administration Building i o. Su n-1 iNvoict5 u ure,. seau e,6,ey
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10 Baldwin Street Montpelier, VI 05602 ii. sme roixAns con cooel j
. 2. rAyutNr witt se y Ace av Coorl U. S. Nuclear Regulatory Cormission U. S. Nuclear Regulatory Commission Office of the Controller Office of Inspection and Enforcement ATTN:
Director, Division of a,ccounting ATTN:
Lawrence K. Cohen Washingtone D.C.
20555
-WasMn9 ton, D.C.
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SUPPtitS / 5E RVICES Q U A NTITY UNif UNif PflC{
AMCUNT COOPERATIVE AGREEMENT:
ENVIRONMENTAL MONITORING PROGRAM WITH THE STATE OF VERMONT e
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total AyouNT or ccNinACT s3,300.00 CONTRACTING OFFICER irILL COMPLETE BLOCK 22 OR 26 AS APPLICABLE n
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- 29. DATE Sf.ePetD JUL 2 B 1980
]UL 2 1 ;980 Kellogg v. Morton Lloyd Fe Novick, M.D.
ommissioner
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..l C0iiTEf4TS OF COOPERATIVE AGREEMENT flRC-05 257 1.
Cover Page 2.
. Contents of Cooperative Agrcement Pages 3.
Special Provisions ARTICLE I DEFINITIONS SCOPE OF WORK ARTICLE II PERIOD OF PERFOR!!ANCE ARTICLE III ARTICLE IV-DIVISION OF RESPONSIBILITY ARTICLE V CONSIDERATION AND PAYMENT ARTICLE VI DISPUTES ARTICLE VII AVAILABILITY OF DATA ARTICLE VIII - PARTICIPATI0ft 0F OTHER GOVERNMENT AGENCIES ARTICLE IX EXAMINATION OF RECORDS i
ARTICLE X 0FFICIALS fl0T TO BEllEFIT ARTICLE XI COVEflANT AGAIllST C0fiTINGENT FEES C0ilVICT LABOR ARTICLE-XII ARTICLE XIII - NONDISCRIMINATION ATTACHMENT A - STATEMENT OF WORK
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NRC-05-80-257 Page 3 of 6 ARTICLE I - DEFINITIONS A.
The term " Commission" means the United States Huclear Regulatory Comission or any duly authorized representative thereof, including the Contracting Officer, except for the purpose of deciding an appeal under the article entitled " Disputes."
8.
The term " Contracting Officer" means the person executing this coopera-1 tive agreement 'on behalf of the Government and includes his successors 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 The State and the'.Comission shall engage 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.
principal objective of the program is to independently monitor direct The.iation levels in the environs of nuclear facilities.
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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 hereof.
ARTICLE III - PERIOD OF PERFORMANCE A.
The period of performance hereunder shall comence on January 1,1980, and shall continue through December 31, 1982, unless sooner terminated or extended, as hereinafter provided.
B.
The State and the Cor:nission, by mutual agreement, may extend the period of performance through the execution of supplemental agreements to this cooperative agreement.
C.
Either party may terminate this cooperative agreement, in whole or in
- part, upon sixty (60) days written notice to the other party.
If this cooperative agreement is so tenninated, the Comission shall be liable only for payment in accordance with the consideration and payment provi-
..sions of this cooperative agreement 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 Comission, the State will conduct off-site activities which shall' consist of deploying and retrieving thermoluminescent dosimeters (TLDs) and returning them to the NRC as specified in Attachment A.
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NRC-05 257 Page 4 of 6 I
The Comission will participate with the State in developing schedules, procedures, reading dosimeters and preparing and submitting a report cove B.
' the results of the program.
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eports in a format
.The State will prepare and submit to the Comm ss on r
'and time sequence as specified in Attachment A.
C.
ARTICLE V - C0flSIDERATION AND PAYMENT A.
Consideration The Comission will provide funds, subject to the availability of 3,300.00 during the appropriation, to the State in the amount of $The rate of payment to the 1.
three (3) year period of performance.
State will be as follows:
CY 1980 - $ 1,000.00 per site, per year / TLD program CY 1981 - $ 1,100.00 per siti, per year /TLD program l
CY.1982 - 51,200.00per site, per year /TLD program The Sta'te will contribute, as a minimum, an amount or in kind services equal to the Comission's enntribution in 1. above.
2.
The amount presently obligated by the Commission with respect to 5 1,000.00 this cooperative agreement for the CY 1980 effort is i
3.
B.
Payment The Commission shall render payment to the S 1.
vouchers.
The ' State should address the. original voucher with four copies
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- U. S. Nuclear Regulatory Commission Office of the Controller Director, Division of Accounting ATTN:
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Vashington, D.C.
20555
. ARTICLE VI - 0ISPUTES concerning a question of fact arising under this co LA.
which is not disposed of by mutual agreement sha11 be' decided by the i.
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Page 5 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.0fficer a written appeal addressed to the Comission.
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 shall proceed diligently with the performance of the cooperative agreement and in accordance with the Contracting Officer's decision.
- 8.
~ 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 agreement shall be construed as making finaliths decision of any administrative official, representa-tive, or board on a question of law.
ARTICLE VII - AVAILABILITY OF DATA 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 ag,eement, shall be
. sent.to' the HP.C.0ffice of Inspection and Enforcement, Region I Office, 631 Park Avenue, King of Prussia, PA 19406
', ATTN:
Chief, Fuel Facility and Materials safety. Branch.
To ' assure validity (and accuracy of data released for publication, each pa shall.have thirty such data for. the purpose of verification, as appropriate, prior to release
. to the public, unless otherwise required by law, or both parties agree to release.
ARTICLE VIII:- PARTICIPATION BY OTHER GOVERNMENT AGENCIES The Commission. shall have the right to request and accept the participation
'of *other Federal Gcvernment agencies in the program and to keep other.
interested Federal agencies fully and currently informed of the activities undertaken.under. this cooperative agreement.
-ARTICLE IX - EXAMINATION OF RECORDS
- The State agrees dhat the Commission-and the Comptroller General of the United States or any of his duly authorized representatives shall, until the expiration of three (3) years after-final payment under this cooperative agreement, have access to and the right to examine any directly pertinent
' books, documents, papers, and records involving' transactions related to
'this cooperative. agreement.
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- F ARTICLE X - 0FFICIALS NOT TO BENEFIT No' member of or delegate to Congress; or resident commissioner, shall be admitted -to any share ~or part ~ of this cooperative agreement, or to any 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.
ARTICLE XI - COVENANT AGAINST CONTINGENT FEES,
~
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, excepting bona fide employees or bona fide established commercial or selling agencies maintained 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 cooperative agreement price or consideration, or otherwise recover.the full amount of such coamission, percentage, brokerage, or contin-gent fee.
ARTICLE XII - CONVICT LABOR In connection with the performance of work under this cooperative agreement, 4
- the State agrees not to employ any person undergoing sentence of. imprisonment at hard labor.
f ARTICLE XIII - NONDISCRIMINATION The State agrees to comply with the Commission's Regulation (Part 4 of Title 10, Chapter 1, Code of Federal Regulations), as amended, effectuating the provisions-of Title VI of the Ci',il Rights Act of 1964 and Title IV of the Energy Reorganization Act of 1974, as amended.
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ATTACiiMENT A-STATEMENT OF WORK RADIATION MONITORIfiG PROGRAM REQUIREMEtlTS I.
PURPOSE The purpose of this cooperative agreement'is to establish a collaborative program between the State of Vermont (hereinafter called the " State")
and the Comission ~ to provide independent measurements of radiation levels
-in the environment around selected Commission licensed activities, and to provide reasonable assurance that a licensee's TLD derived direct radiation measurerants are valid.
II.
GEt:ERAL REQUIREMENTS _
The Commission and the State will collaborate in implementing and conducting progra'ms at individual sites within the State in accordance with the following general requirements:
A.
The. State, within a reasonable time after the effective date of this cooperative agreement, will take action to provide facilities, quali-fied personnel and/or agencies as may be necessary to accomplish the work described in th!s cooperative agreement.
The State thereafter will maintain for the period of this cooperative agreement, a sufficient icvel of effort to fulfill the objectives of the coopera-tive agreement.
B.
Programs will be undertaken at the folicwing sites:
Vermont Yankee Generating Station C.
No on-site samples will be collected pursuant to the cooperative agreement unless. specifically requested or approved by the Commission.
III.
PROCEDURES FOR IMPLEMENTIllG AfiD C0iiDUCTING THE PROGRAMS -
A.
The Commission's Office of Inspection an' t iorcement (IE) Technical Representative will provide technical li. !wi, as necessary, between the State and the licensee, in all r.u +r w
$7ating to the program conducted pursuant to the cooperativ, agr m.ent.
This liaison may be' delegated to the NRC Region I Technical Representative for the particular NRC licensee involved.
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2 B.
.The State will make all necessary contacts and arrangements for collecting samples in the off-site environment, e.g., obtaining
' access-to private property, assistance of State or local agencies, arranging with private firms for services, etc.
C.
The Comission will assist the State-in selecting sampling locations.
- arranging for laboratory support, as necessary, and consulting with the State on matters of mutual concern.
D.
The State _will exchange TtDs at stations established jointly by the 'Comission and the State on a frequency of 92 i 7 days stacting on January :1,1980.
The interval between exchanges shall not be smaller than 80 days nor larger than 100 days.
-During an exchange, the State will replace TLDs currently in the field with annealled TLDs supplied by flRC Region I office.
Intransit control _ TLD will be placed in lead cask upon arrival at State's point of dispatch.
Exposed TLDs will be shipped back to f1RC Region I as soon as possible by-conveyance agreed upon by the Comission and 5 tate.
E.
The State will notify the fiRC Office of Inspection and Enforcement Region I Office by telephone ( 215/337-5217, FTS 488-1217 ) and ' written confimation as soon as practicable after it becomes aware of ~any observed unusual condition, level of radiation, or concentrations of radioactive materia 1 measured in carrying out the programs at indi-vidual siter.
4 Thr: Comission will-make the necessary inspections, investigations.
F.
ano inquiries to ascertain the status of compliance by the licensee (s) with. license provisions, rules, orders, and regulations of the Comission and to determine the safety of licensee operations; and
-Will initiate enforcement or other regulatory action as appropriate.
Results of such inspections, investigations, or inquiries ~ conducted in response to such notification shall be provided to the State.
h - _ _ _IV. ~ REPORTIllG
-. ~. -.... - _.-
The Comission will arrange for the timely distribution of the A.
-reports within the Comission and to the licensee, and any other Federal, State or local agencies as may be necessary in meeting the intent of the _"flational Environmental Policy Act of 1969" (Public Law 91-190, 83 Stat. 853, dated January 1,1970) for keeping affected a'gencies informed.
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3 The Comnission will work with the State in making the program B.
findings publicly available through special bulletins, press releases, and publication _in appropriate technical-journals or periodicals, or
. otherwise, to assure prompt and wide distribution of the data at minimum cost.
- C. 'The State will provide to the Commission on a quarterly basis, a report covering NRC funds expended during the preceding quarter, a total-expenditure of funds under this c? operative agreement, and a This report shall be tabulation of Services Rendered by facility.
submitted to the Contracting Officer.
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