ML19332A394

Responds to NRC 800626 Ltr Re Program for Insp & Evaluation of Facilities for Storage of High Level Liquid Radwaste. Advised Plant That Failure to Repair pan-leak Constitutes Default of Obligations Under General Agreement

ML19332A394
Person / Time
Site:	West Valley Demonstration Project
Issue date:	07/10/1980
From:	Larocca J NEW YORK, STATE OF
To:	Dircks W NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
Shared Package
ML19332A391	List: ML19332A390 ML19332A394
References
NUDOCS 8009110692
Download: ML19332A394 (2)

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New York State

- Energy Research and Development Authority Rockefeller Plaza e Albany, New Yor k 12223 (518)465-6251 s

July 10, 1980 William J. Dircks, Director Office of Nuclear Materials Safety and Safeguards United States Nuclear Regulatory Commission Washington, D. C. 20555 Re: Docket No. 50-201

Dear Mr. Dircks:

We have carefully reviewed and considered your letter of June 26, 1980 concerning the Nuclear Regulatory Commission ("NRC") program for inspection and evaluation of facilities for the storage of high-level liquid nuclear wastes at the Western New York Nuclear Service Center

("Conter") in West Valley, New York. You -3n be assured

' of our enthusiastic support and full coope.dtion to achieve the expeditous completion of the program.

More than two years ago the NRC-commissioned report entitled " Safety Related Information Available on NFS Waste Tanks" recommended that certain studies be under-taken to determine the safety, integrity and condition of the liquid high-level waste storage facilities at the Center. In November 1978, NRC requested that Rockwell l

International ("Rockwell") prepare a proposal and plan to inspect the liquid high-level waste storage tanks at the Center. Further, NRC requested that Nuclear Fuel Services, Inc. ("NFS"), the licensed operator of the Center, eval-l l

uate and test certain components of the high-level waste storage system. When NFS performed these tests it was discovered that instruments, piping and other elements of the waste storage system were defective. As you note in your June 26 letter, most importantly, NFS discover 9d that there is a leak in the pan designed to contain any aigh-level radioactive wastes which might leak frun one of the 8000110[%g

f, \,s.

waste tanks. Upon learning of these tests results, we advised NFS that, under the agreements between us con-cerning operation of the Center, it was obligated to promptly repair and correct each defect in the waste storage system, including the pan-leuk! Although NFS has taken certain corrective action it has failed to repair the pan-leak. As a result, we have advised NFS that it is in default of its obligations under our agreements.

We too are concerned with the condition of the facilities for storage of high-level liquid nuclear wastes at the Center. Our concern has been heightened by the fact that NFS's inquiry into such condition resulted in finding numerous defects. Since one of the barriers to the release to the environment of high-level radioactive wastes from the waste tanks at the Center has been breached, it is critical that the integrity of the remaining barriers

-- the tank itself and the concrete vault -- be affirma-tively established.

You should be aware that, under the provisions of our Lease with NFS, it has the " exclusive use and oc-cupancy" of the portion of the Center devoted to the -

storage of high-level liquid nuclear wastes. Accordingly, while we wish to be supportive and helpful, we do not have the power to authorize Rockwell to perform its evaluation of the waste tank system. Under the Lease, such power rests solely with NFS. Under the terms of our agreemente, NFS is, however, required to comply with the directions and requirements of all governmental authorities. There-fore, we support NRC efforts to direct NFS to allow the expeditous evaluation of the waste storage facilities at the Center without the imposition of onerous and unrea-sonable conditions designed to obstruct such evaluation.

I understand that a meeting among representa-tives of NRC, NFS and this Authority will be held on July 17, 1980 to discuss this matter. As noted above, you can be assured of our full cooperation and support.

Very truly yours, m L . Lee %_

Ja es L. Larocca e,

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