ML19339B160
| ML19339B160 | |
| Person / Time | |
|---|---|
| Site: | 02700039 |
| Issue date: | 11/03/1980 |
| From: | Dragonette K, Hawkins E, Shaffner J, Turi G NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | AMERICAN NUCLEAR SOCIETY |
| References | |
| NUDOCS 8011060388 | |
| Download: ML19339B160 (17) | |
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O 11/3/80 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD
.R In the Matter of
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Docket No. 27-39 N
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NRC STAFF'S ANSWERS TO INTERROGATnRIES FILED BY Q
-6 EE INTERVENOR, CHICAGO SECTION, AMERICAi. NUCLEAR SOCIETY In accordance with the Licensing Board's "Prehearing Conference Order and Order Setting Time for Discovery," dated September 9,1980, the NRC Staff herein files its answers to Interrogatories 1, 2, 3, 5, 6, 8, 11, 12, 13, 14, i
16,17,18 and 19 propounded to the Staff by the Chicago Section, American Nuclear Society.
Interrogatory No.1:
Identify by name, business address and telephone number every individual who has been consulted, given advice, corresponded, contributed %r otherwise been involved in the preparation of the NRC staff position on conditions for the termination of the operating license of Nuclear Engineering Company ("NEC0") for the low-level radio-active waste disposal site at Sheffield, Illinois.
1/8y a document entitled " Objections of the NRC Staff to Interrogatories Filed by Intervenor, Chicago Section, American Nuclear Society" dated October 20, 1980, the Staff objected to Interrogatories 4, 7, 9,10 and 15.
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Answer:
John B. Martin, Director 301-427-4069 Division of Waste Management NMSS, NRC, Washington, DC 20555 i
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Dale Smith, Chief 301-427-4433 Low-Level Waste Licensing Branch NRC Kitty S. Drag'>nette-301-427-4433 Low-Level Waste Licensing Branch, WM NRC Ross A. Scarano, Chief 301-427-4103 Uranium Recovery Licensing Branch,HM NRC Gale P. Turi 301-427-4433 Low-Level Waste Licensing Branch, W'i NRC j
Sandra Wastler 301-443-5981 l
Waste Management Standards Branch, SD, NRC Owen Thompson 301-492-8186 Hydrological and Geotechnical j
Eng'neering Branch, NRR, NRC i
Robert L. Foniser 301-492-8692 Office of the Executive Legal Director, NRC Edwin J. Reis 301-492-7505 Office of the Executive Legal Director, NRC 4
Michael J. Cell, Chief 301-427-4177 High Level Waste Technical Development Branch, WM, NRC Lyman W. Heller 301-492-8005 Hydrological and Geotechnical Engineering Branch, NRR, NRC William S. Bivins 301-492-8003 Hydrological and Geotechnical Engineering Branch, NRR, NRC i
t Jim Shaffner 301-427-4340 Low-Level Waste Licensing Branch, NRC Roy P. Lessy 401-492-7992 Office of the Executive Legal Director, NRC Ed Hawkins 301-427-4173 Low-Level Waste Licensing Branch, NRC
- l Interrocatory No. 2 Identify by title, author and publication (if any) every article, book, paper or other document which has been consulted or relied on in the pre-paration of the staff position on each condition proposed by the staff for the termination of NEC0's
.l license for the Sheffield site.
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Answer:
The primary specific references used were:
(1) USNRC, " Branch Position - Uranium Mill Tailings Management, Fuel Processing and Fabric tion Branch," May 13, 1977, and (2) Colorado State University, " Evaluation of Long-Term Stability of Uranium f
Mill Tailings Disposal Alternatives," April 1978.
J The conditions were developed for the most part based on the professional i
judgment of the Staff.
Staff experience in general and knowledge of the specific l
problems and conditions at Sheffield and other sites were used. The technical
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j staff most directly involved were:
I Kitty -Dragonette, Low-Level Waste Licensing Branch Gale P. Turi, Low-level Waste Licensing Branch Sandra Wastler, Waste Management Standards Branch Owen Thompson, Hydrological and Geotechnical Engineering Branch Interrogatory No. 3 List the location and custodian of every document identified in answer to Interrogatory 2.
Answer:
(1) Copy of Branch Position - Attachment A.
(2) Ross A. Scarano, NRC, Willste Building Interrogatory No. 5:
Name every person who may be called as a witness by the staff in any hearing or proceeding regarding the termination of NEC0's license for the Sheffield site.
Interrogatory No. 6:
Identify by name, business address and telephone number every person consulted or to be consulted by the staff as an expert, whether or not they may be called as a witness.
Answers to Interrogatory Nos. 5 and 6:
A list of names and addresses of people who may be called as witnesses by the C
Staff or may be consulted as experts by the Staff is included in the answer to Interrogatory No.1. Other persons may be identified as witnesses at a later time.
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Interrogatory No. 8:
Describe in detail each and every condition, if any, the staff may seek to have the Commission impose in 4
order to protect (a) the public health (b) the public safety, cn- (c) the environment, before the operator, NEC0 may quit the site, and designece for each condition identified, the specific risks to be protected against.
Answer:
Site Stabilization and Closure Conditions were submitted to the Atomic Safety and Licensing Board on July 17, 1980. The NRC Staff has not done a risk analy5is 4
i for the site closure conditions.
Interrogatory No.11:
Unless the answer to Interrogatory 10 is an unqualified affirmative, state every legal authority to be relied on in preparation of the answer to Interrogatory 10.
Answer:
The answer to Interrogatory No.11 is dependent upon the answer to Interrogatory No.10 which was objected to by the Staff.- -
Accordingly, the Staff will not answer Interrogatory No.11 unless it receives an adverse ruling on its objection.
Interrogatory No. 12:
Identify all active and closed low-level radioactive waste disposal sites in the United States.
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Answer:
There are six connercial low-level radioactive waste disposal sites in the United States..The sites at Beatty, Barnwell, South Carolina, and Hanford, l
Washington, are currently accepting wastes for disposal. The sites at Morhead, Kentucky (Maxey Flats), West Valley, New York, and Sheffield, Illinois, are no longer accepting waste.
None of the contercial low-level radioactive waste disposal sites have been closed and stabilized for the long term.
Interrogatory No.13:
For each site identified in Interrogatory 12, list every conditicn concerning the disposal of waste or closure of that site which has not been fully met at the Sheffield site.
Answer:
No study has been made of the conditions concerning the disposal of waste and site closure compared with conditions met at the Sheffield site.
Further, such a study is not considered to be very meaningful because of the differences in the sites.
Interrogatory No.14 For each condition imposed on closure of a site identified in Interrogatory 12, list all sources of information obtained by the staff concerning the cost of compliance thereunder, giving the location and the custodian (name, business address and telephone number) of such information.
Answer:
1 The only information that the NRC Staff has on the cost of compliance with closure conditions are cost estimates made by the following licensees in the referenced menos.
(1) Barnwell letter from D. G. Ebenhack to.utty Dragonette, dated 5/28/80, Docket No. 27-47.
(2) Hanford letter from Vincent P. de Poix to R. Dale Smith dated 8/20/80, Docket No. 27-48.
The custodian of these documents is the NRC Division of Waste Management, Low-Level Waste Management Licensing Branch.
Interrogatory No. 16:
Identify each and every person named in response to Interrogatory 15 with whom the staff have corresponded or discussed these proceedings.
4 Answer:
The answer to Interroga ory No.16 is dependent on the answer to Interrogatory No.15 which was objectoi to by the Staff. Accordingly, the Staff will not answer Interrogatory No.16 unless it receives an adverse ruling on its objection.
1 Interrogatory No.17:
List every note, letter, written communication or other
.I staff document relating to any person identified in Interrogatory 15 and Interrogatory 16.
4 The answer to Interrogatory No.17 is dependent on the answer to Interrogatory No.15 and Interrogatory No.16 which were objected to by the Staff. Accordingly, the Staff will not answer Interrogatory No.17.unless it receives an adverse ruling on its objections.
Interrogatory No.18:
State whether the natural geology of the Sheffield site necessitates any of the conditions sought to be imposed by the staff on NECO.
Answer:
Yes.
Interrogatory No.19:
Unless the answer to Interrogatory 18 is an unqualified I.
negative, identify any scientific reports, papers, books, articles or other documents by title, author, custodian and location relied upon to support such condition.
I Answer:
The conditions were developed for the most part based on the professional i
judgnent of the staff. Staff experience in general and knowled;e of the specific problems and conditions at Sheffield and other sites were used.
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. ATTACHMENT A
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UNITED STATES NUCLEAR REGULATORY COMiISSI.ON LTf : 3 577 ERANCH POSITION '- URANIUM MILL TAILINES MANAGE?iENT Uranium Recovery Licensing Branch
Background
A major expansion in the uranium industry is taking piace. Many times =cre uranium will be extracted in de upcoming decades than has been extracted so far. This requires that the NRC erazine very clcsely the past prebiem areas encountered in the uranium industry and make sure they are not cc= pounded on an even Targer" scale.
The first major portion of the industry within the ifcensing juris-diction of the NRC is uranium milling. The major prc6 Tem enccuntered in past milling operations is the manage =:ent of tailings generated by the milling procers. Although the concentration of radicactivity in the tailings is elatively 1cw, control measures are necessary because of the large g;antities involved and because of the 1cng half-life of
. the parent radicnuclides that are present.
The management of mill tailings has received increasing attention and interest in recent years from involved federal and ses'a agencies and frem enviren= ental conservatien smups. This interest has resulted frca studies carried out during the last decade which have indicated that uranium mili tailings, if not properly managed and controlled, could present a potential public health ha::ard. The most vivid exa=ple, of c::urse, is the situation that occurred in Grand Junction. The remedial acticns determined necessar/ to correct the misuse of tailings in the construction of hc.es, schools, and other public struct.:res are centinu-ing at substantial cost to the Federal Government and the State of Colorado.
In addition, final technical resolution and financial respo$sibility for the dispcsition of tailings at the 22 " inactive" sites being evalua*ad by ERDA will further increase public, state, and local as well as con-gressional concern with preventien of similar proble=s in the future.
It is incumbent on NRC and the uranium industry to assure that current and future licensed milling operations do not result in similar situatiens.
Towards this end, the NRC staff has developed performance objectives for an acceptable tailings manage ent program based en the most up-to-date technology available today.
Pesition r
The staff is of the opinica that an acceptable tailings canage=ent program will vary depending on site or region specific parameters, such as geology, hydroicgy, and meteorology. Viable metheds of tailings _
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managenent for a specific m'ill. location may include classic impoundment behind a dam, deep mine burial, open pit mine burial, specially excavated pit burial, or even elimination of radioactive waste by precess variations.
Co'nsidering the many varfables involved, the staff will use the following perfore:ance objectives to deternine the adequacy of proposed site specific tailings management progra=s.
Siting and ' Design l.
Locate the tailings isolation ana remote fr=w pecple such that population exposures would be reduced ts the maximum extent reasonably achievable.
2.
Locate the tailings isolation area such that disruption and dispersion by natural forces is eliminated or reduced to the maximum extent reasonably achievable.
3.
Design the isolatien area such that seepage of toxic materials into the groundwater system wuld be eliminated er reduced to the maximum extent reasonably achievable.
_During Oeeraticris 1
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Diminate the blowing of tailings to unrestricted areas during nero:al operating conditions.
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Reduce direct garrna radiation from the impcuncment area to essentially background.
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Reduce the radon emanation rate from the inocundment aren-to about twice the emanation rate in the surrounding environs:
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Diminate the need for an ongoing monitoring and maintenance program following successful reclamation.
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Provide surety arrangecents to assure that sufficient funds are available to complete the full reclamtiers plan.
Icole::entation All objectives will be considered and satisfied during the review of preposed tailings management programs for new mi1 Ting operations.
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3-Current licensees' tailings management programs vill ~be reviewed to determine the best way to apply objectiYes 4 through 8 to t;.e extent practicable.
During the coune of license renew 1 reviews, the locations of existihg tailings areas will be reviewd considering objectives 1 through 3 to determine if sufficient cause exists to require an alter-nate disposal location for tailings generated by future milling operations and the relocation of existing tailings at the time of mill dece:xtissioning.
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C'i!TED alsTES OF AMERICA NUCLEAP. REGULATORY C0FJ'ISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD i
In tbs Matter of
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NUCLEAR ENGINEERING COMPA*Y,'INC.
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Docket No. 27-39
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(Sneffield, Illinois Low-Le;El
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Radioactive Waste Disposal Site)
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AFFIDAVIT OF GALE P. TURI Now comes Gale P. Turi and being duly sworn, deposes and says as follows:
1.
I' am employed by the U.S. Nuclear Regulatory Coninission as a Hydrologist, Site Suitability and Design Section, Low-Level Waste Licensing Branch.
2.
I am duly authorized to answer interrogatories 8,12,13,14,16,17,18 and 19.
I hereby certify that the answers given are true and correct to the best of my knowledge.
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Gale P. Turi 1
i Subscribed and sworn to before me this V day of oTem,1980.
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.Notar# Public i
l My Commission Expires:(% A 3.39ya t) r i'
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In 7.ha Matter of
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NUCLEAR ENGINEERING COMPANY, INC.
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Docket No. 27-39
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(Sheffield, Illinois Low-Level
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Radioactive Waste Disposal Site)
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AFFIDAVIT OF JIM SHAFFNER Now comes Jim Shaffner and being duly sworn, deposes and says as follows:
l.
I am employed by the U.S. Nuclear Regulatory Commission as a Project Manager, Project Management and Operations Section, Low-Level Waste Licensing Branch.
2.
I am duly authorized to answer interrogatories 5 and 6 and I hereby certify that the answers given are true and correct to the best of my 4
knowledge.
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Jim Spaf#er g/
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Subscribed and sworn to before me
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this Jf day of o@s, 1980.
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Qvh m b dk w Notarf Public My Comission expires: LL, us74
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UNIT' STATES OF AMERICA NUCLEAR REGULATORY C0W11SSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
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NUCLEAR ENGINEERING COMPA';Y, It.C.
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Docket No. 27-39 (Shefficid, Illinois Low-Level Radioactive Waste Disposal Site)
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AFFIDAVIT OF KITTY S. DRAG 0NETTE Now comes Kitty S. Dragonette and being duly sworn, deposes and says as follows:
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I am employed by the U.S. Nuclear Regulatory Commission as a Section Leader, Project Management and Operations Section, Low-Level Waste Licensing Branch.
2.
I am duly authorized to answer interrogatories 1, 2 and 3.
I hereby certify that the answers given are true and correct to the best of my knowledge.
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bunadC Kitp S. Dragonhtte Subscribed and sworn to befora me this J/4 day of(c&,1980.
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My Commission Expires: k 3 m n 6 d i
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i UNITED STATES OF TMERICA NUCLEAR REGULATORY COMMISSION 4
ZEFORE THE ATOMIC SAFE 1Y AND LICENSING BOARD
.s In the Matter of
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NUCLEAR ENGINEERING COMPANY, INC.
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Docket No. 27-39
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(Sheffield, Illinois Low-Level
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Radioactive Waste Disposal Site)
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AFFIDAVIT OF EDWARD HAWKINS Now come.- Edward Hawkins and being duly sworn, deposes and says a; follows:
1.
I am employed by the U.S. Nuclear Regulatory Commission as a Section Leader, Site Suitability and Design Section, Low-Level Waste Licen:ing Branch.
2.
I am duly authorized to answer interrogatories 5 and 6, and I hereby certify that the answers given are true and correct to the best of my knowledge.
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~ litki,.x, Edward Hawkins
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Subscribed and sworn to before me this 3t day of t,e m, 1980.
\\!Ju b S N N5tarf Public My Commission expires:(t r t vtg.q.,
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I UNI 1ED STATES OF AMERICA NULLEAR REGULATORY COMMISSION i
BEF)RE THE ATOMIC SAFETY Ai!D LICENSING BOARD i
In the Matter of NUCLEAR ENGINEERING COMPANY, INC.
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Docket No. 27-39
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(Sheffield, Illinois Low-Level
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Radioactive Waste Disposal Site)
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CERTIFICATE OF J RVICE I hereby certify that copies of "NRC STAFF'S ANSWERS TO INTERROGATORIES FILED BY INTERVENOR, CHICAG0 SECTION, AMERICAN NUCLEAR SOCIETY" and Affidavits of Gale P. Turi, Jim Shaffner, Kitty S. Dragonette and Edward Hawkins, in the above-captioned proceeding have been served on the following by deposit in t'
- lnited States mail, first class, or as indicated by an asterisk by deposit
.a the Nuclear Regulatory Commission internal mail system, this 3rd day of November,1980:
1 Andrew C. Goodhope, Esq.
Cornelius J. Hollerich, Esq.
3320 Estelle Terrace State's Attorney Wheaton, K* ryland 20906 Bureau County Court House Princeton, Illinois 61356 i
Dr. Linda W. Little 5990 Hermitage Dri.ve Susan N. Sekuler, Esq.
Raleigh, NC 27512 Mary Jo 'turray, Esq.
State of Illinois Environmental Control Divi fon Dr. Forrest J. Remick 188 !!est Randolph Street 305 E. Hamilton Avenue Suite 2315 State College, Pennsylvania 16801 Chicago, Illinois 60601 Scott Madson, Esq.
John M. Cannon, Esq.
Assistant State's Attorney Mid-America Legal Foundation 4
601 South Main Street Suite 2245 i
Princeton, Illinois 61356 20 North Wacker Drive Chicago, Illi.iois 60606 D. J. McRae, Esq.
217 West Second Street Kewaunee, Illinois 61443
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Atomic Safety and Licensing Docketing and Service Section*
Board Panel
- Office of the Secretary U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission i
Washington, D. C.
20555 Washington, D. C.
20555 i
Atomic Safety and Licensing Troy B. Conner, Jr., Esq.
Appeal Panel
- Mark J. Wetterhahn, Esq.
U.S. Nuclear Regulatory Commission Conner, Moore & Corber Washington, D. C.
20555 1747 Pennsylvania Avenue, N.W.
Suite 1050 Robert Russell, Esq.
1.'ashington, D. C.
20006 Johns n, Martin & Russell 10 Park Avenue West Mr. Charles F. Eason Princeton, Illinois 61356 Nuclear Engineering Company Director for Govci nc.ait Affairs Admiral Vincent T. de Poix 1100 17th Street, N.W.
Chaiman of the Board Suite 1000 for Nuclear Engineering Co.
Washington, D.C.
20T6 P.O. Box 7246 Louisville, KY 40207 q1 J
G ncy) 5 El2 %
Henrf). McGurren Counsel for NRC Staff 4
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