ML19344E393
| ML19344E393 | |
| Person / Time | |
|---|---|
| Issue date: | 01/08/1980 |
| From: | Fowinkle E, Morton K NRC OFFICE OF ADMINISTRATION (ADM), TENNESSEE, STATE OF |
| To: | |
| Shared Package | |
| ML19344E391 | List: |
| References | |
| CON-FIN-B-5208, CON-NRC-05-80-281, CON-NRC-5-80-281 NUDOCS 8008280513 | |
| Download: ML19344E393 (15) | |
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COOPERATIVE AGREEMENT:
EliVIRONMENTAL MONITORING PROGrW1 ' LITH THE STATE OF TENNESSEE t
torit. ec.4r er cc~nac: s81.300.00 CONTR 4CTihG '2FFICER 3 ILL CO.\\tPLETE SLOCK n OR :G.45.4PPUC.4BLE r e. *. *.*
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NRC-05-80-281 Page 2 of 6 CONTEfiTS OF COOPERATIVE AGREEMENT NRC-05-30-231 1.
Cover Page 2.
Contents of Cooperative Agreement Pages 3.
Special Provisions ARTICLE I
- DEFINITIONS ARTICLE II
- SCOPE OF WORK ARTICLE III
- PERIOD OF PERFORMANCE ARTICLE IV
- DIVISION OF RESPONSIBILITY ARTICLE V
- C0flSIDERAT!0N AND PAYMENT ARTICLE VI
- DISPUTES ARTICLE VII
- AVAILABILITY OF DATA ARTICLE VIII - PARTICIPATI0fl 0F OTHER GOVERNMENT AGENCIES ARTICLE IX
- EXAMINATIOff 0F RECORDS ARTICLE X
- 0FFICIALS fl0T TO BEllEFIT ARTICLE XI
- COVEflAfiT AGAlllST C0fiTINGENT FEES ARTICLE XII
- C0iiVICT LABOR ARTICLE XIII - NONDISCRIMINATION ATTACHMEllT A - STATEMENT OF WORX 4
NRC-05-80-281 Page 3 of 6 TICLE I - DEFINITIONS A.
The term " Commission" means the United States Huclear Regulatory Commission or any duly authorized representative thereof, including the Contracting Officer, except for the purpose of deciding an appeal under the article entitled " Disputes."
B.
The term " Contracting Officer" means the person executing this coopera-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 Commissioa-licensed activities in sites selected by the Ccanission.
The principal objectives of the program are to 1) provide reasonable assurance that environmental measurements made by the licensee under Commission require-ments 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 hereof.
ARTICLE III - PERIOD OF PERFOR.vANCE 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 hereinaf ter provided.
B.
The State and the Comission, by mutual agreement, may extend the period of performance through the execution of supplemental agreements to this cooperative agreement.
Either party may terminate this cooperative agreement, in whole or in C.
If this part, upon sixty (60) days written notice to the other party.
cooperative agreement is so terminated, the Cemenssion 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 ter:aination.
ARTICLE IV - DIVISION OF RESPONSIBILITY In the performance of work under this cooperative agreement, the division of responsibility shall be as follcws:
A.
At the request of the Comission, the State will conduct off-site activities which shall consist of collecting envir:nmental media samples, analyzing samples e nd exchanging dosimeters for measuring radiation levels, as specified in Attachment A.
NP.C-05-80e281 Pag 2 4 of 6
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B.
The Commission will participate with the State in developing schedules, sample and data collection procedures, analytical methods and other aspects of the program.
The parties may split samples for separate analyses.
C.
The State will prepare and submit to the Commission reports in a format and time sequence as specified in Attachment A.
ARTICLE V - CONSIDERATION AND PAYPINT A.
Consideration 1.
The Commission will provide funds, subject to the availability of 81,300.00 during the approp(riation, to the State in the amount of $
three 3) year period of performance.
The rate of payment to the State will be as follows:
CY 1980 - $7,200.00 per site, per year / environmental media program CY 1980 - $1,000.00 per site, per year /TLD program CY 1981 - $7,900.00 per site, per year / environmental media program CY 1981 - $1,100.00 per site, per year /TLD program CY 1982 - 58,700.00 per site, per year / environmental media program CY 1982 - $1,200.00 per site, per year /TLD program 2.
The State will contribute, as a minimum, an amount or in kin:
services equal to the Commission's contribution in 1. above.
3.
The amount presently obligated by the Cormission with respect to this cooperative agreement for the CY 1980 effort is $19,335.00.
B.
Payment 1.
The Ccmmission shall render payment to the State in approximately thirty (30) days after submission of proper and correct quarterly vouchers.
2.
The State should address the original voucher with four copies t
to:
l U. S. Nuclear Regulatory Commission Office of the Controller ATTN:
Director, Division of Accounting Washington, D.C.
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ARTICLE VI - DISPUTES I
A.
Except as otherwise provided in this cooperative agreement, any dispute concerning a question of fact arising under this cooperative agreement l
which is not dispo, sed of by mutual agreement shall be decided by the l
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NRC-05-S0-281 Paga 5 of 6 Contracting Officer, who shall reduce his decision to writing and mail or othe'rwise 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 Commission.
The decision of the Commission or its duly authorized repre-sentative for the determinaticn 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.
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 agreement shall be construed as making final the decision of any administrative official, representa-tive, or board on1 a question of law.
ARTICLE VII - AVAILABILITY OF DATA Any and all data collecte *, pursuant to this cooperative agreement by either party alone or jointly, snall be available in full to the other party.
All data collected by the State, pursuant to this cooperative agreement, shall be sent to the NP.C Office of Inspection and Enforcement, Region II
- Office, 101 Marietta Street, Suite 3100 Atlanta, GA 30303, ATTH: Chief, Fuel Facility and Materials Safety Branch.
and accuracy of data released for publication, each party To assure validity (30) days from receipt of data under the program to review 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 GOVERhMENT AGENCIES The Commission shall have the right to request and accept the participation of other Federal Government agencies in the program and to keep other interested Federal agencies fully and currac9 / informed of the activities undertaken under this cooperative agreement.
ARTICLE IX - EXAMINATION OF RECORDS The State agrees that the Commission and the Ccmptroller 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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NRC-05-80-231 Paga 5 of 6 ARTICLE X - 0FFICIALS NOT TO BENEFIT' No ramber 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 - COVEftANT AGAINST CONTINGENT FEES The State warrants that no person or selling agency has been employed or retained to solicit or secure this cooperative agreerant upon an agreerent or understanding for a cocuission, percentage, brokerage or contin 5;ent fee, excepting bona fide er.ployees or bona fide established cocc.ercial or selling agencies maintained by the State for the purpose of securing bu;iness.
For breach or violation of this warranty the Federal Governcent shall have the right to annul this cooperative agreement without liability or in its discretion to deduct from the cooperative agreerent price or consideration, or othernise recover the full amount of such cornissien, percentage, brokerage, or contin-gent fee.
ARTICLE XII - CONVICT LABOR In connection with the performance of work under this cooperative agreement, the State agrees not to employ any person undergoing sentence of frprisor. ment at hard labor.
ARTICLE XIII - NORDISCRIMINATION 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 Civil Rights Act of 1964 and Title IV of the Energy Reorgant:ation Act of 1974, as amended.
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ATTACHMENT A STATEMENT OF WORX RADIATION MONITORING PROGRAM REQUIREMENTS I.
PURPOSE The purpose of this cooperative agreement is to establish a collaborative program between the State of Tennessee (hereinafter called the " State")
and the Comission to provide independent measurements of radioactivity and radiation levels in the environment around selected Commission licensed activities, and to provide reasonable assurance that a licensee's environ-mental measurements are valid.
II.
GENERAL REQUIREMENTS The immission 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-fled personnel and/or agencies 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.
B.
Programs will be undertaken at the follcwing sites:
Nuclear Fuel Services Fuel Fabrication Sequoyah Nuclear Power Plant Watts Bar Nuclear Power Plant C.
Attachments 1, 2, and 3 show the overall sampling and analyses l
requirements for facilities. Attac!Aant 2 also gives the minimum detectable capabilities for the samples analyzed.
No on-site samples will be collected pursuant to the cooperative agreement unless specifically requested or approved by the Comaission.
III.
PROCEDURES FOR IMPLEMEfiTING AND CONDUCTING THE PROGRAMS A.
The Comission's Office of Inspection and Enforcement (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 NRC Region II 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 State will make all necessary contacts and arrangements with the licensee to split samples with the licensee, obtain duplicate samples and obtain licensee's data on the comparative samples.
D.
The Comission 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 exchange TLDs at stations established jointly by the Comission and the State on a frequency of 92 7 days starting 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 TLCh supplied by NRC Region II office.
Intransit control TLD will be placed in lead cask on arrival at State's point of dispatch.
Exposed TLDs will be shipped back to NRC Region II as soon as possible by conveyance agreed upon by the Comission and State.
F.
The State will notify the NRC Office of Inspection and Enforcement Region II Office by telephone (404/221-5544, FTS 242-5544 ) and written confir:ation 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.
G.
The Commission will make the necessary inspections, investigations, and inquiries to ascertain the status 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 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.
IV.
REPORTING 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 the 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
3 results.
The missing data shall be submitted as soon as possible in a supplementary report.
If samples are not available, data analysis is not expected.
However, a brief explanation as to why the sample was not provided is requested.
If samples or data are not available because of the reluctance of the licensee to provide them, the NRC IE Regional Technical Representative should be notified as soon as possible.
The annual report shall also include a sumary of the State's EPA crosscheck program results for the past year.
B.
The Comission will arrange for the timely distribution of the 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 " National Environmental Policy Act of 1969" (Public Law 91-190, 83 Stat. 853, dated January 1,1970) for keeping affected agencies informed.
C.
The Comission will work with the State in making the program findings publicly available through special bulletins, press releases, and publication in appropriate technical journals or periodicals, or otherwise, to assure prompt and wide distribetion of the data at
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minimum cost.
D.
The State will provide to the Comission on a quarterly basis, a report covering NRC funds expended during the preceding quarter, a total expenditure of funds under this cooperative agreement, and a tabulation of Services Rendered by facility. The format is shown in.
This report shall be submitted to the Contracting Officer.
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ATTACHMENT 1
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P ENVIRONMENTAL RADIOLOGICAL VERIFICATION MONITORING PROGRAM t
AROUND NUCLEAR POWER PLANTS Exposure Pathway Number of Samples Sampling and Type of Frequency j
and/or Sample and Location Collection Frequency of Analysis Allt00RNE:
i Particulates One sampla from location of high Continuous operation of sampler Gross beta radioactivity i
calculated ground level concen-with sample collection as required following filter change tration and in close proximity by dust loading but at least once composite for gamma of licensee sampler.
per 7 days.
isotopic analysis quarterly.-
One sample from control location.
Radiciodine Same as particulates.
One sample per month.
Analyze for I-131 WATERBORNE:
Surface One sample, split with licensee.
Composite sample monthly.
Gamma isotopic analysis from immediate area of discharge, (or at nearest downstream drink-monthly and tritium j
i ing water supply) and one sample quarterly, at upstream control location.
INGESTION:
Milk One sample, split with licensee, Monthly.
at the off-site dairy farm or Gamma isotopic and individual milk animal at the radioiodine analyses, location having highest X/Q.
Fish or 4
invertebrates One sample, split with licensee, Semiannually or in season.
Ganna isotopic of edible l
of a commercially or recreation-ally important species in portions.
I vicinity of discharge point.
MTACitMENT I (Cont'd) '
I
- i, Exp,sure Pathway Number of Samples Sampling and
. Type of Frequency ?.'
and/or Sample and location Collection Frequency of Analysis I:
Food Products Two samples split with licensee, At time of harvest.
Gamma isotopic on edible of principal food products grown portion.
Radiciodine
, li near point having the highest' analysis on greti leafy X/Q or from any area which is vegetable, irrigated by water in which liquid plant wastes have been discharged or_ green leafy vegetables at a private garden
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or farm in the invnediate area of the plant.
t Sediment from l'
%oreline One sample split with licensee Annually.
Gamma isotopic analysis.
TLD-Direct a.
TLD badges in 16 sectors Quarterly Analyses to be performed Radiation around plant site.at two distances from site by Conunission.
i boundary:
- 1) Sit.e boundary out to 1 mile
- 2) Two (?) to 4 miles from t
sit.e boundary.
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Por '-tion centers within j
1r rni 2s.
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Maxinium exposed residences within 3 miles, y
d.
liigh public interest sites I
tithin 5 miles.
Backgroundcontrolsite(3) e.
greater than 15 miles froni platit t
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o DETECTION CAPABILITIES FOR ENVIRONMENTAL SAMPLE ANALYSES
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LOWERLIMITOFDETECTIONa(LLD)
Airborne Particulate Fish, Meat Water or Gas or Poultry Milk Food Products Sediment
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Analysis
_(pct /l)
(oCi/m3)
_(pC1/kg, wet)
(pCi/1)
(pci/kq, wet)
(pCi/kg, dry) i 4
gress beta 2
0.01 i
311 330 54Ha 15 i
130 59 e 30 F
260 58,60 o 15 C
130 65 n 30 2
260 95 r-Ho 10 2
131 1 0,4 7 x 10-2 1
60 134 s, 137 s 15 1 x 10-2 130 15 60 150 C
C i
140 a-La 15 B
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a.
The nominal LLD is defined in HASL 300 (rev 8/74) pp D-08-01, 02, 03 at the 95% confidence level.
radionuclides analyzed by gansna spectrometry will vary according to the number of radionuclides encountered The LLD for environmental samples.
tation and analytical procedure selection.These detection levels should be used as minimum criteria for obj The LLD is calculated to the end of the total sampling period.
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ATTAdlMENT 3 I
I Name of Facility i
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_(1.ocation of Facility)
(ReportingPeriod)
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I-Medium or Split or location l'
Pathway Sampled Duplicate Sample Nama Distance & Direction Date State Results Licensee Results l
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Jan. 1, 1980 - Mar. 30, 1980 ATTAQlMENT 4
'A g i-Description of Services Rendered I
Facility 1.ocation i'
,i flo. Samples Sample Type Analyses Performed Beta Gamma Tritium 1-131 No. Analyses 18 Air Particulate 18 6
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i 58 Radiotodine 58 58 18 TLDs l
18 ll 6
Water 6
4 10 j
2 Sediment 2
2 5
4 2
Milk 2
2 4
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0 Food Products i
0 t.
2 Fish 2
2 i,
118 i
Man-hours expended:
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Field Samo11ng...................... 351 hours0.00406 days <br />0.0975 hours <br />5.803571e-4 weeks <br />1.335555e-4 months <br /> Analytical Services................. 229 hours0.00265 days <br />0.0636 hours <br />3.786376e-4 weeks <br />8.71345e-5 months <br /> t<
l Quali ty Assurance................... 4 6 hours6.944444e-5 days <br />0.00167 hours <br />9.920635e-6 weeks <br />2.283e-6 months <br /> t:
Administration...................... 127 hours0.00147 days <br />0.0353 hours <br />2.099868e-4 weeks <br />4.83235e-5 months <br /> 753
i ENVIRONMENTAL RA0IOLOGICAL VERIFICATION MONITORING PROGRAM AROUND THE NUCLEAR FUEL SERVICE FACILITY Exposure Pathway Number of Samples Sampling and Type and Frequency and/or Sample and Location Collection Frequency of Analysis Air One samph at Little 7 day sample, once Gross Alpha and Gross Mountain,Erwin(Highest per month.
Beta monthly, composite calculated X/Q) and for Uranium and Thorium 4
one sample at Asheville Isotopic quarterly.
liighway (!!KG).
Samples i
duplicated those of licensee Water One sample at the NFS Sewer sample monthly Gross Alpha and gross sewer discharge and one and water treatment monthly, composite for sample of the water discharge at least Urdnium and Thorium treatment facility discharge once per month Isotopic quarterly, samples split with licensee Vegetation One sample at each of the Quarterly Uranium and Thorium air sampling sites, or as Isotopic Analysis collected by the licensee.
Samples split with licensee.
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