ML19347E239
| ML19347E239 | |
| Person / Time | |
|---|---|
| Site: | 05000360 |
| Issue date: | 04/20/1981 |
| From: | Haverfield A Battelle Memorial Institute, PACIFIC NORTHWEST NATION |
| To: | Office of Nuclear Reactor Regulation |
| References | |
| NUDOCS 8104240344 | |
| Download: ML19347E239 (3) | |
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OBattelle Pacific Northwest Laboratories P.o. Box 999 Richland, Washington U.S.A. 99352 Telephone poM 375-2296 g
April 20, 1981 0) Teles 15 aan fp[td.
U. S. Nuclear Regulatory Commission Office of Nuclear Reactor Regulation Division of Licensing Washington, DC 20555 Gentlemen:
License CX-26, Docket No. 50-360 --
Plutonium Recycle Critical Facility Battelle believes that subject license has expired. Your concurrence is respectfully requested.
Background information relating to this matter is as follows:
The Plutonium Recycle Critical Facility (PRCF) is a government-owned facility in the custody of Battelle under its Operating Contract DE-AC06-76RLO 1830 with the Department of Energy.
In the early 1970's, Battelle was interested in using the PRCF under Contract EY-76-C-06-1831 (Use Permit) to conduct research and development activities for its own account. On February 17, 1971, the Use Permit was amended to permit Battelle to use the PRCF under the terms of the Use Permit. These terms in part
, required that Battelle obtain Department of Energy approval on l a case-by-case basis for each such use of the PRCF and obtain all necessary permits and licenses. Battelle applied for a l
facility license for the PRCF and on November 29, 1971, subject l license was issued to Battelle.
Thereafter, Battelle at various times through March 11, 1976, l
used the PRCF under the Use Permit and subject licenJe to
! conduct research and development activities for its own account.
Advance approval for each such use was obtained from the Depart-ment of Energy. It should be noted that at all times herein the PRCF remained a government-owned facility in the custody l of Battelle under its Operating Contract with the Department of Energy. Since March 11, 1976, Battelle has not used the i PRCF under the Use Permit and does not contemplate any such future use of the facility.
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U. S. Nuclear Regulatory Commission g g Office of Nuclear Reactor Regulation W 8 Division of Licensing April 20, 1981 Page 2 On April 17, 1981, the Use Permit was amended to terminate Battelle's authority to use the PRCF for its own account (copy attached).
Paragraph D, page 3, of subject license provides:
"This license is effective as of the date of issuance and shall expire at midnight November 29, 2011; provided, however, that this license shall in any event expire automatically upon termination of the licensee's authority under Contract AT(45-1)-1831 (use permit) between the Commission and the licensee, to use the facility in conducting research and development activities for its own account. "
In accordance with its terms, subject license appears to-have expired.
With the expiration of subject license, all Nuclear Regulatory Commission involvement and responsibility.in connection with this facility should cease. The facility still remains a government-owned facility in the custody of Battelle under its Operating Contract with the Department of Energy. Respon-sibility for health, safety, and radiation protection now rests solely with the Department of Energy and Battelle under said Operating Contract. Battelle will follow the direction and guidance of the Department of Energy in these protection matters in the further custody, use, and disposition of this Department of Energy facility.
Confirmation of the above may be obtained from the Chief Counsel's Of fice, Department of Energy - Richland Operations Office --
R. L. Hames or E. E. Pride.
If you need additional information from Battelle, please call C. D. Fransen, Assistant General Counsel, (509) 375-2216.
Again, your concurrence is respectfully requested.
Very truly yours, 47/ J/
A. J. Favbrfield Director, Research AJH/ndw Attachment
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USE PERMIT MODIFICATION NO. 8 SUPPLEMENTAL AGREEMENT TO CONTRACT NO. EY-76-C-06-1831 Supplemental Agreement This Supplemental Agreement between the United States Department of Energy and Battelle Memorial Institu?.e, a not-for-profit corporation existing under and by virtue of the laws of the State of Ohio, amends Contract EY-76-C-36-1831:
Effective April _17, 19 81, Appendix "A" of Contract EY-76-C-06-1831, as amended, is further amended as follows:
- 1. " Plutonium Recycle Critical Facility" is added to the list of exceptions in the 300 Area.
- 2. Paragraph 2 is revised to read as follows:
- "Any other production or utilization facility as defined in the Atomic Energy Act of 1954, as amended."
IN WITNESS WHEREOF, the parties hereto have executed this Supplemental Agreement.
UNITED STATES OF AMERICA DEPART NT OF " ERGY
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Title Contr[tindDfficer r
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t BATTELLE MEMO AL INSTITUTE By yt C Title Director l
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