ML19351D297

Discusses Wj Dircks 800626 Ltr Re Insp & Evaluation of Nfs High Level Liquid Waste Storage Sys by NRC Contractor Rockwell Hanford.Nfs Is Jeopardizing Solidification Program by Requiring Signing of Indemnification Agreements

ML19351D297
Person / Time
Site:	West Valley Demonstration Project
Issue date:	07/23/1980
From:	Myra Hamilton, Resnikoff M Sierra Club
To:	Larocca J NEW YORK, STATE OF
References
17005, NUDOCS 8010090483
Download: ML19351D297 (1)

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July 23,1980 [,__

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mes Larocca, Chairman

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Dear Mr. Larocca:

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'le are in receipt of the LA'ers from Wm. J. Dircks, Director, Office of Nuclear Material Safety and Safeguards, Nuclear Regulatory Commis-sion, to Nuclear Fuel Services and NYSERDA regarding an inspection and eval-uation of the high level liquid waste storage system by the NRC contractor Rockwell Hanford. The 53 milTion program laid out in RH0-LD-130 includes tank and vault inspection, soil transport studies and thermal evaluation.

Additional work carried out by the same contractor will lead to characteri-zation of the high level waste for the Department of Energy and is one of the first steps in the DOE HLW solidification program. From our perspect-ive this project has considerable merit in protecting the public health and -

safety.

Apparently, according to the NRC letter, iiuclear Fuel Services has held up the on-site activities by requiring the signing of indemnification -

agreements that any damage discovered will be due to Rockwell Hanford, unless be shown otherwise. This puts the burden of proof on the inspector, NckNil Hanford, rather than NFS. It is equivalent to holding NRC inspect-ors liable for all licensee failures and it is unreasonable, if not outrage-ous. By their actions, WFS is jeopardizing the HLW solidification program and the public health .and safety. ,

We believe the following actions on your part are in order:

1) The results of the Rockwell Hanford inspection should be use'd as input l to NYSERDA deliberations on " good condition". Through photos, tv pictures j and sonar, all non-intrusive means, NYSERDA should gain a better understand- >

ing of the condition of the tank, vault and defective saucer. NYSERDA should inform NFS that this inspection is a necessary part of NYSERDA's " good con-dition" assessment and that negotiations cannot proceed and the waste system cannot be transferred until the Rockwell inspection is carried out. We re-quest that NYSERDA send a letter to NFS regarding this linkage.

2) As co-licensee with NFS, NYSERDA should inform the NRC that it has no objections to the inspection. It is our understanding that the HRC could obtain access through a court action to perfom the necessary inspections.

The Atomic Energy Act of 1954, as amended, grants the NRC broad powers in  !

this regard.

3) If Getty Oil's subsidiary, NFS, jeopardizes the $200+ million Federal cleanup funds by obstructing DOE and NRC subcontractors, Getty Oil should be infomed you will hold them responsible. ,..,,.

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cc: Wm. Dircks , NRC Sin,cerhl d h ,a 3 WI20k' 5 8010090 N 3 radio ve ste rvi off, co-directors 1 ( W V6 TE RJ n Til