ML20011A565
| ML20011A565 | |
| Person / Time | |
|---|---|
| Site: | West Valley Demonstration Project |
| Issue date: | 09/30/1981 |
| From: | Rouse L NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | Deuster R NUCLEAR FUEL SERVICES, INC. |
| Shared Package | |
| ML20011A564 | List: |
| References | |
| NUDOCS 8110200211 | |
| Download: ML20011A565 (4) | |
Text
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3 0 SEP 1981 Docket No. 50-201 Nuclear Fuel Services, Inc.
ATTil: Mr. Ralph W. Deuster, President 6000 Executive Boulevard, Suite 600 Change No. 31 Rockville,ti: 20852 Facility License No. CSF-1 Gentlemen:
s This is en amendment (Change No. 31) to facility License No. CSF-1, together-with a copy of a notice, concerning this amendment, which has beer, submitted for publication in the Federal Register. This amendment is issued in response to the application filed on August 19, 1981, by the New York State Energy Research and Development Authority, joined by the U.S. Department of Energy.
In accordance with paragraph C(2) of new Condition 7. of the amended license, we propose to appropriately amend Indeanity Agreement B-29 as of the time of the transfer of the facility to the Department of Energy. We anticipate execution of an anendment to the indennity agreement at that time.
Accordingly, pursuant to 10 CFR 550.91 new Condition 7. to the license, as shown in enclosure 1, is authorized.
In acting upon the request for an amendment, we have carefully considered the views expressed in your letters of September 11, 1981 and September 25, 1981. You may, of course, request a hearing with respect to this action in accordance with Section 189a. of the Atomic Energy Act of 1954, as amended.
Sincerely, Orig' 231 Signed by Leland C. Rouse Leland C. Rouse, Chief Advanced Fuel and Spent Fuel Licensing Branch Division of Fuel Cycle and Material Safety Office of Nuclear flaterial Safety and Safeguards
Enclosures:
FC 1.
New License Condition 7.
2.
Federal Register Notice RECunningham 3.
Safety Evaluation 9/
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Nuclear Fuel Services, Inc.
s ATTH: 11r. Ralph W. Deuster, President 6000 Executive Boulevard, Suite 600 Change No. 31 Rockville, lid 120852 Facility License No. CSF-1 Gentleaen:
This is an amendment (Change No. 31) to facility License No. CSF-1, together with a copy of a notice, concerning this amendment, which has been submitted for publication in the Federal Register. This amendment is issued in response to the application filed on August 19,198', by the flew York State Energy Research and Developmenc Authority, joined by the U.S. Department of Energy.
In accordance with paragraph C(2) of new Condition 7. of the amended license, we propose to appropriately amend Indemnity Agreement B-29 as of the time of the transfer of _ the facility to the Department of Energy. We anticipate execution of an amer.dment t-the indemnity agreenent at that time.
Accordingly, pursuant to 10 CFi3 50.91 new Condition 7. to the license, as shown in enclosure 1, is authorized.
We acknowledge receipt of the statements contained in your letter of
-September 11, 1981 regarding this matter] You may, of course, request a hearing with respect to this action in accordance with Section 189a. of the Atomic Energy Act of 1954, as amended.
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tlaterial Safety Office of Nuclear Material Safety and Safeguards
Enclosures:
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New License Condition 7.
2.
Federal Register Notwe 3.
Safety Evaluation FC FC orncey FCAF FCAF ELD gg'
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7.
The licensees, as their respective interests under this license appear, may transfer the facility to the United States Department of Energy
(" DOE") in accordance with the West Valley Demonstration Project Act
(" Project Act"), Pub. L. No.96-368, subject to the following condi tions:
A.
DOE shall assume exclusive possession of the facility and shall continue in possession until such time as the licensees, as their respective interests under this license appear, reacquire the facil ity.
B.
(1) Commencing on the date of transfer of the facility to DOE, and continuing until DOE surrenders possession thereof:
a.
Neitner licensee shall be authorized to possess, use, or operate, or be responsible for maintenance, surveillance, or saf. guarding of the facility under this license; and to the extent that either licensee retains any right, title, or interest in any property located.at the facility or any interest or responsibility under this license, it is not authorized to take or permit, and shall not t.ake or permit, any action which in DOE's judgment may innibit or prevent DOE from taking any action under the Atomic Energy Act or the Project Act:
(i) to carry out its activities pursuant to the Project Act; (ii) to guard against the loss or diversion of any special nuclear material located at the facility; (iii) to prevent any use of or disposition of any special nuclear material located at the facility which DOE may determine to be inimical to the common defense anc security; or (iv) to protect health or minimize danger to life or property.
b.
Neither licensee shall have further responsibility under subparagraph 5 (B) or (C) of this license to develop, maintain, or submit records or reports pertaining to events occurring or conditions prevailing at the facility during the time the facility is in DOE's possession;
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(2) Comencing on the date of transfer of the facility, the technical specifications referenced in subparagraph 5(A) of this license, and the conditions contained in the amendment to this license for special nuc: ear materials safeguards, shall be held in abeyance.
C.
(1) DOE will contract with a person or persons to perfois services for the benefit of the United States, subject to the direction and l
3 0 SEp tog 1
- supervision of 00E, such contractual activity to include the conduct of the West Valley Demonstration Project (" Project") and such other services as may be needed in connection with the transferred facility from the time of the transfer and for so long thereafter as such facility is in the possession of DOE, and DOE will enter into agreements of indemnification with such person or persons in accordance with section 170d. of the Atomic Energy Act.
(2) Effective as of the time of transfer of the facility to DOE, and until DOE surrenders possession of the facility, Indemnity Agreement No. B-29 shall be suspended.
Such suspension shall be evidenced by an amendment to said Indemnity Agreement which provides that the agreement shall not include the period of suspension described in the preceding sentence, and that the suspension shall not affect any obligation of the parties to the agree 1ent with respect to any nuclear incident occurring prior to the uspension.
D.
Ex ept as provided in subparagraphs ( A), (B), and (C) cf this paragraph 7, the responsibilities of the licensees under this license, as their respective interests under this license appear, shall continue in effect, provided that neither licensee is authorized to take or permit, and shall not take or permit (to the extent it has legal authority to do so) any other person to take, any action which in DOE's judgment may inhibit or prevent DOE from taking any action under the Atomic Energy Act or the Project Act:
(1) to carry out its activities pursuant to the Project Act; (2) to guard against the loss or diversion of any special nuclear material located at the facility; (3) to prevent any use of or disposition of any special nuclear material located at the facility which DOE may determine to be inimical to the common defense and security; or (4) to protect health or minimize danger to life or property.
E.
The licensees, as tneir respective interests under this license appear, shall:
(1) reacquire and possess the facility upon completion of the Project, in accordance with such technical specificaticns and subject to sucn other provisions as the Commission finds necessary and proper under the Atomic Energy Act and Commission regulations; l'
and (2) make timely submissions to the Commission, in anticipat%n of complotion of the Project, as may be required by the Commission to determine such technical specifications.and other provisions.
3 ') SEP 1%i
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