ML20012E698

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Requests Opportunity to Comment on Plans or Repts Submitted by Cintichem,Inc in Response to NRC 900213 Order & to Meet W/Nrc to Discuss Situation.Ability of Sterling Forest Corp to Assure That No Radiation Leaks Occurring Essential
ML20012E698
Person / Time
Site: 05000054, 07000687
Issue date: 03/09/1990
From: Warren C
BERLE, KASS & CASE (FORMERLY BERLE, BUTZEL, KASS, STERLING FOREST CORP.
To:
NRC OFFICE OF THE SECRETARY (SECY)
Shared Package
ML20012E676 List:
References
EA, EA-90-033, EA-90-33, NUDOCS 9004060137
Download: ML20012E698 (3)


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CAROL t. mostNewa6 7threOmica teie tes iese CHARLts N wttNSTOCK ANNE CICtmo wtigstmo March 9, 1990 f

FEDERAL EXPRESS Secretary, United States Nuclear Regulatory Commission One White Flint North Building 11555 Rockville Pike Rockville, MD 20582 Attn:

Chief, Dockating and Service Section, l-Re:

Cin*;ichem, Incorporhted; Docket l

Numbers 50-54,70-687; License I

Numbers R-81, SNM-39; EA 90-033; Recuest for Hearina_

Dear Mr. Secretary:

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Thir. firm represents the Sterling _ Fcirest Corporation

(" Sterling Forest") which operates a drinking water supply system serving the Sterling Forest area in the town of Tuxede, Orange County, New York.. A portion of the Sterling Forest property is located directly adjacent to a site on which Cintichem, Incorporated ("Cintichem") operates a facility which produces and processes medically-used radioisotopes.

The-facility l

includes a nuclear reactor and related processor for which Cintichem is licensed by the Nuclear Regulatory Commission

("NRC") under licenses numbered R-81 and SNM-639.

The drinking water supply system operated by Sterling Forest serves 150 households and numerous commercial establishments.

The supplied water originates in the Indian Kill reservoir, which is situated on the Sterling Forest property, and is treated in the Sterling Forest water treatment j

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t Secretary, U.S.N.R.C. March 9, 1990 i

plant.

The Indian Kill reservoir directly abuts the Cintichem i

facility.

i On December 14, 1989, Cintichem reported to the NRC that a leak had developed in the hot cell exhaust duct at its facility, allowing contaminated air to flow out.

It also reported soil and water contamination in the cavity which had come into contact with the contaminated air.

In early January i

of this year, in response to this report, the New York State Department of Environmental Conservation collected surface water samples from two monitoring points at the Cintichem i

facility.

These monitoring points, which are located up-gradient and in line with the flow to the Indian Kill reservoir, were found to contain approximately twenty times the maximum permissible concentrations of iodine-131.

One of the two monitoring points is situated only 600 feet from the reservoir.

On February 9, 1990, Cintichem reported to the NRC that there had been an unmonitored release of radioactively contaminated water from the reactor building to an onsite retention pond which occurred due to a failure of part of a concrete wall in the gamma pit.

In addition, on February 12, Cintichem reported that a leak had also developed in the holdup tank used in the reactor coolant.

Moreover, in the course of reporting on the December and February leaks, Cintichem let it be known that a leak hud also occurred at the facility on October

?

23, 1989, althcugh this leak apparently went unreported at the time of its occurrence, Finally, on FebLuary 9, Cintichem releered contami:.tated water from itu retention pond directly into thc In6ian Kill reservojr, but did not report the release until February 20.

This direct release into the deinking supply occurred subsequent to the testing of the water by Cintichem, but before the test results had come back.

4 On February 13, 1990, NRC issued an Order ("the Order")

l modifying the licenses which it had issued to cintichem, and ordering that the r0 actor remain shut down until Cintichem had complied with the conditions set out in the Order.

The Order provides on page five that any person who is adversely affected may request a hearing within thirty days of its issuance.

Although Sterling Forest Corporation is not requesting a hearing on the Order, it remains extremely concerned about the situation at the cintichem facility and would like to formally signal its involvement in this proceeding.

The proximity of the Sterling i

Forest property, and especially its drinking water supply, to the Cintichen facility, provides it with a clear interest in the safe condition and operation of the Cintichem facility, and, therefore, a clear interest in the plans proposed, and L

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  • i 03dLE.KAOO G CAcc Secretary, U.S.N.R.C. March 9, 1990 actions undertaken, by Cintichem to bring itself into compliance l

with the NRC Order.

Accordingly, once Cintichem has submitted to the NRC the plans required under Sections IV(A) (1) and IV(C) of the Order, or any other reports or documents concerning the condition i

or operations of its facility, Sterling Forest will want the opportunity to comment on the plans or reports, either formally or informally, and to meet with the appropriate NRC personnel to discuss the Cintichem situation.

It is essential that Sterling Forest be able to satisfy itself and its water customers that all appropriate actions have been taken at the Cintichem facility to ensure that it is operated safely and that no leaks of radiation will occur which could jeopardize the water supply or the health and safety of people in the area.

f Sincerely,

,N=

Charles S. Warren ces Director, Office of Enforcement, Nuclear Regulatory Commission, Washington, D.C.

20555 Assistant General C.sunsel for Hearings and Fnforcement, United States Nuclear Regulatory Commission, Washington, D.C.

20555 Regional Administrator, Region I, 475 Allendale Road, King of Prussia, Pennsylvania 19406 Mr. Gary comfort Dr. Robert Bores Steve Mairella, Esq., Sterling Forest Corporation PA N?tD Oh ASCTCLSD Parte

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