ML20029B636
| ML20029B636 | |
| Person / Time | |
|---|---|
| Site: | 05000054 |
| Issue date: | 02/14/1991 |
| From: | Quine S NEW YORK, STATE OF |
| To: | NRC COMMISSION (OCM) |
| Shared Package | |
| ML20029B583 | List: |
| References | |
| OLA, NUDOCS 9103130175 | |
| Download: ML20029B636 (82) | |
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- L Li L UNITED STATES Of AMERICA iA NUCLEAR REGUIATORY COMMISSION
., g 9 p .3 Issuance of Orders to Cintichem, Docket No. 50-54 Incorporated, Authorizing Disposition of '
Component Farts and Terminating racility REQUEST TOR llEARING License No. R-87 and PETITION TO INTERVENE Pursuant to 10 CFR 52,714, the New York State Department of Environmental Conservation ("DEC") hereby petitions the nuclear Regulatory Commission ("NRC") for an order (s) granting a hearing and leave to intervono and participato as a party in any proceeding which is hold related to the approval of Cintichem, Incorporated's October 19, 1990, plan for decontamination of their facility and disposa' of radioactive components, or some alternato disposition plan for the facility and the granting of Orders authorizing implomontation of the approved plan and terminating the facility license and any further NRC jurisdiction over the facility.- The name of the persons to whom communication regarding this petition should be addressed and upon whom service of all pleadings or other documents should be made are Susan C. Quino Paul Morges Senior Attorney Dureau of Radiation Offico of General Counsel Division of Hazardous Substances New York State Department Regulation , of Environmental Conservation New York Stato Department of f 50 Wolf Roaa - Room 608 Environmental Conservation Albany, Now York 12233-1500 50 Wolf Road - Room 510 (518/485-8466) Albany, New York_ 12233 (518/457-2225) As grounds for its Petition to Roquest a Hearing and Leavo to Intervono, DEC respectfully alleges that: 9103130175 910227 PDR ADOCK 05000054 0 PDR ,
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s I L l (1) Petitioner is a duly constituted Department of the Government of the State of Now York, i (2) Pursuant to Section 274 of the Atomic Energy Act, an 4 Agrooment betwoon New York Stato and the Atomic Energy Commicsion [now the Nuclear Regulatory Commission ("NRC")) was ontored into, of fective October 15, 1962, and as amended, said Agreement providen 1 that the NRC shall discontinuo regulatory authority in Now York ) Stato under Chapters 6, 7, and 8 and Section 161 of the Atomic Energy Act. I (3) Petitioner is the agency of the State of Now York which i shares responsibility for the administration of HRC's agrooment stato program and has jurisdiction to regulato dischargos of radioactive tantorials to the environment pursuant to the Department's authority under the Environmental Conservation Law ("ECL") Articles 3, 17, 19 and 27, and the Department's promulgated rules and regulations at 6 NYCRR Part 360, 380, 750-757 and 703 to regulate the release of radioactivity to the environment and consistent with its authority relating to by-product matericls, , sourco materiala and special nuclear materials in quantities not ' sufficient to form a critical mass in a manner consistent with Section 274 of the Atomic Energy Act of 1954, as amonded. (4) Petitioner is the Department of the State of Now York responsible for the administration of the State's Environmental Conservation Law ("ECL") . It is the agency most intimately involved with and responsible for analyzing environmental impacts. The
3 1 Petitioner's resources, expertise and familiarity with the locale of the proposed project will be of considerable assistance to the IJRC. (5) Petitioner is the Department of the State of New York having jurisdiction over the State Pollutant Discharge Elimination , System ("SPDES"), pursuant to ECL Article 17, Tition 7 and 8 and 6 NYCRR Parts 750-757, and the United States Environmental Protection Agency, pursuant to Section 402 of the Clean Water Act, has determined that the Department's SPDES pcrmit program fulfills the requirements of the National Pollution Discharge Elimination System (" NPDES"). (6) Petitioner is the Department of the State of New York with jurisdiction to regulato discharges of pollutants (including radioactive materials) into the waters of the State and with authority to maintain the cleanliness and purity of such waters pursuant to the Clean Water Act, ECL Article 17 and 6 NYCRR Parts 380, 703, 750-757. (7) Petitioner is the Department of the State of New York with jurisdiction over the 1aintenance and safeguarding of the air-resources of this State from pollution and with the power to abate end prevent air pollution in the State r"rnuar.t to ECL Article 19 and Section 116 of the clean Air Act, 42 U.S.C. 97416. (8) In Ma o 1989, Petitioner entered into a letter of agreement with the NRC fermalizing the understanding of the NRC and the State of New York regarding jurisdiction at the Cintichem site (copy attached as Exhibit A). l
(9) on June 6, 1990, the Petitioner and Cintichem entered into an Order on Consent (copy attached as Exhibit B) addressing radioactive contamination in ground and surface waters at the facility and continued commercial and manuf acturing operations at the facility. Petitioner and Cintichem agreed in paragraph 12 therein that "any activity to be undertaken by Respondents [Cintichem] in furtherance of decommissioning pursuant to llRC license amendment or order shall be exclusively governed by 11RC except to the extent flRC commits any such matter in writing to be regulated by the Department." (10) This request for a hearing is made as a formal means of registering DEC's responsibilities and concerns as noted above and formally preserving the rights of DEC in respect to these proceedings to ensure DEC's interest in the decommissioning process can be adequately represented. DEC is confident that close communication can be assured between DEC staff and liRC staff by virtue of our agreement state status and the course of dealing that was established pursuant to the 1989 Letter of Agreement as well as at the time of the Order on Consent was negotiated. (11) If a hearing is granted, DEC's interest cannot be adequately represented by any other party to the proceeding. (12) Granting DEC's request for a hearing and party status will not result in any prejudice to, or substantial additional burden upon, any existing parties, and is in the public interest.
WHEREFORE, Petitioner respectfully requests that the NRC grant a hearing and grant the New York State Department of Environmental. Conservation full party status to this proceeding. Respectfully submitted, NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Jf sf4^_ C. fMcn.c Susan C. Quine Senior Attorney Dated: Febuutu /% l'/'// Albany, New York Office of General Counsel U.S. Nuclear Regulatory Commission Washington, DC 20555 Mr. Philip Yachmetz, Attorney for Cintichem Senior Counsel Hof fman-LaRoche 340 Kingsland Avenue Building 85 Nutley, New Jersey 07110-1199
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N 5 i LEiiEE CF AGREEM.ENT This is to confirm the pencrai agreement reached curing a Septem:tr 23, 1937 ree:ing between the U.S. Nuclear Re;ulatory Commission staff and two agencies cf .e State Of New York, the Department cf Labor and the Department of Envi onmental Conservation, regarding jurisdiction over activities at tne Cinti: hem, Inc. f t:ility in Tuxtdo, New York and the impact of that jurisciction en inspection an: enf;r:ement activities concucted by the res;e:tive agencies. As a result of that meeting and previous ciscussions, the a;encies agreed that there was a need to formalize the understanding of NE: and State of New York jurisdicticn at the -Cintichem site anc to establish a pr::edure for the interaction and :cordination between the res:ective agen:ies on inspe: tion and enfor:ement activitie$. A. With regard to statut:ry autherity it is understood tnat: (1) The NRC has ex:iusive jurisdiction over the Cintichem research reactor pursuant to 10 CFR Part 50 and NRC License No. R-81; (2) The possession and use of special nuclear material cuiside of , the research rea: tor is covered by NRC License Nc. SNM-639 and is also.under the exciusive jurisdiction of the NRC. This jurisdiction extends to any area of the Cintichem site where SNM is possessed or used. (3) The State of New York, through an agreement between the NRC and the State pursuant ~ to Section 274 of the Atomic Energy Act, has exclusive jurisdiction over the possession and use
., of-byproduct material anywhere on the Cintichem site, exclusive of.the ret: tor; and (4) Nothing'in this Letter of Agreement changes or mcdifies in any way the statut:ry jurisdiction of the NRC and the State of New York.
E. Given the aforementioned jurisdictions, the following has been agreed to regarding insce: tion activities. (1) Reactor operations authorized under NRC License R-51 will ' continue to be inspe:ted exclusively-by NRC; (2) The possession and use of byproduct material under New York y State License Number 729-C322, such as the production of radiopharmaceuti:als where the presence of SNM is not expected, will continue to be inspe:ted exclusively by the State; and
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_. __m . _ . . _-- _- - , _ _ _ _ _ _. -. _ -_ _._ 4 j P l i ! i : l' $. i 1 b t (2) The remaining areas of the Cintienti site, where the use of { 1
) ty;re:v t material unter State license and special nu: lear 7
) ca:eriai under NRC License SNM-539 is not physically l se arable, will be subje:t to inspe: tion by both the NEC l } and the State. Each of tne three agen:ies will enforce i their respective regulati:ns, as apriitable.
- . We further agree that, with respe:t to situation B.(3) tbove, 1 tr.e f0110 sing procedures will govern the a:tivities with regard i
_ to ensite inspections: (1) Ea:h of the three agencies will notify the others of their intent tu condu:t an inspection at the Cintichem fa:ility; (2) Ea:5 of the three agencies reserves the rignt to a::cmpany the agency condu: ting the inspectien, on the inspection; 4 (3) The three agencies will c: ordinate enforcement actions en a case-by-case basis in crder to minimize duplicatien er inconsistent inspection findings, citations, orders, civil , penalties, etc., in areas of dual responsibility. Each cf the three agencies reserves the right t:-;ursue further enforcement action if it is required by law or Otherwise deemed necessary; 1 and (4) Copies of licensee respenses to enfer:ement actions by the agency conducting the ins;e: tion wili be provided to each of the other agencies. The three agencies will make a good faith, best efforts attempt to come to timely agreement as to the acceptability of the licensee's corrective actions. However,_the agency conducting the inspection will have final responsibility for the acceptability of the corrective actions. Eacn agency reserves the-right to obtain additional information from the licensee as permitted by law, if required or otherwise ceamed necessary by that agency. FOR THE U. 5. NUCLEAR REGULATORY COMMISSION ,- .%-fo /r 3 / /9&P
/ Datf Malcolm R. Krapp,ghterDivision cf feguards Radia. mn Safety and Sa//
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3 4 FOR i.-:E NEW YORK STATE DEPARTMENT OF LAEOF, ; O
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~ _ , _ s-ht Gc Date' Trancis/J. Eradiev F rir/:i pal Radicffy t. y'icist i
FOR THE NEW YORK STATE DEPARTMENT CF ENVIRONMENTAL CONSERVATION NV 6 /f,$9
- h. G. Kaul, Director Cate Division of Hazardous Substances Regulation N
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4 STATE OP NEW YORK DEPARTMENT OF ENVIRONMENTAL CONSERVATION In the Matter of Violations of the
- Environmental Conservation Law ("ECL"),
Articles 3, 17, 19 and Parts 201, 380, 703, ORDER ON CONSENT l 750-757 of Title 6 of the Official Compilation of Codes Rules and Regulations of the CASE #D200059005
' State of New York ("6 NYCRR") by: ,
CINTICHEM, INC., and MEDI-PHYSICS, INC.,
! Respondents.
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>WHEREA$t I
(
- 1. The New York State Department of Environmental {
Conservation (" Department") is the Department of the State of New
- York having jurisdiction over the State Pollutant Discharge
, Elimination System ("SPDES"), pursuant to Environmental
! Conservation Law ("ECL") Article 17, Titles 7 and 8 and 6 NYCRR
-Parts 750-757, and the United States Environmental Protection j t
' Agency, pursuant to Section 402 of the Clean Water Act, has t
' determined that the Department's SPDES Permit Program fulfills the requirements of NPDES.
- 2. The Department is the agency of-the State of New York with jurisdiction to regulate certain discharges of radioactive
- materials to the environment pursuant to the Department's authority. under the ECL, and consistent with its authority
! relating to by-product materials, source materials and special nuclear materials in quantities not sufficient to form a critical l mass in a mannet consistent with Section 274 of the Atomic. Energy Act of 1954, as amended. l
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, 3. The Department is the agency of the State of New York with jurisdiction to regulate discharges of pollutants (including j radioactive materials) into the waters of the State and with
- authority to maintain the cleanliness and purity of such waters L
i pursuant to the Act, _ECL Article 17 and 6 NYCRR Parts 380, 703, l a 750-757. I o (
- 4. The Department is the agency of the State of New York l I with jurisdiction over the -maintenance and safeguarding of the air resources of this State frcm pollution and with the power to !
abate and prevent- air pollution in the State pursuant to ECL ! Article 19. l t
- 5. The Department is the agency of the State of New York '
- with jurisdiction pursuant to ECL Articles 3, 17 and 19 and the j i
Department's promulgated rules and regulations at 6 NYCRR Parts 380 and 703 to regulate the release of radioactivity to the environment. ;
- 6. The New York State Department of Labor (" DOL"),
l pursuant to the Labor Law, Section 27, General Business Law, > Article 28-D and 12 NYCRR Part 38 regulates certain of Respondents' activities regarding the use and presence of radioactive material at the facility including buildings 2 and 4, and pursuant to 12 NYCRR Section 38.22 has issued License No. 729-0322 in. respect to the possession and use of by-product material, , 7. The respective jurisdictions of the Nuclear Regolatory - i Commission- and the State of New York are reflected in the May, 1989 Letter of Agreement which is attached and made apart hereof ) l l
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l j as Appendix A. It sets forth the understanding of the i signatories as to the jurisdictions of the agencies.
- 8. Pursuant to Section 274 of the Atomic Energy Act, an ,
1 l Agreement between New York State and the Atomic Energy Commission l 3 i (now the Nuclear Regulatory Commission ("NRC")) was entered into, { f
- effective october 15, 1902, and as amended, said Agreement ;
i I 2 provides that NRC shall discontinue regulatory authority in New York State under Chapters 6, 7 and 8 and Section 161 of the l-Atomic Energy Act with respect to: A. By-product materials; D. , I Source- materials; and C. Special nuclear materials in quantities i not sufficient to form a critical mass. Consistent with the I 1 Atomic Energy Act, the said Agreement does not_ provide for b l discontinuance of any authority (and the commission retains authority and responsibility) with respect to the constructioni and operation of any utilization facility.
- 9. Cintichem, Inc., is a wholly-owned subsidiary of Medi-Physics, 'Inc. Cintichem, Inc., and Medi-Physics, Inc.,
! hereinafter referred to as " Respondents", own, operate- and/ori maintain control over a radiopharmaceutical manuf acturing ' ' 4 facility,- consisting primarily of a 5 megawatt research reactor, {. radioisotope production laboratories and low-level radioactive wa s te- storage areas, which encompasses an area of approximately ; I 100 acres in the County- of Orange, Town of Tuxedo, State of i New York-("the facility" or the " site").
- 10. Respondents allege, and the Department does not concede, as follows: the NRC, pursuant to the Atomic-Energy Act, 1
i has licensed Cintichem, Inc. to operate the nuclear reactor and l l l-l i l-
4 a 1 4 1 < hot cells pursuant to NRC License R-81. ahe initial license was , issued to the Union Carbide Corporation, construction having been . ,
- completed in 1959. The plant was fully operational by 1961. The license was transferred in 1981 to Union Carbide Subsidiary B ,
(UCS). The initial license was renewed through June 30, 2000 by ' NRC's order of September 28, 1984, and, as renewed, transferred from UCS to Cintichem, Inc. by NRC's order of July 2, 1985. The i 1984 License renewal included an environmental assessment by NRC. l The NRC's finding of No Significant Impact, dated September 14, 1984 concluded-that_ continued _ operation of the reactor will not lead to changes in effluents released from the facility to the , t environment, and will not result in any significant environmental ! impacts on air, water, land or biota in the area. Respondents' l reactor is licensed pursuant to Section 104 of the Atomic Energy Act, and is a " utilization facility" as defined at Section 11(cc) thereof. The reactor utilizes and Respondents' License SNM-639 authorizes use and possession of special nuclear material by the i licensee in a qua->.ity more than sufficient to form. a critical 4 mass.
- 11. The Union Carbide Corporation, Respondents' predecessor in interest, . consented to the Department's issuance of an order, dated September 13, 1978, wherein it agreed, among other things,,
to-limit the emission of airborne Iodine-131 to_the atmosphere to exceed 12 curies per year and to make every effort to keep not the-emission of Iodine-131 below the level of one curie per month until the Department established a- new emission limit for Iodine-131.
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1
- 12. Respondents voluntarily shut down the reactor on February 9, 1990. On February 13, 1990, the NRC issued an order Modifying License which modified NRC Licenses R-81 and $NM-639 and prohibited the re-start of the reactor prior to NRC authorization. On April 4, 1990, Respendents announced that they ,
do not intend to re-start the reactor and that they will seek NRC approval of a plan to decommission Buildings 1 and 2 at the site and, to the extent appropriate, approval from DOL. This order recognizes 'that as and when the NRC approves such a plan, the will proceed to wdify this order as appropri:te to Department accommodate decommissioning procedures authoriced by NRC and, to the extent appropriate, by DOL. Any activity to be undertaken by Respondents in furtherance of decommissioning pursuant to NRC f license amendment or order shall be exclusively governed by NRC except to the extent NRC commits any such matter in writing to be - regulated by the Department. Respondents have reserved all ; rights to be heard with respect to any such modification.
- 13. This order recognizes that Respondents will be modifying their commercial manufacturing operations at the site to phase out substantially all such operations at Buildings 1 and 2 (except for repackeJ ng i of Molybdenum-99 and xenon-133) within operations at Building 4 in a 60 days and. to continue substantially similar mode as in the past several years: product research and development and production and/or redistribution of finished radiopharma- ceutical products, including, but not limited to, various " cold kit" radiopharmaceutical preparation kits, the filling of technetium 99m generators and a Xenon gas
production line. The types of airborne radioactive emissions from this building will continue to consist primarily of - 4 t
. Xenon-133 and, to a lesser extent, Iodine-125, Iodine-131, and
' other noble gases. Airborne emissions of all radionuclides other thar ' tenon, argon and krypton from Building 4 will not exceed the maximum' permissible concentration ("MPC") as averaged over the previous twelve consecutive months at the point directly before a discharge is made into the air pursuant to 6 NYCRR Part 380, and 4 the Xenon, argon and krypton limit will be as further specified in paragraph II- of this Order. Except as noted above, where j a_ there is a mixture in air or water of more than one radionuclide, , the : limiting values for purposes of 6 NYCRR Section 380.9 shall be determined in accordance with 6 NYCRR Part 380, Appendix 5, Note a (1). i
- 14. On June 4, 1984, the Department issued a SPDES permit !
(#NY0004464) to Respondents for their wastewater system discharge l to the Indian Kill Brook at outfall 001 and for their non-contact j cooling water discharge to the storm drain thence to the Indian Kill Reservoir at outfall 002 for the period July 1, 1984, to June 30, 1989.- The SPDES permit prohibits the discharge of industrial or radioactive wastewater at outfall 002. A timely filed SPDEs permit renewal application is pending before the Department.
- 15. On- December 14, 1989, Respondents first notified NRC Region I and on December 18, 1989 advised the Department of radioactive contamination at manhole S-4 at the facility. The Department alleg35 and Respondents do not concede that on
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1 -q. October 18, 1989, groundwater which infiltrated the Building 2 basement contained thdioactivity in concentrations from 1.5 x 4 10~4 to 1.8 x 10~3 microcuries per .nilliliter, which are between 5,000 and 60,000 times the MPC level (3 x 10~0) established in 4
,6 NYCRR 5380.9 for mixtures of radionuclides for which either the i i
identity or the concentration of any radionuclide is unknown. , not concede The Department further alleges and Respondents do that: (a) Respondents did not notify the Department that there ! i a discharge of radioactive material to an uncontrolled area j 4
- iwas as required by 6 NYCRR $300.7 until December 19, 1989 and i therefore were in violation of that section during that time; (b)
- since October 18, 1989, the uncontrolled discharge caused or contributed to instances of exceedences of the ambient' groundwater standards established in 6 NYCRR 5703.5(a)(2)(iv) >
pursuant to ECL S17-0501. (i.e., the standards of raw water , i quality for radioactivity is 1000 picoeuries per liter gross } beta.); and (c) an identified source of the uncontrolled i discharge of radioactive materials to the groundwater was leaks ' i in the hot cell ventilation duct.
- 16. On December 19, 1989, and January 2, 1990, the Department conducted an inspection of Respondents' facility and collected groundwater samples from the area marked S-4 on the map attached and made a part hereof as Appendix B. Sampling point i S-4 is located up-gradient and in line of flow to the Indian Kill Reservoir which is being used as a drinking water supply for l . nearby residents. The Department alleges and Respondents do not concede that analysis of the water-samples at S-4 indicated that i
! the samples contained iodine-131 at concentrations exceeding the ambient groundwater standards established in 6 NYCRR 5703.5(a)(2)(iv). Respondents allege and the Department does not concede that no radioactivity in excess of starsdards passed beyond the site boundary.
- 17. During an extreme rain event on February 9, 1990, from i 12:30 a.m. until 8:30 a.m., Respondents made three separate I discharges of water (of approximately 10,000 gallons each) !
containing radioactive materials from the retention pond (5-12) l , through outfall 002. The Department alleges and Respondents do ; not concede that these ' discharges were in violation of the ! effluent limitations in SPDES permit #NY0004464 as they included radioactivity in discharges to the Indian Kill Reservoir, which { t were prohibited by the terms of the permit. >
- 18. The Department alleges and Respondents do not concede j s
on February 9, 1990, the concentration of iodine-131 in water pumped from the (S-3) storm drain was also measured and found to exceed the ambient groundwater standards established in 6 NYCRR 5703.5(a)(2)(iv). This water was treated by ion-exchange and released through SPDES permit outfall 001. ,
- 19. The Department alleges and Respordents do not concede :
that on February 10, 1990, Respondents violoted the effluent i limitations in SPDES permit 4NY0004464 when unLuthorized di.scharge of water from the retention pond, including water from
.the S-3 and S-4 storm drains, containing Iodine-131 and other radioactive material was dischargod through outfall 002 to the Indian Kill Reservoir.
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- 20. The Department alleges and Respondents it not concede .
5 that on February 13, 1990, the constntration of Iodine-131 in ground watet collected from veil dr 111ng at MW5 exceeded the
- ambient groundwater tanda':d s ( Stablished in 6 NYCRR l- 5703.5(a)(2)(iv). (MW5 is i d e n". 4 r i o J on the map attached and I-
.made a part hereof as Appendix C.)
Department. alleges and Respondents do not concede, t
- 21. The i
s , i that as described in paragraphs 15 through 20 inclusive, , Respondents violated the following provisions of the ECL and
' rules and regulation promulgated thereunder: ,
ECL SS 17-0501, 17-0505, 17-0507, 17-0511, 17-0701, 17-0803, and 6 NYCRR 55703.5(a)(2), and 751.1.
'2 2. The Department alleges and Respondents do not concede, -
i that as described in paragraphs 15 through 20 inclusive, !
~
Respondents failed to make every effort to keep radiation exposure in uncontrolled areas as low as practicable in violation i ! I of.6.NYCRR 5380.4(a).
-23. 6 NYCRR 5201.2(a) prohibits, except as provided in 5201.6, any person from commencing construction of an air contamination source or proceeding with a modification without "
having a valid permit to construct issued by the Commissioner.
- 24. 6 NYCRR 5201.2(b) _ prohibits the operation or use ofHan air contamination source unless the-owner has a valid certificate.
to. operate (or is operating -pursuant to an order of the Department). The Department alleges and Respondents do not concede that Respondents do not have a DEC certificate-to operate the air contamination sources they currently operate at the
. . _ , , . - _ - - _ _ _ , . . _ . . . _ . . _ _ . _ . . _ . . ~ . _ _ _ . - . _ . . . ,
-iO-I facility. Although Respondents do not ha'fe permits which the Department alleges are required by 6 NY'RR Part 201 and 6 NYCRR 5380.3(a), airborne emissions of Iodine-131 at Emission Point 2A have been governed by the 2978 Consent 0 der and emission of xenon, argon and krypton have been governed by a June 6, 1968, regulatory letter from Pilliam J. Kelleher of the New York State Department of Health to the Union Carbide j Corporation ("the 1968 DOH letter").
- 25. Respondents are subject to the provisions of 6 NYC11R i Part 380 (" Prevention and Control of Environmental Pollution by Radioactive P.aterials") inasmuch as there continue to be airborne i emissions of radioactive materials from Respondents' facility I which are within DEC's jurisdiction to regulate.
- 26. 6 NYCRR 5380.4(b)(1) provides in pertinent part as f I
follows: l
... no person shall discharge into the air ... i in any uncontrolled area any concentration of any radioactive material which, if averaged over any year, would exceed the limit thereof set forth in section 380.9 schedule 2 ...
[A)ny such concentration shall be determined at the point directly before a discharge is made into the air.... 27, 6 NYCRR S380.3(b) allows the Department to allow the limit for a concentration of radioactive material to be exceeded at the point of discharge if the applicant for a permit shows that " radioactive waste discharges are 'as low as practicable' and that exposures in any uncontrolled area do not exceed these in subdivisions (a) and (b) of section 380.4 of this Part "
i
- 28. Revision of the 1978 Order and the 1968 DOH letter is appropriate at this time in view of the foregoing.
- 29. Respondents have taken *xtensive measures to investigate the cause of radioactive materials found in groundwater at the site, to stop further releases, to determine I I
the extent and magnitude of contamination resulting from the releases, and to mitigate the effects of radioactive materials l l reletsed. These measures were taken with the knowledge of i i officials of NRC and DEC, and pursuant to their direction under !
'he NRC license and relevant State jurisdiction, respectively, and have included:
- a. c o ). l e c t i ng and analyzing for the presence of radioactivity numerous samples of water at Respondents' facility as well as samples of water in the Indian Kill Reservoir and ,
Indian Creek, an2 samples of aquatic biota and sediment in the j I Indian Kill Reservoir;
- b. constructing nine monitoring wells at the site, and several other .,sints within Building 2 where groundwater below the building can be sampled;
- c. est-;'.ishing a syst 'm to collect and process water to remove radioactivity prior to discharge; and
- d. initiating measures to shut down and decommission Buildings 1 and 2 at the site.
- 30. Respondents without any admission of fact or law, and while denying that the Department has jurisdiction over NRC licensed facilities or activities at the site, and having waived their right to a hearing as provided by law, and having consented l
2 I to the issuance and entry of this Order for purposes of settlement, but reserving all rights to be heard with respect to
'any . modification to this order, .and with respect to the
. resolution of-Kisputes as contemplated by paragraph XXIV of this i i
- Order, agree to be bound by the terms, provisions and conditions ~
Lset forth below in this order. Now, having considered this matter and being duly advised,
;IT IS ORDLRED THAT: !
I. The 1978 Order is superseded with respect to all its 1
- obligations provided, however, tne Department does not waive its l right to enforce violations of the 1978 order, if any,- in the
- event the Department seeks to enforce violations of this order. ,
4 Respondents do not waive any rights or defenses available under
. the 1978 Order, this order or as otherwise may be available by_
law. II. No later than 270 days after the effective date of this Order, or within the time provided pursuant to paragraph Iv(D) of ; this Order, which ever is later, Respondents shall submit applications for permits (or renewals of existing permits) for , all points of airborne radioactive emissions relating to commercial manufacturing operaticns at the facility as and to the extent required by the Department's regulations. Pending the-issuance by the Department of such permits and/or certificates, continued airborne radioactive emissions relating to commercial 1 manufacturing operations shall be limited as follows:
! l
.. - - _ = . _ -. . .-.. __ _ ~ .. .
_t (A) As to the airborne radioactive emissions from i Buildings 1 and 2 (Emission Point 2-A, as identified in Appendix A cf this Order): (1) there shall be no commercial manufactuting i operations except for repackaging of radioisotopes involving {
. molybdenum-99 and xenon-133 at Buildings 1 and 2, and airborne 1
- radioactive emissions shall not exceed the following:
(a) Molybdenum-99 : MPC; (b) Xenon-133: (i) through the 60th day l after the effective date of this order, the limit shall be as ! specified by the NRC licenses as now in effect or hereafter I modified, (ii) after the 60th day after the effective date of this Order, MPC; (c) Iodine-131: not to exceed 170 ,
- millicuries _per month; j I
(d) all other emissions shall not exceed the limits specified by the NRC licenses as now in effect or hereafter-modified, (2) the limits of sut: paragraph (A)(1) of this paragraph shall be modified (by modification to this Order) as appropriate to-be consistent with the exercise of jurisdiction by MRC as and when there is such an exercise. ( B )- Airborne radioactive emissions from Bu11 ding.4
-shall be governed as follows:
(1) Until futher determined pursuant to this-subparagraph emissions of Xenon-133 and other noble gases from emission point 2B in Building 4 shall not exceed the limits i
l t -specified in the 1968 UoH letter i.e., the release of argon, krypton, and xenon to an uncontrolled aret. shall not exceed 50 t times the limits set forth in Table #3, Schedule II, Column 1,. Appendix 1 of Part 16 of the New York Sanitary Code (superseded j i Ly 6 NYCRR 5380.9, Appendix 5). Within 45 days after the ! effective date of this order, Respondents shall submit to the . Department an approvable demonstration that this emission (or any other emission limit Respondents propose at that time), when combined
~
with all other airborne radioactive emissions from the l ' site, will meet the requirements of 6 NYCRR S380.3(b) consistent .vith the technical specifications reflected in the NRC licenses. This demonstration must include: (1) doce estimates showing that the emissions will not result in doses that exceed the limits of 6 NYCRR 5380.4 and (ii) a specific and detailed description of -measures taken to ensure that the amount of all radioactive materials discharged through emission point 2B is as low as , practicable. .The Respondent's submittal and the Department's determination upon this submittal shall be governed primarily by l 10 CFR 5520.105 and 20.106 and NRC Regulatory Guide 1.109 as well , as by 6 NYCRR Part 380. The procedures of Paragraph XII of this - Order apply to this submittal except that the Department must > notify the Respondents of approval.or disapproval of the initial submittal within 30 days; (2) Airborne-emissions of all radionuclides other than Xenon-133 will not exceed MPC averaged over the previous twelve months at the point of discharge pursuant to 6 NYCRR Part 380. i _ _ ._. _. -_ 1..
- . _. _ . _ - _ - ~ . _ _ _ _ _ _ _ . . _ - _ _ _ _ -
l l t I (3) Within 10 days after the effective date of {i
'this order, Respondents shall install thermoluminescent -
' dosimeters ("TLD") at the locations indicated on Appendix B. The ;
' dosimetry system used (including the selected phosphor j composition and the read out instrument and procedures) must have f oa sensitivity of 0.5 millirem. At each of the locations, an farray of at least three TLD elements shall be installed at a height between 0.6 and 1.3 meters above ground level, within one meter of the existing chain link fence. The TLDs shall be '.
I
' replaced at 30-day intervals. The TLDs collected from the field eshall be read within seven calendar days of collection and the results . reported to the Department within five business days ;
I 3after Respondents' receipt of results of the readings from the provider of the reading service. Reports of results must include documentation of calibration, all raw data, calculations and correctLons made (including those for fading), and an estimate of the error, i (C) all other airborne emissions of radioactive materials from all emission points at the facility shall meet the requirements of 6 NYCER 5380.3(b); (D) Respondents shall report to the Department, by no , later than the 15th day of the next succeeding month, the total activity, by radionuclide, of radioactive material released through emission points 2A and 2B (as identified in Appendix B of this order); III. Respondents shall continue to implement the ventilation duct and ground and surface water adioactivity
- - , ,- - ~ , . - - - - - - - - - - .,, .g.- , ,
f j , monitoring plan that is presently in place at the facility, i consisting of the following measures: l (1) sampling S-4 and the'nine on-site monitoring wells , i on a weekly basis; ; i (2) moniLoring of air pressure in and around the hot l i
, cell ventilation duct on a weekly basis; j (3) sampling of ground water and surface water from the other sampling points on-site on a weekly basis; (4) reporting available sampling data on a weekly basis to the Department; (5) treatment by ion exchange at S-4 until the water tin S-4 tests below 10% MPC for seven consecutive days before ion texchange treatment; (6) daily sampling of the reservoir at the intake
- point to the filtration system, until such time as all water
. testing on-site shows levels below 10% of MPC for seven consecutive days prior to testing, at which time reservoir l sampling shall thereafter be conducted on a weekly basis; (7) sampling of groundwater from S-4 and the !
monitoring wells on the site to determine the effectiveness of the repairs that were made to the hot cell ventilation duct in ', December 1989 and January 1990. Groundwater from S-4 shall be i sampled daily and groundwater from the monitoring wells on the site shall be sampled.three *imes a week until the concentration of radionuclides in the -samples collected from S-4 and all monitoring wells are-below 10% of MFC and do not increase for seven consecutive days. After that time, samples are to be i -- - . - , c .w.1- -, ,m.-,, , -
collected weekly. If the concentration of radionuclides in any 4 sample collected exceeds 10% of MFC, daily sampling of S-4 and ' thrice-weekly sampling of all monitoring wells shall be r e sur.e d until the concentration of radionuclides in the samples collected ' from S w and all monitoring wells are below 10% of MPC and do not i
. increase for seven consecutive days, ;
(8) gamma isotopic analysis of samples from S-4, S'3 and all the monitoring wells at a sensitivity such that the j detection limit is at least 1x 10-8 microcuries per milliliter i for- I-131; gamma isotopic analysis of all other samples at a sensitivity such that the detection limit is at least 0.1 MPC for l I-131. (9) Respondents shall notify the Department no later than one hour after the occurrence of any of the following: (a) the detection of a fivefold or greater l ' increase in the concentration of any radionuclide as compared to i the average concentration of that radionuclide in the previous 1 two samples collected from-the same sampling point; (b) the detection of any radionuclide at a level greater than 10 percent of MPC not previously detected at that sampling point since February 9, 1990; and (c) the detection of concentrations of any radionuclide at or above MPC. IV. Airborne Emission Evaluation Program ("AEE Program"). (A) Within 15 days after the effective date of this Order _ Respondents shall retain an independent third party to prepare and submit a work plan for evaluating the airborne l
1
. I l
emissions of all radioactive materials from all operations at the l facility -(the "AEE Program"). Within 30 days after the i i Department's approval of that - third party, Respondents shall submit the AEE Program to the Department. The AEE Program must be approved by the Department in accordance with Paragraph XII of this order and must include procedures for the-following: (1) identifying all airborne emission points and
'all airborne emissions; (2) evaluating the effectiveness of Respondent's methods for determining the rate and total activity of each l .radionuclide in airborne emissions; i I
(3) accurately determining the rate and total activity of each radionuclide in-airborne emissions; (4) evaluating the effectiveness of Respondent's methods for determining the radionuclide collection efficiency (a numerical measure of the percentage of radionuclides and other contaminants removed by the emissicc control equipment) of the existing emission control equipment and accurately determining ! the efficiency of the existing emission control equipment, i including the standards and NRC regulatory guides to be applied; (5) evaluating the soundness, integrity, and : effectiveness of all- ventilation systems for areas in which radioactive materials are used, transported, processed, or stored; and (6) developing preliminary designs for any needed replacements or modifications of the existing ventilation system, L including emission control and monitoring systems, necessary to
i ensure compliance with applicable regulations and to keep emissior.s of radioactive material as low as practicable. I t (B) In the event that Respondents will continue the j repackaging activities described at paragraph II(A) of this Order for more than 270 days after the effective date of this order,
- Respondents shall submit to the Department the ACE program' work iiplan contemplated by subparagraph (A) of this paragraph with
- respect to such activity concurrent with the application for i
permit for those emissions; (C) The AEE Report must be submitted to the Department
;75 days after the Department's approval of the AEE Program. The
-AEE Report must include the following:
(1) the results and conclusions of the evaluations required-in paragraph IV(A); (2) an analysis of the degree to which airborne
. emissions of radioactive materials are as low as practicable; i
(3) recommendations and preliminary designs for- ) the replacement or improvement of' emission control and monitoring l
' equipment; !
i (4) procedures- to ensure that airborne emissions i of radioactive-materials are as low as_ practicable and procedures i to ensure compliance with all applicable-rules and regulations of j the Department. (D) Within 30 days after the Department's approval of the AEE Report, or within 270 days after-the effective date of this Order, whichever is later, the Respondents shall submit to the Department complete application (s) for all required permits a l
i i and/or certificates for airborne emissions including those which l. . are necessary to implement the recommendations in the approved I
'AEE Report.
- v. Use of outfalls 001 and 002 (in SPDES Permit i
# NY0004464) shall be in accordance with the following:
(A) Respondents shall immediately cease using outfall ! 002 for any discharges of effluent and surface water runoff-from e 002 to Indian Kill Reservoir except as authorized pursuant to l this paragraph v. Respondents shall continue to divert water j
'from the retention pond to outfall 001 consistent with the {
following: i i (1) Respondents shall continue to sample and i
- discharge from the retention pond to 001 as follows
(a) Make all discharges from the ret.ention , pond in a batch mode to the 001 discharge point to the Indian
. Kill Creek downstream of the reservoir, in accordance with an established written procedure to be approved by the Department, following sampling and gamma spectral analyses to ensure that the I radioactive content is below the applicable MPC's.
(b) In the event that heavy rains or_ surface run-off to the retention pond requires that, to preserve its integrity, the-retention pond be emptied or lowered, prior to the completion of the analysis, on a batch basis, continuous pumping to the 001 discharge point may begin. -In that case, sampling and analysis of the holding pond shall be done on an hourly basis until the batch release process can be-re-established.
(c) Respondents shall immediately upon idetection notify the Department (by telephone within one hour; by 1 4
. written means as soon as reasonably possible) should any 4
. radioactivity be measured aoove background levels in the '
fretention pond or at S-1, or, should any unanalyzed release from i
;the retention pord occur to the Indian Kill Reservoir. For < purposes of this notification the sensitivity of analysis shall be such that at least 0.1 times the applicable MPC's can be !
detected. !
-(2) Within 15 days after the effective date of !
- this order, Respondents shall submit to the Department in a good l i
" faith, objective proposal for interim diversion of S-7 water away hfrom the retention pond. The proposal shall provide an " evaluation of alternatives which shall reflect appropriate
[ engineering .ar.d envi ronmental conside ra tions , including time for
' completion and cost factors. Within 15 days after Respondents' submittal the Department must notify Respondents of approval or ,
disapproval of the proposal; as and -when approved by the
. Department the proposal shall be deemed part of this order. .
(3) Pending completion of the proposal i contemplated by subparagraph V(A)(2), if storm water flow l emergency circumstances arise under which reliance on the approved method--for emptying the retention pond (as set forth in subparagraph V(A)(1) of this order) will not enable preservation l of the physical integrity of the retention _ pond, or when storm water in-flow to the retention pond exceeds the 700 gallons per j minute pumpout capacity from the retention pond, whichever occurs l l -. - -
first (the " emergency condition") Respondents shall immediately ,
's o notify the Department (immediately by ' telephone, and by
- written means as soon as reasonably possible) and thereafter proceed as follows: (i) excavate a temporary modification to the .
.,s t r e a m channel at S-7 to divert storm flow at S-7 from the ;
l retention pond and to the reservoir; (ii) immediately after the I jemergency condition ceases to exist, Respondents shall restore ithe strean channel at S-7 to its condition prior to the temporary j dmodification and shall immediately so notify the Department by ! l-telephone and written means; (it.' during the emergency condition diversion,' Respondents shall perform grab samples once every four hours, testing for parameters identified in paragraph V(A)(1)(c) yand suspended solids and pH. (4) Within 270 days after the effective date of
;this Order,. Respondents shall submit to the Department a complete ti
-: application for a SPDES permit reflecting a proposal for the I
permanent diversion of all flows which enter the retention pond l
.to Indian Kill Brook. The diversion at S-7 away from the retention pond into Indian Kill Brook may be incorporated into tthe SPDES application for the permanent diversion. The completion and maintenance of the permanent diversion, _will be incorporated as'a condition 1.. the SPDES permit.
(B) The concentration of radionuclides in wastewater released through outfall 001 of SPDES permit #NY0004464 shall'not exceed- MPC when averaged over_ the year and for mixtures of radionuclides, the sum of the ratios rule in 6 NYCRR S380.9(1) shall apply. Respondents shall report to the Department, by no
I l -later than the 15th day of the n xt succeeding month, the total activity, by radionuclide, of radioactive material released through outfall 001. Discharges of radionuclides through outfall 001 shall be sampled as follows: (A) Routine grab samples shall be collected and analyzed biweekly; all samples shall be [ collected in the 001 outfall before the discharge enters the LIndian Kill; and (B) At least two grab samples representative of the discharge shall be collected and analyzed prior to the discahrge of the contents of the-process water tanks through the t001 outfall. VI. Within 30 days after the effective date of this order, , Respondents shall retain qualified independent, third parties to Leonduct the Audit Studies set forth in subparagraphs VI(A) and (B) (as to all such similar matters, paragraph VIII of this Order ' applies). The Audit Studies must be signed by both an independent third party who is a professional engineer licensed to practice by the New York State Department of Education and an independent third pa r t:- who in a certified health physicist. Within 21 days after-the Department's acceptance of third parties 1 to conduct any of these Audit Studies, the Respondents shall i submit to the Department for approval an Audit Study Work Plan , detailing how each such Etudy is to be conducted, including milestones for completlon of identified component activities (to include achieving completion of all Audit Studies within three
-months of approval by the Department). The Audit Study Work Plan shall be undertaken for purposes of assisting the Department in administering applications for permits pursuant to paragraph II 1
i
3 l I t j l of this Order. The Audit Study Work Plan must identify those activities that have already been undertaken in response to
' previous orders or directions from the Department, the NRC, or the New York State Department of Labor. The Department will give jdue consideration to any reports which are prepared by the Cintichem External Audit Board and any reports which are required las a result of the exercise of jurisdiction by NRC, as satisfaction of the requirements of this paragraph. Any such
' reports may be substituted for the studies required pursuant to 4
ithe Audit Study Work Plan upon the approval of the Department, hThe Audit Study Work Plan will be reviewed and approved by the t l Department in accordance with Paragraph XII of this Order. On lia pp r oval , the Audit Studies Work Plan becomes a part of this Lorder, and non-ccaipliance with these work plans will constitute a
' violation of this Order. The Audit Studies shall be the subject 4
i of completed reports submitted to the Department for approval not nlater than the due dates approved in the Audit Study Work Plan. A l The Audit Studies shall address the following: 4 (A) An- analysis of operations related to commercial
-manufacturing at the facility (including management, operation, ,
and maintenance practices and contingency plans) to assess their i effectiveness in preventing environmental contamination, j maintaining releases of radioactive materials to the environment as- low as practicable, and detecting and responding to unintentional releases and failures of facility structures. This analysis must include recommendations for improvements and modifications to facility management, operation, and maintenance t I ,- . - , , , , . - . . . . . , - .- .. , . , - - , - . . . , . - - - ~ . , .
~25-
- procedures and facility contingency plans to increase i
-effectiveness in those areas.
(B) An environmental audit of the operations related -
- to commercial manufacturing at the facility to identify and
[ quantify all releases to the environment which are known upon the l . dexercise of due diligence correlated to the applicable 1 henvironmental regulations, and assessed as to the degree which it he facility is complying with applicable regulations, f n ,
- l VII. The Respondents shall develop and implement a remedial l
- program addressing radioactivity in groundwater and soil at the n
site which remedial program shall include a Remedial qInvestigation, and if the Department determines it is necessary )on the basis of the existence of a threat to the environment M dt aking into consideration applicable environmental criteria, a
- i
[ Feasibility Study (as contemplated by paragraph XVI of this u horder), design and implementation of the selected remedial F
- ! alternatives and operation, maintenance and monitoring of the
- selected remedial alternative for all radioactive contamination
>at -the facility; provided, however, that such remedial program .shall not encompass matters governed by decommissioning of ; Buildings 1 and 2 pursuant to NRC license amendment or order, except to the extent NRC commits any such matter in writing to be !
regulated by the-Department. VIII. Respondents shall employ qualified personnel or shall retain professional consultants, contractors, laboratories, quality assurance / quality control personnel and data validators acceptable to the Department to perform the technical,
, - . - _ . - - - --- . - .. . _ . - - .- - ~_ - . - - .-
h f! l tengineering and analytical obligations required by this Order. i LThe experience, capabilities and qualifications of the firms or hindividuals selected by Respondents shall be submitted to the
- Department within 10 days siter the effective date of this Order, p or within 10 days of the selection of the proposed firms or i h
hindividuals, whichever is later. The Department's approval of Y 1;the s e firms or individuals shall be obtained prior to initiation i
!of any hetivities for which the Respondents and such firms or
[ individuals will be responsible. IX. Within 30 days after the effective date of this Order, Respondents shall make available to the Department all data within their possession and control regarding environmental conditions on-site and off-site and other information described below, unless such data have previously been provided to the Department or the Department advices the Respondents that such data are not necessary to be submitted based on the Department's review of the data at the Respondents' facility, j (A) A brief history and description of the Site; l (B) A comprehensive list and copies of all existing relevant reports (including all annual reports submitted to the .
- United States Nuclear Regulatory Commission) with titles, authors i and subject matter, as well as a description of the results of all previous investigations of the Site and areas in the vicinity ;
- .of the Site, including copies of all available topographic and i
i property surveys, engineering studies and aerial photographs, l X. Within 60 days after the effective date of this Order, Respondents shall submit to the Department a Remedial h
c. Investigation Work Plan (which may include the "Hydrogeologic [ Investigation Work Plan" prepared by Leggette, Brashears and t liGraham, Inc., dated February 1990) for a Remedial Invectigation i Study. The Work Plan shall include, but not be limited to, the I h I following: j h (A) A review of work completed, conclusions and
;irecommendations from the "Hydrogeologic Investigation Work Plan";
(B) A chronological description of any necessary
, 1 ianticipated Remedial Investigation activities together with a {
l [ schedule for the performance of these activities; !
' l (C) A Sampling and Analysis Plan which shall include:
(1) A quality assurance project plan that describes the quality assurance and quality control protocols 1 - i necessary. to' achieve the data quality objectives. Included in j
' thi s' plan shall be the designation of a data validation expert l together with a description of such individual's qualifications !
1 and experience. (2) A program of sampling and analysis of the quality of water and the sediments in the Indian Kill Reservoir and the stream flowing from the retention pond to the Indian Kill l' Reservoir and the Indian Kill Brook downstream of the 001 outfall ' sufficient to identify any contamination emanating or which may I emanate from the facility (via air, water or earth); * (3) A program of sampling and analysis of aquatic , biota (including plankton, rooted aquatic vegetation invertebrates, fish and benthic organisms), from the Indian Kill Reservoir and the stream flowing from the retention pond to the i t
II U *
- s
!! b Indian Kill Reservoir and the Indian Kill Brook downstream of the ti iOO1 outfall for radioactive content as necessary; (4) Characterization of the vertical and I i l horizontal'extentofsurfaceandgroundwater contamination at and i
- emanating from the site; (D) A health and safety plan for the protection of i
persons at and in the vicinity of the Site during the performance ,!o f the Remedial Investigation which shall be prepared in accordance with applicable standards and reviewed and approved by a certified health physicist. Supplemental items shall be added i
- to this plan by the Respondents as required by the Department as necessary to ensure the health and safety of all persons at or in
- the vicinity of the site during the performance of any work pursuant to this Order.
XI. As provided for in paragraph XII, the Department shall Jnotify Respondents in writing of its approval or disapproval of
- the Remedial Investigation Study Work Plan and if the Respondents
'should submit any necessary revisions. As and when the Plan is i approved by the Department, Respondents shall perform the - ' Remedial Investigation Study in accordance with it.
XII. The Department shall review each of the submittals i made by the Respondents pursuant to this Order, and shall notify i the Respondents in-writing of its approval or disapproval of the submittal. -All approved submittals shall be attached to this i Order and shall become an enforceable part of this Order. If the Department disapproves a submittal, it shall so notify the Respondents in writing, and shall state the reasons for its t t l
,\-
E b & I ! disapproval. Within 30 days of receiving written notice (or such Ylonger time period as is designated by the Department in the written notice) that its submittals have been disapproved, 1 i Respondents shall make a revised submittal which addresses and l i resolves all of the Department's stated reasons for disapproving { hthe first submittals. After receipt of the revised submittal, I the Department shall notify the Respondents in writing of its
! approval or disapproval of the revised submittal. If the .
I Department disapproves the revised submittal it shall so notify
- the Respondent in writing, and shall state the reasons therefore.
l
'If within the following 15 days, the parties cannot resolve their differences, either party may request that the dispute be settled I
in accordance with the dispute resolution procedures set forth in Paragraph XXIV of this order. ; i XIII. In accordance with the time schedule contained in the :
-approved Work Plan, Respondents shall perform the Remedial ; Investigation and submit the status reports and other deliverables as defined in the Work- Plan and identify any additional data that must be collected. The Remedial Investigation Report shall be prepared and certified by an engineer licensed to practice by the State of New York, who may be an employee of a Respondent, or an -individual or member of a firm which is authorized to offer engineering services in accordance with Article 145 of the New York State Education Law, I
who shall certify that all activities that comprised the Remedial Investigation were performed in full accordance with the approved l Work Plan. t
q [ .. XIV. After receipt of the Remedial Investigation Report, ! [the Department shall determine if the Remedial Investigation was gconducted and the Report prepared in accordance with the Work l 1 h MPlan and this Order. As provided for in paragraph XII, the ; h l hDepartment shall notify the Respondents in writing of its ; approval or disapproval of the Report. U XV. The Department reserves the right to require a ll e imodification and/or an amplification and expansion of the ; l' Remedial Investigation and Report by Respondents if the i I' LDepartment determines, as a result of reviewing data gererated by Jthe Remedial Investigation or as a result of reviewing any other i
' data or facts, that further work is necessary, j XVI. If the Department determines in accordance with i
paragraph VII of this order that the investigations pursuant to l
- paragraphs VI, VII and/or X of this Order indicate that remediation is necessary,-Respondents shall prepare a feasibility ,
i study to evaluate appropriate remedial measures. After review l t L and approval of the selected remedial measures by the Department, i Respondents shall develop a remedial action plan- for l l implementation of the remedial measures, and, upon approval of this plan by the Department, the Plan shall become an enforceable i
.part of this Order.
The Department shall notify Respondents in writing of its approval or disapproval of the feasibility study and remedial action plan in accordance with paragraph XII of this order. XVII. The Department shall have the right to obtain split samples, duplicate samples, or both, of all substances and
~-~~----v n , . . , , , , , , , , , , , . _ _ __ _
f e U materials sampled by Respondents and the Department shall also Ihave the right to take its own samples. Respondents shall make 1 [available to the Department the results of all sampling and/or 0 Utests or other data generated by Respondents with respect to i rimplementation of this Consent Order, and shall submit these ii [results in the status reports required under the Work Plsn. 1 { XVIII. Respondents shall provide notice to tne Depa rtment at least 10 business days in advance of any field activitics other Lthan routine sampling, to be conducted pursuant to paragraphs X and XVI this Order. rield activities may proceed with less than l E10 business day's' advance notification, if agreed to by the
! Department or its authorized representatives and may proceed immediately if Respondents determine safety or environmental . considerations require immediate work, provided, however, I
Respondents will immediately notify the Department of the work l Land scope of the work, j i XIX. In addition to the permits or other approvals required l pursuant to paragraph II of this order, Respondents shall obtain l whatever other permits, easements, rights-of-way,
, rights-of-entry, approvals or -authorizations are necessary to perform Respondents' obligations under this order.
XX. Respondents hereby consent to the entry upon the Site or areas in the vicinity of the Site which may be under the. control of the Respondents,- by a duly designated employee, consultant, contractor or agent of the Department or any State agency provided the identity of said consultant, contractor or agent of the Department has previously been supplied to Respondents and i i
I;
; suitable confidentiality protections have- been arranged for
[ purposes of inspection, sampling and testing at I to ensure Respondents' compliance with this order. During implementation h [of the Remedial Program, Respondents shall provide the Department i' suitable office space at the site, including access to a [with stelephone, and shall permit the Department full access to relevant records and job meetings. XXI. Within 45 days after the effective date of this Order, Respondents shall obtain and provide to the Department financial i assurance in the form of an irrevocable letter of credit in the l amount of five million dollars ($5,000,000) for the completion of I twork as described .in paragraphs II, III, IV, VI, VII, X, XI, l XIII, and XVI of this order and for any repairs, remediation or l mitigation work determined to be necessary. Respondents shall establish an irrevocable standby trust fund, with an initial
, deposit of one thousand dollars (S1,000.00). The irrevocable e
letter of credit and the irrevocable trust fund agreement shall meet the following requirements: i (A) Letter of Credit (1) Is identical to the wording specified in
~ Appendix D for letters of credit, which is attached hereto and c made a part hereof; (2) Is issued by a New York State or federally chartered bank, savings bank, or savings and loan association, which has its principal office in New York, unless otherwise l'
approved by the Department; and l t
L h l (3) Is accompanied by a letter from Respondents ' referring to the Letter of Credit by number, issuing iristitution
+and date and providing the following information: the name and ; address of the facility and/or site wnich is the subject of the > t
[ Order and the amount of funds securing the Respondents' lperformanceofalltheirobligationsunder the order.
;: (B) Standby Trust l l \
(1) Is identical to the wording specified J. l
' Appendix E, which is attached hereto and made a part hereof; j (2) The irrevocable standby trust fund shall be ;
i the depository for all funds paid pursuant to a draft by the } Department against a letter of credit or payments made under the
' performance bond as directed by the Department; (3) The trustee shall be an entity which has the authority to act as a trustee and whose trust operations are i
regulated and examined by a federal or New York agency; (4) Is accompanied by an executed certification f of acknowledgment that is identical to the wording specified in { Appendix F. XXII. Respondents shall establish and maintain the standby trust fund until terminated by the written agreement of the Department, the trustee and Respondents, or of the trustee and the Department if Respondents cease to exist. Respondents shall maintain the letter of credit until the Department providee written notification to Respondents that the financial assurance is no longer required for compliance with this Order. In the [ event that the Department determines that Respondents have failed 1 i
- h. l I
g o lj !to perform any of their obligations under this Order, the Department may proceed to have the financial assurance deposited I
;into the standby trust; provided, however, that before the ! I ' Department draws on the letter of credit the Department shall Inotify Respondents in writing of the obligation (s) which they ,
h i
- have not performed, and Respondents shall have a reasonable time, fnot to exceed thirty (30) calendar days, unless approved in
! writing by the Department, to perform such obligations (s). j n i
; XXIII. At any time, Respondents may apply to the Department jto substitute other financial assurances in a form, manner and I iamount acceptable to the Department.
. XXIV. Dispute Resolution.
(A) The. Department and Respondents shall attempt to l
' resolve expeditiously and informally any disagreements concerning i
i lmplementation of this order or any -ork required under this l l Order. In the event any dispute arising under this order is not resolved expeditiously thrr_gh informal means, either party,
' desiring dispute resolution under this paragraph, shall give j prompt written notice to the other party.
(B) Within ten days after the service of notice of dispute pursuant to this paragraph, the party which gave the notice shall serve on the other party a written statement of the issues in dispute, the relevant facts upon which the dispur u is based, and factual data, analysis or opinion supporting its position, and all supporting documencation on which such party relies -(hereinafter called the " Statement of Position"). The other party shall serve its Statement of Position, including a
F d l l l I supporting documentation, no later than ten days after receipt cf the complaining party's Statement of Position. In the event that 10-day time periods for exchange of Statement of Position [these imay cause a delay in the work being performed under this order, b time periods may be shortened upon and in accordance with [the [ notice by the Department. (C) In the event that the dispute has not been resolved within 5 days after the exhange of statements of
; position, Department staff shall refer the dispute to the
- Commissioner (or designee thereof) who shall determine either:
- (1) a resolution of the dispute; or (2) that a hearing is required to' resolve a question of fact, in which latter case the
' dispute will be forwarded to the Department's Office of Hearings ,
i i for an expedited hearing consistent with relevant provisions of 6 1NYCRR Part 621. (D) An administrative record of any dispute under this
-paragraph shall be maintained by the Department. The record I
shall include the written notification of such dispute, the j Statements of Position served pursuant to -the preceding subparagraph, a record of hearing in the event a hearing is held, and any other relevant information. The record shall be available for review by all parties. (E) Upon review of the administrative record, the Commissioner (or designee) shall issue a final decision and order resolving the dispute. With respect to the final determination of the Commissioner (or designee), the Respondents shall have those rights granted pursuant to Article 78 of the Civil Practice i
_ , . - - _ - . - . ~ -~ ..- . . . . - . . - . . - .
}
b p ' i Law and Rules (CPLR)- of New York, provided that L Petition is filed within ten days of the receipt of final decision and order jissued by the Commissioner or his designee. In the review of any (dispute under this paragraph, either by the Commissioner or -
. pursuant to Article 78 of the CPLR, the Respondents shall have f
[the burden of proving that there is no rational besis for the i fDepartment's position. The invocation of the procedures stated l' I
.i n this paragraph shall not extend or postpone the Respondents' n
obligations under this order with respect to the disputed items, funless and until the Department finds, or the Court orders, ' lotherwise. XXV. Respondents shall not suffer any penalty under any of the terms of this Order, or be subject to any proceed'.ng or
. actions for any remedy or relief if it cannot comply with any
= requirements hereof because of an act of God, war, or other
' condition as to which negligence or willful misconduct on the part of the Respondents was not a proximate cause, including but not limited to, delays attributable solely to weather conditions or ' difficulties in obtaining necessary easements, permits (assuming Respondents have actively, timely and in _ good faith proceeded to obtain such permits)1 or rights-of-way. An act of i I
' God is an unforseeable disaster arising exclusively _from natural causes which the exe:cise of ordinary human prudence could not have prevented. This provision shall in no way excuse delays o; i failures to perform which are the result of increased cost expenses. Respondents shall within five (5) days nctify the Department in writing when it obtains knowledge of any such
. . _ _ -_ . . _. . = . . . -_ ..- _ _ . .
j il E ! Leondition and shall include in such notice the measuren taken and ! to be taken by Respondents to prevent or minimize any delays and ! i
?shall request an appropriate extension or modification of the i 18 jterms of this Order. Respondents shall have the burden of I:
jproving that an event is a defense to compliance with this order pursuant to this section. Failure to give such notice in a [tiaelymannershall constitutt a waiver .f any claim that a delay
- i
'is not subject to 9enulty pursuan" to th's section, j f XXVI. The failure of the Respondents to comply with any term
!of this Order shall be a viola t4 on of this Order and the ECL. !
xxvII. Penalties. In respect of the aforesaid alleged violations, a civil penalty in the amount of $300,000 (three
'hundred thousand) is hereby assessed against Respondentr, which amount shall be paid by Respondents to the Department not later ,
f
;than 20 days af ter the effective date of this order.
XXVIII. Respondents shall be liable for payment of the sums set { forth bel as stipulated penalties for each day or part thereof l i that the Respondents are in violation of the submittal requirements of paragraphs II, III, IV, V, VI, VII, X, XI, XIII, and- XVI of this Order and continue to accrue through the final day of correction of any violation. A submittal shall be deemed ! to have been made when postmarked or provided to a prisate courier service and submittals shall be sent as provided in paragraph xxxVI of this order. All penalties begin to accrue on the first day the Respondents are in violation of the terms of this order. The following stipulated penalties shall bi due and ; payable within fifteen days of receipt of notification from the 1
]
j I u fDepartment assessing the penalties, If such payment is not i
! received within 15 calendar days after such notification by the i
3 Department is received by the Respondents, interest shall be b payable at the rate of nine percent on the overdue amount from I day of which it was due through, and including the date of {the payment. Penalties shall be paid by check or money order made I payable to "New York State Department of Environmental
, iConservation" and delivered personally or by certified mail, n
[ return receipt requested, to the Depa r tment's Deputy i ICommissioner/ General Counsel at the address set forth in 0 jparagraph XXXVI of this Order. Payment of the penalties shall i I.nct in any way alter Respondents' obligation to complete i
; performance under the terms of this Order. Stipulated penalties shall be due and payable under this paragraph pursuant to the ,
'following schedule:
PERIOD OF NONCOMPLIANCE PENALTY PER DAY t 1st day through 15th day $ 1,000 l 16th day through 30th day $ 5,000 l 31st and thereafter $10,000 XXIX. Nothing contained in this Order shall be construed as barring, diminishing, adjudicating or in any way affecting any of . the Department's rights including, but not limited to, the j s : following: i i (A) the Department's right to bring any action- cr i i proceeding against anyone other than Respondents, their director (s), officers, employees, servants, agents, successors and assigns; r, h r
(D) the Department's right to enforce this Order ! L !
;a g a i r.s t respondents, their directors, officers, employees, !
servants, agents, succestors and assigns in the event that lEespondents shall fail to satisfy any of the terms hereof; i ! (c) the Department's right to bring any action or !
; proceeding against Respondents, their ditectors, officers, !
; employees, servants, agents, successors and assigns with respect lto claims for natural resources damages es a result of the release af hacardous substances or constituents or radioactive j materials at or from U.c Site or areas in the vicinity of the i i
Site; provided, however, that upon Respondents' completion of the j Remedial Investigation and the Department's determination that a reasibility Study will not be required, raspondents may seek modification of this Order to eliminste this paragraph; and l (D) the Department's right to bring any cetion or l proceeding against Eespondents, their directors, officers, employees, Farv-v c, agents, successors and assigns with respect I to hazardous , '
,tances that may be present at the Site or that i may have migrated from the site.
XXX. This order shall not be construed to prohibit the Comi,,..sioner or his duly authorized representative from 4 exercising any summary abatement powers XXXI. Respondents shall indemnify and hold the Department, ; the State of New York, and its representatives and employees harmless from all claims, suits, actions, damages and costs of every name and description arising out of or resulting from the fulfillment or attempted fulfillment of this Order by I
i (Respondents, their directors, officers, employees, servants,
, agents, heirs, successors or assigns. Respondents do not assume a
L11 ability for the negligent or intentionally tortious acts of the Department, he State of New York and their LepreGentatives or i jemployees. i( XXXII. The Effective Date of this Order shall be the date it [issigne/bytheCommissioner(ordesignee). L XXXIII. If Respondents desire that any provision of this-Order
!be changed, they shall make timely written application to the (Commissioner, setting forth reasonable grounds for the relief isought. A copy of such written application shall be delivered or mailed as noted in paragraph XXXVI of this order.
XXXIV. Within 60 days af ter the Ef f ective_ date of _ this order, Respondents shall file a declaration of covenants and restrictions with the Orange County Clerk to give all parties who
'may acquire any interest in the site notice of this Order. The Department will consent to the removal of such declaration upon the fulfillmens vf the terms of this order.
, XXXV. In the event Respondents propose to convey the whole or ! any part of their ownership interest in the facility or site, j Respondents shall, not fewer than 60 days prior to the proposed ; I conveyance, notify the Department in writing of the identity of ! the transferee and of the nature and date of the proposed ! conveyance and shall notify the transferee in writing, with a i copy to the Department, of the applicability of this order. XXXVI. All communications required by this order shall be transmitted as follows: I i L l
- _ . . ._. . _ _ . . _ . _ _ . , _ _ - _ - _ ~ . - _ . .___._ _ -...._..--_ _ _ _. . .
(A) Written communications shall be by United States bPostal Service, by private courier service, or hand delivered as 1 1follows: i: , (1) Communication from Respondents shall be made L i,jasfollows: fl (a) Marc Gerstman, Esq. p Deputy Commissioner and General Counsel , j' New York State Department of Environmental conservation 50 Wolf Road l
~
Albany, New York 12233-15s0 , it (b) Director, Bureau of Radiation New York State Department of Environmental Conservation 50 Wolf Road ; Albany,-New York 12233 (2) Copies of work plans and reports shall be submitted as follows: (a) five copies to the Director, Bureau of Radiation (b) two copies to NYSDEC, Reg.on 3, Regional Director l l ' to be made from the Department I (3) Communication to the Respondents shall be made as-follows: (a) Mr. James McGovera . Cintichem, Inc. 1 Long Meadow Road i P.O. Box 816 ! Tuxedo, New York 10987-0816 , (b) John D. Alexander, Esq. Senior Counsel I Hoffmann-LaRoche, Inc. 340 Kingsland Street Nutley, NJ 07110-1199 (c) G.S.-Peter Bergen
-LeBoeuf, Lamb, Leiby & MacRae 520 Madison Avenue New York, New York 10022 ,
t
i 1 I (4) The Department and Respondents respectively i reserve the right to designate additional or different addresses
' f or communication or written notice to the other.
(B) Telephone communications from Respondents required I pursuant to pa ragraph V(A)(1)(c) and V(A)(3) shall be made as follows: 1 (1) telehpone: 1-800-457-7362 l t (2) telecopy: 1-518-457-1088; or 1-518-457-3978 l XXXVII. Re s pondent s , their officers, directors, agents, I t servants, enpl oyee s , successors and assigns shall be bound by j this order. XXXVIII. The terms hereof shall cont,titute the complete and ! entire order between Respondents and the Department concerningj l the site. No terms, conditions, understandings or agreements ! I purporting to modify or vary the terms hereof shall be binding unless made in writing and subscribed by the party to be bound. ! i No informal advice, guidance, suggestions or comments by the Department r egarding repor ts, proposals, plans, specifications, schedules or any other submittals shall be construed as relieving Respondents of their obligations to obtain such formal approvals as may be required by this order. Dated:(Mg [/ fjg Thomas C. Jorling [
\/
Commissioner New York State Department of Environm ntal Conservation By: gg(L_ _ fD, 1
- - - - - - - - - - - ~ _ _ . - _ _ _ _ _ _ _ _ _ _ . _ _ __ _ _
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! 43 ..
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; CO!1SE!;T BY RESPO!iDENT l
Respondent hereby consents to the issuing and entering of the foregoing Order, waives its riyh to a hear g herein as l provided by law, and agrees to e bound by th provisions, l terms and conditions contained he'e . BY: kfb # . .N!. ' TITLE: I' rci14 tnt._Medi-Phy11Lt.__.Inc i DATE: May 22, 1990 , i b State of New Jersey )
) ss.: .
1 ' County of Bergen ) l On this 2.2nd day of May , 1990, before me personally came __EI.edric}LEunnt , to me known, who being l i duly sworn, did depose and say that he resides in _Mahwah__ q Rew__ler s ey ; that he is the EI_es.if en.t of Y Medi-P_hy.nics Inc , the corporation described in and which t U executed the foregoing instrument; that he knew the seal of said corporation; that the seal affixed by the order of the
;i 1 Board of Directors of r ud corporation, and that he signed his i
! name thereto by like order.
i
'I N A:Y G lOMl69[.-.-
Notary Public
; DONK4 SHUtWW W Pubic of Nwjway W Causse D#w Med 2, tw4 l!
C0!1SENT BY RESPO!4 DENT 1 o Respondent hereby consents to the issuing and entering of foregoing Order, waives its right to a hearing herein as lthe provided by law, and agrees to be bound by the provisions, terms band conditions contained herein. 1
,/ ,/
I [ . h BY: ,.
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T1TLE: fYG CU $v'6! t l(( ff?fd ID?/JT L DisT E :
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N8R) & 2.5b0 S t a t e o f -tasu--Yt+k ') County of hbbk[b 3 on this c). racL. day of /lld( I , 19h before be personally came L)/rv/C J' G4//g #6/se , to me known, who being duly did depose and say that he resides in T) MCd . Aldu) Yd2. / l swot.n, i that he is the the bluLWD'LCE VHDLht ot C iv n c H e.92
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corporation described in and whlch executed the foregoing instrument; that he knew the seal of said corporation; that the seal affixed to said instrument was such corporate seal; that it was so affixed by the order of the Board ofDirectorsofsaidl corporation, and that he signed higname thereto-by like order. l lll{n[lIY< V [ ? /^//.f4/)(g.; ('
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Notary P0blic .y i therf hMs of pes)sur i Wr Osamiehe Eights Munk&194 I I l
APFDOIX A , n .
- i LETTER OF AGREEMENT This is to confirm the general agreement reached during a September 23, 1957 ,
meeting between the U.S. Nuclear Regulatory Commission staff and two agencies of the State of New York, the Department of Labor and the Department of Environmental Conservation, regarding jurisdiction over activities at the Cintichem, Inc. facility in Tuxedo, New York and the impact of that i jurisdiction on inspection and enforcement activities conducted by the l respective agencies. As a result of that meeting and previous discussions, the agencies agreed that there was a need to formalize the understanding of NRC and State of New York jurisdiction at the Cintichem site and to establish ! a procedure for the interaction and coordination between the respective agencies on inspection and> enforcement activities. A. With regard to statutory authority it is understood that: (1) The NRC has exclusive jurisdiction over the Cintichem research reactor pursuant to 10 CFR part 50 and NRC License No. R-S1; (2) The possession and use of special nuclear material outside cf , the research reactor is covered by NRC License No. SNM-639 and is also under the axclusive jurisdiction of the NRC. This jurisdiction extends to any area of the Cintichem site where SNM is possessed or used. (3) The State of New York, through an agreement between the NRC and the State pursuant to Section 274 of the. Atomic Energy Act, has exclusive jurisdiction over the possession and use
.., of byproduct material anywhere on the Cintichem site, exclusive of the reactor; and (4) Nothing in this Letter of Agreement changes or modifies in any way the statutory jurisdiction of the NRC and the State of New York.
B. Given the aforementioned jurisdictions, the following has been agreed to regarding inspection activities. (1) Reactor operations authorized under NRC License R-31 will ' continue to be inspected exclusively by NRC; (2) The possession and use of byproduct material- under New York g State License Number 729-0322, such as the production of radiopharmaceuticals where the presence of SNM is not expectec, I will centinue to be inspected exclusively by the Stat?: and t ( l l l J' -
~ 2 % (3) The remaining areas of the Cintichem site, where the use of 1 byproduct material under State license and special nuclear ; - material under NRC License SNM-639 is not physically separable, will be subject to inspection by both the NRC . and the State. Each of the three agencies will enforce their respective regulations, as applicable. C. We turther agree that, with respect to situation B.(3) above, the following procedures will govern the activities with regard to onsite invections: (1) Each of the three agencies will notify the others of their intent tu conduct an inspection at the Cintichem facility; (2) Each of the three agencies reserves the right to accompany the agency conducting the inspection, on the inspection; (3) The three agencies will coordinate enforcement actions on a case-by-case basis in order to minimize duplication or inconsistent inspection findings, citations, orders, civil penalties, etc., in areas of dual responsibility. Each of the three agencies reserves the right to pursue further enforcement action if it is required by law or ctherwise deemed necessary; and (4) Copies of licensee responses to enforcenent actions by the agency conducting the inspection wili be provided to each of the other agencies. The three agencies will make a good faith, best efforts attempt to come to timely agreement as to the acceptability of the licensee's corrective actions. However, the agency conducting the inspection will have
% final responsibility for the acceptability of the corrective actions. Each agency reserves the right to obtain additional information from the licensee as permitted by law, if required or otherwise dcemed necessary by that agency.
FOR THE U. S. NUCLEAR REG'JLATORY COMMISSION n //$w ( I9b7 Malcolm R. Knapp, r Itor
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g/ Datb Division of Radia,i,n Safety and Sateguards
3 i FOR T,4,' NEW YORK STATE DEPARTMENT OF LABOR , I
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. 5-//-79 Fran is /J. Bra ' Date' Fri ipal Radi cist FOR THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION 4
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N. G. Kaul, Director Date Division of Hazardous Substances Regulation
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ON g N tqn 14l- Mr smpla/ 5t wecl4lf S' ' b * *'a ' 9 Sp e<dvem sh p) e o nt ov{rdes - e nrp h e.rr3 O cv Z f3/ INDIAN KILL RESERVOIR , CINTICHEM, INC. LEGEND TUXEDO, NEW YORK PROPOSED MONITORING WELL a WATER SAMPLING LOCATION PROPOSED MONITORING WELL LOCATIONS 1 8UILDING NIR.TBER oart nEvisto entrAnto ev: ticcm nnAsnEAasa SOURCE: BASE CONSTRUCTED BY THE OSBORN COMPANY, ( <.) we m.m men DRAWING NUMBER 6847-L1, 2/24158 (:# **u*m , !
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) 4 3 1. n j APPENDIX D IRREVOCABLE LETTER OF CREDIT WORDING r
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i i s l l.. l-t
, 1990 Commissioner NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION 50 Wolf Road Albany, New York 12233 Dear Sir or Madams we hereby establish our Irrevocable Standby Letter of Credit No. in your favor, at the request and for the account of company name and -address up to the aggregate amount of amount written out U.S. Doll a r s ($ amount ),
available upon presentation by you of (1) Your sight draft, bearing reference to this letter of credit No. , and (2) Your signed statement reading as f ollows : "I certify that the amount of the draft is payable pursuant to the terms and provisions of the , 19_ , consent orde r executed by the New York State Department of Environmental Conservation and company in order to remedy contamination identified at (site and location) . This letter of credit is irrevocable and issued for a period of at least one (1) year. This letter of credit is effective as of ( ) and shall expire on ( ), but such l
- - ,, , , . _ __ , . ~ _ . _ . .. - _- - . . . - . . . , _ _ _ . . . . . _ . , - , , ~ , ,
expiration date shall be automatically extended for a period of ( ) on ( ), unless, at least 120 days before the current expiration date, we notify both you and company by certified mail that we have decided not to extend this letter of e.redit beyond the current expiration date. In the event you are so notified, any unused portion of the credit shall be available upon presentation of your sight draft for 120 days after the date of receipt by both you and company _
, as shown on the signed return receipts.
Whenever this letter of credit is drawn on under and in compliance with the terms of this credit, we shall duly honor such draft upon presentation to use, and we shall deposit the amount of the draft directly into the standby trust fund of company or any other NJEP account in accordance with your instruc'.lons. This letter of credit is subject to (insert "the most recent edition of the Uniform Customs and Practice for Documentary Credits, published by the International Chamber of Commerce," or "the Uniform Commercial Code"). Very truly yours, (Name of Issuing Bank) (Signature and Title of official] [Date}
i mq APPEtIDIX E STANDBY TRUST AGREEME!1T WORDI!4G
TRUST AGREEMENT Trust Agreement,
- Agreement", entered into as of (date) company known as " Grantor and issuing by and between institution the " Trustee".
Whereas, the New York State Department of Environmental . Conservation "NYSDEC", an agency of the State of New York, has entered into a Consent Order Number with Grantor dated
, 19_), to cleanup environmental contamination identified at site and location, a tspy of which is annexed hereto as Schedule "A", pursuant to which Grantor is obligated to establish a trust fund to assure the availability of funds to secure the performance of Grantor's obligations under that Consent Order.
Whereas, the Grantor, acting through its duly authorized officers, has selected the Trustee to be the trustee under this e Agreement, and the Trustee is willing to act as trustee. Now, therefore, the Grantor and the Trustee agree as follows: e Section 1. Definitions. As used in this Agreement: (a) The term " Grantor" means company who enters into this Agreement and any successors or assigns of the Grantor.
(b) The term " Trustee" means the Trustee who enters into this Agreement and any successor trustee, who has the authority to act as a trustee and whose trust operations are regulated and examined by a Federal or New York agency. The name, address, and
?
title of the Trustee ist (c) The term " Commissioner" means the commissioner of the New York State Department of Environmental Conservation. (d) The term " Beneficiary" means the New York State Department of Environmental Conservation. (e) The term "NYSDEC" means the New York State Department of Environmental Conservation. Section 2. Identification of racilities and Cost Estimates. This Agreement pertains to the facilities and cost estimates identified on attached Schedule "A". Section 3. Establishment of rund. The Grantor and the ustee hereby establish a trust fund, the "rund", for the benefit of NYSDEC. The Grantor and the Trustee intend that no third party have access to the rund except as herein provided. The rund is
established initially as consisting of the property, which is , acceptable to the Trustee, described in Schedule "B", attached hereto. Such property and any other property subsequently transferred to the Trustee is ref e r red to as the rund, together with all earnings and profits thereon, less any payments or distributions made by the Trustee pursuant to this Agreement. The rund shall be held by the Trustee, IN TP,UST, as herein provided. The Trustee shall not be r e sponsible nor shall it undertake any responsibility for the amount or adequacy of, nor any duty to collect from the Grantor, any payments necessary to discharge any liabilities of the Grantor established by the NYSDEC. Section 4. Payment for Performance of Administrative Consent o r d e r_._ The Trustee shall make payment f rom the rund as the NYSDEC Commissioner shall direct, in writing, to provide for the payment of the costs of performing Grantor's obligations under the
, 19_ , Consent Order (annexed hereto as Schedule "A"). The Trustee shall r e imbu r s e the Grantor or other persons, as specified by NYSDEC, in such amounts as the NYSDEC shall direct in writing. In addition, the Trustee shall refund to the Grantor such amounts, as the NYSDEC specifies in writing. Upon refund, such funds shall no longer constitute part of the rund, as defined herein. -
Section 5. Payment Comprising the rund. Payments made to the Trustee for the rund shall consist of cash or securities acceptable to the Trustee.
4 Section 6. Trustee Management. The Trustee shall invest and reinvest the principal and income of the rund and keep the rund invested as a single fund, without dittinction between principal and income, in accordance with general investment policies and guidelines which the Grantor may communicate i n writing to the Turstee from time to time, subject, however, to the previsions of this Section. In investing, reinvesting, exchanging, selling and managing the rund, the Trustee shall discharge his/her duties with respect to the Trust fund solely in the interest of the beneficiary and with the care, skill, prudence and diligence under the circumstances then prevailing which persono of pruduce, acting in like capacity and familiar with such matters, would use in the conduct of an enterprise of a like character and with like aims, except thatt (i) Securities or other obligations of 'the Grantor, or any other owner or operator of the facilities or any of their dffiliates, as defined in the Investment company Act of 1940, as amended, 15 U.S.C. 80a-2(a), shall not be acquired or held, unless they are securities or other obligations of the rederal or a State government; I I (ii) The Trustee is authorized to invest the rund in time or demand deposits of the Trustee, to the extent insured by an agency of the rederal or State government; and n ' - - - - . ~. ._. . _ _ _ , , _ _ .. _ , _ _ _ . . _ , _ . _ _ _ _ _ ,_
(iii) The Trustee is authorized to hold case awaiting investment or distribution uninvested for a reasonable time and without liability for the payment of interest thereon Section 7. Commingling and Investment. The Trustee is expressly authorized in its discretion (a) To transfer from time to time any or all of the assets of the rund to any common, commingled or collective trust fund created by the Trustee in which the rund is eligible to participate, subject to all of the provisions thereof, to be commingled with the assets of other trusts participating therein; and (b) To purchase shares in any investment company registered under the Investment company Act of 1940, 15 U.S.C. 80a-1 et seq., including one which may be created, managed,' underwritten, or to which investment advice is rendered or the shares of which are sold by the Trustee. The Trustee may vote such shares in its discretion. Section 8. Express Powers of the Trustee. Without in any way limiting the powers and discretions conferred upon the Trustee by the other provisions of this Agreement or by law, the Trustee is expressly authorized and empowered:
1 i i (a) To sell, exchange, convey, transfer, or otherwise dispose of any property held by it, by public or private saic. No person dealing with the Trustee shall be bound to see to the application of the purchase money or to inquire into the validity or expedience of any such sale or othe: disposition; (b) To make, execute, acknowledge and deliver any and all documents of transfer and conveyance and any and all other instruments that may be necessary or.-appropriate to carry out the powers herein granted; (c) To register any securities held i n the rund in its own name or in the name of a nominee and to hold any security in bearer form or in book entry, or to combine certificates representing such securities with certificates of the same issue held by the Trustee in other fiduciary capacities, or to deposit i or arrange for the depos;t. of such securities in a qualified central depository even though, when so deposited, such securities may be merged and held in bulk in the name of the nominee of such depository and with other securities deposited therein by another person or to deposit or arrange for the deposit of any securities issued by the United States Government or any agency or instrumentality thereof, with a rederal Reserve bank, but the books and records of the Trustee shall at all time show that all securities are part of the rund; 1
- a- , ,,.v, - , - - - , . - .- ,,-n-- r a,-e n~- < -n---, -- - , - - , -
(d) To deposit any cash in the rund in interest-bearing accounts maintained or savings certificates issued by t.e Trustee, ia its separate corporate capacity, or in any other banking institution affiliated with the Trustee, to the extent insured by an ag=ncy of the Federal or State government; and (e) To compromise or otherwise adjust all claims in favor of or against the rund. Section 9. Taxes and Expenses. All taxes of any kind that may be assessed or levied against or in respect to the rund and all brokerage commissions incurred by the rund shall be paid from the rund. All other expenses incurred by the Trustee in connection with the administration of this Trust, including fees for legal services rendered to the Trustee, the compensation of the Trustee to the extent not paid directly by the Grantor and all other proper charges and disbursements of the Trustee shall be paid from the rund. Section 10. Annual Valuation. The Trustee shall annually, at least 30 calendar days prior to the anniversary date of establishment of the rund, furnish to the Grantor and to the NYSDEC a statement confirming the value of the Trust. Any securities in the fund shall be valued at market value as of no more than 60 calendar days prior to the anniversary date of establishment of the rund. The failure of the Grantor to object in writing to the Trustee within 90 calendar days after the
statement has been furnished to the Grantor and the NYSDEC shall constitute a conclusively binding assent by the Grantor, barring the Grantor from asserting any claim or liability against the Trustee with respect to matters disclosed in the statement. Section 11. Advice of Counsel. The Trustee may from time to time consult with counsel, who may be counsel to the Grantor, with respect to any questions arising as to the cons t ruc tior; of this Agreement of any action to be taken hereunder. The Trustee shall be fully protected, to the extent permitted by law, in acting upon the advice of-counsel. Section 12. Trustee Compensation. The Trustee shall be entitled to reasonable compensation for its services, as agreed upon in writing from time to time with the Grantor. Section 13. Successor Trustee. The Trustee may resign or the Grantor may replace the Trustee, but such resignation or replacement shall not be effective until the Grantor has appointed a successor and this successor accepts the appointment. The successor trustee shall have the same powers and duties as those conferred upon the Trustee hereunder. Upon the successor trustee's acceptance of the appointraent, the Trustee shall assign, transfer and pay cver to the successor trustee the funds and properties then consituting the rund. If for any reason the Grantor cannot or does not act in the event of the resignation of the Trustee, the Trustee may apply to a court of competent _ . - - - . , - - - - - - -_.,._..y . . . . c rx. . ,.3m.. .,7_...
- - . _ - - _ - - - . - - ~ . -- - _
=. _ ~ . . - - -. _- ._-
2 jurisdiction for the appointment of a successor trustee or for instructions. The successor trustee shall specify the date on which it assumes administration of the trust in writing sent to the Grantor, the NYSDEC and the present Trustee by certified mail 10 calendar days before such change becomes effective. Any expenses incurred by the Trustee as a result fo any of the acts contemplated by this section shall be paid as provided in Section 9. Section 14. Instructions to the Trustee. All orders, requests and instructions by the Grantor to the Trustee shall be in writing, signed by such persons as are designated in the attached Schedule "C". The Trustee shall be fully protected in acting without inquiry in accordance with the Grantor's orders, requests and instructions. All orders, requests, and instructions by the NYSDEC to the Trustee shall be in writing, signed by the NYSDEC Commissioner or his designee and the Trustee shall act and shall be fully protected in acting in accordance with such orders, request and instructions. The Trustee shall have the right to assume, in the absence of written notice to the contrary, that no event consitituting a change or a termination of the authority of any person to act on behalf of the Grantor or NYSDEC hereunder has occurred. The Trustee shall have no duty to act in the absence of such orders, request and instructions from the Grantor and/or NYSDEC, except as provided herein.
, . . . - , . -. , , . . , . , ., - . - - - , - - - - , , - - . - , . , - , -. , - _ - - - - . . ,----n
_ _ _ _ _ _ . . - _ _ _ , ---_____.._m _ . . _ _ _ - - _ _ . _ . _ _ - - . _ _ _ _ _ _ . _ . . _ . _ . _ _ _ _ _ _ _ _ _ _ _ 4 Section 15. Amendment of Agreement. This Agreement may be andended by an instrument in writing executed by the Grantor, the Trustee and the NYSDEC or by the Trustee and the NYSDEC if the Grantor ceases to exist. Section 16. Irrevocability and Termination. Subject to the right of the parties to amend this Agreement, as provided in Section 15, this Trust shall be irrevocable and shall continue until terminated at the written agreement of the Grantor, Trustee, and the NYSDEC or of the Trustee and the NYSDEC, if the Grantor ceases to exist. Upon termination of the Trust, all remaining trust property, less final trust administration expenses, shall be delivered to the Grantor. Section 17. Immunity and Indeminifcation. The Trustee shall not incur personal liability of any nature in connection with any act or omission, made in good faith, in the administration of this Trust or in carrying out any directions by the Grantor or the NYSDEC issued in accordance with this Agreement. The Trr t shall be indemnified and saved harmless by the Grantor or the is id , or both, from and against any personal liability to which the Trustee may be subjected by reason of any act or conduct in its official including all expenses reasonably incurred in its capacity, ! defense in the event the Grantor fails to provide such defense. I e. l
' ~+- -----_.,-m. , _ , , , , , _ _ _ , _. .
i Choice This Agreement shall be Section 18. Law. of administered, constructed and enforced according to the laws of the State of New York. Section 19. Interpretation. As used in this Agreement, words in the singular include the plural and words in the plural include'the singular. The description headings for each Section of this Agreement shall not affect the interpretation or the legal efficacy of this Agreement. In Witness Whereof the parties :1 ave caused this Agreement to be executed by their respective officers, duly authorized, and their corporate seals to be hereunto affixed and attested, as of the date first above written: (Signature of Grantor / Title) ATTEST: l [ Title / Seal] l l (Signature of Trustee) ATTEST: [ Title / Seal)
' - * *
- w=-.-, # - . ,
SCHEDULE .A Instructions to the Grantor: 1 Include here a copy of the Consent order. i l i t I
,+
t
/
SCHEDULE B Instructions to the Grantor: ' Include here the intial amount of money the consent order requires you to deposit in the irrevocable standy trust fund.
$ in cash
$ in securities C
69
9 SCHEDULE C Instructions to the Grantor: Include here the required information of your designee for communication with the Trustee. individual's name _
, title company f.
e+
I., 'V I L CA i APPENDIX F CERTIFICATION OF ACKNOWLEDGEMEliT a m 4%
I
, I l
CERTIFICATION OF ACKNOWLEDGEMENT State of 1 County of On this day of , 19_ , before me personally came name to me known, who being by me duly sworn, did depose and say that she/he resides at
, that she/he is (title) of company ,
the corporation described in and which executed the Trust Agreement pursuant to Consent Order Number entered into by company on , 19_; that she/he knows the seal- of said corporation; that the seal affixed- to such instruments is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation, and that she/he signed her/his name thereto by like order. (Notary Pub.'ic) a r -,w-, ,, --
l
- f. I, iL 1422 Federal Register / Vol. 58. No. 9 / Monday, January 14, 1991 / Notices review and comment on the proposed 21:0 L Street NW., Washington. DC cuthne for the final report. 20555. If a request for a heanng or matters within the scope of the -
amendments under consideration. The d Dated et Rockville. htar> tand, thin 3d day petition for leave to intervene is filed by of 1:nwy. wn, contention must be one which,if proven. th the above date, the Commission or an would entitle the petitioner to relief. A n r d e U S . u !rarItc N ator) Atomic Safety and Licensing Board, 7 Cennon. petitioner who fails to file such as dQn,i by the Cummissivn or by the supplement which satisfies these s.'r F. DiaMia, Chairman of the Atomic Safety and requirements with respect to at least one j L.b'. Accident Evaluatwn BroncA Dmsion Licensing Board panel, will rule on the 3 contention will not be permitted to g o'S) stems ResectrA Offsce o/Nuc/cor request and/or petition and the , Asp lctory ResearrA participate as a party. t ., Secretary or the designated Atomic Those permitted to intervene become [rR I5c. 91-417 Filed 1-11-91: 8 45 ern) cums cops rim Safety and IJcensing Board will issue a parties to the proceeding, subject to any
'3 notice of hearing or en appropriate order, limitations in the order granting leave to 4 As required by 10 CFR U14. a intervene, and have the opportunity to 3 IDock r') No. 50-54) petition for lea ve to intervene shall set articipate fully in the conduct of the N
[ earing, including the opportunity to Ctntichem, incorporated Proposed forth with particularity the interest of the petitioner in the proceeding. and present evidence and cross-examine h V issuance of Orders Authorizin9 how that interest may be affected by the * **"' w Disposition of Component Parts and Terminating Facility Ucense results of the proceeding.The petition A requnt for a hearing or a petition 3 y should specifically explain the reasons for kave to intervene rnust be fued with The U.S. Nuclear Regulatory wh intervention should be permitted the Secretary of the Commisalon U.S. m. with particular reference to the Nuclear Regulatory Commission, , Commusion (the Commission)is cens:dering issuance of Orders foHowing factors:(1)The nature of the Washington, DC 20555. Attention: I e.Nnzmg Cintichem. Incorporated (the petitioner's right under the Act to be Docketing and Service Branch, or may benseel to dismantle the reactor made a party to the proceeding-(2) the be delivered to the Commission's Public [;' Whty and dispose of the component nature and extent of the petitioner's Document room, the Gelman Dallding. (
't parts. and termination of Facility property, financial, or other interest in 2120 L Street NW., Washington. DC by License No R-e?,in accordance witn the proceeding; and (3) the possible the abo 5 e date. Where petitions are 1be beensee a application dated October effect of an order which may be filed during the last ten (10) days of the
*I entered in t e proceeding on the notice period. it is requested that the $c.
petitioner's interest.The petition should petitioner promptly so inform the 4 The first of these Orders would be usued fcilowmgihe Commission's dse dentify the specific aspectis)of the Commission by a toll free telephone cau U review and approval of the licensee.s subject metter of the prooecding as to vihich petiUoner wishes to intervene. to WW fr- bda.. at 1-{500) E40u0 On - cetaded plan for decontamination of the Missouri 1-{B00) 342-4700). The Western facihty and disposal of the radioactive Any person who has filed a petitition for Union operator should be given components, or some alternate have to intervene or who has been Datagram identification Number 3737. d,sposition plan for the facility.This adtnitted as a party may amend the and the following message ~addre'ss to F[ Order would authorize implementation petnion without requesting leave of the Seymour H. Weiss: Petitioner's name L el the appros ed plan. Following Board up to fif teen (15) days prior to the and telephone number; date petition ccmpletion of the authorized activities first prehearing conference scheduled in gl was mailed; Cintichem, Incorporated, e and s enfication by the Commission that the proceeding. but such an amended and publication date and page number LU acceptable radioactive contamination petition must satisfy the specificity. of this Federal Register notice. A copy of les els have been achieved, the requirements described above. ; the petition should also be sent to the y Not later than fifteen (15) da> s prior Commission would issue a second Order the first prehearing conference shedded office of the General Counsel, U.S. to 1 tiernmatmg the facilit) license and any Nuclear Regulatory Co:nmission, f arther NRC jurisdiction over the in the proceeding, a petitioner shau file i f acihty. Prior to issuance of each Order, a supplement to the petition to intervene Washington, DC 20555, and to Mr. J phillip Yachmetz, Senior Counsel. * % ibe Commissioin will have made the which must include a list of the contentions which are seught to be Hoffman LaRoche 340Kingsland i f.nd.ngs required by the Atomic Energy Avenue, Duilding 85, Nutley, New Jersey i Act of 1954, as amended (the Act), and litigated in the matter. Each contention must consist of a specific statement of 07110-1199, attorney forlicensee,. ,1' the Commission's regulations. Nonb.rnely filings cf petitions for leave tk, By February 15.1991, the licensee may the issue oflaw or fact to be raised or to intervene, amended petitions,- g fi!e a request for a hearing with respect ecntroverted. In addition, the petitioner ng to issuance of the subject Orders and shall provide a brief explanation of the supplemental petitions and/or requests 7 basis of the contention and a concise for hearing will not be entertained any person whose interest may be q statement of the alleged facts or expert absent a determination by the - y affected by this proceeding and who opinion which support the contention Comrnission, the presiding officer or the wishes to participate as a party in the g and on which the petitioner intends to Atomic Safety and Licensing Board that , 9toceeding must file a wntten petition rely in proving the contention at the f ar leave to irtervene. Requests fer a the petition and/cr request should be f hearing and cetitions fe leeve te heanng. The petitioner must also granted based upon a balancing of the , proside references to those spetite factors cpedfied in AC CTR 2.714[=)(1) inters ene shall be bled in accordance sources and documents of which the (1)-(v) and 2.714(d). with the Commission's " Rules and petitioner is aw are and on which the Practice for Domestic Licensing For further details with respect to this petitioner intends to rely to estabbsh action, see the licensee's application Pro:eedmas"in 10 Cs'R nart ? those facts or open opik.va. peddune, interested persons should consult a dated Odnber 19. lis0, whico La must provide sufficient information to available for public inspection at the { current copy of 10 CFR 2.714 which is ; show that a genuine dispute exists with Commission's Public Document room, available at the Commission's Public Document room the Gelman Building. the applicant on a materialissue oflaw the Ge! man Building. 2120 L Street NW., {p or fact. Contentions shall be limited to Washington, DC 20555.
- l l
2,
k 1 Federal Register / Vol. 56. No. 9 / Monday, January 14. 1991 / Notices 1423 y-
*Med at Rockulle. Maryland this 4th da) amendment dated June 25,1990, as Notice of Consideration ofIssuance of ofl* m an 199L supplemented July 19.1990. ( ) Amendment and Opportunity for F at the Nuclear ReFulatory Commission Amendment No.134 to Ucense No. Hearms in connection with this action Sa mour H. Weiss, DpR-61. (3) the Commission's related was pubhshed in the Federal Register on i ? w~ A%PowerReactor. Safett Evaluation, and (4) the October 16,1990 (55 FR 4:294). No G:mssionerg cad En nronmertcl Pwie ct Commissicds insironmental *
- M' ki 6 k in. i e X"icm for 5 wfoxie Omsion o/Reacmr Pmeca--//L Assessment. All of these items are leas e to intervene w as filed followina
/[ U cndSPecto/Projecu. OfficeofNuciect available for public inspection at the this notice.
r.e:cer Regulation. Commission's Public Document Room. The Commission has prepared an ITR Doc 91.e15 Filed 1-11-91. 6 45 aml the Celman Buildmg. :1 0 L Street NW., own coce n***' Environmental Assessment related to washington, DC and at the Russell the action and has determined not to Ubrary,1:3 Uroa d Street, Middletown, prepare an environmentalimpact IDocket No. 50-2131 Connecticut. A copy of items (:),(3) and statement. Based upon the (4) may be obtained upon request environmental assessment, the Connecticut Yankee Atomic Power addressed to the U.S. Nuclear Cornmissioin has concluded that the Co.; issuance of Amendment to Regulatory Commission, Washington. issuance of this amendment will not Facihty Operating Ucense DC 0555. Attention: Director, Dwision have a significant effect on the quality The U.S. Nuclear Regulatory f React r Pr Jects-1/IL of the human environment. b Commission (Commission) has issued Dated at Rockvale. Maryland this 4;h day For further details with respect to the o Amendment No.134 to Facility of lanuan 199L action see (1) The application for Operatir.g Ucense No. DPR-61 issued to For the Nuclear Regulatory Commission. amendment dated September 21.1990, Connecticut Yankee Atomic Power Alan BNans. (:) Amendment No.143 to Ucense No. Company, which revised the Technical Pmeet MancSer. P.+cet Demetorc e 14 DpR-16. (3) the Commission's related Spec:fications for opertion of the r Onen o Reactor Projeca--141. O'fece of Safety Evaluation. and (4) the I!addam Neck Plant located in %cieer Reactor Replotion. Commission's Environmental .
\t.ddlesen County, Connecticut. The (TR Doc. 91-e14 Filed 1-11-e1: tL45 am) Assessment. All of these items are armendment is effective as of the date of n e o coot n w available for public inspection at the
.ssuance. Commission's Public Document Room, j- The amendment modified the
[ Docket No. 562191 the Gelman Building. 2120 L Street NW., ,i Technical Specifications to establish a Washington, DC and at the Oceen
- p r.cw Technical Specification 3/4 412, GPU Nucles srp.: suance of County 1.ibrary, Reference Dep nmn.t.
"fpued Fuel Rods," with a limit of 160
- . fJed fet! rods during operation of Amendment Ucense
~~ "" , Operating # DD.' N* D M* FY d'" " "I'? N*N l* Cicies 16 and 17.The proposed hmit of (3) and (4) may be obtained upon p it4 failed fuel rods is consistent with the The U.S. Nuclear Regulatory request addressed to the U.S. Nuclear , due equivalent lodine limit of Cornmission (Commission) ha s issued Regulatory Commission. Washington, Microcurie /gm in the Technical Amendment No.143 to Provisional DC 20555, Attention: Director, Dtvision S pecifications. Operstmg Ucense No. DPR-16 issued to of Reactor Projects-1/II.
<! The application for the amendment GPU Nuclear Corporation (GPUN, the compues with the standards and Dated at Rockville. Ma*yland th[a 27th day i= licensee), wnich revised the Ikense for
' of December 1990.
requirements of the Atomic Energy Act the operation of the Oyster Creek i cf 1954. as amended (the Act), and the For the Nuclear Regulatory Commission. Nuclear Generating Station located in
] Commission's rules and regulsdons. The Ocean County, New Jersey The Commission has made appropriate Alexander W. Dromerick. .,-
Senior Fmiect Manager. Project Directo efe amendment is effective as of the date of 6.d:nes as required by the Act and the issuance. 1-4 DaismnofReactorProfecu-Inl. Office Commission's rules and rr gulations in 10 ne amendment revises Provisional '/MCl* R# C'## 8'F I "*"" ' CTR chapter I. which are set forth in the Operating Ucense No. DPR-16. Ucense (FR Doc. 91-818 Filed 1-11-m; t45 am) 1: cense amendment. Condition 2.C.(7) to accommodate amo coce neo ow p'
- Notice of Consideration ofissuance of implementation of a 21 month operating Amendment and Opportunity for cycle with a 3 month outage, or a 24 .
.t Hearms in connection with this action month plant refueling cycle for the core (Docket Noa. 50-259,50-200,50-296)
* '2
w as published in the Federal Register on spray spargers surveillance intervals. ' - luiy 23.1990 (55 FR 29926) corrected July Ucense Condition 2.C.(7) requires that Tennessee Valley Authcrity (Browns 3L 1990 (55 FR 31116). No request for a inspections of all accessible surfaces Ferry Nuclear Plant Urdts 1,2 and 3), hearms or petition for leave to intervene and welds of both core spray spargers Exemption
; w as filed following this notice, and repair assemblies be performed. y . , , -^ ,.
The Commission has prepared an The remainder of the application will be
~
Ensironmental Assessment related to acted upon at a later date. The Tennessee Valley Authority (TVA the action and has determined not to The application for the amendment or the licensee)is the holder of repte an ensironmental impact complies with the standards and Operating Ucense Nos. DPR-33. DPR42 statement. Based upon the requirements of the Atomic Energy Act and DPR-66 which authorizes operation e nuronmental assessment. the of 1954. as amended (the Act), and the of the Browns Ferry Nuclear Plant. Units t amm:ssion has concluded that the Commission's rules and regulations.The 1. 2 and 3. respectively, These licenses s cuan:c of tha amendment will not Commission has made appropriate provide. among other things, that hase a significant effect on the quahty findings as required by the Act and the Browns Ferry (BFN). is subject to all of the human environment. Commission's rules and regulations in 10 rules, regulations, and Orders of the Far further details with respect to the CFR chapter 1. which are set forth in the Commission now or hereafter in effect. ac7on see (1) the application for license amendment. DFN, Units 1. 2 and 3 are boiling water
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