ML20034E476

2019 09 12 Cdph Ltr Re SONGS and Mesa Facility Radiological Oversight - Start

ML20034E476
Person / Time
Site:	San Onofre
Issue date:	09/12/2019
From:	Chu A Southern California Edison Co, State of CA, Dept of Public Health
To:	Cho J Office of Nuclear Material Safety and Safeguards, US Dept of the Navy, Naval Facilities Engineering Command, San Diego, CA
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Download: ML20034E476 (2)

Text

State of California-Health and Human Services Agency California Department of Public Health KAREN L. SMITH, MD, MPH GAVIN NEWSOM Director and State Public Health Officer Governor September 12, 2019 James Cho CDR, CEC, U.S. Navy Department Of The Navy Naval Facilities Engineering Command Southwest 1220 Pacific Highway San Diego, CA 92132-5190

SUBJECT:

SAN ONOFRE Nuclear Generating Station AND MESA FACILITY RADIOLOGICAL OVERSIGHT

Dear Cdr Cho:

Thank you for your letter requesting clarification from the California Department of Public Health (CDPH) as to its position with respect to certain regulatory jurisdictional matters at the San Onofre Nuclear Generating Station (SONGS) and the MESA facility.

Specifically, you requested written correspondence from CDPH:

1. Acknowledging that the Federal Facility Agreement (FFA) for Marine Corps Base Camp Pendleton (MCB-CPEN) will not in the future include SONGS-related current or historical radiological activities on MCB-CPEN;

2. Confirming that CDPH will defer to the Nuclear Regulatory Commission (NRC) on SONGS-related current or historical radiological activities and accept the NRC's unrestricted release criteria as applied at SONGS and the Mesa facility; and

3. Absolving the Department of Navy (DoN) from future CDPH requirements for SONGS-related current or historical radiological activities on MCB-CPEN .

Regarding the MCB-CPEN FFA, CDPH is not a party to the applicable agreement and declines to comment as to whether SONGS-related current or historical radiological activities would be included in the FFA.

Regarding cleanup oversight of current or historical radiological activities (#2 above) and the applicability of CDPH .release criteria at SONGS (#3 above), CDPH maintains that it is the NRC that is vested under the Atomic Energy Act (AEA) with exclusive regulatory authority over the licensing, operation, and decommissioning of the SONGS site, including but not limited to all radiological aspects of the SONGS decommissioning CDPH DRSEM, MS 7601

• P.O. Box 997377

• Sacramento, CA 95899-7377 (916) 449-5915 * (916) 449-5386 FAX Internet Address: www.cdph.ca.gov

James Cho Page 2 September 12, 2019 process and the remediation of any offsite contamination resulting from the use or possession of NRG-licensed material. CDPH's Agreement State program has no delegated authority to regulate or oversee any aspect of Nuclear Power Plant licensing, operation , or decommissioning oversight as these matters are specifically reserved to the NRC under the AEA. As such , decommissioning standards for nuclear power plants are applicable.

Since the NRC's license termination rule specifically applies to nuclear power plant (NPP) decommissionings, CDPH concurs that a future NRC "unrestricted use" determination would allow the Navy to reuse, lease, or transfer the subject SONGS property out of Federal ownership without the need for further evaluation for compliance with decommissioning requirements that may be applicable to non-NPP licensees.

In summary, CDPH's position is that all future regulatory oversight of NRG-licensed materials at the SONGS/MESA site would necessarily be exercised by the NRC.

Should you have any questions feel free to call Gonzalo Perez, Chief, Radiological Health Branch at 916-440-7942 or email correspondence to Gonzalo.perez@cdph .ca.gov.

Anthony u, Chief Division of Radiation Safety and Environmental Management California Department of Public Health cc: Mr. Derral Van Winkle Mr. Bryce Bartelma DTSC USEPA SCE CDPH-RHB CDPH-OLS