ML20039A455
| ML20039A455 | |
| Person / Time | |
|---|---|
| Issue date: | 10/29/1981 |
| From: | Shaffer W NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | Scarano R NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| References | |
| REF-WM-48 10438, NUDOCS 8112170626 | |
| Download: ML20039A455 (2) | |
Text
_ _ _
rhhnt h 0] A10K Vb/-SS DISTRIB.UTION:
@M4h p.
WMUR w/f gp WMUR r/f I
l'N WM r/f DCT 2 9 % B1
-NMSS PDR WMShaffer WMUR:WMS DEMartin WM-48 BFisher JLinehan HPettengill MEMORANDUM T0:
Ross A. Scarano, Chief Rscarano Uranium Recovery Licensing Branch REBrowning Division of Waste Management JBMartin FROM:
Wi:lliam M. Shaffer III, Project Manager 4
/
f e] l New Facilities Section L
Uranium Recovery Licensing Branch l'
- l] bM j
Division of Waste Management N
DECS 198 "
SUBJECT:
CLARIFICATION - DOE / STATE OF COLORID0 UMTRAPot-pm COOPERATIVE AGREEMENT NO. DE-FC04-81All6257 ; va. $ noi r.
Backaround e
~,,
The subject Agreement, as executed by DOE and the State of Colorado, received formal NRC concurrence on October 19, 1981 and is therefore now in effect. However, during the course of final NRC staff review of the executed document it was determined by us that a phrase in a specific sentence in the Agreement at Section IV (Project Management), B.
(Remedial Action Plan Development Phase), p.15 required reconfirmation of its agreed upon interpretation by both DOE and NRC. The sentence reads as follows (key phrase underlined for emphasis here only):
" Remedial actions shall not begin until both parties have accepted the Remedial Action Plan or Radiological and Engineering Assessment, the Commission has concurred as necessary, and..."
Discussion / Resolution On October 13, 1981 I discussed the sentence with Richard A. Marquez, Office of Chief Counsel, DOE-Albuquerque and reiterated our interpretation that the phrase refers specifically to the Radiological and Engineering Assessments (REAs;), which are prepared for all UMTRAP vicinity properties, and not to the Remedial Action Plans prepared for all processing sites.
Further that the phrase does not imply an NRC concurrence in the course of remedial action proposed by such an~ REA as necessary~ in an absolute sense or imply that it
-is the only feasible one that could be considered. The phrase was included b
Ib Y3/
-o suonaur) et 1217o626 e11024 " " "" "
" " " " ~ " -
!)1IV )
OFFICIAL RECORD COPY
______ _ ___7 m we -22n24j
7 i
4
' OLT 2 S 1981 "
D~
-2_
.g y
only to recognize that, under current DOE /NRC UMTRAP working agreements, the NRC staff plans to perform a detail review / concurrence function regarding vicinity properties only on remedial action at unusually significant vicinity properties. Thus the concurrence in vicinity property REAs is on an "as necessary" basis. Mr. Marquez confirmed that this was also the DOE's understanding and interpretation of the phrase in question and that it had also been explained to the State of Colorah staff in that manner. We agreed to leave the language unchanged and note the resolution of tha matter by this subject memorandum.
!5 William M. Shaffer III, Project Manager New Facilities Section Uranium Recovery Licensing Branch Division of Waste Management cc:
Richard H. Campbell, DOE-Albuquerque Alfred Gonzales, DOE-Albuquerque Richard A. Marquez, DOE-Albuquerque Robert L. Fonner, ELD Robert W. Ramsey, Jr., DOE-HQ 1,
.. gyp......y.
"c
~> 1 a A n.......x12fya..
NRC FORM 318 (10/80) NRCM O240 OFFICIAL RECORD COPY
- w8o-322 2.
_