ML20039C176
| ML20039C176 | |
| Person / Time | |
|---|---|
| Site: | West Valley Demonstration Project |
| Issue date: | 12/08/1981 |
| From: | Rouse L NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | Larocca J NEW YORK, STATE OF |
| Shared Package | |
| ML20039C175 | List: |
| References | |
| NUDOCS 8112280546 | |
| Download: ML20039C176 (2) | |
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s Original Concurrence copy to be Distribution:
returned to FBrown w/ enclosure PDR SS396 DEC - r, dal LPDR (2) t'/
encl: Docket 50-201 Docket No. 50-201 GCunningham NMSS R/F JWol f FCAF r/f JKlucsik LCRouse
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flew York State Energy Research and r
Development Authority ATTN: Mr. James Larocca, Chairman Acency Building No. 2 Empire State Plaza Albany, New York 122E3 Gentlemen:
On October 13, 1981 we informed you of our receipt of a letter, dated October 6,1981, from Mr. Ralph W. Deuster, President of fluclear Fuel Services, Inc. The letter was a proposal for further amendment of Facility License fio. CSF-l. We requested that you examine the proposal and advise us of your position regarding the proposed Paragraph 8.
For your convenience we have enclosed another copy of the October 6, letter together with a copy of modified amendatory language which we have under consideration.
We request that you provide us with your response to our earlier letter and any comments on the amendatory language within 10 days of the date of this letter.
Sincerely, 0:icital c bn;d by Leland C. R mco Leland C. Rouse, Chief Advanced Fuel and Spent Fuel Licensing Bran;h Division of Fuel Cycle and Material Safety
Enclosure:
As stated cc: Mr. Ralph W. Deuster, flFS fir. Carmine J. Clemente, flYSERDA fir. Warren E. Bergholz, Jr., DOE Mr. O. S. Iloistand, Morgan, Lewis
& Eockius 8112280546 811208 PDR ADOCK 05000201 P
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<30i,770 33i0 Ra;ph W. Deuster atset" October 6, 1981 Mr. Jchn G. Davis Director Office of Nuclear Material Safety and Safeguards U. S. Nuclear Regulatory Carrission Washington, D. C. 20555
Dear Mr. Davis:
With this letter, Nu: lear Fuel Services, Inc. (ES) si mits to the Com-rission an application for amnd:ent of License No. CSF-1.
mis amndmnt, in conjunction with Arendmnt 31 issued on Septe ber 30, 1981, is W in order that the DeAmnt of Energy (DOE) and the Nw York State Energy Research and Develcment Authority (h'IERDA) reay carry out the conditions of Section 2(b) (4) (A) of the West Valley Dem::nstration Project Act, Ptb. L.96-368 (1930).
mis anendmnt teminates all rights and responsibilities of NES imder License No. CSF-1 and transfers to NYERDA all residual rights and responsi-bilities of the licensees upon empletion of the West Valley Demrstration Project. All other inforration required by the Ccmtssion for amnd ent of an operating license is contained in the previous sthmissions of the licensees t= der Docket No. 50-201.
We requested anendrent which a&M a Paragraph 8 to the license, is as follcus:
8.
Notwithstanding any other provisions of this license, all rights and responsibilities of the licer.see, Nuclear Fuel Services, Inc. (NES), under License No. CSF-1 are teminated upon DCE asstrring exclusive possession and control of the facility. Upon DOE's asstr:ption of erlusi e possession and control of the facility as provided in Paragraph 7 above, all refences to
'licersee ', ' licensees', ' licensees under this license, as their respective interests under this license appear', or ' licensees, as their respective interests imder this license appear', shall thereafter refer exclusively to i
the Nea York State Energy Research and Developmnt Authority.
I understand that NYERDA is prepared to join in this application in con-nection with a settlenent betaeen NES and NYERDA of their contractual disputes, l
, provided that any such concurren by NYERDA ray be withdrawn, without prejudice, I
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Nuclear Fuel Services, Inc. October 6, 1981 in the event no settlem.ent is reached, and provided further that the anend-
.t rent is issued si::ultaneously with the signing of the settlenent agree::ent.
If any additional inforration is required, please let ne know.
Sincerely,'
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8.
Upon DOE's assuming exclusive possession and control of the facility in accordance with Paragraph 7:
A.
NYERDA (as successor to ASDA) shall thereaf ter have the authority and responsibility now held by NFS under the license, and the authority and responsibility of NFS under the license is terminated.
Notwithstanding termination of its authority and-responsibility under the license, NFS shall promptly transfer to NYERDA all records in the possession of NFS that are main-tained pursuant to the license.
B.
All references in Paragraph 7 to " licensee," " licensees,"
" licensees uader this license, as ti eir respective interests under this license appear," or " licensees as their respective interests under this license appear," shall thereafter refer exclusively to NYERDA, provided that NFS shall have transferred to NYERDA all right, title, or interest which it may have in any property at the facility.
C.
Indemnity Agreement No. B-29 shall be modified to conform to the change in the authority and responsibility described in-subparagraphs ( A) and (B) of this paragraph 8.
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