ML20039F076

Responds to NRC 811106 Notice Re Proposed Amend to License CSF-1,shifting Responsibility for Facility to Authority. Hearing Requested Before Any Commission Action If Amend Request Continues to Be Entertained.W/Certificate of Svc

ML20039F076
Person / Time
Site:	West Valley Demonstration Project
Issue date:	12/17/1981
From:	Larocca J NEW YORK, STATE OF
To:	Rouse L NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
References
20061, NUDOCS 8201110822
Download: ML20039F076 (6)

Text

~ [0- AO/

New York State Energy Research anci Development: Authority Two Rockefeller Plaza . Albany. New York 12223 RECEIVED S (518)465-6251 p,ggg

" cec al PM 312 37A SS December 17, 1981 US$ yyEG.

53M^l M C Tl0N O

• Mr. Leland C. Rouse Chief Advanced Fuel and Spent ,

Fuel Licensing Branch s c%.

Division of Fuel Cycle and 9- -

Material Safety 2 g 2 J Jggg * * -

Office of Nuclear Material % -

Safety and Safeguards $82:cs U.S. Nuclear Regulatory  %% p N

Commission Washington, D. C. 20555 'W?

Re: Provisional Operating License No. CSF-1

Dear Mr. Rouse:

I am writing in response to your recent letters and the Commission's notice of November 6, 1981 concerning a proposed amendment of Provisional Operating License No. CSF-1 submitted N by Nuclear Fuel Services, Inc. NFS' proposed amendment would terminate NFS' license, shift all of NFS' interest, rights and responsibilities to this Authority, and make the Authority the sole holder of the license to operate the fuel reprocess-ing plant and related facilities at West Valley. Your letters seek the Authority's position on the NFS-proposed amendment and also ask for our comments on a modified formulation of the amendment proposed by NFS, transmitted with your December 8 letter.

Background Wg.~ ,0  %

ll n' 2 O When the license was originally issued, neither t FP Atomic Energy Commission nor either that the Authority would ultimately be licensed to operdt ,.,-m of the licensees E in;tend

3B /2

-U

/ '/

'~

a nuclear fuel reprocessing plant. As the Commission ad k NFS well know, the only Federal licensing responsibilitiess,x 4Y which were to be assumed by the Authority related to maintenance of the high-level storage facilities -- and

%N4' 8201110822 811217 200%

PDR ADOCK 05000201 Absf/Mt} hb%'

, *1

, e then, only after NFS had either placed those facilities in an agreed-upon proper condition or had tendered to the Authority funds sufficient to compensate for any deficiencies.

Matters related to NFS' contractual obligations, however, are currently the subject of litigation in the United States District Court'for the Western District of New York.

Procedural Deficiencies As a preliminary procedural matter, NFS' two-page letter of October 6 falls far short of the requirements of the Commission's regulations for an application to terminate an operating license (see 10 C.F.R. Part 50).

For example, NFS' October 6 letter contains virtually rone of the general information required by section 50.33, does not contain the decontamination plan required by section 50.82 or any environmental report on decontamination of the facility, and does not include the technical information required by section 50.34. NFS' declaration that "[a]ll other information required by the Commission for amendment for an operating license is contained in the previous submissions of the licensees under Docket No. 50-201" does not cure these defects. Nowhere does NFS even hint where the relevant information may be found. In contrast, section 50.32 of the Commission's regulations permits incorporation by reference only when "such references are clear and specific."

Because NFS' October 6 letter so fundamentally fails to meet the requirements for an application for termination of its operating license, the Commission should reject or dismiss the submission and refuse to consider h any further, without prejudice'to resubmission of a proper .pplication.

Pequest for Hearing By its October 6 proposal NFS seeks to force upon the Authority licensing responsibilities that the Commission, NFS, and the Authority never intended the Authority to have, which the Authority does not accept, and which are a part of the matters in litigation in the United States District Court for the Western District of New York. If, despite the procedural deficiencies noted above, the

~-

l :

i Commission determines to continue to entertain NFS' October 6 submission, then as a " person whose interest [will] be .

affected," the Authority requests a hearing on the proposed  !

license termination, pursuant to section 189(a).of-the Atomic Energy Act, as amended, before any Commission action on the proposal.

Sincerely, J

N James L. Larocca Chairman

! cc: All persons on the attached Certificate of Service.

l

w s s UNITED STATES OF AMERICA NUCLEAR RHRJIAIORY CCIMISSION In the Matter of )

)

NUCLEAR FUEL SERVICES, INC. )

)  ;

AND ) Docket No. 50-201

) .

NBf YORK STATE ENEFGY RESEARCH )

AND DEVELOPMENT AUlTDRITY )

l (Western New York ?bclear )

Service Center )

CERTIFICATE OF SERVICE I certify that copies of the above letter frcm James L. Iarocca to

, Ieland C. Rouse have been served on the following by deposit in the United States mail, first class, this 18th day of Decenber,1981:

l

' ' Nunzio J. Palindino, Chairman t'ictor Gilinsky, Ccmnissioner U.S. Nuclear Regulatory U.S. Nuclear Regulatory Ccmnission Cmmission Washington, D.C. 20555 Washington, D.C. 20555 Peter Bradford, Carnissioner y John F. Ahearne, Ccmnissioner '

U.S. Nuclear Regulatory U.S. Nuclear Regulatory Ccmnission Ccmnission Washington, D.C. 20555 Washington, D.C. 20555 Thanas M. Roberts, Ccmnissioner ,

Isonard Bickwit, Jr. , Esq.

U.S. Nuclear Regulatory General Counsel Ccr. mission U.S. Nuclear Pegulatory Washington, D.C. 20555 Camission 1717 H Street, N.W. .

Washington, D.C. 20555 Sheldon Trubatch, Esq. Richard E. Cunningham III office of the General Counsel Director, Division of Fuel U.S. Nuclear Regulatory Cycle and Material Safety Ccmnission U.S. Nuclear Regulatory Washington, D.C. 20555 Camission Office of Nuclear Material Safety and Safeguards Washington, D.C. 20555

l e

Guy H. Cunninghan III, Esq. _.

James R. Wolf, Esq.

Office of the Executive legal Office of the Executive Iagal Director Director U.S. Nuclear Pegulatory U.S. Nuclear Regulatory Comitssion Camission Washington, D.C. 20555 thshington, D.C. 20555 John F. Klucsik, Esq. Warren E. Bergholz, Jr. , Esq.

Office of the Executive Iagal Office of the General Counsel Director U.S. Department of Energy -

U.S. Nuclear Regulatory 1000 Independence Avenue Cmmission Washington, D.C. 20587 Washington, D.C. 20555 Lawrence Brenner, Chairmm Mr. Peter A. Morris Mninistrative Judge Mainistrative Judge Atcmic Safety and Licensing Atcmic Safety and Licensing Board Board U.S. Nuclear Regulatory U.S. Nuclear Regulatory Cmmission Cmmission Washington, D.C. 20555 Washington, D.C. 20555 Dr. Jerry Har+mr Docketing and Service Section Mainistrative Judge ' Office of the Secretary Atanic Safety and Licensing U.S. Nuclear Regulatory Board Camission ~

Nuclear: Regulatory Cmmission Washington, D.C. 20555 Washington, D.C. 20555 Sanuel J. Chilk Atanic Safety and Licensing Secretary of the Cmmission Appeal Panel U.S. Nuclear Regulatory U.S. Nuclear Regulatory Camission Cmmission Washington, D.C. 20555 Washington, D.C. 20555 Atanic Safety and Licensing Orris S. Hiestand, Esq.

Board Panel Morgan, Iewis & Bockius U.S. Nuclear Regulatory 1800 M Street, N.W.

Cmmission Washington, D.C. 20036 Washington, D.C. 20555

, g Ralph W. Deuster George L. Edgar, Esq.

President Morgan, Lewis & Bockius Nuclear Fuel Services, Inc. 1800 M Street, N.W.

6000 Executive Boulevard Washington, D.C. 20036 Suite 600 Rockville, Furyland 20852 , N

)

/

Facard A. Jack /' '

First Deputy Counsdl New York Sta.te En6rgy Research and Developnent Authority Dated: Decater 17, 1981 Albany, New York 20061

- -- _-____ __ -