ML20040F705
| ML20040F705 | |
| Person / Time | |
|---|---|
| Site: | 07000008 |
| Issue date: | 01/15/1982 |
| From: | Cunningham R NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | James Keppler NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III) |
| References | |
| NUDOCS 8202100157 | |
| Download: ML20040F705 (1) | |
Text
p ocs+ Fi/ e seen n 1 o xms r 3%
si d,;, -
g n
4, o'
y 4
(
JAN 151982 a W_ Poy,
- l 1
MEMORANDUM T0: James G. Keppler, Director J/' q ' M,s N '!'/j/Sgh Nuclear Regulatory Comission Region III l
"CO Tg Office of Inspection and Enforcement j
' l s..
'* ' s.
FROM:
Richard E. Cunningham, Director D
c/4 S
Division of Fuel Cycle and
/<bI' fg D Material Safety, NMSS
SUBJECT:
FAILURE OF BATTELLE MEMORIAL INSTITUTE, COLUMBUS, OHIO, LICENSE NO. SNM-7 TO EFFECTIVELY RESPOND TO THE ORDER REGARDING RADIOLOGICAL CONTINGENCY PLANNING SIGNED FEBRUARY ll, 1981.
Battelle Memorial Institute, Columbus, Ohio, has failed to comply with the enclosed Order which directed the licensee to submit a radiological contingency plan to us by approximately August 31, 1981. My staff has spoken with Mr. Harley Toy of Battelle about this matter on many occasions over the past several months and each time he has promised, but has failed, to send us the required plan.
We are referring the matter to you for appropriate enforcement action.
Original Signed by Richard E. Cunningham Richard E. Cunningham, Director Division of Fuel Cycle and Material Safety, NMSS Enclosure DISTRIBUTION:
Docket File 70-08 IE Region III PDR ERESS R/F RGPage NMSS R/F FDFisher FC Central File LCRouse OELD TRDecker SBURNS, OELD JTLong ERESS licensee folder 8202100157 820115 PDR ADOCK 07000008 C
PDR F,
FC
.FC g,
- onic,
""""r..FDF.isber/rf..R
.TFCa rten.
REVunnit gTiam
~
" " >..1.//El.82 11)!82 1/../.92 Mola2 uc rosu ais oo oo,sacu ozdo OFFICIAL RECORD COPY
- *o "-32n24
- [
),,
UNITED STATES n
NUCLEAR REGULATORY COMMISSION
.gOhg it f WASHINGTON, D. C. 20555 S 3 f. /.
FEB 11 1981 Battelle Memorial Institute ATTN: Dr. E. W. Ungar Division Director 505 King Avenue Columbus, OH 43201 Gentlemen:
Enclosed is an Order pertaining to License Nos. SNM-7 and l
34-6854-5 that requires you to prepare and submit radiological contingency planning information to NRC for review.
i
.If you have any questions concerning provisions of the Order, please contact Mr. R. G. Page (301-427-4309) or Dr. F. D. Fisher (301-427-4135) of my staff.
Sincerely, h
w r
Richard E. Cunningham, Director i
Division of Fuel Cycle and Material Safety l
l _.).l O 2 ~ + < ' ' :
9M9
0 I
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of
)
Docket No. 70-08
)
Materials License Battelle Memorial Institute
)
No. SNM-7 505 King Avenue
)
Byproduct Material License Columbus, Ohio 43201
)
No. 34-6854-5 ORDER TO MODIFY LICENSE I
Battelle Memorial Institute of Columbus, Ohio ("the licensee") with facilities located in Columbus and West Jefferson, Ohio, is the holder of Materials License No. SNM-7 and Byproduct Materials License No. 34-6854-5 issued by the Nuclear Regulatory Commission ("the Commission").
The licenses are currently active pursuant to the timely renewal provisions of 10 CFR 30.37 and 10 CFR 70.33(b), pending completion of the NRC staff review of the application for renewal.
The application for renewal included a request that the two licenses be combined into a single license.
The application for renewal and subsequent discussions with the licensee has resulted in a request that the renewed license authorize the possession of 500 Ci of byproduct material and 500 g of unirradiated U-235 at the Columbus site and 250 kg irradiated U-235, 50 kg irradiated Pu, 500 g unirradiated U-235, 500 g unirradiated Pu, and
~
22,000,000 Ci as fission products in irradiated fuel at the West Jefferson site.
II Before issuance of a license to operate, staff review of the application determined that the licensee can operate the facility in a safe manner.
6 9
W
- k
2 Nonetheless, based on the lessons learned from the accident at Three Mile Island and new perspectives on emergency preparedness and planning, the Commission has reevaluated the emergency preparedness requirements for its fuel cycle and materials licensees.
The Commission has decided that significant improvements need to be made promptly to assure that adequate onsite emergency response actions will be taken by licensees with major operations in cases where, even though unlikely, potentially serious radiation accidents could occur.
The operations licensed to be carried out pursuant to Materials License No. SNM-7 and Byproduct Materials License No. 34-6854-5 appear to fall in this category and require the development of a more comprehensive onsite radiological contingency plan than previously submitted to the Commission for review.
Specifically, considerations are needed to ensure (1) that the plant contains adequate engineered safety features and is otherwise designed to limit releases of radioactive materials and radiation exposures in the event of an accident, (2) that a capability exists for measuring and assessing the significance of accidental releases of radioactive materials, (3) that appropriate emergency equipment and planning are provided onsite to protect workers against radiation hazards that might be encountered following an accident, (4) that notifications are made promptly to federal, state, and local government agencies, and (5) that necessary recovery actions are taken in a timely fashion to return the plant to a safe condition following an accident.
The information to be developed and documented is described in the enclosed
" Standard Format and Content for Radiological Contingency Plans for Fuel Cycle r
and Materials Facilities" (Enclosure 1).
In summary, the information to be e
u
+- -
+y
-pg
-e
)
3 submitted to NRC for review-includes a (1) description of plant systems important to safety; (2) characterization of classes of credible emergencies that might occur; (3) description of radiological contingency measures for each class of emergency; (4) designation of authorities and responsibilities of key individuals and groups enployed by the licensee; and (5) a description of equipment and facilities designated for use during radiation emergencies.
The plan is to be j
directed toward mitigating the consequences of radiological emergencies and providing reasonable assurance that appropriate measures will be taken during an emergency to assure protection of the public and minimize adverse environ-mental impacts.
In preparing the plan, consideration should be given to a set of credible accidents ranging from almost everyday occurrences of small consequence through highly improbable, but not impossible, accidents such as those resulting from severe natural phenomena, human error, and multiple equipment failures, and sabotage.
III In addition to onsite radiological contingency planning, as discussed in Section II above, offsite emergency response planning is also highly important.
Offsite planning requirements for fuel cycle and materials facilities are being developed separately and will be considered in a proposed rulemaking to be published in the coming months. Within the framework of that rulemaking, NRC will carry out extensive coordination with state governments and the Federal Emergency Management Agency (FEMA) concerning applicable requirements.
b 6
6 m
.~
4
't IV The Commission believes that it is prudent and necessary to require the licensee to develop and submit within 180 days of.the effective date of this Order, or before, an onsite radiological contingency plan,. as discussed in Section II above, applicable to operations licensed pursuant to Materials License No. SNM-7 and Byproduct Material License No 34-6854-5.
Such a plan can be developed and effectively implemented apart from offsite emergency response planning, which necessarily involves state and local government emergency planning actions.
The onsite radiological contingency plan is a necessary extension of protective actions taken by the licensee during normal operations.
Such planning is essential to ensure that proper plans are made by the licensee to protect the public from accidents that could result from the licensed operations.
A lesson learned from the Three Mile Island accident is that accidents thought to be highly improbable can and will occur, and that proper emergency preparedness is required to mitigate radiological consequences.
The reporting and record keeping part of this onsite radiological contingency plan is subject to clearance by the General Accounting Office.
GA0 review and clearance will not stay the effective date of this Order as regards the require-ment that the licensee develop the plan.
Unless advised to the contrary, GA0
~
clearance will be effective within 45 days from the date of this Order.
V Accordingly, pursuant to sections 161b and 161o of the Atomic Energy Act of 1954, as amended, 9970.32(a)(8), 70.32(b)(2), and 70.32(b)(5) of 10 CFR l
l l
l c
~
I 5
Part 70, 530.34(e) of 10 CFR Part 30, and 92.204 of 10 CFR Part 2, IT IS HEREBY ORDERED THAT within 180 days of the effective date of this Order, the licensee shall submit:
m 1.
A radiological contingency plan in accordance with Enclosure 1 of this Order, " Standard Format and Content for Radiological Contingency Plans for Fuel Cycle and Materials Facilities," and an application for license amendment to incorporate such plan as approved as a condition of the license; or alternatively,
~
4 2.
An application for license amendment to reduce the possession limits 1
l for radioactive materials below those specified in Enclosure 2 of this Order.
VI The licensee or any person whose interest may be affected by this Order may, within 20 days of the date of the Order, request a hearing with respect to all or part of the Order.
A request for a heaiing shall be addressed to the Secretary of the Commission U.S.N.R.C., Washington, D.C.
20555.
A copy of the hearing request shall also be sent to the Executive Legal Director, U.S.N.R.C., Washington, D.C.
20555. If a person other than the licensee requests a hearing, that person shall set forth with particularity the nature of his or her interest and the manner in which his or her interest may be affected by this Order in accordance with 10 CFR 62.714(a)(2) of the Commission's Rules of Practice.
e
a_
__. : u :. - :
.=
,/
6 If a hearing is requested by the licensee or a person w'ho has an interest affected by this Order, the Commission will issue an order designating the time and place of the hearing.
If no hearing is requested, this Order will become effective 20 days from the date of the Order.
If a hearing is requested, this Order will become effective on the date specified in an order made following the hearing.
VII If a hearing is held, the issue to be considered at the hearing shall be whether the licensee (1) shall submit a radiological contingency plan which complies with Enclosure 1 of this Order, " Standard Format and Content for Radiological Contingency Plans for Fuel Cycle and Materials Facilities," or (2) if a plan is not submitted as required in Section V (1) of the Order, should an application for a license amendment to reduce its possession limits for radioactive materials below those spe:ified in Enclosure 2 of this Order be submitted.
FOR THE NUCLEAR REGULATORY COMMISSION fce!
0
,f l
Richard E. Cunningham, Director
/
Division of Fuel Cycle and Material Safety Dated at Silver Spring, Maryland this 11 th day of February,1981
- -