ML20040G323

Responds to ASLB 811213 Memorandum & Order Directing Filing of Further Info & Issues.Answers Questions 3,4 & 5. Certificate of Svc Encl

ML20040G323
Person / Time
Site:	West Valley Demonstration Project
Issue date:	02/08/1982
From:	Fess G ENERGY, DEPT. OF
To:	Atomic Safety and Licensing Board Panel
References
ISSUANCES-OLA, NUDOCS 8202120161
Download: ML20040G323 (15)

Text

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l C D'. Y E T ~C UNITED STATES OF AMERICA

NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY Ad62LfEE$5IlfGl liOA'RD m 9 W g 4~ RECEWED t

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h5 Etann u TOC In the Matter of ) g NUCLEAR FUEL SERVICES INC., ) A g AND )

NEW YORK STATE ENERGY RESEARCH ) Docket No. 50-201 OLA AND DEVELOPMENT AUTHORITY )

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(Western New York Nuclear )

Service Center) )

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DOE RESPONSE TO ASLB MEMORANDUM AND ORDER DIRECTING THE FILING OF FURTHER INFORMATION AND ISSUES The United States Department of Energy (" DOE" or

" Department") hereby responds to the Licensing Board's

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1*emorandum and Order Directing the Filing of Further Infor-mation and Issues dated December 31, 1981. That Memorandum and Order sets forth six questions for participants in this proceeding to answer.

As the Licensing Board is aware, the Department has been directed by Congress'to perform a waste solidification demonstration project at West Valley, New York. Pub. L. 9'6-368, West Valley Demonstration Project Act, 42 U.S.C. 2021a note (Project Act). Pursuant to the Project Act, the Department joined in a license anendment application submitted by the 0

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New York ' State Energy Research and . Development Authority (NYSERDA) on August 18, 1981. In response to that application, the Commission issued the license amendment (Change No. 31) at-issue in this hearing.

As the Board is aware, the Project Act was enacted in part to demonst_ ate that liquid high-level radioactive waste resulting from. commercial reprocessing can be adequately.

dealt with. See, e.g., H.Rept. No. 96-1100, Part I 96th Cong. 2d Sess. at 7; H. Rept. No. 96-1100, Part II 96th Cong. 2d Sess. at 13-14. The timetables set forth in Section 2 of the Project Act amply demonstrate Congress' sense of urgency in getting this Project started. Both the Department and the Commission completed all actions necessary to initiate the project in a timely manner. The Department has been prepared to accept transfer of the West Valley facility since October 14, 1991. The public interest is not well served by the continued delay in the commencement of this clean-up project.

Almost four months have passed since NYSERDA and NFS were notified that the Department was prepared to assume possession of the West Valley facility. In addition, almost six years have passed since NFS notified NYSERDA of its intent to surrender all wastes at West Valley. NFS and NYSERDA have had those six years to work out their differences.

NFS and NYSERDA are now permitting a dispute between them to delay' commencement of a project they both lobbied hard for

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3 in Congress. Consequently, the clear intent of Congress to get on with this project is being frustrated by self-serving intransigence on the parts of both NFS and NYSERDA.

In the Memorandum and Order Directing the Filing of Further Information and Issues, the Board permitted the a

Department to file answers to any of the six questions posed. As a prospective limited participant in this hearing, we have elected to respond to questions 3, 4 and 5.

Question 3 Set forth the issues, with reasonable specificity and basis (See 10 CFR S 2. 714) , which the participants seek to litigate in *his proceeding. For each issue, indicate whethe- it is solely a legal issue or whether the presentation of evidence is necessary or desirable (and if so, set forth the nature of the evidence which the participant would adduce). In addition, for each issue, the proponent-shall in'dicate the nexus of the issue to the license amendment (change no. 31) issued by the NRC Staff.

Answer 3 DOE has requested status as a limited participant in this proceeding in order to assist the Licensing Board in 2

4 assessing the legal sufficiency of Change No. 31 to license No. CSF-1. Specifically, the Department wishes to . ien't' fy important public interest considerations inherent in this I

proceeding.

r Our review of the five issues raised in NFS' response to question 3 (NFS Answer, pp. 7-12) has confirmod our initial belief that there are no issues of fact to be adjudicated in this procee' ding. Notwithstanding the strained analysis NFS gives to its issues, we see no issues that cannot b'e decided as a matter of law.

First, NFS alleges that the transfer violates NRC regulations with respect to DOE's exempt status under 10 C.F.R. 550.11. Even as characterized by NFS, it is clear that this is solely a legal issue, requiring only an examination of Change No. 31 and argument on the scope and interpretation of NRC regulations.

Contrary to the Licensing Board's Question 3, NFS does not specify the " nature of the evidence" that it will adduce on this issue. NFS does say generally that, with respect to the first three issues, " evidence will be required concerning the scope of the project activities, DOE's plan for conducting those activities ~, and the role of the NRC during the course

5 of the project." (NFS Answer, p. 11),

Why this evidence will be required NFS does not say, and DOE sees no apparent reason why it would contribute to a resolution of this question.

4 2(

In the second issue raised, NFS alleges that the transfer provides for an unlawful delegation of NRC's regulatory jurisdiction to DOE.

Resolution of this issue only involves a legal argument concerning the construction of the Atomic Energy Act and the Energy Reorganization Act of 1974.

Again, NFS does not specify what evidence would be adduced i on this issue, and it is not apparent what that evidence l could be.

Third, NFS alleges that the transfer would violate a licensee's alleged right to operate under a clearly defined regulatory standard.

Again, DOE believes that this allega-tion can and should be resolved solely on the basis of legal argument, and does not require presentation of any facts.

Fourth, NFS alleges that NRC has no authority to suspend the Frice-Anderson Indemnity Agreement with NFS, that such suspension is a unilateral modification of the indemnification contract, and that it is unclear what, if any, indemnification coverage would be provided NFS under DOE'.s indemnity agreement with its contractor. These issues involve statutory interpretation e

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. 6 and possible interpretation of implementing regulations, as well as to reference DOE's indemnity agreement with,its contractor. Certainly with respect to the first two items, no evidence need be introduced. However, DOE agrees that a i limited amount of evidence may need to be adduced on NFS' z'

potential liability and the source and extent of any indemnity .

coverage.

I Finally, NFS alleges that the license snendment " conflicts with and vidlates" the West Valley Project Act (NFS Answer,

p. 10) .

It contends that the only way for the State to transfer possession is to first accept surrender of NFS' iights as licensee.

'l DOE believes that this issue requires

,1 only the legal interpretation of the Project Act, Change 31, and the applicable NRC regulations, and that no extrinsic i

evidence need be adduced.

Should the Board conclude that some limited factual presentation is necessary, DOE believes that such facts are obtainable through stipulations as contemplated in 10 C.F.R.

S 2.752. (See, answer to question 5, infra).

Question 4 Is this Board precluded from inquiry into DOE's conduct of the West Valley Demonstration Project where such inquiry is not for the purpose of regulating or licensing DOE activities, but rather is incidental to a determination of the present and future rights and responsibilities of NFS?

4 7

Answer 4 The Board is precluded from an " inquiry into DOE's conduct of the West Valley Demonstration Project", whether or not such inquiry is "for the purpose of regulating or licensing DOE's activities. . . . " NRC review and consultation concerning the Project is governed by the Memorandum of ,

Understanding, effective September 23, 1981 ( Attachment A) , -

as mandated by section 2 (c) of the Project Act. The Memorandum of Understanding provides that NRC review and consultation "shall not be subject to formal Commission procedures or actions required by law for licensed activities". West t

i Valley Demonstration Project, Memorandum of Understanding Between the U.S. Department of Energy and the U.S. Nuclear l- Regulatory Commission, paragraph II.B.l.

In addition to the requirements of the Project Act,'the Commission lacks the authority to exercise regulatory jurisdiction over this DOE demonstration project because the Commission's regulatory authority over DOE activities is limited'to those facilities prescribed by section 202 of the Energy, Reogranization Act of 1974. 42 U.S.C. S5842. */

• / Section 202 provides:

"Notwithstanding the exclusions provided for in section 110a. or any other provisions of the Atomic Energy Act of 1954, as amended (42 U.S.C. 214 0 (a) ) , the Nuclear Regulatory Commission shall, except as otherwise specifically provided by section 110b. of the Atomic Energy Act of 1954, as amended (42 U.S.C. 2140(b)), or other law, have licensing and related regulatory authority

. l 8

The West Valley Project -- a high-level. radioactive waste solidification demonstration -- clearly does not involve any of the four types of facilities delineated in section 202.

Therefore, . even if the Project Act had not expressly limited NRC's regulatory authority over the Project, NRC would still not otherwise have authority to permit the Board to conduct an inquiry into DOE's conduct of the Project.

4 Footnote continued from previous page.

. m pursuant to chapters 6, 7, 8, and 10 of the Atomic Energy Act of 1954, as amended, as to the following facilities of the Administration:

(1) Demonstration Liquid Metal Fast Breeder r2 actors when operated as part of ~ the power generation facilities of and~ electric utility system, or when operated in any other manner for the purpose of demon-strating the suitability for commerical application of such a reactor.

(2) Other demonstration nuclear reactors --

except those in existence =on the effective date of this Act -- when operated as part of the power generation facilities of an electric utility system, or when operated in any other manner for the purpose of demon-strating the suitability for commercial application of such a reactor.

(3) Facilities used primarily for the receipt and ' storage of high-level radioactive wastes resulting from activities licensed under such Act.

(4) Retrievable Surface Storage Facilitics and other facilities authorized for the, express purpose of subsequent long-term storage of high-level radioactive waste generated by the Administration which are not used for, or are part of, research and development activities.

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9 Contrary to NFS's position, DOE perceives no distinction in the fact that the purpose of the Board's inquiry would be incidential to determining the present and future rights and responsibilities of NFS. As NFS correctly notes, the Board "certainly has authority from the Commission to consider the factors relevant to [the] issues". (NFS Answer, p.13).

However, Congress has concluded that DOE's conduct of the project is not relevant for purposes of the NRC review, and Congress provided no qualification of this preclusion, even where the " rights and responsibiliti's of NFS" are concerned.

Nevertheless, the Department will Le pleased to provide to the Bosrd existing publicly available documentation describing the Project as the Board may require. Although DOE does not believe such an inquiry is neccessary, this documentation could be submitted for the purpose of permitting the Board to examine DOE's preliminary plans for the Project to assist in analyzing alleged rights and responsibilities of NFS.

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s MI Question 5 Would a prehearing conference be useful, as suggested

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by'the Staff, after the responses to this order are filed? Are there issues which should be briefed in advance of a prehearing conference?

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10 Answer 5 A prehearing conference to obtain a stipulation as to the facts would be useful if the Board concludes that some limited examination of facts is necessary to resolve the

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issues before it.

Respectfully Submitted, R. Tenney Johnson by: Gregory N. Fess etJu a # 1A 6 1 )

Warren E. Bergholz, Jr.

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. ' cf itema (2) and (3) may be obtained . . .. anapro}*c0 af the f' enter. Under the Act, the terms of tus Wat.ne NRC's i c.. n.c West Valley Project Manager (Prolect*  !

epon request to the U.S. Nucleat demonstrating 'Regulatoryteaunission.Wesbington.m the solidification and Manager) willbe the Departmentisteoponsiblefor NRC point of ' .

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.. e at Regulatory N responsibility for the public health and is responsible for reviewing, consulting ,

Robert A.cark. : .5" M.a 6; ,- , i Defety associated with this protect.The with respect to. and commenting upon-

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@ Department ag:ees to prodde the NRC project activities to identify any chief. Opmrigftsoctors smich Na 3- ' ' -

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in!ormation required to identify any potential radiological danger to the tential rediological danger to public Public health and safety.%e NRCs --

. ya ru. swa w wa.aa-f i .f ,'* ,'* '- alth and safety and to provide access f ears.o ecoc neew l' ;, . "N" Project Manager will receive and .

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' ~ ~ ' to the Center to NRC for the monitoring coordinate the review of project L '

information submitted by the .

y .. .Nemorandor'n'of Understanding'a'-"--t yof ro}ect activities to further avu 4f Ue health and safety fromi Between the NuclearRoguistory* F# will provide the Department with l g

Commission and the Department of ' g.no Department's Deputy Aaalstapt- comments as appropriate or required by Energr.lmplementation of the West Secretary for Nuclear Waste this Agreement.%e NRC's Project '

r Management and Fuel Cycle Programs, g Vaney Demonstration Project Act of Manager will consult with the

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N ' theimplementation of the Department on matters within the scope ne Nuclear Regulatory Commission . terms o this Agmmet.The - of this Agreement.This consultstion E includes the exchange of information.

I (NRC) and the Department of Energy Department's West Valley Project (DOE) have entered into a Memorandum Manager (Project Manager) will be the opinion and advice,in person and in of Understanding concerning the writing. between personnel of both the 1 Department (s point of contact for all Western New York Nuclear Service communicahons relating to carrying out Department and the NRC.  ;

Center (the Center) at West Valley. New the provisions of this Agreement.The ,

III. Agreements Between Parties * '

. York.Tnis Memorandum establishes Department's Project Manager will procedures for review and consultatson coordinate aU interacbons with the NRC g gyf p,.j,jg, ,

by the NRC with respect to activities at and, on a timely basis, provide the NRC 1.De purpose of this Agreementis to the Center under the West Valley the information, reports, and access as promote the timely and orderly Demonstration Profect Act of1980. provided in this Agreement.De compleb,on of the project mandated by

.The text of this Memorandum is set Department s Project Manager will the Act with due regard for the public o g g ,' consult with the NRC on matters within health and safety. Essential to this the scope of this Agreement. Dis consultation includes the exchange of timely and orderly completion is a WEST VALLEY DEMONSTRATION relationship between the agencies PROJECT, MEMORANDUM OF . Information and opinion,in person, and marked by open and candid UNDERSTANDING BETWEEN THE U.S. in wriung. between personnel of both communications at alllevels and prompt 7 DEPARTMENT OF ENERGY AND THE the Department and the NRC. s . .

" resolution of any issues which may ll.S. NUCLEAR REGULATORY R. Nuclearllegulofory Commission COMMtSSION ""

1.ne Act requires that the 2. Insofar as practicable. the NRC Memorandum of Understanding West Department enter into an agreement agrees to receive and use informabon .

Valley Demonstration Project with the NRC to establish arrangements ani reports developed in the course of

• • "" for review and consultation by the NRC t) a Department's routine operations.

with respect to the project. The review and in accordance with Department This Agreement, mandated by the and consultation shall be conducted administrative rules, regulations, West Valley Demonstration Project Act informally and. in accordance with the - procedures and orders which apply to of 1960. (the Act). Pub. L No. os-368. Act shall not be subject to formal its management and control of the establishes procedures for review and Commission procedures or actions consultation by the U.S. Nuclear project.The Department will, however, I required by law for licensed activities. provide the NRC such additional Regulatory Commission (NRC) with The NRC nview, consultation. and information as the NRC may require to respect to activities conducted at the - monitoring established by this identify any potential radiological Western New York Nuclear Senice Agreement will provide the Department Center. West Valley. New York (the danger to the public health and safety with independent analyses to assist the which may be presented by the project Center) by the U.S. Department of Energy (the Department) under the Act.

Department in fulfilling its responsibility To the extent not subject to the for public health and safety.The NRC exemptions contained in 5 U.S.C. 55:(b).

This agreement encompasses those has the responsibility to carefully development, design. construction. information or reports required under operation and decontamination and . review, critique, and analyze,in a timely this agreercent to be submitted by the manner, the information provided to Department to the NRC. for review and decommissioning a:tivities that are identify to the Department any pote tud associated with the project as described radiological danger to the public health in the Act. .

any comments provided by the NRC to l'

O 19. 1981 / N:tices 56% ~

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• Feder;l Register / Vol. 48, No. 2:3 / Thursday, Nevernber the Commi:sion's enmminta, the Before the subadssion of the plan. the i' the Dep:rtmint in responss therets, Diptrtment will so notify the Department may consult with the NRs Commission and publish in the Toderal shall be available for public insp*ction. in person or in writing, with respect to I

3. NRC comments resulting from its Register a detailed etatement for not so I I the development of such plan or any revising the plan.

review and consultation will be Issues that may be presented by it,  !

discussed between the respective h.%e Department willinform the ~

. including decisions which the

.' Project Managers and confirmed in Commission of sigrdficant changes in

, Department proposes to make in writing.The Department willinform the accordance with the process the plan as the project proceeds.

j NRC in writing of the disposition of such contemplated by the National ,,

ste form and Containem a.N a

comments upon NRC's request. EnvironmentalPolicy ActNRCwill partmenM consult wie h E

4. Shon!d an activity be identified by

• ] t respond to a Department request for **

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i NRC as posing an immediste hI8h, e radiological threat to public beslth and such consultation,in person or in .

Center will be solidified and with .

safety, the NRC's Director, NMSS, will wntm,d

b. as the case may be.e Project respectplan to thewill contain containers the to b,e used in the permanent dispesa! of this waste.

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' so notify the Department's ProjectManager.The Department will promptly - levelof detail gene

b. As the basis for this consultation, review the activity and take appropriate conceptual design of structures, and components. As the project systems the Department will provide the NRC a I action.The NRC and the Department continues and more precise information description and an analysis of the extent

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agree that a high priority will be given is developed, that information will be to which the final waste form and i such resolutions. submitted to the NRC prior to the container complies with any NRC 5.The Department will transport, in beginnirig of project activities for which ' technical regulations (or proposed i

accordance with applicable provisions j ' of law, the waste solidified at the Center the information is relevant. regulations) regarding disposal of high-t c.%e Project Plan will be submitted level radioactive waste in geologic to an appropriate Federal repository for

'l permanent disposal. .. . .

as soon as practicable prior to mafor repnaitnnes.

-r 8.h Department will,in accordance construction or modification of . c.Upon remipt the NRC will review "

structures, systems and components at '

with app!! cable licensing requirements, the information and provide written the project facilities. h Pro}ect Plan l dispose oflow-leve' radioactive and' will discues the Department's approach comments and recommendations to the

" transuranic waste produced by the for the conduct of the project by Department. As a basis for its comments solidification of the liquid high-level, and remmmandations, the NRC will uce

} describing whalls going to be done and waste under the project. how it will be accomplished, and will any technical criteria issued with l 7. For those portions of the Center in respect to the waste form and include: containers that may be emplaced in the possession of the Department which (1) A description of what is to b*

4 are not used in connection with the developed, constructed, or used geologic repositories that are subject to project, the Department wiII provide the includmg the major systems or elements the licensing jurisdiction of the NRC.

j Commission information to identify any of the project and facilities,whether 3. Sofety Analysis Reports and Other

,4 potential radiological danger to the existing, modified, or new. W m a h n b M al

., public health and safety and access to (2) A description of the status of c nstruction w moscation of

, ,d monitor the activities. technology foe implementing the project structuns, systems a components, the 8.To the extent that detaHed working including a description of any ongoing or Department will prepare a safety 1 d 5 procedures are necessary to implement ment wolk analysis report (SAR) that will assure 4 the provisions of the Act and of this planned supporting develohependent.

upon which the project is , that:(1)Potentialhavards are T Agreement, the Department and the (3) A description of the specific systematically identified: (2) potential :

NRC agree to establish such procedures scientific, technological, or engineering impacts are analyzed: and (3)

I by the exchange ofletters between the masonaMe measuns to andnete, q approaches or processes to be used in -

! Department's Profect hfanager and the ^ meeting the project objectives. control or mitigate the hazards have NRC's Chief. Advanced Fuel and Spent (4) A preliminary project schedule and.- been takan.h Department wul submit,, _,

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• mm,q I Fuel Licensing Branch, or his successor,s. If an tsese should arise which- b SARv4. wSI, adamatptions contam hgn u of eac i cannot be promptly resolveu between! ' project incinMnp the work to bearrampliebed and products der l Project Manegers, the NRC and the including mafor project events, technica) #" "'"" mditions for operation. u, i Department agree to' refer the matter to-" activities, and decialon points. . . . .

appropriate management levels foro

• . d.Upon submiasion of the Profect Plan ~ b safety analysis ,

resolution. to the NRC, the Department will publish (1) A description and evaluation of the - -*

10.Nothing in this Agreement shall in the Federal Register a notice of the .G derogste from the statutory authority project facilities and gw.~._7;(2)

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submission and the plan's avaRability" design criteriaMor systems, coespenents, a the Department or the NRC. for publk

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. .. and atructures:(3) normal and  ;

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cmergency operating procedures to be ;

,i B. Specific Provision' *

f. Waste Solidification, Disposal, and provide written mannects to the used:14) identification of bazards (5)

Department. In preparmg its comments, physical deelgo features and ? -

Decentamination Plon(the Project _

5 Plea). a.W Department will submit ta the NRC wul specify wim predsion ite . administrative controls prov6ded to- ' a i A the NRC, for review and commcat s.

-- objectica to any provision of the plan. -% M preveest er mitigene potennel di- acc5 de (e. L Upon recetyt of Canunfeeles plan for the solidification of the high. ~

level waste at the Center. the removal as' cominents, in the Federal Registar a notice of...

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' :1 iVF- '-- I'RegimerilisL.es.4Eo. 223 / hrsday..N;vernber 19.19st;/* Not. ices LN - j considers comments on the forms and , 3 , l'

.no monitoring results will be . .~.. ~

. A q'uality assurance plan and a ' C . " ., recordkeeping requirements that will  ;

a:feguards and seenrity plan will bd m 'di-==M between the respectrve r - , aHect the public. . .s Project Managers and provided to the .

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cdv nce of the SARif they are avellable monitor 6ng report.De Department wW Every Monday and Dursday OMB

. inform the NRCin writing of the -e :c__ -'

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' cartie:.. w..;;._ e. A c. .: g b.Before solidification of the wasta,-  ; disposition of each rr== ants upoo - publishes a list of the agency forms r 1. received for review since the last list the Department wW provide in the NRC . SRC's requeet.. b.Reconis Exammation.

was published.%e For the list has all the [

infonnation updating the SAR which entries for one agency together and will desribe the project facilities as . purposes of further assuring the public

• mealth and safety,the Department wG grouped into new forms, revisions.

ectudly constructed or modified where ' make available to the NRC for - extensions (burden change), extensions such construction or modification does examination and copying. upon (no change), or reinstatementa. De agency clearance officer can tell you the l not conform to the desedption antalned rcasonable notim, records kept by the in the SAR.ne SAR updates will nature of any particular revision you are  ;

Department per* aiming to the project. '

cddress changes in design. safety . . - '- ' interested in. Each entry contains the .

operating limits, and minimum IV. Effective Date " "" " " - " foDowing information:.

conditions for operation and wm be . His agreement shall tale ~effect up" ' ne name and telephone number of the similar in form to the SAR. the signing by the Deputy Assistant agency clearance officer (from whom a

4. Decontaminoflon and - m .~ - Secretary for Nuclear Waste . . copy of the form and supporting documents Decommissioning. a.%e Department Management and Fuel Cycle Programs is available) will perform an analysis of impacts and of the U.S. Department of Energy. and 9.s ofnce of the agency inuing this form ition modes for ne title of the form - . .

risks ofP tentialdi cilities oy

- the Director. Offlee of Nuclear Material ' ne a,ency form number.if appt<=14._- .

, the tanks andl other[osCenter in whic'h safety and Safeguards,US.Nuclese the'high-and shallevel,,.,th-

'P1 Regulatory Commission, . &w often the form must be fiHed out .

Who will be required or asked to report rauosetive waste solidified under the tinue in effect until revised by ne standard industrial classification (SIC) project was stored. and facilities, mutual agreement unless terminated by codes, referring to specific respondent

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matenal, and hardware used in either party, for gwd cause, upu m groups that are affected connection with the project.%e NRC Whether small businesses or organintions. j days notice in writing. <

j and Department project managers will For the Unf ted States Department of are affected .

consult on requirements and disposition A description of the Federal budget  ;

Energy. e funcuona ca e a m ers &

modes to be analyzed. Sheldon Meyers. g,yo g t, a oc

b. Upon receipt of the Department Dated September 22.19et. An estimate of the number of responses cnalysis, the NRC will prescribe An estimate of the total number of hours decontamination and decommissioning ' For the United Sistes Nuclear Regulatory needed to rul out the form (D&D) requirements in accordance with Commiuton.. ,

An estimate of the cost to the Federal the Act. John C. Davis.

c. The Department will prepare a . Dated: September 23,19e1- An estimate of the cost to the pubhc Project Decommissioning Plan which Dated at Silver Spring. Maryland. thia 1!.th ne number of forms in the request for includes a description of engineering day of November.1981. a roval and operating activities to be performed. For the Nuclear Regulatory Commission. An dication of whether Section 35o4(h) of Pub. I.96-511 applies his plan will be reviewed by the NRC Leland C. Rouse. ne name and telephone number of the and comments provided to th* Chief. AdvancedfuelandSpentfuel person or office responsible for OMB Department.The Department will I.icensing Branch Division ofruelCycle and review and review and consider the comments Afoterio/Scfety. An abstract describing the need for and uses provided prior to initiation- of D&D - p, o,c ,ssm,,ua n_muj . . of the information collection. .

- - malpea coos e operationa. - ~~

Reporting or recordkeeping -

3 d. ne Department will prepare a Site requirements that appear to raise no .

Status Report. The report will provide: significant lasues are approved OFFICE OF MANAGEMENT AND (1) A statement of the D&D promptly. Our usual practice is not to requirements prescribed by NRC and an BUDGET '

take any action on proposed reporting analysis of the extent to which such Agency Forms Under Review requirements until at least ten working requirements have been satisfied for days after notice in the Federal Register.  ;

those portions of the Center required to November 11.19e1,

, but occasionally the public interest I be decontaminated and Background requires more rapid ar. tion.

decommissioned by the Act; and When executive departments and ,

(2) A description of thoser portions of Comments and Questions ,

the Center in the possession of the agencies propose public use forms. >

Copies of the proposed forms and Department with particular reference to reporting. or recordkeeping  !

requirements, the Office of Management supporting documents may be obtained -

physical and radiological conditions. from the agency clearance officer whose

5. Afonitoring. a.ne Department will and Budget (OMB) reviews and acts on  ;

those requirements under the Faperwork name and telephone number appear afford the NRC such access as Reduction Act (M U.S.C., chapter 35). under the agency name.The agency ,

necessary to monitor project activities .

to further assure the public health and Departments and agencies use a number clearance officer will send you a copy of of techniques including public hearings the proposed form. the request for safety.The NRC will use the clearance (SF83), supporting statement, to consult with the public on significant descriptions, operating limits, minimum instructions, transmittal letters, and conditions, and technical specifications reporting requirements before seeking OMB approval. OMB in carrying out jts other documents that are submitted to included in the SAR as.the criteria for OMB for review. lf you experience conduct of its monitoring program. responsibility under the act also

)

1I O ^ b

. - . -[

UNITED SETES OF AMERICA NUCLEAR REI3UIA'IORY CITEISSICN

. , p~ 7 0 0 p g ,3 4 BEFORE 'IHE A'KMIC SAFETY AND LICENSING BOARD

s. , .a ef-

. < ~ jd. h . ' .

)

In the Matter of )

)

NUCLEAR FUEL SERVICES INC., )

AND )

NEW YORK STATE ENERGY RESEARCH ) Docket No. 50-201 OIA AND DEVEIDPMEN"I AUIHORITY )

)

(Western New York Nuclear )

Service Center) )

)

Lt.KnrICATE OF SERVICE I certify that copies of the DOE Response to ASLB Memorandum and Order i Directing the Filing of Further Information and Issues in the above-captioned proceeding have been served on the following by deposit in the United States nail, first class, this 8th day of February,1982:

Lawrence,Brenner, Cha1Iman Irvin D. J. Bross, Ph.D.

Administrative Judge Director of Biostatistics Atanic Safety and Licensing Board Roswell Park Memorial U.S.

U.S. Nuclear Regulatory Ccunission Institute Washington, D.C. 90555 666 Elm Street Buffalo, N.Y. 14263 Dr. Jerry Harbour Administrative Judge Orris S. Hiestand, Esq.

Atcmic Safety and Licesning Board Morgan, Lewis & Bockius Nuclear Regulatory Ccmnission 1800 M Street, N.W.

Washington, D.C. 20555 Washington, D.C. 20036 Mr. Peter A. Morris Atanic Safety and Licensing Administrative Judge Board Panel Atcmic Safety and Licensing Board U.S. htclear Regulatory U.S. Nuclear Regulatory Ccmnission Ca' mission Washington, D.C. 20555 Washington, D.C. 20555 o

,i-, ,.

Docketing and Service Section Guy H. Curaingham, III, Esq.

Office of the Secretary U.S. Nuclear Regulatory

{ U.S. Nuclear Regulatory Ccmnission Ccmnission Washington, D.C. 20555 Office of the Executive legal Director Atanic Safety and Licensing Appeal Washington, D.C. 20555 Panel U.S. Nuclear Regulatory Ccmnission John F. Klucsik, Esq.

Washington, D.C. 20555 U.S. Nuclear Regulatory Ccanission James R. Wolf, Esq. Office of the Executive Legal U.S. Nuclear Regulatory Ccmnission Director Office of the Executive Legal Washington, D.C. 20555 Director Washington, D.C. 20555 MM Gregory M. Fehs Trial Attorney Office of the General Counsel for General Litigation U.S. Departmen't of Energy Roczn 6H087, GC-23 Washington, D.C. 20585 Dated: February 8, 1982 Washington, D.C.

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