ML20040H066

Advises That Ny State Energy R&D Authority Supports Amend to License CSF-1 Terminating Nfs Authority & Responsibility Only in Context of Resolution of Pending Litigation in Us District Court.Certificate of Svc Encl

ML20040H066
Person / Time
Site:	West Valley Demonstration Project
Issue date:	02/09/1982
From:	Jack H NEW YORK, STATE OF
To:	Cunningham R NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
References
ISSUANCES-OLA, NUDOCS 8202170100
Download: ML20040H066 (4)

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New York Etate Energy Fiesearch and Development Authority Two Rockefeller Plaza . Albany, New York 12223 (518)465-6251 L OCKn gym",

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<a D Mr. Richard E. Cunningham, Director p j *,52 D Division of Fuel Cycle and *@ N  ; ,A Material Safety y 1 Office of Nuclear Material y g ph

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Safety and Safeguards ,

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Dear Mr. Cunningham:

The Authority has received a copy of a letter of February 1, 1982, from Ralph W. Deuster, President of Nuclear Fuel Services, Inc. ("NFS"),

applying for an amendment of License No. CSF-1. The proposed amendment would terminate NFS's authority and responsibility under the license, effective only upon the occurrence of certain events, including settlement of the pending litigation between the Authority and NFS in the United States District Court for the Western District of New York.

The Authority supports an amendment to License No. CSF-1 terminating NFS's authority and responsibility under the license, but only in the context of a resolution of the pending litigation between the Authority and NFS in the District Court. Accordingly, the Authority will agree to an amendment of License No. CSF-1 adding a new Paragraph 8 to the license, if it reads:

8.A. Effective upon (1) acceptance of surrender of the facility by the New York State Energy Research and Development Authority

("NYSERDA") from NFS; (2) DOE's assumption of exclusive possession of the facility in accordance with Paragraph 7; and (3) the Settlement Date (" Settlement Date") of a Settlement Agreement, Stipulation and Order in Civil Actions No.81-18E and 81-683E in the United States District Court for the Western District of New York (" Settlement Agreement"):

a. The authority and responsibility of NFS under the license are terminated. Notwithstanding such termination, NFS shall promptly transfer to NYSERDA all records in the possession of NFS that are maintained pursuant to the license that have not been previously transferred to DOE. 3 I/

8202170100 020209 PDR ADOCK 05000201 ppR

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b. All references in Paragraph 7 to " licensee," " licensees,"

" licensees under this license, as their respective interestei under this licence appear," or " licensees, as their respective interests under this license appear" shall thereafter refer exclusively to NYSERDA.

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. A.

B. NFS and NYSERDA shall jointly file with the Commission, as soon as practicable, a copy of any Settlement Agreement and notice of acceptance of the facility by NYSERDA: and NYSERDA shall file with the Commission, as soon ar practicable, notice of DOE's assumption of exclusive possession of the facility in accordance with Paragraph 7.

C. As soon as practicable, NFS and NYSERDA shall give the Commission notice of the specific date, by month, day, and year, that constitutes the Settlement Date.

On the basis of discussions with representatives of NFS and the U.S.

Department of Energy (" DOE"), we understand that this modified amendatory language is acceptable to both NFS and DOE.

Any different amendment terminating NFS's authority and responsibility under License No. CSF-1 would be opposed by the Authority, and the Authority would request a hearing thereon prior to any Commission action, for the reasons set forth in the letter of December 17, 1981, from Authority Chairman Larocca to Mr. Leland C.

Rouse concerning NFS's October 6, 1981 application for termination.

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i Howard A. Jack First Deputy Co isel cc Ralph W. Deuster Warren E. Bergholz, Jr., Esq.

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UNITED' STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )

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NUCLEAR FUEL SERVICES, INC. )

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AND ) Docket No. 50-201 OLA

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NEW YORK STATE ENERGY RESEARCH )

AND DEVELOPMENT AUTHORITY ) '

(Western New York Nuclear )

Service Center )

CERTIFICATE OF SERVICE I certify that copies of the above letter have been served as of this date by first class mail, postage prepaid, upon:

Lawrence Brenner, Chairman Warren-E. Bergholz, Jr., Esq.

Administrative Judge Office of General Counsel Atomic Safety and Licensing Board U.S. Department of. Energy U.S. Nuclear Regulatory Commission ~ 1000 Independence Avenue, S.W Washington, D.C. 20555 Washington, D.C. 20587 Dr. Jerry Harbour Irwin D. J. Bross, Ph.D.

-Administrative Judge Director of Biostatistics Atomic Safety and Licensing Bosrd Roswell Park Memorial Institute U.S. Nuclear Regulatory Commission 666 Elm Street Washington, D.C. 20555 Buffalo, New York 14263 l Mr. Peter A. Morris Counsel for NRC Staff i Administrative Judge Office of the Executive Legal Atomic Safety and Licensing Board Director U.S. Nuclear Regulatory Commission U.S. Nuclear- Regulatory i Washington, D.C. 20555 Commission Washington, D.C. 20555 i

Orris S. Hiestand, Jr., Esq. Docketing and Service Section Morgan, Lewis & Bockius Office of the Secretary 1800 M Street, N.W. U.S. Nuclear Regulatory Washington, D.C. 20036 Commission

Washington, D.C. 20555 i

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George L. Edgar, Esq. Atomic Safety and Licensing Morgan, Lewis & Bockius Board Panel 1800 M Street, N.W. U.S. Nuclear Regulatory Conn.

Washington, D.C. 20036 Washington, D.C. 20555 Frank K. Peterson, Esq. ~ Atomic Safety and Licensing Morgan, Lewis & Bochius Appeal Panel 1800 M Street, N.W. U.S. . Nuclear Regulatory Conn.

Washington, D.C. 20036 Washington, D.C. '20555

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Howard A. Jack First Deputy Counsel New York State Energy Research and Development Authority Dated: February 10, 1902 Albany, New York i

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