ML20040H588
| ML20040H588 | |
| Person / Time | |
|---|---|
| Site: | West Valley Demonstration Project |
| Issue date: | 02/11/1982 |
| From: | NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | |
| Shared Package | |
| ML20040H585 | List: |
| References | |
| NUDOCS 8202180414 | |
| Download: ML20040H588 (5) | |
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U.S. NUCLEAR REGULATORY COMMISSION SAFETY EVALUATION REPORT RELATED TO AMENDMENT NO. 32 TO FACILITY OPERATING LICENSE CSF-1 DIVISION OF FUEL CYCLE AND MATERIAL SAFETY FEBRUARY 1982 1.
FINDING OF NO SIGNIFICANT HAZARDS CONSIDERATION
' Introduction Paragraph 4.A. of License No. CSF-1 provides that in the eent of any expiration, modification, cancellation, or termination of the contractual arrangement between Nuclear Fuel Services, Inc. (NFS) and the New York State Energy Research and Development Authority (NYSERDA)M r any other o
change in the relationship between them, including any proposed transfer from NFS to NYSERDA of responsibility for the operation and care of those portions of the facility in which the storage and burial of radioactive wastes will take place, NFS or NYSERDA may apply to the U.S. Nuclear Regulatory Commission (the Commission) for an appropriate amendment of this license reflecting the future responsibilities of NFS and NYSERDA with respect to satisfying Commission regulatory requirements.
NFS and NYSERDA have agreed, subject to the occurrence of certain contingencies, l
I to terminate the contractual agreement between them and have proposed to
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l transfer from NFS to NYSERDA, in the event of such tennination, responsibility for the operation and care of the facility following the completion of E
The New York State Energy Research and Development Authority (NYSERDA) is successor to the Atomic and Space Development Authority ( ASDA), the agency which is named in License No. CSF-1.
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high-level waste solidification by the Department of Energy. To reflect this change in responsibility, the Commission proposes to modify the license by terminating the authority and responsibility of NFS upon DOE assuming exclusive possession and control of the facility as provided in paragraph 7, of License CSF-1, as amended, and the occurrence of the contingencies referred to above.
C' nsideration of Criteria o
As provided by 10 CFR 5 50.91, the U.S. Nuclear Regulatory Commission (the Commission) determines, before acting thereon, whether a proposed amendment to a facility license involves a significant hazards consideration.
In making this detennination, it is appropriate to consider whether operation of the facility would (1) involve a significant increase in the probability of consequences of an accident previously evaluated, (2) create the i
possibility of an accident of a type different from any evaluated previously, or (3) involve a significant reduction in a margin of safety. If the Commission reaches a negative conclusion on all criteria set forth in (1), (2), and (3) above, the proposed amendment may be considered to involve I
no significant hazards consideration.
It should be noted, first, that the previous Amendment (Change No. 31) authorized transfer of the facility to D0E.
Because DOE is exempt from Commission licensing, there is no need to evaluate any hazard associated with operation during the period when the facility is in DOE's possession
and control.2/ Whereas the license previously suspended the rights and responsibilities of NFS during the period of DOE possession and control, the proposed license modification would terminate NFS's authority and responsibility.
The authority and responsibility c' NYSERDA would continue to be suspended.
During this period, all three of the above criteria are met and the proposed license modification may be considere'd. to involve no significant hazards consideration.
Having made this determination, it is appropriate to consider whether, when DOE completes the West Valley Demonstration Project and NYSERDA reacquires the facility, its operation would involve a significant increase in the probability or consequences of an accident previously evaluated. Two factors influence the probability or consequences of an accident. They are the radiological risk inherent in conditions at the facility, and the ability of the facility operator to prevent accidents or to mitigate their consequenccs.
Upon resumption of activities under the license following completion of the West Valley Demonstration Project by DOE, the most important safety-related aspect at the site, the continued care of the liquid high-level waste, will no longer exist.
It will have been solidified and transported to a Federal repository for permanent disposal. At least part of the facility will have been decontaminated and decommissioned by DOE in accordance with such requirements as the Commission may prescribe. The inherent risk associated with conditions at the site will have been reduced accordingly.
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The Commission is required, however, to conduct an informal review and consultation with respect to the project pursuant to arrangements with DOE. Pub. L.96-368, 94 Stat. 1347, 52(c). Such arrangements have been established by means of a Memorandum of Understanding effective September 23, 1981. 45 FR 56960, November 19, 1981.
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The proposed license modification would teminate NFS as the facility operator without changing the authorization of NYSERDA to hold title to the facility. NYSERDA is not currently licensed to operate the facility nor would it be under the proposed modification. Whether a licensed operator possessing the requisite financial and technical qualifications will be necessary when NYSERDA, or its successor, reacquires the facility cannot be detemined now.
It is clear that upon completion of the West Valley Demonstration Project, radiological risk at the facility will be reduced from its present level.
It is not clear whether that reduction in radiological risk will permit release of the facility to unrestricted use not requiring a Comission licensed operator. This cannot be determined now because DOE plans for operation of the facility have not been finalized and the requirements for decontamination and decomissioning the facility have not yet been established.
It is important to note, however, that under the West Valley Demonstration l
Project Act, the Comission will prescribe these decontamination and decommissioning requirements.
In doing so, the Commission will detennine the level of long term radioltical risk remaining at the facility and any l
need for a licensed operator. The Comission considers NYSERDA, as an agency l
l of the State of New York, to possess sufficient institutional stability and i
financial resources, to enable it to acquire the technical qualifications to prevent accidents or to mitigate their consequences, if a licensed operator is needed when NYSERDA, or its successor, reacquires the facility.
Under paragraph 7, NYSERDA would be required to comply with technical specifica-tions and such other conditions as the Comission finds to be necessary and proper. Operation of the facility at that time will not involve a significant increase in the probability or consequences of an accident previously evaluated.
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. 1 When NYSERDA, or its successor, reacquires the facility there will be no possibility of creating a type of accident different from those presently evaluated because the project facilities will have been decontaminated and decommissioned and no new activities are authorized.
In addition, the margins of safety will be increased, rather than reduced, since the high level liquid radioactive waste will no longer be present an'd since the facility will have been decontaminated and decommissioned according to such requirements as the Commission may prescribe.
Upon resumption of licensed activities, the three criteria are met and the proposed license modification may be considered to involve no significant hazards consideration.
Conclusions Based on the above discussion, the staff has concluded that the issuance of Amendment No. 32 to Facility License No. CSF-1 involves no significant hazards consideration.
II. FURTHER FINDINGS In accordance with 10 CFR S 50.91, the staff further concludes that the issuance of the license amendment will not be inimical to the common defense and security or to the health and safety of the public.
In accordance with 10 CFR S 51.5(d)(4), no environmental report, environ-mental impact appraisal or asses...:ent, negative declaration or finding of no significant impact or environmental impact statement is required with respect to the issuance of the license amendment.
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