ML20041A468

Responds to 820201,04 & 05 Ltrs & Requests Hearing on Proposed Amend,Paragraph 8.DOE Must Stipulate to Waiving Claim of Exclusive Control So That Responsibility for Protecting Public Remains W/Nrc.Certificate of Svc Encl

ML20041A468
Person / Time
Site:	West Valley Demonstration Project
Issue date:	02/16/1982
From:	Bross I J ROSWELL PARK MEMORIAL INSTITUTE
To:	Brenner L, Harbour J, Morris P Atomic Safety and Licensing Board Panel
References
NUDOCS 8202220192
Download: ML20041A468 (3)

Text

-

rw'in D.J. Bross, Ph.D.

Director c f Biostatistics Roswell Park Memorial Institute ' -

666 Eltn Street Buffalo, N.Y.14263

'82 FER 18 P3:43

~o o,~.. s.,.. ...,.. .~. ,. co..

io... . .,w ,... .

. . .....c .. ... .. ... .

.. .. .s. ~ v si... m... o. , .,

is. ... . ,.soo o, (i'

February 16, 1982 " ( g y.;

The lionorable Peter A. Morris The llonorable Lawrence Brennar Administrative Judge Administrative Judge Atomic Safety & Licensing Board Chairman, Atomic Safety &

U.S. Nuclear Regulatory Licensing Board Commission U.S. Nuclear Regulatory Washington, D.C. 20555 Commission Washington, D.C. 20555 The Honorable Jerry liarbour y y , l ,1

~'

Administrative Judge -X atomic Safety & Licensing Board O ,\

U.S. Nuclear Regulatory Commission '

Washington, D.C. 20555 "

Re: Docket No. 50-201 - Provisional b Operation License No. CSF-1 -

\V /

Dear Administrative Judges:

\

V This is in response to a series of letters which will hereafter be identified by date. These are (1) Letter from Ralph W. Deuster (February 1, 1982) ; (2) Letter from 0.S. Hiestand (February 4, 1982);

(3) Letter from Richard Cunningham (February 5, 1982), with blue pen marking my name on the distribution list.

The letter of February 1, 1982 proposed an amendment which will hereafter be referred to as " Paragraph 8". Paragraph 8 reflects an agreement between NFS, NYSERDA, and DOE that was brokered by Senator Daniel Patrick Moynihan with the stated purpose of accelerating the clean-up procedures (that are involved in the previous amendment and Docket No. 50-201). IIence, the contention in the letter of February 4, 1982 that "the proposed amendment is not an issue before the Board" seems to me invalid. Certainly the issues involving the public health and safety of the citizens of Western New York that I had previously raised before the Board apply with even more force to un amendment that would accelerate the onset of these documented hazards. Ilowever, in view of the contention, I am requesting a hearing on Paragraph 8 (together with or separately from the hearing on the previous amendment) .

The letter of February 1, 1982 specifically refers to " DOE's gy assumption of exclusive possession and control of the facility". This claim of exclusive control also deprives Western New Yorkers of existing 3 protection of their property (i.e., of clearly specified liability in 7 do 8202220192 820216 PDR ADOCK 05000201 0 PDR

r AddinistrdLiVu Judges

.. Fcbruary 16, 1982 Page 2 event of a loss of containment accident caused by DOE mismanagement) .

The 1983 budget submitted to Congress actually eliminates DOE as a department. Where the components cf DOE involved in the WVDPA would be relocated and what insurance or other fiscal guarantees to Western New Yorkers would remain after these changes are now uncertain.

Let me stress that delay is not my purpose. If DOF would stipulate that it waives its claim to exclusive control so that the responsibility for protecting the public health and safety would remain with NRC, I believe there could be a timely resolution of this matter.

Very sincerely yours s

I .in D.J. Bross, Ph.D.

Jirector of Biostatistics IDJB/mak 1

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSICN In the Matter of ) Docket No. 50-201

) Provisional Operating NUCLEAR FUEL SERVICES ) License No. CSF-1 CERTIFICATE OF SERVICE

• I hereby certify that the foregoing has been served as of this date by first class mail, postage prepaid, to the following:

Lawrence Brenner, Chairman Warren E. Bergholz, Jr., Esquire 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 Counsel for NRC Staff Administrative Judge Office of the Executive Legal Atomic Safety and Licensing Board Director U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Washington,.D.C 20555 Mr. Peter A. Morris Docketing and Service Section Administrative Judge -Office of the Secretary Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory. Commission Washington, D.C. 20555 Washington, D.C. 20555 Atomic Safety and Licensing Board Panel Carmine J. Clemente, Esquire U.S. Nucleare Regulatory Commission General Counsel Washington, D.C. 20555 New York State Energy Research and Development Authority Atomic Safety and Licensing Appeal Panel Two Rockefeller Plaza U.S. Nuclear Regulatory Commission Albany, N.Y. 12223 Washington, D.C. 20555 l.

Philip H. Gitlen, Esquire Mr. Richard E. Cunningham, Director Whiteman, Osterman & Hanna Division of Fuel Cycle and Material 99 Washington Avenue Safety i

Albany, N.Y. 12210 U.S. Nuclear _ Regulatory Commission Washington, D.C. 20555 Orris. S. Hiestand, Esquire Morgan, Lewis & Bockius / Mr. Samuel Chilk, Secretary j 1800 M Street, N.W. U.S. Nuclear Regulatory Commission.

Washington, D.C. 20036 1717 H Street, N.W.

Washington, D.C. 20555 e.

i Dated: February 16, 1982 M '

T ' f D.J. Bross, Pi.

M rector of'Biost istics Roswell Park Mem rial Institute h