ML20043D669
| ML20043D669 | |
| Person / Time | |
|---|---|
| Issue date: | 06/05/1990 |
| From: | Hurt R NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | Bixby W ENERGY, DEPT. OF, IDAHO OPERATIONS OFFICE |
| References | |
| REF-PROJ-M-32 NUDOCS 9006110046 | |
| Download: ML20043D669 (1) | |
Text
l
, m JUN 8 5-1990 Project M.32 f
Willis W. Bixby, Director West Valley Project Office
{
U. S. Department of Energy Idaho Operations P.O. Box 191-West Valley, NY 14171
Dear Dr. B_ixby:
Tj The enclosure is a trip report on our meeting in New York,_New York,
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concerning the Federal Facilities Compliance Agreement being negotiated between-j you and the Environmental: Protection Agency. The trip report describes what we consider to be NRC's interest in the agreement as well as the' level of!NRC l
involvement we think is appropriate in future deliberationsLon this subject.
,a Please advise us if this is in any way inconsistent with your own view of the.
t matter.
Sincerely, U'
R. Davis Hurt West = Valley Project Manager Advanced Fuel and Special.
Facilities Section-Fuel.. Cycle. Safety" Branch-Division of Industrial and Medical Nuclear Safety:
Enclosure:
Memorandum from R. D. Hurt-to C. J. Haughney:
Hay 24, 1990 l
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- E WASHINGT ON, D. C. 205$5 N*****f MAY 2 4 1990 Project M-32 MEMORANDUM FOR:
Charles J. Haughney. Chief
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f Fuel Cycle Safety Branch.
Division of Industrial and Medical Nuclear Safety FROM:
R. Davis Hurt-Advanced Fuel and Special Facilities Section Fuel Cycle Safety Branch -
Division of Industrial.and Medical Nuclear Safety
SUBJECT:
MEETING CONCERNING A FEDERAL FACILITIES COMPLIANCE AGREEMENT FOR THE WEST VALLEY DEMONSTRATION PROJECT The Department of Energy (DOE) is negotiating a compliance agreement and consent order with the Environmental Protection Agency'(EPA) that would cover-00E activities at the West Valley Demonstration Project. 'The New York State Energy Research and Development Authority.-(NYSERDA), DOE's partner in the West Valley Demonstration Project and the ~ owner of the West Valley property, would be a party to these agreements. So would the New York State-Department of Environmental Conservation, the state. agency authorized by EPA to regulate l.
hazardous wastes. The purpose of the agreement under negotiation would-be to-l establish a-process for implementing ~ plans and schedules for'the management.of l
radioactive mixed waste consistent with the requirements of the-Resource Conservation and Recovery Act and the New York State Eniironmental Quality Review Act.
On May 10, 1990, I attended a meeting in New York,'New York', on this matter, accompanied by James R. Wolf of the Office'of the General Counsel and Dominic A.
Orlando of the Division of low-level Waste Management aid Decommissioning.
A list of attendees from the other agencies is enclosed Most of the other
-parties present had apparently met several times before. This was:the first l
meeting attended by representatives from the Nuclear Regulatory Commission (NRC).
L NRC has an interest in this subject for-two reasons.
First, we have responsibilities under the terms of the West _ Valley Demonstration Project Act for matters of safety presented by the Project.
Any measures undertaken by DOE by virtue of new agreements with EPA may need review by NRC for this purpose..
Second, NRC will have a large role in; determining how the site should i'
be cleaned up. The West Valley legislation specifically gave NRC the' responsibility of defining dacontam N tion and decommissioning criteria for.the i
facilities'and materials used by 00E in connection with the: Project.: Any facilities or-materials under DOE's custody at present but not used by DOE in connection with the Project would, at a minimum, revert to NRC's licensing authority-when the Project is completed.
So under the current regime, NRC's decontamination and decommissioning standards will be.directly applied, sooner or later, to all parts of the West Valley site that were covered by the original 0$
N
MAY 2 41990 Charles J. Haughney
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NRC license, which is to say all parts of the site except the state-licensed-burial ground.
DOE and NYSERDA have undertaken to write an Environmental Impact Statement on the topic of site closure that will consider all features l
of the site, both the parts currently under DOE control and the state-licensed l
burial ground.
NRC has agreed to work closely with DOE and NYSERDA to ensure i
that the Environmental Impact Statement r ?erly reflects NRC's standards. Any l
agreement made with EPA regarding remediai
- tions will have to be closely assessed for its impact on this site closure' evaluation process.
l It was clear in the meeting that DOE and NYSERDA have not completely agreed on the division of responsibility for any remedial actions that might have to be i
taken on the site, either at the site closure stage or before.
When the EPA representatives asked when such responsibilities would be determined, the NYSER0A representatives suggested that the conditions of the suspended NRC license might prevent action on their p6rt.
We said that we did not think the NRC license should be an impediment to any needed remedial actions, and that we would be prepared to consider amendments to the license if the need arises.
[JO l'
s R. Davis Hurt, Project Manager Advanced Fuel and Special Facilities Section j
Fuel Cycle Safety Branch Division of Industrial and Medical Nuclear Safety
Enclosure:
1.ist of attendees
t
- LIST OF ATTENDEES NRC:
D. Hurt (INNS)
J. Wolf (OGC)
D. Orlando (LLWM)
DOE:
W. Bixby (WVPO)
C. Ljungberg.(WVPO).
B. Bowhen Idaho. Operations 0GC)'
P. Hinman IdahoOperations}-
D. Rasch (!daho' Operations)
T.Mc!'ntosh1(HO)
M. Stahr (HQ)
L. Waldo-Smithl(HO)
C. Blake (HQ)
V. Franklint (contractor)
J..Knabenschuh(contractor)
G. Baker (contractor)
R. Carter (contractor) d EPA:
J. Gorman C. Howard W. Sawyer NYSERDA:
H. Jack (counsel)
P. Gitlen D. Hiller NYSDEC:
J. Jones T. Diguilio D.-Christian S. Quine.
K. Johnson
. I 8
f l
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