ML20044G422

Forwards Revised Decommissioning Plan for Battelle Memorial Inst Columbus Operations to Nrc

ML20044G422
Person / Time
Site:	07000008
Issue date:	05/25/1993
From:	Fess G Battelle Memorial Institute, COLUMBUS LABORATORIES
To:	Emeigh C NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
Shared Package
ML20044G423	List: ML20044G422
References
NUDOCS 9306030064
Download: ML20044G422 (6)

Text

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OBaLeIIe l'uart; lec hnolo;w lo ubik 5(6 Kmg Avenue Columbus, Ohio 43201-2693 Telephone (614) 424-6424 Iac simde (610 424-5263 May 25,1993 Mr. Charles W. Emeigh Chief, Licensing Branch Division of Fuel Cycle Safety and Safeguards Office of Nuclear Material Safety and Safeguards U.S. Nuclear Regulatory Commission Washington, D.C. 20555

Subject:

BATTELLE MEMORIAL INSTITUTE Materials License No. SNM-7 Docket No. 70-8

Dear Sir:

Enclosed are two documents for your review and information.

The first is Battelle's revised Decommissioning Plan (3 copies) for those facilities that are included in the Battelle Columbus Laboratories Decommissioning Project ("BCLDP"). As you know, this project is being performed under contract with the U.S. Department of Energy, which is primarily responsible for its funding. Battelle, as holder of NRC License No. SNM-7, is carrying out the decommissioning in accordance witn NRC regulations, and the Decommissioning Plan is intended to meet the guidance provided in Regulctory Guide 3.65. This submittal supercedes our earlier 1990 Decommissioning Plan. You will see that the Plan's Chapter 5 - Fundine, states that our plans for providing Financial Assurance are currently being completed and will be transmitted when they are final. This matter is addressed below.

The second enclosure, dated May 5,1993, is DOE's Statement of Intent to Support the Battelle Columbus Laboratories Decommissioning Project. This submittal, from the Manager of the DOE Chicago Operations Office (formerly entitled " Field Office'), confirms the earlier commitment of DOE to provide the funding to accomplish 90%, and for some activities 100%, of the project. This submittal is intended to supply the additional basis needed for the NRC to rule on our July 25,1990 Request of Exemption. That request is

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Mr. Charles W. Emeigh May 25,1993 -

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premised on 10 CFR sections 30.35(f)(4) and 70.25(f)(4), which permit the NRC to

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recognize the Federal government's Statement of Intent as a basis for providing financial assurance for decommissioning. The relevant cost estimates are contained in Reference 2, j

attached to the May 5 Statement of Intent.

i We would like to meet with you in the near future to discuss these submittals, as'well as the schedule for submitting our revised license, which we are currently in the process of j

completing. Please contact me on (614) 424-7923 at your convenience to identify a mutually

.j convenient date for a meeting at the NRC offices, i

Sincerely, Gregory Fess f

NRC Licensing Coordinator i

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cc:

David Futoma Office of General Counsel U. S. Nuclear Regulatory Commission j

11555 Rockville Pike, Mail Stop 15B18 l

Rockville MD 20852 i

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Department'of Energy DOE Chicago Field Office g

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Argonne,!!!inois 60439 May 5, 1993

'Dr. Kenneth C. Brog, Manager BCL Decommissioning Project i

Battelle Memorial Institute 505 King Avenue Columbus, OH 43201 1

SUBJECT:

STATEMENT OF INTENT TO SUPPORT THE BATTELLE COLUMBUS LABORATORIES DECOMMISSIONING PROJECT

References:

1.

Letter dated January 7, 1993, from Kenneth C.

Brog, Battelle, to Tom Baillieul, DOE, Subjects DOE Statement of Intent to Support BCLDP 2.

Letter dated April 3, 1992, from Donald L. Bray, DOE, to Kenneth C. Brog, Battelle, Subjects Datontamination and Decommissioning (D&D) of the Battelle Memorial Institute West Jefferson and Columbus Facilities (Contract No. W-7405-ENG-92)

In response to your request in Reference 1, I am writing to confirm that the-statements made by Mr. Bray in Reference 2 were within his authority and to add my office's commitment that the DOE Chicago Operations Office intends to request the necessary annual funding that will assure completion of its contractual obligation under Contract No. W-7405-ENG-92.

DOE is committed, subject to the availability of appropriated funding,

• o provide 100% of the funding to accomplich surveillance and maintenance sud associated management oversight and 90% of the funding to accomplish the remaining activities in the DOE approved scope, cost, and schedule baseline.

The DOE Chicago Operations Office recognizes and accepts that the baseline cost estimate of S148 million may change as the Project proceeds. Changes will be processed in accordance with procedures defined in the BCLDP Management Plan consistent with DOE Order 4700.1.

Sincerely, N

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Enclosure:

Cy Ltr., Bray to Brog, dtd 4/3/92 CC:

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Neff, DOE-CH, w/ encl.

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Baker, DOf-CH, w/ encl.

Castleberry, Battelle, w/ encl.

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Fess, Battelle, w/ encl.

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.. 3 Department Of Energy

' Chicago Operations Of fice f['.

9800 South Cass Avenue v.-

Arge inc. Illinois 60439

.,y April 3, 1992 i

Dr. Kenneth C. Brog, Manager Decontamination & Decommissioning Operations Battelle Memorial Institute 505 King Avenue Columbus, Ohio 43201-2693

SUBJECT:

DECONTAMINATION & DECOMMISSIONING (D&D) OF THE BATTELLE MEMORIAL INSTITUTE WEST JEFFERSON AND COLUMBUS FACILITIES (CONTRACT NO. W-7405-ENG-92)

The purpose of this letter is to summarize the responsibility of the Department of Energy (DOE) for the subject facilities in support of Battelle Memorial Institute's (BMI) satisfaction of its obligations to provide financial assurance to the NRC of its ability to complete D&D operations at the Battelle facilities.

On April 16, 19.43, BMI entered into Contract No. W-7405-ENG-92 with the Manhattan Engineer District to perform atomic energy research and development (R&D) activities.

Since that time, BMI has continuously performed R&D work at its West Jefferson and l

Columbus facilities, under the contract,.for the Manhattan Engineer District and its successor agencies--AEC, ERDA, and: DOE.

BMI also used its' facilities in the performance of work for other Government agencies and, since 1954, for. commercial organizations as well under separate contractual arrangements.

The work in support of DOE, however, was the overwhelming majority of the government work.

On March 27, 1984, DOE Chicago Operations Office (CH) notified BMI of its intent to allow the subject contract to expire due to in the level of activity under the contract and the the decrease fact that this type agreement was no longer justifiable under the new FAR/ DEAR regulations.

These regulations were to become effective April 1, 1984, and no new work was to be placed under the contract unless such work had a completion date no later than August 14, 1986, the expiration date of the contract at that Any subsequent work would be provided for under new, time.

individual contracts awarded in accordance with the new FAR/ DEAR acquisition regulations.

BMI coincidentally informed CE of its from any further experimental nuclear decision to withdraw material research business associated with handling radioactive DOE

.natorial, and requested through the contracting officer that decontaminate and decommission the BMI West Jefferson and Columbus facilities-

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Dr. Kenneth C.

Brog April 3, 1992-l

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Since the contract did not contain an explicit provision for tdte.

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D&D, and clear cut delineations of DOE program responsibility i

could not 'oe ascertulned lue to the numerous past BMI sponsors.

(many no longer existing), BMI-requested guidance from C2I and later the DOE Surplus Facilities Management Program (SFMP)1in the Office of Remedial Action and Waste Technology.

BMI presented.

its D&D Project Request to CH cn October 15, 1985, which was the result of 10 months of documentation and data collection.- After reviewing the BMI claim, including each of BMI's specific allegations, together with the contractual and other legal bases cited by BMI in its submission, CH concluded tdlat DOE responsibility did exist for almost all of the D&D of the West Jefferson and Columbus facilities.

On May 29, 1985, Mr. William R. Voigt, Jr., Director, Office of f

Remedial Action and Waste Technology, Office of Nuclear Energy, i

U.S.

Department of Energy approved an action memorandum which j

concluded that the Department of Energy, as successor to the Atomic Energy Commission and,the Federal Government's earlier j

nuclear work, has predominant responsibility for the D&D of-the Latte11e facilities.. On March 8, 1989, Mr. John E. Baublitz,

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Acting Director, Office of Remedial Action and Waste Technology, Office of Nuclear Energy, U.S. Department of Energy, transmitted a signed Justification for a New Start to Mr. Hilary Rauch, Manager of the Chicago Operations Office.

.This Justification'for a New Start contained the approvals to initiate.the major project

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of. decontaminating and decommissioning the West Jefferson and Columbus facilities.

The Justification for a New Start stated that the DOE would be liable for 85-90% of'the cost of the D&D cffort.

The remaining cost would be underwritten by the.Battelle Memorial Institute.

The D&D of the BMI facilities continuesfto be a recognized and i

accepted responsibility of the Department of Energy.

The objective of this activity is to' decontaminate and decommission the Battelle facilities such that the buildings and grounds'can be released for use without any radiological restrictions and to remove radiological waste from the facilities for storage o.

disposal at DOE waste management facilities.

The Battelle faciliti.sv will continue to be subject to the regulatory control of the NRC pursuant to Battelle's NRC License No. SNM-7.

DOE has accepted a technical schedule and budget baceline for the decontamination and decommissioning of the Battelle facilities..

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l D r'. Kenneth C.

Brog April 3, 1992 The baseline schedule, cost, and the requirements for the project to comply with the tenets of 53 FR 24018 (June 27, 1983) are explicitly discussed in Secretary Watkins's Environmental Restoration and. Waste Management Five Year Plan for Fiscal Years 1993-1997 on pages 402 through 405.

This Plan was submitted to the Congress in August 1991 and represents the Secretary's commitment to the decontamination and decommissioning of facilities.

It is the DOE Chicago Field Of fice's intent to request the annual funding requirements that will assure.

completion of the project on the baseline schedule.

DOE is now committed, subject to the availability of appropriated funding, l

i to provide 100% of the funding to accomplish on -going surveillance and maintenance, and management oversight, and 90%

of the funding necessary to accomplish the remaining activities in the schedule and budget baseline.

Of the total $148 million estimated cost of completion, the DOE share will be $135 million, and the Battelle share will be $13 million.

Sincerely, Donald L. Bray, Assistant Manager for Projects and. Energy Programs U.S. negartment of Energy DOE Chicago Field Office