ML20045D992
| ML20045D992 | |
| Person / Time | |
|---|---|
| Site: | 07000903 |
| Issue date: | 06/22/1993 |
| From: | Taylor J NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | |
| References | |
| SECY-93-177, NUDOCS 9306300295 | |
| Download: ML20045D992 (14) | |
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POLICY ISSUE June 22, 1993 (Information)
SECY-93-177 FOR:
The Commissioners FROM:
James M. Taylor Executive Director for Operations SUBJECl:
CONFIRMATORY ORDER FOR THE CHEVRON-NATIONAL PARK SERVICE SITE IN PAWLING, NEW YORK PURPOSE:
To notify the Commission of the proposed issuance of a Confirmatory Order to the Chevron Corporation and the National Park Service (NPS), confirming their Cooperative Agreement for remediating the former Gulf Nuclear Fuel Corporation site in Pawling, New York.
BACKGROUND:
In SECY-92-106, the staff presented its " Action Plan to Ensure Timely Remediation of Sites Listed in the Site Decommissioning Management Plan."
In the Action Plan, the staff proposed a process for taking enforcement actions when needed to accelerate remediation activities at Site Decommissioning Management Plan (SDMP) sites.
In the Staff Requirements Memorandum dated February 29, 1992, the Chairman requested the staff to provide to the Commission, copies of all orders related to SDMF sites, for information, before issuance.
Under Special Nuclear Materials License No. SNM-871, from 1958 to 1972, the Gulf Nuclear Fuel Corporation and other predecessor companies conducted nuclear fuel research and development programs at a facility located in Pawling, New York.
NOTE:
TO BE MADE PUBLICLY AVAILABLE IN 10 WO M E DAYS FROM THE
Contact:
T. C. Johnson, NMSS DATE OF THIS PAPER SO4-3603 R. L. Fonner, 0GC 504-1643 1h00CS g Gp i
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,1 The Commissioners After remediation operations, the Nuclear Regulatory Commission staff terminated License SNM-871 on July 14, 1975.
Chevron Corporation, through a series of corporate reorganizations and buyouts, was found to be the responsible successor corporation of the past licensee.
In 1979, the site was sold to the NPS, to be used as part of the Appalachian Trail system.
In 1984 and 1986, Nuclear Energy Services and Oak Ridge Associated Universities conducted surveys for the NPS and found additional contamination that exceeded the residual contamination standards used in terminating the license.
These contaminated areas are located in the multiple failure building, the plutonium facility, and in soils adjacent to these buildings. The contamination in the buildings is plutonium and the contamination in the soils is plutonium and cesium-137.
Magnetometry and ground-penetrating radar studies vere also conducted to address public concerns that radioactive wastes may have been disposed of in a 53-acre, man-made lake which is adjacent to the former nuclear laboratory (the so-called " Nuclear Lake").
In these studies, 50 to 60 " anomalies" or
" targets" were found within the lake.
In 1992, divers performed a subsequent investigation and confirmed that the " targets" were tree stumps, rocks, a Jeep, and an aluminum boat. No radioactive wastes were found.
In December 1992, NRC staff approved a work plan for remediation of the contaminated soils. The remediation criteria to be applied for the soils are 25 pCi(9.25E-7 MBq)/gm for plutonium and 15 pCi(5.55E-7 MBq)/gm for cesium-137.
On February 17, 1993, Chevron Corporation submitted a decommissioning plan for the plutonium facility and multiple failure building, and on March 18, 1993, it submitted a Final Release Survey Plan. The staff reviewed these documents and provided comments on April 20, 1993.
In 1992, Chevron Corporation, the successor to the last licensee, began negotiations with NPS to effect remediation at the site.
Both parties reached an Agreement in Principle on September 18, 1992 (Attachment I to Enclosure) and signeJ a Cooperative Agreement on April 14, 1993 (Attachment 3 to Enclosure).
These agreements set out the rights and obligations regarding cost sharing and the conduct of the remediation, building demolition, and disposal activities.
ita agreement is contingent upon issuance of a Confirmatory Order by the NRC that is acceptable to Chevron and the NPS.
The staff and Office of the General Counsel staff reviewed the aforementioned agreements, find the commitments in them to be acceptable and necessary, and conclude that with these commitments, the public health, safety, and interest are reasonably assured.
At the request of Chevron Corporation and as a condition of the aforementioned settlement agreement, the staff is issuing a Confirmatory Order (Immediately Effective) (Enclosure). Chevron Corporation prefers to have such an Order to enhance the " finality" of this remediation and to relieve itself of any further liability for the site. The Order establishes a schedule for remediating the site, including the estimated completion date of the remediation, so that a confirmatory survey can be performed. The Order also calls for the parties to assist the NRC in performing the confirmatory survey, and to perform additional remediation, as needed, to comply with tne final
.y The Commissioners decommissioning plan.
NRC will pay for the costs of conducting the confirmatory survey.
There are three matters unique to this Order.
First, it accepts a limit on j
the amount of Chevron's financial responsibility, in accordance with the Chevron-NPS Agreement. However, no such limit is accepted for NPS, the party in possession of the property.
Second, the Order implements the phrase from i
the SDMP Action Plan, stating that remediation will not be revisited unless-contamination is discovered that poses a significant threat to public health and safety, by applying it only to the NPS and not Chevron.
Third, the Order j
contains language specifically addressing finality.
By letter dated January 27, 1993, the Office of the General Counsel requested comments from the Chevron Corporation and the NPS regarding the draft Confirmatory Order.
Chevron provided comments which have been addressed; NPS had no specific comments.
Both parties have agieed to the contents of the Confirmatory Order.
STAFF CONCLUSTON:
Based on the aforementioned discussion, the staff concludes that the Cooperative Agreement between Chevron Corporation and NPS is acceptable and provides reasonable assurance that the public health, safety, and interest will be protected.
C00RDINATI03:
This paper has been coordinated with Region I.
The Office of the General Counsel has reviewed this paper and has no legal objection.
The staff intends to issue the enclosed Confirmatory Order within ten days of the date of this Commission paper, unless the Commission advises otherwise.
Please note that any Commission directed changes to the Confirmatory Order will require the staff to renegotiate the Order with Chevron and the NPS.
/_
a es or ecutive Director for Operations
Enclosure:
DISTRIBUTION:
Confirmatory Order with Attachments -
commissioners
- A1. Chevron-NPS Agreement in Principle OGC
- A2. A Health & Safety Plan, 11/92, and OCAA a Work Plan for the Soil OIG Remediation, 11/92, both OPA submitted on 12/1/92 OCA
- A3. Chevron-NPS Cooperative Agreement OPP REGIONAL OFFICES
- Commissi.,ners, SECY, 0GC only EDO SECY
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t UNITED STATES NUCLEAR REGULATORY COMMISSION In the Matter of
)
Docket No.
070-00903
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License No. SNM-871 Chevron U.S.A.,
Inc.
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(Terminated on July 14, 1975).
San Francisco, CA 94105
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and
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National Park Service
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U.S.
Department of the
)
Interior
)
Harpers Ferry, WV 25425
)
)
Pawling Site (including Nuclear)
Lake near Pawling, New York)
)
Decontamination
)
CONFIRMATORY ORDER FOR REMEDIATION OF THE PAWLING, N.Y. SITE (EFFECTIVE IMMEDIATELY) i I
Chevron U.S.A.,
Inc. (Chevron), is the successor in interest to the former holder of Special Nuclear Materials License No. SNM-871 (License) originally issued to Nuclear Development Associates (NDA) in 1958 pursuant to 10 CFR Parts 50 and 70.
The original site owner was also NDA which, after a few years, became United Nuclear Corporation (UNC).
After a series rf transfers, distribution of assets, renaming and other changes, Chevron is identified as the successor in interest to the last licensee, General Atomic Company.
The site itself was sold in 1979 by Harpoon, Inc. (100% owned by UNC) to the United States for use by the National Park Service (NPS) as part of the Appalachian National Scenic Trail system.
The NPS is in possession of the site.
Enclosure
2 II Licensed nuclear fuels research and development were conducted at the site beginning in l'78.
Facilities included laboratories for fabrication and testing of uranium, thorium and plutonium fuels, a hot cell, three research reactors (Docket Nos. 050-0023, 050-00101, and 050-00290), and a sodium test loop. The 1137-acre site is located in a wooded, rural area (near Pawling in Dutchess County, New York, about equidistant between Poughkeepsie, New York, and Danbury, Connecticut), and includes a 50-acre lake
(" Nuclear Lake") with a dam, hereinafter referred to as the "Pawling Site".
The licenses were transferred in 1971 to a jointly owned corporation formed by Gulf Oil Corporation and UNO, known as Gulf United Nuclear Fuels Corporation (GUNFC).
UNC retained ownership of the site and also was a co-licensee with GUNFC for the remaining two reactors, Docket Nos. 050-00101 and 050-00290.
(One reactor license, Docket No. 050-0023, had been terminated and replaced with a new license in June 1961.)
Activities at the site were never resumed after December 1972, when a glove box explosion in the plutonium laboratory building resulted in substantial contamination.
License renewal was still being actively pursued by GUNFC, however, as late as mid-1973.
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As of September 27, 1973, GUNFC became a wholly-owned subsidiary of Gulf Oil and was subsequently renamed Gulf Nuclear Fuel Corporation (GNFC).
UNC had no further responsibility to the NRC at this point since GNFC continued as the licensee to be responsible for all matters of NRC regulatory compliance, i.e.,
UNC was no longer a licensee, either as a partner or as an owner.
UNC continued to own the site and buildings which were leased to GNFC, and later sold to the United States.
On November 19, 1973, the General Atomic Company (GAC), a 50-50 general partnership of Gulf oil and Scallop Nuclear, Inc. (a subsidiary of Royal Dutch Shell) applied to the U. S. Atomic Energy Commission (AEC) for consent to acquire al'1 the interests of GNFC in a number of licenses, including both the Pawling. NY reactor licenses (R-49 and CX-25) and the special nuclear material license (SNM-871).
Consent to the transfer was provided by letter from the AEC to GAC on December 14, 1973 with the understanding that GAC, as the licensee, would assume all the
" rights, duties, responsibilities, liabilities, and obligations of the Gulf oil Corporation."
Upon completion of decommissioning and survey work, GNFC sent a letter and survey report to the AEC dated March 11, 1974 requesting that Pawling, NY be deleted from SNM-871.
According to the AEC inspection report dated April 24, 1974, decommissioning of all of the buildings on site had been
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performed to achieve radioactivity levels specified as-acceptable 4
for unrestricted use.
A letter from GNFC to the AEC, dated May 9, 1974, requestedithat the licensee name be changed to GAC.
The letter stated that GNFC would become part of GAC retroactive to January 1, 1974.
By letter dated May 23, 1974, License No. SNM-871 was amended to specify GAC as the licensee.
Also, on July 19, 1974, a renewed License No. SNM-871 was issued to GAC.
The AEC conducted a closecut survey and inspection of the site during April 1974 (inspection report 70-903/74-01).
Following further removal of plutonium-contaminated soil from the~Pawling, NY' site, License No. SNM-871 was terminated on July 14',
1975.
.)
i The remaining reactor licenses (Docket Nos. 050-00101 and 050-
[
00290) had been terminated in June-1974..
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Subsequently, there was a partial distribution of the assets of GAC to the partners (under which GA Technologies, Inc., wholly-i owned by Gulf oil Corporation, undertook all the NRC licenses of j
i.
1 GAC) and GAC was renamed as Valley Pines Ass 6ciates (VPA) as of November 30, 1982.
VPA continued to be owned by Gulf Oil Corporation and Scallop Nuclear, Inc..
The names of the partners owning VPA have changed and VPA is now owned by Chevron U.S.A.
Inc. (a wholly-owned subsidiary of Chevron Corporation and j
formerly Gulf oil Corporation) and Shell Oil Company.
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III On February 23, 1984 Nuclear Energy Services (NES), Inc. of Danbury, Connecticut, conducted a radiological survey of the i
1 Pawling site for the site owner, the NPS.
During the course of that survey, it was discovered that a small area of the concrete floor, in what was the waste storage building, had fixed beta-gamma radiation levels of 25 to 35 mrem /hr.
The NPS notified NRC Region I of this condition by letter dated March 12, 1984 A
verification survey was conducted by the NRC on May 22, 1984 in reaction to the above radiation levels.
Most of this contamination was removed from the area during sampling on February 25 and 26, 1985 (Report No. 70-903/85-01).
Oak Ridge Associated Universities (ORAU) conducted a radiological survey for the NPS September 18 through 23, 1986.
With several exceptions, exposure rates throughout the Pawling Site were in the range of background; however, no site conditions, in ORAU's opinion constitute a' hazard to personnel and the environment.
The ORAU survey report, issued in July 1988, identified limited areas of residual contamination in what had been the plutonium laboratory and the multiple failure building.
ORAU reported the external exposure rate to be 30 microR/hr at a height of 1 meter at the location of peak beta-gamma contamination.
Current guidelines stated exposure rates may not exceed background (found to range from 9-11 micro R/hr) by more than 5 micro R/hr.
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6 ORAU found surface plutonium-239/240 (Pu-239/240) contamination in soil in isolated locations outside the buildings ranging up to 91 pCi/g (3.37E-6MBq/g) as compared to a current guideline of 25 pCi/g (9.25E-7MBq/g), and subsurface Cs-137 contamination at two other locations ranging from about 20 to 48 pCi/g (7.4E-7 to 1.78E-6MBq/g) as compared to a current guideline of 15 pCi/g (5.55E-7MBq/g).
A sample of sludge from the former plutonium laboratory septic tank had~0.41 pCi/g (1.52E-SMBq/g) of
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plutonium-238 (Pu-238), 5.95 pCi/g (2.2E-7MBq/g) of Pu-239/240, and 0.71 pCi/g (2.63E-8MBq/g) of Cs-137.
A single soil sample from under a downspout at the former shield mock-up building had 15.5 pCi/g (5.74E-7MBq/g) of Cs-137.
=
Magnetometry and' ground-penetrating radar showed 50 to 60 magnetic " anomalies" and " targets" within Nuclear Lake.
j i
Subsequent investigation by scuba divers has confirmed that the
" anomalies" and " targets" consist of a jeep, an' aluminum boat, and natural matter such as rocks and tree stumps not contaminated' l
4 with radioactive materials.
Sediment samples from Nuclear Lake indicate Cs-137 concentrations of up to 9.9 pCi/g and uranium-238 (U-238) concentrations of up to 16.5 pCi/g.
The peak Cs-137 concentration occurs near the location of the previous liquid waste discharge point.
Water and sediment concentrations downstream from the dam are within the range of background or slightly above.
The above findings indicate no further action is required relating to Nuclear Lake.
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Chevron and NPS have agreed to remediate the site and to remove the residual radioactive contamination according to a letter Agreement in Principle, dated September 18, 1992, attached hereto and incorporated by reference, a Health & Safety Plan and a Work 3
Plan for remediation of some of the contaminated soil submitted to the NRC by Chevron by letter of December 1, 1992, attached hereto and incorporated by reference, a Cooperative Agreement' between Chevron and NPS, dated April 14, 1993 and attached hereto i
and incorporated by reference (see attachments 1,2, and 3).
The partial remediation plan in the Work Plan has been reviewed and i
the remediation program described therein has been approved by the NRC staff.
A building remediation work plan and a final release survey-plan have been submitted for staff review.
1 Comments were provided on April 20, 1993.
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The Commission finds that the commitments as set forth in the referenced documents are acceptable and necessary and concludes that, with these commitments, the public health and safety are reasonably assured.
In view of the foregoing, I have determined that the public health, safety, and interest require that.the commitments by NPS and Chevron as set forth in the referenced documents be confirmed by this Order.
NPS and Chevron have consented to the issuance of this Order and have voluntarily agreed to participate in remediation without admitting any fact, responsibility, fault or liability in connection with the Pawling site other than stated in this Order.
Based on that consent and 4
f:
8 pursuant to 10 CFR 2.202(d), I have also determined that this Order shall be immediately effective.
IV Accordingly, pursuant to Sections 53, 81, 161b, 1611, 161o, 182 and 186 of the Atomic Energy Act of 1954, as amended, and the Commissions regulations in 10 CFR 2.202 and 10 CFR Parts 30 and 70, it is hereby ordered, EFFECTIVE IMMEDIATELY, that Chevron and the NPS shall:
1.
Within 60 days after approval by the NRC staff of the building decommissioning plan, commence remediation of the Pawling site in accordance with the approved plans for soil and building remediation.
2.
Inform the Director, Office of Nuclear Materials Safety and Safeguards, NRC, at least 30 days prior to the estimated completion of the work described in section IV 1.,
of the date on which the site will be available for a confirmatory culvey.
3.
Cooperate with the NRC (or its contractor) in NRC's confirmatory survey.
4.
Perform such additional remediation as is necessary based upon the confirmatory survey, to comply with the final decommissioning plans.
Upon completion of the confirmatory survey and a determination that the survey demonstrates that the Pawling site has been
1:
9 remediated in conformance with the commitments in the final decommissioning plans as required by section IV 1.,
the Pawling i
l site will be suitable for and released for unrestricted use in i
accordance with Commission regulations.
In no case will NRC
?
require additional remediation by Chevron in excess of-the monetary limit for Chevron in the agreements between Chevron and the NPS ($370,000), unless otherwise agreed to by Chevron and the_
NPS in accord with the Cooperative Agreement of April 14, 1993.
The NRC staff will provide to Chevron and NPS the confirmatory f
survey and determination of conformance with the commitments in I
the final decommissioning plans within 60 days after submission-of the final survey report to the NRC.
Neither party will be I
billed for the costs of conducting the confirmatory survey.
j Further, in accordance with the Commission's Action Plan for remediation of sites, which applies to the Pawling site, the release for unrestricted use as authorized by the NRC staff will j
constitute the final action of the Commission with respect to'the site.
In accordance with the Action Plan, after release for unrestricted use no future additional remediation of the Paw. ling site will be required of Chevron, its predecessor or successor 1
companies, or the NPS on account of any new standard or criteria I
promulgated by the Commission, or.for any other cause, except the future discovery of (1) noncompliance with the final
x 10 decommissioning plans, (2) false information, or (3) with respect to the party in possession of the site, contamination that poses a significant threat to public health and safety.
V Any person adversely affected by this Confirmatory Order, other-4 than NPS or Chevron, may request a hearing within 20 days of its I
issuance.
Any request for a herring shall be submitted to'the 1
Senretary, U.S.
Nuclear Regulatory Commission, ATTN: Chief, l
Docketing and Service Section, Washington, D.C.
20555.
Copies also shall be sent to the Director, Office of Nuclear Materials Safety and Safeguards, U.S. Nuclear Regulatory Commission, l
Washington, D.C.
20555, to the Assistant General Counsel for Hearings and Enforcement at the same address, to the Regional Administrator, NRC Region I, 475 Allendale Road, King of Prussia, PA 19406, and to NPS, Appalachian National Scenic Trail, c/o Harpers Ferry Center, Harpers Ferry, WV 25425 and. Chevron, 1003 W.
Cutting Blvd, Room 260, Richmond, CA 94804.
If such a person requests a hearing, that person.shall set forth with particularity the manner in which his interest is adversely affected by this Order and shall adoress the criteria set forth in 10 CFR 2.714(d).
I If a hearing is requested by a person whose interest is adversely affected, the Commission will issue an Order designating the time and place of any hearing.
If a hearing is held, the issue v
e 11 to be considered at such hearing shall be whether this Confirmatory Order should be sustained.
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In the absence of any request for hearing, the requirements specified in Section IV above shall be final 20 days from the date of this Order without further order or proceedings.
AN ANSWER OR A REQUEST FOR HEARING SHALL NOT STAY THE IMMEDIATE EFFECTIVENESS OF THIS ORDER.
I FOR THE NUCLEAR REGULATORY COMMISSION Deputy Executive Director for Nuclear Materials Safety, Safeguards and Operations Support 4
Dated at Rockville, Maryland this day of 1993.
Attachments:
1.
Chevron-NPS Agreemnt in Principle 2.
A Health &' Safety Plan, Nov. 1992, and a Work Plan for the Soil Remediation, Nov. 1992, both submitted on Dec.
1, 1952 3.
Chevron-NPS Cooperative Agreement i
3
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