ML20052G008
| ML20052G008 | |
| Person / Time | |
|---|---|
| Site: | West Valley Demonstration Project |
| Issue date: | 05/10/1982 |
| From: | Wolf J NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| ISSUANCES-OLA, NUDOCS 8205140231 | |
| Download: ML20052G008 (7) | |
Text
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UNITED STATES OF AMERICA co NUCLEAR REGULATORY COMMISSION P
gECWEU C3 BEFORE THE ATOMIC SAFETY AND LICENSING B0
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In the Matter of
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NUCLEAR FUEL SERVICES, INC.
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G AND Docket No. 50-2 LA
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NEW YORK STATE ENERGY RESEARCH
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AND DEVELOPMENT AUTHORITY
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(Western New York Nuclear
)
Service Center)
)
NRC STAFF MOTION FOR CLARIFICATION OF BOARD MEMORANDUM AND ORDEP, I. INTRODUCTION g
On April 30, the Atomic Safety and Licensing Board issued a memorandum and order on requests for hearing concerning Change No. 31 to the West Valley license (Provisional Operating License No. CSF-1). The Board's decision is consistent with the Staff's position that the ASLB lacks jurisdiction to consider the claims of Dr. Irwin.Bross regarding the conduct of the West Valley Demonstration Project by the Department of Energy (DOE). The decision also grants the motion of Nuclear. Fuel Services (NFS), supported by the Staff, to dismiss the proceeding insofar as it relates to the issues previously raised by.NFS.
The Staff nevertheless moves that the Board clarify its memorandum. The matters addressed by this motion relate to: (l') the low-level waste site, referred to in footnote 13 of the Memorandum and Order, and (2) the NbhdDo![o!$00$$3
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Staff's position with respect to decontamination and decommissioning, referred to in footnote 33.1/
II. DISCUSSION A.
Low-Level Waste Site I
The Board's memorandum notes the situation with respect to the low-level waste site and suggests that the Commission may wish to obtain a status report from the Staff with respect to this matter. The Board states:
While NFS surrendered the low-level radioactive waste bur.ial ground to NYSERDA pursuant to their Settlement Agreement, it is not clear from those materials before this Board who, if anyone, is to be in possession and control of that area of the West-Valley site during DOE's conduct of the demonstration project.
Although the matter is not squarely before us, since these license amendments relate only to high-level waste and ancillary facilities, the NRC Staff should ensure that the various transfers have not neglected the need that a qualified licensee be in possession and control of the low-level waste site and that appropriate license conditions be' implemented with respect to that site, so as to reasonably assure the health and safety of the public.
The Commission may wish to obtain a status report from the Staff with respect to this matter.
The Board respectfully suggests that the Commission do so.
-1/
The Staff calls the attention of the Board to the fact that NFS has not, to this date, been terminated as a licensee under License CSF-1.
The Board may wish to consi. der clarifying the portion of its memorandum captioned " Change No. 32" to reflect this continued status of NFS. The Staff is not moving for clarification on this
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point, however, as its resolution would not affect the result arrived at by the Board.
4 The Board's language can be read to imply that the Staff should have taken some unspecified affirmative action with regard to the low-level waste site. The Board may not have realized that the low-level waste site is subject to the regulatory authority of the State of New York, acting as an Agreement State. The separation of Commission and State responsibilities is clearly reflected in the legislative history of the West Valley Demonstration Project Act, particularly in the House Committee on Interstate and Foreign Commerce's description of the site.
H.R. Rep. No. 96-1100 Part II, 12 (" existing facilities at the site include...a New York State licensed burial waste ground.") The Committee, noting again its awareness of the State-licensed burial ground, specifically required that "nothing in the bill requires any corresponding action by the State of New York regarding the use of other portions of the site," Id. at 16.
The Staff moves for clarification of footnote 13 so as to afford the Board an opportunity to address, should it deem it appropriate to do so, the significance which it may attach to the regulatory jurisdiction of the State of New York.
a B.
Decontamination and Decommissioning The Board concluded, as the Staff had urged, that the issues involving DOE's conduct of the Demonstration Project, which Dr. Bross sought to litigate, were specifically removed from consideration by the Commission.
O,
While the Board thus held that the Commission lacked jurisdiction to engage in adjudicatory proceedings with respect to Changes Nos. 31 and 32, it suggested that 00E might be subject to NRC licensing with respect to decontamination and decommissioning.
It observed (at footnote 33):
4 We concur with Staff's position in its March 8,1982 filing at 17, however, that pursuant to Section 2(a)(5) of the West Valley Act, DOE's conduct of the subsequent decontamination and decommissioning of the West Valley facility may be subject to full NRC regulation and licensing requirements.
But the Staff had taken no such position.
On the contrary, the Staff merely alluded to Section 2(a)(5) of the West Valley Act, which states that DOE "shall decontaminate and decommission [ project facilities] in accordance with such requirements as the Commission may prescribe."
The Staff does not anticipate that DOE would be subject to NRC I
i licensing with respect to D&D activities.
The relationship between the two agenc'ies is described in Article III.B.4. of the West Valley Memo-randum of Understariding. This provides for DOE to submit to NRC en analysis of impacts and risks of potential disposition modes and for NRC then to prescribe D&D requirements "in accordance with -the [ West Valley]
Act."
DOE will then prepare, in consultation with NRC, a Project Decommissioning Plan. Thereafter DOE is to provide NRC with a Site l
Status Report analyzing the extent to which the prescribed D&D requirements have been satisfied..
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i The Memorandum of Understanding is fully consistent with the West Valley Act.
DOE will not be licensed.
It will be subject to review and consultation with respect to D&D activities in the same way as it is for other project activities.
But just as the Commission, by virtue of Section 2(c), lacks jurisdiction to engage in " formal procedures". with respect to waste solidification, so too is it barred from such procedures in connection with the D&D phase of the project. While the Board's ruling on this subject is not part of its holding, the Staff respectfully requests an appropriate clarification.
III. CONCLUSION For the reasons stated above, the NRC Staff moves that the Board clarify its Memorandum and Order.
/
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/ Jam 6s'R. Wolf
' unsel for NRC aff Dated at Bethesda, Maryland this 10th day of May, 1982 l
DESIGNATED ORIGINAD Crw+1ried g y
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O UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of NUCLEAR FUEL SERVICES, INC.
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AND Docket No. 50-201 OLA NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY (Western New York Nuclear Service Center)
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-CERTIFICATE OF SERVICE I hereby certify that copies of the attached NRC STAFF MOTION FOR CLARIFICATION OF BOARD MEMORANDUM AND ORDER have been served on the following by deposit in the United States mail, first class or, as indicated by an asterisk, through deposit in the Nuclear Regulatory Comission's internal mail system, this 10th day of May,1982.
Lawrence Brenner, Chairman
- Carmine J. Clemente, Esq.
Administrative Judge General Counsel Atomic Safety and Licensing Board New York State Energy.Research U.S. Nuclear Regulatory Comission and Development Authority Washington, D.C.
20555 Two Rockefeller Plaza Albany, New York 12223 Dr. Jerry Harbour
- Philip H. Gitlen, Esq.
Administrative Judge Whiteman, Osterman & Hanna Atomic Safety and Licensing Board 99 Washington Avenue U.S. Nuclear Regulatory Comission Albany, New York 12210 Washington, D.C.
20555 Mr. Peter A. Morris
- Warren E. Bergholz, Jr., Esq.
Administrative Judge Office of the General Counsel Atomic Safety and Licensing Board U.S. Department of Energy U.S. Nuclear Regulatory Comission 1000 Independence Avenue, S.W.
Washington, D.C.
20555 Washington, D.C.
20587
o 2-Irwin D.J. Bross, Ph.D.
Docketing and Service Section
- Director of Biostatistics Office of the Sacretary Roswell Park Memorial Institute U.S. Nuclear Regulatory Commission 666 Elm Street Washington, D.C.
20555 Buffalo, N.Y.
14263 Atomic Safety and Licensing Orris S. Hiestand, Esq.
Board Panel
- Morgan, Lewis & Bockius U.S. Nuclear Regulatory Commission 1800 M Street, N.W.
Washington, D.C.
20555 Washington, D.C.
20036 Atomic Safety and Licensing Appeal Panel
- U.S. Nuclear Regulatory Commission Washington, D.C.
20555
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Jaines 1. Wolf
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/ Counsel for NRC Sfaff
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