ML20058B375
| ML20058B375 | |
| Person / Time | |
|---|---|
| Site: | Wood River Junction |
| Issue date: | 06/22/1982 |
| From: | Grant M RHODE ISLAND, STATE OF |
| To: | Crow W NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| References | |
| NUDOCS 8207230689 | |
| Download: ML20058B375 (11) | |
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STATE OF RHODE ISLAND (.c PROVIDENCE PLANTATIONS EXECUTIVE CH AMBER PROVIDENCE J. JOSEPH G ARR AHY GOVf GNot k,b.
June 22, 1982
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hir. William T. Crow c#'
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Nuclear Regulatory Commission
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I have enclosed for your review and forwarding to ORAU comments on their unrestricted and restricted area survey plans.
Please advise us as soon as possible on ORAU's response.
I have also enclosed a formal negotiating draft of a hiemorandum of Understanding between the State of Rhode Island and the Nu-clear Regulatory Commission regarding the UNC decommissioning process.
This draft reflects the input of the general public, state officials and the Citizens Advisory Committee.
We will await your early reaction to this draft and look forward to nc-gotiating a fair and effective agreement as expeditiously as possible.
All best wishes.
Sincerely, blalcolm J. Grant Policy Associate for Environmental Affairs SlJG/sp Enclosures (2) i I Y% ?'*] f; b F.4
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W 8207230689 820622 PDR ADOCK 07000820 C
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=a DRAFT MEMORANCUM OF UNDERSTANDING BETWEEN THE STATE OF RHODE ISLAND AND THE U.S. NUCLEAR REGULATORY COMMISSION REGARDING DECOMMISSIONING OF UNC RECOVERY SYSTEMS, WOOD RIVER JUNCTION, RHODE ISLAND MAY, 1982 1
DRAFT l
l TABLE OF CONTENTS 1.
Scope and Purpose Page 1 2.
Principles of Cooperation Page 1-2 3.
Decontamination of Buildings and Equipment Page 2-3 4.
Decontamination of Groundwater Page 3-4 5.
Site Characterization, Surveys and Investigations Page 4-6 6.
Soil Decontamination Page 6-7 7.
Onsite Storage of Radiological Waste Page 7-8 8.
Inspections for Compliance Page 8 9.
Appeals From a Decision by NRC Page 8 10.
Modification of the NRC License Page 9 11.
Public Information and Hearings Page 9 12.
Effective Date Page 10 13.
Termination.
Page 10 14.
Statutory Authorities Page 10 15.
Severability Page 10
DRAFT 1.
SCOPE AND PURPOSE:
1-1.
The t e rms o f this Memorandum shall apply and be limited to the decontamination and decommissioning of the UNC Recovery Systems (hereaf ter. referred to as the licensee) facility and surrounding groun'ds and waters located at Wood River Junction, Rhode Island.
1-2.
The purpose of this Memorandum is to set forth mutually acceptable levels of cooperation between,and define the rights and obligations of,the signatory parties during the above referenced decontamination and decommissioning process.
2.
PRINCIPLES OF COOPERATION:
2-1.
Close cooperation between the signatories will help assure that the goals and policies of State and Federal law and regulation will be carried out efficiently and expedi-tiously.
2-2.
With the execution of this Memoraxhm the State and NRC agree to consult regularly and cooperate in exploring and 1
devising appropriate procedures to minimize, to the extent possible, duplication of effort and to avoid delays in decision making so that effective use will be made of the resources of the State and NRC.
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DRAFT 2-3.
NRC and the State agree to share proprietary information in each other's possession relating to the decontamination and decommissioning of the licensee's facility; provided that the proprietary nature of this information shall be re-spected and preserved.
2-4.
The principal NRC contact under this Memonmdun shall be the Director of the Office of Nuclear Material Safety and Safe-guards.
The principal State contact shall be designated by the Governor.
3.
DECONTAMINATION PROCEDURES AND CRITERIA; GENERAL PRINCIPLES:
3-1.
An "as low as reasonably achievable" standard shall be applied to the licensee by the NRC.
3-2.
The State will be notified by NRC in a timely fashion of decontamination criteria and procedures proposed by NRC and/or the licensee, and will be provided an opportunity to comment on, contest or recommend alternatives to or modification of those procedures and criteria.
3-3.
Where the State chooses to contest any decontamination pro-cedures or criteria proposed by NRC and/or the licensee, it shall be required to demonstrate to NRC that alternative procedures or more stringen't criteria are " reasonably achiev-able."
DRAFT 3-4.
Where the licensee proposes any decontamination procedures or criteria less stringent than those established as targets, the licensee shall be required to demonstrate and NRC to find that imposition of more stringent procedures or standards is not " reasonably achievable."
3-5.
The State shall be provided an opportunity to review such less stringent procedures and criteria and any supporting demonstrations, and shall further be afforded an opportu-nity to contest such criteria.and rebut such demonstrations.
3-6.
Decontamination plans and criteria shall set forth specific benchmarks, measuring, monitoring and verification proce-dures including schedules and timetables and shall further be subject to the conditions and limitations described above.
3-7.
The State shall be afforded a reasonable opportunity to conduct a public hearing prior to contesting or recommending alternatives to or modification of decontamination pro-cedures and criteria.
4.
DECONTAMINATION OF BUILDINGS AND EQUIPMENT:
4-1.
NRC " Guidelines for Decontamination of Facilities and Equip-ment Prior to Release for Unrestricted Use or Termination of Licenses for By-Product, Source, or Special Nuclear Material" (1976) shall establish the targets against which the licensee's decontamination proposals and activities will be measured.
DRAFT
~~
5.
DECONTAMINATION OF GROUNDWATER:
5-1.
U.S. Environmental Protection Agency (EPA) " National Interim Primary Drinking Water Regulations, As Amended", adopted pursuant to the Safe Drinking Water Act of 1954, As Amended, shall establish the targets against which the licensee's decontamination proposals and activities will be measured.
5-2.
In determining whether a groundwater contamination pro-i cedure is " reasonably achievable", NRC shall consider the length of time necessary for that procedure to reduce ground-water contamination to agreed upon levels.
Priority shall be given to measures which will result in rapid reduction of contamination.
6.
SITE CHARACTERIZATION, SURVEYS AND INVESTIGATIONS:
6-1.
The licensee shall be required to describe in detail and establish timetables for the completion of the site characterization process.
6-2.
The licensee shall be required to disclose in full the results of all surveys, samples and tests conducted as part of site characterization; provided that customary protection l
l may be afforded proprietary information.
6-3.
The Oak Ridge Associated Universities (0RAU) " Radiological Survey Plan for Portions of the United Nuclear Corporation Facility, Wood River Junction, Rhode Island", dated May 24, 1982 and the " Proposed Radiological Survey Plan for the l
Restricted Area Portion of the Restricted Area Portion of l
the United Nuclear Corporation Facility, Wood River Junction, Rhode Island", dated May 13, 1982 shall establish the manner in which site characterization and surveys will be conducted provided that changes recommended by the State of Rhode :
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jk Island in correspondence dated June 22, 1982 are made.
6-4.
The ORAU site survey shall be conducted after radiological waste materials in the " restricted area" identified as a i
result of the licensee's site characterization process have been removed from the site in accordance with section 8 of the Mcmorandum; provided that immediately prior to termination of the NRC license a follow up survey will be conducted of any areas found in the earlier survey to have J
been contaminated.
i 7.
SOIL CONTAMINATION:
7-1.
Surface and subsurface sampling of soils shall be conducted as described in the May 24, 1982 ORAU " Radiological Survey Plan.
" and as further modified pursuant to state correspondence dated June 22, 1982.
7-2.
Based on the above referenced sampling, NRC shall develop appropriate decontamination procedures and criteria for all contaminated soils on site.
These procedures and criteria shall consider, reflect and address the various l
pathways by which radiological contaminationlof soils l
could reasonably be expected to reach man.
8.
ONSITE STORAGE OF RADIOLOGICAL WASTE:
8-1.
Radiological waste materials generated by the licensee as by-products of its uranium recovery process and/or the decontamination of its buildings and grounds shall be re-moved in U.S. Department of Transportation approved shipping containers to licensed burial facilities and/or federal depositories according to specified plans and timetables.
DRAFT 8-2.
An "as quickly as reasonably achievable" standard shall be applied to the removal of radiological waste materials by the licensee.
4 8-3.
The indeterminate onsite storage of radiological wastes, i
defined as storage of wastes for which there is in place no approved shipping plan or timetable, shall be prohibited.
9.
INSPECTIONS FOR COMPLIANCE:
9-1.
The State shall have the right to accompany NRC staff to verify the licensee's compliance with all requirements and criteria under this Memorandum and may conduct verifying tests or measurements as necessary.
10.
APPEALS FROM A DECISION BY NRC:
10-1. Where differences of opinions on technical matters between the State and NRC occur, every reasonable attempt will be made to resolve these differences at the administrative level.
10-2. The State may, however, appeal any decision or decontamina-tion made by NRC regarding a decontamination procedure or criteria or any finding of compliance with such a procedure or criteria by NRC to Federal District Court; provided, however, that it shall first have exhausted such admini-strative remedies before NRC as are provided for elsewhere in this Memorandum.,
DRAFT 11.
MODIFICATION OF THE NRC LICENSE:
l 11-1. Prior to approving any modification of the license presently in force, NRC shall notify the State and provide it a reasonabic opportunity to comment on, contest or recommend alternatives to the proposed modification.
11-2. Where modification of the license would have the effect of removing requirements or safeguards presently in place, the licensee shall be required to demonstrate and NRC to find that no new or greater risk to the public health and
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safety on the environment wil1 be created.
12.
PUBLIC INFORMATION AND HEARINGS:
12-1. The State and NRC jointly agree that all data and documents relating to the decommissioning of UNC Recovery Systems, Wood River Junction, other than those entitled to protec-tion as proprietary, shall be made public in a timely fashion and at convenient locations and times.
12-2. The State and NRC jointly agree to conduct and participate in public information hearings and forums on a regular basis.
12-3. NRC shall at a location convenient to the licensed facility conduct a full adjudicatory hearing at or near the comple-tion of the decommissioning process, but prior to the l
termination of the NRC license.
Representatives of the licensee, the NRC and the State may be required to testify and/or be questioned under oath by counsel for NRC, the State and/or any intervenor with standing at this hearing.
DRAFT 13.
EFFECTIVE DATE:
13-1. This Memorandum shall take effect immediately upon signing o
by authorized representatives of the State and the NRC.
14.
STATUTORY AUTHORITIES:
14-1. Nothing in this Memorandum is intended to restrict or extend the statutory authority of either NRC or the State.
15.
SEVERABILITY:
15-1. If any provision of the Memorandum or the application thereof to any person or circumstances is held invalid, the remainder of this Memorandum, and the application of such provisions to other persons or circumstances, other than those as to which it is held invalid, shall not be affected thereby.
SIGNATURES:
For the State of Rhode Island DATE:
BY:
For the Nuclear Regulatory Commission DATE:
BY: