ML20076N070

Withdraws 910214 Request for Hearing & Petition to Intervene in Proceeding Re Proposed Issuance of NRC Orders Authorizing Cintichem,Inc to Dismantle Reactor Facility & Dispose of Termination of License R-81.W/Certificate of Svc

ML20076N070
Person / Time
Site:	05000054
Issue date:	03/13/1991
From:	Quine S NEW YORK, STATE OF
To:	Frye J Atomic Safety and Licensing Board Panel
References
CON-#191-11555 91-637-08-OLA, 91-637-8-OLA, OLA, NUDOCS 9103280057
Download: ML20076N070 (12)

Text

,

.' //555 New York State Department of Environmental Conservation O Wolf Road, Albany, New York 12233 Thomas C. Joriing March 13, 1991 Commisekwwt

-O

/x ,

l.a\ '

/ Y 3 0 s

y occtETED ,

-3 John H. Frye, III -

Chairman C(

- Mggeggziss i 3 991 Atomic Safety and Licensing Board ' a stnytcE BRMCN /

No. 91-637-08-OLA SECT +RC c/o Secretary, U.S. Nuclear Regulatory Commission b, Washington, D.C. 20555 _

ATTENTION CHIEF, DOCKETING AND SERVICE SECTION Re: In the Matter of Cintichem Incorporated Docket No. 50-54-OLA Dear Judge Frye The New York State Department of Environmental Conservation

("NYSDEC") has entered into the enclosed agreement with Cintichem, ("NRC"),

Inc. and Staff of the Nuclear Regulatory Commission covering NYSDEC's -involvement in res?cct to the Decommissioning Activitics. In consideration of th:.s agreement, NYSDEC hereby withdraws its February 14, 1991, request for a hearing and petition to intervene in the proceeding concerning the proposed issuance of NRC orders authorizing Cintichem Inc. to dismantle the reactor facility and dispose of the component parts and termination of the Facility License No. R-81 which was filed in response to the notice published in the Federal Register at 56 Fed. Reg.1422 (January 14, 1991).

Sincerely, bldW 0. f&

Susan C. Quine Senior Attorney Enclosure SCQ:kl cc: Enclosed Service List 9103200057 910313 Oh hDR ADOCK 0500 4

r- N MAR-14-199a 10:57 FROM NYS EPC04 ft.DRNf 70 h g }

, ey G nocVLWD ,

UNITED STATES OF AMERICA

-i Mg j3 133I 7; 3 NUCLEAR REGUIATORY COMMISSION cocmbscaA;) l StD[ch.nc g.

In the Mattor of 4 j a, (\p

^" 'Dockot No. (u)'50b54-bLA *

.w '

v CINTICHEM INCORPORATED as .'" [

(Facility Licenso No. R-81) ." .

____.__.______.. __ .. _______..q , .;

CERTIFICATE OF SERVICE I hornby certify that copion of the foregoing have been served uptv) - the following persons by U.S. mail, first claan, except as otherwist noted and in accordance with the requirements of 10 CFR

$2.701:

Samuel J. Chilk, Socratary Administrativo Law Judge US Nuclear Roqulatory Commission John H. Fryo, III, Chairman Washington, D.C. 20555 Atomic Safety and Licensing .

Attention Chief, Docketing and Board service section US Nuclear Roqulatory Comm.

Washington, D.C. 20555 (by U.S. Mail and Facsimilo n Trannmission)

Atomic Safety.and Licensing Administrative Judge Appeal Board David R. Schink US Nuclear Regulatory Commission Department of Oceanography Washington, D.C. 20555 Texas A&M University College Station, TX 77043 Administrative Judge Office of General Counsol Charlos N. Kelber US Huclear Regulatory Comm.

Atomic Safety and Licensing Bd. Washington, D.C. 20555 US Nuclear Regulatory Commission Washington, D.C. 20555 Elaine Chan _

Philip Yachmotz Office of General Counsol Attornoy for Cintichem US Nuclear Regulatory Commission Hoffman-LaRocho/Sr. Counsel Washington, D.C. 20555 340 Kingsland Ave. Bldg 85 (by U.S. Mail Firct Class and Nutley, NJ 07110 Facsimila Transmission) (by U.S. Mail First Class and Facsimile Transmission)

Dated Albany, New York \ ' ,

' 1 this 13 day of March, 1991 YDJ' m 1 MGak b Kim Lebrecht Now York State Department of Environnontal Conservation l

t%R-14-1991 10:57 FR0ri t#5 ErC0r4 ALDt# TO P,03

_ COOPERATION AGREEMENT .,

l' This Agreement made as of this 12th day of March,1991, by and between the

,i Staff of the United States Ncelear Regulatory Comssion, an egency of the federal '

government of the United States of America, having an office at One White Flint North, 11155 Rockville Pit, Rocb. ;e. Ma.ryland 20852 ("NRC"); the New York Department l of Environmental Contervation, an agency of the State of New York, having an office i

at 50 Wolf Road, AEnny, New YoQ 12233 ("NYSDEC"); and Cint! chem, Inc., a l Delaware corporation, having an office a Long Meadow Road, Tuxedo, New York 10987 (" Licensee").

l WiTNE5S"eTH WHEREAS, on October _ 19,1990. Licensee fued an apphen: ion with the NRC requesting the SRC's approval of a detailed plan for the decontamination and decommissioning of its fiw (5) Megawatt nuclear research reactor and radiochemical precessing laboratory (hereinafter the ' Reactor Facility") located at its plant site in Tuxedo, New York (hereinafter the " Decommissioning Plan"), which has heretofore been operated pursuant to NRC Reacto! License No, R 81, NRC Special Nuclear Materials License No. SNM 639 and,in part, New York State Department of Labor -("NYDOL")

Radioactive By Product Materials License No. 729 0K2 (hereinafter the "Licensec's Application"); and t101. 1310 i. :i Hi,::: f-2:-!0 l

mR-14-1991 10:58 FROM t#S D400N ALD4# TO P.04

. 2 WHEREAS, in response to a Notice of Opportunity for Hearing, publ' hed on I

January 14,1991 (56 Fed. Reg.1422), NYSDEC filed a timely Request for Hea ing and Petition to Intervene on February 15,1991 (hereinafter the Tetitioo') with respect to Licensee's Application, the Decommissioning Plan and the Decommissioning Process (each as herein defined and hereinafter co!!ectively referred to as ' Decommissioning Activities"); and WHEREAS, NRC, NYSDEC and L!censee have conferred and concluded that the Petition was a formal means of registering NYSDEC's respor.stbilhics and concerns cnd formally exercising any rights of NYSDEC in respect to tne Decommissicals; Activit!cs, and without NRC and Licensee conceding the sufficiency of such Petition, would Ifke to er.cre that NYSDEC will cr.lcy a f.:1:, complete und open exchtage cf in!ctma: ion an:! the opport.:nity to expr:ss i.s views .utt. respe:t : the Decomtr.f.<5 ion!:; Ac:c.~:ies; and WHEREAS, SRC, NYSDEC and Licensee have further conferred and reached agreement concerning certain procedures and course of conduct and dealings to be followed during the Decommission!n; /.ctivitics all as more specificcliy set forth herein; and WHEREAS, based upon and subject to the provisions of this Agreement, NYSDEC now wishes to withdraw its Petition; i :-i . t!Di Ni20 ,i::: ,::i'. T H-::-!:

tm-14-1W1 10:58 FROM l#S EtCON ALtW# TO p.0$

3 NOW THEREFORE, in consideration of the premises and mutual covenants set .

ji forth herein, and intending to be legally bound, NRC, NYSDEC and Licensee all agree i

as follows:

1. During May,1989 the NRC and NYSDEC entered into e Letter of .

i Agreement formalizing the underste.ndng of the NRC, NYSDEC and NYDOL (hereinafter the " Agencies") regardng the specific areas of exclusive jurisdiction of each of the Agencies at the Licensee's plan: site located in Tuxede. New York (hereintf:er .

the biter Agreement", a copy of which is attached hereto as Exhibit A and incorporated herein by this reference). The NRC, NYSDEC and Licensee agree that the Letter Agreement is and will continue in full force and effect in accordance with its j; terms and cond!!:ons, tne NRC, NYSDEC and Licensee iso agree :hr.: :he Letter A;:ee:nent we. govern natt:n of y.:risdiction at the L ::uce 3 ;::n: .he :cated :..

Tuxedo, New York curin; the Decommissioning Navitief, un:L the Terrnina:fon Order (s) and Notice (as hereinafter defined) are issued.

2. On June 6,1990, NYSDEC and Licensee entered into an Order on Consent.

The NRC, NYSDEC end Licensee agree that the Corsent Order is and will continue 1

in full force and effect in accordance with its terms and conditions during the Decommissioning Activities. i i

3. During the Decornmissioning Activitics, it is the express intent of NRC, NYSDEC and Licensee to have a fu'il, comple:e and opea exchanse of information j i

concerning the Decommissioning Ac:Mties, subject to r/e. condtions as may be i

l I05 IiDi.N!!O*:::i::!:::5! ' N ;-[3

tm-14-1991 10:59 FRCri t#5 UCCt1 ALEW# To p,g

' . 4 necessary and appropriate for the protection of classified, proprietary and/or sceurity

'Y or safeguards information (including, when appropriate, the exemption f:om disclosure to or by NYSDEC pursuant to 6 NYCRR { 616.7 or any other appropriate provisions of federal or state law) and to afford NYSDEC the opportunity to present in accordance its views, concerns and information with respect to the $

with paragraph 7, Decommissioning Activities to the NRC and Licensee and to have NRC and Licensee consider NYSDEC's views, concerns and information on a timely bas!s during the cendency of the Decornmistioning Activities. To this er:0, NRC. NYSDEC and Licensec apec that these intentions will govern each of the!r a::!cns during the Decommissioning Actidties and the interpretation of the terms and conditions set forth in this Agreement.

A (a)

NRC and Licensee agree to furr.is'r NYSDEC mta c: pies of ni!

carre.<pondence, reporu, d:cumen:.~ cr eth:r wrin:n "nierr rion ci r.r. ::nd i . any ictm whn: soever which either .Srnisnes to the o:her ding the Deccmminioning Activities, which pertain to the review, progress, evaluation or status thereof. NRC and Licemce may recuest prior to the subtnission of ntch '.nformation that NYSDEC agree to the protection of dassified, proprietary, and/or security or safeguards information.

(b) NRC, NYSDEC and Licensee agree that each will furnish to the others copies of any correspondence or other written information of any kind in any form whatsoever which any of them send to or receive from r.ny federal, state local, or private agency or entity not a party to this Agreement which peittins to the review, progress. evaluation or natus of the Decommissioning A: tivi:.es.

1 1

h. v' .  !! i f *f .*

MV?-14-1991 10159 FRoM FfS EHCoN FO ;Hf- To p,07 .

.$,= -

(c) _ NRC, NYSDEC and Licensee agree to furnish each other with copies g

of all correspondence, reports, documents, or documented oral or written information )

I q

of any kind in any form whatsoever which is exchanged between any of the parties with respect to the Decommbstoning Activities, as limited by paragraph d, recognizing that NYSDEC is subject to New York State Public Officers Law,9 87, incorporated herein by reference.

(d) The obligations of NRC, NYSDEC and Licensee as $ct forth in sections l (a),(b) and (c) of this Paragraph a shall not extend to or include draft. pre decisional or other documents-including those protected by. the Sew York Stcte Pubi!c 0:t'icers L Law }. S7 prepared or received by the perties hereto and/or the!r consultan:s and agents, ,

f or' documents which are or would otherwise be protected from disclosure under the .j I Freedom of Information Act, (! U.S.C. i !!2h l

3. NRC agrees to provide NYSDEC v.ith W:ely notificaticn. on a best effom f basis, of upcoming meetings and P.spections between SRC end Licensee re'.evant to the review, progress, evaluation- or status of- the Decommissioning 'ActMt!es and that NYSDEC may attend and participate in such meetings _ ns appropr! ate, and accornpany

the NRC on such inspections. Should NYSDEC elect to attend such meetings and accornpany NRC on such inspections, NYSDEC agrees that such attendance is for the 1-

purpose of achieving and ma!ntaining a full, complete and open excaange of information,

! ~views and concoms relat!ve to the Decommissioning Activities and that NYSDEC shall not unreasonably extend or change the scope or objective of such meetings,inspectiora L- , or Decommluloning Activitics, p

..ge (,e g

. . _ .;__.. _. _ . _._m_ _ _ . _ _ _ _ . _ _ _ _ - _ _ . .

tVR-14-1991 11800 FRCM t#5 DCON R.D4# TO p,og 4

6. The parties hereto agree to make timely response, on a best efforts basis, to any other Party's reasonable request for additionalinformation relevant to the review, 1

progress, evaluation or status of the Decommissioning ActMties, provided that NRC, Licensee and/or their consultants, shall not be required to perform additional testing, calculations or other .:valuattom or anrJyses except as the NRC deems, in its sole .-

discretion, to be appropriate er required in order to ,atisf/ the requirements of the Atomic Energy Act of 1954, as amended, and the rules and regulations promulgated thereunder.

7. (a) SRC agrees to efford NYSDEC a reasonab:e opporn:rjty to present its views in a timely manner to the NRC concerning the Decommissioning Activities before the NRC makes a final rerorr.ende:Rn or determint. tion c; any cpprova: cf.

cr c::nditicns for, de De:emm!!>!;nin; A:tivir.e!. NYSDEC t.;rees to submit i:1 views ,

conening c.r. !ssue cr espect of the De:cmmissionir.s AetMees in uride; to both :he SRC and Licensee within five (5) but.iness days of the re.:cip: of ca.: correspondence, report, document or o. 'c !tten infortnation from either NRC or Licensee, or an oral request for its views made by the SRC, except that an extension of time may be provided pursuant to paragraph 7(c).

(b) NRC also agrees to afford Liceasce a reasonable opportunity to present its position on NYSDEC's viewt concerning the Decommiss!oning ActM:!cs in a timely manner to the NRC before the NRC acts on such views expressed by NYSDEC.

Licensee agrees to submit its position with respect to NYSDECs views within five (5) bus: ness days of its receipt of ::ch views in writing from NYSDEC, except that an extension of time may be prevised punut.m to para 3:epc 7(e).

I 1

.:i i:0!: Ni10 ::.ii ::ii,:I: li-'-!0

mn-14-19si m oa FROM rus occn renqu 70 p,09

• 7 1

As timely implementation of Decommission!ng Actidtles is agreed to (c) be in the interest of all parties, NYSDEC and Licensee agree and acknowledge that the granting of any extensions of time within which to respond and present their views or positions will be within the sole discretion of the NRC. ~

Further,in view of the provisions of the Letter Agreement and Consent .

(d)

Order, should the SRC and NYSDEC be unable to resolve conflicting viewpoints 4

concerning an issue or aspect of the review, pro 5tess, evtluntion,5t-us, conditions or app:cval of the Decommissioning Activities, the position and opinion cf the NRC shall prevail. However, upon the written ree,uest of NY5DEC the NRC ui:1 promptly provide SYSDEC with a written justification or explanation ciits posit!cn or op!nion.

The provision of such written justification or explanation will not delay the I implementatien or renderfn; of NECs viewpoint approval c' dec!<;on or nn inte or spect of the De::mmissientn; A:n'. ties, un:ess and unti'. 2: SRC to Ortm er direca The partics agt:: thtt they shti, retain a'.'. legt, rij;h'.i cr.cer the (e)

Commission's regu!c.tions and the Atontic Energy A:t including late intervention and late fded contemions. This agreement is not meant to abridge the rights of the parties in forums other than that of the NRC.

8. Subject to paragraph 7(e) hereof, NYSDEC, NRC and Licensee acknow!cdge that upon the issuance of an Order (s) and/or license amendinent, by the NRC granting approvt.1 of the Decornm!ssioning Plan and any supplements thereto, !.icensee will implement, with all due dispatch and care, the approved Decommissioning Plan, thereby decontaminating and distnantling de Reactor Facility r.nd dhposing of or otherwise hr.ndling the rad!cactive and r.on ru.icactive compor.ents. n.bb'.e and w:r.c generated 355 f.Di'. li!20 ..::i ".ii'. G E :-M

E MAR-id-199ti-11ica'FROMi Rrs EFCON ALBFert- -TO: -

P.10 I I

n. .

..[

by'such s$vities in accordance eith the methods and specifications set fonh in .

- i

Decommissioning Plan :or _as otherwise ordered ' or directed by NRC (herein the

Decommbsloning Process"). '

9. Subject to parsgraph 7(e) hereof, NRC, NYSDEC and Licensee further acknowiedge that upon completion of the et:tivities authorized by the NRCs Order1 (s) and/or license amendment approving the Decommissionlig Plan and any supplements thereto and verification by the NRC that in its sole 'and ~uciusive opintor. ecceptable levels -of radioactive- contamination have been achieved.by the performance of _the activities detailed in the Decommissioning Plan and any supplements and amendments *l I

thereto, such that a condition suhable for unrestricted use has been attained, the NRC will issue un Order term!nating NRC Rete:or License No. Fi Si nr.d a written notice terminating NRC Special Nu: lear Materiais License No. SNM 639 C.ereinafter the

^ Termination Ordet and Notice').? In rnaking such determinations that acceptable lev:Is of-radioactive contamination have been achieved at the Licensec's faciitty located in Tuxedo, New York the NRC shall be guided by its guidance, past practice, professional judgment and-other criteria, and prior to the issuance of the Termination Order (s) a Notice the NRC will make any findings required by the Atomic Energy Act of 1954, as amended.

10. NRC, NYSDEC ndd Licensee agree that this Agreement confers no I regulatory control, jurisdiction or authority upon NYSDEC over or with respect 'to ti,e Decommissioning- Activities; however, this Agreement will not prevent the NRC from designating in writing a particular aspect or function to be carried cut by NYSDEC or. ,

4 ti0li Nis0 H.di :;iit:U 15-U -!0 Mi

f-MAR-14-1991' -gi gi--- 1 ppcy,: pfg g qg _ _

-P.11

-=

x, &

behalf of NRC, provided that the NRC makes such a.designaden pununst

' and exclusive authority, after allowing the Licensee the opportunity to express

,j land opinion, that suen designation is appropriate and allowed under the a

,l

= rules and regulations.-- - *\

v.

. s~

q Immediately upon the execution of, thia Agreement.- (a) NYSDEC _shall--

11.:  ;

d (b) Licensee 1 execute and file with the NRC a Notice of Withdrawal of its Petition, an shall execute and transmit to the Secretary of the NRC a letter, requesting confirm the Pemion filed by SYSDEC thatino hearing has been or win be convened pursuant 1:

in the matter of Licensee's Application.

12.

All communiections and cc;!ct of corresponden:c.- reports, 6: men:s or ci :ny kind in :.ny !ct . whatsoever which than be e:changet  !

wr!".en ini:r==ic  ;

berxeen the panies hereto pursuant 10 de terms of this Agreement sha!! be 1:n by facsimile or -

panies in identical fasnion and, if recuested by rap!d means (i.e.:

overnight courier service; material so sent shall be dee:ned as re:eived by the Addr on the same day, or the next succeeding business day following dispatch, respecti o During'the Decommissioning Activities, rapid means will be used between the p  !

. hereto for urgent communications or the exchange of information for which comments are known to be requ' .d.

E m;: nie:::it ::ir a mn ni m.

-"-^^^-------_m___m._ _ . _

, . . - . ~ . _ ~~~ . . _ . . . . . .

'~

t1H-14-1991 11:02 : FRCri t4YS EtC Ct1 f4.E N # TO P.12 f

• l n'*-' -

. Alreement shall-take effect immediately upon the exegion1

• I n.

parties hereto. .

4 U.S. NUCLEAR REGULATORY 'l, OF COMMISSION; STAFF ,

NEW YORK STATE DEPARTMENT -

ENVIRONMENTAL CONSERVATION-k.cl . ~~ _

j f!460% C. (fuiN _ _

By: Elair.e 1 Cat.n, Attorney _ _ '

- By: Susan C. Quine Office of the General Counsel

Title:

Senior Attorney _

CINTICKEM. ISC. l By: Phthp. K. Yachmen:, Esc.

Counsel for Cintichern, Inc.

1 9

e ,

e e o

.u 1

TOTAL P,1;'

. . _ . _ - _ . . . ~ . . -..-._..__......-.~.-._._..._...a_...__._....---.._.._. . . . _ . - --.-_.-a