ML20078F729

Amend 7 to License SNM-639 for Cintichem,Inc,Extending Condition H

ML20078F729
Person / Time
Site:	05000054, 07000687
Issue date:	01/18/1995
From:	Glenn J NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
To:
Shared Package
ML20078F735	List: ML20078F729
References
NUDOCS 9502020230
Download: ML20078F729 (5)

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NRC FORM 374 NEd OF a N ES i

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U.S. NUCLEAR CEGULATORY COMMISSION II I

MATERIALS LICENSE g

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g; Pursuant to the At6tnic Energy Act of 1954, as amended, the Energy Reorganization Act of 1974 (Public Law 93-438), and Title to, j l! Code of Federal Regulations, Chapter I, Parts 30. 31, 32,33,34,35, 39, 40 and 70, and in reliance on statements and representations heretofore p II made by the licensee, a license is hereby issued authorizing the licensee to receive, acquire, possess, and transfer byproduct, source. and special l I

nuclear material designated below; to use such material for the purpose (s) and at the place (s) designated below; to deliser or transfer such material ll to perstms authorized to receive it in accordance with the regulations of the applicable Part(s). This license shall be deemed to contain the conditions y

spcined in Section 183 of the Atomic Energy Act of 1954, as amended, and is subject to all applicable rules, regulations and orders of the Nuclear j g

Regulatory Commission now or hereafter in effect and to any conditions specified below.

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3. Uanse umb" SNM-639 Cintichem, Inc.

i Amendment No. 7 y

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Sterling Forest Research Center II l

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4. Expiration date December 15, 1996 j

f Tuxedo, NY 10987

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5. Docket or g

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Reference No 070-00687 y-1

6. Byproduct, source, and/or

7. Chemical and/or physical

8. Maximum amount that licensee i

I specia; nuclear material form may possess at any one time l

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[i A. -Uranium-235 A.

Any form A.

350 gm. of (2 20% enriched) contained ll l

U-235 t.

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Plutonium B.

Encapsulated B.

80 gm.Pu-Be I

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Any Radioactive C.

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dj Atomic Nos, 3 and L

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for possession under l

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byproduct license

.t No. 729-0322 I

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Authorized Use:

For possession and storage at the site of the Cintichem, Inc.

facility in Tuxedo, NY.

Use as necessary in the decommissioning of the reactor building, hot laboratory building and waste storage building and areas associated with the operations carried out under license SNM-639.

l 1 10. Conditions:

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A.

Licensed material shall be possessed, used and stored at the Cintichem, Inc.

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l facility located on Long Meadow Road in Tuxedo, NY.

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Licensed material shall be used or under the supervision of the decommissioning l^

1 Project Manager.

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j AmendmonLNo. 7 4

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Except as specifically provided otherwise in this license, the licensee shall N

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conduct its program in accordance with the statements, representations, and il l

procedures contained in the documents, including all enclosures, listed below.

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The Nuclear Regulatory Commission's regulations shall govern unless the I,

statements, representations and procedures in the licensee's application and

!p correspondence are more restrictive than the regulations.

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1.

October 19, 1990,

16. July 15, 1992, i

2.

January 11, 1991,

17. ' October 22, 1992, l

3 3.

January 14, 1991, 18.

November 6, 1992, 4.

January 28, 1991, 19.

December 15, 1992, p

5.

February 19, 1991,

20. July 15,1993, p

1 6.

March 8, 1991,

21. August 26, 1993, F

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April 17, 1991,

22. August 27, 1993, j

4 8.

April 24, 1991,

23. October 1, 1993, j

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May 21, 1991,

24. January 3, 1994, y

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10. June 25, 1991, 25.

February 1, 1994, p.

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11. July 17, 1991, 26.

March 31, 1994, p

12. August 6, 1991,

27. October 17, 1994,

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13. October 2, 1991, 28.

December 8, 1994, and E

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14. January 8, 1992,

29. December 16, 1994.

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February 19, 1992,

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D.

In addition to the statements, representations and procedures made in the k;

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aforementioned letters the licensee will conduct decommissioning operations in j

accordance with the statements, representations and procedures outlined in theand letter

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licensee's request to renew license SNM-639 dated September 15, 1989, a

dated oune 29, 1990, unless the statements, representations and procedures in theaforementionedlettersarenotappropriatetothedecommissioningactiviti 1

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or the Commission's regulations are more restrictive.

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E.

The licensee may make minor changes to the conditions described in this license, without a 1icense amendment, provided that:

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These changes do not involve an unreviewed safety question; I

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2.

The changes do not cause a significant increase in radiation exposure to l

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3.

The changes do not cause a decrease in the protection of the public health I

h and safety and the environment offered by the existing license condition.

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A change shall be deemed to involve an unreviewed safety question if an accident P

analysis for the change: (i) results in consequence values exceeding the values 8

j of the accident analysis described in the licensee's decommissioning plan, as l

l supplemented, or the probability of occurrence for the types of everts there

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evaluated is judged to increase; (ii) reveals a possibility for an accident of a

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different type than previnusly evaluated or; (iii) the margin of safety defined W

4 in the basis for any technical specification is reduced.

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l Prior to initiating any changes to the license conditions allowed under l

4 Condition E the licensee shall prepare a safety evaluation of. the effect of the q

change.

This evaluation shall be reviewed and approved by tne licensee's t

Nuclear Safeguards Committee and, as appropriate, the licensee's Radiation d

Safety /ALARA Committee and shall provide the basis for determining that the A

change will not involve an unreviewed safety question, a significant increase in l

radiation exposure to employees or a decrease in the protection of the public y

health and safety and the environment offered by the existing license condition, q

Records of evaluations and approvals of changes shall be maintained by the d

licensee.

F.

The licensee shall decontaminate the reactor building, hot laboratory building, waste storage building and areas associated with the operations carried out under license SNH-639 to the unrestricted release criteria specified in NRC Regulatory Guide 1.86 and New York State criteria outlined in Table 5 of Section l

4 38.29 of 12 NYCRR 38.

In those instances where NRC and New York State criteria 8

differ the more restrictive criteria will apply.

In addition to the criteria k

l outlined above the licensee shall ensure that:

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Prior to demolition all build:ngs and structures exhibit exposure rates of y

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less than 5 pR/hr above background at one meter;

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The results of all soil characterization data are submitted to, approved by, M

l and verified by NRC prior to release of the site.

NRC's evaluation will

'P ensure that exposure to this soil will not result in a dose to the public in l

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q, ql excess of the criteria established in Condition G, following unrestricted y

4 release of the site, p

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8 G.

The licensee shall develop residual soil contamination limits that the licensee

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intends to use as unrestricted release criteria. These criteria will be based i

on the principle that residual contamination shall be as low as reasonably q

4, achievable (ALARA). The licensee shall submit these limits to NRC for 1

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evaluation, within 6 months of the effective date of this amendment. This di deadline may be extended by the Commission if the licensee demonstrates good cause based on technical feasibility (including circumstances that arise which i

j were not foreseeable or were beyond the control of the licensee).

Upon review j

4 and approval by NRC, the licensee shall ensure that all soil remaining on-site l

at the completion of the decommissioning operations is within these criteria.

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Licnne number SNM-639 I

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MATERIALS LICENSE pocket or aererence number I

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SUPPLEMENTARY SHEET 070-00687 I

Amendment No. 7 y

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H.

As outlined in the licensee's decommissioning plan, as supplemented, the l

l licensee shall complete the decommissioning by January 16, 1996. This deadline y

may be extended by the Commission if the licensee demonstrates good cause based

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on technical feasibility (including circumstances that arise which were not E

foreseeable or were beyond the control of the licensee) or risk reduction 5

i considerations.

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The licensee shall maintain records of information important to safe and u

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effective decommissioning at the Cintichem facility located on Long Meadow Road p

in Tuxedo, NY per the provisions of 10 CFR 70.38.

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FOR THE U.S. NUCLEAR REGULATORY COMMISSION l

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Date:

January 18, 1995 By:

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Jo E. Glenn, ActYng Chief d

L Level Waste and Decommissioning y

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Division of Waste Management

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and Safeguards lN Washingtnn, DC 20555 j

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NRC STAFF EVALUATION OF CINTICHEM'S REQUEST TO EXTEND THE DECOMMISSIONING 0F THEIR TUXEDO, NEW YORK FACILITY FOR AN ADDITIONAL 12 MONTHS On January 16, 1992, the Nuclear Regulatory Comission (NRC) issued a license amendment to Cintichem, Inc. authorizing the decommissioning of their Tuxedo, New York facility (Amendment No. 6 to License No SNM-639). Condition H of this license amendment requires that Cintichem complete the decomissioning of their facility within 36 months of the effective date of the license amendment, i.e.

by January 16, 1995. Condition H also allows for an extension to the scheduled completion of the decomissioning project if Cintichem demonstrates good cause based on technical feasibility (including circumstances that arise which were not foreseeable or were beyond Cintichem's control) or risk reduction considerations.

In a letter dated December 8,1994, Cintichem requested that Condition H be amended to extend the scheduled completion date of the decommissioning of their Tuxedo, New York, facility for 12 mir.ths.

Cintichem stated that delays in completing the decommissioning were the result of an increase in the scope of the decommissioning due to additional contamination being found under *he hot cells and hot cell ventilation ducts, as well as the need to change the c,er in which the hot cells were decontaminated and dismantled.

In addition, Cintichem i

indicated that delays in receiving approval from the Department of Energy (D0E) to ship spent fuel to DOE's Savannah River facility for reprocessing, the lack of definitive criteria for residual radioactive material to be left at the site at the completion of decomissioning activities, and maintaining or gaining access to low-level waste disposal facilities added to the delay in completing the decomissioning operations in accordance with license condition H.

During a telephone call on December 16, 1994, NRC staff requested a schedule of the decomissioning activities during the 12 month extension period. This additional information was provided in a letter dated December 16, 1994, and also indicated that the actual estimated additional time required to complete decommissioning your facility was 9 months and that Cintichem had " built in" a contingency period of 3 months to allow for unforeseeable or uncontrollable delays in completing the decomissionir.g of their facility.

NRC staff has reviewed Cintichem's request and the additional information supplied in response to the staff's request and concluded that tS delay in the completion of the decomissioning of Cintichem's Tuxedo, New York, facility is justifiable and meets the conditions described in Condition H of License Amendment No.

6 to License No SNM-639.

In addition, the additional decomissioning activities are not expected to significantly change the types or increase the amounts of effluents released off-site, increase individual or cumulative occupational radiation exposures, significantly impact on construction, or significantly increase the potential for or consequences from radiological accidents.

Therefore, an environmental assessment should not be necessary based on the categorical exclusion at 10 CFR 51.22(c)(ll).

Finally, NRC staff concluded that, because of the decomissioning tasks that remain to be completed at Cintichem's facility, including a determination by the NRC staff as to the disposition of the potentially contaminated bedrock, it is not unreasonable to expect that some delays may be experienced in completing the decomissioning within 9 months and that a contingency period of 3 months is appropriate.

Enclosure