ML20086D908
| ML20086D908 | |
| Person / Time | |
|---|---|
| Site: | McGuire, Mcguire  |
| Issue date: | 07/03/1995 |
| From: | David Brown NORTH CAROLINA, STATE OF |
| To: | Bangart R NRC OFFICE OF STATE PROGRAMS (OSP) |
| References | |
| NUDOCS 9507110044 | |
| Download: ML20086D908 (2) | |
Text
.
Stato of North Ccrolina Department of Environment, Health and Natural Resources 4
i Division of Radiation Protection m
h DEHNR oIat ari B.
o s, Secre ary Dayne H. Brown, Director July 3,1995 Richard L. Bangart, Director Office of State Programs U.S. Nuclear Regulatory Commission Document Control Desk P1-37 Washington, D.C. 20555
Subject:
On-site Disposal of Low-Activity Sludges at Nuclear Plants in North Carolina
Dear Mr. Bangart:
Since 1986, my division has been licensing the on-site landfarming and landfilling of slightly contaminated sludges from waste water holdup and treatment ponds at the McGuire Nuclear Station of the Duke Power Company. We became involved based on a 1984 letter under signature of Thomas M. Novack, NRC, Assistant Director for Licensing, which advised Duke Power Company that jurisdiction over " disposal" (i.e., " incorporation of the [ radiation contaminated]
sludge into the soil and Covering") is not retained by the NRC and is the
" regulatory responsibility of the Agreement States."
In 10 CFR Part 150, there is a provision (10 CFR 150.5) which states:
Except as specifically authorized by the Commission in writing, no interpretation of the meaning of the regulations in this part by an officer or employee of the Commission other than a written interpretation by the General Counsel will be recognized to be binding upon the Commission.
Based on the foregoing, we do not currently have sufficient information to determine whether the 1984 " interpretation" by Mr. Novack represents the official interpretation of the NRC on this issue.
We have recently received a license application from another North Carolina nuclear utility requesting authorization to landfarm sludges with low concentrations of radioactivity. Before consideration of this application or requests for renewal or amendment of the existing license issued to Duke Power Company, we need to resolve any uncertainty regarding the 1984 " interpretation" mentioned above.
Accordingly, the purpose of this letter is to solicit an interpretation from the NRC's Office of General Counsel, clarifying Agreement State jurisdiction, if any, over on-site " disposal" (i.e., landfilling and landfarming) of low activity sludges at nuclear power plants.
I i 0000 ii 950711oo44 950703 PDR ADOCK 05000369 lY3 P
PDR P.O. Box 27687, Raleigh, Nonh Carolina 27611-766/
Telephone 919-571-4141 FAX 919-571-414 An Equal Opportunity Affirmatwo Action Employer 50% recycled /10% post consumer paper
Richard L. Bangart N
July 3,1995 Pcge 2 Please advise me if additionalinformation is needed or if a different protocol is needed for submission of this request for official interpretation.
Your early response to this request will be appreciated.
- - c.-
Sincerely, f
/
a fv> v i
/
/p,
/
Dayne H. Brown t
4 5
s 6
f b
i h
I i
.