ML20125E649

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Advises That NRC Has No Present Regulatory Role Re Residual Radioactive Matl Left in Place on Vicinity Properties.Doe Should Document Land Owner Refusal to Allow Cleanup of Residual Radioactive Matl
ML20125E649
Person / Time
Issue date: 12/10/1992
From: Surmeier J
NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
To: Chernoff A
ENERGY, DEPT. OF
References
REF-WM-39 NUDOCS 9212170167
Download: ML20125E649 (1)


Text

.

j Mr. Albert R. Chernof f,' Project Manager DEC y 9 pc.,

Uranium Mill Tailings Remedial Action

~

, Project Office I

U.S. Department of Energy 1

Albyquerque Operations Office 1

P.O. Box 5400 i

Albuquerque, New Mexico 87115

Dear Mr. Chernoff:

)

We have recently evaluated the responsibilities of the Nuclear Regulatory Commission under the Uranium Mill Tailings Radiation Control Act of 1978 (UMTRCA) in regard to residual radioactive material (RRM) left in place on a

vicinity properties because of landowner refusal to allow cleanup of contaminated material. At the recent NRC/ Department of Energy (DOE) management meeting with you and your staff, a question was asked as to the regulatory position of NRC on this RR'4 material and what the appropriate NRC activity would be if this material were to be disturbed during some future action.

-l Based on discussions with legal counsel, it was determined that.HRC has no 4

present regulitory role in regard to this material. However, if at a later date a question is raised with NRC about such material,.the health and safety 4

consequences of pt tential exposure to the public would have to be evaluated at t

that time. We bel eve it would be prudent for DOE to document landowner refusal to allow cieanup of RRM material and understand that you do so.

The appropriate state organization should be made aware of the RRM material to be left in place, and landowners who elect not to participate in the vicinity property cleanup program soould be made aware of the potential for NRC or Agreement State regulatory action in the future, if a-problem develops, if you have any questions regarding these comments please feel free to contact me at FTS 8-301-504-3439, or Allan Mullins of my staff at FIS 8-301-504-2578.

Sincerely, ORG!AL SiOWD BY John J. Surmeier, Chief Uranium Recovery Branch Divisien of_ Low-Level Waste Management and Decommissioning 4

Office of Nuclear Materiai Safety snd Safeguards Distribution:

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Proprietary or CF Only

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SUBJECT ABSTRACT: NRC WSPONSIBILITIES OR RRM IN VidPdOPERTIES.....

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