ML20126J097
| ML20126J097 | |
| Person / Time | |
|---|---|
| Issue date: | 06/12/1980 |
| From: | Klucsik J NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Rendig J NRC OFFICE OF STATE PROGRAMS (OSP) |
| Shared Package | |
| ML19211B053 | List:
|
| References | |
| FOIA-81-8 NUDOCS 8104230637 | |
| Download: ML20126J097 (3) | |
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MEMORANDUM FOR: John Kendig. State Agreements Programs FP.0M:
John F. Klucsik, Attorney, Office of the Executive Legal l
Di rector n ; *i '
SUBJECT:
. AGREEMENT STATE AUTliORITY REVIEW - NEW MEXICO i
As a result of the review of New Mexico's Environmental Improvement Act il 12-12-1 through 12-12-13 The Radiation Protection Act li 12-9-1 through 12-9-12, and The Radiation Improvement Division's Radiation Protection Regulations (April 21,1980), several concerns have been raised. These concerns relate to compliance with the requirements of i 274o of the Atomic Energy Act of 1954 for Agreenent States.
6 27Ao(3)(Al(iii) Written Determination UMTRCA requires state procedures regarding licenses to include a written determination based upon findings and evidence.
State regulation 3-312(J) provides that parties requesting notice of a decision be notified. It does not require that the decision be rendered in writing as required by UMTRCA. When read. together with State regulation 1-201(I), however, the UMTRCA requirement may be satisfied. Section1-201(!)l, provides that any action taken in a hearing be by written order where the Director believes a person is violating or threatens to violate a regulation or license condition pursuant to an NRC agreement. If 1-201 applies to all license determinations, the UMTRCA requirement of a written determinaticn would be met. If State regulation 1-201 does not apply to all license determinations, including those relating to new applications, the UMTRCA written determination requirement would appear not to be fully satisfied.
i 27&o(3)(A)(iii) Judicial Review UMTRCA requires State procedures whereby license determinations are subject to judicial review.
Neither State statutes nor State radiation regulations reviewed provide that decisions of the Director of the Environmental Improvement Division regard-ing licenses are subject to judicial review.
Q274o(3)(c) Environmental impact Anelvsis
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UMTRCA recuires a written environmental impact analysis which is to include several specific considerations. Among them are waterway and groundwater 8104230607f 6
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John Kendig impacts, site and engineering method alternatives and long term impacts including those of decommissioning, decontamination, and reclamation.
State regulation 3-200(H) requires that specified license applications be accompanied by an environmental report which addresses the short tem and long term environmental, radiological, and public health and safety aspects and alternatives as:nciated with proposed license activity. The State regulations reviewed do nuc specifically require watenvay or groundwater impacts to be considered as among environmental aspects of the report. It does not appear that the State regulations meet the UMTRCA requirements in this regard.
Similarly, although the State regulation requires consideration of long term impacts it does not specifically require consideration of decommissioning, decontamination, and reclamation. It therefore appears that the State regulations do not meet the UMTRCA requirements in this regard.
2740 Long Tem Care Funds Transfer UMTRCA provides that if the State has a long tem care fund financed by license deposits, and if the transfer of land to the U.S. is required, the agreement must provide that funds paid by the licensee to the State will be transferred to the U.S.
In addition to the agreement so providing, the State treasurer must be authorized to make such a transfer.
The State does have a long tem continued care fund, i 12-0-5.1C N.M.S.A.,
and it may be necessary to transfer land to the U.S.
The State statutes reviewed do not provide the authority to make the required funds transfer to the U.S.
Use of the fund is authori:ed, however, to remedy or prevent harmful situations involving abardoned wastes or inoperttive facilities, i 12-9-5.2 N.M.S.A.
Although this general authority might be sufficient to allow payments to the U.S. for authorized purposes, clear and specific statutory authority to make such transfers would be preferable.
In some instances, an adequate indication of the ability to comply with the UMTRCA requirements might be provided by State statutory provisions or I
internal procedures of the Environmental Improvement Agency not brought to light in the course of this review.
In other instances, an opinion of the State Attorney General may be necessary to resolve the concerns with respect i
to State regulation. Only with regard to the authority to make continued care fund transfers to the U.S. does there appear to be a need for addi-I tional statutory authority. Where existing State statutes, regulations or l
internal procedures address the above concerns, citation to and a copy of same should be provided.
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dohnF.Kluscik, Attorney jOfficeoftheExecutiveLegalDirector cc: See page 3
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J John Kend19 cc: Guy H. Cunningham i
R. L. Fonner Wayne Kerr Frank Young 1
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MEMORANDUM FOR:' Douglas Sly, I&E
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Ross Scarano, NMSS FROM:
G. Wayne Kerr, Assistant Director l
for State Agreements Program i
Office of State Programs
SUBJECT:
, UNC, CHURCH ROCK TAILING DAM BREAK
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Attached is a report we just received on New Mexico's Sampling Program l
to detennine the Environmental mpact of the UNC mill tailings spill.
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G. Wayne Kerr, Assistant Director for State Agreements Program Office of State Programs
Attachment:
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I Status Report on Sampling Program to Determine the Environmental Impact of the United Nuclear Corporation Mill Tailings Spill New Mexico Health and Environment Department Environmental I,rprovement Division vD
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MEMORANDlM FOR:
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.(UNC Tall.ING DAM BREAr NEW MEXICO s..
. ~..._c ched is a packet of infomation and envirorsnental data we received ' i"\\
b fra New Mexi regarding the tailing dam failure at UNC Church Rock.'
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MB40RANDUM FOR: Doug Sly, IE Ross Scarano, NMSS s-FR(M:
G. Wayne Kerr, OSP
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SUBJECT:
UNC Church Rock Dam Failure J
Attach is infonnation regarding the above subject that we received from New Mexico today.
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Enclosures:
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,-a GTATE OF TIEW T.i:UUCO G.eorge 5. Geldstein, Ph.D.
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P.O. Box 968, Santa Fe, fJew !.Sico 37503 Lo"Y l Go'6n, M.S.. M P.H.
- E?s ONMENT (50s) 827 5271 OdV'Y SECRETARY
] ] 2,:.v.me Thomas E. 83ca. M.P.H.. Director e
September 20, 1979 FOR IOiEDIATE FELEASE
Contact:
Dcug Barber 827-5271 Ext. 260 SA!*TA FE --- The Health and Environment Department'c Environmental Improvement Division announced today that arrangemcnts have been made throu,h the U.S. :'oclear Regulatory Corraission (NT.C) with EG&G in Las c
Vegas, Nevada to fly over the Rio Puerco of the west the end of next week to do an aerial sursey of the river. This survey is to detcrmine areas of radiological contamination that may have resuitcd from the spill at United Nuclear Churchrock tai 1Jngs dam, The cc.cpany (EC&G) is a private ccrpany that does a great deal of work for the U.S. Dcpartment of Energy (1.0 :) and inter.ds to t.se a large Boeing helicopter, equipped with 20, 5 x 2 In. sodium iodide crystals in fibreglass pods. These crystals are high volu.,e highly sensitive Jetectors, used frequently in searching for radioactivity in ganza ray detection.
A plan to fly the river ccur3e at approxiestely 100 ft. altitude at a relatively slow speed will recul t in either an scrial photo or esp with a scale rap indicating pinpointed areas, if any, of gamma ray detection.
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FOR IK4EDIATE RELEASE September 20, 1979 AD - 1 3
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A spokesman froct EG&G stated the capability of radiation detection at 150 ft. altitude at up to 60 knots using this.aethod of detection.
He further stated they (EG&G) had had an amazingly high correlation with ground level hand held instruments in areas of natural ' background Je Icvc1s.
The benefit of this method is a capacity to cover a large area of ground and pinpoint areas of contamination en a short period of time.
The flight will take place from the areas of the spill to the I
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state line (Ariz6na-!ew !exico).
It is possibic they will' fly the river into Arizona if data indicates the need.
EG&G is well experienced in this type of survey as they have done l
a great number of curveys of this type, and they state that this is not a "special" survey for them.
A letter report to NRC is expected within a f ew weeks of the flight.
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MEMORANDtN FOR: Doug Sly, I4B Ross Scarano, WSS 2
FRON:
- G. Wayne Kerr,' Assistant Director
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for State Agreements Program, SP
SUBJECT:
URANIIN TAILINGS DAM SPILL, UNC CHURCH ROCK, MEN MEXICO Attached for your information are copies of correspondence dealing with the above subject, dated September 13, 13, 14, 24 and 25, 1979, just received from the State of New Mexico.
G. Wayne Kerr, Assistant Director for State Agreements Prograa
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Office of State Programs
Enclosure:
As stated 9
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