ML20126J178
| ML20126J178 | |
| Person / Time | |
|---|---|
| Issue date: | 10/15/1979 |
| From: | Scarano R NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | |
| Shared Package | |
| ML19211B053 | List:
|
| References | |
| FOIA-81-8, REF-WM-28 PNO-791015, NUDOCS 8104230775 | |
| Download: ML20126J178 (2) | |
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PRFLIMINARY NOTirlCAT10N October 15, 1979
~ REl.lMINARY NOTITICATION Of LVENI UR UNUSUAL UCCllRRFNCE P
lhis,p,r,e,limignar, notification constitutvs LARLY notice _nf_, eve,nt,,of POSSIBLE lafety or_,public Interest c19tn t icance.
Iha in_f.ormy lon yresentoa is as y
1 tirt GT1 y reev i ve.! w i t h out ve ri f i c at i on or,,,ey,a,1 uat.i.o,n a nd Ts-ba s i ca l l y a l l y
tirat is known by f*55 staff on tnis date.
Facility: United Nuclear Church Rock Uranium Mill Church Rock, New Mexico i
.. y 5ubject:
Order lu Unlled Nuclear fu Not Generate Additional Byproduct l
Material (Tailings) At its Church Rock Vranium Mill Until Natified j
By The NRC.
Discussion
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5 Over the past few monthr., NRC has been performing full evaluations of bulb l
the geotechnical and contamination cleanup aspects of the tallings impoundment,
' j failure at the United Nucicar Church Rock Uranium Mil 1.
Up to this point-i in tinw. NRC has not chosun Lo, issue orders to the mill operator concerning operation nf the mill or regarding cleanup operations.
It was NRC's intention l
not to dnnlicate orders issued by the State.
Howcyce, during the course of numerous telephone conifrsations with var 4ous officials of the State of New l
Mexico and of United Nuclear Corporation on October 12, 1979, the Nuclear Regulatory Cormnissinn (NRC) received varying and inconsistent reports as to
-whether immediate resumption of cperation of the Church Rock Mill was contemplated.
I Thu NRC is presently unable to conclude that the operation of the mill (and consequently discharge of tallings) could bv. conducted with ransonable assurance of proLuction t'or the public health and safety.
Action
' the NRC staf f issued an order un the uvening of Oct*nber 12,1919, to the
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offect that United Nuclear shall not gunwrote additlunal byproduct material l
(tailings) at its Church Rock Mill until :,uch Line as the Director of Waste Management, Office nf Nuclear Material Safety and Safeguards (NMSS) makes, and confirms in writing, a conclusion that the embankment is stablu, thereby, assuring containment of the uranium tailings.
l Thu staff has nullfied the fullcwing of the situation at Church Rock:
- Office of Inspection and Fnforcement (l&E), Region IV and Headquarters
- Office of Congressional Affairs (CA)
- New Mexico Fnvironmental improvement Division
- New Mexico Governor's Of fico
- Environmental Protection, Agency (LPA), Ruglon VI, Dallas, renas
. contains a copy of the order.
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- The NRC staff will comple'.e its analysis of the tailings impoundment as soon as, pussible, and the Director of Waste Management. Office of Nuclear Material Safety and 54fuguards (NMSS) will subsequently make the determination it the eshankment is stable, thuruby, assuring containment of the uranium tailings.
Contact:
R.A. Scarano WH/NM55 x/4103 Distribution:
t ransudtivd !! $t. 5-'OSpq Chainnan Hundriv Commissioner Bradford S. J. Chilk. SECY Commissioner Gillnsky Connissioner Ahcarne C. C. Xammerer, CA Conni:5ioner Xennedy (1 or Ulstribution)
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'Tre'nt.utitted : HNRR O.n P. Building EW L. V. Gossick, LD0,l72 li. R. Denton. NRR V. Stello. I&E R. G. Smith, EDO J. J. Fouchard, PA S5 Builoing ( iJ II" (hail)
N..M. Haller. MPA W. J. Dircks', NM N J. J. Cuninings, 01A R. G. Ryan, SP R. Minogue, SD H. K. Shapor, CLD PREl.IMINARY NOTIFICATION e
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TELKRAPHic MESSAGE A.,. o, A Cy Cs0e,a ssCumn CtAswicArc r
i US NUCLEAR REGULATORY COMMISSION l
.**a'RXXXXX UNCLASSIFIED
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t mere===fseo CLA&&dPtCATIO,e Dart PeepasE0 TY99 CP mt& SAG 4 10/12/79 Poe IP.POAMATION CALL
"*"' ROSS A SCARANO 7427"d103
- fan A00=ss THl3 SPACE FOR U58 09 COMMUNICATION UNIT w
f MESSAGE TO ti itAN5 Miffed f Uw damede imenen sad all wanst Immi To:
MR. D. D. TUBERVILLE I
i E-4801 INDIAN SCHOOL ROAD, N.E.
ALBUQUERQUE, NEW MEXICO 87110 i
HONORABLE I
f to; xWRx BRUCE KING, GOVERNOR ATTN: MR. BILL GIRON i
STATE CAPITOL BLDG SANTA FE, NEW MEXICO 87503 l
Transmit attached document.
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$1 A809AaB 70 eat le 64-102 90vt340 august 1967 U.& Govtessasset feestNs0 Copect i 974 0 - 107 323 f
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4 UNITED STATES OF AMERICA
-NUCLEAR REGULATORY COMMISSION l
In the Matter of I
United fluclear Corporation 1
(Churqh Rock Uranium Mill)
ORDER CONDITIONING LICENSE I
United Nuclear Corporation (Licensee), owner-operator of the Church Rock
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Uranium Mill holds a general license under 10 CFR 5 40.26 from the Nuclear Regulatory Commission for the receipt of title to, ownership of, or possession of byproduct material (uranium mill tailings) as defined in 5 lle.(2) of the Atomic Energy Act of 1954, as amended by the Uranium Mill Tailings Radiation Control Act of 1978. This general license is issued pursuant to all the conditions in 10 CFR S 40.26, including i 40.26(c)(2), which provides that the general license e
is subject to "...any additional requirements the Commission may by order deem necessary." Although the Church Rock Uranium Mill also holds a specific license from the State df New Mexico pursuant to the State's agreement with the Nuclear Regulatory Comission under 5 274 of. the Atomic Energy Act of 1954, the Uranium Mill Tailings Radiation Control Act of 1978 requires that the NRC assume authority over uranium mill tailings in non-Agreement and Agreement States. See 44 TR 47192 (1979)
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" Implementation of the Uranium Mill Tailings Radiation Control Act of 1978."
E Ori July 16, 1979, a breach occurred in,the United Nuclear Corporation's Church Rock Uranium Mill Tailings Dain releasing to the environment about 100 million gallons of acidic tailings solution and 11 hundred tons of tailings solids. Subsequent evaluations of the probable cause of this accident indicate a large differential settle-ment of the dam causing cracking to occur.
Internal erosion then occurred through the cracks with subsequent breaching of the dam. The NRC believes that a full evaluation of the remaining portions of the embankment for similar deficiencies is required before operations resume to assure there will not be a recurrence of this failure and the associated potential public health and environmental impacts.
f To perform this evaluation several requests for information were transmitted to j
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the State with copies to the Licensee. Sufficient' data to complete this l
evaluation has not yet been received. A list of the re u red information has been transinitted to the State and United Nuclear Corporation, During the course of numerous telephone conversations with various officials of the ' tate of New Mexico and of United Nuclear Corporation on October 12, 1979, S
the Nuclear Regulatory Commis? ion received varying and inconsistent reports as to whether imediate resumptimi of operation of the Church Rock Mill was contemplated. The NRC is presently unable to conclude that operation of the milt (and consequent discharge of tailings) could be conducted with reasonable assurance of protection for the public health and safety.
III Accordingly, pursuant to the Atomic Energy Act of 1954, as amended, and the Commission's Rules and Regulations in 10 CFR Parts 2 and 40, IT IS HEREBY ORDERED THAT United Nuclear Corporation's use of the general license set forth in 10 CFR 40.26. be conditioned as follows: United Nuclear shall not generate additional byproduct material (tailings) at its Church Rock Mill until such time as the Director of Waste Management, Office of Nuclear Materials Safety and Safeguards makes, and confirms in writing, a conclusion that the embankment is stable, thereby assuring containment of the uranium tailings.
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In light of the factor,s discussed in Part II, above, the Director of Waste
!!anagement has determined that the public health, safety or interest require that.this action be effective immediately.
The Licensee or any interested person may (within twenty days of the date of this Order) file a request for a heiring with respect to all or any part of the condition imposed by this Order.
In the event a hearing is requested, the issues to be considered at such hearing shall be:
(1) Whether the facts set forth in Part II of this Order are true.
(2) Whether this Order shall be sustained.
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Any request for a hearing-will not stay the imediate effectiveness of this'Ofder.
FOR THE NUCLEAR REGULATORY COMMISSION J
John B, Martin, Director Division of Waste Management Office'of Nuclear Material Safety and Safeguards Dated at Silver Spring, Maryland, this 12th day of October, 1979, h
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