ML20128E644

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Us NRC Fonsi & Notice of Opportunity for Hearing on Termination of Special Nuclear Matl,Cimarron Corp Mixed Oxide Facility Crescent,Ok
ML20128E644
Person / Time
Site: 07001193
Issue date: 02/05/1993
From: Cunningham R
NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
To:
Shared Package
ML20128E579 List:
References
NUDOCS 9302100533
Download: ML20128E644 (7)


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7590-01 U.S. NUCLEAR REGULATORY COMMISSION FINDING 0F NO SIGNIFICANT IMPACT AND NOTICE OF OPPORTUNITY FOR HEARING TERMINATION OF SPECIAL NUCLEAR _ MATERIAL ,

LICENSE NO. SNM-1174' CIMARR0N CORPORATION  :

MIXED OX1DE FACILITY CRESCENT, OKLAHOMA DOCKET NO. 70-1193 The Nuclear Regulatory Commission (NRC) has considered the termination of Special Nuclear Material License No. SNM-ll74 for Cimarron Corporation's Mixed Oxide facility located near Crescent, Oklahoma.

SUMMARY

OF THE ENVIRONMENTAL ASSESSMENT

_ Identification of the Proposed Action: The Cimmarron Corporation Plant (Cimarron) near Crescent, Oklahoma, was operated by Kerr-McGee Corporation for the manufacture of slightly enriched uranium and mixed oxide (uranium'and plutonium) reactor fuels. Two major facilities, licensed as two distinct facilities by the NRC, are located at the Cimarron site:- the Mixed 0xide Fuel Fabrication Plant (Mixed Oxide Facility) and the Uranium Plant. This proposed termination deals exclusively with the Mixed 0xide Facility License. _ The proposed' action is to release the Mixed Oxide facility and surrounding grounds .

for unrestricted use. Surrounding grounds in _this instance is' limited to the-fenced area (security fence) that surrounds the Mixed Oxide Facility.

Need for the Pronosed Action: The Mixed Oxide' Faciltty.. formerly referred'to as the Cimarron Plutonium Facility, was operated from. April 1970 to December 1975 for the manufacture of mixed oxide reactor fuel. Since ceasing-operations, the licensee has removed equipment from the facility.

decontaminated the building and surrounding soils, and requested termination of the license to allow unrestricted use of _ the facility that._former_ly. housed 9302100533 930205 DR 'ADOCK0700g3

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the plutonium fuel fabrication operation and of the area within the former security fence for the plutonium facility. There are no plan > to conduct future NRC-licensed activities in the Mixed 0xide Facility.

Environmental _Imotcts of the Proposed Action: There will be minimal-environmental impact associated with this proposed action. The interior and exterior of the decontaminated Mixed Oxide-Facility and the surrounding grounds have been surveyed by the applicant and the NRC's contractor (Oak Ridge Associated Universities). These surveys examined the concer.. ration of relevant nuclides in the soil, the gamma dose rate from the soil, and the contamination levels on interior and exterior surfaces. These results show:

(1) There is no evidence of any plutonium contamination of the groundwater.

(2) There is limited contamination of the surrounding soils. The average uranium content of the exterior soils is two to three times background levels but about two orders of magnitude below NRC soil guidelines for disposition of contaminated soils with no restrictions. The average plutonium content of _the exterior soils is indistinguishable from background and over two. orders of magnitude below NRC soil guidelines for disposition of contaminated soil with no restrictions.- Two soil-samples showed americium contents that were above background but about one order of magnitude below NRC soil guidnlines for disposition of contaminated soil with no restrictions. The average gamma dose rate at 1 meter above the soils.is indistinguishable from background.

(3) The surface contamination levels of plant interior and exterior surfaces are, on the average, three orders ~of magnitude below NRC decontamination guidelines.

Conclusio.n: Based on the data provided by Cimarron Corporation along with'the results of confirmatory measurements provided by an NRC contractor _ (0ak Ridge Associated Universities),_the Mixed Oxide Facility and associated grounds have been decontaminated and decommissioned below guidelines required for unrestricted use by the NRC. It is NRC's judgment that the applied guidelines adequately protect the public health and safety, and the environment.

.* 3 Therefore, the NRC finds that there will be no significant environmental impact, or adverse effect on human health or safety, by the proposed action to termi.iate t.icense No. SNM-ll74 for the Mixed Oxide Facility at Crescent, Oklahoma.

Alternatives.to the proposed Action: Alternatives to the present termination of the Mixed Oxide Facility license include: (1) no further actions (i.e.,

license the facility indefinitely without further changes to the site);

(2) requiring further cleanup of the Mixed 0xide Facility and related grounds before final termination; or (3) delaying termination of the Mixed 0xide facility license until the Uranium facility license (License No. SNM-928) is also ready for termination.

The first alternative of no further actions related to the Mixed Oxide facility causes a loss of resources and is an unnecessary burden on both the licensed company and the government. Requiring licensing of a site which meets NRC cleanup guidelines in perpetuity means that the land and associated constructs would sit without further use instead of allowing the land to be used for alternative business (e.g., warehouse) or other use. At the same time, costs for licensing continue for both the company holding the license (through license fees, security, and site monitoring) and the government '

(overseeing the license and inspections). Since the land and associated constructs have met NRC unrestricted use guidelines, this alternative would not improve public health and safety.

The second alternative to the proposed action calls for further cleanup of the Mixed Oxide Facility before final termination. Since the site has already been decommissioned to NRC guidelines, and in many places, background radiation levels, unless new data is presented showing a significant safety increase with lower criteria, this alternative would put an unnecessary burden on the licensed company, and at the same time, could also unnecessarily set a precedence for more restrictive release criteria for all NRC licensees.

Without new supporting data, this alternative would only cost the licensed company additional money without adding significant benefit to the health and safety of the public and is therefore not necessary.

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The third alternative would be to keep the Mixed 0xide Facility under license until the Uranium Facility license is ready for termination, and then terminate both licenses sirnultaneously. This alternative does have some merit because the Mixed Oxide Facility and associated grounds are completely within the perimeter of the Uranium Facility licensed grounds therefore leading to a potential for cross-contamination. However, remediation of any cross-contamination would be required under the Uranium facility license prior to its termination, if the proposed action is accepted. This last alternative places an unnecessary regulatory burden on the licensee to continue holding a license on a facility and grounds for which any future contamination would be a result of cross-contamination from a second licensed facility. As such, remediation of the cross-contamination would be the responsibility of the second license, leaving little reason to require the licensee to hold a license on an otherwise clean facility. Therefore, delayed tercir.ation of the Mixed 0xide Facility license would render no benefit to the health and safety of the public.

Because none of the discussed alternatives leads to a significant increase in the protection of the health and safety of the public over the proposed action, and the proposed action makes no significant impact on the environment, the NRC finds that the Mixed 0xide Facility license (License No. SNM-ll74) should t'e terminated.

agencies and Persons Consulted: The NRC staff has consulted with the Oklahoma State Department of Health, the agency responsible for radiological safety issues in the state of Oklahoma. Oak Ridge Associated Universities has provided support to the NRC on topics related to the validation of Kerr-McGee's radiological survey rnethods, findina of No Stanificant imoact: The NRC staff has prepared an Environmental Assessment for the proposed amendment of Special Nuclear Material License No.

SNM-ll74. On the basis of this assessment, the NRC staff has concluded that the environmental impacts that could be caused by the proposed action would not be significant and do not warrant the preparation of an Enviromental impact Statement.

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The Environmental Assessment and other documents related to this proposed action are available for public inspection and copying at the NRC Public Document Room, in the Gelman Building, 2120 L Street NW., Washington, DC.

Copies of the Environmental Assessment can be obtained by calling (301) 504-2605 or by wr', ing to the fuel Cycle Safety Branch, Division of Industrial and Medical Nuclear Safety, U.S. Nuclear Regulatory Commission, Washington, DC 20555.

OPPORTUNITY FOR A HEARif(G The Commission hereby provides notice that this is a proceeding on an application for a licensing action f alling within the scope of Subpart L,

" Informal Hearing Procedures for Adjudications in Materials Licensing Proceedings, of the Commission's Rules of Practice for Domestic Licensing Proceedings in 10 CFR Part 2" (54 FR 8269). Pursuant to 5 2.1205(a), any person whost 'nterest may be affected by this proceeding may file a request for a hearing. In accordance with 6 2.1205(c), a request for a hearing must be filed within thirty (30) days from the date of publication of this FEDERAL REGISTER notice. The request for a hearing must be filed with the Office of the Secretary either:

(1) By delivery to the Docketing and Service Branch of the Office of the Secretary at One White Flint North,11555 Rockville Pike, Rockville. HD 20852; or (2) By mail or telegram addressed to the Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555, Attention: Docketing and Service Branch.

In addition to meeting other applicable requirements of 10 CFR Part 2 of the Commission's regulations, a request for a hearing filed by a person other than an applicant must describe in detail:

(1) The interest of the requestor in the proceeding; (2) How that interest may be affected by the resul' of the proceeding, including the reasons why the requestor should be permitted a hearing, with particular reference to the factors set cut in S 2.1205(g); (3) The requestor's areas of concern about the licensing activity that is the subject matter of the proceeding; and (4) The circumstances establishing that the request for a hearing is timely in accordance with 6 2.1205(c).

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" 6 Each request for a hearing must also be served, by delivering it personally or by mail to:

(1) The licensee Cimarron Corporation, P.O. Box 25861, Kerr-McGee Center, Oklahoma City, OK 73124; (2) The f4RC staff, by delivery to the Executive Director for Operations, One White flint North, 11555 Rockville Pike, Rockville, MD 20852, or by mail addressed to the Executive Director for Operations U.S. Nuclear Regulatory Commission, Washington, DC. 20555. Any hearing that is requested and granted will be held in accordance with the Commission's Informal Hearing Procedures for Adjudications in Materials Licensing Proceedings in 10 CFR Part 2, _

Subpart L.

Dated at Rockville, Maryland, this fM day of February 1993.

FOR THE NUCLEAR REGULATORY COMMMir 3N f

Richard E. Cunningham, Director

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Division of Industrial and Medical Nuclear Safety Office of Nuc1 car Material Safety and Safeguards

t se o j f_ i Each request for a hearing must also be served, by delivering it l personally or by mail to:  !

(1) The licensee, Cimarron Corporation, P.O. Box 25861, Kerr-McGee Center, Oklahoma City, OK 73124; I (2) The NRC staff, by delivery to the Executive Director for Operations, One White Flint North, 11555 Rockville Pike, Rockville, MD 20852, or by mail  ;

addressed to the Executive Director for Operations, U.S. Nuclear Regulatory l Commission, Washington, DC. 20555. Any hearing that is requested and granted will be held in accordance with the Commission's Informal Hearing Procedures for Adjudications in Materials Licensing Proceedings in 10 CFR Part 2, Subpart L.

Dated at Rockville, Maryland, this 5th day of February 1993.

FOR THE NUCLEAR REGULATORY COMMMISSION ORIGINAL SIGNED BY Richard E. Cunningham, Director Division of Industrial and Medical Nuclear Safety .

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