ML20134C153

Requests NRC Guidance Re Process to Set Single Set of Decontamination & Decommissioning Criteria for West Valley Demonstration Project & Part 50 Licensed Facilities at Ny Nuclear Svc Ctr

ML20134C153
Person / Time
Site:	West Valley Demonstration Project
Issue date:	08/14/1996
From:	Piciulo P NEW YORK, STATE OF
To:	Paperiello C NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
Shared Package
ML20134C117	List: ML20134C114 ML20134C153
References
NUDOCS 9609250289
Download: ML20134C153 (2)

Text

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President (716) 942-4387 Fax: (716) 942-2148 West Valley Office, P.O. Box 191 West Valley, New York 14171-0191 j l

Aagust 14, 1996 -

Mr. Carl J. Paperiello, Director Office of Nuclear Material Safety and Safeguards Nuclear Regulatory Commission .

Washington, D.C. 20655 1

SUBJECT:

Decontamination and Decommissioning Criteria for the Western New York Nuclear Service Center (Center) and NRC Staff Cooperation with the Citizen Task Force (CTF)? for the 'Sitef The New York State Energy Research and Development Authority (NYSERDA) is writing to request NRC's guidance with regard to processes that could be

- followed to set a single set of decontamination and decommissioning' criteria i for the West Valley ~ Demonstration Project (WVDP) and - the Part ; 50 (licensed 4 facilities at the" Center. NYSERDA is also requesting NRC's' staff' support for a' CTF that is being formed to discuss issues associated with the completion of the WVDP and closure or long-term management of the facilities at the Center.

NYSERDA holds title to the Center on behalf of the state of New York.

The Center was formerly the site of a commercial spent nuclear fuel reprocessing facility, and is now the site of the WVDP, a joint federal and state cleanup ef fort operated by the United States Department of Energy (DOE) .

NYSERDA is also the licensee under an NRC Part 50 license for the facilities at the Center (License No. CSF-1), which is currently being held in abeyance during the term of the WVDP.

DOE and NYSERDA recently released a Draf t Environmental Impact Statement for completion of the WVDP and Closure or Long-Term Management of the Facilities at the Center (DEIS) . NRC is participating in the DEIS process as a cooperating agency for the purpose of setting decontamination and decommissioning criteria for the WVDP. We understand that DOE staff are preparing a letter to , NRC that will propose a plan for setting WVDP decontamination and decommissioning criteria. In previous discussions with NRC staff, NYSERDA has made the point that it is essential, both from a technical and from a legal standpoint, that a single, coordinated set of criteria be developed that will cover the entire Center. NYSERDA understands the complexities of attempting to develop a single set of criteria for a site that is not only governed by both the WVDP Act and a Part 50 license, but which also includes a State-licensed, Low-Level, Radioactive Waste Disposal Area regulated by the New York State Department of Environmental Conservation (NYSDEC), under NRC's Agreement States Program. However, NYSERDA firmly believes that if these ef forts are not fully integrated, any criteria that are fashioned for the Center will fail to address legitimate technicaloconcerns, and will ultimately succumb to legal challenges. lM195RDh , requests H NRCis rguidance< : on+ establishing 'a procedure that will*1neet ~all regulatory ^

1 requirements V and ' allow " MRC" to ~ set ' criteria" for"the't Part" 50~ license

' simultaneously with the criteria ~for the WVDP.NYSERDA would'like'?toimeet with appropriate NRC repiesentativ'es, together with~repres'entatives of DOE and NYSDEC, as soon as possible to formulate a coordinated process.

9609250289 960920 PDR ADOCK 05000201 P PDR ,

, , [

Mr. Carl Paperiello ]

Page 2 l August 14, 1996 l

As NYSERDA staff have previously informed NRC staff, NYSER A willibe-establishing'ai' CTFT with DOE's cooperation, to provide recommendations to the agencies on issues that could impact the completion of the WVDP and closure or long-term management of the facilities at the Center. We believe that l NRC's7 willingness to provide staff % support; to answer questions that CTF members' may have about technicallconcerns; - - regulatory issuesi or other matters, within NRC's regulatory authority and expertise, will be extremely important to its success as the CTF is likely to have many questions about the regulatory requirements and procedures that would be necessary to implement any of_the.plosure or cmanagement alternatives analyzed in the DEIS. lW tEustr i llhtOMRC;staffiwilliparti'cipate*inTthijfdfforti to provide an opportunity for~

, great'er' meaningful public' participation in'the deliberations concerning the future of West Valley.

gesentW' k 5 1 e L ~

aW25tli%trintc"EspiesentativiWEs" Noon ~'as possibleiso that we could attempt to formulate a process to arrive at a coordinated set of decontamination and

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decommissioning criteria for the site in time to present this process to the CTF early on in its deliberations.

I would appreciate it'if'an" Appropriate representative from NkC staff would contact ~ me tregarding NRC staff cooperation with the' CTF'and'poteritial dates for a meetitig to discuss the process of developing a coordinated set of criteria for the Center and the WVDP.

Thank you for your consideration and your prompt attention to this matter.

Sincerely, WEST VALLEY SITE MANAGEMENT PROGRAM TL.&ul Paul L. Pici Program Director

, Ph.D.

i PLP/amw l

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cc: T. J. Rowland (DOE)

H. J. Miller (NRC)

G. C. Comfort (NRC)

P. J. Merges (NYSDEC) o PLP/96AMWO84.clg

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