ML20134D800

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Informs That Based on Review of 960913 & 1024 Requests to Postpone Decommissioning of CaF2 Accumulation Area,Nmss Cannot Grant Request Because R Reda Has Not Adequately Justified Such Delay IAW NRC Requirements in 10CFR70.38(f)
ML20134D800
Person / Time
Site: 07001113
Issue date: 01/23/1997
From: Weber M
NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
To: Reda R
GENERAL ELECTRIC CO.
References
TAC-L30906, NUDOCS 9702050377
Download: ML20134D800 (3)


Text

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, ,s j NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555 400) y,,, January 23, 1997 l

Dr. Ralph J. Reda Manager, Fuels and Facility Licensing General Electric Company P.O. Box 780, MC J26 Wilmington, NC 28402

SUBJECT:

POSTPONEMENT OF FREE RELEASE OF CaF ACCUMULATION AREA ADJACENT TO PROCESSLAGOONSYSTEM(TACNO.L309b6)

Dear Dr. Reda:

The Fuel Cycle Licensing Branch staff has completed its review of your September 13 and October 24, 1996, requests to pos.tpone decommissioning of the

. Car, accumulation area, adjacent to the process lagoon system. You supported th/ requests by stating the area is adjacent to an operating lagoon system and by implication could become recontaminated.

Based on our review, we cannot grant your request for delay because you have

, not adequately justified such delay in accordance with NRC requirements in  !

10 CFR 70.38(f). An adequate justification would have demonstrated that the l delay is in the public interest by addressing factors described in the Decommissioning Timeliness rule (59 FR 36030] and other relevant factors such as those listed in S 70.38(1). These factors include: (1) record of regulatory compliance; (2) maintenance and monitoring of the area; (3) ,

decommissioning financial assurance for the area; (4) plans for resuming operations of the area; (5) availability of waste disposal facilities; (6) reducticn in dose or waste volume due to radioactive decay; (7) technical feasibility of decomissioning; (8) regulatory requirements of other government agencies; (9) lawsuits; (10) groundwater treatment and restoration activities; or (11) other factors that demonstrate a clear public interest in  !

delaying decommissioning, such as prompt decommissixing could result in more environmental harm than deferred decommissioning.

Your indication that the area may be recontaminated does not provide this demonstration.

Accordingly, within 60 days from the date of this letter, submit a request for delay of decommissioning or an alternative schedule for decommissioning that addresses the relevant factors listed in 10 CFR 70.38(i), or provide a decommissioning plan for the area within 12 months of your notification (i.e.,

no later than September 13, 1997.)

gogy NRCIRE W W /o 9702050377 970123 3

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Dr. Ralph J. Reda 2 Please reference the above TAC No. on future correspondence related to this matter. If you have any questions, regarding this matter, please contact Mike Lamastra of my staff at (301) 415-8139.

Sincerely, Original signed by: Madams for Michael F. Weber, Chief Licensing Branch Division of Fuel Cycle Safety and Safeguards, NMSS Docket 70-1113 License SNM-1097 i

1 DISTRIBUTION: (Control No. 400D) ,

Docket 70-1113 PUBLIC NRC' File Center Region II '

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4 Dr. Ralph J. Reda 2 Please reference the above TAC No. on future correspondence related to this matter. If you have any questions regarding this matter, please contact l Mike Lamastra.of my staff at (301) 415-8139. l Sincerely, hfil/ A$ill. 0 t' Ih' '

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Michael F. Weber, Chief Licensing Branch Division of Fuel Cycle Safety and Safeguards, NMSS Docket 70-1113 License SNM-1097 i