ML20137E932
| ML20137E932 | |
| Person / Time | |
|---|---|
| Site: | Nine Mile Point  |
| Issue date: | 09/22/1984 |
| From: | STONE & WEBSTER ENGINEERING CORP. |
| To: | NIAGARA MOHAWK POWER CORP. |
| Shared Package | |
| ML17055A964 | List:
|
| References | |
| 12177-ESK-7HVC1, NUDOCS 8601170355 | |
| Download: ML20137E932 (1) | |
Text
.
UNITED STATES NUCLEAR REGULATORY COMMISSION In the Matter of
)
)
METCOA, INC., fdba
)
Docket No. 040-08f06 The Pesses Company
)
License No. ST8-1254 1127 Euclid Avenue
)
EA 85-122 Cleveland, OH 44115 ORDER MODIFYING LICENSE (EFFECTIVE IMMEDIATELY)
I METC0A, Inc., fdba as the Pesses Company (the licensee) is the holder of source material License No. ST8-1254, which authorizes the licensee to possess a maximum of 2,000 kilograms of thorium and to metallurgically treat and/or reprocess scrap thorium alloy containing not more than 2% tuorium by weight for distribution to authorized recipients.
The license was issued on September 23, 1975 with an expiration date of September 30, 1980. The license has remained in effect based on a timely renewal request by the licensee in 1980. The license permits use of material at the licensee's facility at Route 551 and Metallurgical Way, Pulaski, Pennsylvania.
1 II On September 21, 1984, an NRC inspector was sent to the licensee's facilities in 4
Pulaski, Pennsylvania to conduct a routine NRC inspection of licensed activities.
Upon arrival at the facility, the NRC inspector observed that the property appeared to have been abandoned.
The inspector performed radiation surveys of the perimeter of the fenced area of the property, did not observe any radiation levels above instrument background, and left the site.
8601270355 060122 PDR ADOCK 04008406 C
n Subsequently, the inspector telephonically contacted Dr. Marvin Pesses, the individual listed on the license application as President of the Company, who stated that he was no longer associated with the Pesses Company, that the company was in bankruptcy proceedings, and that licensed material had not been used within the previous year.
The NRC has been informed that Pesses Company had, at some time prior to 1983, merged with METC0A Inc., retained the name METCOA Inc., conducted licensed activities under that name, and that METCOA Inc. had entered bankruptcy proceedings in mid-1983.
The NRC was never notified of these events by the licensee.
During a December 1984 NRC inspection, the inspector performed surveys at selected areas both within and outside of the site boundaries.
The inspector identified (1) several contaminated areas within the fenced area of the site boundary with radiation levels between 0.04 and 0.6 mrem / hour, (2) one contaminated area outside the fenced area but within the site boundary with a radiation level of 2 mrem / hour, and (3) two contaminated areas within one of the buildings on the property with radiation levels of 0.04 mrem / hour and a 0.1 mrem / hour. No contaminated areas were identified outside the site boundary. The inspector also determined that a large volume of contaminated material, equivalent to approximately 300 drums, was located within the fenced area of the site boundary and that the gates to fences and doors to the buildings were locked.
1 On October 9,1985, another inspection of the facility was performed and the inspector found the facility to be in essentially the same condition that existed during the December 1984 inspection.
i III i
10 CFR 40.42 requires each licensee to notify the Commission immediately in writing and request termination of the license when the licensee decides to terminate all activities involving materials authorized under the license. A licensee is required by 10 CFR 40.42 to maintain access control over licensed material until radioactive contamination attributable to licesget oc)09 ties is removed and the NRC terminates the license in writing. The hR; he:
determined that (1) the licensee and/or its legal successor in interest abandoned the licensed facility during or before 1983, (2) licensed material authorized by the license is no longer in the possession of the licensee and/or
~ ~
its. legal successor in interest, (3) radiation levels resulting from contamination at several locations on the site are in excess of regulatory limits for release for unrestricted use, and (4) the licensee never notified the NRC or requested termination of its license in accordance with 10 CFR 40.42. As a result, there is no reasonable assurance that sufficient measures are in place (1) to prevent the unauthorized transfer of licensed material to unauthorized individuals, (2) prevent the unauthorized access of individuals to contaminated areas, or (3) to decontaminate and decommission the facility.
In light of the above and in light of the apparent willfulness of the violations, I have determined that the public health and safety requires that this Order be issued and made immediately effective.
w k
. IV 1
Accordingly, pursuant to Sections 62, 63, 161b, 161i, and 1610 of the Atomic Energy Act of 1954, as amended, and the Commission's regulations in 10 CFR Parts 2 and 30, IT IS HEREBY ORDERED, EFFECTIVE IMMEDIATELY, that the licensee and/or its legal successor in interest shall:
A.
Submit a decontamination plan for the Pulaski facility to the NRC Region I office within 30 days from the date of this Order for review and approval. This plan shall contain:
(1) a complete characterization of the facility, with a description of the location and levels of all sources of radiation and contamination; (2) a timetable for decontamination activities and transfer of contaminated waste and other licensed material to an authorized recipient; and (3) the estimated costs and the source of funding.
B.
Complete the decontamination effert within 90 days after the Regional Administrator's approval of the decontamination plan.
. C.
Submit to the Region I office within 30 days of completion of the decontamination effort a survey report of the facility verifying that (1) contamination and radiation levels existing are within the levels specified in Option 1 of the Branch Technical Position " Disposal or Onsite Storage of Thorium or Uranium Waste from Past Operations," published in the Federal Register on October 23, 1981, 46 FR 52061, and " Guidelines for Decontamination of Facilities and Equipment Prior to Release for Unrestricted Use or Termination of Licenses for Byproduct, Source, or Special Nuclear Material," and (2) all materials have been transferred to an authorized recipient.
D.
Control entry to restricted areas until they are suitable for unrestricted use ano until the NRC has confirmed in writing that successful decontamination has been completed.
E.
The Regional Administrator, Region I may for good cause relax or rescind any of the above conditions.
V The licensee and/or its legal successor in interest or any other person whose interest is adversely affected by this Order may request a hearing on this Order within 25 days of its issuance. Any request for hearing shall be addressed to the Director, Office of Inspection and Enforcement, U. S. Nuclear Regulatory Commission, Washington, D. C. 20555. A copy of the request shall
c
. also be sent to the Executive Legal Director at the same address. A REQUEST FOR HEARING SHALL NOT STAY THE EFFECTIVENESS OF THIS ORDER.
If a hearing is requested by the licensee and/or its legal successor in interest, the Commission will issue an Order designating the time and place of hearing.
If a hearing is held, the issue to be considered at such hearing shall be whether this Order should be sustained.
FOR THE NUCLEAR REGULATORY COMMISSION
/
m M
J mes M. Tay1 p, Director ffice of Inspection and Enforcement Dated at Bethesda, Maryland thisMtsDay of January 1986.
r bcc:
PDR NSIC SECY CA Region I Docket Room (w/ concurrences)
J. Taylor, IE J. Axelrad. IE T. Murley, IE J. Lieberman, ELD V. Stello, DED/ROGR Enforcement Coordinators RII, RIII, RIV, RV F. Ingram, PA J. Crooks, AE00 B. Hayes, 01 S. Connelly, 01A C. Kagan, 0GC L. Cobb, IE E. Flack, IE D. Holody, RI V. Miller, NMSS B. Thomas, NMSS IE/ES-File IE/EA File ED0 Rdg File DCS sne.
Ns. &
f b
m ES:IE ELD M NMSS ers D:ES DD:IE D
EFlack JLieberman RCunningham JAxelrad RVollmer ay1 1//4 /86 1//g/86 1//6/86 1/ /86 1/ /86 1/6 / 6
- ^^ h R Q T Muttay ilis /e6