ML20138B042
| ML20138B042 | |
| Person / Time | |
|---|---|
| Issue date: | 07/26/1985 |
| From: | Higginbotham L NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | Hill T ENERGY, DEPT. OF |
| References | |
| REF-WM-5 NUDOCS 8512120186 | |
| Download: ML20138B042 (5) | |
Text
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Mr. Theetis V. Hill Contracts and Industrial Relations Division U.S. Department of Energy Albuquerque Operations Office Post Office Box 5400 Albuquerque, New Mexico 87115
Dear Mr. Hill:
Enclosed are three signed copies of Modification No. M009 to Cooperative Agreement No. DE-FC04-81AL16257. NRC staff have reviewed the modification and believe that it is consistent with the provisions of the Uranium Mill Tailings Radiation Control Act of 1978. We have retained one signed copy for our files.
Sincerely, Orisinal sign 61 by Leu B. Iliesiahourm Leo B. Higginbotham, Chief Low-Level Waste and Uranium Recovery Projects Branch Division of Waste Management Office of Nuclear Material Safety and Safeguards
Enclosure:
As stated
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_____:____________:____________:....._______:____r 1inbotham NAME :DM Gillen
- DE Martin
- R. Fonner
- LB Higg DATE :85/07/22
- 85/07/ 22
- 85/07/ 24
- 85/07/ Q :
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MODIFICATION OF COOPERATIVE AGREEMENT Page 1 of 4
)
l 1.
Modification No.
M009 2.
Effective Date:
3.
Purchase Request No.
4.
Cooperative Agreement No. DE-FC04-81AL16257 5.
Issued By:
6.
State / Indian Tribe Department of Energy State of Colorado Albuquerque Operations Office Radiation Control Division Contracts and Procurement Division Colorado Department of Public Health P.O. Box 5400 4210 East lith Avenue Albuquerque, NM 87115 Denver, CO 80220 7.
Accounting and Appropriation Data (If Required): N/A 8.
(
) The above numbered Cooperative Agreement is modified to reflect the administrative changes set forth in block 9.
( X ) This agreement is entered into pursuant to au thority of P. L.95-604.
It modifies the above numbered Cooperative Agreement as set forth in block 9.
=
9.
Description of Modification:
Bilateral Modification amending Article III Acquisition, Disposition and Use of Property by adding Paragraph M.
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Except as provided herein, all terms and conditions of the document referenced in block 4, cs heretof ore changed, remain unchanged and in full force and effect.
- 10. (
)
State / Indian Tribe is not reqired to sign this document.
(X)
State / Indian Tribe is required to sign this document and return 4 copies to issuing office.
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- 11. (State Colorado) 12.
United States of America By Y
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{f e
y (Signature of person authorized to sign)
Theetis V. Hill
~7 Contracting Officer N4. d,Mena
'2 % % W 9 />/?F Title of Signer Dpte Signed Date 'Sfgned/
- 13. Nucl tar Re 1 ry Commission
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(Signature) L Q. Higginbotham i
Chief, Low-Level Waste and Uranium Recovery l
Projects Branch, Division of Wastej arjagement M
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Title of Signer Dat'e Signed 2589R
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Page 2 of 4
- 1. ' The purpose of this Modification is to accomplish the following:
a.
Allow the State to make an in-kind contribution of real estate toward its share of allowable costs under the Cooperative Agreement;
'b.
The. State will grant DOE a right-of-entry onto a parcel of land in Grand Junction, Colorado for the purpose of: 1) temporarily disposing of residual radioactive materials from Grand Junction vicinity pro-perties, and 2) constructing a personnel and equipment decontamina-tion facility; and;
-c.
Provide-for temporary storage of vicinity property residual radio-active materials under certain conditions.
2.
The following modification to the Cooperative Agreement is required to accomplish the. purposes stated above:
Article III. ACQUISITION, DISPOSITION AND USE OF PROPERTY is revised by adding Paragraph M. as follows:
M.-
DOE and the State acknowledge that: (i) the State may currently own real estate, or may acquire real estate at its own expense and on its own accord prior to the development of a Remedial Action Plan and prior to the written notice to be provided to the State by the 00n-tracting Officer pursuant to Paragraph C. of this article, which DOE and the State select and use as a depository site; and (ii) DOE may have need for a temporary easement, right-of-entry or other form of access to such real' estate or. other real estate not owned by the '
State for the temporary disposal of residual radioactive materials from vicinity properties pending acquisition of a depository site under this Agreement. In order to provide for these possibilities:
1.-
The State agrees to convey to the Government title to the real estate referenced in subparagraph.(i) above or such portion thereof which is used as a depository site at such time that DOE, with the concurrence of the Commission, determines that remedial action at the depository site is completed..The real estate used as a depository site pursuant to the terms of this Paragraph shall be considered an in-kind contribution by the State toward its share of; allowable costs under.this Agreement.
The amount of. such contribution shall be equal to the fair market value of such real restate on the effective date of the Remedial Action Plan,which reflects the DOE-State decision to use such real estate as a depository: site. The fair market value of such real estate shall be determined on the basis of an appraisal which complies with the Appraisal Standards. 'The.
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. State's transfer of title to real estate under this paragraph shall'be in accordance with Paragraph K. of this Article..The Government, af ter any transfer of. title under this. Paragraph,
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shall-be responsible for the maintenance, monitoring and control of the depository site..
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Page 3 of 4 2.
The State hereby grants to DOE, the Commission, and the Admini-strator right-of-entry onto, over, and across such portion of the real estate referenced in subparagraph (i) above to perform remedial action chereat and to inspect said real estate at any time from the time the State acquires the real estate until the time the State transfers title to the real estate to the Govern-ment as provided in subparagraph 1 above.
3.
The State, with respect to that parcel of the Grand Juction millsite currently owned by the State and described in Appendix A - Attachment 2, as the " State-Owned Tailings Repository", hereby grants to DOE a right of entry onto, over, and across such parcel for the purposes of: (a) temporarily disposing residual radioactive materials from the Grand Junction vicinity properties; and (b) constructing a personnel and equip-ment decontamination f acility for use in connection with reme-dial actions at Grand Junction vicinity properties, subject to mutual agreement (as evidenced by an exchange of correspondence indicating agreement) between the State Site Representative and DOE's Grand Junction Area Office regarding the design of such facility; provided that title to any improvements made by the DOE to the State-Owned Tailings Repository shall remain in DOE subject to negotiation in good faith between DOE and the State regarding abandonment in place, transfer to the State, or other methods of property disposal.
4.
DOE shall directly obtain or cause its contractors to obtain access to real estate not owned by the State which DOE uses for the temporary disposal of residual radioactive materials from vicinity properties pending acquisition of a depository site under this Agreement, which may include but is not limited to the Durango millsite. The costs incurred by DOE for such access shall be allowable costs under this Agreement.
5.
Subject to the licensing requirements set forth in Section 108 of the Act f or any remilling of residual radioactive materials or other recovery of valuable minerals, DOE and the State agree that DOE's activities, and those of its contractors and subcon-tractors, in connection with the temporary disposal of residual radioactive materials f rom vicinity properties at the State-Owned Tailings Repository or at real estate for which DOE obtains access as provided in Paragraph 4 hereof, shall be exempt from the licensing requirements of the Colorado Radiation Control Act (C.R.S. 1973, 25-11-101, et seq.) as implemented by the Colorado Department of Health's Rules and Regulations Per-taining to Radiation Control.
DOE and the State further agree that said temporary disposal shall not affect any currently existing State-issued license pertaining to radioactive mater--
ials on or at real estate encompassing the temporary disposal site and shall not be cause for an amendment or other alteration 2589R l
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Page 4 of 4 I
of any currently existing State-issued radioactive materials license or for issuance of a new radioacitve materials license to the owner or operator of the temporary disposal site.
DOE and the State further agree that the costs DOE incurs in connec-tion with temporary disposal of vicinity property residual radioactive materials shall be allowable costs under this Agree-ment. DOE and the State further agree to negotiate in good faith a mutually acceptable permanent disposition of such vicinity property residual radioactive materials in the event such materials are not disposed of under this Agreement in con-junction with the aisposal of millsite residual radioactive materials and that the costs incurred for said permanent dis-position shall be allowable costs under this Agreement.
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