ML20141D578
| ML20141D578 | |
| Person / Time | |
|---|---|
| Issue date: | 05/27/1997 |
| From: | Mcgaffigan E NRC COMMISSION (OCM) |
| To: | Hoyle J NRC OFFICE OF THE SECRETARY (SECY) |
| Shared Package | |
| ML20141D497 | List: |
| References | |
| SECY-97-096-C, SECY-97-96-C, NUDOCS 9706270261 | |
| Download: ML20141D578 (4) | |
Text
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NOTATION VOTE RESPONSE SHEET TO: John C. Hoyle, Secretary FROM: COMMISSIONER MCGAFFIGAN
SUBJECT:
SECY-97-096 - MEMORANDUM OF UNDERSTANDING AND INTERAGENCY AGREEMENT BETWEEN THE U.S.
DEPARTMENT OF ENERGY AND THE U.S. NUCLEAR REGULATO".Y COMMISSION ON THE CLOSURE OF HIGH-LEVEL WASTE STORAGE TANKS AT THE SAVANNAH RIVER SITE Approved #( "
Disapproved Abstain Not Participating Request Discussion COMMENTS:
I approve of the Memorandum of Understanding between DOE and the NPC on the closure of the HLW storage tanks at the Savannah River site. I suggest edits to the MOV for consistency with the MOU between DOE and NRC on the Hanford TWRS projects (see attached).
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S::dN'ATURE l
jf>7 97 /
Releuse Vote /y/ I ,
DATE Withhold vote / /
Entered on "AS" Yes ( No 9706270261 970619 PDR COMMS NRCC CORRESPONDENCE PDR 97% 2' /o z /s/ - _
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MEMORANDUM OF UNDERSTANDING BETWEEN THE U.S. DEPARTMENT OF ENERGY l AND THE l U.S. NUCLEAR REGULATORY COMMISSION ON THE 1 l CLOSURE OF HIGH-LEVEL WASTE STORAGE TANKS !
AT THE SAVANNAH RIVER SITE l l L Purpose l L The purpose of this Memorandum of Understanding (MOU) between the U.S.
l Department of Energy (DOE) Savannah River Operations Office (SR) and the
- U.S. Nuclear Regulatory CommissionMNRC) is to establish a basic (wWM l framework for the NRC to provide technical assistance to DOE-SR in regard to f
River Site, specifically, DOE-SR's determination and classification of the residual waste in the tanks, after waste removal operations, as " incidental" waste.
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IL introduction i
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- DOE-SR is preparing to remove from service and close HLW underground l storage tanks that are no longer required to support operations. There are 51 l HLW storage tanks at the Savannah River Site. A near-term goal is to remove all l waste from and close 24 of the 51 tanks that are classified as the "old-style" tanks, I which do not meet secondary containment requirements, by 2006. By the year 2018, the remaining HLW will be removed and stabilized for disposal and the resulting empty tanks will be closed based on operational requirements, e t.
The tanks will be emptied of waste to the extent that is *echnically and economically practical and to the extent necessary to protect human health and the environment. Only a small amount of residual waste will remain. DOE-SR requests assistance from the NRC to determine if the residual waste can be dassified as " incidental" waste and as such not require specific NRC licensing or regulatory oversight involvement. Under Section 202 of the Energy Reorgraization Act of 1974, the NRC has licensin and related regulatory authority for DOE HLW disposal facilities. is defined in Appendix F of10 x
! CFR Part 50, and does not h&M"inciden " waste. ,
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The South Carolina Department of Health and Environmental Controls (SCDHEC) and the Environmental Protection Agency (EPA) have agreed with
- DOE-SR on closure criteria that will be protective of human health and the
)- _e nvironment. The resulting industrial Wastewater Closure Planfor Fand H
! Area High Level Waste Tank System was formally approved by both SCDHEC i
and the EPA.
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B. General % ("Y*(*feb-1.
. Each agency will be responsible for safeguarding, control of, and accounting for classified, proprietany, and procurement-sensitive information used or furnished in connection with tasks under this MOU in accordance with its established procedures.
- 2. If an issue arises in the implementation of this MOU which cannot be resolved at the agency working level, the NRC and DOE-SR agree to refer the matter within 30 days to the Director, NMSS, NRC and to the Assistant Manager for High Level Waste for appropriate action.
- 3. NRC and DOE recognize the importance of providing information to the public regarding activities and regulatory decisions that may affect the public health and safety or protection of the environment.
Meetings between the NRC and DOE in connection with these activities shall be govemed by the NRC's policy on open meetings (58FR48340, September 20,1994).
- 4. Committees such as the Advisory Committee on Nuclear Waste, the Defense Nuclear Facilities Safety Board, and the Nuclear Waste Technical Review Board provide independent review of their respective agency's facilities, activities, and related matters.
As appropriate, NRC and DOE agree to support these types of independent reviews by providing readily available information or attending briefings related to their respective areas of responsibilities.-
AtL @ >
C. Planning and Reimbursement of Costs 1.
NRC and DOE-SR will co6perate in planning activities to ensure that both agencies anticipate the magnitude of funding, the
- allocation of resources, and the timing of events necessary to conduct tasks associated with this MOU.
- 2. DOE-SR recognizes that NRC seeks reimbursement for the full
. costs of resources to conduct specific tasks which DOE-SR requests. The parties intend to enter into an interagency agreement for this purpose and to estimate the level of resources and periods of performance resociated with DOE-SR requests.
- 3. DOE anticipates holding face-to-face discussions with NRC approximately once a month or whenever deemed necessary.
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D. Specific Tasks
- 1. The NRC will provide technical' assistance to DOE-SR on DOE's high level wa~ste (HLW) storage tank closure program at the Savannah River Site, specifically, DOE-SR's determination and classification of the residual waste in the tanks, after waste removal operations, as^ incidental" waste.
- 2. NRC and DOE-SR will work together to develop an overall schedule for accomplishing specific activities under this MOU.
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l V. Other Provisions A. Nothing'in this MOU shall limit the authority of either agency to exercise its authority independently with regards to matters that are the subject of this MOU.
B. Nothing in this MOU is intended to conflict with any other MOU between the NRC and DOE. In the event of a conflict between this MOU and any other MOU between the NRC and DOE regarding prelicensing and licensing interactions affecting facilities of the Civilian Radioactive Waste Management System subject to licensing authority of the NRC, the provisions of the other MOU shall govern.
C. The NRC's activities under this MOU do not constitute a commitment to issue any approval, authorization or license, or in any way affect the NRC's authority in any licensing proceeding.
D. Nothing in this MOU shall be deemed to establish any rights or provide a basi: for any action, either legal or equitable, by any person or class of persons challenging a Government action or a failure to act.
I E. This MOU shall be effective upon signature of both parties and will remain in effect until December 31,2001 or until terminated by mutual l
agreement or by written notice of either party submitted at least 180 days
! in advance of termination. Amendments or modifications to this MOU l
may be made upon the written agreement of the parties.
I
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UNITED STATES NUCLEAR REGULATORY COMMISSION f' n WASHINGTON, O C 20555-0001 5 j
- c g * * * *
- g June 19. 1997 OFFICE OF THE N]
SECRETARY
/ 0 L. Joseph Callan MEMORANDUM TO:
Execu ive r# por Operations FROM: John ', Hoyle, cretary
SUBJECT:
STA REQUIREMENTS - SECY-97-096 - MEMORANDUM OF UNDERSTANDING AND INTERAGENCY AGREEMENT BETWEEN THE U.S. DEPARTMENT OF ENERGY AND THE U.S. NUCLEAR REGULATORY COMMISSION ON THE CLOSURE OF HIGH-LEVEL WASTE STORAGE TANKS AT THE SAVANNAH RIVER SITE (MOU)
The Commission has approved the Memorandum of Understanding and Interagency Agreement between DOE and the NRC on the closure of the high-level waste (HLW) storage tanks at the Savannah River site, subject to the comments and changes noted below. 6/30/97)
(SECY Suspense:
(EDO)
In applying the criteria by the which residual staff shouldwaste might be fully consider classified as incidental, the public, potential risks and dsses to workers and members offrom characterization and as well as the costs, that could result alternate disposal of the waste. The staff should also consider (e.g., the Atomic Energy the applicable statutes and regulations Act, the Energy Reorganization Act, the NWPA, the codified etc.) governing W version of Part 50, Appendix F, responsibility and authority regarding high-level uaste.
The following changes should be made to the MOU and the Interagency Agreement:
- 1) On page 1 of Attachment A to the Interagency Agreement, in paragraph 1.1, line 8, insert "to" after the word
" regard."
- 2) On page 1 of the MOU, in the first paragraph, line 3, delete the word " staff."
THIS SRM, SECY-97-096, AND THE COMMISSION VOT:NG SECY NOTE:
RECORD CONTAINING T3E VOTE SHEETS OF ALL COMMISSIONERS WILL BE MADE PUBLICLY AVAILABLE 5 WORKING DAYS FROM THE DATE OF THIS SRM.
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- 3) On page 1 of the MOU, in the third paragraph, next to the last line, replace "HLW" with "High-level liquid l
radioactive waste." In the last line, replace
" include" with " address."
- 4) On page 3 of the MOU, in Section B, add item 5:
" DOE-SR will provide office space as necessary to l
accommodate NRC visits to the SR site and will coordinate attendance of all parties to any reviews requested by t he NRC. Close coordination between the NRC and DOE-SR is essential to timely project completion." ,
"The
- 5) On page 4 of the EOU, in Section V, add item F:
NRC will be reimbursed for the cost of activities within the scope of this MOU, as provided for in the Interagency Agreement which implements this MOU."
The staff should carefully monitor the Quarterly Financial Reports for potential cost overruns. l 1
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cc: Chairman Jackson I Commissioner Rogers Commissioner Dicus l Commissioner Diaz Commissioner McGaffigan f OGC CIO i CFO i OCA OIG Office Directors, Regions, ACRS, ACNW, ASLBP (via E-Mail)
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