ML20148H998

Matls Licensing Package for Amend 11 to License SNM-0203 for Bell Lab.Control:122909

ML20148H998
Person / Time
Site:	07000222
Issue date:	11/14/1996
From:	Penny Lanzisera NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I)
To:
References
122909, NUDOCS 9706160083
Download: ML20148H998 (23)

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U.S. NUCLEAR REGULATORY COMMISSION j

Amendment No. 11 r

MATERIALS LICENSE L

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Pursuant to the Atomic Energy Act of 1954, as amended, the Energy Reorganization Act of 1974 (Publa Law 93 438), and Title 10. Code of I Federal Regulanons. Chapter 1. Parts 30. 31. 32,33,34,35,36,39. 40, and 70, and in reliance on statements and representations heretofore made Q Ci by the licensee, a license is hereby issued authorizing the licensee to receive, acquite, possess. and transfer by proJuct source. and special nuclear I

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! material designated below: to use such material for the purpose (s) and at the placeN designated below; to dekser or transfer such material to {

$ persons authori/ed to receis e it in accordance with the regulations of the applicable PartN. This license shall be deemed to contain the conditions jl fj specitied in Section 183 of the Atomic "nergy Act of 1954, as amended, and is subject to all applicable rules, regulations, and orders of the yl Nuclear Regulatory Commission now.

reafter in effect and to any conditions specifiel below.

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Licensee In accordance with the letter dated 2

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February 15, 1996, bl lgl l

. i. Bell Laboratories

3. I icense Number SNM-203 is amended in I

A Division of Lucent Technologies Inc.

its entirety to read as follows:

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$ "Murray Hill, New Jersey 07974-0636 uxpiration Date February 28, 2005 l

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5. Docket or 070-00222 l

Reference No.

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6. Byproduct. Source, and/or

7. Chemical and/or Physical

8. Maximum Amount that Licensee I

Special Nuclear Material Form May Possess at Any One Time l

Under This License j

! A. Uranium 233 A. Any A. 10 grams I

I B. Uranium 235 B. Any B. 10 grams l C. Plutonium 238 C. Any C. 5 grams l

l I D. Plutonium 239 D. Any D. 0.5 grams I

I E. Plutonium 239 E. Sealed neutron st.urce E. 8 grams I

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Authorized use I

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Research and development as defined in 10 CFR 70.4.

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Instrument calibration.

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1 CONDITIONS i

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Licensed material may be used only at the licensee's facilities located at lI j

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j 600 Mountain Avenue, Murray Hill, New Jersey.

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A.

Licensed material shall be used by, or under the supervision of, individuals

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designated in writing by the Radiation Safety Committee, Dr. Gary Zeman, jil l

Sj Chairperson.

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The Radiation Safety Officer for this license is John E. Riley, Jr.

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Licensed material shall not be used in or on human beings.

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A.

Sealed sources and detector cells containing licensed material shall be tested fl l

for leakage and/or contamination at intervals not to exceed six months or at 4

such other intervals as are specified by the certificate of registration 3

referred to in 10 CFR 32.210, not to exceed three years.

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B.

Notwithstanding Paragraph A of this Condition, sealed sources designed to emit 6

alpha particles shall be tested for leakage and/or contamination at intervals j

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not to exceed three months.

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In the absence of a certificate from a transferor indicating that a leak test g

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tested.

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Each sealed source fabricated by the licensee shall be inspected and tested for f

g construction defects, leakage, and contamination prior to any use or transfer as a sealed source.

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Sealed sources and detector cells nee,d not be leak tested if:

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(ii) they contain onl a radioactive gas; or

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(v) they ar'e not designed t'o emit dpN pIrtitcles, are in\\' storage, and are not E

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I transfer to another~ person,-a'ndcha'vedothee'n tested within the required E

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leak test interval, th'ey shall be tested ~before use or; transfer.

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source or detector cell shall be stored for a period of'more than 10 years E

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with the U.S. Nucle,ar Regulatory 'Comm}is'iion a$ tion, a(Spor 0.005 microcurie or more of renichblg chntamf g

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shall be removed in' ins 6Jately from service and dergtht1tdinated, repaired, or g

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The report shall be g

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st result is known with the g

U.S. Nuclear Regulatory Commist6nMeg I ATTN:

Chief, Nuclear Materials g

g Safety Branch, 475 Allendale Road, King of Prussia, Pennsylvania 19406. The y

g report shall specify the source or detector cell involved, the test results, and g

corrective action taken.

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The licensee is authorized to collect leak test samples for analysis by the G.

g licensee.

Alternatively, tests for leakage and/or contamination may be g

performed by persons specifically licensed by the Commission or an Agreement g

g State to perform such services.

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l 14.

Sealed sources or detector cells containing licensed material shall not be opened or y

sources removed from source holders by the licensee.

l 15. The licensee shall not acquire licensed material in a sealed source or device unless y

the source or device has been registered with the U.S. Nuclear Regulatory Commission y

pursuant to 10 CFR 32.210 or equivalent regulations of an Agreement State.

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MATERIALS LICENSE Docket or Refererice Number

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l SUPPLEMENTARY 8HEET 070 00222 i

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16.

The licensee shall conduct a physical inventory every six months to account for all y

g sealed sources and devices containing licensed material received and possessed under the license.

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17.

The licensee shall not use licensed material in field applications where activity is E

y released except as provided otherwise by specific condition of this license.

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The licensee is authorized to transport licensed material in accordance with the E

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Except as specifically provided otherwise in this license, the licensee shall conduct E

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its program in accordance with the' statements, represectations, and procedures E

contained in the documents, including any enclosures, listed below.

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b Regulatory Commission's. regulations shall govern unless the statements, E

I representations, and procedures in the licensee's application and correspondence are E

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A, Applicationda(EdAugust 19, 1983 E

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Letter dated September 23, 1988 E

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Application dated October 26, 1994 l

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Letter dated January 31, 1995

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1 For the U.S. Nuclear Reculatory Commission i

ORIGINAL SIGN ED BY:

NOV I 41996 PENNY A. LANZISERA Date By Nuclear Materials Safety Branch Region I l

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NOV l 41996 John E. Riley, Jr.

i Radiation Safety Officer Bell Laboratories A Division of Lucent Technologies Inc.

600 Mountain Avenue Murray Hill, NJ 07974-0636 i

Dear Mr. Riley:

This refers to your license amendment request. Enclosed with this letter is the amended license. Please note that as part of this amendment, in accordance with 10 CFR 70.38, effective February 15,1996, the expiration date of your license has been extended by a period of five years. Your new expiration date is stated in item 4 of the license.

i Please review the enclosed document carefully and be sure that you understand and fully implement all the conditions incorporated into the amended license. If there are l

any errors or questions, please notify the U.S. Nuclear Regulatory Commission, Region l Office, Licensing Assistance Team, (610) 337-5093 or 5239, so that we can provide appropriate corrections and answers.

Thank you for your cooperation.

Sincerely, ORIGINAL SIGNED BY-PENNY A. LANZlSERN Penny Lanzisera Division of Nuclear Materials Safety License No. SNM-203 Docket No. 070-00222 Control No. 122909

Enclosure:

Amendment No.11 DOCUMENT NAME: R:\\WPS\\MLTR\\LSNM20 <

To,eceive a copy of this document, Indicate in the box: *C" = Copy sdo attach /enci

• E" = Copy w/ attach /enci "N" = No copy OFFICE DNMS/RI N

DNMS/RI NAME Lanzisera fl,.

DATE 11/14/96 11/ /96 11/ /96 11/ /96 OFFICIAL RECORD COPY

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%!! 8. abs Lucent Technologies Innow 0%ns for Lucent Technologies J. Carl Hsu, Ph.D.

Bell Laboratories Vice President Room 6A 409 Advanced Technolo9ies 700 Mountain Avenue l

Murray Hill. NJ 07974 l

l Telephone 908 582 64%

racsimile 908 $82 5100 E Mail carthsuWlucen'.com October 23,1996 Ms. Penny 12nzisera Division of Nuclear Materials Safety U.S. Nuclear Regulatory Commission, Region 1 475 AllendaleRoad King of Prussia, PA 19406-1415 MailControlNumbers: 122909,122910,122911,122912,122913 License Numbers:

SNM-203, SMB-1260,29-00170-03,29-00170-04,29-28260-01 Dear Ms. Lanzisera-i Enclosed please find the documents whereby the Standby Trust Agreement with Summit Bank (1851102002) is revised to reflect the change to Bell Laboratories, Division of Lucent Technologies. It has been approved by both Lucent and Summit Bank.

Additionally, please be advised that the Shepherd irradiator discussed with you on several previous occasions that was owned by AT&T has been returned to J. L. Shepherd in San Fernando, California. On October 10,1996, a representative of Shepherd took possession of the sources and shipped them to their location under the conditions of their State of California license,1777-70.

This should complete the list of items requested for the transfer of the above licenses to Lucent Technologies. If you have further questions, please contact our Radiation Safety Officer, John E. Riley at (908) 582-5608.

Sincerely,

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l J. Carl lisu Vice President, Advanced Technologies l

JCH/ sam Enclosures As above Copy to:

Case file 48067-3.1 Radiation Protection Committee 1

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Lucent Technologies Bell Labs irrovations October 18,1996 l

Ms. Susan Scola Summit Bank Corporate Trust Department 210 Main Stnet,6th Floor Hackensack, NJ 07601 Re: Standby Trust Agreement Number 1851102002

Dear Ms. Scola:

1 As per your telephone corrversation with Donna Donovan of our office we request the following amendment to the above captioned standby trust agreement:

o Amend all reference to " Grantor" to read:

Bell L.aboratories A Division of Lucent Technologienne.

We are also attaching a revised Schedule A and Revised Schedule B for the standby trust agreement.

We request that Summit Bank acknowledge receipt of this letter and revised schedules by a corporate officer of Summit Bank signing on the signature line below.

Ttunk you for your asistance.

Very truly yours,

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, y Vietta C. Durnin Senior Treasury Manager US Cash Management Attachment Summit Bank Un n A-

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i REVISED SCHEDULE A THIS AGREEMENT DEMONSTRATES THE FINANCIAL ASSURANCE FOR THE FOLLOWING COST ESTIMATES FOR THE FOLLOWING LICENSED ACTIVITIES:

1 U.S. NUCLEAR REGULATORY COMMISSION LICENSE NUMBERS 29-0017043, 29-00170-04, 29-2826041, SMB-1260, SNM-203 NAME AND ADDRESS OF LICENSEE:

BELL LABORATORIES I

. A DIVISION OF LUCENT 'IECHNOLOGIES INC.

600 MOUNTAIN AVENUE MURRAY HILL, NJ 07974-0636 ADDRESS OF LICENSED ACTIVITY:

i 600 MOUNTAIN AVENUE MURRAY HILL, NJ 07974-0636 COST ESTIMATES FOR REGULATORY ASSURANCES DEMONSTRATED BY THIS AGREEMENT:

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USD 1,407,375.00 (U.S. DOLLARS ONE MILLION FOUR HUNDRED SEVEN THOUSAND THREE HUNDRED SEVENTY FIVE AND 00/100) l REVISED SCHEDULE B LETTER OF CREDIT NUMBER 3001%71 l

IN THE AMOUbtr OF USD 1,407,375.00 OPENED WITH CITIBANK, N.A. I11 WALL STREET, NEW YORK, NY i

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/U K Bell Labs Lucent Technologies N

Innovations for Lucent Technolog' J. Carl Hsu, Ph.D.

Bell Laboratories Vice President Room 6A 400 Advamed Tuhnolo.qits 700 Mountain Asenue Murray Hill, NJ 07974 l

Telephone 908 582 6458 Facsimile 908 582 5100 j

E Mail t.trlhsuttlutenixom September 25,1996 I

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i Penny lanzisera Division of Nuclear Materials Safety U.S. Nuclear Regulatory Commission, Region 1 475 Allendak* Road King of Prussia, PA 19406-1415 Mail Control Numbers:

122909 122910 122911 122 M2 122913 License Numters:

SNM 203, SMB 1260,29-00170-03,29-00170-04, 29-28260-01

Dear Ms. Lanzisera:

In a letter dated January 15,1996, AT&T Bell Labs infonned the U.S. Nuclear Regulaton Commission of the plans to spin off into a new company called Lucent Technologies. Activities carried out under NRC licenses would be transferred to Bell Laboratories, Division of Lucent Technologies Inc. In a letter dated April 16,1996, we responded to specific questions clarifying respcasibilities. In the phone conversation on September 18 involving you ar d Jchn Kinneman ano John E. Riley, the Bell Labs Radiation Safety Officer, you requested additional information that we are now submitting.

1.

At this time the ofilcer of the Corporation responsible for the Radiation Protection Program is J. Carl Hsu, Vice President of Advanced Technologies. The organizational structure for Bell Laboratories is depicted on the chart sutunitted to you in the letter dated April 16,1996.

2.

In regard to the Cs-137 contamination resulting from the licensed work in the former Radiation Lab, Building 16, Bell laboratories, a Division of Lucent Technologies, agrees to assume full responsibility for decontamination and decommissioning.

l 3.

The work to remediate the Building 16 area and sewer line will continue to be carried out in full l

comp!!ancs with NRC regulations and guides. It is our intent to complete the work by the end of l

1997. Briefly, the work will entail the removal of contaminated concrete slab, sewer liv, and soil areas that are above the release limit for removable contaminailon or bulk soil contamination.

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It is now our understanding that the Shepherd inadiator mentioned in our letter of April,1996, under l

item D will remain owned by AT&T. The irradiator will remain at Bell Laboratories in Murray Hill l

in the care of the Radiation Protection Department under license 29-00170-04. AT&T has agreed to fund the Bell Laboratories effort pending disposal or return to the manufacturer.

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5.

The open issue of the funding for the decommissioning plan has been addressed with the submission to yJu on /.ugust 20. Our old letter of credit with United Jersey Bank has been replaced with a new one from Citibank. We are awaiting your return of the old United Jersey Bank document. The standby trust agreement remains with United Jersey Bank - now called Summit Bank. The final name changes on the banking documents are underway. We will forward the additional tmst agreement documents as soon as they are available.

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Sincerely,

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J. Carl Hsu Vice President. Advanced Technologies Copy to Case File 48067-3.1 Radiation Protection Committee I

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C TELEPHONE CONVERSATON RECORD Date: 9-18-96 Time: 3:10 pm Mail Control No.: 122909, 122910, 122911, License No.:

Docket No.:

122912, 122913 SNM-203, SMB-070-00222, 040-1260, 29-00170-03, 08478, 030-29-00170-04, 29-05224, 030-28260-01 29523, 030-30727 Person Calling: Jack Riley, RSO Organization:

Telephone AT&T Number:

Person Called: Penny Lanzisera & John Kinneman

Subject:

name change j

Summary: Jack indicated that the 260 Ci Cesium-137 shepherd calibrator is will be under Lucent contml in Lucent facilities, however the source will be owned by AT&T.

Lucent has agreed to perform the leak tests and inventories until AT&T can dispose of it.

October 1st is the completion date for the name change. The new LOC was submitted Aug. 22nd (Mail Control No. 123587) NJ-01591-300019671. The STA will still be with UJB, but amendment was submitted for name change. Jack also indicated that they had requested termination of the old LOC. Jack will supply information indicating that Kissane was an officer of the company when he signed the April 1996 letter and therefore he was allowed to make commitments for Lucent. Carl Hsu (VP) is now signing all records and has been designated the certifying official. Also discussed Cs-137 contamination of a facility. Jack agreed to submit clarification that Lucent agrees to assume msponsibility for this site and will submit a schedule for decommissioning.

Action Required /Taken: response Signature:

Date:

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,A Lucent Technologies Bell Labs irrmations John J. Kissane Intellectual Property Law gg 4 General Attorney Room 3A-539 fb 600 Mountain Avenue P.O. Box 636 Murray Hill. NJ 07974-0636 908 582-5948 April 16,1996 FAX 908 582-4246 Email attmail!jkissane Ms. Penny Lanzisera Division of Nuclear Materials Safety Region i United States Nuclear Regulatory Commission 475 Allendale Road King of Prussia, PA Mail Control Numbers:

122909 122910 122911 122912 122913

Dear Ms. Lanzisera:

This letter is submitted in partial response to the questions you posed in your correspondence of March 5,1996. The responses are indexed to correspond with the questions in your letter.

A. The individuals named previously in the licenses-the chairman of the Radiation Safety Committee, G. H. Zeman, and the Radiation Safety Officer, John E. Riley-remain the same. Attachment A shows the management structure that supports the Radiation Protection Program.

B. AT&T Bell Laboratories has become Bell Laboratories, a Division of Lucent Technologies. Another component of the former AT&T Bell Laboratories has become AT&T Laboratories. The Radiation Protection Department is part of the portion of Bell Laboratories assigned to Lucent Technologies. There is no radiation protection department currently in AT&T or AT&T Laboratories.

C. On September 29,1995, AT&T Corp. announced that it was restructuring the corporation into three separate corporate entities, i.e., a telecommunications services company carrying the name AT&T Corp., a systems and technology company subsequently named Lucent Technologies Inc., and a computer company subsequently named NCR. All three companies were created from existing AT&T operations and drew from the shared resources of AT&T.

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U P. Lanzisr:ra 2

April 16,1996 l

Lucent Technologies Inc. presently is a subsidiary of AT&T Corp. Approximately 20% of Lucent Technologies stock was sold to the public in an initial public offering of the stock. The remainder of the common stock of Lucent Technologies will be distributed by.AT&T Corp. to AT&T shareholders prior to the end of 1996.

Lucent Technologies is composed of Bell Laboratories and those Business Units within the former AT&T that design, develop and manufacture telecommunicatione systems, software and products. Those portions of AT&T which form Lucent Technologies had revenues of $21.4 billion for the year ending December 31,1995, and total assets of $19.7 billion on December 31,1995.

D. The Bell Laboratories Radiation Protection Department will remain in charge of licensed activities for Bell Laboratories, Division of Lucent Technologies Inc. The Bell Laboratories licensed locations, facilities, storage or uses of licensed material, equipment or procedures will remain the same.

Two sources covered by the AT&T Bell Laboratories irradiator license (i.e., a Shepherd irradiator) have not been assigned to go to Lucent Technologies, but will remain with AT&T Laboratories. We are still trying to define the future of these sources. For the interim, they remain in the custody of the Bell Laboratories Radiation Protection Department. With the exception of the Shepherd irradiator, all licensed sources will be transferred upon your approval to Lucent Technologies Bell Laboratories per our amendment application.

E. This issue remains open at this time. The use, possession or storage of licensed materials within Bell Laboratories will remain the same as described on the individual licenses. Pending resolution of the licensing issues for the Shepherd irradiator, those sources also remain in the custody of the Bell Labs Radiation Protection Department.

F. All surveillance items and records will be current at the time of the transfer.

G. At the present time (1Q96) contamination with NRC licensed material (Cs-137) is present in and around Building 16 at the Murray Hill location, the site of licensed work prior to the opening of the current 1G Radiation Lab. The decontamination work was initiated 3Q95 and is continuing. The work is being done as part of normallicense operations, independent of the corporate restructuring.

The decontamination was described in the Decommissioning Plan submitted 7/25/90. Its scope and regulatory requirements also were discussed in a phone conversation between John D. Kinneman and John E. Riley on 6/7/95.

With this exception, there are no additional plans for decontamination of AT&T's facilities prior to the transfer of the facilities to Lucent Technologies. Except for certain contingent liabilities in excess of $100 million wherein there is a sharing of costs, Lucent Technologies has agreed to indemnify, defend and hold harmless AT&T Corp. from and against all liabilities relating to, arising out of or resulting from j

i the failure of Lucent Technologies to pay, perform or otherwise promptly discharge any environmentalliabilities arising out of or resulting from the operation of the i

Lucent Technologies business.

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April 16,1996 i

i H. A Consolida*ed Decommissioning Funding Plan was submitted to the U.S. Nuclear Regulatory Commission on July 25,1990. Lucent Technologies agrees to assume -

responsibility for this Plan and it presently is in the process of transferring the Letter of Credit associated with the Plan from AT&T's name to Lucent Technologies name.

i 1.

Lucent Technologies agrees to abide by all constraints, conditions, requirements, commitments and representations identified in the existing licenses. These include, but are not limited to: maintaining decommissioning records required by i

10CFR30.35(g), and implementing decontamination activities and decommissioning of the sites when they are no longer being used. No corrective actions for open l

inspection items and enforcement actions are outstanding.

l J. The documentation that both the transferor and the transferee agree to the change in ownership or control of the licensed material and activity, and the conditions of transfer was contained in the January 15,1996, letter sent to you (Attachment B).

K. Amendment to the standby trust agreement and letter of credit has been requested of United Jersey Bank. This is expected to take place before the end of April,1996.

We will forward the additional information on items D, E, and K as soon as it becomes available to us.

Very truly yours,

]b John J. Kissane CC Case file 48067-3.1 Radiation Protection Committee l

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Bell Labs Radiation Protection Program Lines of Organization and Communication l

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• President, Bell Labs 4--------

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Carl Hsu

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i Engineering and Environmental i

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• Technologies Vice President

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Chair Radiation Protection Committee l

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l Supervisor, Ionizing Radiation Team l

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John Riley, Jr.

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600 Mountain Avenue RO. Box 636 Murray Hill, NJ 07974-0636

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908 582-3000 i

i January 15,1996 i

e Licensing Assistant Section Nuclear Materials Safety Branch U.S. Nuclear Regulatory Commission Region I 475 Allendale Road King of Prussia,PA 19406-1415 Re: SNM-203 l

SMB-1260 29-00170-03 29-00170-04 29 28260-01 f

l To Whom it May Concern:

On January 31,1996, AT&T Corp., the owner of the facilities located at:

- 600 Mountain Avenue, Murray Hill, New Jersey i

- Whippany Road, Whippany, New Jersey

- North Road, Chester, New Jersey

- Crawfords Corner Road, Holmdel, New Jersey

- 555 Union Boulevard, Allentown, Pennsylvania

- 2525 North 12th Street, Reading, Pennsylvania 1

- 6200 East Broad Street, Columbus, Ohio i

- Engineering Research Center at Carter Road, Hopewell Township, New Jersey (hereinafter "the Facilities"), and holder of the licenses referenced above, will transfer ownership Facilities to NS-MPG Inc., a new Delaware corporation that is a wholly-owned subsidiary of AT&T.

We hereby request that the subject licenses be transferred from AT&T to NS4fPG Inc., effective Jan!

In connection with the transfer of the licenses, AT&T Corp. and NS-MPG Inc. agree that, as of 31,1996.

January 31,1996:

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v NS-MPG Inc. will assume responsibility for complying with all terms and conditions under and 1.

payment of all fees for the subject licenses; De facilities contact for the licenses shall remain John E. Riley, Jr. Radiation Safety Officer, 2.

Bell Laboratories,600 Mountain Avenue, Room IF101 A, Murray rlill, NJ 07974 (908) 582 5608.

The license conditions will not L,ange as a result of this transfer of ownership; 3.

AT&T Corp. will maintain the fmancial assurance required for decommissioning until NS4fPG 4.

obtains acceptable fmancial assurance.

31,1996. We will We anticipate that the name of NS-MPG Inc. will change sometime before January notify you of M fmal name in writing as soon as it becomes known to us.

Additionally, the January 31,1996, transfer of assets will be followed by other events that wil 1996, 15 % of NS-MPO Inc. will be sold to the public in an ownership of NS-MPG Inc. In early April initial public offering ("IPO"). Subsequently, in approximately September 1996. AT&T C NS-MPG Inc. and AT&T will thereafter have no ownership interest in NS-MPG Inc. Since the a referenced licenses are now being transferred to NS-MPG Inc., and that corporation will rem of the licenses throughout the IPO and spin-off(only the name of the corporation will have ch our understanding that we will not need to transfer the licenses in connection with the future off. If this is incorrect, please let us know as soon as possible.

Enclosed are cornpleted Form 313's and a check in the amount of S1960.00 in payment o amendment fee as follows:

License Category Fee SNM-203 ID

$280 SMB-1260 2C

$400 29-00170-03 3L

$640 29-00170-04 3E

$350 29-28260-01 3P

$290 If you need additional information concerning the above, please contact J Laboratories,600 Mountain Avenue, Room IF101 A,(908) 582-5608.

to this maner.

Very truly yours, AT&T Corp w

By:

PrintCJehn J. ETssdne

Title:

AssistantSecretary y.I

/

((L5W Print: Alan M.Schlesinger

Title:

Vice President - Environment & Safety 0FFICIAL RECORD COPY ML is 122 907

s 9

o i

1 MAR - 5 1996 I

License Nos.

SNM-203 Docket Nos. 070-00222 SMB-1260 040-08478 l

29-00170-03 030-05224 29-00170-04 030-29523 l

29-28260-01 030-30727 l

John J. Kissane Assistant Secretary AT&T Bell Laboratories 600' Mountain Avenue l

P.O. Box 636 "i

-Murray Hill, NJ 07974-0636

Dear Mr. Kissane:

l This is in reference to your letter dated February 15, 1996, to amend the above referenced licenses.

In order to continue our review, we need the following additional information:

It appears from your letter that a possible change of ownership has occurred.

Provide the following information:

i l

a.

Any planned changes in personnel having control over licensed I

activities (e.g.,' officers of the corporation) and any changes in personnel named in the license such as the radiation safety officer, authorized users, or any other persons identified in previous license applications as responsible for radiation safety of use of l

licensed material.

b.

An indication of whether you will remain in non-licensed business l

without the license.

c.

A complete, clear description of the transaction. The description should include any transfer of stocks or assets, mergers, etc.

i d.

Any planned changes in organization, location, facilities, storage or uses of licensed material, equipment or procedures.

If such changes are to be made, they should be fully described.

e.

A detailed description of any changes in the use, possession or storage of licensed materials.

l f.

An indication of whether all surveillance items and records, (e.g.,

calibrations, leak tests, surveys, inventories and accountability requirements) will be current at the time of transfer.

0FFICIAL RECORD COPY 4

e s

r" a

'w/

J. Kissane AT&T Bell Laboratories g.

A description of the status of the facility.

Specifically, the presence o absence of radioactive contamination should be documented.

If contamination is present, will decontamination occur before transfer? If decontamination does not occur before the transfer, does the successor company agree to assume full liability for the decontamination of the facility?

{

h.

A description of any decontamination plans, including financial assurance arrangements, as required by 10 CFR 30.35, 40.36, and 70.25.

Include information about how the transferee and transferor propose to divide the transferor's assets.

i.

Confirmation that the transferee or successor company agree to abide by all constraints, conditions, requirements, commitments and representations identified in the existing licene. These include, but are not limited to: maintaining decommissioning records required by 10 CFR 30.35(g); implementing decontamination activities and decommissioning of the site; and completing corrective actions for open inspection items and enforcement actions.

If not, the transferee must provide a description of its program to assure compliance with the license and regulations.

j.

Documentation that both the transferor and the transferee agree to the change in ownership or control of the licensed material and activity, and the conditions of transfer, and that the transferee has been made aware of all open inspection items and possible resulting enforcement actions.

k.

An amendment to the standby trust agreement and letter of credit referencing the new name.

We will continue our review upon receipt of this information.

Please reply in duplicate to my attention at the Region I office and refer to Mail Control Nos. 122909, 122910, 122911, 122912, and 122913.

If you have any technical questions regarding this deficiency letter, please call me at (610) 337-5169.

Sincerely, ORIGINAL SIGNED BY:

PENNY A. LANZlSERA Penny Lanzisera Division of Nuclear Materials Safety DOCUMENT NAME:

R:\\WPS\\DLTR\\D2900170.03 i

To receive a copy of this document,ind6cate in the box:

"C" = Copy w/o attach /enci

• E' = Copy w/ attach /enci

• N' = No copy l

0FFICE DNMS/R1 lN DNMS/RI l

l l

NAME Lanzisera PL DATE 03/04/96 03/

/96 03/

/96 03/

/96 0FFICIAL RECORD COPY

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M.

g Bell Laboratories

[

i 600 Mouritain Avenue I

P.O. Box 636 l

Murray Hdl, NJ 07974-0636

(

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908-582-3000 l

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. h Wp-February 15,1996 i

6 r

l Licensing AssistantSection Nuclear Materials Safety Branch

' ~.

U.S. Nuclear Regulatory Commission, Region I 475 Allendale Road King of Prussia, PA' 19406-1415 Re: SNM-203, SMB 1260,29-00170-03,29-00170-04,29-28260-01 l

To Whom It May Concern:

t In a letter dated January 15 we noti 6cd you that our facilities would be transferred from AT&T Corp. to NS-MPG Inc. on January 31,19%. In connection with this transfer of assets, we requessed that the licenses referenced above be transferred to NS-MPG Inc. In that letter we also informed you that we expected the name of NS-MPG Inc. to change near the tinw of the transfer.

'Ihis is to advise you that on February 5,1996, the legal corporate name of NS-MPG Inc. was changed to I

Lucent Technologies Inc. 'Iherefore we request that the name of the licensee be changed to " Bell Laboratories, Division of Lucent Technologies Inc." The balance of the informdion contained in our previous submission to you is unchanged at the present time.

In a phone conversation with Mr. C. Thor Oberg on February 9, we were informed diat the current change requires license amendments. Sandra Kimberly of the License Fee Maugement Branch agreed on February 12 to keep the previously submitted $1960 check for the license amendments you have deemed in your letter of February 5,1996, to be unneeded. The amendment fees associated with the current change are thus already in your possession. Enclosed are the modified NRC 313 forms for each of the licenses.

For additional information, your contact remains the Radiation Safety Officer, John E. Riley, Jr. at 600 j

Mountain Ave., Room IF101A,(908)582-5608.

Very truly yours, N9 9 M

(h g' ' %

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Q N

l R J. hissane

.g-Assistant Secretary

)3.p p JJK/ sam 8

Copy to 9

Antoinctic Bennett N

John E. Riley, Jr.

'y D

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122909 4

0FFICIAl. RECORD COPY ML 10 FEB 2 01996 i

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e NRC FORM 313 U.T"F!UCLEAR REGULATORY COMMISSION APPKOVED BY OMB. NO. 3150M20 EXPinEt $-30-96 p3gy ESTwATED BURDEN PER RESPONSE TO COMPLY WITH TH!S 10 CFR 30 72 33 INFORMATiON COLLECTION ItEOUEST 9 HOURS SUBM TTAL OF THE 34 35 06 39 and 40 nPPLCATION IS NECESSARY TO DETERMINE THAT THE APPLCANT IS OVAUFIED AND THAT ADEQUATE PROCEDURES EXIST TO PROTECT THE PUBLC HEALTH AND SAFETY FORWARD COMMENTS APPLICATION FOR MATERIAL LICENSE ReGARDiNG BURDEN ESTIMATE TO THe iNFORuATiON AND RECORDS MANAGEMENT BRANCH (T 6 F33). US NUCLEAR REGULATORY COMMISSION, WASHINGTON. DC 2055$1J001, AND TO THE PAPERWORK REDUCTION PROJECT (3150 0120). OFFCE OF MANAGEMENT AND BUDGET WASHINGTON DC 20503 INSTRUCTIONS: SEE THE APPROPRIATE LICENSE APPLICATION GUIDE FOR DETAILED INSTRUCTIONS FOR COMPLETING APPLICATION.

SEND TWO COPIES OF 'HE ENTlRE COMPLETED APPLICATION TO THE NRC OFFICE SPECIFIED BELOW. 4 7d - dd%M APPLICAflON FOR DISTRIBUTION OF EXEMPT PRODUCTS FILE APPUCATIONS WITH IF YOU ARE LOCATED IN:

DIVf3lON OF INDUSTRAt AND MEDICAL NUCLEAR SAFETY lLLINOl$. INDIANA, IOWA, MICHIGAN, MINNESOTA, MIS $0VRI, OHIO, OR WISCONSIN, Of fICE OF NUCLE AR MATER;ALS SAFETY AND SAFEGUARDS SEND APPLICATIONS 70; U S NUCLEAR REGUL ATORY COMMISSON WASHINGTON DC 20555 000, MATERIALS LICENSING SECTION ALL OTHER PERSONS FILE APPLICA1 EONS AS FOLLOWS.

601 W ARRENVILLE RD IF YOU ARE LOCATEC IN LISLE. lL 60532 4 351 CONNECTICUT, DELA W ARE. Di$fRICT OF COLUMBIA, M AINE MARYLAND, ALASKA, ARIZONA. ARK /.NSAS, CAUFORNIA. COLORADO. HAW All, IDAHO KANSA$,

MAS $ACHUSETTS, NEW HAMPSHIRE. NEW JER$EY. NEW YORK, PENNSYLVANIA, LOUISIANA. MONT ANA. NEBRA$KA, NEVADA. NEW MEXICO. NORTH DAKOTA.

RHOOE l$dND. OR VERMONT. SEND APPUCATlONS TO OKLAHOMA, OREOON, PACIFIC TRUST TERRITORIES, SOUTH DAKOTA. TEXA$. UTAH.

W ASHING TON. OR WYOMING, SEND APPUCATION$ 70; UCENSiNG ASSISTANT SECTCN NUCLE AR MATER:ALS SAFETY BR ANCH NUCLEAR MATER 6ALS LCENSING SECTON U $ NUCLE AR R?GULATORY COMMtSSION REGION I U S NUCLEAR REGULATORY COMMtSSON REGON IV 475 AtLENDALE RJAD 611 RY AN PLAZA DRIVE, SUITE 400 nlNG OF PRUSSIA DA 19406141$

ARUNGTON TX 76011 6064 ALABAM A. FLORitsA, GEORGIA. I(ENTUCKY. Mi$$L$$1PPI, NORTH C AROUNA. PUERTO ARCO. JOUTH C ARQUNA. TENNES$EE, VIRUNIA. IRGIN ISLANDS, OR WEST VIRGINIA,

$EelD APPUCATIONS TO-NUCLE AR MATERIALS LICENStNG SECTION U S NUCLEAR REGULATORY COMMlSSION REGON H 101 MAR'ETTA STREET NW SUITE 2900 ATL ANTA GA 30323 0*99 PLR$ONS LOCATED IN AGREEMFNT STATE $ $END APP'UCATIONS TO THE U $ NUCLEAR REGULATORY COMMIS$10N ONLY IF THEY WlSH TO POS$ESS AND USE UCENSED M ATERIAL IN STATES $UBJECT TO U $ NUCLEAR REGULATORY COMMi$$10N JURISDICTIONS.

1 TH'S IS AN APPUCATION FOR (Checa appmpnaw nog 2 NAME AND MAluNG ADORESS OF APPUCANT (include Zip cone)

A NrW LCENSE Bell Laboratories SNM-203 Division of Lucent Technologies Inc y

B AMENOMENT TO UCENSE NUMBER 0 RENEW AL OF UCENSE NUMBER 600 Mountain Avenue Murray Hill, NJ 07974-0636 3 ADDRESSiES) WHERE UCENSED MATERfAL WILL OE USED OR POSSESSED 4 NAME OF PERSON TO BE CONTACTED ABOUT THis APPUCATION John E.

Riley, Jr.

TELEPHONE NUMBER (908) 582-5608 SUBMIT ITEMS S THR DUGH 11 ON 81'2 x 11" P APER THE TYPE AND SCOPE OF INFORMATCN TO bE PROVCED IS DESCRIBED IN THE LCENSE APPUCATON GUOE R ADIOACTIVE M ATER> Ag a E+ement and mass number b chemical and/or p*ysical form and c mammum amount 6 PURPOSE (S) FOR WHICH LICENSED M ATERIAL WILL BE USED who wds be possessed at any one time 7

INDIVOUAUS; RESPONS.BLE FOR RADIATION SAFETY PROGR AM AND THEIR C

TR AINING FOR INDtVIDUALS WORKING IN OR FREQUENTING RESTRCTED ARE AS TRAuNG ExPEmENCE 9

F ACIUTIE5 AND EOuiPMENT 10 R ADiAT10N SAFETY PROGR AM l

12 UCENSEE FEES (See to CFR 170 and Snctnon 170 31)

AMOUNT l

11 W ASTE MANAGEMENT FEE CATEGORY 1D jeNCtOSED5280.00 l

13 C ERTIF IC A TlON (Must be compsered by appocanr) THE APPLICANT UNDERST ANDS THAT ALL STATEMENTS AND REPRESENT ATONS MADE IN THIS APPUCATION ARE BINDING l

UPON THE APPL CANT l

THE APPLCANT AND ANY OFFICIAL EXECUTING THIS CERTIFICATON ON BEHALF OF THE APP! CANT NAMED IN ITEM 2 CERTIFY THAT THIS APPUCATON IS PREPARED IN l

CONFORM!TY WTTH T!'LE 10 CODE OF F CDER AL REGULATIONS PARTS 30 32 33 34 35 36 39 AND 40 #ND THAT ALL INFORMATON CONTAINED HEREIN is TRUE AND CDRRE CT TO THE BEST OF THEIR KNOWLEDGE AND BEUEF W ARNING 10 U S C SECTON 1001 ACT OFJUNE 251948 e2 STAT 749 MAAES IT A CRtMINAL OFFE'15E TO MAKE A WIL'. FULLY F ALSE STATEMENT OR REPRESENTATCN TO ANY DEP ARTMENT OR AGENCY OF THE UNfTED STATES AS TO ANY MATTER WITHIN ITS JUR1SDtCTION CERT!FY:NG Og FICER TYPED /PRtNTED NAME AND T!TLE SIGN TURE DATE l

John J.

Kissane, Assistant Secretary Mkg 2//s"///

FOR NRC USCDNLY "

TY PE OF F E E F EE LOG F EE C ATEGDRy AMOUNT RECEIVED CHECK NUMBER COMMENTS APPRO)LD BY DATE GiiiCiiu. AtWhU UUFY ML 10 FEB 2 0 1996*" """ ""*"

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t (FOR LF MS USE)

INFORMATION FROM LTS CETWEEN:

LICENSE FEE MANAGEMENT BR A fJCH, ARM PROGRAM CODE: 22110 AND STATUS C00E: 0 REGIONAL LIC ENSING SECTIONS FEE CATEGORY: 1D EXP. DATE: 20000229 FEE C09MENTS:

DECOM FIN ASSUR REQO: Y LICENSE FEE TRA NSHITT AL A.

REGION 1.

APPLICATION ATT ACHED A P PLIC ANT / L IC E N S EE :

AT&T BELL LAGS.

RECEIVED DATE:

060220 00CKET NO:

7000222 CONTROL NO.:

122907 LICENSE NO.:

SNM-203 ACTION TYPE:

AMENCMENT l

2.

FEE ATTACHED AMOUNT:

CHECK NO.:

COM HNT S l

SIGNED

?M DATA-l B.

LICENSE PEE MANAGEMENY BRANCH (CHECK WHEN MIL E S TONE 03 IS ENTERED /_ /)

l l 1.

FEE C ATEGDRY AND AMOUNT: /_ d _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _U 6 2.

CORDECT FEE PAID.

APPLICATION M AY 3E PROCESSED FOR:

AMENoMENT RENEWAL LICENSE 3.

cTHER SIGNED

____f/<.y'Ec________________._____

DATE x(R tos_____ h E __T______

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