ML20151T486
| ML20151T486 | |
| Person / Time | |
|---|---|
| Issue date: | 03/29/1988 |
| From: | Lohaus P NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | Meyers W ENERGY, DEPT. OF |
| Shared Package | |
| ML20151T490 | List: |
| References | |
| REF-WM-5 NUDOCS 8804290043 | |
| Download: ML20151T486 (1) | |
Text
,
_v I' f l -
C00 PAG William C. Meyers, Chief L%R 2 91988 Programs and R&D Branch Contracts and Industrial Relations Division Department of Energy P.O. Box 5400 Albuquerque, NM 87115
Dear Mr. Meyers:
We have received a copy of Modification A005 to Cooperative Agreement No.
DE-FC04-85AL20533 between DOE and New Mexico, and we agree that NRC need not concur in accordance with the Memorandum of Understanding between DOE and NRC in the UMTRA Proj ect.
However, Articic III on page three indicates that you are awaiting NRC concurrence with Modification M003 of this same agreement. At this writing, we have no record of having received Modification M003, nor have we any record of resolution of concerns presented in our letter of December 12, 1985 (Enclosure 1).
I would like to update your addressee files for any future transmittals. We had alerted the project office of the address change in late January, requesting that they forward this information to you (Enclosure 2).
Should you have any questions regarding this transmittal, please contact Giorgio Gnugnoli (FTS 492-0578) of my staff.
Sincerely, l
/
Paul H. Lohaus, Chief Operations Branch Division of Low-Level Waste Management and Decommissioning As stated cc:
J. Turi, DOE /HQ, NE-22 W. J. Arthur III, DOE /AL R. D. Smith, URF0 DISTRIBUTION:
<m>M,sLA06 h NMSS rf LLOB rf GGnugnoli, LLOB MFliegel, LLOB PLohaus, LLOB JSurmeier, LLTB MKearney, LLRB JGreeves, LLVM MKnapp, LLWM DGillen, LLOB EHawkins, URF0 0FC *L ILL
- L 3
NAME G, n li/dfw :M ie 1 as DATE:3 / 3 88
- $ /ff/88
- S /2-3/88 OFFICIAL RECORD C01'Y 8804290043 880329
~
3 PDR WASTE
{
WM-5 DCD
ENCLOSURE 1 DEC 12 ISh,
Mr. John G. Themelis, Project Manager Uranium Mill Tailings Project Office Department of Energy Albuquerque Operations Office P. O. Box 5400 Albuquerque, New Mexico 87115
Dear Mr. Themelis:
Certain recent modifications in the cooperative agreements with the States of Oregon and New Mexico require concurrence by the NRC in our view. Modifications No. A004 to Agreement No. DE-FC04-84AL 20534 dated November 8, 1985 and No. M001 to Agreement No. DE-FC04-85AL 20533 (undated) appear to permit initiation of remedial action prior to execution of a Remedial Action Plan and receipt of NRC concurrence.
Although our Memorandum of Understanding allows 00E to proceed at its own risk with changes to remedial actions, there is no allowance for DOE to proceed with remedial action prior to NRC's concurrence in the selection of such action.
Under these modifications as written, it would appear that the NRC need not concur on a decision to initiate remedial action, which might precede concurrence in the RAP.
In discussing this concern with T. Coalson of DOE /AL/ Contracts and R. Marquez of DOE /AL/ Chief Counsel, it appears that DOE will attempt to execute revisions to all cooperative agreements with the same provision. Mr. Marquez indicated to G. Gnugnoli of my staff that this was only done to initiate cost sharing with the states at an earlier point in the process.
I have no difficulty with the intent, however the potential latitude which the language allows the DOE in conducting remedial action is unacceptable in light of NRC's responsibilities according to UMTRCA, Title I, j
Further discussions resulted in acceptable language to permit NRC concurrence in these two modified cooperative agreements.
Specifically, in the definition paragraphs for "remedial action," item (2) should be revised to read:
(2) With respect to millsites, are conducted after execution of a Remedial Action Plan unless the Contracting Officer and the State Site Representative agree by exchange of correspondence, and with the written consent of the NRC, that such activities should be conducted prior to execution'of a Remedial Action Plan;...
.b
-,b
,?
O y
7___ _ _,_ __..
s
l l
e DEC 12 E65 With the above change in the language of the Oregon and New Mexico cooperative agreements, I concur with the modified agreements as identified above.
Should you have any questions regarding this letter, please contact me or Giorgio Gnugnoli of my staff.
Sincerely, orldnel esse by La B llisenboeam Leo B. Higginbotham, Chief Low-Level Waste and Uranium Recovery Projects Branch Division of Waste Management Office of Nuclear Material and Safety and Safeguards cc J. Baublitz, DOE /HQ James G. Hoyal, Jr., DOE /AL
.