ML20195C205
| ML20195C205 | |
| Person / Time | |
|---|---|
| Issue date: | 03/19/1999 |
| From: | Merrifield J NRC COMMISSION (OCM) |
| To: | Vietticook A NRC OFFICE OF THE SECRETARY (SECY) |
| Shared Package | |
| ML20195C167 | List: |
| References | |
| SECY-98-251-C, SECY-99-057-C, SECY-99-57-C, NUDOCS 9906080043 | |
| Download: ML20195C205 (2) | |
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NOTATION VOTE RESPONSE SHEET 1
TO:
Annette Vietti-Cook, Secretary FROM:
COMMISSIONER MERRIFIELD
SUBJECT:
SECY-99-057 - SUPPLEMENT TO SECY-98-251,
" DECOMMISSIONING CRITERIA FOR WEST VALLEY" l
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Approved Disapproved Abstain Not Participating COMMENTS:
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F r44e DATE Entered on "AS" Yes / No I
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Commissioner Merrifield's comments:
This is a complex issue involving multiple distinct decisions and two Commission papers (SECY-98-251 and SECY-99-057). The following paragraphs describe my vote on each issue and closes my actions on both Commission papers.
- 1. I approve issuance of the criteria in SECY-98-251 as proposed criteria, with the final criteria to be prescribed after issuance of the final Environmental Impact Statement (EIS), but before the record of decision. Essentially, this decision reflects a desire to rnaintain the previsions of the NRC License Termination Rule but recognizes that there may be unique aspects of this site the NRC should consider before prescribing the final decommissioning criteria. I recognize and agree that whatever decommissioning criteria the NRC accepts for DOE for the 200 acre site should also apply to New York State Energy and Research Development Authority (NYSERDA) once the license is transferred. However, the actual date of the transfer and the criteria for the transfer is subject to negotiations between DOE and NYSERDA. Specific provisions of that negotiated transfer, such as continuing responsibilities of DOE, are not under NRC authority.
- 2. I approve finalizing the decommissioning criteria through a Commission Policy Statement using a process that allows for public comment. I believe that a Policy Statement would be the most efficient manner to establish the criteria, particularly since any rulemaking would only apply to NYSERDA and not DOE. I also believe it is important to observe some formality and to l
receive public input. Therefore I prefer a Commission Policy Statement.
- 3. Once the Commission decision on this matteris finalized, I approve transmittal of the decision to DOE by public letter with a copy provided to all relevant parties.
- 4. In regards to possible implications for reinstating the NRC license if long-term control alternatives are necessary, I prefer keeping a long-term license on the site as opposed to the other options discussed by the staff, i
l S. I approve the staff's plan to enter into an Office-level cooperative agreement with the New l
York State Department of Environmental Conservation (NYSDEC) regarding the West Valley site. The staff should provide a copy of the final agreement to DOE for informational purposes.
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UNITED STATES 3
NUCLEAR REGULATORY COMMISSION 8
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SECRETARY -
MEMORANDUM TO:
William D. Travers I
Executive Director for Operations Karen D. Cyr General Counsel FROM:
Annette Vietti-Cook, Secretary I
SUBJECT:
STAFF REQUIREMENTS - SECY-98-2 1 - DECOMMISSIONING CRITERIA FOR WEST VALLEY and SECY-99-057 - SUPPLEMENT TO SECY-98-251,
" DECOMMISSIONING CRITERIA FOR WEST VALLEY" The Commission has approved applying the License Termination Rule (LTR) now as the decommissioning criteria for the Department of Emrgy West Valley Demonstration Project (WVDP). Furthermore, the LTR eventually should also be applied to the New York State Energy Research and Development Authority (NYSERDA) site once the NYSERDA license is reactivated.
The staff should publish a draft policy statement on the Commission decision on the WVDP
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decommissioning criteria for a 60-day public comment period. To ensure that all interested l
parties are afforded an opportunity to express their views prior to finalization, the staff should schedule a public meeting to solicit public comment on the draft. The staff should ensure that both the draft and final policy statements are provided to the Department of Energy and all relevant parties, including appropriate State agencies, Congressional committees and interested Members and citizens' groups.
(EDO)
(SECY Suspense (draft policy statement):
9/3/99) 1 The staff should enter into en office-level cooperative agreement with the New York State Department of Environmental Conservation NYSDEC) regarding the West Valley site. A copy of the cooperative agreement should be provided to DOE for information purposes. The staff should consider issuing the draft cooperative agreement for public comment before it is finalized.
(EDO)
(SECY Suspense:
6/2/2000)
As follow up to recent Commission correspondence, the staff should inform the New York State Department of Environmental Conservation (NYSDEC), the New York State Energy Research and Development Authority (NYSERDA), and the Coalition on West Valley Nuclear Wastes of the Commission's decision in these matters.
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In SECY-99-057, the staff discusses the regulatory options for finalizing the criteria. From the.
discusson, it can be inferred that since existing criteria are being prescribed, no additional l
environmental analysis is necessary at this time. OGC should provide its legal analysis and concluson that applying the LTR criteria to the WVDP will not require an environmental analysis in accordance with the National Environmental Policy Act.
(OGC)'-
L(SECY Suspense:
9/3/99)
The staff should notify DOE by letter of the Commission's decision conceming these two SECY papers and the public meetings.
cc:
Chairman Jackson Commissioner Dicus-
' Commissioner Diaz -
Commissioner McGaffigan Commissioner Merrifield OGC CIO CFO-OCA i
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Office Directors, Regions, ACRS, ACNW, ASLBP (via E-Mail)
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