ML20195C343
| ML20195C343 | |
| Person / Time | |
|---|---|
| Issue date: | 06/03/1999 |
| From: | Vietticook A NRC OFFICE OF THE SECRETARY (SECY) |
| To: | |
| Shared Package | |
| ML20195C349 | List: |
| References | |
| REF-10CFR9.7 SECY-98-251-C, SECY-99-057-C, SECY-99-57-C, NUDOCS 9906080094 | |
| Download: ML20195C343 (2) | |
Text
{{#Wiki_filter:, ,a...................... l RELEASED TO THE PDR ((* " ,,n UNITED STATES h[L{ fQQ M, NUCLEAR REGULATORY COMMIS$10N I u waswnareu.o.C. sosswooo, g, / date lhitials U' .......................a .,,,,+ June 3,1999 SECRETARY COMMI9 ION VOTING RECORD j DECISION ITEM: SECY-99-057 TITLE: SUPPLEMENT TO SELY-98-251, " DECOMMISSIONING CRITERIA FOR WEST VALLEY" The Commission (with all Commissioners agreeing) approved the subject paper as recorded in the Staff Requirements Memorandum (SRM) of June 3,1999. This Record contains a summary of voting on this matter together with the individual vote sheets, views and comments of the Commission, and the SRM of June 3,1999. leni ~ Annette Vietti-Cook Secretary of the Commission Attachments:
- 1. Voting Summary
- 2. CommLsioner Vote Sheets
- 3. Final SRM cc:
Chairman Jackson Commissioner Dicus Commissioner Diaz Commissioner McGaffigan Commissioner Merrifield OGC \\ Qp \\ EDO PDR DCS (C Obd 990608oo94 990603 PDR COPMS letCC CORRESPONDEMCE PDR a
e 1 l VOTING
SUMMARY
- SECY-99-057 RECORDED VOTES 1
NOT APRVD DISAPRVD ABSTAIN PARTICIP COMMENTS DATE CHRM. JACKSON X X 3/26/99 COMR. DICUS X. X 4/6/99 ) COMR. DIAZ X X 4/14/99 COMR. McGAFFIGAN X X 4/27/99 COMR. MERRIFIELD X X 3/19/99 COMMENT RESOLUTION in their vote sheets, Commissioners Dicus, Diaz, and McGaffigan approved recommendation 1.(a) to apply the License Termination Rufe now as the decommissioning criteria for the WVDP - site. Chairman Jackson and Commissioner Merrifield approved option 1.(b) issue proposed criteria now with final criteria to be prescribed after issuance of the final EIS. All Commissioners approved recommendations 2. and 3. Subsequently, the comments of the Commission were incorporated into the guidance to staff as reflected in the SRM issued on June 3,1999.
1 NOTATION VOTE RESPONSE SHEET-TO: Annette Vietti-Cook, Secretary FROM: CHAIRMAN JACKSON
SUBJECT:
SECY-99-057 - SUPPLEMENT TO SECY-98-251, J " DECOMMISSIONING CRITERIA FOR WEST VALLEY" w/ comment Approved X Disapproved Abstain Not Participating COMMENTS: SEE ATTACHED COMMENT SIGNATORE March 26,1999 DATE Entered on "AS" Yes No fV0b6YN
) l Chairman Jackson's Comments l approve prescription of the original broad criteria presented in SECY-98-251, with the final criteria to be prescribed after issuance of the final Environmental Impact Statement (EIS), but . before the record of decision. Use of the existing License Termination Rule (LTR) criteria for j decommissioning at West Valley is appropriate and provides consistency with other NRC-i licensed cleanup activities. However, the GEIS for the LTR did not consider a situation representative of West Valley. Therefore, the additional NEPA support provided by the ongoing i EIS process appears ne:essary to guide the NRC prescription of the criteria, f in addition, prescribing criteria at this time Or closure or long-term care of the remaining NYSERDA portion of the site licensed by tra NRC represents a broad approach that meshes { with the ongoing EIS. This approach avoids postponing prescription of onsite disposal criteria to ] a later date and unnecessarily jeopardizing New York State once the DC4E withdraws. The ( narrow approach of prescribing only LTR criteria to the DOE now would not address clean-up of j the entire site and would not cover NYSERDA responsibilities. Although the supplemental paper clarified many aspects of this action, there remains an area that needs additional focus. As evident in the January 12,1999, briefing, there is some -{ misunderstanding of the incidental waste criteria by NYSERDA and DOE The staff should j clarify that the incidental waste criteria only require the waste to be managed such that the { performance objectives of Part 61 are satisfied and the Class C waste concentration limits are met. The incidental waste criteria do not include specific provisions for the use of alternative waste concentrations and characteristics provided in 10 CFR 61.58. j Furthermore, I agree that the proposed Commission decision on the decommissioning criteria can be transmitted to DOE by public letter. The letter also should state clearly what the NRC role will be in determining whether the DOE has completed decontamination and decommissioning for the WVDP. Although the staff indicates that the WVDP Act gives the NRC no authority to enforce a completion determination, a review of a DOE Completion Report or { similar document should be performed as envisioned by the House of Representatives during consideration of the bill. However, using a public letter to prescribe the final criteria would not allow for further public comment. On the other hand, as OGC concludes, the WVDP Act provides no NRC licensing authority over the DOE, and as such, no authority to order the DOE to take or refrain from taking specific actions. Therefore, for the final criteria, the staff should use the Policy Statement option, with the statement first issued as draft to allow for public comment. In addition, concomitant to > issuing the draft statement, the Commission should schedule's public meeting to solicit' comment from appropriate parties. Regu'latory alternatives for potential long-term control of the site were presented for the Commission's information in SECY 98-251. These should not be included in any criteria prescribed at this time. Although I recognize the need for long-term control of the site, speculating on alternatives at this time has raised unnecessary controversy, appears to be premature, and could prejudge the evereual outcome of the EIS on closure of West Valley and associated Commission deliberations. Lastly, I approve of the staffs plan to enter into an office-level cooperative agreement with NYSDEC regarding the West Valley site.
n '~' NOTATION VOTE 4 RESPONSE SHEET TO: Annette Vietti-Cook, Secretary FROM: COMMISSIONER DICUS
SUBJECT:
SECY-99-057 - SUPPLEMENT TO SECY-98-251, " DECOMMISSIONING CRITERIA FOR WEST VALLEY" Approved X Disapproved Abstain Not Participating COMMENTS: b m J % 4, _ nd~ h u O,- ' 4ATURF.VJ &C /99 9 DATE Entered on "AS" Yes >( No 99crgormy
P Commissioner Dieus' comments on SECY-99-057: The following constitutes my vote on SECYs 98 251 and 99-057.
- 1. I approve the prescription of the License Termination Rule (LTR) nc.v as the final.
dacommissioning criteria applicable to the DOE West Valley Demonstration Project (WVDP).
- 2. The LTR criteria should be applied to the entire site.
- 3. The Commission decision on decommissioning criteria should be published for comment as a proposed policy statement.
- 4. After finalization of the Commission decision on decommissioning criteria, the decision should be transmitted to the DOE by public letter.
- 5. Following termination of the WVDP, staff should reinstate the NRC license for the purpose of regulating license termination activities and overseeing radioactive wastes that are stored on the site,
- 6. Staff should enter into an office-level cooperative agreement with NYSDEC regarding the West Valley site.
I do not approve on-site disposal of any WVDP wastes. While removal of this option has serious cost consequences and significant implications with respect to radioactive wastes that have been disposed at the West Valley site, I conclude that these impacts are offset by the , potential consequences of using the West Valley site Mr disposal. There is a severe erosion threat to the site. Controlling this threat will require continued active maintenance of the site. While DOF regulations provide for long term instittitional control, the significant radiological consequences that would result, should the active maintenance program be lost, render this option unacceptable. Therefore, the mdioactive wastes generated as a result of the WVDP should be disposed off-site to the extent that the wastes can be accepted at off-site facilities. For those wastes that cannot be disposed to off-site facilities, I approve temporary storage only at the West Valley site until such time as off site disposal or transfer arrangements are made. 1 l j
c- ^2 ~ NOTATION VOTE l FRESPONSE SHEET .TO: Annette Vietti-Cook, Secretary FROM: COMMISSIONER DIAZ i
SUBJECT:
SECY-99-057 - SUPPLEMENT TO SECY-98-251, J " DECOMMISSIONING CRITERIA FOR WEST VALLEY" i Approved X Disapproved Abstain Not Participating COMMENTS. See attached comments. i J SIGNATURM l 4/ l4 /99 DATE Entered on "AS" Yes X No
COMMISSIONER DIAZ's COMMENTS ON SECY-98-251: " DECOMMISSIONING CRITERIA FOR WEST VALLEY" AND SECY-99-057: " SUPPLEMENT TO SECY 251, ' DECOMMISSIONING CRITERIA FOR WEST VALLEY'" l The following comments are my combined vote on SECYs 98-251 and 99-057: 1. . I approve prescribing the License Termination Rule (LTR) as the decommissioning . criteria for the Department of Energy West Valley Demonstration Project. The use of the LTR is appropriate because it is the Commission's clearest and most comprehensive statement on what is adequately protective of public health and safety in the realm of decommissioning. Prescribing this standard is also important for reinforcing regulatory consistency and predictability over the long term. After the New York State Energy Research and Development Authority (NYSERDA) license has been reactivated, the licensee may desire to decommission all or part of the West Valley site. In such a case, the LTR would provide the decommissioning criteria. ( 2. I approve issuance of a draft Policy Statement for public comment. In addition, we should inform DOE and make the transmittal letter public. 3. I approve the staff's plan to enter into an Office-level cooperative agreement with New York State Department of Environmental Conservation (NYSDEC) regarding the West Vallay site. i i j l}}