ML20195C389
| ML20195C389 | |
| Person / Time | |
|---|---|
| Issue date: | 04/27/1999 |
| From: | Mcgaffigan E NRC COMMISSION (OCM) |
| To: | Viettacook A NRC OFFICE OF THE SECRETARY (SECY) |
| Shared Package | |
| ML20195C349 | List: |
| References | |
| REF-10CFR9.7 SECY-98-251-C, SECY-99-057-C, SECY-99-57-C, NUDOCS 9906080113 | |
| Download: ML20195C389 (3) | |
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NOTATION VOTE RESPONSE SHEET TO:
Annette Vietti-Cook, Secretary FROM:
COMMISSIONER MCGAFFIGAN
SUBJECT:
SECY-99-057 - SUPPLEMENT TO SECY-98-251,
" DECOMMISSIONING CRITERIA FOR WEST VALLEY"
. Approved Y
Disapproved Abstain Not Participating COMMENTS:
See attached comments.
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OkJ 77, n91 DATE V Entered on "AS" Yes X No W Pold.".n
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Coxihil5sioner McGaffiaan's Coci0icais on SECY-98-251 and SECY-99-057 The following constitutes my vote on both staff papers.1For the reasons set forth below, I join Commissioner Dicus and Commissioner Diaz in support of Option 1(a) in
- SECY-99-057, under which the Commission would prescribe the License Termination L Rule (LTR) (10 CFR 20.1401-1405) now as the' final decommissioning criteria iapplicable to the Department of Energy (DOE) West Valley Demonstration' Project (WVDP)..
But first, I would like to acknowledge the complexity of the issues before us in dealing with this site and to thank all those who have contributed to the clarification of these issues over the past six months. I am proud of the open process which the staff and
- the Commission have utilized to aid our decision-making.
'l support applying the LTR to the WVDP because that is consistent with our approach at NRC-licensed sites subject to Part 20. It is the rule which will apply to the New York f State Energy Research and Development Authority (NYSERDA) once the NRC Part 50 license issued to NYSERDA is reactivated following completion of the WVDP. We should not have one rule for DOE and a different rule for NYSERDA. I would point out
. to all stakeholders that the LTR does make provision for license termination under restricted conditions using institutional controls and for use of attemate criteria for -
license termination with public participation.
Decommissioning of the WVDP is a complex task that will not be complete for many years. I believe that it is not useful to speculate at this time on how to resolve future
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issues which may arise. There is a benefit in not attempting to decide now more than
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' we have to or are prepared to.
That said, it is easy to imagine, based on the data in SECY-98-251, that it will be difficult for DOE to meet the LTR in the WVDP and for NYSERDA to meet the LTR following reactivation of the Part 50 license. I do not discount the possibility that some of the options discussed in SECY-98-251 for long-term control of the site may indeed,
, have to be explored. Hopefully, the discussion of long-term institutional controls at sites
- such as West Valley will have benefitted from the intervening broader dialogue which DOE will have had with its stakeholders on the use of institutional controls in the cleanup of DOE nuclear facilities (pursuant to the settlement reached in NRDC v.
Richardson, Dec.12,1998) and which will likely.take piace in Great Britain as it proceeds with decommissioning of the Dounreay reprocessing facility. At Maxey Flats and at mill tailings sites, " perpetual" institutional controls have been adopted to ensure adequate protection of public health and safety. But it is also possible that new decommissioning' technologies or disposal options may become available that facilitate
- cleanup of sites such as West Valley and ubviate or reduce the need for very long-term
. institutional controls at West Valley.-
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- I agree with Commissioner Dieus that a Commission decision to apply the LTR should be published now as'a proposed policy statement for public comment.' I have no -
objection to the suggestion that the Commission's final decision on the criteria be
- transmitted to DOE by public letter. However, I question whether the letter is necessary since the final policy statement would be published in the Federal Reaister as well. I
- also suggest that copies ~of the draft and final policy statements be provided to.all relevant parties, including the appropriate State agencies, Congressional delegation, and citizens' groups.
11 do not_ support prescribing Part 61 criteria or the cu'trent incidental waste criteria at this time; Decisions on waste management issues are important ones that can be made only when decommissioning of the site is more' complete and answers to certain
_ questions, such as whether it is technically feasible or cost-beneficial to excavate and '
remove certain wastes currently buried at the site, become more apparent.
I have no objection to the staff proposal to enter into an office-level cooperative
-. agreement with the New York State Department of Environmental Conservation regarding the WVDP,' and I agree with Commissioner Merrifield that a copy should be provided to DOE for information purposes. I also suggest that the staff consider issuing
, the draft cooperative agreement for public comment before it is finalized.
1-i NOTATION VOTE RESPONSE SHEET TO:
Annette Vietti-Cook, Secretary FROM:
COMMISSIONER MERRIFIELD
SUBJECT:
SECY-99-057 - SUPPLEMENT TO SECY-98-251,
" DECOMMISSIONING CRITERIA FOR WEST VALLEY" Approved +
Disapproved Abstain Not Participating COMMENTS:
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SIGN MfRg '
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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 maintain the provisions 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 receive public input. Therefore I prefer a Commission Policy Statement.
- 3. Once the Commission decision on this matter is finalized, I approve transmittal of the decision to DOE by public letter with a copy provided to all relevant parties.
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- 4. In regards to possible implications for reinstating the NRC license if mng-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.
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- 5. I approve the staff's plan to enter into an Office-level cooperative agreement with the New 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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UN!TED STATES
,9 NUCLEAR REGULATORY COMMISSION g
g WASHINGTON, D.C. 20555 0001 R
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h-June 3, 1999 SECRETARY MEMORANDUM TO:
William D. Travers k
Executive Director for Operations
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Karen D. Cyr i
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General Counsel FROM:
Annette Vietti-Cook, Secretary gs
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 Energy West Valley Demonstration Project j
(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 decommissioning criteria for a 60-day public comment period. To ensure that allinterested 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 re;evant parties, including appropriate State agencias, Congressional committees and interested j
Members and citizens' groups.
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(EDO)
(SECY Suspense (draft policy statement):
9/3/99)
The staff should enter into an 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 j
and Development Authority (NYSERDA), and the Coalition on West Valley Nuclear Wastes of
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the Commission's decision in these matters.
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- r-In SECY-99-057, the staff discusses the regulatory options for finalizing the criteria. From the p-
- discussion, it can be inferred that since existing criteria are being prescribed, no additional environmental analysis is necessary at this time, OGC should provide its legal analysis and i
conclusion that applying the LTR criteria to the WVDP will not require an environmental analysis in accordance with the National Environmental Policy Act.
(OGC) '
(SECY Suspense:.
9/3/99)
J The staff should notify DOE by letter of the Commissich's decision concerning these two SECY
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papers and the public meetings.
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4 cc:
Chairman Jackson Commissioner Dicus Commissioner Diaz Commissioner McGaffigan Commissioner Merrifield OGC CIO CFO-OCA OlG OPA office Directors, Regions, ACRS, ACNW, ASLBP (via E-Mail)
PDR:
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