ML20195H268
| ML20195H268 | |
| Person / Time | |
|---|---|
| Issue date: | 06/10/1988 |
| From: | Lohaus P NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | Meyers W ENERGY, DEPT. OF |
| References | |
| REF-WM-5 NUDOCS 8806280255 | |
| Download: ML20195H268 (1) | |
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S MEYERS l
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i Mr. William C. Meyers, Chief Programs and R&D Branch U.S. Department of Energy Albuquerque Operations Office P.O. Box 5400 Albuquerque, New Mexico 87115
Dear Mr. Meyers:
The NRC has reviewed Modification M006 to Cooperative Agreement No.
DE-FC04-83L19454 between the U.S. Department of Energy and the State of Wyoming. Based on our review, the NRC requested one change to the 1
modification which was agreed to in a discussion with Elaine Y. Herrera of your staff. Specifically, the NRC requested that for accuracy, the "EPA" i
should be deleted from the last line of Section B.2. under the new Article XXXI. As a result, we have concurred on the enclosed Modification M006 with the understanding that the agreed upon change be made in this document prior to implementation.
If you have any questions in this regard, please contact Sandra L. Wastler of igy staff on FTS 492 0582.
l Sincerely,
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Paul H. Lohaus, Chief Operctions Branch
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Division of Low-Level Waste Management and Decor.rnissioning
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Department of Energy Albuquerque Operations Office
.s P.O. Box 6400 Albuquerque, New Mexico 87115 APR 21 1988 Mr. Malcolm Knapp Low Level Waste and Uranium Recovery Projects Branch Division of Waste Management Office of Nuclear Material Safety and Safeguards U. S. Nuclear Regulatory Commission Washington, D.C.
20555
Dear Mr. Knapp:
Enclosed for your concurrence is Modification M006 to Cooperative Agree-ment No. DE-FC04-83AL19454 between the U. S. Department of Energy and State of Wyoming. This modification incorporates a new Article XXXI, incorporates cost-sharing language to Article IV, and revises the cost-sharing language in Article VI.
After your concurrence, keep one copy of the modification and return the other three (3) originally signed copies to this office. -
If you have any questions regarding this modification, you may contact Elaine Y. Herrera of my staff at FTS 846-4302.
Sincerely, gipp fh William C.
drs Chief, Programs and R&D Branch Contracts & Industrial Relations Division Contracting Of ficer Enclosure cc w/o enclosure:
W. John Arthur, UMTRA P. O.
MODIFICATION OF COOPERATIVE AGREEMENT Page 1 of 6 1.
Modification No, M006 2.
Effective Date PR 21 G88 3.
Purchase Request No.:
4.
Cooperative Agreement No. DE-FC04-83AL19454 No PR 5.
Issued By:
6.
State:
Department of Energy State of Wyoming Albuquerque Operations Office Land Quality Division Contracts & Industrial Relations Div.
Department of Environmental Quality P. O. Box 5400 122 West 25th Herschler Bldg.
Albuquerque NM 87115 Cheyenne, WY 82002 7.
Accounting and Appropriation Data / DOE Funds:
N/A 8.
This agreement is entered into pursuant to authority of Uranium Mill Tailings Radiation Control Act of 1978, Public Law 95-604.
It modifies the above numbered Cooperative Agreement as set forth in Block 9.
9.
Description of Modification:
See Continuation Pages Except as provided herein, all terms and conditions of the document referenced in Block 4, as heretofore changed, remain unchanged and in full force and effect.
10.
State is required to sign this document and return four copies to issuing office.
11.
State of Wyoming 12.
United States of America ja M7 By:
_, d 4 *-
TSignature of PerEn Authorized William'C'. Mey(rg/
to Sign)
Contracting Of M er Chief, Programs and R6D Branch Contracts & Industrial Relations Division Governor 4/14/88 APR 21 1988 Title Date Date
^
13.
Nuc1 Regulatory nission By
[
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h (Signa ~ture)
Paul H. Lohaus JJN I 0128 Title of Signer Date Signed Chief, Operations Branch Division of Low-Level Waste Management and Decommissioning
Modification No. M006 U. S. Department of Energy Agreement No. DE-FC04-83AL19454 Page 2 of 6 I.
The purposes of this modification are to:
A.
Amend Article I entitled, Definitions, to include additional terms associated with relocation of tailings; B.
Incorporate into the Cooperative Agreement a new Article XXXI Entitled, Commingling of Title I and Title II Tailings (Riverton only), describing responsibilities; C.
Amend Article IV, Payments and Allowable Costs, to incorporate cost-sharing language.
D.
Amend Article VI, Cost Limitation and Obligation of Funds, to revise cost sharing language.
II. The following modifications to the Cooperative Agreement are required to accomplish the purpose specified above:
A.
Article I, Definitions, add paragraphs V. and W. as follows:
V.
The term "Title I" refers to Title I of the Uranium Mill Tailings Radiation Control Act of 1978, Public Law 95-604.
W.
The tern "Title II" refers to Title II of the Uranium Mill Tailings Radiation Control Act of 1978, Public Law 95-604.
B.
The following new Atticle XXXI is hereby incorporated into the Agreement:
"XXXI.
COMMINGLING OF TITLE I AND TITLE II TAILINGS (RIVERTON ONLY)
A.
Responsibilitiec - General 1.
DOE shall provide written notification to U. S. Congress that the mill tailings at the Riverton Millsite (hereinafter referred to as the "Title I Site") will be relocated to and commingled at a Title II Site, subject to the following conditions:
a) NRC approval of a final reclamation plan for the Title I/II commingled portion of the tailings; and b) NRC determination (a concurred in by DOE and the State) that the Title II licensee has adequate bonding / surety to complete stabilization of the commingled portion of the tailings.
Modification No. M006 U. S. Department of Energy Agreement No. DE-FC04-83AL19454 Page 3 of 6 B.
Design / Construction 1
1.
Title I Site - After NRC/ State concurrence, DOE will I
initiate Title I tailings excavation and relocation and restoration of the Title I Site. NRC has agreed that meeting Title II standards at the commingled disposal site will satisfy Title I standards for remedial actions.
l 1
2.
Title II Site - The reclamation plan for the design and construction of the commind ed portion of the mill tailings will be the l
responsibility of the Title II licensee.
NRC will review and approve the j
reclamation plan to assure full compliance with Title II EPA standards.
C.
Environmental Compliance 1.
Title I Site - DOE, in its Environmental Assessment (EA),
will assess the environmental impacts associated with design /
construction and reference the appropriate license documentation and EA prepared by NRC for the Title II site reclamation activities.
2.
Title II Site - NRC, through the licensing action of the Title II licensee, will assess all impacts required by law to be evaluated associated with construction at the Title II Site for the commingled portion of the mill tailings.
D.
Liability for Remediel Action Costs 1.
Title I Site - DOE, per approved cost-sharing agreement with the State will cover costs of excavation of mill tailings from the Title I Site, relocation to the Title II Site, restoration of the Title I Site, and work related to these activitier as more fully described in the Remedial Action Plan.
In addition, DOE and the State will cover incremental costs associated with permanent reclamation of the Title I till tailings at the Title II Site.
Incremental costs shall be defined as those additional stabilization costs incurred as a result of adding Title I mill tailings to the existing Title II mill tailings.
DOE vill bear no liabilities, above those otherwise imposed by law or agreement, associated with permanent reclamation of the Title I/II commingled tailings.
2.
Titic II Site - The Title II licensee will be responsible for all costs associated with reclamation of the Title I/II mill tailings, including obtaining and maintaining adequate surety / bonding as required by NRC, except as stated in D.1. above, to ensure compliance with EPA and other applicable standards. Such bonding shall be effective prior to relocation of the mill tailings.
The NRC shall insure that adequate reclamation bonding is in force to assure decontamination and reclamation of the Title I/ Title II disposal site prior to full completion of mill tailings stabilization in accordance with the Title II licensee's NRC approved reclamation plan.
Modification No. M006 U. S. Department of Energy Agreement No. DE-FC04-83AL19454 Page 4 of 6 E.
Groundwater Protection 1.
Title I Site - DOE is responsible for groundwater protection measures necessary to meet Title I EPA standards at the Title I Site (pending EPA reissuance of remanded standards).
2.
Title II Site - Title II licensee is responsible for groundwater protection measures, including aquifer restoration, necessary to meet Titla II EPA standards for the commingled mill tailings.
F.
Title II Site-Land Use Approval and Ownership The Title II licensee shall provide to DOE, prior to commingling Title I/II mill tailings, written proof of land ownership or other land use approval to accept Title I mill tailings at the Title II Site. The Title II licensee is responsible for the Title I/II commingled portion of the disposal site until such tiue as remedial action is completed. After termination of the Title II license, N9C will determine ownership of the Title II Site.
C.
Article IV Payments and Allowable Costs, is hereby amended as follows:
1.
Delete subparagraphs C, D and E in their entirety and substitute the following:
C.
Except as provided in subparagraphs G and H of this Article, DOE shall make payment for ninety percent (90%) of all allowable costs by advance or reimbursement by Treasury check, and the State shall make payment for ten percent (10%) of all allowable costs by cash contribution. The term "cash contribution" means the State's cash payment from non-Government funds for'its rSare of allowable costs.
Such cash payments:
(1) shall not be included as contributions for any other Government assistance program; (fi) shall not be made from funds paid by the Government under any other Government assistance program; and (iii) shall otherwise conform to the provisions of this Agreement and the Act.
D.
The State shall submit quarterly, or at more frequent intervals by mutual agreement between the State Site Representative and the Contracting Officer, OMB Standard Form 270, "Request for Advance or Reimbursement," to request payment for the DOE share of allowable costs incurred by the State. The State shall submit the OMB Standard Form 270, original and two copies, to the Contracting Officer.
DOE shall promptly make advance by Treasury check pursuant to the article hereof entitled "Advance Payments," or reimbursement by Treasury check, or a combination thereof, as payment to the State for a maximum of ninety percent (90%) of allowable costs.
In lieu of payment by advance or reimbursement by Treasury check, the State may submit an OKB Standard Form 270 snowing allowable costs incurred by the State and requesting that the Contracting Officer offset such costs against the State's share of the total allowable costs.
Modification No. M006 U. S. Department of Energy Agreement No. DE-FC04-83AL19454 Page 5 of 6 E.
DOE shall subrit quarterly, or at more frequent intervals by mutual agreement between the State Site Representative and the Contracting Officer, Standard Form 1114, "Bill for Collection," supported by a statement of allowable costs incurred by DOE. DOE shall submit the Standarc Form 1114, original and two copies, to the State Site Representative. Prompt payment shall be made by the State for the State's share of the allowable costs.
2.
Add the following subparagraphs:
G.
For activities asst,ciated.rith the Riverton M111 site, DOE shall pay 90% of the costs which would incur if the mill tailings were to be stabitized in place, and the State shall pay 10% of the cos.S which would incur if the mill tailings were to be tabilized in place.
The cost for stabilization in place is currently estimated to be $15,202,000.
This estimate may be increased if additional quantities of contaminated material which wouli have impacted the costs for stabilization in place are discovered. DOE shall pay 75% and the State shall pay 25% of additional costs associated witt. movement of the Riverton M111 site tailings offsite. The 75% DOE /25% State cost sharing formula vill apply to all costs above $15,202,000 and up to a maximum total project cost to.
be mutually agreed upon by the State and DOE.
This maximum total project cost will be established as the sum of the following items:
- 1) the low bid, as established by the competitive bidding process, for each of the following subcontracts:
the main remedial action subcontract, the subcontract to perform highway maintenance during remedial action, and the subcontract to make repairs to the bridge over the Little Wind River on Wyoming Highway WYO 136 prior to remedial action; 2) estimated MK-Fergusen Company field management coats; and 3) estimated Riverton Millsite engineering costs, including contingency.
This maximum total project cost is currently estimated to be $23,000,000 (thus making the estimated amount of $12,798,000 to be cost shared 75% DOE /25% State ($28,000,000 -
$15,202,000). Any additional costs incurred above the mutually agreed upon maximum tota? project cost shall be paid in full by the State.
H.
In addition to the cost sharing outlined in subparagraph G above, the following activities associated with th9 Riverton M111 site will be cost-shared entirely on a 90% federal /10% state basis:
vicinity property remedial action; engineering for all vicinity properties; any remedial action for groundwater at the processing site which may be required in the future to comply with re-promulgated EPA water protection standards; site acquisition costs; fees for access or tribal employment paid to the Arapaho and/or Shoshone Indian'2ribes; and incremental costs for stabilization of Title I tailings at the Title II site.
t
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4 Modification No. M006 U. S. Department of Energy Agreement No. DE-FC04-83A1.19454 Page 6 of 6 Amend Article VI, Cost Limita' ion and Obligation of Funds, to D.
c delete subparagraphs D, E'and F and substitute the following:
D.
DOE has obligated funds in the arount of $177,530, for payment of all or part of its share of allowable costs which the State incurs under this Agreement; the parties contemplate that this amount will be sufficient to cover performance through September 30, 1987.
DOE, by separate contractual instrument, will obligate funds in an amount sufficient to pay to DOE contractors and subcontractors DOE's share of those allowable costs which DOE incurs under this Agreement.
DOE shall not be liable to the State in an amount in excess of the funds it has obligated herein for payment to the State; however, the State shall not be required to continue performance of this Agreement beyond such time as such amount obligated by DOE is less than DOE's share, as determined by the percent cost sharing arrangement contained in the Article of this Agreement entitled "Payments and Allowable Costs," of the amount shown in paragraph B.1. of this article.
Prior to each Government fiscal year or from time to time under this Agreement, as necesscry, DOE shall increase the amount of funds obligated by unilateral modification to this Agreement which reflects the increased obligation of funds by DOE.
In the event DOE fails to obligate funds at a level necessary to ensure payment of its share of the total allowable costs to be incurred by the State, the State pursuant to the article of this Agreement entitled "Term and Termination ".
E.
Tha State shall not be required to pay for allowable costs incurred in excesa of the State's share, as determined by the percent cost sharing arrangements contained in the article of this Agreement entitled "Payments snd Allowable Costs", of the Total Cost Limitation as it may be amended from time to time by modification to this Agreement.
DOE shall use its best efforts *o perform its responsibilitics under this A reeement within the F
estimated allevable costs set forth in paragraph B.2. of this article.
However, tiw Government and 00E do cot guarantee the correctness cf any such estimate o'. allowable costs and there shall be no liability on the part of the Government or DOS by reason of errors in the computation of estimates or differences between such estimates and the actual allowable costs.
i F.
DOE shall not be obligated to pay for allowable costs incurred in excess of DOE's share, as determined by the percent cost sharing arrangements contained in the article of this Agreement entitled "Payments and Allowable Costs", of the Total Cost Limitation as it may be amended from time to time by modification to this Agreement.
The State shall use its best efforts to perform its responsibilities under the Agreement within the estimated allowable costs set forth in Paragraph B.1. of this article.
However, the State does not guarantee the correctness of any such estimate of allowable costs and there shall be no liability on the part of the State by reason of errors in the computation of estimates or differences between such estimates and the actual sllowable costs.
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