ML20197C814
| ML20197C814 | |
| Person / Time | |
|---|---|
| Issue date: | 08/27/1998 |
| From: | Bangart R NRC OFFICE OF STATE PROGRAMS (OSP) |
| To: | Aldrich R NEW YORK, STATE OF |
| Shared Package | |
| ML20197C821 | List: |
| References | |
| NUDOCS 9809140215 | |
| Download: ML20197C814 (3) | |
Text
i E
Rita Aldrich, Principal R:diophysicist R diological H:alth Unit Division of Safety and Health New York State Department of Labor NYS Office Campus, Building 12, Room 134-A Albany, NY 12240
Dear Ms. Aldrich:
This is in response to your July 30,1998 letter in which you raised the issue of whether the Nuclear Regulatory Commission (NRC), as the successor to the Atomic Energy Commission (AEC), is responsible for residual contamination from operations conducted under contract with
- I the former AEC.
i The Energy Reorganization Act of 1974 (ERA) abolished the AEC and established the NRC and the Energy Research and Development Administration (ERDA). The ERA also transferred the major functions of the AEC to the NRC and ERDA, giving the NRC jurisdiction over licensing and related authority for byproduct, source material and special nuclear material. At the same time, the ERA gave ERDA jurisdiction over the research and development of various sources of energy to increase the efficiency and reliability of these sources in the use of energy, and to carry out other functions, including but not limited to the AEC's military and production activities.
In 1977, the Department of Energy (DOE) was created and assumed all of ERDA's responsibilities.
The contract you submitted was for the fabrication of uranium rods and contains a provision at Article IV, paragraph 4, as authorized by the Atomic Energy Act of 1946, which states that
" residues" from the processing performed by the contractor were " Government Property;"
however, while responsibility for the fabrication of uranium rods and the residue from that process originally came under the aegis of the AEC, that responsibility was transferred to ERDA in 1974, and finally to DOE in 1977. Responsibility for such residual material from AEC contracts executed in the 1940's is part of the basis for the Surplus Facilities Program and the Formerly Utilized Sites Remedial Action Plan (FUSRAP). At the present time, DOE (or such other Federal agency as Congress designates) is responsible for the remaining residual material (" residues") at such sites.
Sincerely, j
MM8d BY RICHARD L BANGART -
Richard L. Bangart, Director Office of State Programs f
cc:
Charles M. Hardin, CRCPD
,f Distribution:
DIR RF (8S214)
DCD (SP05) r-'ocr - '
{" C !~~ " " f [ _'.
i SDroggitis PDR (YES/)
jg FXCameron, OGC RLBirnton, ASPO NYS Labor File DOCUMENT NAME: G:\\ALDRICH.DMS Ti receive a copy of this document, indicate in the box: "C" dT,pfly Mhout attachm sure "E" = Copy with attachment /enedre "N" = No copy e
OFFICE OSPM]6; O! F@$(
l OGC (7gl OSPX/'l l
NAME DMSollenbot6er:gd PHLolia'ui/ \\
SATreby 7 I RLBangad VI P l DATE 08/f[/98 OEll//98 08/hb8 08#V98 9909140215 980827 OSP FILE CODE: SP-AG-20-3 PDR STPRO ESGNY PDR
tam 849 p
t UNITED STATES g
}
NUCLEAR REGULATORY COMMISSION p
2 WASHINGYON, D.C. 20066 4001
\\
+#
August 27, 1998 Rita Aldrich, Principal Radiophysicist J
Radiological Health Unit Division of Safety and Health J
New York State Department of Labor NYS Office Campus, Building 12, Room 134-A Albany, NY 12240
Dear Ms. Aldrich:
This is in response to your July 30,1998 letter in which you raised the issue of whether the Nuclear Regulatory Commission (NRC), as the successor to the Atomic Energy Commission (AEC), is responsible for residual contamination from operations conducted under contract with the former AEC.
The Energy Reorganization Act of 1974 (ERA) abolished the AEC and established the NRC and i
the Energy Research and Development Administration (ERDA). The ERA also transferred th.,
major functions of the AEC to the NRC and ERDA, giving the NRC jurisdiction over licensing and related authority for byproduct, source material and special nuclear material. At the same time, the ERA gave ERDA jurisdiction over the research and development of various sources of energy to increase the efficiency and reliability of these sources in the use of energy, and to J
carry out other functions, including but not limited to the AEC's military and production activities.
i in 1977, the Department of Energy (DOE) was created and assumed all of ERDA's responsibilities.
The contract you submitted was for the fabrication of uranium rods and contains a provision at Article IV, paragraph 4, as authorized by the Atomic Energy Act of 1946, which states that
" residues" from the processing performed by the contractor were " Government Property;"
however, while responsibility for the fabrication of uranium rods and the residue from that
)
process originally came under the aegis of the AEC, that responsibility was transferred to ERDA in 1974, and finally to DOE in 1977. Responsibility for such residual material from AEC contracts executed in the 1940's is part of the basis for the Surplus Facilities Program and the Formerly Utilized Sites Remedial Action Plan (FUSRAP). At the present time, DOE (or such other Federal agency as Congress designates) is responsible for the remaining residual l
material (" residues") at such sites, Sincerely, idd L /k +
p Richard L. Bangart, Director Office of State Programs cc:
Charles M. Hardin, CRCPD
g: h>
IEXECUTIVETASKMAN ll kb
~~~~~ ---- ~~----.--- ---~~~
~
Mb,
<<< PRINT SCREEN UPDATE FORM >>>
l l !
TASK # - 8S214
--- ---, DATE- 08 /04 / 98 MT !
MAIL CTRL. - 1998 IAbb STARTED - 08/04/98 TASK DUE'- 08/21/98 TASK COMPLETED -
/
/
TASK DESCRIPTION - LTR. TO R. BANGART FROM R. ALDRICH RE: JURISDICTION
~~~~~~~~~~~~~~~~
OVER RESIDUAL MATERIAL
' REQUESTING OFF. - NYDL REQUESTER - ALDRICH WITS -
0 FYP - N
---~~~~~~~~--~~
~~~~~
~~~~
-~~
1 PROG - DMS PERSON -
STAFF LEAD - DMS PROG. AREA -
~~~~
~~~~~~
~~---~~~~~
-~~---~~~~
PROJECT STATUS -
OSP DUE DATE: 8/21/98
-~~~~~~~~~~~--
PLANNED ACC.
-N LEVEL CODE -
1
$1 l I
[{
f[ h dLL be;~d~~
y { g(
syt e.
[tst c t Cf/ L o
I' l'"8
{(>
\\
y,ias /g nyn.K Ad cI
)
l e
%