ML20197G582
| ML20197G582 | |
| Person / Time | |
|---|---|
| Site: | 07003085 |
| Issue date: | 12/04/1998 |
| From: | Jim Hickey NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | |
| Shared Package | |
| ML20197G579 | List: |
| References | |
| NUDOCS 9812090075 | |
| Download: ML20197G582 (5) | |
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December 4, 1998 i 7
i FQR FURTHER INFORMATION CONTACT: Dominick A. Orlando, Low-Level Waste and Decommissioning Projects Branch, Division of Waste Management, Office of Nuclear Material i Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington DC 20555-0001, t telephone (301) 415-6749. j Dated at Rockville, Maryland, this day of December ,1998. !
FOR THE NUCLEAR REGULATORY COMMISSION
[ Original signed by)
John W. N. Hickey, Chief Low-Level Waste and Decommissioning Projects Branch '
Division of Waste Management .
Office of Nuclear Material Safety I and Safeguards DISTRIBUTION:
Central File LLDP r/f NMSS r/f DWM r/f PUBLIC TJackson, RI TMadden, OCA, RBellamy, RI SGagner,OPA ,
- See Previous concurrence i DOCUMENPNAME:s:
OFC LLDI LLDP* LLDP* OGC* IM /J NAME DOrl4! o JCopeland RNelson J, key DATE 11 12/98 11/12 /98 11/12 /98 11 /16 /98 /// /98 OFFICIAL RECORD COPY ACNW: YES _ NO _
IG : YES _ NO _ Delete file after distribution: Yes _ No _ t LSS:YES _ NO _
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9812090075 981204 "
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NUCLEAR, REGULATORY COMMISSION [7590-01-P] ,
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[ Docket No.: 070-3085) l ACTION: Notice of Consideration of Amenr1 ment Request for the Babcock and Wilcox Shallow Land Disposal Area in Parks Township, Pennsylvania, and Opportunity for a j l Hearing l
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l i The U.S. Nuclear Regulatory Commission is considering issuance of an amendment to l Special Nuclear Materials License SNM-2001(SNM-2001) issued to the Babcock and Wilcox Company (B&W) establishing the date that B&W will submit a decommissioning plan for the
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Shallow Land Disposal Area (SLDA) to NRC. This amendment does not pertain to NRC's i substantive review of the decommissioning plan itself or the merits of any decommissioning i l
l alternative that has been proposed for the site in past. Once B&W has submitted a
. decommissioning plan for NRC review, NRC will publish a separate notice and opportunity for a hearing on the decommissioning plan itself, in addition, the amendment, and opportunity for a hearing, does not pertain to the adjacent Parks Operating facility, which is administered under a separate license (SNM-414).
The SLDA is located in Armstrong County, PA, approximately 23 miles east-northeast of l Pittsburgh. The SLDA consists of ten waste disposal trenches comprising approximately 1.2 acres surrounded by a 40-acre fenced buffer area. The SLDA was formerly owned by Nuclear I
l Materials and Equipment Corporation (NUMEC) which also operated the nearby Apollo Nuclear l
l Fuel Fabrication Facility, in the 1960s and 1970s, the SLDA was used by NUMEC to dispose of l
radioactively contaminated (primarily uranium and thorium) and non-radioactive wastes in accordance with NRC regulations at 10 CFR 20.304. NRC rescinded 10 CFR 20.304 in 1981. In 1967, Atlantic Richfield Company (ARCO) purchased stock in NUMEC and then sold it to B&W
. in 1971. In September 1994, B&W submitted several remediation alternatives for the SLDA to NRC. B&W's preferred alternative was to stabilize the waste in place by covering the buried waste with a soil and synthetic cover and isolating the waste from the groundwater with slurry I
walls, grout curtains and other engineered barriers. Based on B&W's proposed alternative for decommissioning the SLDA, NRC published a notice in the Federal Register announcing NRC's intent to develop an Environmental Impact Statement (EIS) for the decommissioning of the site.
In August 1997. NRC completed development of a draft EIS (DEIS) and published a Notice of Availability in the Federal Register on September 4,1997. NRC withdrew the DElS on September 24,1997, so that NRC staff could develop additionalinformation regarding the alternatives presented in the DEIS.
On July 9,1998, B&W submitted a request to NRC to amend its license, SNM-2001, to '
require that B&W submit a decommissioning plan for the SLDA to NRC by December 6,2000.
On August 3,1998, NRC staff informed B&W that it would need to provide NRC with justification for this date. On October 13,1998, B&W provided this justification. Therefore, NRC has determined that B&W's July 91998, and October 13,1998, constitute a complete request to amend SNM-2001. However, NRC has not made a final determination on whether the request is acceptable and NRC will continue to review the request in accordance with the criteria in NRC regulations at 10 CFR 70.38(g)(2).
The NRC hereby provides notice that this is a proceeding on an application for amendment of a license falling within the scope of Subpart L " Informal Hearing Procedures for l
Adjudication in Materials Licensing Proceedings," of NRC's rules and practice for domestic licensing proceedings in 10 CFR Part 2. Pursuant to 92.1205(a), any person whose interest may be affected by this proceeding may file a request for a hearing in accordance with Q2.1205(d). A request for a hearing must be filed within thirty (30) days of the date of 1
publication of this Federal Reoister notice, l The request for a hearing must be filed with the Office of the Secretary either:
- 1. By delivery to the U.S. Nuclear Regulatory Commission, One White Flint North, 11555 Rockville Pike, Rockville, MD 20852-2738 between 7:45 am and 4:15 pm Federal workdays; or 1
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By mail or telegram addressed to the Secretary, U.S. Nuclear Regulatory l 1
i Commission, Washington, DC 20555. Attention: Rulemaking and Adjudications l Branch !
In addition to meeting other applicable requirements of 10 CFR Part 2 of the NRC's !
regulations, a request for a hearing filed by a person other than an applicant must describe in l
detail: l l
- 1. The interest of the requester in the proceeding;
- 2. How that interest may be affected by the results of the proceeding, including the reasons why the requestor should be permitted a hearing, with particular reference i
to the factors set out in 2.1205(h);
- 3. The requester's areas of concern about the licensing activity that is the subject i.
matter of the proceeding; and
- 4. The circumstances establishing that the request for a hearing is timely in accordance -
with 62.1205(d).
i l l In accordance with 10 CPR 62.1205(f), each request for a hearing must also be served, 1 l
l by delivering it personally or by mail, to:
- 1. The applicant, BWX Technologies, P.O. Box 11165, Lynchburg, Va. 24506-1165 Attention: Mr. Philip Rosenthal; and
- 2. The NRC staff, by delivery to the Executive Director for Operations, One White Flint North,11555 Rockville Pike, Rockville, MD 20852, or by mail, addressed to the Executive Director for Operations, U.S. Nuclear Regulatory Commission, ,
- t. l l Washington, DC 20555.
For further details with respect to this action, the license amendment request is available for inspection at the NRC's Public Document Room,2120 L Street N.W., Washinston, D.C.
20555.
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FOR FURTHER INFORMATION CONTACT: Dominick A. Orlando, Low-Level Waste and Decommissioning Projects Branch, Division of Waste Management, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington DC 20555-0001, telephone (301) 415-6749. ,
o, Dated at Rockville, Maryland, this day of December, 1998. I FOR THE NUCLEAR REGULATORY COMMISSION q, f l John W.N. Hickey, Chief Low-Level Waste and Decommissioning ,
Projects Branch i Division of Waste Management Office of Nuclear Material Safety and Safeguards !
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8 BWX Technologies, Inc, mecca a weci a vcsemen com:ry saw swees. tac.
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- VA 245061'66 tfich*>.E*3 KKO (004i52 October 1.1,1998 R98-042 Mr. John W. N. Mickey, Chief Low Lesel Waste and Decommissioning SNM-2001 Projects Branch Docket No. 70 3085 Division of Waste Management U. S. Nuclear Regulatory Commission Washington, D. C. 20555
Dear Mr. Hickey:
RE: PARKS SIIALLOW !.AND D:SPOSAL AREA NLDA)
Reference:
(a) NRC Lener (J.W.N. Hickey) to BWXT(P.R. Rosenthal), dated August 3,1998.
(b) DWXT letter R98-039 (P.R. Rosenthal) to NRC (D.A. Orlando). dated July 9, 1998.
(c) NKl. letter (J.W N Hickey I to BWXT (P.R. Rosenthal), dated May 11.1998.
Dear Mr. Hickey:
This is in response to your letter of Reference (a) and concems BWXT's licena amendment request, Reference (b). t he license amendment of Reference (b), when appioved, would autho41rc the submittal of a Decommissioning Plan for the SLDA by December 6,2000. In summary, your letter of Reference (a) requests that BWXr provide justification for submittal of a Decommissioning Plan for the St D A beyond the 12 manth timeframe required by 10CFR70.38.
On Jue 16,1998, represertatises of DWXT and ARCO met with the NRC staff to discuss techttical issues associated with developing a Decommissionirg Plan for the SLDA, the NRC's License Termination Rule (10C1'R20 Subpart E), and its impact on the decommissioning of the St.DA. Prior to the submittal of Reference (b), members of the SLDA Pmject Management Team (PMT) prepared a milestone schedule for the preparation of the SLDA Decommissioning Plan utilizing guidance provided by the NRC, Reference (c), and infonnation gained during our meeting of June 16, 1998 The milestone schedule renects that the time required to prepare a decommissioning plan in the case of the SLDA is significantly impacted by thite elements: ,
- 1. Performance of an Ahematise Analysis !
- 2. Development of propo>ed Institutional Controls
- 3. Performance of a Public Participation Program l
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P The attemative analysis includes esaluation.< of the var.ous attematnes l'or i the 91 DA. 'This element of the decommissioning plan will build upon l
analyses presiously submitted to the NRC and will a'.so include an alternative l suggested by the NRC. In addition, an analysis will be performed of an j ahemative poposed by the Fcansy!vania Depanment of Environmental :
Protection durmg our meeting of June 16, 1998. the altematives aralyses ,
report will address the criteria contained in 10CFR20, Subpa:t E. The PMT !
l l estimates that the alterr.ative cnalysis wil! take approximately one year to l l complete.
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- b. The milestone schedule allocates six memhs time tu identify arid iride l provisions for institutional controls as described ,by 10CFR20.1403(b) and (e). Please note that the institutional controls cannot be completely identified )
! until aRer the altematives analysic has been completed and the preferred i a'temative has been selected. :
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- c. As you know the PMT has been providing information to the public and i seeking public advice since the start of the pmject and continues with this !
course. The PMT has scheduled six months for the public r.trticipation program as described by 10CFR20.1403(d). In the case of the SilA, we believe thct six mor.ths tirr.e to establish and convene a site specific Advisory Board (SSAB), allows the SSAB time to adopt a charte( and operating l
procedures, prosidh adequate notice and hold public mettings, evaluate l public comments, provide advice to BWXT and ARCO, and allow for evaluation' incorporation of the adsice rcccived, to be the minimum necessary. Please note th.st seeking public advice on inuitutional controls cannot begin until the proposed institutional controls base been developed.
While there are other elements of the decommissioninE plan that cannot be properly completed until the attemative analysis has been completed, the elements discussed above present the greatest time ennstraints Since the SLDA presents no immediat: thrcut to the health and safety of the public, approval of an l I altemat- ecbedule for submittal of a decommissioning plan presents no undue risk to the public health and safety. In addition, BWX l and AKCU beliese that it would be in the public interest to allow sullicient time to complete the alternatives analysis and other elements of the decommissioning plan as required by 10CFR20.1403. :
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( In conclusion,- B WXT requests that the arnendmen: request of Reference (b) he approved under the provisigec of 10CFR70.38 (g)(2). If you need any additional information concerning tMs request. j please contact the undersigned.- ;
Sincerely, I
i- B&W SF.RVICES, INC. !
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Philip R. Rosenthal l Senior Project Manager i Cc: K. B. Schoen - ARCO !
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