ML20198K681
| ML20198K681 | |
| Person / Time | |
|---|---|
| Issue date: | 01/07/1998 |
| From: | Joseph Holonich NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | Tillman J ENERGY, DEPT. OF |
| Shared Package | |
| ML20198K684 | List: |
| References | |
| REF-WM-54 NUDOCS 9801150068 | |
| Download: ML20198K681 (8) | |
Text
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N TJack Tillman,IA 1er ,
TJanuaryy ,7. :1998';
L Grand Junction O- e- .
U.S; Department of nergy
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- 2597 3/4 Road ' ' '
- Grand Junction, Colorado 81503 ',1, 5 ^
SUBJECT:
WORKING PROTOCOL FOR LONG-TERMilCENSING OF COMMERCIALE I
- URANIUM MILLS . ' .
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Dear Mr. Tillman:
' E w, a Enclosid please find two sig ed copies of the " License Ter'mination/ Site Trarisfer Protocol -
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Between the U.S. Department of Ene'rgy and the U.S. Nuclear Regulatory Commission."
< This protocol has been under development for the past couple of years by staff from the U.S.
- Nuclear _ Regulatory Commission and t_he U.S. Department of Energy (DOE). It formalizes the successful approach currently being implemented by the NRC and the DOE. Drafts of the -
- protocol were provided to the DOE, and, on November 14,1997, Mr. Virgona, formerly of your :
- staff, informed me that the DOE was in agreement with the enclosed protocol. On January 6, .
- 1998, Mr. Russel Edge, who replaced Mr. Virgona, confirmed DOE's agreement with the -
protocol. Please sign both copies and retum one to me. ,
If you have any questions, please feel free to contact the NRC Project Manager for the protocol, Mr. James Park. Mr. Park can be reached at (301) 415-6699.
. Sincerely,
[0riginal signed by]
Joseph J. Holonich, Chief L Uranium Recovery Branch Division of Waste Management
' Office of Nuclear Material Safety 9901150068 990107 P and Safeguards 54 PDR
Enclosures:
As stated
, - cc1 R.1 Lightner DOE.
il G. Real, DOE /AL
- R. Edge, DOE /GJO _
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... 4 January 7,1998 -
Jack Tillman, Manager Grand Juraction Office U.S. Department of Energy -
2597 3/4 Road h Grand Junction, Colorado 81503 S
SUBJECT:
WORKING PROTOCOL FOR LONG-TERM LICENSING OF COMMERCIAL URANIUM MILLS
Dear Mr. Tillman:
. Enclosed please find two signed copies of the " License Termination / Site Transfer Pmtocol Between the U.S. Department of Energy and the U.S. Nuclear Regulatory Commission."
This protocol has been under development for the past couple of years by staff from the U.S.
Nuclear Regulatory Commission and the U.S. Department of Energy (DOE). It formalizes the successful approach currently being implemented by the NRC and the DOE. Drafts of the protocol were provided to the DOE, and, on November 14,1997, Mr. Virgona, formerly of year staff, informed me that the DOE was in agreement with the enclosed protocol. On January 6, 1998, Mr. Russel Edge, who replaced Mr. Virgona, confirmed DOE's agreement with *.he protocol. Please sign both copies and retum ona to me, if you have any questions, please feel free to contact the NRC Project Manager for the protocol, Mr. James Park. Mr. Park can be reached at (301) 415-6699.
Sincerely,
.-- ll Joseph J. Holonich, Chief Uranium Recove'y Branch Division of Waste Management Office of Nuclear Material Safety and Safeguards
Enclosures:
As stated cc R. Lightner, DOE G. Real, DOE /AL -
R Edge, DOE /GJO v
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. LICENSE TERMINATION / SITE TRANSFER PROTOCOL -
BETWEEN ;
THE U.S. DEPARTMENT OF ENERGY AND THE U.S. NUCLEAR REGULATORY COMMISSION Bedaround ,
Under Title ll of the Uranium Mill Tailings Radiation Control Act of 1978 (UMTRCA), the U.S. Department of Energy (DOE) has a statutory obligation to accept title to uranium and thorium byproduct material disposal sites for long-term surveillance and maintenance if the state in which the site is located does not become the long-term custodian. After termination of the specific license for a Title il site and the acceptance by the U.S. Nuclear Regulatory.
Commission (NRC) of the site's Long-Term Surveillance Plan (LTSP), the site will come under the DOE's general license for custody and long-term care pursuant to 10 CFR 40.28, entitled "Generallicense for custody and long-term care of uranium or thorium byproduct materials disposal sites."
For the DOE to be able to assume its responsibilities as long-term custodian, a series of activities must be accomplished. The accomplishment of these activities in a timely manner will require close cooperation between the DOE and the NRC. The DOE will also be dependent on the current site licensee for information to facilitate the DOE's preparation of the LTSP. Since the DOE has no direct authority over the current licensees, the DOE must look to the NRC for assistance with gaining the cooperation of the licensees, if necessary. Additionally, the DOE _
requires assistance from the NRC in ensuring that any Title ll site deemed ready for transfer to '
the DOE for long-term custody, does not have any outstanding administrative or technical issues, particularly regu!Cory jurisd:ctional issues. <
Purpose The purpose ofinis License Terrr,ination/ Site Transfer Protocolis to identify areas of mutual
- cooperation, necessary for both the DCE and the NRC to assure a smooth transition of Title 11 sites licensed by NRC from the licensee to the DOE. This Protocol will formalize the understandings that have been developed between the DOE and the NRC for the transfer of the Title il sites to the DOE for long-term custody. This Protocol can be viewed as a " safety
- net" that has been established to assure that potentially troublesome or time-consuming issues are not overlooked accidentally during the site transition process.
This Protocol also provides the opportunity for the DOE to present issues to the NRC for the NRC to consider and help resolve in the process, it provides the NRC with an opportunity to
- dentify concems related to long-term licensing early. This will help ensure that the DOE will be able to develop an acceptable response to NRC concems early in the licensing process.-
Enclosure 1
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- 5. The DOE will make every effort to obtain directly from the licensees, site reclamation documentation, at an earlj enough date to allow for the DOE f a develop the Long-Term
. Surveillance Plan (LTSP)in a timely manner that does not desay termination of the current site license. In the event that a current IM:; =ee G .iot forthcoming in providing the DOE with the necessary information for ti nely development of the LTSP, the DOE requests that the NRC exert its influence to assist the DOE in obtairing the necessary information. In the event of a nonexistent licensee, the NRC will provide the DOE with information from NRC files in order to wnte an LTSP.
' 6. The DOE will develop an LTSP of comparable scope and level of detail for Title il sites as the DOE provides for its own Title I sites.
- 7. The DOE and the NRC will work together to eliminate redundant efforts with respect to satisfying any National Environmental Policy Act (NEPA) requirements that may be associated with the Federal action of transferring a Title il site to the DOE.
- 8. The DOE and site licensees will work together in developing an appropriate index of Title 11 site records that should reside in the DOE permanent site file. The NRC will provide any information requested by the DOE that the NRC has readily available.
In addition, as agreed upon in paragraph 5 above, the NRC will work with the DOE to help obtain cny information from licensees.
- 9. Where appropriate, the NRC will work with the DOE and the licensees on the determinations regarding site boundary identification, including boundary decisions for Altemative Concentration Limits, site access using roads currently available, site --
security, monumentation, signs, etc., on a site-by-site basis, as appropriate, to yield final site conditions that enhance the DOE's ability to institutionally control the sites, n The NRC and the DOE will work cooperatively with site licensees prior to termination to -
ensure the acceptability of the site for transfer. If the licensee is unwilling to complete the necessary work, the NRC and the DOE will work together to determine what additional increase will be needed in the long-term care fund to cover the one-time cost of work needed to bring the site to an acceptable condition.
10.
The NRC and the DOE will work with licensecs to assure that all monitor wells that are not required by the license for long-term custody are abandoned in accordance with state law and that all monitor wells that are required for monitoring are equipped with an appropriate cap-locking system, prior to license termination and transfer of the site to the DOE. The NRC and the DOE will work cooperatively with site licensees prior to termination to ensure these final site conditions.
- 11. The NRC will notify the DOE of any inspections of Title 11 sites. The DOE can participate if it so chooses. The NRC is not responsible for any injuries incurred by DOE or DOE contractor personnel while these personnel are participating in or observir . 1 NRC inspection or site visit. Likewise, the DOE willinform the NRC of any site visits.
The NRC can participate if it so chooses. The DOE will report to the NRC any circumstances the DOE identifies during a DOE site visit that the DOE believes may be of concem to the NRC.
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