ML20202A794
| ML20202A794 | |
| Person / Time | |
|---|---|
| Issue date: | 02/03/1998 |
| From: | James Park NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | Burnham A COLORADO, STATE OF |
| References | |
| REF-WM-5 NUDOCS 9802100168 | |
| Download: ML20202A794 (7) | |
Text
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o Februa ry. 3,1998 State of Colorado Department of Public He'alth and Environment ATTN: Mr. Art Bumham-HMWMD-B2 4300 Cherry Creek Drive, South Denver, Colorado 80246 1530
SUBJECT:
TRANSMITTAL OF " LICENSE TERMINATION / SITE TRANSFER PROTOCOL i
BETWEEN THE U.S. DEPARTMENT OF ENERGY AND THE U.S. NUCLEAR REGULATORY COMMISSION"
Dear Mr. Burnham:
Please find enclosed a copy of the subject document in response to your telephone request of Mr. Daniel Gillen, on February 3,1998. The purpose of this protocolis to identify areas of mutuct cooperation, necessary for both the U.S. Department of Energy (DOE) and the U.S. Nuclear Regulatory Commission to assure a smooth transition of Uranium Mill Tailings Radiation Control Act of 1978 (UMTRCA) Title il sites licensed by NRC from the current licensee to the DOE for long-term care. As you will notice on the signature page of the protocol, NRC is currently awaiting a signed copy from the DOE, If you have any questions about this letter or the enclosure, please contact me. I can be reached at (301) 415-6699.
Sincerely,
[0riginal signed by]
l James R. Park, Project Manager Uranium Recovery Branch Division of Waste Management Office of Nuclear Material -
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Safety and Safeguards
Enclosure:
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WASHINGTON. D.C. 20%tHxc1 February 3,1998 State of Colorado Department of Public Health and Environment-ATTN: Mr. Art Bumham -
HMWMD 4300 Cherry Creek Drive, South Denver, Colorado-80246-1530
SUBJECT:
TRANSMITTAL OF " LICENSE TERMINATION / SITE TRANSFER PROTOCOL BETWEEN THE U.S. DEPARTMENT OF ENERGY AND THE U.S. NUCLEAR REGULATORY COrAMISSION*
Dear Mr. Bumham:
Please find enclosed a copy of the subject document in response to your telephone request of Mr. Daniel Gillen, on February 3,1998. The purpose of this protocolis to identify areas of mutual cooperation, necessary for both the U.S. Department of Energy (DOE) and the U S. Nuclear Reguletory Commission to assure a smooth transition of Uranium Mill Tailings Radiation Control Act of 1978 (UMTRCA) Title 11 sites licensed by NRC from the current licensee to the DOE for long term care.' As you will notice on the signature page of the
_ protocol, NRC is currently awaiting a signed copy from the DOE.
j if you have any questions about this letter or the enclosure, please contact me. - I can be t -
reached at (301) 415-6699.
Sincerely, (2 +
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ames R. Park, Project Menager Uranium Recovery Branch Division of Waste Management Office of Nuclear Material Safety and Safeguards
Enclosure:
As stated
February 3,1998 O
State of Colorado Department of Public HeaPh and Environment ATTN: Mr. Art Bumham HMWMD-82 4300 Cherry Creek Drive, Scuth Denver, Colorado 80246-1530
SUBJECT:
TRANSMITTAL OF " LICENSE TERMINATION / SITE TRANSFER PROTOCOL BETWEEN THE U.S. DEPARTMENT OF ENERGY AND THE U.S. NUCLEAR REGULATORY COMMISSION"
Dear Mr. Bumham:
Please find enr.losed a copy of the subject docun.ent in response to your telephone request of Mr. Dan;el Gillen, on February 3,1998. The purpose of this protocolis to identify areas of mutual cooperation, necessary for both the U.S. Department of Energy (DOE) and the U.S. Nuclear Regulatory Commission to assure a s mooth transition of Uranium Mill Tailinos Radiation Control Act of 1978 (UMTRCA) Title ll sites licensed by NRC from the current licensee to the DOE for long-term care. As you will notice on the signature page of the protocoi, NRC is currently awaiting a signed ccpy from the DOE.
If you have any questions about this letter or the enclosure, please contact me, I can be reached at (301) 415-6699.
Sincerely,
)
[0riginal signed by]
James R. Park Project Manager Uranium Recovery Branch Division of Waste Management Office of Nuclear Material Safety r.nd Safeguards
Enclosure:
As stated DISTRIBUTION: (w/o encl.) File Center PUBLIC NMSS r/f URB r/f JHolonich DGillen DSollentsrger, OSP DOCUMENT NAME: S:\\DWM\\URBURP\\BURNHAM.LTR OFC URB ib JParkN NAME V
DATE 2/J /98 OFFICIAL RECORD COPY I
l
LICENSE TERMINATION / SITE TRANSFER PROTOCOL BEBNEEN l
THE U.S. DEPARTMENT OF ENERGY l
AND i
THE U.S. NUCLEAR REGULATORY COMMISSION j
l.
Backoround Undet Title 11 of the l'ranium 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 custodia.' After termination of the rpecific license for a Title 11 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 generallicense for custody and long-term are pursuant to 10 CFR 40.28, entitled "Generallicense for custody and long-term care of u anium or thorium btproduct 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 curre.it 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 regulatory jurisdictional issues.
Pumose The purpose of this License Termination / Site Transfer Protocolis to identify areas of mutual cooperation, necessary for both the DOE and the NRC to assure a smooth transition of Title ll sites licensed by NRC from t% licensee to the DOE. This Protocol will formalize the understandings that hav9 been developed between the DOE and the NRC for the transfer of the Title 11 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 accidenic@ 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 identify concems related to long-term licensing eariy. This will help ensure that the DOE will be able to develop an acceptable response to NRC concems early in the licensing process.
2 Enclosure 1
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iL P_olicy The NRC and the DOE will work together to identify, as early as practicable, allissues that may
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impact the smooth transfer of Title ll sites to the DOE for long-term custody. The agencies will work together to resolve those issues in keeping with the cooperative spint that has been established in developing this Protocol.
Sqtetfic Item. Covered by License Termination / Site Transfer Protocol.
s 1.
The NRC's role as a regulator of current licensees is to ensure that licensees who hold NRC specific licenses have demonstrated that all applicable NRC requirements have been met and that a suitablo Long-Term Surveillance Flan has beon submitted by the DOE before the NRC will terminate that specific license. The DOE's role as the general licentee is to provide long-term surveillance and maintenance.
2.
The NRC will use the Final Standard Review Plan (SRP) (NRC,1993), to the extent possible, as the standard for review of the Title 11 site reclama'. ion plans. This action will assure the DOE '.at Title ll sites which become the responsibility of the DOE for long-term custody will be reviewed using the same methods that have been applied to Title I sites. The DOE and the NRC recognize that there are some sites where the evaluation of the reclamation design was completed prior to the development of the SRP.
3.
The NRC and the DOE will work together with the U.S. Environmental Protection s
Agency (EPA) to develop an interagency policy on closure and post-closure issues that i
will meet the statutory and regulatory missions and requirements of all three agencies s
for the two NRC-licensed uranium mill sites being remr.diated under UMTRCA which are
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also under the National Priority List: Homestuke/ Grants; UNC/Churchrock. For two I
additional sites, Cotter / Canon City and UMETCO/Uravan, the State of Colorado is the primary regulatory authority. As to these two sites, NRC has a more limited role. The DOE and the NRC also recognize that once all applicable NRC requirements are met, the NRC will not have a basis for denying a request to terminate any specific license.
However, the NRC agrees that before it terminates any license for a site on the National driority List or subject to continuing regulation by the EPA, the NRC willinform the DOE of the pending action, and will, where possible, provide additional time for the DOE to resolve the issue with the EPA.
4.
The NRC and the DOE will work cooperatively with State regulatory authorities and licensees in an attempt to resolve all appropriate groundwater issues prior to temiination of the site-specific license and transfer of the site to the DOE. The process outlined in the protocol has been implemented in the license termination and long-term licensing of the Tennessee Valley Authority Edgemont mill, and the Atlantic Richfield Corporation Bluewater mill. The NRC agrees that it will not terminate any site-specific license until the site licensee has demonstrated that all issues with state regulatory authorities have been resolved.
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g 5.
The DOE will make every effort to obtain directly from the licensees, site reclamation documentation, at an early enough date to allow for the DOE to develop the Long Term Survettlance Plan (LTSP)in a timely manner that does not delay termination of the current site license. In the event that a current hcensee is not forthcoming in providing the DOE with the necessary information for timely development of the LTSP, the DOE requests that the NRC exert its influence to assist the DOE in obtaining the necessary information. In the event of a nonexistent hcensee, the NRC will provide the DOE with information from NRC file.; in order to write an LTSP.
6.
The DOE will develop an LTSP of comparable scope and level of detail for Title 11 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 vark with the DOE to help obtain any information from licensees.
9.
Where appropriate, the NRC will work with the DOE and the licensees on the determinations regarding site boundary identification, E ' ' "ng boundary decisions for Attemative Concentration Limits, site access using roac,, currently available, site h
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.
The NRC and the DOE will work cooperatively with site licensees prior to termination to e
1 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 licensees to assure that all monitor wells that are tiot 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 willi t>rk cooperatively with site licensees prior to termination to ensure these final site cos,ditions, 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 Ior any injuries incurred by OOE or DOE contractor personnel while these personnel are participating in or observing an 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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12.
_ Tha DOE will provide ths NRC with documentction of titia transfar.
13.
The receipt of 10 CFR Part 40, Appendix A, Criterion 10 payment by the NRC w!!! be copied to the DOE. The DOE will notify the NRC in writing of any Criterion 10 payments that the DOE receives.
14.
The NRC and the DOE will work with the current licensees to assure that sites are free of any uriwanted buildings l derelict equipment, or trash that would otherwise not be covered by the site decommissioning plan, prior to site transfer to the DOE. The NRC and the DOE will work cooperatively with site licensees prior to termination to ensure these final site conditions..
15.
The NRC will consider the DOE's input regarding anticipated site surveillance and-maintenance costs when negotiating the Criterion 10 fee with the current licensees.
Fatylew This Prctocol shall be reviewed periodically by the NRC and the DOE to assure the continued usefulness and relevance of the document. The review period is every two years. Deriodic review of this Protocol shall be conducted concurrently by the DOE Grand Junction Office and the NRC Uranium Recovery Branch.
References NRC (U.S. Nuclear Regulatory Commission),1993. " Final Standard Review Plan for the Review and Remedial Action of inactive Mill Tailings Sites under Title i of the Uranium Mill-Tailings Radiation Control Act," Revision 1. U.S. Nuclear Regulatory Commission, Office of Nuclear Material Safety and Safeguards, Division of Low-Level Waste Management and Decommissioning.
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Joseph J. Holonich, Chief Jack Tillman, Manager Uranium Recovery Branch Grand Junction Office Division of Waste Management U.S. Department of Energy Office of Nuclear Material Safety and Safeguards U.S. Nuclear Regulatory Commission t
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