ML20202H929

Informs That State of CA Has Jurisdiction Over Disposal of Low Level Radwaste,In Response to 860617 Request for Approval to Dispose of Sludge & Firebox Waste Containing Very Low Levels of Radioactivity

ML20202H929
Person / Time
Site:	Humboldt Bay
Issue date:	07/14/1986
From:	Berkow H Office of Nuclear Reactor Regulation
To:	Shiffer J PACIFIC GAS & ELECTRIC CO.
References
NUDOCS 8607160455
Download: ML20202H929 (5)

Text

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July 14, 1986 Docket No. 50-133 Mr. J. D. Shiffer, Vice President Nuclear Power Generation c/o Nuclear Power Generation, Licensing Pacific Gas and Electric Company 77 Beale Street San Francisco, California 94106

SUBJECT:

VERY LOW-LEVEL RADI0 ACTIVE WASTE DISPOSAL - HUMBOLDT BAY POWER PLANT, UNIT NO. 3 By letter dated June 17, 1986, you requested approval to dispose of sludge and firebox waste from the Humboldt Bay Power Plant site that contained very low-levels of radioactivity. You asked for approval to dispose of these wastes at the IT Corporation's Benicia, California, hazardous waste disposal site. By letters dated May 7, 1984 and September 3, 1985, we have previously found acceptable the transfer of similar wastes to the Benicia disposal site.

Although we previously found acceptable the transfer of slightly contaminated waste to the Benicia disposal site, we advised you in each case to secure appropriate approval from State and local agencies for the burial / disposal at that site. In Agreement States, such as California, the NRC does not approve disposal of low level radioactive waste under 10 CFR Section 20.302. In accordance with 10 CFR Part 150, the State of California, an Agreement State, has has jurisdiction for such disposals. You may contact Mr. Robert Fonner, Office oftheGeneralCounselat(301)492-8692, if you have any questions on the legal aspects of this matter.

Sincerely, original sinned b Herbert N. Berkow,y Director 8607160455 860714

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Standardization and Special fDR ADOCK 05000133 PDR Projects Directorate Division of PWR Licensing-B cc: See next page DISTRMBUTMON:

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Docket No. 50-133 Mr. J. D. Shiffer, Vice President Nuclear Powar Generating c/o Nuclear Power Generating, Licensing Pacific Gas and Electric Company 77 Beale Street San Francisco, California 94106

Dear Mr. Shiffer:

4

SUBJECT:

VERY LOW-LEVEL RADIOACTIVE WASTE DISPOSAL-HUMBOLDT BAY POWER j PLANT, UNIT N0. 3 By letter dated June 17, 1986, you requested approval to dispose of sludge and firebox waste from the Humboldt Bay Power Plant site that contained very low-levels of radioactivity. You asked for approval to dispose of these wastes at the IT Corporation's Benicia, California, hazardous waste disposal site. By letters dated May 7,1984 and September 3,1985, we have previously found acceptable the transfer of similar wastes to the Benicia disposal site.

l Although we previously found acceptable the transfer of slightly contaminated waste to the Benicia disposal, we advised you in each case to secure appropriate approval from State and local agencies for the burial / disposal at that site. Since our letter of September 3,1985, we have determined that, in Agreement States, such as California, the NRC has no authority for the approval of any disposal or transfer for disposal under 10 CFR Section 20.302.

In accordance with 10 CFR Part 150, the State of California, an Agreement State, has been given sole authority for such disposals. You may contact Mr.

Robert Fonner, Office of the Executive Legal Director at (301) 492-8692, regarding any further NRC jurisdiction on this matter.

Sincerely, i

Herbert N. Berkow, Director Standardization and Special Projects Directorate Division of PWR Licensing-B cc: See next page DISTRIBUTION:

Docket File OELD NRC PDR EJordan

, Local PDR BGrimes SSPD Reading JPartlow PNoonan NThon,pson

! PErickson ACRS(10)

Olynch HBerkow RFonner

• See Previous Concurrence 1 DPWRL-B:SSPD* DPWRL- : SPD DPWRL-B:SSPD DPWRL-B:SSPD ELD PNoonan PErickson:cw OLynch HBerkow RFonner 06/26/86 06/1)/86 06/ /86 06/ /86 06/ /86

o .

, Docket No. 50-133 4

Mr. J. D. Shiffer, Vice President Nuclear Power Generating c/o Nuclear Power Generating, Licensing Pacific Gas and Electric Company 77 Beale Street l

San Francisco, California 94106 j

SUBJECT:

VERY LOW-LEVEL RADI0 ACTIVE WASTE DISPOSAL-HUMBOLDT BAY POWER ,

PLANT, UNIT NO. 3 l By letter dated June 17, 1986, you requested approval to dispose of sludges and firebox waste from the Humboldt Bay site that contained very low-levels of radioactivity. You asked for approval to dispose of these wastes at the IT Corporation's Benicia, California, hazardous waste disposal site. By letters

.; dated May 7, 1984 and September 3, 1985, we have previously found acceptable j the transfer of similar wastes to the Benicia disposal site.

j Although we previously found acceptable the transfer of slightly contaminated

)' waste to the Benicia disposal, we advised you in each case to secure appropriate approval from the state and local agencies for the burial / disposal at that site. Since our letter of September 3,1985, we have determined that,

! in Agreement States such as California, the NRC has no authority for the approval of any disposals or transfer's for disposal under 10 CFR Part 20.302 requirements. In accordance with 10 CFR Part 150, the state of California, an agreement state, has been given sole authority for such disposals. You may a contact Mr. Robert Fonner, Office of the Executive Legal Director at (301) 492-8692, regarding any further NRC jurisdiction on this matter.

Sincerely, a

i Herbert N. Berkow, Director Standardization and Special Projects Directorate Division of PWR Licensing-B cc: See next page

DISTRIBUTION

i Docket File OELD i NRC PDR EJordan

] Local PDR BGrimes SSPD Reading JPartlow PNoonan NThompson PErickson ACRS(10) 0 Lynch HBerkow RFonner i

DPW SSPD DPWRL-B:SSPD DPWRL-8:SSPD DPWRL-B:SSPD ELD PErickson:cw OLynch HBerkow RFonner

/ 86 06/ /86 06/ /86 06/ /86 06/ /86

- _ _ . _ _ . _ _ _ _ _ _ _ . _ _ _ _ _ _ _ _ _ _ - _ _ _ _ _ _ _ _ _ . _ _ _ _ _ _ . . - - _ . . _ . _ _ _ _ _ _ ___._______._-________.__m. _ . _ _ . - _ _ _ _ _ _ _ _ _ _ _ _ . . _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ . _ _ _ _ _ _ _ _ . _

/$c# .;i UNITED STATES NUCLEAR REGULATORY COMMISSION h,

e WASHINGTON, D. C. 20655 e

%g %...../ July 14, 1906 Docket No. 50-133 Mr. J. D. Shiffer, Vice President Nuclear Power Generation c/o Nuclear Power Generation, Licensing Pacific Gas and Electric Company 77 Beale Street San Francisco, California 94106

SUBJECT:

VERY LOW-LEVEL RADIOACTIVE WASTE DISPOSAL - HUMBOLDT BAY POWER PLANT, UNIT NO. 3 By letter dated June 17, 1986, you requested approval to dispose of sludge and firebox waste from the Humboldt Bay Power Plant site that contained very low-levels of radioactivity. You asked for approval to dispose of these wastes at the IT Corporation's Benicia, California, hazcrdous waste disposal site. By letters dated May 7, 1984 and September 3, 1985, we have previously found acceptable the transfer of similar wastes to the Benicia disposal site.

Although we previously found acceptable the transfer of slightly contaminated waste to the Benicia disposal site, we advised you in each case to secure appropriate approval from State and local agencies for the burial / disposal at that site. In Agreement States, such as California, the NRC dces not approve disposal of low level radioactive waste under 10 CFR Section 20.302. In accordance with 10 CFR Part 150, the State of California, an Agreement State, has jurisdiction for such disposals. You may contact Mr. Robert Fonner, Office of the General Counsel at (301) 492-8692, if you have any questions on the legal aspects of this matter. .

Sincerely,

& W H bert N. Berkow, Director

/ andardization and Special Projects Directorate Division of PWR Licensing-B cc: See next page

Mr. J. D. Shiffer Pacific Gas and Electric Company Humboldt Bay Nuclear Power Plant cc Philip A. Crane, Jr., Esq. Mr. Joseph 0. Ward, Chief Pacific Gas and Electric Company Radiological Health Branch Law Department State Dept. of Health Services Post Office Box 7442 714 P Street, Office Bldg. #8 l

San Francisco, California 94120 Sacramento, California 95814 Chairman Director Humboldt County Board of Supervisors Energy Facilities Siting Division County Courthouse Energy Resources Conservation &

825 Fifth Street Development Comission Eureka, California 95501 1516 9th Street Sacramento, California 95814 Linda J. Brown, Esquire Donohew, Jones, Brown & Clifford Gretchen Dumas, Esq.

100 Van Ness Avenue,19 Floor Public Utilities Comission San Francisco, California 94102 of the State of California 5066 State Building U.S. Environmental Protection Agency San Francisco, California 94102 Region IX Office

! ATTN: Regional Radiation Representative Public Affairs Officer j 215 Freemont Street Region V

~

San Francisco, California 94105 U.S. Nuclear Regulatory Commission 1450 Maria Lane

. Regional Administrator Walnut Creek, California 94596

!' Nuclear Regulatory Comission, Region V 1450 Maria Lane, Suite 210 Office of Intergovernmental Walnut Creek, California 94596 Management State of California

, Michael R. Sherwood, Esq. 1400 10th Street, Room 108 Sierra Club Legal Defense Fund, Inc. Sacramento, California 95814 2044 Fillmore Street San Francisco, California 94115 Bruce Norton, Esq.

2002 East Osborn Dr. Perry Aminoto Phoenix, Arizona 85064 Department of Conservation Division of Mines & Geology 1416 9th Street, Room 1341 Sacramento, California 95814 i

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