ML20206A742
| ML20206A742 | |
| Person / Time | |
|---|---|
| Issue date: | 03/30/1987 |
| From: | Fonner R NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | Young R NEW MEXICO, STATE OF |
| References | |
| REF-WM-60 NUDOCS 8704080153 | |
| Download: ML20206A742 (1) | |
Text
I f/AR 3 01987 WM 00CKET CONTROL CENTER Richard Young, Esq.
Environmental Improvement Division
'87 MR 31 A10:19 General Counsel Post Office Box 968 Santa Fe, New Mexico 87504-0068
Dear Mr. Young:
I apologize for not responding sooner to your letter of March 6,1987, asking for an opinion on whether delfberately commingled Title I and Title II tailings would have to be finally stabilized before the termination date for the DOE Title I program. I am enclosing for your information a letter recently sent to Senator Simpson by Chairman Zech, regarding a similar situation in Wyoming, that outlines the present thinking in the NRC on the question you raise.
There are two matters referred to in the Chairman's letter that bear upon your inquiry. The last paragraph on the first page notes the NRC view that DOE remains responsible for completion of the remedial action for Title I tailings regardless of final disposal site selected. Numbered paragraph 2 on page two of the letter calls attention to the fact that the NRC is required to issuc a license to DOE for possession and caretaking of the Title I tailings by the end of the authorized Title I program. Because the NRC license is to be issued only after certification of completion and NRC concurrence therein (see UMTRCA Sec. 104 (f)), completion of stabilization before the Title I program termination date is clearly implied.
x As you probably know I have discussed these matters on an informal basis with Dr. Margo Keele of the New Mexico EID. If you have any further questions you may call me at (301) 492-8692.
Sincerely yours, Robert L. Fonner Deputy Assistant General Counsel Division of Rulemaking and Fuel Cycle Office of the General Counsel
Enclosures:
As stated I
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March 23, 1987 The Honorable Alan K. Simpson Subcommittee on Nuclear Reaulation Committee on the Environment and Public Works
. United States Senate Washinqton, DC 20510
Dear Senator Simnson:
'Thank you for your letter of February 25, 1087 regardina the Susquehanna inactive uranium mill tailings site near Riverton, Wyoming.
I assure you that the Commission realizes the importance of providing prompt remedial action for the inactive sites in Wyoming and throughaut the country.
In particular, the_ Commission suooorts the efforts of the Department of Energy (DOE) in fully considering the relocation of the Susquehanna tailings to an active site now under license to the Nuclear Regulatory Commission.
This approach has several important advantages.
The nresent tailings site would become free for other use, tha tailings would be removed from Riverton, thereby eliminating future contaminction there, and.the number of final disposal sites requiring long-term oversight would be reduced.
One candidate site for disposal of the Susquehanna tailings is the American Nuclear Corporation (ANC) facility in the Gas Hills area of Wyoming.
The NPC staff has reviewed and eporoved a license amendment request which authorizes ANC to receive all of the estimated 1.5 million cubic yards of residual radioactive material now at the Susquehanna site.
This amendment obligates ANC to provide final stabilization for the transferred Susquehanna material (and any comminnled ANC byproduct materia 11 at the ANC site in accordance with ANC's reclamation nian.
This reclamation plan, while not complete, is consistent with all applicable federal standards for stabilization of the Susquehanna and ANC materials.
DOE is responsible for completion of renedial action for the Susquehanna material regardless of the #inal disposal site selected.
DOE'may elect to rely on an active site licensee in that regard, but would remain responsible for completion of remedial action if the licensee # ails to perform.
We would expect the DOE to acknowledge its ultimate responsibility in any remedial action plan oroviding for relocation of inactive site material to an active site.
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. Also, there are two other issues which need to be resolved before relocation.to an active site can be implemented.
These stem from specific provisions o' the tiranium Mill Tailings Radiation Control Act (llMTRCA).
They are:
1.
(Jnder Title I of the UMTRCA the State must. acquire the final disposal site prior to relocation of the Susquehanna material, unless it is already controlled by DOE or made available for that purpose by the Secretary.
of the Interior.
2.
Also under Tit.le I, the NRC is required to issue a license to the DOE for possession and caretaking of the Susquehanna material by the end of the authorized remedial action program (this date is currently March, 1990, but DOE is seeking an extension to September, 1993).. There is uncertainty that the Susquehanna remedial action, and the termination of the existing ANC-license, can be accomplished in this time.
The Commission believes that through continued interaction with DOE and the State of Wyoming, resolutions to these problems can be
.found which permit the relocation approach to be adopted and carried out to completion.
Sincerely, O
Lando W. Zech, Jr.
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