ML20210M653

Forwards FRN Re Notice of Receipt of Petition Per 10CFR2.206

ML20210M653
Person / Time
Issue date:	04/07/1993
From:	Combs F NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
To:	Meyer D NRC OFFICE OF ADMINISTRATION (ADM)
References
TASK-TF, TASK-URFO 2.206, NUDOCS 9708220112
Download: ML20210M653 (2)

Text

...

APR 071993 MEMORANDUM FOR:

David L. Meyer, Chief Rules Review and Directives Branch Division of-Freedom of Information and Publications Services, ADM-FROM:

Frederick C. Combs, Chief -

Operations Branch Division of Industrial and Medical Nuclear Safety, NMSS

SUBJECT:

PUBLISHING IN THE FEDERAL REGISTER

-One signed original of the Federal Register Notice is enclosed for your transmittal to the Office of the Federal Register.

It is a-notice of a receipt of a petition pursuant to 10 CFR 2.206.

Additional copies (5) of the Notice are enclosed for your use.

Also enclosed-are copies of the reference correspondence for placement in the Commission's Public Document Room (PDR) and the Local-Public Document Rw.T.,

Perry Public _ Library, 3753 Main Street, Perry, Ohio 44081.

Please' notify Joe DeCicco at (301) 504-2067 as to the date that the Notice will_ be published in the Federal Register.

Original Signed By_ G hqbun

- FrederickC. Combs, Chief Operations Branch Division of Industrial and Medical Nuclear Safety, NMSS

Enclosures:

1' Receipt of Petition for Director's Decision Under 10 CFR-2,206 j

Copy-of Original Petition from Mr. Willia B. Schatz, dated 3/3/93 AMTMBUTION:

- Q M08 r/f]

ABDavis, RIII CEstep-i

-IMNS r/f BBerson, RIII MKnapp NMSS r/f JGoldberg, OGC n

'JScinto, 0GC RWeisman,-OGC LChandler, OGC CPoland JLieberman, OE LJacobs-Baynard y(d 0FC IM0B 6

IM05W l h IM08

-b NAME JDeCicco N kes FCombs b t1 DATE 0//47/93 N /

/93

([/7/93

/

C = COVER E = COVER & ENCLOSURE N = NO COPY I

0FFICIAL RECORD COPY:

g:CVRPETIT.JED l

3

'I

~

082 g 2 930407 C&R-14 PDR

O APR 071993 V

MEMORANDUM FOR:

David L. Meyer, Chief Rules Review and Directives Branch Division of Freedom of Information and i

Publications Services, ADM 4

FROM:

Frederick C. Combs, Chief Operations Branch Division of Industrial and Medical Nuclear Safety, NMSS

SUBJECT:

PUBLISHING IN-THE FEDERAL REGISTER One signed original of the Federal Register Notice is enclosed for your transmittal to the Office of the Federal Register.

It is a notice of a receipt of a petition pursuant to 10 CFR 2.206.

Additional copies (5) of the Notice are enclosed for your use.

Also enclosed are copies of the reference correspondence for placement in the Commission's Public Document Room (PDR) and the Local Public Document Room, 1

-Perry Public Library, 3753 Main-Street, Perry, Ohio 44081.

Please notify Joe DeCicco at (301) 504-2067 as to the date that the Notice will be published in the Federal Register.

Original Signed By G /DOo n t'

Frederick C. Combs, Chief' Operations Branch Division of Industrial and Medical Nuclear Safety, NMSS

Enclosures:

Receipt of Petition for Director's Decision Under 10 CFR 2.206 Copy of-Original Petition from Mr. William B. Schatz, dated 3/3/93 DISTRIBUTION:

IM0B r/f ABDavis, RIII CEstep IMNS r/f BBerson, RIII MKnapp NMSS r/f JGoldberg,.0GC JScinto,-OGC RWeisman, OGC LChandler, 0GC CPoland JLieberman, OE LJacobs-Baynard 0FC IM0B 6_

IM0EW h

IM0B h,

NAME JDeCicco'M des FCombs M t1 DATE-e.//c//93 N/'l/93 y/7/93 C = COVER E = COVER i ENCLOSURE N = NO COPY OFFICIAL RECORD COPY:

g:CVRPETIT.JED

o A

[7590 01]

UNITED STATES NUCLEAR REGULATORY COMMISSION Docket No. 03016055 ADVANCED MEDICAL SYSTEMS, INC.

(Byproduct Materials License No. 34-19089-01)

RECEIPT OF PETITION FOR DIRECTOR'S DECISION UNDER 10 CFR 6 2.206 Notice is hereby g'iven that the U.S. Nuclear Regulatory Commission ha:;

received a Petition dated March 3,1993, filed by William B. Schatz on behalf of the Northeast Ohio Regional Sewer District (" District"). The Petition requests, pursuant to 10 C.F.R. I 2.206, that the NRC institute a proceeding to modify the license of Advanced Medical Systems, Inc. ("AMS") to require that AMS (1) assume I

all costs resulting from the off-site release of cobalt-60 that has been depnsited at the District's Southerly Treatment Center and (2) decontaminate the sewer connecting AMS' London Road facility with the public sewer at London Road and continue downstream with such decontamination to the extent sampling by AMS or NRC indicates is necessary.

The District alleges the following bases for its request: 1) cobalt-60 has been discovered in the ash piles resulting from the incineration of sewage sludge at the District's Southerly Wastewater Treatment Center; 2) AMS is the only licensee in the District's service area authorized to process cobalt-60 in a loose metallic form consistent with the form present in the ash; 3) AMS is the only entity (except for the former owner of the London Road facility) that has reported _ discharging cobalt-60 to the sanitary sewer system leading to the Southerly Treatment Center; 4) NRC documents present ample evidence of cobalt-60 contamination at the London Road facility, including numerous drains inside the building; 5) there are excessive exposure rates in the sewer connecting the

[b

A l [7590-01]

building to the public sewer system; 6) this sewer line has been classified as a restricted area, which effectively denies the District access to the manhole use for sampling industrial discharges; and 7) the AMS London Road facility is l

the source of the cobalt-60 at the Southerly Treatment Center.

Petitioner's request is being treated pursuant to 10 CFR Section 2.206 of i

l the Commission's regulations.

The NRC will take appropriate action on this request within a reasonable time.

1 A copy of the Petition is available for inspection and copying in the Connission's Public Document Room, 2120 L Street, NW., Washington, D.C. 20555 and at the Local Public Document Room, Perry Public Library, 3753 Main Street, Perry, Ohio, 44081.

l Dated at Rockville, Maryland, this _ J.

day of 1993.

FOR THE NUCLEAR REGULATORY COPO4ISSION

~--

t Robert M. Bernero, Director Office of Nuclear Material Safety and Safeguards t #

1 1

Northeast Ohio Regional Sewer District 3826 Euclid Avenue

• Cleveland, Ohio 44115 2504 216 + 881 6600 FAX: 216

• 881 9703 CERTIFIED)RIL l

REWRN RECEIPT REQUESTE.D l

1 l

l l

March 3, 1993 Mr. James Taylor Executive Director for Operations i

U.S. Nuclear Regulatory Camission Washington, D.C.

20555 Re: Request for action on License #34-19089 01

Dear Mr. Tayloi:

l he Northeast Ohio Regional Sewer District (" District") was infomed by the NRC in May,1991 that Cobalt-60 hs:d been diqcovered in ash oiles at the District's Southerly Wastewater Treatment Center. This ash is'the result of the incineration of sewage sludge at the facility. The ash in the areas where Cobalt is present is primarily ash from the early 1980s, with same contamination in ash of more recent vintage, he District's indewndent review of NRC and Ohio Department of Health records indicate tlat Advanced Medical Systems, Inc., which operates a Cobalt-60 source manuf acturing operation on London Road, Cleveland, Ohio under NRC Licasse #34-19089-01 is the source of the Cobalt-60 at the Southerly Treatment Center, ne above conclusion is based on several facts. First, A>6 is the only licensee in the District's service area authorized to process Cobalt-60 in a loose metallic fom consistent with the fom present in the ash. AMEis,also the only entity (except for the former owner of the Londometseefacility) that has reported discharging Cobalt-60 to the sani sewer system leading to Southerly.

In addition to the app ly 200 mil 11 curies the Am has reported in its discharge recntdFg there is cmsiderable circumstantial evidence that spills or other actions by AMS may have resulted in substantially greater discharges to the sewer system. NRC documents present ample evidence of Cobalt-60 contamination at the London Road facility, including numerous drains inside the building. In addition to contamination inside the building, AMS has received a NRC Notice of Violation due to excessive exposure rates in the sewer connecting the' building to the public sewer system. This sewer line has been classified as a restricted area, which effectively denies the District access to the manhole used for sampling industrial discharges.

f&Qgy2aQ.

The mission of the Northeast Ohio RegionalSower Districtis to enhance public health and wettare through tne ett c e r- ': o-effective conveyance and treatment of wastewater. This is accomplished by an organization dedica:ed to pro?:ss :-

' ~ '

Qtmm and consistency that anticipates and responds to tne changing envnnmentalneeds of the commum

Mr. James Taylor g

U.S. Nuclear Regulatory Commission March 3,1993 Page Two 1

l The NRC has consistently taken the position that unless the NRC can prove that AMS exceeded the discharge limits set forth in 10 CFR 20.303 there is no action that can be taken against M.

Furthermore, the NRC contends that the District, by virtue of caning into possession of the Cobalt, is now respansible for any and all costs associated with the remediation/ storage of the Cobalt. The District believes these positions are grossly unfair to the ratepayers of the District and are without justification.

The District; therefore, NRC take the following actions: pursuant to 10 CFR 2.206 requests that the

1) Modify M License #34-19089-01 to require that M assume all costs resulting from the off-site release of Cobalt-60 that has been deposited at the Southerly Treatment Center; and

2) Order M to decontaminate the sewer connecting the London Road facility with the public sewer at London Road and continue downstream with such decontamination to the extenf M /NRC sampling indicates is necessary.

The District believes that these requested actions can be taken by the NRC based on the docimentation already present in NRC files.

If you elect not i

to take these actions, please provide the District with an explanation as to why the sewage ratepayers of Greater Cleveland are the appropriate persons to asstne the cost of remediation.

f'WY William B. Sdiatz General Cotmsel WBS/td RishardBangart,NEC cc:

RW Av Odoal TER. Lenhart RO Cannelly B. Ich-(taylor)

Northeast Ohio Regional Sewer District 3826 Euclid Avenue

• Cleveland, Ohio 44115 2504 216 + 881 6600 FAX: 216

• 881 9709 CERTIFIED MAIL RETURN RECEIPT REQUESTED l

March 3, 1993 Mr. James Taylor l

Executive Director for Operations l

U.S. Nuclear Regulatory Commission

(

Washington, D.C.

20555 Re: Request for action on License #34-19089-01

Dear Mr. Taylor:

he Northeast Ohio Regional Sewer District (" District") was informed by the NRC in May,1991 that Cobalt-60 had been distcovered in ash piles at the District's Southerly Wastewater Treatment Center. This ash is the result of the incineration of sewage sludge at the facility. The ash in the areas dere Cobalt is present is primarily ash from the early 1980s, with scae contamination in ash of more recent vintage.

We District's inde;:endent review of NRC and Ohio Department of Health records indicate taat Advanced Medical Systems, Inc., which operates l

a Cobalt-60 source samtf acturing operation on London Road, Cleveland, Ohio under NRC License #34-19089-01 is the source of the Cobalt-60 at the Southerly Treatment Center.

The above conclusion is based cm several facts. First, AMS is the only licensee in the District's service area authorized to process Cobalt-60 in a loose metallic form consistent with the fom present in the ash. MS.h also ther only entity (except for the fomer owner of the Le='- J:Z facility) that has reported discharging Cobalt-60 to the sani seuer system leading to Southerly. In addition to the app ly 200 mil 11 curies the AMS has reported in its discharge recordFr themis considerable circumstantial evidence that spills or other actions by AMS any have resulted in substantially greater discharges to the sewer system. NRC doclaments present ample evidence of Cobalt-60 contamination et the London Road facility, including numerous drains inside the building. In addition to contamination inside the building, AMS has received a NRC Notice of Violation due to excessive exposure rates in the sewer connecting the' building to the public sewer system. This sewer line has been classified as a restricted area, sich effectively denies the District access to the manhole used for sampling industrial discharges.

$ y illL Ad The mission of the Northeast Ohio RegionalSewer Districtis to enhance public health and welfare through tne ef!cn".':st-eIfective conveyance and treatment of wastewater. This ss accorrplished by an organization dedicated to pic!:ss M : n favms!. and consistency that anticipates and respctxis to the changing envntonmental needs ol the commanav

- Mr. James Taylor g

U.S. Nuclear Regulatory Commission March 3,1993

-Page Two a

The NRC has consistently taken the position that unless the NRC can prove that AMS exceeded the discharge limits set forth in 10 CFR 20.303 there is no action that can be taken against M.

Furthermore, the NRC contends that the District, by virtue of caming into possession of the Cobalt, is now responsible for any and all costs associated with the recediation/ storage of the Cobalt. The District believes these positions are grossly unfair to the ratepayers of the District and are without justificat;.m.

The District; therefore, pursuant to 10 CFR 2.206 requests that the NRC take the following actions:

1) Modify M License #34-19089-01 to require that M asstne all costs resulting from the off-site release of Cobalt-60 that has been deposited at the Southerly Treatment Center; and

2) Order M to decontaminate the sewer connecting the London Road facility with the public sewer at London Road and continue downstream with such decontamination to the extenf M/NRC' sampling indicates is necessary.

The District believes that these requested actions can be taken by the NRC based on the doomentation already present in NRC files.

If you elect not to take these actions, please provide the District with an explanation as to why the sewage ratepayers of Greater Cleveland are the appropriate persons to asstne the cost of remediation.

h/

S x

William B. Schatz General Conasal WBS/td

,.,f -

cc: Ridass Bangart, NE M74 0 deal _

TUS. IAnbart Rscannelly B. Ich.

(taylor)

Northeast Ohio Regional Sewer District 3826 Euclid Avenue a Cleveland, Ohio 44115 2504 216 881 6600 FAX:216 881 9709 CERTIFIED MIL RE1 URN RECEIPT REQUESED l

March 3, 1993 Mr. James Taylor Executive Director for Operations U.S. Nuclear Regulatory Ccautission Washington, D.C.

20555 Re: Request for action on License #34-19089-01

Dear Mr. Taylor:

%e Northeast Ohio Regional Sewer District (" District") was infomed by the NRC in May,1991 that Cobalt-60 had been discovered in ash piles at the District's Southerly Wastewater Treatment Center. Wis ash is the result of the incineration of sewage sludge at the facility. The ash in the areas dere Cobalt is present is primarily ash from the early 1980s, with scue contamination in ash of more recent vintage.

%e District's inde:endent review of NRC and Ohio Department of Health records indicate that Advanced Medical Systems, Inc., which operates a Cobalt-60 source manuf acturing operation on Lcmdon Road, Cleveland, Ohio under NRC License #34-19089-01 is the source of the Cobalt-60 at the Southerly Treatment Center.

We above conclusion is based on several facts. First, AMS is the only licensee in the District's service area authorized to process Cobalt-60 in a loose metallic form consistent with the fom present in the ash.. MElas also ther only entity (except for the former owner of the L=' =

2 facility} that has reported discharging Cobalt-60 to the sani sewer system leading to Southerly. In addition to the app y 200 mil 11 curies the M6 has reported in its discharge reco th is considerable circiastantial evidence that spills or other actions by AM5 may have resulted in substantially greater discharges to tia sewer system. NRC doaments present ample evidena of Cobalt-60 contamination at the London Road facility, including numerous drains inside the building. In addition to contamination ir. side the building, AMS has received a NRC Notice of Violation due to excessive exposure rates in the sewer connecting the' building to the public sewer system. This sewer line has been classified as a restricted area, sich effectively denies the District access to the manhole used for sampling industrial discharges, qQJk&fh[

The mission of the Northeast Ohio RegionalSswerDistrictis to enhance public health and welfare through the effc e -' m' effective conveyance and treatment of wastewater. This is accormlished by an organization dedica:ea to profess :a farmass and comistency that anticipa!*s and respcnds to the changing envumnmentalneeds of it'e carnawy

Mr. James Taylor 5

U.S. Nucitar Regulatory Commission March 3,1993 -

Page Two The NRC has consistently taken the position that unless the STC can prove that AMS exceeded the discharge lialts set forth in 10 CFR 20.303 there is no action that can be taken against AMS. Furthermore, the h1C contends that the District, by virtue of coming. into possession of the Cobalt, is now respassible for any and all costs associated with the remediation/ storage of the Cobalt. The District believes these positions are grossly unfair to the ratepayers of the District and are without justification.

The District; therefore, pursuant to 10 CFR 2.206 requests that the NRC take the following actions:

1) Modify AMS License #34-19089-01 to require that AMS assume all costs resulting from the off-site release of Cobalt-60 that has been deposited at the Southerly Treatment Center; and

2) Order AMS to decantaminate the sewer connecting the London Road facility with the public sewer at London Road and continue downstream with such decontamination to the extenf AMS/NRC sampling indicates is necessary.

The District believes that these requested actions can be taken by the NRC based on the documentation already present in P5tc files.

If you elect not to take these actions, please provide the District with an explanation as to dry the sewage ratepayers of Greater Cleveland are the appropriate persons to assume the cost of remediation.

Very ou

?

/

q k

(

h William B. Schatz General Constsel WBS/td mihardBangart,NRC cc:

M 7; 06ent Tli t Lenhart Ri*Cannelly B. Koh.

(taylor)

Northeast Ohio Regional Sewer District 3826 Euclid Avenue

• Cleveland, Ohio 44115 2504 216 881 6600 FAX: 216

• 881 9709 CERTIFIED MAIL RETURN RECEIPT REQUESED 1

i March 3, 1993 Mr. James Taylor Executive Director for Operations U.S. Nuclear Regulatory Ccamission Washington, D.C.

20555 Re: Request for action on License #34-19089-01

Dear Mr. Taylor:

he Northeast Ohio Regional Sewer District (" District") was informed l

by the NRC in May,1991 that Cobalt-60 had been discovered in ash piles at l

the District's Southerly Wastewater Treatment Center. his ash is the j

result of the incineration of sewage sludge at the facility. The ash in the areas dere Cobalt is present is primarily ash from the early 1980s, with scoe containation in ash of more recent vintage.

We District's inde xmdent review of NRC and Ohio Department of Health records indicate tutt Advanced Medical System, Inc., which operates a Cobalt-60 source mandacturing operation on London Road, Cleveland, Ohio under Mtc License #34-19089-01 is the source of the Cobalt-60 at the Southerly Treatment Center, ne above conclusion is based on several facts. First, M is the only licensee in the District's service area authorized to process Cobalt-60 la a loose metallic form consistent with the form present in the ash.. AaElsalseither only entity (except for the former owner of the L

facility) that has reported discharging Cobalt-60 to the sani system leading to Southerly. In addition to the 200 millicuries the M has reported in its discharge a

thero is considerable circumstantial evidence that spills or other reco actions by M may have resulted in substantially greater discharges to the sewer system. NRC doaments present ample evidence of Cobalt-60 contamination at the London Road facility, including numerous drains inside the building. In addition to contamination inside the building, AMS has received a NRC Notice of Violation due to excessive exposure rates in the sewer connecting tho' building to the public sewer system. This sewer line has been classified as a restricted area, sich effectively denies the District access to the manhole used for sampling industrial discharges.

J' &

The mission of the Northeast Ohio Regional Ssner Districtis to enhance public health and wetare through Ine efficwn!. vt-etfective conveyance and treatment of wastewater. This is accorrplishedby an organization dedica:ed to profcssicn.C "".

!aarress and consistency that antscq0ates and responds to the changirvj envorontr'entalneeds of the commany

l..

Mr. James Taylcr t

U.S. Nuclear Regulatory Commission March 3,1993 Page Two lhe NRC has consistently taken the position that unless the NRC can prove that AMS exceeded the discharge limits set forth in 10 CFR 20.303 there is no action that can be taken against M.

Furthermore, the NRC contends that the District, by virtue of coming into possession of the Cobalt, is now responsible for any and all costs associated with the rosediation/ storage of the Cobalt.. The District believes these positions are grossly tatfair to the ratepayers of the District and are without justification.

1he District; therefore, pursuant to 10 CFR 2.206 requests that _ the NRC take the following actions:

1) Modify M License #34-19089-01 to require that M assume all costs resulting from the off-site release of Cobalt-60 that has been deposited at the Southerly Treatment Center; and

2) Order M to decantaminate the sewer connecting the London Road facility with the public sewer at London Road and continue downstream with such decontamination to ths extent M/NRC sampling indicates is-necessary.

The District believes that these requested actions can be taken by the NRC based on the doomentation altsady present in Mtc files. If you elect not to take these actions, please provide the District with an explanation as to idly the sewage ratepayers of Greater Cleveland are the appropriate persons to assume the cost of remediation.

s 5

x William B. Schatz General-Counsel' WBS/td

~

.G.is?.'"?4.'

I cct'._

Bangert, E Oisal.

l Lenhart B. Ech. -

(taylor) i j

,,5.

.