ML20215G201
Text
g Q1
(~^- k o..
dh I'f~f. c. [,,,
.na e'2 Balfelle 40 'b
'- )
MCN C '"
- b"'
1 L
m,..
b
=03 ong u nue
} Ni
.Fh colun bus unio 41.">i46n s I,, g y,
G I January 28, 1987
,f
$$"$f "
6 Ed.hn CERTIFIED MAIL 4
\\
/ w t u?
Director of Nuclear Material
[? /q Safety and Safeguards U.S.. Nuclear Regulatory Commission g
300EHD U17 H P.reet, N.W.
DSNRC V\\
Washington, D.C.
20555 i
9-FEB 5 1:37 /
byar Sir or Madam:
y h'p....
.[
~
C>
b~~.;""Q'",
. NOTICE OF DEMAND BY'THE ENRIVONMENTAL
,',/
1 PROTECTION AGENCY UNDE 9 42 U.S.C. 99 9601 ET SEQ.
A f ".gg NUCLEAR ^ DISPOSAL [IJE, P0fE, HEAD, FLEMING COUNTY, KENTUCKY Battelle Memrial Institute (BATTELLE) and Battelle Columbus Division,.
an operating division theraof, have received notice ' under the captioned statute that they are potentially responsible parties (PRP's) for costs related to response or ' remedial action taken and planned by the Environ-mental Protection Age.ncy f (UA ).
A copy of the nctice from EPA is appended as Attachment A.
Upon receipt of the notice, Battelle conducted a preliminary survey of the materials which were or may have been sent to the captioned disposal site.
That survey _ indicates that many of the materials were generated, received or oth9.rwise employed by Battelle in performance of Government contratts.
Many of these were prime contracts with the Atomic Energy Commission (AEC) and its successor agencies, the Department of Defense (000), or the Mational Aeronautic and Space Administration (NASA).
Others were subchntracts with AEC, D00, or NASA contractors.
In performing these contracts, Battelle made extensive use of depleted uranium, source materials, and enriched (or special nuclear) materials.
Most of these "aterials were Government-owned and furnished.
Accordingly, by corv a;t 3nd regulation, the Government at all times retained title tb. V radioactive contaminants and wastes generate in these operetions.:!'
Certain of Battelle's hn:racts, and the contracts under which Battel'-
subcontracted, conta: ed or were subject to v'a rious indemnificatf-a agreements, includiq rcemnification against public liability authorize:
by the Price Ander m 4t.
See 42 U.S.C.
56 2014, 2210(d). (1982 Battelle also maj :e
.:emni fied. as a processor of Government-owne:
and furnished nuclear aterial produced by AF.C or Nuclear Regulatory Commission (NRC) licensees who had entered into indemnification l
. agreements in connection with the operation of production and utilization.
I-D)The stane[ard Government-furnished property clauses appearing in AEC' prime contracts explicitly provided -that title to property r rnf%Cv t1e Government remained at all times with the Government.
l W
,h &g 2785f
4 s _._
Director of Nuclear Material Safety and Safeguards s
U.S. Nuclear Regulatory Commission 2 January i'8,1987 s
facitities.
See 42. U.'. 7G, SQ 2133, 2134, 2210(c) (1982).
As a result, Battelle. is a
oe rs on indemnified" within the meaning of the Price Anderson Act.
See 42.il 3.C., $ 2014( t) (1982).
The attached notice of de7and which may create legal liability arising out of or resulting from a "nuc? oar incident" may result in "public liability" within the meaning of the Act.
See 42 U.S.C.
9 2014(w).
A " nuclear incident" is cefined as "any occurrence... causing.... loss s
of or damage to procerty, or loss % use of property, arising out of or resulting fro'm radioactive, to).id, explosive, or other hazardous properties of
- source, special m/cl ea r, or by-product ma teri al... "
42 U.S.C. 5 2014(q).
As a PRP for costs related to response or, remedial action taken and planned by EPA, Battelle may be required to take affirmative and costly action.
In addition, the issue of responsibility for the costs ulti-mately may be committed to the Federal Courts for determination.
Because.
EPA's claims are premised solely upon the. occurrence of a nuclear incident, any judgment against Battelle or expenditures required of this organization would result in public liability within the meaning of'the Act. See 42 U.S.C. 5 2014(w) (1982).
In light of the foregoing, this letter, in[accordance with 10 C.F.R.
! 140.6, constitutes written notice of a claim for property damage arising out of or in connection with the possession or use of radioactive materials.
Should you have any questions concerning this matter or should you wish to discuss the issues raised in this letter, please contact the undersigned at (614) 42,4-6580.
Sincerely yours, d, b Kathy A. Olson Assistant General Counsel VAO:dkm Attachment 3
i s
i b
7 X:-
L-
..