ML20216D182
| ML20216D182 | |
| Person / Time | |
|---|---|
| Issue date: | 04/08/1998 |
| From: | Mace M NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Patrick W CENTER FOR NUCLEAR WASTE REGULATORY ANALYSES |
| References | |
| CON-FIN-J-5220, CON-NRC-02-98-002, CON-NRC-2-98-2 NUDOCS 9804150201 | |
| Download: ML20216D182 (7) | |
Text
.
7,cp pa ntou y
4 UNITED SYATES g
j NUCLEAR REGULATORY pOMW5sIOh.g e
WASH 1'NGTON, D.C. 205MM001 -
,(l;. < ' lpl:E$
- l
-MAR 2 01998013 7 0 0 is 2C Wesley C. Patrick, President Center for Nuclear Waste SUSJECT CODE __ *..
Regulatory Analyses PROJECT H0' " ~~ ~~
6220 Culebra Road PO Drawer 28510 San Antonio, TX 78228-0510
Dear Mr. Patrick:
l
Subject:
Task Order No.1 Entitled, " Technical and Regulatory Analysis Support for the 10 CFR Part 41 Rulemaking" Under Contract NRC-02-98-002 In accordance with the task order procedures of the subject contract, this letter definitizes Task Order No.1. This effort shall be performed in accordance with the enclosed Statement of Work and the Contractors technical proposal dated January 22,1998, and as revised on February 16,1998, which are hereby incorporated by reference and made a part of this task order.
Task Order No.1 shall be effective from the date of award through September 30,1998 with a estimated cost ceiling of $173,332. The amount of $156,561 represents the total estimated reimbursable costs, the amount of $5,812 represents the cost of facility capital, and the amount of $10,960 represents the fixed fee for this task order.
Should the NRC exercise the option period, the period of performance will be from October 1, 1998 through March 30,2000 with an estimated cost ceiling of $222,921. The amount of
$201,452 represents the total estimated reimbursable costs, the amount of $7,367 represents the cost of facility capital, and the amo nt of $14,102 represents the fixed fee for this task order.
The obligated amount shall, at no time, exceed the task order ceiling. When and if the amount (s) paid and payable to the Contractor hereunder shall equal the obligated amount, the Contractor shall not be obligated to continue performance of the work unless and until the Contracting Officer shall increase the amount obligated with respect to this task order. Any work undertaken by the Contractor in excess of the obligated amount specified above is done so at the Contractors sole risk.
Accounting Data for Task Order No.1 is as follows:
B & R N o.: 85015123020 i
Job Code: J5220 BOC:
252A i
Appn. No.: 31X0200 Obligated: $122,500 Obligated On Basic Contract t
9804150201 980408 PDR CONTR NRC-02-98-002 PDR t
1 Task Order No.1 Page 2 n..
The following individuals are considered to be essential to the successful performance of the work hereunder: Patrick Mackin, Mr. James Weldy, Mr. Amit Armstrong, Dr. Pickett, Dr. S.
Hsiung, and Mr. Miklas. The Contractor agrees that such personnel shall not be removed from the effort under the task order without compliance with Contract Clause H.1 Key Personnel.
Your contacts 'during the course of this task order arei Technical Matters:
Deborah DeMarco Project Offmer (301) 415-7796 Janet Lambert Technical Monitor (301) 415-6710 Contractual Matters:
Deborah Neff Contract Specialist (301) 415-8160 The issuance of Task Ordor No.1 does not change any terms and conditions of the subject contract.
Please indicate your acceptance'of Task Order No.1 by having an official authorized to bind your organization, execute three (3) copies of this' document in the space provided and retum two (2) copies to the U.S. Nuclear Regulatory Commission, Attn: Ms. Deborah Neff, ADM/DCPM/CMB1, Mail Stop T-712, Washington, DC 20555. You should retain the third copy
' for your records.
If you have any questions regarding this matter, please contact Ms. Neff on (301) 415-8160.
Sincerely, L
ary ce, Cbntr ing icer q
Contract Management Bran h No.1 Division of Contracts & Property Management Office of Administration
Enclosure:
As stated ACCEPTED:
C>O/ W Name R. B. Kalmbach Director. Contracts Title April 8,'1998 Date
u.
s I
L 1
TASK ORDER NO. 01 TITLE TECHNICAL AND REGULATORY ANALYSIS SUPPORT FOR THE PART 41, RULEMAKING -
JOB CODE:
-J5220.
i NRC ISSUING OFFICE:
NMSS-NRC PROJECT MANAGER:
Debbie DeMarco, 415-7796 NRC TECHNICAL MONITOR:
JaneH.ambert,4154710
. DOCKET NUMBER:
NA TAC NUMBER:
TBD FEE RECOVERABLE:
NO
1.0 Background
i
. The Nuclear Regulatory Commission does not have a stand-alone regulation that establishes regulatory requirements for uranium recovery facilities. Instead, NRC has used, and cgrently uses, the applicable requirements in 10 CFR Part 40, " Domestic Licensing of Source Material".
NRC experience in using the existing appiscable Part 40 requirements to regulate uranium and thorium recovery facilities has identified several areas where revisions are needed. Revisions j
are needed: 1)~ to clarify or improve the requirements; 2) to update the regulations to eliminate i
inconsistencies and conflicts that are present both within the regulation itself and between Part L 40 and other applicable NRC regulations; and, 3) to address operational problems in implementing the requirements that have been identified both by the industry and the NRC-staff. In addition, Part 40 lacks any requirements for the regulation of the operations or restoration of in situ leach facilities (ISL's), and does not reflect the numerous regulatory -
decisions and precedents that have been established for uranium recovery facilities since the regulation was originally promulgated. These problems with Part 40 detract from a consistent and effective regulatory program for uranium recovery facilities.
Further, the NRC strategic planning process has identified the use of mill tailings impoundments 1
as a cost effective way to help ensure cleanup of other fuel cycle facilities currently undergoing -
reclamation..This approach was identified in Option 7 of the Direction-Setting issue Paper -
(DSI) 9 - Decommissioning of Non-Reactor Facilities. It would be useful to codify requirements for such disposal in uranium recovery regulations, although Option 7 did not specifically identify the need to do so.
- In response to these circumstances, NRC has decided to proceed with a major revision of its regulatory requirements for uranium and thorium recovery facilities. NRC has initiated a rulemaking to develop a new part,10 CFR Part 41, for uranium recovery facilities. It is intended that this new Part will correct the problems with Part 40 relative to these facilities, and will also
. consolidate all of the regulatory requirements from Part 40 and other NRC regulations that.
L
. apply to the regulation of uranium recovery facilities into a stand-alone regulation.
2.0 Obiective The general objective of this project shall be to provide a broad spectrum of analytical and e
2 technical assistance and support to the NRC-during the rulemaking process and the development of the new Part 41.
The specific objectives shall include thE development of, or contribution to the development of, j
several of the documents required for NRC's rulemaking process. The first of such documents shall be a report analyzing the changes that need to be made to the applicable requirements in Part 40, and any other relevant NRC regul_abons to: 1) clanfy and improve existing requirements, 2) eliminate inconsistenoes in the appiscable reguishons, 3) address operational problems, 4) develop new requirements for the operatum or restoration.of ISL facilities; and 5) establish criteria for disposal of other Atomic Energy Act materials in tailings impoundments consistent with Option 7 of OSI 9. The CNWRA shall also be called upon to prepare the Environmental Assessment (EA) and/or the Environmental Impact Statement (EIS) as appropriate, the Regulatory Analysis, the Small Business Regulatory Enforcement Faimess Act
- Analysis, the Paperwork Reduction Analysis for the Office of Management and Budget (OMB)
. review, the Regulatory Flexibility Analysis, and other rulemakmg documents as needed by NRC. The. contractor shall also provide support in preparing the1anguage for the new Phrt 41, as well as the Statement of Considerations, that would accompany the rule. The CNWRA shall also develop the Analysis of Public/ Agreement State Comments in response to the issuance of the proposed rule.'
3.0 Technical Qualifications Reauired:
For the support desired by NRC for the development of the new Part 41 for uranium recovery facilities, CNWRA shall prov de staff with a broad variety of skills. The CNWRA shall provide the services of staff in the following technical areas - health physics, geotechnical engineering, geochemistry, surface water hydrology, grourgiwater hydrology, geohydrology, environmental science, and socio-economics. Familiarity with the techn' al and operational aspects of c
uranium and thorium recovery facilities, both at conventional mills and at ISL's is required.
' n addition to these technical skills, in order to perform the regulatory analyses required for the i
rulemaking, CNWRA shall also provide the services of staff who have the capability to conduct regulatory analyses and systems engineering analyses.
4.0.
Level of Effort The estimated total effort to perform the analyses of the changes that need to be made to the NRC regulations for uranium and thorium recovery facilities, to prepare the report documenting the analysis of changes, and to provide support in preparing the proposed rule, the stateme'nt of considerations, and the miscellaneous regulatory /rulemaking documents is 2,863 man hours for the base portion, Phase I (seven months) and the option portion, Phase ll and ill is estimated to
{
be 2,863 man hours _(18 months).
5.0 Comoletion Dates 4 Completion of the base (Phase 1) of this task onier is estimated to oe 7 months, and the option (Phase il and lil) is estimate to be eighteen morcths.
.c 3
6.0 Scone of Work
/=
- The CNWRA staff shall use 10 CFR Part 40 and other applicable Parts of 10 CFR, including parts 20, and Part 51; applicable standard review plans for Title I and Title 11 (both available and under development); available NRC urainum recovery policy and directive guidance, in particular relating to the regulation of in situ leach uranium recovery facilities; Option 7 of DSI 9 of NRC's strategic assessment documents which outhnod the use of uranium recovery facilities -
for the desposal of materials from the clea60p of other matenal hcensee facilities; uranium recovery related portions of_NRC's National Program Review; problems with the implementation of Part 40 as identified by the industry, the Agreement States, the public, and the NRC staff; I
- NRC rulemaking guidance documents; and discussions with NRC staff to complete the following:
]
' BASE PERIOD Phase I: Regulatory Analysis l
o.
Review the NRC's applicable and associated regulations for uranium and thorium l
' recovery facilities, analyze the needed regulatory requirements,' identify where changes to the NRC regulations are needed, propose changes and regulatory text that could be made to the NRC regulations, and prepare a draft final report documenting this process y
and the results of the analysis. Changes may be required after NRC review. An active l;
dialogue shall be maintained between the CNWRA and NRC staff while this report is '-
i:
being developed.
o.
Develop the Regulatory Analysis, includir.g the Small Business Faimess Enforcement Act Analysis.
o The contractor shall not proceed with Phase 11 without written approval from the NRC Contracting Officer.
' OPTION PERIOD Phase 11: Draft Rule
- o
' Should the NRC proceed with Phase ll, the contractor shall provide support in the development of the draft regulatory text and the Statement of Considerations as requested by NRC.
f o-Prepare the draft EIS for the rulemaking.-
l 9
Develop other draft regulatory supporting documents, including the OMB Paperwork Reduction Analysis and the Regulatory Flexibility Analysis, o
- Should the NRC exercise the option, the contractor will be notified in writing by the NRC Contracting Officer. This would initiate work described in Phase til below.
1 4
/
Phasa Ill: Final Rule o.
As necessary, provide support to NRC staff for related public meetings.
o Analyze public and Agreement State comments on the proposed rule. Prepare the analysis of comments required for the Federal Register Notice and the rulemaking package.
o-Prepare the Final EIS.
o_
Prepare the final Regulatory Analysis, Small Business Fairness Enforcement Act Analysis, OMB Paperwork Reduction Analysis, and Regulatory Flexibility Analysis.
.The Center shall communicate extensively with NRC as all of these documents are developed,
- and shall provide drafts for NRC staff review and comment
.~.
7.0 -
Meetings and Travel Base Period
- Many NRC records which cannot be readily provided may have to be researched. Therefore, some trips to search the NRC records may be necessary. Also, the CNWRA staff shall have to -
travel to Washington, D.C. in order to coordinate on the development of various documents. ' It is estimated that 7 one person trips of one week duration to Washington D.C. may be necessary to support this activity.
Option Period it is likely that NRC will hold a public meeting to support the rulemaking in each of three' states -
New Mexico, Utah, and Wyoming. The CNWRA would be expected to support these meetings.
it is estimated that 2 CNWRA staff would be required to travel for a 2-3 day period to each
' meeting.
8.0 NRC Furnished Materials i 4RC will fumish the materials listed under Section 6.0 Scope of Work above-or other documents referred to in this SOW, or will fumish materials as requested by the CNWRA staff.
Otherwise, the CNWRA staff will have to access NRC public document rooms.
9.0 -
Milestones and Schedule (CNWRA Products marked by asteriski Base Period
- Provide report on proposed changes to current requirements:
8/98
- Provide draft Regulatory Analysis / including Small Business Faimess Enforcement Act Analysis:
8/98
,v.
6 Option Period
/
'~
- Provide Draft EIS 10/98 Draft regulatory text and Statement of Considerations prepared '
11/98
- Provide draft Regulatory Flexibility Analysis 10/98
- Provide draft Paperwork Reduction Analysts 10/98 Proposed rule package submitted for. -
Office Concurrence 2/99 EDO Concurrence
' 3/99 -
Comm Concurrence
- 4/99 Proposed rule issued 5/99
~ End of 90 day comment penod
- 8/99 -
- Provide Analysis of public comments 10/99
- Prepare FEIS 11/99
- Prepare: Final Reg Analysis and SBFEA 12/99-Regulatory Flexibility Analysis 12/99 Final OMB paperwork reduction analysis -
12/99 Final Regulatory Text and Statement of Considerations prepared 12/99 Final rule submitted for:
Office concurr'ence 3/00
,12.0 Technical Direction
- Janet Lambert, of the Uranium Recovery Branch, will be designated as the NMSS Technical Monitor for this rulemaking activity. ' Deborah DeMarco is designated as the NRC Project Manager. Technical instructions may not constitute new assignments of work or changes of such a nature as to justify an adjustment in cost or period of performance. Directions, if any, for changes in scope of work, cost, or period of performance will be issued by the NRC Project Manager.
/
_ _ _ _ _ _ _. _ _