ML20217F619
See also: IR 05000213/1978001
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UNITED STATES
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NUCLEAR REGULATORY COMMISSION
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101 MARitTTA ST., N.W Sl'ITE 3100
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ATLANTA. o EoRotA 30303
APR 18 1980
South Carolina Department of Health
and Environmental Control
ATTN: Mr. Richard P. Wilson
Assistant Attorney General
2600 Bull Street
Columbia, SC 29201
Gentlemen:
This refers to the several requests for assistance or information made to this
office by Mr. Wilson regarding your investigation into allegations made by' Susan
Byers Lott concerning Chem-Nuclear's low-level waste facility near Barnwell,
The information you have requested is provided in the enclosures.
You will note
that Enclosures 2A through 9H are copies of our internal case file documents
which should not be further disseminated.
All significant information contained
in those documents will be reflected in our final investigation report and we
will be happy to provide you with a copy of that report when it is issued.
We appreciate your cooperation in this matter.
If we can be of further assistance
please contact me.
1
incerely b
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1Y%
pr1E. Alderson
Senior Regional Investigator
Enclosures:
1.
Summary of Information Requested
by State of South Carolina
2.
Hemos to Case File
A.
Telephone Interview of Paul Schutt
B.
Telephone Contact with Robert Fancher, Sr.
C.
Telephone Interview of Ted E. Caddell, Sr.
D.
Telephone Interview of George Stukenbroeker
E.
Telephone Interview of Richard Hayden
F.
Telephone Interview of Jackie Brewster
G.
Telephone Interview of Randy Ledford
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H.
Contact with U. S. DOT
3.
IE Rpt. No. 50-245/78-16
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4.
IE Rpt. No. 50-336/78-13
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S.
IE Rpt. No. 50-213/78-01
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cc: (See Page 2)
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9700060228 970730
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MCMURRY97-256
476106072f
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South Carolina Departseat of Ilealth
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cc w/encist
U. S. Department of Justice
ATIN: Mr. John Dicon
General Litigation and
Legal Advice section
Criminal Division
Washington, D. C.
20530
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ENCLOSURE 1
SUMMARY OF INFORMATION REQUESTED BY STATE OF SOUTH CAROLINA
A.
SOURCES OF SPENT FUEL
Bai,ed on our review of the deposition of Susan Byers Lott it appears that
she has alleged that spent fuel was shipped to Chem-Nuclear's Barnwell site
for burial during the period October 1977 - March 1978.
She states that
there were "three jobs altogether" and mentions " Boston Edison," " North
East Nuclear," and " Nuclear Assurance" in various parts of the deposition.
It should be noted that the NRC requires written notification of all transfers
of special nuclear material and routinely inspects fuel inventory records
at fuel manufacturing facilities and nuclear power plants to verify compliance
with this requirement.
These inspections include a periodic independent
verification of the inventory by an NRC inspector.
These inspections have
not disclosed any missing fuel assemblies from any licer. sed reactor facility.
With regard to the 26 alleged shipments from Boston Edison, an oncite
investigation conducted by NRC representatives at the Pilgrim Nuclear Power
Station on March 5-7, 1980, failed to disclose any information which would
tend to support the allegation.
Based on an independent, 100 percant audit
by the investigators, all fuel inventory records appeared to be in order
and a physical count of fuel assemblies on site indicated that none were
missing. You were provided a draft of our report documenting this activity
(IE Report 50-293/80-12) and we will provide a copy of the final report
when it is issued.
The deposition of January 14, 1980, is unclear as to whether Mrs. Lott is
alleging that spent fuel was received from " North East Nuclear" or whether
she is stating that control rods were received from that company.
In any
event, a review of our records indicates that an inspection conducted by
NRC inspectois at Northeast Nuclear Energy Company's Hillstone Nuclear
Power Station on May 9-11, 1978, included a physical inventory of all spent
fuel and a review of all material trantSr documents.
No discrepancies
were identified.
Copies of IE Report Nos. 50-245/73-16 and 50-336/78-13
documenting this inspection are included as Enclosures 3 and 4.
In that Northeast Utilities Service Corporation is interrelated with the
Connecticut Yankee Atomic Power Company in addition ,to the Northeast Nuclear
Energy Company, we have also checked our records regarding,the Haddam Neck
facility and determined that an inspection was conducted on January 9-12,
1978, which included a piece count of all fuel assemblies in the spent fuel
pool and cross-checking of various records.- No discrepancies in spent fuel
inventory were identified. We are also including as Enclosure 5, a copy of
IE Report No. 50-213/78-01 which documents that inspection.*
The deposition of January 22, 1980, is unclear regarding " Nuclear" Assurance."
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It is dif.ficult to tell whether Mrs. Lott is stating that they used a
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particular cask or alleging that they brought in spent fuel.
Nuclear
Assurance Corporation (NAC) is a service company headquartered in Atlanta,
Information obtained from the President of NAC is provided in
Enclosure 2A.
B.
FEASIBILITY OF DETECTING FRESENCE OF SPENT FUEL
The NRC has discussed the feasibility of making above ground measurements
at Chem-Nuclear's Barnwell disposal site to determine the presence of spent
fuel in the burial trenches with two of our contractors who have considerable
experience and expertise in such matters.
It is their opinion, and ours,
that it is extremely unlikely that any above ground measurements would
confirm the presence or absence of spent fuel under several feet of compacted
clay and in the presence of other radioactive materials which are known to
be buried in the trenches.
Notwithstanding, there are methods to make such a determination. All
material in the trench in question could be disintered for visual examina-
tion. This would be both extremely hazardous and extremely costly. Another
approach would be to drill small dry wells every few feet along the trench
to the approximate depth of the buried materials and using measuring equipment
or foil activation techniques, attempt to determine the presence of bignifi-
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cant neutron-radiation levels which would be indicative of the presence of
spent fuel. While this latter approach would be safer and less expensive
than the former, it would still present a significant hazard and cost.
In
view of our findings in Paragraph A above and the findings of your investi-
gation to date, it does not appear that the costs and exposures to personnel
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to such hazards are justified at this time.
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C.
SPENT FUEL CASKS WITH FORCED COOLING
In her deposition of January 14, 1980, Hrs. Lott states that a driver
bringing a shipment from Boston Edison had called ahead to the Tri-State
terminal because the cooling system motor on the silver bullet had stopped
functioning. She further states that Ted Caddell, a Tri-State driver told
her that it was very important that the motor should never stop.
The NRC issues Certificates of Compliance for all radioactive materials
shipping containers. A search of our files, as well as discussions with
NRC representatives responsible in the area of transportation of radioactive
materials indicates that no spent fuel shipping container utilizing a
motor-driven forced cooling system has ever been certified by the NRC for
over-the-road shipments.
In fact, the NRC's policy 'is that spent fuel
casks must utilize passive cooling systems so'that faifures of the type
alluded to by Mrs. Lott cannot occur.
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AnNRCinvestigatorcontactedTedCaddellhadotherTri-Stateemployees
regarding this matter by telephone.
The information obtained is documented
in Enclosures 2B through 2D. Additional information obtained is documented
in Enclosure 2E.
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QHIS IS A WORK!NG DOCUMINT AND THE INFORMATION PRESENT[0 l$ A$ INiilALLY
RR!iVID'TUtildaJERIFICAil0N AND [ VALUATION MIGHT BE NECIS$ARY. II 15
NOT 10 81 DIS $tMINAl[D%CONSIDERIO UNDER ANY CONDITION AS COMPLETE
AND ACCURATE INFORMAflDN.
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D.
ADDITIONAL SOURCES OF INFORMATION
During the course of the investigation two individuals were identified to
the NRC as possibly being able to provide inforta3 tion which would support
the allegations made by Mrs. Lott.
Both individuals were contacted by
telephone by an NRC investigator. These contacts are documented in
Enclosures 2E and 2F. One of these individuals providad the name of a
third individual who was also contacted by the NRC investigator.
The
results of that contact are documented in Enclosure 20.
These individuals
did not provide any substantive information which would corroborate
Mrs. Lott's allegations.
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E.
DOT REQUIREMENTS
Both individuals who were alleged by Mrs. Lott to have helped Mr. Posik
change drivers' logbooks were contacted by the NRC investigator (see
Enclosures 2F and 2G)-
Tne US Department of Trn sportation's office in
Atlanta was also contacted regarding this Glegation and the investigation
that Mrs. Lott alleges was performed by DOT during 1978. As indicated in
Enclosure 211, no such investigation was performed.
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