ML20236S382
| ML20236S382 | |
| Person / Time | |
|---|---|
| Issue date: | 05/09/1986 |
| From: | Jennifer Davis NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | Harold Denton, Minogue R, Taylor J NRC OFFICE OF INTERNATIONAL PROGRAMS (OIP), Office of Nuclear Reactor Regulation, NRC OFFICE OF NUCLEAR REGULATORY RESEARCH (RES) |
| Shared Package | |
| ML20236Q363 | List: |
| References | |
| FOIA-98-110 NUDOCS 9807240294 | |
| Download: ML20236S382 (8) | |
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UNITED STATES
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g NUCLEAR REGULATORY COMMISSION j
WASHINGTON, D. C. 20555
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t MEMORANDUM FOR:
Those on the Attached List FROM:
John G. Davis, Director Office of Nuclear Material Safety and Safeguards
SUBJECT:
COORDINATION OF NRC NWPA RELATED ACTIONS The Office of Nuclear Material Safety and Safeguards, as NRC Progrr.. Area Manager for Waste Management, has the programmatic responsibility for overseeing and coordinating'NRC actions mandated by the Nuclear Waste Policy Act of 1982 (NWPA).
In meeting the requirements of this Act, it is necessary that NMSS and other NRC offices interact, individually or in concert, with DOE.
Given the high priority and highly visible nature of this program, it is imperative that all such interactions be fully coordinated with NMSS.
Attached are copies of the NRC/ DOE Procedural Agreement and the NRC/ DOE Site Specific Agreement which outline procedures for consultation and exchange of information between the Department of Energy and Commission staffs on high-level waste site characterization activities (Enclosures 1 and 2).
Please call these Agreements to the attention of your staff, particularly Sections 2 and 7 of the Procedural Agreement, and Sections 2 and 3(b) of the Site Specific Agreement which address policy and procedures for scheduling, reporting, and conducting meetings, and which provide agency points of contact.
Also enclosed is one of the letters sent to the Governors of those States with potentially acceptable high-level waste geologic repository sites.
In this letter, Joseph Bunting, NMSS (427-4590), was designated NRC point of contact for State Liaison (Enclosure 3).
NRC procedures for routinely sending high-level waste related documentation to the NRC Public Document Room and associated Local Public Documents Rooms have been established (reference Manual Chapter 3203,Bulletin 3203-15, NRC Policy for Routinely Making NRC Records Publicly Available).
In August 1984, a toll free telephone recording was established for notification of upcoming meetings between NRC and DOE in the waste management program.
This recording is updated weekly, or when changes occur; the number is 1-800-368-5642, Extension 79002, or 427-9002 for Washington area callers.
Nancy Still, 427-4664, is the agency point of contact for recording and can provide guidance for placement of documents in the Public Document Room.
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9807240294 980714 PDR FOIA GARDNER98-110 PDR 1
- )
., In addition, I request that each office, during the forthcoming development of the FY88 budget, discuss projected high-level waste program activities, schedules, and resource requirements with NMSS prior to meeting with the Budget Review Group on the high level waste program.
Each office should identify a point of contact for this activity and, by May 21, 1986, notify Donald Mausshardt, Deputy Director, NMSS (427-4066), of their appointee or, if appropriate, confirm that the office plans no activities within and will not request budget resources for the Waste Management Program.
Michael Kearney, DWM (427-4610) will serve as the NMSS point of contact for budget interaction.
I)
M L-f 617 efJrAchn G. Davis /, Director Office of Nuclear Material Safety and Safeguards cc:
V. Stello, ED0
Enclosures:
1.
NRC/ DOE Procedural Agreement 2.
NRC/ DOE Site Specific Agreement 3.
Ltr dtd. 8/17/86 from J. Davis, NMSS to Governor Scott Matheson, Utah l
l l.
- .~
I TRIBUTION:
(NMSS 860190) d N:s/f JGreeves NMSS: r/f PJustus Section: r/f MKn' app
~
z, / c 4 Originator JLinehan MAY 0 91986 PAltomare REBrowning G/86/03/20/EDO LETTER MKearney MJBell
. DMattson RSBrown JSurmeier DMausshardt l
J0 Bunting JGDavis MEMORANDUM FOR:
Those on the Attached List FROM:
John G. Davis, Director Office of Nuclear Material Safety and Safeguards
SUBJECT:
COORDINATION OF NRC NWPA RELATED ACTIONS The Office of Nuclear Material Safety and Safeguards, as NRC Program Area Manager for Waste Management, has the programmatic responsibility for overseeing and coordinating NRC actions mandated by the Nuclear Waste Policy Act of 1982 (NWPA).
In meeting the requirements of this Act, it is necessary that NMSS and other NRC offices interact, individually or in concert, with DOE.
Given the high priority and highly visible nature of this program, it is imperative that all such interactions be fully coordinated with NMSS.
Attached are copies of the NRC/ DOE Procedural Agreement and the NRC/ DOE Site Specific Agreement which outline procedures for consultation and exchange of information between the Department of Energy and Commission staffs on high-level waste site characterization activities (Enclosures 1 and 2).
Please call these Agreements to the attention of your staff, particularly Sections 2 and 7 of the Procedural Agreement, and Sections 2 and 3(b) of the Site Specific Agreement which address policy and procedures for scheduling, reporting, and conducting meetings, and which provide agency points of contact.
Also enclosed is one of the letters sent to the Governors of those States with potentially acceptable high-level waste geologic repository sites.
In this letter, Joseph Bunting, NMSS (427-4590), was designated NRC point of contact for State Liaison (Enclosure 3).
NRC procedures for routinely sending high-level waste related documentation to the NRC Public Document Room and associated Local Public Documents Rooms have been established (reference Manual Chapter 3203,Bulletin 3203-15, NRC Policy for Routinely Making NRC Records Publicly Available).
In August 1984, a toll free telephone recording was established for notification of upcoming meetings between NRC and DOE in the waste management program.
This recording is updated weekly, or when changes occur; the number is 1-800-368-5642, Extension 79002, or 427-9002 for Washington area callers.
Nancy Still, 427-4664, is the agency point of contact for recording and can provide guidance for placement of documents in the Public Document Room.
OFC :WMPC *
- WM *
- WM *
- PPAS *
- NMSS *
- NMSS NAME :J0 Bunting
- MJBell Et6rowning :RSBrown
- DMausshardt :JGDavis DATE :85/03/25
- 86/03/25
- 86/03/25
- 86/03/25
- 86/03/26
[ 'TRIBUTION:
(NMSS 860190) 6..s/f JGraeves' NMSS: r/f PJustus Section:r/f MKn' app Originator JLinehan PAltomare REBrowning 414.8/AG/86/03/20/EDO LETTER MKearney MJBell DMattson RSBrown JSurmeier DMausshardt J0 Bunting JGDavis In addition, I request that each office, during the forthcoming development of the FY88 budget, discuss projected high-level waste program activities, schedules,'and resource requirements with NMSS prior to meeting with the Budget Review Group on the high-level waste program.
Each office should identify a point of contact for this activity and, by May 21, 1986, notify Donald Mausshardt, Deputy Director, NMSS (427-4066), of their appointee or, if appropriate, confirm that the office plans no activities within and will not request budget resources for the Waste Management Program.
Micha'el Kearney, DWM (427-4610) will serve as the NMSS point of contact for budget interaction.
Md d:M B.6 dhg J
f,JohnG. Davis, Director p Office of Nuclear Material Safety and Safeguards cc:
V. Stello, EDO
Enclosures:
1.
NRC/00E Procedural Agreement 2.
NRC/ DOE Site Specific Agreement 3.
Ltr. dtd. 8/17/86 from J. Davis, NMSS to Governor Scott Matheson, Utah WMPC
- WMPC
- AGiarratana DMattson 3/21/86 3/21/86 (SEl: PREVIOUS CONCURRENCE *)
PPAS *
- NMSS *
- NMSS 0FC :WMPC *
- WM *
- WM *
.p:,..................................................
NAME :J0 Bunting
- MJBell
- R fg :RSBrown
- DMausshardt :JGDavis 4gy....................................................
DATE :85/03/25
- 86/03/25
- 86/03/25
- 86/03/26
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i W 09 5 ADDRESSEE LIST FOR MEMORANDUM DATED
.i' Harold R. Denton, Director Office of Nuclear Reactor Regulations Robert B. Minogue, Director Office of Nuclear Regulatory Research James M. Taylor, Director Office of Inspection & Enforcement Ronald M. Scroggins, Director and Controller Office of Resource Management Guy H. Cunningham III Executive Legal Director G. Wayne Kerr, Director l-Office of State Programs Thomas E. Murley Regional Administrator, RI J. Nelson Grace Regional Administrator, RII James G. Keppler Regional Administrator, RIII Robert D. Martin Regional Administrator, RIV John B. Martin Regional Administrator, RV l
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l-l 1
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Fedsrel R:gis
/ Vol. 48. No.160 / Thursday. August 1983 / Notices 38701
- f. I i
then'nent to the IAEA Senior Advisory for interf, ace during site investi2ation conducted at a candidate site or the #
l Croup which reviews and modifies as and site charactenzation of sites for a submission of reporis orithe nature and necessary the drafts of all codes and geologic repository under the Nuclear extent of site charactenzation' activities gu; des prior to their being forwarded to Waste Policy Act of 1982. The text of at a candidate site and the information the IAEA Secretariat and thence to the this agreement is published below, developed from such activities.
l IAEA Member States fer comments, poR FURTHER INFORMATION CONTACTt t NRC On. Site Representatives Taxing into account the comments Mr. Robert E. Brownmg. Acting Director, received from the Member States. the Dt.ision of Waste Management. Nuclear As early as practicable following Senior Advisory Group then modifies Regulatory Commission. Mail Stop 623-area phase field work, NRC on. site the draft as necessary to reach SS. Wa shington. DC 20555: (301) 427-representatives will be stationed at each agreement before forwarding it to the 4200.
site undergoing investigation principally IAEA Director General with a to serve as a point of prompt Dated at Silver Spring. Maryland. this teth recommendation that it be accepted.
day of August 1983.
informational exchange and As part of this program. Safety Guide For the Nuclear Regulatory Commission.
consultation and to preliminarily SG-011. Operational Management of identify concerns about such Ph 0. suntio I]3,f, gjc,,,j,t [vcess ond tntesmrion investigations relating to potential Radioactive Effluents and Wastes g
Ansing in Nuclear power Plants, has y,,ch, gjyj,jon og wo,,, yanagemang, licensing issu s.
been developed. The working group
- ' M###i"##
consisting of Mr. E. Hladky from Procedural Agreement Between the U.S.
Czechoslovakia: Mr. A. Higashi from Nuclear Regulatory Commission and From the time this agreement is lapan: Mr, A. B. Fleishman from tas the U.S. Department of Energy entered into, and for so long as site United Kingdom; and Mr. L C. Oyen, Identifying Guiding Principles for characterization activities are being (Sargent and 1, undy Engineers) from the Inte: face During Site Investigation and planned or are in progress. DOE and U.S.A developed the initial draft of this Site Characterization NRC will schedule and hold meetings guide from an IAEA collation. This draft periodically as provided in this section.
This Procedural Agreement outlines was subsequently modified by the IAEA A wntten report agreed to by both DOE Technical Review Committee for
{0C gha of oQa" on hi and NRC will be prepared for each Operation, and we are now soliciting meeting including agreements reached.
Commission (NRC) and the Department public comment on a modified draft (DOE) will observe in connection with a.Techzucal meetmas will be held (Rev. 2. dated June 24.1983). Comments between DOE and NRC technSal staff the charactenzation of sites for a received by the Director. Office of geologic repository under the Nuclear to: review and conrJt on interpretations Nuclear, Regulatory Research. U.S.
Waste policy Act of 1982. The purpose of data: identify potentiallicensing Nuclear Regulatory Commission.
of these procedures is to assure that an issues: agne upon the sufficiency of Washington, D.C. 20555 by October to, information flow is maintained between available information and data: and 1983, will be particularly useful to the the two agencies which will facilitate agree upon methods and approaches for U.S. representatives to the Technical the accomplishment by each agency of the acquisition of additionalinformation Review Committee and the Senior and data as needed to facilitate NRC its responsibilities relative to site Advisory Group in developing their.
6 *=tication and characterization under reviews and evaluations and for staff positions on its adequacy pnor to their the !4m ! Waste Policy Act (NWPA).
resolution of such potentiallicensing next IAEA meetings.
The agreement is to assure that NRC issues.
Single copies of this draft Safety receives adquate information on a
- b. Periodic management meetings will Guide may be obtained by a written timely basis to enable NRC to review.
be held at the site specific project level request to the Director. Office of Nuclear evaluate. and comment on those DOE whenever necessary, but at least Regulatory Research. U.S. Nuclear activities of regulatory interest in quarterly, to review the summary results Regulatory Commission. Washington, accordance with DOE's project decision of the technical meetings; to review the D.C. 20555.
schedule and thereby facilitate early status of outstanding concerns and p 11.S.C. 5:2(all identification of potentiallicensing issues: discuss plans for resolution of Dated at Washington. D.C. this 19th day of issues for timely staff resolution.The outstanding items and issues: tt update August 1983.
agreement is to assure that DOE has the schedule of technical meetings and For the Nuclear Regulatory Corr. mission.
prompt access to NRC for discussions other actions needed for staff resolution Robert 5. Moogue, and explanations relativa to the intent.
of open items r. garding site Director. Ofice ofNuclear Regulatory meaning and purpose of NRC comments characterization programs: and to
- Research, and evaluations on DOE activities and consult on what generic guidance is so that DOE can be aware. on a current advisable and necessary for NRC to in on. as.:ws rii.o.24.as;e s. t auma caos me we basis, of the status of NRC actions prepare. Unresolved management issues relative to DOE activities, will be promptly elevated to upper Th!s Procedural Agreement shall be mananement for resolution.
NRC/ DOE Procedural Agreement subject to the provisions of any project
- c. Early technical meetings will be aosNcy: Nuclear Regulatory decision schedule that may hereafter be scheduled to discuss written NRC Commission.
established by DOE. and any comments on DOE documents such as ac'now: Notice of NRC/ DOE Procedural regulations that may hereafter be Site Characterization Flana. DOE's semi-adopted by NRC. pursuant to law. In annual progress reports, and techmcal Agreement
- l particular, nothing herein shall be reports to foster a mutual understanding summany: The Nuclear Regulatory construed to limit the authonty of the of comments and the information or f~ommission and the Department of Commission to require the submission of activities needed for staff resolution of Energy have signed a Procedural information as part of a general plan for the comments.
Agreement identifying guiding principles site characterization activities to be
- d. In formulating plans for activities ENCLOSURE 1
g p
3870g Federd Regist:r / Vol. 48. No.166 / Thursday. August 25. 1983 / Notices
' I which DOE will undertake to develop Dated: June 27.19a3.
Power requested that the Commissio.
ir, formation needed for staff resolution Robert L Morgan.
halt operation of Mame Yankee until thr cf potenbal hcensmg issues. DOE will project ofrector. Nuclear waste Pohey Act license "has demonstrated that it has I
meet with NRC to provide an overv:ew Pro /ect OVice. US Deporfment o/ Energy.
adequate financial backing and of the plans so that NRC can comment Dated. June 17.1933 adequate financial support to rai c on their sufficiency. These discussion' John C Davis.
capital requirement to cont.nue will be held sufficiently early so that Director. 0".cc c'Nsc!earMaterio/ Sa ery operation to make and rh.snees or r
eny changes that NRC comments mav andSa'eg oros. t/S Nuclearnesc!atory capitalinvestmen:s requ. red by the antail can be duly considered by DOE m commission.
NRC. and tu provide foi the fund.ng of a manner not to delay DOE activi+ies.
n n m e r i.ii s.a.m e u..,q its shutdown and di.pos ! of spent fuel
- e. Schedules of activities pertamine to sus o cooe rm.ei-u st the end of its hcensed term." Safe t:chnical meetings will be made pubhcly Power also asked that tne Commasion available. Potential host States and deterrmne what amounts Maine Yani &
affected Indian tribes will be notified (Docket No. 50-309; CU-83-2 t l shouid collect to provide for decommissioning and disposal of spent and invited to attend technical meetings Maine Yankee Atomic Power Co.
covered in this section (Section 2.
(Maine tankee Atomic Power Station);
fuel and ordgr the creation of a trust fund in whic.1 these monies would Meetings). The notification will be given Memorandum and Order en a timely basis by the DOE. These aucun.ulate until needed.
The Commission has considered and t:chnical meetmas wdl be open in denying Safe Power's petition the neetings with members of the pubhc affinns the Director's Decision. DN Director correctly observed that the 4 1983 de i veing permitted to attend as observers.
{is u,ed Fe *ua Commissions' concern wi+ fnancial t
P
- ' licensee is li ted to J. TimelyRelease ofinformation 962 pe it cn of S f P e
, htho
- a. Data collected during site and John Jerabek (collectively " Safe to the protectio i of pub!ic health and
{
investigations will be made available to Power") for acuon pursuant to 10 CFR safety > AUegations about financial NRC on a current. continuing basis after 2.206. Safe Power sought an order to diff culties at an operstmg facility are the DOE (or DOE contractors quality show cause why Maine Yankee Atomic not be themselves a sufficient basis for assurance checks that are inherent in power Company (" Maine Yankee" or acticn to restrict operations. In the determming that the data has been "hcensee") should not be ordered to Commission rulemaking. cited by the cbtained and documented properly.
discontmue operation of its nuclear Director. which eliminated the fmancl.1
- b. DOE's analyses and evaluations of power plant at Wiscasset. Maine,in qualification review for electnc utilities.
data will be made available to NRC in a light of Safe Power's allegations of 47 F.R.13750 the Commission noted the timely manner.
Maine Yankee's financial incapability absence of evidence that fmancial to operate the Wiscasset facility safely problems are inevitably linked with
( Site Specific Samples and dispose of spent fuel now stored corner-cuttuig on safety? Thus, even there and to be Fenerated during the had the Commission retained its Consistent with mutually agreed on remainder of the licensmg penod. The financ;al qualifications review procedures. DOE will provide NRC with Commission has concluded that denial requirements. a showmg the Maine
(
site specific samples to be used by NRC of this petition lay within the Director's Yankee was undergomg financial 1r independent analysis and discretion but notes that subsequent difficulties would not by itself require va untion.
developments provide additional that the Commission halt operations at I
rect s decision.
that plant > On the other hand.
]
- 5. Agency use ofinformation ord gly at It is understood that information made declinmg to review the Director's l
available to either Agency under this decision the Ccmmission is issumg the
' Recantiv m a.n opmion issued subsequeni to in-agieement may be used at that Agency's memora :dum and order to enlarge the U',','c',*' ',[';" '1su p me s n of n
eption in carrying out its discussion of the issues raised by the
,conim,a petition.
Tne weer Repututory commi,sion INRc1 * * '
responsibilities.
In its petition for a show cause order does not purport to eiercise iis suinarity based on
'c'""* c ca"deranons. to cra e 4. and hee
- 6. Project Specific Agreements Safe Power alleged a number of
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circumstances indicating " poor financial Project specific agreemerts to condinon of Maine Yankee" 8 Safe hro'p"o'.7n's'io $n's'!Nc"i.'n[o,[r.Y[n"ucd.*r",'N,,
implement the above principles will be pi.nt 47 F R 13?st in its nonce of ruie reposi. ip n:gotiated within 120 days of the time
% succeuive ordere of the secretary pursuant r.RC stat 6J that unhty fmancial quehficanons are
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this agreement is entered into.These to to ent ar2. the hme in which the Comnussion only of concern to Ine NRC if re;ated to the pubbc
- *"'"***'*'D pr:iect specific agreements will be emiended to July 2s.1963.'"5'"' D'c** *"
Porde Cos & Electerc Ca e. State Energy tsiloted ta the specific projects to reflect m, e...eri,4 ci,com,i.nc,, meiod, gi, t... of Aesources conservorion andoeveio, men,
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the differences in sites and project funds obtamed throueh plertse of the company's Commession.
U.S.
. r8 led. 2d 752. 767 Organizations.
stock of nuclear fuel for purposes other then 110630 purchase. remanufacturtns and handhns of nuclear
- The Comerussion's rule is currently under revien
- 7. Nothing in this agreement shall be fwi. (2 nad to uk for uriy peyment trom cooini m th o c. circun m um Ens /ond coohrion on construed as limiting forms of informal Meme Power Company to mMt Mame Yanku o Nuclear Podurion v NnC. No. a2-1381 consultation not mentioned in this dady cash recurement because its unsecured
- tJnder Section 186 of the Atomic Energy Act the b n wms haut nu ben m.ched. tai nh. nun of cornnuumn in.y make. ac,n.e when. condition agreement (for example, telephone all of Maine Yansee a estabhaned sources of capital exists that wou4d have permated the Commission t.
Conversation or exchanges of reports).
wah inf exception of mfusion ol.ddition.1 caramon een, ine ac,ose m the first mitance, buiit i noi These other consultations will be
'Ed* an'nbunons by its sponeer.. and (4) need regiured io do so. e,peci.ii, who,e me.n..nori og documented in a timely manner.
fm a n'c m""s'"
8""'"'" c""""" *' '"I l'""" '"P*'m mailat la to Provida P
contmued assurance of pubhc health and safety.
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Unit d Stttes Govcrnma.
Dapcrtmant of Enargy memorandum DATE Septer:t>er 18,1984 AEPLV TO i
4Tru o' RW-23 susa ct DOE /NRC Site-Specific Procedural Agreement for Geologic Repository Site Investigation and Characterization Program R. Stein, RW-23 C. Vieth, NNWSI C. Head, RW-23 C. Baker, CRP0 S. Mann, CRP0 L. Casey, SRPO J. Neff, SRPO J. Mecca, BWIP L. Olson, BWIP J. Szymanski, NNWSI Aft.* a long and arduous negotiation and signing process, the DOE /NRC Site %pecific Procedural Agreement has been completed and is hereby issued for i
use. Appendix 7 is, of course, still under development and will be issued later. Thank you all for your help in completing this agreement.
_. )
J. William Bennett Acting Associate Director Office of Geologic Repositories
Attachment:
Signed copy of DOE /NRC Site-Specific Procedural Agreement
~7 gyg[gjfg WM Project -
cc:
Docket No.
PA: Rrowning, NRC (w/o attach.)
POR
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R. Purple, RW-43 (w/ attach. )
DR_ 7 - ----
J. Fiore, RW-22 (w/ attach.)
_ Distribution:
R. Balney, RW-22 (w/ attach.)
%-Sun rg M. Frei, RW-23 (w/attaca.)
(g_g j A. Jelasic, RW-24 (w/ attach.)
[ Return to tYM. 62M5)~ ~
~
C. Cooley, RW-24 (w/ attach.)
E. Burton, RW-25 (w/ attach.)
- 8. Gale, RW-25 (w/ attach.)
G. Parker, RW-25 (w/ attach.)
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pe ENCLOSURE 2
AGREEMENT BETWEEN THE DEPARTMENT OF ENERGY'S OFFICE OF GE0 LOGIC REPOSITORIES PROJECTS (BWIP, NNWSI, SRP, CRP) AND THE NUCLEAR REGULATORY COMMISSION'S DIVISION OF WASTE MANAGEMENT DURING THE SITE INVESTIGATION AND CHARACTERIZATION PROGRAMS AND PRIOR TO THE SUBMITTAL OF AN APPLICATION l
FOR AUTHORIZATION TO CONSTRUCT A REPOSITORY This agreement implements, on a project-specific basis, the Procedural Agreement
- made between the Commission (NRC) and the Department (D0E) and l
supersedes all previous project-specific agreement (s) between NRC (Division of Waste Management) and DOE (Office of Geologic Repositories) regarding information exchange and consultation for potential repository sites. This agreement implements Section 6 of the DOE /NRC Procedural Agreement which 1
requires that project-specific agreements, tailored to the specific project and reflecting differences in sites and project organizations, be negotiated to implement the principles established in the Procedural Agreement. Because this project level agreement is drawn to implement the principles set forth in the Procedural Agreement, appendices detailing project-specific items as necessary are attached.
These appendices will be updated, added to, or
~
changed as required. Nothing in this agreement shall be construed either to modify the Procedural Agreement in any way or to confer rights on any party other than the parties to these agreements.
1.
NRC On-Site Representatives (ors)
At such time as the NRC ors are stationed at each site, they are to be provided with office space that can be readily visited by members of the public and is near the DOE Project Offices and site activities (where Project Office and site activities are not convenient to one another, two separate offices will be provided). Where such office space can be provided in DOE facilities, DOE is to provide such space. Otherwise, the DOE is to provide space in its facilities near the Project Offices and site activities and the NRC is to provide space that can be visited by the public.
The NRC OR shall be afforded access to personnel, project records and facilities at the respective site, geologic repository operations area and j
adjacent areas, research facilities and other contractor and subcontractor areas. Access will be subject to applicable requirements for proper identification and compliance with applicable access control measures for security, radiological protection and personnel safety. Records as used above shat) inciude all records that would be generally relevant to a potential licensing decision by the Commission.
Included in this category are records kept by DOE and DOE contractors and subcontractors accessible to DP'.
Project-specific conditions are discussed in the appendices.
'" Procedural Agreement Between the U.S. Nuclear Regulatory Comission and the U.S. Department of Energy Identifying Gt ding Principles for Interface During Site Investigation and Site Characterize fon" herein referred to as the Procedural Agreement (FR 48:38701).
I
$ON 8 lNf(*
i
)
2 2.
Meetings A.
Technical Meetings Schedules agreed on, pursuant to Section 2.e of the Procedural Agreement, for future meetings covering approximately a three month period will be updated at least weekly and posted prominently in the local and headquarters pubite document rooms (PDRs) of both the NRC and the DOE. In addition, a toll-free telephone service will be operated by DOE headquarters to announce the meeting schedules. A description of this process for making the schedule of upcoming meetings publicly available will be provided by a DOE annual Federal Register Notice. Affected State / tribal representatives will be given the opportunity to participate at the technu.41 meetings.
Dates for major technical meetings will be agreed to as far in advance as is practicable with a goal of four months in advance. Final agreement as to agenda and participants normally will both be reached a minimum of 10 working days prior to the scheduled date for the meeting and be posted in the PDRs. Deviations from the agreed to agenda are permitted upon agreement of NRC and the cognizant DOE Project Office. Although both agencies will use their best efforts to provide the indicated lead times, nothing in this section shall be construed as preventing the scheduling of technical meetings with shorter lead times by mutual agreement. The host agency has the responsibility for organizing and conducting technical meetings.
B.
Management Meetings As part of the discussion during management meetings held under Section 2.b of the Procedural Agreement, issues related to policy, budget, program scope, comitment of resources and program schedules may be included as appropriate. The host agency has the responsibility for organizing and conducting management meetings. The procedures established in Section 2.A above regarding dissemination of schedules and agendas for the technical meetings will also be used to disseminate schedules and agendas for the management meetings.
C.
Meeting Reports A meeting report containing a summary of important observations and issues. discussed at meetings will be jointly prepared by DOE and NRC for the Technical and Management meetings discussed above, and signed or initialed by representatives of both agencies at the conclusion of each meeting. An opportunity will be provided for State /affected tribal representatives to add their coments and observations to and initial the meeting summary. A standard format, shown in Appendix 6, will be used in the preparation of meeting reports. The DOE will issue meeting reports within two weeks after the meeting. The DOE will also provide the meeting reports to the affected States and Indian Tribes and its PDRs. The NRC will distribute meeting reports to its PDRs.
r-
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l 3
3.
Timely Release of Infomation l
A.
Report inventory Each agency will develop as soon as practicable and thereafter maintain and exchange an inventory of reports, plans, procedures, and technical positions (products) both completed and in process. This inventory will include descriptions of product scope and purpose as l
well as the scheduled dates for completion of draft and final products. The inventories will be updated and exchanged at least cuarterly. This will allow each agency to request products from the other and thereby influence priorities for release.
B.
Points of Contact Respective points of contact for the individual DOE projects and the NRC are defined in the appendices. Either agency may change their
~
points of contact unilaterally with prior notification to the other party. Other organizations within the NRC will work through these designated points of contact within the NRC's Division of Waste Management for interactions with the DOE's Office of Geologic Repositories Projects. Details of the information exchange will be-determined by the individual project's requirements and defined in the i
appendices as appropriate.
Technical consaunications are intended solely for the exchange of infomation and ideas by NRC and DOE personnel involved in the various technical areas relating to site infomation programs for potential repository sites.
Individuals participating in such communications have no authority to present official NRC or DOE positions or to nake official policy statements on behalf of either NRC or. DOE.
l C.
Site Investigation and Site Characterization Data for Potential Repository Sites To keep the NRC on-site representative infomed regarding what data will be forthcoming and when, DOE will notify the representative of j
the schedule of planned field and laboratory testing covering as long a period as practicable. The representative will also be notified of changes to the test schedule. The schedule and any notification of changts to the schedule will also be provided to the cognizant NRC Repository Projects Branch Section Leader (see Appendices 1-4).
The DOE will develop as soon as practicable and thereafter maintain a catalog of data. This catalog will include descriptions of the data, l
the time, place, and method of acquisition, and where it may be examined. This catalog will be updated and provided to WRC at least quarterly. Upon NRC request and at a location chosen by the DOE, the DOE will make data available to the NRC for examination. After the quality assurance checks specified in Section 3.a of the Procedural j
Agreement have been completed which will nomally be within 45 days from data acquisition either in the laboratory or in the field, data Because will be provided to NRC in a hard-copy fomat upon request.
,a
)
4 I
of the preliminary nature of these data, all such data placed in the POR wi11 carry the following caveat:
"QA checks on data contained here have only been performed to determine that the data has been obtained and documented properly.
The DOE cautions that any information is preliminary and subject to change as further analyses are performed or as an enlarged and perhaps more representative data base is accumulated. These data and interpretations should be used according1y."
The NRC will also notify the DOE of its schedule (and.those of its contractors) of planned field and laboratory testing conducted at or with samples from potential repository sites and will establish, maintain, update, and provide to the DOE an inventory of data as described in the preceding paragraph.
4.
Site Specific Samples Consistent with the procedures specified in Appendix 5, the DOE will provide the NRC with site-specific samples.
5.
Terus of Agreement The terns of this agreement will be reviewed annually and nay be amended at any time by mutual consent, in writing.
6.
Effective Date j
This agreement shall enter into force on the latter date of signature by l
the parties.
4 9
c-____-____-____________
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l Signature Blocks l
l NRC DOE l
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1; 2-20-8Y RE L~.i l-William Bennett Robert Browning
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eting Associate Director Director J
Office of Geologic Repositories Division of Waste Management (NMSS/NRC) 0-
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Jeff 0. Neff HuberyMiller SRP0 Manager Chief /
DOE-CH Repoditor Projects Branch (NMSS/NRC s
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- 0. Lee Olson James Kennedy BWIP Manager BWIP Section Leader DOE-RL i
Dfnald L. Vitth Seth Coplan i
/
NNWSI Manager NNWSI Section Leader DOE-NV
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'A. I$LA.v.nu Sally 4. Mann QohnLinehan CPO Manager Salt Project Section Leader DOE-CH 1
f s.
I Appendix 1 - BWIP l
1.
Points of contact between NRC and DOE projects a.
Formal Communications BWIP Project Manager to and from NRC BWIP Project Section Leader 00E NRC Project Office Manager Section Leader U.S. Department of Energy BWIP Project Section Richland Operations Office Division of Waste Management BWI Project Office U.S. Nuclear Regulatory Commission P.O. Box 550 7915 Eastern Avenue l
Richland, WA 99352 Silver Spring, MD 20910 b.
Technical Communications BWIP Staff /
Area NRC Contractors Perfomance Assessment Salt Project Section R. T. Wilde Leader or designee Repository Design Mining, Geoengineering R. J. Gimera Facility Design Section Leader or designee Quality Assurance BWIP Project Section M. S. Karol Leader or designee Geology Geology / Geophysics S. M. Price Section Leader or designee Geochemistry Geochemistry Section P. F. Salter Leader or designee Rydrogechgy Hydrology Section G. S. Hunt Leader or designee l
Waste Package Materials Engineering M. J. Smith l
Section Leader or
(
designee General BWIP Project Section J. Mecca Leader or designee
Appendix 2 - SRP0 1.
Points of contact between NRC and DOE projects a.
Fomal Conraunications Salt Repository Project Office (SRPO) Manager to and from NRC Salt Project Section Leader NRC DOE Section Leader Manager Salt Repository Project Office Salt Project Section U.S. Department of Energy Division of Waste Management U.S. Nuclear Regulatory Commission 505 King Avenue Columbus, OH 43201 7915 Eastern Avenue Silver Spring, MD 20910 b.
Technical Cocraunications SRPO Staff /
Area NRC Contractors Quality Assurance BWIP Project Section TBD Leader or designee i
Perfomance Assessment Salt Project Section TBD Leader or designee Waste Package Materials Engineering T8D Section Leader or designee Repository Mining, Geoengineering TBD Facility Design Section Leader or designee j
i Exploratory Shaft Mining, Geoengineering TBD I
Facility Design Section Leader or designee Geology Geology / Geophysics TBD Section Leader or designee j
Hydrology Hydrology Section TBD I
Leader or designee Geochemistry Geochemistry Seetion TBD Leader or designee I
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Appendix 3 - NNWSI l
1.
Points of contact between NRC and DOE projects j
a.
Formal Communications i
NNWSI Project Manager to and from NRC NTS Project Section Leader DOE NRC i
Director, Waste Management Section (Gt Section eader i
Project Office NTS Proje DOE Nevada Operations Office Division of Waste Management P.O. Box 14100 U.S. Nuclear Regulatory Commission i
~ Las. Vegas, NV 89114 7915 Eastern Avenue j
Technical Communications NNWSI Staff /
Area NRC Contractors Quality Assurance BWIP Project Section Michael Spaeth, SAI Leader or designee Performance Assessment Salt Project Section Thomas Hunter, SNL Leader or designee Waste Package Materials Engineering Larry Ramspott, Section Leader or LLNL designee l
l Repository Mining, Geoengineering Thomas Hunter, SNL Facility Design Section Leader or designee i
Exploratory Shaft Mining, Geoengineering Donald Oakley, LANL Facility Design Section Leader or designee Geology
- Geology / Geophysics William Dudley, Section Leader or USGS designee l
Hydrology Hydrology Section William Dudley, Leader or designee USGS Geochemistry Geochemistry Section Donald Cakley, LANL Leader or designee
).
Appendix 4 - CPO 1.
Points of contact between NRC and DOE projects a.
Formal Communications DOE NRC Chief, Repository Projects Branch Hanager Crystalline Repository Division of Waste Managemer.t Project Office U.S. Nuclear Regulatory Commission DOE Chicago Operations Office 7915 Eastern Avenue 9800 South Cass Avenue Silver Spring, MD 20910 Argonne, IL 60439 l
b.
Technical Communications TBD 2.
Other Project-Specific Features Consistent with the provisions of Section 1 of the Procedural Agreement, the NPC Onsite Representatives (OR) for the CPO will be stationed folic vin I area-phase field work. Thus, the provisions of this project specific agreement related to ors are not applicable until the OR is on-site.
It may be in both agencies' interests to arrange for an OR and hold technical meetings prior to completion of area-phase field work; this will be evaluated periodically.
Pending completion of the area-phase field work, the CPO will be exempt from the quarterly management meetings required under section 2.b of the Procedural Agreement. Until that time,' management meetings will be held only as necessary.
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. y Appendix 5 ACQUISITION OF SITE-SPECIFIC SAMPLES DURING SITE INVESTIGATION AND SITE CHARACTERIZATION BY NRC CONTRACTORS Nuclear Regulatory Comission (NRC) contractors need, in some instances, site-specific samples of rock, minerals, and ground water or brine from sites being studied by the Department of Energy (DOE) as potential geologic repositories for high-level radioactive waste. The NRC contractors need such samples to carry out selected independent site-specific investigations and relevant researt:h supporting the NRC's licensing responsibilities. The DOE will support these projects with site-specific samples to tL extent practicable.
In order to facilitate satisfying NRC requests for site-specific samples with a minimum of inconvenience to all parties, the following points are agreed to:
1.
Each DOE field project office will identify their designee to the respective NRC Project Section Leader and, where available, the NRC onsite representative (OR), for all coanunication concerning the procurement of site-specific samples by NRC contractors.
2.
Written requests to the DOE for site-specific samples for NRC contractors will originate from the NRC Project Section Leader and will be transmitted by letter to the DOE field project office manager for that site in sufficient time for the DOE to review the request and, if approved, to prepare the sample. A copy will be provided to the OR when one is assigned for the site. The DOE field project office designee shall acknowledge receipt of all requests by letter.
3.
The DOE retains the right to decline requests in cases where the requested sacples are needed by the DOE to fulfill its site characterization responsibilities, when the requested samples arv i
scarce or prohibitively expensive to collect, or when the request seriously impairs the DOE's schedule or program for site characterization. See also points 10 and 11 concerning management resolution of any problems on this point.
4.
In order to assure that appropriate samples will be available prior to transmitting a written request, the NRC Project Section Leader, or designee, should consult with the DOE field project office designee for the particular site as to sample availability.
Inquiries on sample availability can be answered on the basis of current site i
inventory records.
If samples are not available, the DOE will arrange for their acquisition providing such requests are within the i
DOE plans for site investigation's and site characterization. See point'6 below.
5.
All written requests for samples shall include pertinent inforination such as the name of the laboratory, the designated laboratory contact, the timeframes within which samples are needed and testing l
will be perforised and the date that any uncontaminated core samples j
that have not been destroyed by planned testing will be returned. An
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2 l
example of a sample request fom is attached. To the extent practicable, the request should be accompanied by documents that explain the purpose of the tests such as the NRC statement of work for the project, a written description or specification for the testing procedure to be used, any special sample collection, preservation, handling, or transportation requirements, and expected methods for interpretation of results. This will help ensure that the samples provided by the DOE are appropriate for the tests planned l
by the NRC contractor. The NRC-approved quality assurance program
{
for the laboratory performing the investigation shall accompany all
%ititil NRC requests for samples for that laboratory.
6.
All requests for samples riot already available, e.g., core from new boreholes, must sufficiently precede the NRC contractor's need so that. samples can be collected within the DOE's site characterization program and a; a reasonable convenience to DOE field project offices. The DOE will provide as much flexibility in scheduling sample collection and responding to requests as possible within current program schedules. Accordingly, for samples not already available or planned for under the DOE's plans, adequate advance notice will be needed to incorporate the request for new samples into.
the site. investigation and characterization program. This advance notice must also allow for preparation and submittal to the State for an application for authorization, where required, to remove the sample from the State and for securing the necessary approval.
7.
The DOE field project office designee will provide a sample description document with the sample (s) to assist the NRC contractor in ascertaining the compatibility of the sample with the specific test. The sample description document shall provide pertinent inforr.ation on the sample, such as sample designation, data collected, date collected, description of sample, person collecting sample, depth collected, stratigraphic unit sampled, sampling techniques and conditions, initial measurements of properties at the time of sample collection, results of any subsequent tests or measurements, any methods of preservation or special handling, and proposed method of shipment to the NRC contractor. The NRC should identify any special methods and conditions for shipping samples.
8.
The NBC contractor will nomally return to the DOE facility that furnished the sample, through the NRC Project Section Leader, a reciprocal sample description document with pertinent infomation such as sample designation, a description of the sample as received, preparation or treatment of the sample prior to testing, initial readings prior to testing, any modifications to testing procedure or a >paratus, testing results, quality control checks, significant observations during testing, interpretation of test results, and disposition of sample (s) after testing. Uncontaminated core samples that have not been destroyed by planned tests will be returned to the DOE as soon as practicable after use.
3 9.
In implementing each of the above provisions, thert should be a free exchange of infonnation. Telephone communications to coordinate activities and discuss sampling schedules and testing are encouraged between the NRC or NRC contractors and designated DOE representatives. Requests for actiort: requiring significant expenditure of DOE or DOE contractor man-hours must be made in writing by the NRC Project Se: tion Leader.
- 10. The DOE will pay reasonable costs associated with sample collection, preservation, handling, and transportation... The DOE field project office designee will identify any extraordinary costs s'ich may require resolution on a case-by-case basis under point 11.
I
- 11. The DOE field project office designee will identify any requests i
which cannot be met, including the basis for such conclusions, to the l
DOE field project office and NRC Project Section Leader for
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resolution on a case-by-case basis at the next management meeting as specified under Section 2b of the Procedural Agreement.
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I SAMPLE REQUEST FORM i
I Please type or print Date of Request Requester: Name Organization Address Telephone Is Requestor a DOE Project Subcontractor? Yes No l
If yes: Contract Number Expiration Date If no:
Funding Source Contract Nunber Expiration Date Samples Requested Core Sample (s)
Well ID Depth Interval Requested Full Cort Half Core Quarter Core Other Soil Sample (s)
Well ID
. Sample Type: Shelby Tube Drive Pitcher Bulk Other Depth Ihterval Requested Quantity l
Water Sample (s)
Well ID Depth Interval Requested Quantity
l SAMPLE REQUEST FORM (CONTINUED)
Time Frame Date Samples Needed Time Required to Complete Testing / Analysis Time Required to Publish Results Format of Results Objectives of Test: to be Performed Test Method Use/Need _for Test Data /Information in Geologic Repository Program Preparation, Packaging, Transportation Requested Preparation Procedure Packaging Procedure Transportation Procedure Sample to be Shipped to:
Name Organization Address Telephone Comments: Also, please attach any additional materials, such as test plans.
l Appendix 6 STANDARD FORMAT FOR MEETING REPORTS DATE/ LOCATION OF MEETING ATTENDEES / ORGANIZATIONAL AFFILIATION BACKGROUND / FACTS 1.
What information was reviewed, exchanged, and discussed (Summary listing fashion) 2.
What agenda of discussion was OBSERVATIONS i
1.
NRC questions, suggestions, or comments on scope and direction of the DOE technical program.
(Best a* tempt made to identify all important matters) 2.
DOE observations l
3.
State / Tribal observations (an opportunity will be given to States / Tribes to made observations on the DOE technical program)
AGREEMENTS l
l OPEN ITEMS 1.
Technical questions for further discussion 2.
Specific responsibilities for information exchange and commitment on other business matters.
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l Appendix 7 AGREEMENT CONCERNING THE NRC ON-SITE REPRESENTATIVE (OR)
FOR THE REPOSITORY PROJECTS IN THE SITE SUITABILITY AND PLANNING PHASE
-T80-SmA S
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o, AUG 17 ist The Honorable Scott Matheson l
Governor of Utah Salt Lake City, Utah 84114 l
Dear Governor Matheson:
Passage of the Nuclear Waste Policy Act of 1982 was a significant development'in federal relations with the States for the safe management of spent fuel and high-level radioactive wastes.
Among other things, the Act establishes a critical new relationship between the Department of Energy (DOE) and those States with potentially acceptable sites. This relationship will require a sustained and systematic exchange of views and information between these States and DOE at even step in the repository siting process.
To begin to carry out this process, Energy Secretary Hodel sent letters on February 2, 1983, to those six States having potentially acceptable sites for a high-level waste repository.
The States that received the DOE letters of notification were Louisiana, Mississippi, Nevada, Texas, Utah and Washington.
The Nuclear Regulatory Cosmission (NRC) staff believes that an orderly system of communication between the NRC and these States is also in the best interest of all parties concerned.
We feel it would be mutually beneficial to work with a duly constituted State representative or authority to serve as the primary contact for NRC coordination with the State.
^ Although the responsibilities assigned to the State contact would be entirely up to the State, it would be most useful to us if this individual or body were responsible for such functions as:
- 1) identi-fying State information needs appropriate for NRC to provide under the Act; 2) notifying interested State and local officials of relevant NRC meetings and workshops; 3) distributing to interested State and local I
officials information and data on repository-related NRC activities, i
including the NRC " determinations or plans" described in Section 117(a) l of the Act; 4) identifyi potential licensing issues that would be of l
concern to the State if E were to recommend a site within the State for repository ^ development; and 5) generally coordinating all State inputs to NRC reviews and activities concerning any potentially acceptable site within the State.
i ENCLOSURE 3
= ?!9hW101%'T e2pp,
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1 The Honorable Scott Matheson We would appreciate having your State designate the person or body to serve as our contact.
Since the Act requires DOE to consult and cooperate with the Governor and the legislature of a State with a site under investigation, and the State may desire a parallel structure for its relationship with NRC, I as addressing our request both to you and to the State legislative leadership to facilitate a coordinated designation of the NRC contact.
I as also sending copies to the Department of Energy for its information.
The point of contact I have designated here at the Nuclear Regulatory Commission for State liaison is Mr. Joseph Bunting, Chief, Licensing Process and Integration Branch, Division of Waste Management,.Tfice of Nuclear Material Safety and Safeguards, Mail Stop 623-55, Washington, DC 20555, phone (301)427-4427.
Please feel free to have your staff contact Mr. Bunting or myself if you have any questions, i
We look forward to a mutually productive relationship in the implementation of the Nuclear Waste Policy Act of 1982.
Sincerely, (Signed) John G. Davis John G. Davis Director Office of Nuclear Material Safety and Safeguards cc:
The Honorable Miles Ferry, President of the Senate The Honorable Norman H. Bangerter, Speaker of the House Mr. Randy G. Moon, State Science Advisor Mr. Robert Morgan, USDOE Identical letters sent to: The Honorable Miles Ferry The Honorable Norman H. Sangerter
._