ML20236U280

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Notation Vote Both Approving & Disapproving W/Comments SECY-98-117, Shelwell Svcs,Inc Risk Assessment
ML20236U280
Person / Time
Issue date: 06/22/1998
From: Mcgaffigan E
NRC COMMISSION (OCM)
To: Hoyle J
NRC OFFICE OF THE SECRETARY (SECY)
Shared Package
ML20236U271 List:
References
REF-10CFR9.7 SECY-98-117-C, NUDOCS 9807290428
Download: ML20236U280 (2)


Text

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l. NOTATION VOTE 1

1 RESPONSE SHEET TO: John C. Hoyle, Secretary j

FROM: .

COMMISSIONER MCGAFFIGAN t

SUBJECT:

SECY-98-117 - SHELWELL SERVICES, INC., RISK ASSESSMENT l

Approved x Disapproved x Abstain i i

Not Participating Request Discussion 1

COMMENTS:

I approve the staff's proposed use of a probabilistic approach, but disapprove the staff's use of the Option 2 approach and instead approve Option 1. See attached comments. l t  !

i SIGNATURE lh _

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[UU Release Vote / / s 11, N'l 8 DATf!

Withhold Vote / X/

Entered on "AS" Yes X No 9807290428 980630 ,

PDR COMMS NRCC C CORRESPONDENCE PDR Q 9f01240Y21 __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Commissioner McGaffican's Comments on SECY-98-117:

I approve the staff's proposed use of a probabilistic approach in detemiining whether the Shelwell site may be released for unrestricted use and I believe that such an approach is totally consistent with the license termination rule. In calculating a total effective dose equivalent to an average member of the critical group, it is clear that a probabilistic approach will often be required. Indeed, probabilistic concepts are built into the dose models, for example in specifying model parameters. I agree with the recommendations in the risk assessment that old equipment should be removed and surveys should be performed of potentially contaminated soil and building areas including the areas under the removed equipment, and that all contaminated areas should bc wiped down to ensure that easily removable contamination is removed.

I disapprove of the Option 2 approach and instead support the Option 1 approach--continue reviewing Shelwell's license termination request, using the probabilistic approach, and provide the State with an opportunity to provide input during the process, including public meetings.

Under Option 2, I am concerned that if an agreement can not be reached with the State in the near term this approach will prolong the license termination process for a site where the staff has performed a comprehensive risk assessment and concluded that the resultant risk is acceptable. I am also concemed that a prolonged regulatory process in which NRC's review of the license termination is on hold while negotiations with the State take place will negatively impact the licensee's financial ability to fund the necessary remediation efforts, as implied in a recent letter from Shelwell. I recognize that, if an agreement is not reached with the State, the licensee could find itself subject to a different decommissioning standard imposed by the State ifit becomes an Agreement State but this could occur under either option. Therefore, I support Option I since it will provide for a more efficient and timely regulatory process. As indicated in the paper, the staff should seek approval from the Commission before an action is taken to terminate the license if Ohio does not support the action.

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'g ,o June 30, 1998 OFFICE OF THE SECRETARY MEMORANDUM TO: L. Joseph Callan Executivp Director,for Operations

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FROM: John d 'oy crebry SUBJEC t . STA' FF REQUIREMENTS - SECY-98-117 - SHELWELL SERVICES, INC., RISK ASSESSMENT The Commission has approved the staff's proposed use of a probabilistic approach in determining whether the Shelwell sits may be released for unrestricted use. The Commission has disapproved the pursuit of Option 2 and directs the following course of action.

1. The staff should continue to review Stielwell's license termination request, using the probabilistic approach, and provide the State an opportunity to provide input during the process (consistent with Option 1). Consideration should be given to the progress towards Agreement State status by Ohio and the potentialimpact

. that might have on this licensee.

2. The staff should simultaneously inform EPA of the NRC's approach to license termination for Shelwell Services, Inc.
3. If Ohio does not support the action to terminate the license, the staff should seek Commission approval of action to terminate the license as discussed in SECY-98-117.

(EDO) (SECY Suspense: 10/9/98) l l

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's cc: Chairman Jackson Commissioner Dicus Commissioner Diaz Commissioner McGaffigan OGC CIO CFO OCA OlG 4

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