ML20236W878

Responds to Re Fulfillment of DOE & NRC Responsibilities for Decontamination & Decommissioning of Bmi Hot Cell Trust Fund.Nrc Confirmatory Survey Will Depend on Bmi Final Radiological & DOE Confirmatory Survey

ML20236W878
Person / Time
Site:	07000008
Issue date:	12/03/1987
From:	Rouse L NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
To:	Langsam M ENERGY, DEPT. OF
Shared Package
ML20236W880	List: ML20236W878 ML20236W906
References
NUDOCS 8712080285
Download: ML20236W878 (2)

Text

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1. UNITED STATES bt! S 4r

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8 o NUCLEAR REGULATORY COMMISSION E WASHINGTON, D. C. 20555 b . = . , e -

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• • • • DEC 0 31987 E = r: ., -

Docket No. 70-8 (

Mr. Martin' A. Langsam, Chief Acquisition & Assistance Operations Office

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U.S. Department of Energy N ~1 Chicago Operations Office g

9800 South Cass Avenue _ _

Argonne', Illinois 60439

Dear Mr. Langsam:

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In my letter to you dated August 11, 1987, I said that we wouTd respond ~to~

your let.ter of June 12, 1987, regarding fulfillment of DOE and NRC responsibilities for decontamination and decommissioning (D&D) of Batte11e's-Columbus Laboratories facilities, after we took action on the release and use of Battelle's Hot Cell Trust Funds. This letter provides the stated response.

On August 25, 1987, Battelle sent NRC a letter requesting for the benefit of the Trustee that NRC provide notification of current approval of the decommissioning plan referred to in the Trust Agreements. Such reconfirmation of NRC approval would then be sent by Battelle to the Trustee. We provided the reconfirmation by letter dated. September 23, 1987 (copy enclosed.)

However, we understand that Battelle has not yet submitted the letter to the Trustee, so we do not know if the Trustee is prepared to authorize disbursements from the Funds.

For our part, we stated in the letter that we have no objection to disbursements from Sattelle's Trust Funds for expenses associated with decommissioning in accordance with the approved conceptual decommissioning plan, prior to DOE making available the bulk of the funds at later times.

With regard to agreement between DOE and NRC on the standards, criteria, etc.

to which the D&D effort will be performed, you included a listing of standards and criteria as part of proposed contract modification language. With the inclusion of NRC's Branch Technical Position on Disposal or Onsite Storage of Thorium or Uranium Wastes from Previous Operations and the guidance for disposition of soil contaminated with transuranic elements discussed in my is There August 11, 1987 letter, we believe that the listing is appropriate.

always the possibility, of course, that new DOE or NRC standards and criteria to which Battelle will be subject will be developed or existing ones changed

~during the D&D effort.

.You suggested thatt from the standpoints of cost, time, administrative effort, and efficiency of accomplishing the D&D goals, one agency (DOE) should be l

responsible for overseeing the D&D effort. You pointed out We thatagree suchthat anDOE l

arrangement was made for Batte11e's Plutonium Laboratory. However, there are at should be responsible for overseeing the D&D efMrt.

least three areas in which NRC cannot abrogate its regulatory responsibility

to protect worker and public health and safety and the environment while l Batte11e's license remains in effect. These are

87120802B5 871203 PDR ADDCK 07000008 C PDR L ___

,. Mr. Martin A. Langsam 2

1. Inspection of Batte11e's licensed activities by NRC's Region III Office to determine whether Battelle is in compliance with the terms of its license and NRC regulations.

2. After NRC's amendments on decommissioning of nuclear facilities become effective, submittal by Battelle of a detailed decommissioning plan for NRC review and approval. Since this action would likely occur after Battelle and DOE have already completed a similar action, the possibility of future conflicts exists. In order to preclude or at least minimize i

such conflicts, I suggest that you provide NRC a copy of the plan that Battelle submits- to DOE.so that we may comment on the plan prior to your acceptance of it. Later, as detailed NRC requirements are developed, we would discuss with you these requirements and any potential conflicts we perceive prior to our taking any action with Battelle. In my September 23, 1987 letter to Battelle, I said that we do not anticipate that the plan would be inconsistent with NRC requirements. The actions suggested here would further strengthen my statement.

3. Submittal of Battelle's final radiological survey (or surveys if D&D is performed on individual or groups of facilities) to NRC in accordance with 10 CFR Parts 30.36, 40.42, and 70.38. The extent of any subsequent NRC confirmatory survey will depend upon the results of Battelle's survey, DOE's confirmatory survey, the facility, and the type, form and quantity of radioactive material used. I note that we deleted Battelle's Plutonium Laboratory as an authorized location of use based upon Batte11e's survey, DOE's confirmatory survey, and inspections by our Region III Office.

Additionally, I suggest that NRC representatives participate from time to time in meetings you hold with Battelle to review progress of the D&D effort.

We do not believe that a memorandum of understanding or other contract between DOE and NRC is necessary to achieve agreement on the common issues related to D&D of the Battelle facilities. If you agree that the arrangements discussed in this letter comprise a satisfactory response to the proposals in your letter of August 11, 1987, I will appreciate your acknowledgement. If you have any questions about matters raised in the letters, please contact my Project Manager, Mr. Peter Loysen, at FTS 427-4205.

Sincerely, NinaMignedb1 NRl^ e O de l MaI0fial Leland C. Rouse, Chien Fuel Cycle Safety Branch, .

Division of Industrial' add., - - - -

Medical Nuclear Safe tg.,' _

Ecclosure: As stated File:

cc: Mr. Jerome R. Bahlmann. Mr. Harley L. Toy ,T.'d+f..-OO~c7 o Distribution: *

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' Docket 70'-Bi- NMSS R/F PDR IMSB R/F IMAF R/F LCRouse Ptoysen GATerry (FLBrewn GFrance, RIII Cha-._

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DATE:11/30/87: 11/30/87: 11/30/87:  ;

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