ML20246Q358
| ML20246Q358 | |
| Person / Time | |
|---|---|
| Issue date: | 05/12/1989 |
| From: | Bernero R NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | Kammerer C NRC OFFICE OF GOVERNMENTAL & PUBLIC AFFAIRS (GPA) |
| References | |
| REF-WM-3 NUDOCS 8905220454 | |
| Download: ML20246Q358 (3) | |
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MAY 121989 MEMORANDUM FOR: Carlton Kammerer, Director State, Local, and Indian Tribe Programs FROM:
Robert M. 'Bernero, Director Office of Nuclear Material Safety and Safeguards
SUBJECT:
DRAFT PROPOSAL FROM UTAH FOR AN AMENDMENT TO UTAH'S SECTION 274b AGREEMENT LLWM staff has reviewed the draft agreement amendment and has provided the following comments for your consideration.
The staff is concerned that Utah has not addressed either the specific comments on their proposed LLW regulations provided to them by SLITP last summer or the more broad based concern regarding site ownership, expressed in M. Knapp's memo to you dated Sept. 23, 1988, on the draft agreement amendment.
Regarding land ownership of a~ low-level waste facility, the amended agreement package seems to contain contradictory information. Utah has adopted regulations which conform to 10 CFR Part 61 on the issue of land ownership.
However, on'pages 10 and 11 of the amendment request, Utah makes a case.for private ownership of a similar facility which is supported by the argument:
"The Utah code does not provide for' State ownershi) of this type of facility and it would require legislative action to amend tie code." The State of Utah should provide clarification on this issue. We believe it is essential that Utah have enabling legislation that will allow the State to own LLW disposal facility sites as set out in 10 CFR Part 61 and the equivalent Utah regulations.
The staff also has concerns regarding the acceptance of the financial surety arrangement discussed on page 12. Without knowing the details of the trust agreement referenced therein, it is difficult to comment on the adequacy of that type of instrument as it may be applied to a low-level waste disposal facility.. Further, it seems unlikely that all that would be required to be accomplished during a default closure could be accomplished with the trust fund created by the licensee.
The State has provided no narrative documentation of the compliance program which will support the LLW regulatory program. This area should 5e described in the formal submittal package.
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j UTAHAMEN. DOC ;
j In summary, the staff review of the draf t amendment agreement package has
. identified several significant concerns regarding the Utah proposed agreement amendment to license and regulate the disposal of low-level waste. We believe o
these concerns should be addressed and resolved through-further negotiation
.l before accepting the amendment request for final approval.
If you have any questions about nur comments, please contact Paul Lohaus at x 20553.
h Robert M Ber ero, Dire Office of Nuclear Material Safety and Safeguards c
(Distribution:
(NMSS8900208)
(Camtral:Fild # 409.45
-RBangart, LLWM JGreeves, LLWM MBell, LLRB JSurmeier, LLTB PLohaus, LLOB JShaffner, LLOB CPaperiello NMSS RBernero, NMSS CJenkins, NMSS AHenry, LLWM JJones, LLOB tf JJones, LLOB rf
/ / Category: Proprietary / /
or CF Only /- /
ACNW YES /T7 NO / /
SUBJECT ABSTRACT:
PROPOSED UTAH 274b AGREEMENT
- See Previous Concu NMSS
- NM55 0FC :LLOB*
- LLOB*
- LD
- lLW
.............__............__.4y
.... _ _ {.
NAME:JShaffner/jj :PLohaus
- JGreevds :RB gart :CPapa iello :RBer ro 5
DATE: 5/11/89
- 5/11/89
- 0$/l{ /89
- 0 /)l/89 : f//7/89
- 5//2/89 0FFICIAL RECORD COPY
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' }i UTAHAMEN. DOC In summary, the staff review of the draft amendment agreement package has identified several_significant concerns regarding the Utah proposed agreement amendment to license and regulate the disposal of low-level waste. We believe these concerns should be addressed and resolved through further negotiation before accepting the amendment request for final approval.
If you have any questions about our comments, please contact Paul Lohaus at 20553.
Robert M. Bernero, Director Office of Nuclear Material Safety and Safeguards i
Distribution:
(TICKET # 890 08)
Central File # 409.45 RBangart, LLWM
'JGreeves, LL MBell, LLRB JSurmeier, LLTB PLohaus, LLOB JShaffner, LLO CPaperiello, HMSS RBernero, NMSS CJenkins, NMSS AHenry, LLWM JJones, LLOB tf JJones, LLOB rf HMSS rf PDR YES /X /
PDR NO
/ / Category: Proprietary / /
r CF Only / /
ACNW YES /T7 NO L/
SUBJECT ABSTRACT:
PROPOSED UTAH 274b AGREEMENT nr1A 0FC :LLOB 4
- LLO
- LLWM
- LLWM
- NM55
- NM55 NAME:JSha fner/jj :PLohaus
- JGreeves :RBangart :CPapariel
- RBernero BATE 5))[hb9
$[)ff)b9 $ ) )b9
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b9 b9
$ / /b9 0FFICIAL RECORD COPY l.
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