ML20247E734
| ML20247E734 | |
| Person / Time | |
|---|---|
| Site: | 07000371 |
| Issue date: | 04/16/1998 |
| From: | Fewell J NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I) |
| To: | Bonito R UNITED NUCLEAR CORP. (SUBS. OF UNC, INC.) |
| References | |
| NUDOCS 9805180445 | |
| Download: ML20247E734 (3) | |
Text
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NUCLEAR REGULATORY COMMISSION 5
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475 ALLENDALE ROAD KING OF PRUSSIA, PENNSYLVANIA 19406-1415 April 16, 1998 l
i Mr. Robert F. Bonito General Manager of Operations UNC Naval Products Division /UNC Incorporated l
l P.O. Box 981 l
Uncasville, CT 06382-0981 l
SUBJECT:
71 SHELTON AVENUE, NEW HAVEN, CONNECTICUT
)
Dear Mr. Bonito:
l On April 15,1907, Mario Miller and I met with you and other individuals representing j
UNC, Inc. to discuss a potential plan to address the contamination levels at 71 Shelton Avenue which exceed relevant regulatory guidelines.
l i
This meeting occurred as a result of the September 16-17,1996, NRC and Oak Ridge Institute for Science and Education (ORISE) special safety inspection at 71 Shelton Avenue (formerly identified as Buildings 3H and 6H for activities previously authorized by NRC 1
License No. SNM-368,last held by United Nuclear Corporation). Although no violations l
were identified within the scope of that inspection, the results of that inspection ieport and l
NRC inspection Report 070-00371/96-001, dated July 26,1996, indicate that the facility l
continues to hava areas that are contaminated with enriched uranium above current NRC release guidelines.
During the April 15,1997 meeting, you questioned the legal basis for the NRC's request l
that UNC, Inc., as the parent company for the previous licensee and owner of Buildings 3H j
arid 6H, provide to the NRC its plans to further characterize and ultimately remediate, if necessary, the areas with enriched uranium above 30 picoeuries/ gram of soil or sediment.
/'
We are again requesting your cooperation in this matter. Absent voluntary cooperation, j
l we will consider whether other action is necessary on our part, including issuing an order j
requiring UNC, Inc. to engage in necessary site characterization and remediation. We l
believe that we have the authority to issue such an order and that issuing an order may be l
r
/
appropriate in this caso.
l l
In general,10 CFR 2.202 authorizes the issuance of an order to a person (including a corporation) who is not a licensee with respect to any matter of public health and safety or l
the common defense and security within the subject matter jurisdiction of the Atomic j
Energy Act of 1954, as amended. The legal basis for this is laid out in the Federal Register j
at 56 FR 40664 (August 15,1991), which expressly noted that jurisdiction under the Atomic Energy Act could extend to the case of a former licensee with respect to activities l
performed previously under an NRC license.
l
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9805180445 900416 PDR ADOCK 07000371 C
c- - - - - - - -- --
e Mr. Robert F. Bonito 2
Please advise Marie Miller at 610-337-5205 of your plans to reach resolution of this matter. If we do not hear from you, within 30 days of the date of this letter, we will proceed to initiate actions as discussed above.
I in accordance with Section 2.790 of the NRC's " Rules of Practice," Part 2, Title 10, Code of Federal Regulations, a copy of this letter will be placed in the Public Document Room.
Your cooperation with us is appreciated.
f i
Si
- ely,
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y rahe ewel egional Counsel Docket No.: 070-00371 License No.: SNM-368 cc:
Leslie A. Hulse, Esq., Counsel - Environmental Matters James N. Christman, Esq., Hunton & Williams State of Connecticut h
l
i Mr. Robert F. Bonito 3
Distribution:
i Region I Docket Room (with concurrences)
H. Miller, RA W. Axelson, DRA M. Landis, ORAU B. Fonner, OGC J. Parrott, NMSS W. Dean, OEDO PUBLIC Nuclear Safety information Center (NSIC)
DOCUMENT NAME: G:UNC1.WPD Tm receive a copy of this documort Indicate in the box: "C" = Copy without attachment / enclosure "E" = Copy with attachment / enclosure
- N" = No copy 0FFICE RI:DNMS l
RI:DNMS 64 RI:DNMS A /J RI:RC l
l NAME MMilleQ2ff1FJ RBellamy RBloug W BFewellUfk V
UATE 04/15/98 04/i6/98 04// 6 /98 04/ lA /98 04/
/98 0FFICIAL RECORD COPY i80004