ML20247J743

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Documents 890907 Discussions Re P Lohaus Withdrawal of Commitment to Conditionally Concur in Remedial Action at Green River Site.Interactions Continuing on DOE QA Program
ML20247J743
Person / Time
Issue date: 09/19/1989
From: Bangart R
NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
To: Baublitz J
ENERGY, DEPT. OF
References
REF-WM-39 NUDOCS 8909200267
Download: ML20247J743 (3)


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SEP 191989 John E. Baublitz, Acting Director Remedial Action Projects Office of Terminal Waste Disposal and Remedial Action U.S. Department of Energy Washington, DC 20545

Dear Mr. Baublitz:

This letter documents our discussions of September 7,1989, held in your office.

In correspondence dated July 3,1989, Paul Lohaus advised Mark Matthews that NRC was withdrawing its commitment to conditionally concur in remedial action at the Green River site. This was due to the fact that certain commitments on limiting the moisture content on tailings placed at the site were not satisfied by D0E.

In a follow-up phone call, Bob Bernero advised you of our concerns regarding these issues. DOE's respon:e to Mr. Lohaus' letter was received on August 15. Our review of that response concludes that there continues to be a lack of recognition by DOE of the importance that NRC places

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in commitments we receive from your agency.

Based on these concerns, I asked my staff to assess the problems at Green River and other recent events in terms of their programmatic implications.

Other recent events assessed were the saturation of tailings and subsequent groundwater contamination at the Durango disposal site and exceedance of the maximum design elevation for tailings placement at Spook. Further, we are continuing interactions on the DOE QA program. We are concerned that the program will not prevent occurrence of the types of problems uncovered by past NRC review and site inspections at Canonsburg, Shiprock, Salt Lake City and Lakeview. All of these developments have caused us to question whether now is an appropriate time for NRC to relinquish at least some regulatory oversight in this program. Our interactions with your staff on the review of the DOE QA program are. continuing and we plan NRC accompaniments on future DOE QA audits.

After a systematic review, we have reconsider'ed the proposed fourth streamlining agreement, conceptually agreed to by our staffs last September. That agreec:ent, if implemented, would change the basis for NRC's concurrence in the completion of DOE remedici actions from a detailed review of the DOE completion report, coupled with NRC site inspections, to NRC acceptance of a DOE signed statement that the site has been completed in accordance with the approved remedial action plan.

I have requested nty staff to suspend work on implementing the fourth streamlining agreement.

I continue to support the first three streamlining agreements, which have helped both of our agencies to realize considerable

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2 savings in implementing the Title I program, and believe we should both continue to work toward establishing program improvements that will facilitate the eventual implementation of the fourth streamlining agreement.

Sincerely, (SIGNED) RICHARD L. BANGART Richard L. Bangart, Director Division of Low-Level Waste Management and Decommissioning, NMSS DISTRIBUTION:

Central.F11e!#WM-39' RLBangart PLohaus MBell MFliegel RHall, URF0 JGreeves JJSurmeier NMSS r/f LLOB r/f RBernero PDR Yes /T/

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/ / Reason: Proprietary /-" / or CF Only / /

ACNW Yes /T/

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SUBJECT ABSTRACT: LTR TO DOE SUSPENDING FOURTH UMTRA STREAMLINING AGREEMENT

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DATE :09/08/89

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savings in implementing the Title I program, and believe we should both continue to work toward establishing program improvements that will facilitate the eventual implementation of the fourth streamlining agreement.

Sincerely, Richard L. Bangart, Director Division of Low-Level Waste Management and Decommissioning, NMSS i

DISTRIBUTION:

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PDR No 7 / Reason: Proprietary /_ / or CF Only / /

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