ML20248E291
| ML20248E291 | |
| Person / Time | |
|---|---|
| Site: | Portsmouth Gaseous Diffusion Plant, Paducah Gaseous Diffusion Plant |
| Issue date: | 05/29/1998 |
| From: | Ten Eyck E NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | Bargergarvey ENVIRONMENTAL PROTECTION AGENCY |
| Shared Package | |
| ML20248E293 | List: |
| References | |
| NUDOCS 9806030265 | |
| Download: ML20248E291 (3) | |
Text
_ _ _ - _ _ _ _ _ _ _ _ _ _ - _ _ _ _ - _ - - _ _ - -
May 29, 1998
'4 Ms. M:lznia B:rg:r-G:rvsy g
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Fed:rel Facilities Enforcement Office U.S. Environmental Protection Agency N
401 M Street, SW 2261 A Washington, DC 20460
Dear Ms. Barger-Garvey:
This letter concerns consultation between the Environmental Protection Agency (EPA) and the Nuclear Regulatory Commission (NRC) regarding the gaseous diffusion plants (GDPs) located in Piketon, Ohio, and Paducah, Kentucky. In accordance with the Atomic Energy Act (Act), the United States Enrichment Corporation (USEC) has submitted to NRC its renewal applications for certification of the GDPs. As you know, the Act requires the NRC to consult with EPA with regard to certification. As part of this consultation process, we have enclosed a copy of the renewal application for boti plants. USEC has based the renewals on the previous applications; the existing certificate documentation has been incorporated by reference. No additional changes to the existing documentation have been made. As part of the NRC review process there will be a public comment period on the applications that ends June 19,1998. A copy of the Federal Register notice is also enclosed. In order for us to meet our schedule, we request that EPA's comments be l
provided to us no later than June 19,1998. We have also included the updated Environmental Comp"ance Status and Environmental Monitoring Report for both plants for your information.
In order to facilitate your review, copies of these documents have also been sent directly to the following EPA personnel:
Craig Hooks, EPA Headquarters Michael MacMullen, EPA, R5 David Holroyd, EPA, R4 We would appreciate receiving a single consolidated response from EPA.
Should you have any questions, Priya Patel, of my staff, can be reached at 301-415-5757.
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Sincerely, W E9AN N
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Elizabeth Q. Ten Eyck, Director Division of Fuel Cycla Safety and Safeguards, NMSS
Enclosures:
As stated 4 identicalltrs sent to EPA: C. Hooks, Washington, DC; M. MacMullen, Chicago, IL; D. Holroyd, Atlanta, GA; M. Gavey, Washington, DC g
DISTRIBUTION:
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l Ms. M;l nia B:rg;r-Grrv;y Federal Facilities Enforcement Office U.S. Environmental Protection Agency 401 M Street, SW 2261 A ashington, DC 20460 Dea
- s. Barger-Garvey:
This letter concerns consultation between the Environmental Protection Agency (EPA) and g
l the Nuclea egulatory Commission (NRC) regarding the gaseous diffusion plants (GDPs) located in Pik on, Ohio, and Paducah, Kentucky. In accordance with the Atomic Energy Act, the United tates Enrichment Corporation (USEC) has submitted to the NRC its renewal applicatio s for certification of the GDPs. As you know, the Act requires the NRC to consult with the A with regard to certification. As part of this consultation process, we have enclosed a c y of the renewal application for both plants. USEC has based the renewals on the previou applications; the existing documentation has been incorporated by reference. No addition changes to the existing documentation have been made. As part of the NRC review procqs there will be a public comment period on the applications that ends June 19,1998. A c y of the Federal Register notice is enclosed in order for us to meet our schedule, we req st that EPA's comments be provided to us no later than June 19,1998. We have also inc ed the updated Environmeraal Compliance Status and Environmental Monitoring Report for h plants for your information.
In order to facilitate your review, copies these documents have also been sent directly to the following EPA personnel:
Craig Hooks, EPA Headquarters Michael MacMullen, EPA, R5 David Holroyd, EPA, R4 We would appreciate receiving a single consolidated resp se from EPA.
Should you have any questions, Priya Patel, of my staff, can b eached at 301-415-5757.
Sincerely, Elizabeth O. Ten Eyck, Director Division of Fuel Cycle Safety I
and Safeguards, NMSS
Enclosures:
As stated 4 'dentical ltrs Sent to EPA: C. Hooks, Washington, DC; M. MacMullen, Chicago, IL; D. Holroyd, Atlanta, GA; M. Gavey, Washington, DC
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NUCLEAR REGULATORY
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[ Docket Nos. 70-7001, and 70-7002) appbca'io'ns for renewal do not contam may be hand dehvered to 11543 Rockville Pike, Rockville. MD 20852 any cFanges to the existing between 7:45 a.m. and 4:15 p.m. Federal United States Enrichment Corporation, documentation: previous applications, Paducah and Portsmouth Gaseous statements, and reports are incorporated workdays. Comments should be legible Diffusion Plants, Notice of Receipt of by reference into the renewal and reproducible, and include the Application for Certification Renewal application. The USEC application for name, affiliation (if any), and address of For the Geseous Diffusion Plants and the renewal of the Paducah Gaseous the commentor. All comments received Notion of Public Comment Period Diffusion Plant is t.Ssed on USEC's by the Commission will be made previous Ap lication, as revised available for public inspection at the L Receipt of Application and through Revfsion 24 dated April 15.
Commission's Document Room located AvaHabdity o(Documents 1998, and USEC's previous Compliance in Washington, DC and the Local Public Notim is hereby given that the U. S-Plan, as revised through Revision 7 Document Rooms located in Paducah, Nuclear Regulatory Commission (NRC dated March 20,1998. No additional Kentucky and Portsmouth, Ohio. In or the Commission) has received by chanys to the application or accordance with 10EFR'78.62 and letters dated April 15,1998 Compliance Plan are bein6 mquested.
78.64, a member of the pub'ic must applications from the United States The USEC application for the renewal of
. submit written comments to petition the Enrichment Corporation (USEC) for the the Portsmouth Caseour Diffusion Plant Commission requesting review of the renewal of the certification of the is based on USEC's previaus Director's decision on certification gaseous diffusion plants (CDPs) located application, as revised through Revision renewat near Paducah, Kentucky and Piketon.
19 dated April 15,1998, and USEC's FOR FURNER INFOMA4ATION CONTACT: Ms.
Ohio. The NRC issued the initial previous Compliance Pla", as revised Merri Horn (301) 415-8126 or Mr.
certi" cation for the CDPs on N< " ember through Revision 6 dated Ma -h 12.
Yawar Farez, (301) 415-8113; Office of 26,1996 and assumed regulatory 1998. No additional changs :., the Nuclear Material Safety and Safeguards.
Application or Compliance Plan are U.S. Nuclear Regulatory Commission, be g uested.
Washin8 ton, DC 20555.
e t kville, Maryland, this 28th day certi cati ex p or cl si e and proprietary portions which are withheld For thmb%e wssh in aa.ordance with 10 CFR 2.790, Cari 0._
" Availability of Public Records") are Dinctor,0f#ce o/ Nuclear Ma terial safety available for public inspection and and Safeguards.
copying at the Commission's Public (FR Doc. 96-11913 Flied 5-4-98; 8:45 aml Document Room (PDR)in the Celman
- coas vues ew Building,2120 L Street NW, Washington, DC 20555 and in the Local Public Document Rooms (LPDRs) established for these facilities. A copy of the application for the Paducah plant is available at the Paducch Public Library, 555 Washington Street, Paducah, Kentucky 42003. A c7y of the appli ation for the Portsmouth plant D available at the Portsmouth Public Library,1220 Gallia Street, Portsmouth.
Ohio 45662. Copies of related correspondent and staff evaluations*
(except for portions withheld in accordance with 10 CFR 2.790) will also be made available at these public document rooms.
IL Notice ofr-n=ent Period Any interested party may submit written comments on the renewal applica' don for artifloation for either the Padumb plant or the Portsmouth plant for consideration bv the staff. To be certain of conalderation, comments must be received by June 19.1998.
Cosnments received after the due date will be considered if it is practical to do so, but the Commission is able to assure consideration only for comments reonived on or before this date. Written comments on the application should be mailed to the Chief, Rules Review and
I a
USEC c
A osob.: sn.rar omp.nr JAMES H. MILLER Dim: (301) 564-3309 VICE PRESIDENT, PRODUCTION fax: (301)571-8279 April 15,1998 GDP 98-0074 Dr. Carl J. Paperiello Director, Office of Nuclear Material Safety and Safeguards Attention: Document Control Desk U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 Paducah Gaseous Diffusion Plant (PGDP)
Dock'et No. 70-7001 Application for Renewal of Certificate of Compliance GDP-1
Dear Dr. Paperiello:
In accordance with 10 CFR 76.31,76.36, and Condition No.12 of Certificate of Compliance GDP-1 for the Paducah, Kentucky Gaseous Diffusion Plant, the United States Enrichment Corporation (USEC or Corporation) hereby submits twenty (20) copies of its application for renewal of Certificate GDP-1. This application for renewalis based on USEC's previous Application (USEC-01), as revised through Revision 24 dated April 15,1998, and USEC's previous Compliance Plan (DOE /ORO-2026), as revised through Revision 7 dated March 20,1998. No additional changes to the Application or Compliance Plan are being requested.
Certificate GDP-1 currently has an expiration date of December 31,1998. Based on the information contained in the enclosed Application and incorporated by reference, USEC requests that the Nuclear Regulatory Commission (NRC) renew Certificate of Compliance GDP-1 for a 5-year period coinciding with an expiration date of December 31,2003.
- Should you have any questions regarding this matter, please contact Steve Routh at (301) 564-3251.
There are no new commitments contained in this submittal.
1 Sincerely,
)
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James II. Miller Vice President, Production M /C b f[.- -
6903 Rockledge Drive. Bethesda. MD 20817-1818 Telephone 301-564-3200 Fax 301-564-3201 http://www.usec.com OMces in Livermore. CA Paducah. D' Portsmouth. OH Tashington. DC l
a 1
Dr. Carl J. Paperiello April 15,1998 GDP 98-0074, Page 2
Enclosures:
- 1. Aflidavit 1
- 2. United States Enrichment Corporation, Paducah Gaseous Diffusion Plant, Docket No. 70-7001, Application for Renewal of Certificate of Compliance GDP-1, April 15,1998 cc: Mr. Robert C. Pierson, NRC-HQ NRC Region III Office NRC Resident Inspector-PGDP NRC Resident Inspector - PORTS l
Mr. Joe W. Parks, DOE l
l 4
~
OATH AND AFFIRMATION l
l l
- 1. James H. Miller, swear an i affinn that I am Vice President, Production, of the United States Enrichment Corporation (USEC), that I am uthorized by USEC to sign and file with the Nuclear o
Regulatory Commission this April 15,1998 Application for Renewal of Certificate of Compliance GDP-1, for the Paducah Gaseous Diffusian Plant, contained in USEC Letter GDP 98-0074, that I am familiar with the contents thereof, and that the statements made and matters set forth therein are true and correct to the best of my knowledge, information, and belief.
/ l.)
- r...
James H. Miller c
On this 15th day of April,1998, the officer signing above personally appeared before me, is known by me to be the person whose name is subscribed to within the instrument, and acknowledged that he c:xecuted the same for the purposes therein contained.
In witness hereofI hereunto set my hand and official seal.
[kUlLL
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aurie M. Knisley, Notary Public State of Maryland, Montgomery County My commission expires March 1,2002 b
c GDP 98-0074 Page 1 of 8 United States Enrichment Corporation Paducah Gaseous Diffusion Plant Docket No. 70-7001 Application for Renewal of Certificate of Compliance GDP-1 April 15,1998 In accordance with 10 CFR 76.31,76.36, and Condition No.12 of Certificate of Compliance GDP-1 for the Paducah Gaseous Diffusion Plant (PGDP), the United States Enrichment Corporation (USEC l
or Corporation) hereby submits its application for renewal of Certificate GDP-1. This application for renewal is based on USEC's previous Application (USEC-01), as revised through Revision 24 dated April 15,1998, and USEC's previous Compliance Plan (DOE /ORO-2026), as revised through Revision 7 dated March 20,1998. No additional changes to the Application or Compliance Plan are being requested.
1.0 Reauested Expiration Da*g Certificate GDP-1 currently has an expiration date of December 31,1998. Based on We information contained in this Application and incorporated by reference, USEC requests that the Nuclear Regulatory Com. mission (NRC) renew Certificate of Compliance GDP-1 for a 5-year period coinciding with an expiration date of December 3 !,2003.
2.0 Information Reauired hv 10 CFR 76.31 and 76.36 l
76.31 The Corporation shall periodically apply to the Commission for a certificate of compliance, in accordance svith Sec. 76.36, on or before April 15 ofthe year specified in an existing certificate of compliance as determined by the Commission, but not less frequently than every 5 years.
76.36(a) After issuance by the Commission of the initial certificate of compliance and/or an approved compliance plan, the Corporation shallfile periodic applicationsfor renesval, as required by Sec. 76.31.
i In accordance with Condition 12 of Certificate GDP-1, USEC was granted an exemption from the annual renewal requirement previously contained in 10 CFR 76.31 and 76.36 as a result oflegislative changes enacted in the USEC Privatization Act. 10 CFR 76.31 and 76.36 were subsequently amended to delete the annual renewal requirement and now require the filing of "periedic" applications for renewal instead. Condition 12 of Certificate GDP-1 requires USEC to file its renewal application by April 15,1998.
m es e s i a M m 9 O r
~igne<veia i
GDP 98-0074 Page 2 of 8 76.36(b) Information contained in previous applications, statements, or reportsfiled with :he Commission may be referenced aspart ofthe application, provided that the reference is clear andspecific.
Section 5.0 specifically identifies previous applications, statements, and reports that are incorporated by reference into this renewal application.
76.36(c) An applicationfor renewalis subject to the requirements in Sec. 76.33 and must contain thefollowing information:
(1) The information specifiedin Sec. 76.35; or, (2) A statement by the Corporation that the NRC may :ely upon the information providedin theprevious application (s) upon which the existing certificate is based, exceptfor:
(i)
A,ny proposed changes in the existing certificate ofcompliance conditions or technicalsafety requirements
.(ii) Any proposed changes to the documents submitted with the previous l
1 application in accordance with Sec. 76.35 (iii) Any changes which the Corporation has made without prior NRC approval pursuant to Sec. 76.68; and, (iv) Any changes to certificate conditions or technical safety requirementsfor which the Corporation has sought and received Commission apprnval I
pursuant to Sec. 76.45.
10 CFR 76.35 specifies the contents of an initial application for a certificate of compliance. USEC's initial application and Compliance Plan for PGDP, as approved by the NRC on November 26,1996 and as subsequently revised in accordance with 10 CFR 76, satisfy those requirements. Pursuant to 10 CFR 76.36(b) and (c)(2), the NRC may rely upon the information provided in USEC's previous application for PGDP, and the NRC-approved Compliance Plan for PGDP, upon which Certificate GDP-1 is based except for any changes which USEC has made without prior NRC approval pursuant to 10 CFR 76.68. Records of the changes made in accordance with 10 CFR 76.68 are retained and are available at the site for NRC review, in connection with this application for renewal, USEC is not proposing to make any additional changes to the existing certificate conditions, technical safety requirements, or other documents l
submitted with its previous application (as revised through Revision 24) and Compliance Plan (as l
l n
GDP 98-0074
' Page 3 of 8 revised through Revision 7) and is therefore not submitting any additional information with respect to these topics pursuant to 10 CFR 76.36(c)(2)(i) and (ii).
In accordance with 10 CFR 76.36(c)(iv), all changes to certificate conditions or technical safety requirements for which USEC has sought and received NRC approval have been incorporated into USEC's previous application for PGDP (USEC-01) as revised through Revision 24 dated April 15, 1998.
76.36(d) The changes which are submitted as part ofan applicationfor renewal in accordance with paragraph (c)(2) of this section, must be in theform ofspecipc changes to the documentation speciped in Sec. 76.35. The changes must be marked and datedfor easy identipcation.
Section 5.0 specifically identifies the revisions of the Application (USEC-01) and the Compliance Plan (DOE /ORO-2026) that are incorporated by reference into this renewal application. The referenced revisions are in the form of specific changes to the documentation specified in 10 CFR 76.35 which have been marked and dated for easy identification.
3.0 Information Reauired by 10 CFR 76.35(n) 76.35(n) A description ofthefimdingprogram to be established to ensure thatfimds will be set aside and availablefor those aspects of the ultimate disposal of waste and depleted uranium, decontamination and decommissioning, relating to the gaseous diffission plants leased to the Corporation by the Department of Enery, which are the financial responsibility of the Corporation. The Corporation shall establish financial surery arrangements to ensure that suficientfimds will be availablefor the ultimate disposal of ne and depleted uranium, and decontamination and decommissioning activities which 1
c e thefinancial responsibility of the Corporation. Thefunding mechanism, such as prepayment, surety, insurance, or external sinkingfimd, must ensure availability offunds for any activities which are required to be completed both before or after the return ofthe gaseous diffusionfacilities to the Department ofEnergy in accordance with the lease between the Department and the Corporation. Thefundingprogram must contain a basis for cost estimates used to establishfunding levels and must contain means ofadjusting c6st estimates andassociatedfunding levels over the duration ofthe lease. Thefunding program need not address funding for those aspects of decontamination and
~
. decommissioning ofthe gaseous difusion plants assigned to the Department of Energy under the Atomic Energy Act of1954, as amended The Corporation should address the adequacy ofthefinancing mechanism selected in its periodic appiscationfor certipcation.
Revision 24 of USEC-01 (See Reference 5.1) includes changes to the Decommissioning Funding
. Program Description (DFP). The DFP has been updated to estimate the costs associated with waste
GDP 98-0074.
Page 4 of 8 disposal and the disposition of depleted uranium through the end of USEC's Fiscal Year 1998 (June 30,1998). ' Assurance of adequate funding is provided through an Adjustment to Decommissioning Funding which updates the amount of funding as provided for in the statement ofintent subscribed to and endorsed by th USEC Board of Directors.
In support of privatization, documents required to assure funding for USEC's' portion of PGDP decontamination and decommissioning costs will be submitted to the NRC as required by Issue 39 l
of DOE /ORO-2026," Plan for Achieving Compliance with NRC Regulations at the Paducah Gaseous Diffusion Plant (the Compliance Plan)."
1
. 4.0 Information Renuired by 10 CFR 76.68(b) 76.68(b) To ensure the approved application remains current with respect to the actual site description and that the plant's programs, plans, policies, and operations are in place, the Corporation shall submit revised pages to the approved application and safety analysis report, marked and dated to indicate each change. The Corporation shall evaluate any as-found conditions that do not agree with the plant's programs, plans.
policies, and operations in accordance withparagraph (a) ofthis section. These revisions must be submitted before April 15 ofeach calendaryear, or at a shorter interval as may 1
be specified in the certificate. If a renewal application for a certificate is filed in accordance with Sec. 76.36 of this part, the revisions shall be incorporated into the application.
In accordance with 10 CFR 76.68(b), the 1998 Annual Update (USEC-01 Revision 24, April 15, 1998) to the certification documents for PGDP was submitted to the NRC by USEC letters GDP 98-0071, GDP 98-0072, and GDP 98-0073 dated April 14, 1998. The 1998 Annual Update is incorporated by reference into this renewal application.
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l GDP 98-0074 Page 5 of 8 5.0 Information Incorporated by Reference The following information is incorporated by reference into this application for renewal of CertiScate GDP-1.
5.1 USEC-01, " Application for United States Nuclear Regulatory Commission Certification,"
Paducah Gaseous Diffusion Plant, Docket No. 70-7001, Revisions 1 through 24 as shown in the following table.
USEC-01 Date of Transmitted by Revision Revision USEC Letter (s)
Purpose of Revision I
9/15/95 GDP 95-0014, Transmit Volumes 1 through 4 of the GDP 95-0015, Application for initial certification.
GDP 95-0016 dated 9/15/95 2
1/19/96 GDP 96-0027, Transmit changes to the Application for l
GDP 96-0028 initial certification.
dated 2/13/96 GDP 96-0034 dated 2/21/96 3
5/31/96 GDP 96-0111, Transmit changes to the Application for GDP 96-0112, initial certification.
GDP 96-Oll5 dated 5/31/96 4
7/26/96 GDP 96-0150, Transmit changes to the Application for GDP 96-0151 initial certification.
dated 7/26/96 5
8/1/96 GDP 96-0161 Transmit changes to the TSRs for initial dated 8/1/96 certification.
6 8/12/96 GDP 96-0169 Transmit changes to the TSRs for initial dated 8/12/96 certification.
7-3/7/97 GDP 97-0031 Transmit changes to TSR basis statements dated 3/7/97 that were reviewed in accordance with 10 CFR 76 and determined not to require prior NRC approval.
l
___.L_________1____._____
GDP 98-0074 Page 6 of 8 l
USEC-01 Date of Transmitted by l
Revision Revision USEC Letter (s)
Purpose of Revision 8
4/15/97 GDP 97 0055, Transmit the 1997 Annual Update of changes GDP 97-0056, to the Application that were reviewed in GDP 97-0057 accordance with 10 CFR 76 and determined dated 4/15/97
, not to require prior NRC approval.
9 5/4/97 GDP 97-0071 Transmit changes to the SAR and TSRs that dated 4/30/97 were approved by the NRC via Amendment I to Certificate GDP-1.
10 5/21/97 GDP 97-0083 Transmit changes to the SAR and TSRs that dated 5/27/97 were approved by the NRC via Amendment 2 to Certificate GDP-1.
I i
11 6/15/97 GDP 97-0000 Transmi changes to: (1) the TSRs that were
{
dated 6/11/9'7 approved by the NRC via Amendment 3 to 1
Certificate GDP-1, (2) TSR basis statements that were reviewed in accordance with 10 CFR 76 and determined not to require prior NRC approval.
12 7/24/97 GDP 97-0119 Transmit changes to: (1) the TSRs that were dated 7/15/97 approved by the NRC via Amendment 5 to Certificate GDP-1, (2) TSR basis statements that were reviewed in accordance with 10 CFR 76 and determined not to require prior NRC approval.
13 8/4/97 GDP 97-0124 Transmit changes to the SAR and TSRs that dated 7/28/97 were approved by the NRC via Amendment 4 to Cotificate GDP 1.
14 8/23/97 GDP 97 0152, Transmit changes to: (1) the SAR and TSRs GDP 97-0154 that were approved by the NRC via l
dated 8/25/97 Amendment 6 to GDP-1, (2) programs and plans that were reviewed in accordance with 10 CFR 76 and determined not to require prior NRC approval.
15 9/5/97 GDP 97-0160 Transmit changes to the Fundamental Nuclear dated 9/8/97 Materials Control Plan that were approved by the NRC via Amendment 7 to Certificate GDP-1.
1 l
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GDP 98-0074 Page 7 of 8 USEC-01 Date of Transmitted by Revision Revision USEC Letter (s)
Purpose of Revision 16 10/2/97 GDP 97-0177 Transmit changes to the SAR and TSRs that dated 10/6/97 were approved by the NRC via Amendment 8 to Certificate GDP-1.
17 10/31/97 GDP 97-0194 Transmit changes to the TSRs that were dated 11/14/97 approved by the NRC via Amendment 12 to Certificate GDP-1.
18 11/1/97 GDP 97-0195 Transmit changes to the SAR and TSRs that dated 11/14/97 were approved by the NRC via Amendment 9 to Certificate GDP-1.
19 11/15/97 GDP 97-0196 Transmit changes to the SAR and TSRs that dated 11/17/97 were approved by the NRC via Amendment 10 to Certificate GDP-1.
20 11/20/97 GDP 97-0199 Transmit changes to the SAR that were dated 11/20/97 acknowledged by the NRC in a letter dated October 21,1997, 21 12/15/97 GDP 97-0221, Transmit changes to the SAR and programs GDP 97-0222, and plans that were reviewed in accordance GDP 97-0223 with 10 CFR 76 and determined not to require dated 12/24/97 prior NRC approval.
22 2/20/98 GDP 98-0022 Transmit changes to the TSRs that were dated 2/25/98 approved by the NRC via Amendment 13 to Certificate GDP-1.
23 2/25/98 GDP 98-0023 Transmit changes to the SAR and TSRs that dated 2/25/98 were approved by the NRC via Amendment 14 to Certificate GDP-1.
24 4/15/98 GDP 98,
~1, Transmit the 1998 Annual Update of changes GDP9F < 2, to the Application that were reviewed in GDP,1973 accordance with 10 CFR 76 and were dated 4/14/98 determined not to require prior NRC approval.
l' 5.2 DOE /ORO-2026," Plan for Achieving Compliance with NRC Regulations at the Paducah 1
. Gaseous Diffusion Plant (the Compliance Plan)," Docket No. 70-7001, Revisions 3 through 7 as shown in the following table.
J L..
l
GDP 98-0074 Page 8 of 8 Compliance Plan Date of Transmitted by Revision Revision
- USEC Letter (s)
Purpose of Revision 3
7/9/96 GDP 96-0136, Transmit changes to the Compliance Plan for GDP 96-0137 initial certification.
dated 7/12/96 7/15/96 GDP 96-0142 dated 7/15/96 7/17/96 GDP 96-0143 dated 7/18/96 3A 8/1/96 GDP 96-0163, Transmit changes to the Compliance Plan for GDP 96-0164 initial certification.
dated 8/1/96 4
9/5/97 GDP 97-0160 Transmit changes that were approved by the dated 9/8/97 NRC via Amendment 7 to Certificate GDP-1.
5 10/16/97 GDP 97-0186 Transmit changes that were approved by the dated 10/28/97 NRC via Amendment 11 to Certificate GDP-1.
6 11/20/97 GDP 97-0199 Transmit changes that were acknowledged by dated 11/20/97 the NRC in a letter dated October 21,1997.
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7 3/20/98 GDP 98-0056 Transmit changes that were approved by the i
dated 3/27/98 NRC via Amendment 15 to Certificate GDP-l.
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CSEC A Ciobal Energy Company JAMES H. MILLER DtR: (301) 564-3309 VICE PRESIDENT, PRODUCTION fax: (301)571-8279 April 15,1998 GDP 98-0070 Dr. Carl J. Paperiello l
Director, Office of Nuclear Material Safety and Safeguards Attention: Document Control Desk
. U.S. Nuclear Regulatory Commission
- Washington, D.C. 20555-0001 Portsmouth Gaseous Diffusion Plant (PORTS)
Docket No. 70-7002 Application for Renewal of Certificate of Compliance GDP-2
Dear Dr. Paperiello:
In accordance with 10 CFR 76.31, 76.36, and Coraition No.12 of Certificate of Compliance GDP-2 for the Portsmouth, Ohio Gaseous Diffusion Plant, the United States Enrichment Corporation (USEC or Corporation) hereby submits twenty (20) copies ofits application for renewal of Certificate GDP-
- 2. This application for renewal is based on USEC's previous Application (USEC-02), as revised through Revision 19 dated April 15,1998, and USEC's previous Compliance Plan (DOE /ORO-2027), as revised through Revision 6 dated March 12, 1998. No additional changes to the Application or Compliance Plan are being requested.
Certificate GDP-2 currently has an expiration date of December 31,1998. Based on the information contained in the enclosed Application and incorporated by reference, USEC requests that the Nuclear Regulatory Commission (NRC) renew Certificate of Compliance GDP-2 for a 5-year period coinciding with an expiration date of December 31,2003.
Should you have any questions regarding this matter, please contact Steve Routh at (301) 564-3251.
There are no new commitments contained in this submittal.
Sincerely,
]l I'
am'es H. Miller
, Nice President, Production
. _ 6903 Rockledge Drive. BetheMa. MD 20817-1818 Telephone 301-564-3200 Fax 301-564-3201 http://www.usec.com 97 OtTices in uvnmore.CA Paducah.16 Portsmouth. OH Washington. DC 4
1 I
Dr. Carl 1 Paperiello April 15,1998 GDP 98-0070, Page 2
Enclosures:
1.
Affidavit 2.
United States Enrichment Corporation, Portsmouth Gaseous Diffusion Plant, Docket No. 70-7002, Application for Renewal of Certificate of Compliance GDP-2, April 15,1998 cc:
Mr. Robert C. Pierson, NRC-HQ NRC Region III Office NRC Resident Inspector - PGDP
. NRC Resident Inspector - PORTS '
Mr. Joe W. Parks, DOE Lu____-____________
OATH AND AFFIRMATION I, James H. Miller, swear and atrirm that I am Vice President, Production, of the United States Enrichment Corporation (USEC), that I am authorized by USEC to sign and file with the Nuclear Regulatory Commission this April 15,1998 Application for Renewal of Certificate of Compliance GDP-2, for the Portsmouth Gaseous Diffusion Plant, contained in USEC Letter GDP 98-0070, that I am familiar with the contents thereof, and that the statements made and matters set forth therein are true and correct to the best of my knowledge,information, and belief.
?.,. (
i James H. Miller s
On this 15th day of April,1998, the officer signing above personally appeared before me, is known by me to be the person whose name is subscribed to within the instrument, and acknowledged that he executed the same for the purposes therein contained.
In witness hereofI hereunto set my hand and official seal.
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l dL:pirie M. Knisley, ~tary Public State of Maryland, Montgomery County My commission expires March 1,2002 l
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GDP 98-0070 Page 1 of 8 United States Enrichment Corporation Portsmouth Gaseous Diffusion Plant Docket No. 70-7002 Application for Renewal of Certificate of Compliance GDP-2 April 15,1998 In accordance with 10 CFR 76.31,76.36, and Condition No.12 of Certificate of Compliance GDP-2 for the Portsmouth Gaseous Diffusion Plant (PORTS), the United States Enrichment Corporation (USEC or Corporation) hereby submits its application for renewal of Certificate GDP-2. This application for renewal is based on USEC's previous Application (USEC-02), as revised through Revision 19 dated April 15,1998, and USEC's previous Compliance Plan (DOE /ORO-2027), as revised through Revision 6 dated March 12,1998. No additional changes to the Application or Compliance Plan are being requested.
~ 1.0 Requested Expiration Date Certificate GDP-2 currently has an expiration date of December 31,1998. Based on the information contained in this Application and incorporated by reference, USEC requests that the Nuclear Regulatory Commission (NRC) renew Certificate of Compliance GDP-2 for a 5-year period coinciding with an expiration date of December 31,2003.
2.0 Information Required by 10 CFR 76.31 and 76.36 76.31 The Corporation shall periodically apply to the Commission for a certificate of compliance, in accordance with Sec. 76.36, on or before April 15 ofthe year specified in an existing certificate ofcompliance as determined by the Commission, but not less frequently than every 5 years.
76.36(a) After issuance by the Commission of the initial certificate of compliance and/or an approved compliance plan, ine Corporation shallfile periodic applicationsfor renewal, as required by Sec. 76.31.
In accordance with Condition 12 of Certificate GDP-2, USEC was granted an exemption from the I
annual renewal requirement previously contained in 10 CFR 76.31 and 76.36 as a result oflegislative changes enacted in the USEC Privatization Act. 10 CFR 76.31 and 76.36 were subsequently amended to delete the annual renewal requirement and now require the filing of " periodic" applications for renewal instead. Condition 12 of Certificate GDP-2 requires USEC to file its renewal application by April 15,1998.
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O GDP 98-0070 Page 2 of 8 76.36(b) Information contained in previous applications, statements, or reportsfiled with the Commission may be referenced as part ofthe application. provided that the reference is clear andspecific.
Section 5.0 specifically identifies previous applications, statements, and reports that are incorporated by reference into this renewal application.
76.36(c) An applicationfor renewalis subject to the requirements in Sec. 76.33 and must contain Ihefollowing information:
(1)
The information specified in Sec. 76.35; or, (2)
A statement by the Corporation that the NRC may rely upon the information provided in the previous application (s) upon which the existing certificate is based, exceptfor:
(i)
Anyproposed changes in the existing certificate ofcompliance conditions or technicalsafety requirements (ii)
Any proposed changes to the documents submitted with the previous application in accordance with Sec. 76.35 (iii) Any changes which the Corporation has made without prior NRC approvalpursuant to Sec. 76.68; and, (iv)
Any changes to certificate conditions or technicalsafety requirementsfor which the Corporation has sought and received Commission approval pursuant to Sec. 76.45.
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10 CFR 76.35 specifies the contents of an initial application for a cenificate of compliance. USEC's initial application and Compliance Plan for PORTS, as approved by the NRC on November 26,1996 and as subsequently revised in accordance with 10 CFR 76, satisfy those requirements. Pursuant to 10 CFR 76.36(b) and (c)(2), the NRC may rely upon the information provided in USEC's previous l
application for PORTS, and the NRC-approved Compliance Plan for PORTS, upon which Certificate GDP-2 is based except for any changes which USEC has made without prior NRC approval pursuant to 10 CFR 76.68. Records of the changes made in accordance with 10 CFR 76.68 are retained and are available at the site for NRC review.
In connection with this application for renewal, USEC is not proposing to make any additional changes to'the existing certificate conditions, tecimical safety requirements, or other documents submitted with its previous application (as revised through Revision 19) and Compliance Plan (as l
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GDP 98-0070 Page 3 of 8 revised through Revision 6) and is therefore not submitting any additional information with respect to these topics pursuant to 10 CFR 76.36(c)(2)(i) and (ii).
In accordance with 10 CFR 76.36(c)(iv), all changes to certificate conditions or technical safety requirements for which USEC has sought and received NRC approval have been incorporated into USEC's previous application for PORTS (USEC-02) as revised throug,h Revision 19 dated April 15, 1998.
76.36(d) The changes which are submitted aspart ofan applicationfor renewalin accordance with paragraph (c)(2) of this section, must be ln theform ofspecific changes to the documentation specified in Sec. 76.35. The changes must be marked and datedfor easy identification.
Section 5.0 specifically identifies the revisions of the Application (USEC-02) and the Compliance Plan (DOE /ORO-2027) that are incorporated by reference into this renewal application. The referenced revisions are in the form of specific changes to the documentation specified in 10 CFR 76.35 which have been marked and dated for easy identification.
3.0 Information Required by 10 CFR 76.3Mn) 76.35(n) A description of thefunding program to be established to ensure thatfunds will be set aside and availablefor those aspects of the ultimate disposal of waste and depleted uranium, decontamination and decommissioning, relating to the gaseous diffission plants leased to the Corporation by the Department of Energy, which are the financial responsibility of the Corporation. The Corporation shall establish financial surety arrangements to ensure that sufficientfimds will be availablefor the ultimate disposal of waste anddepleted uranium anddecontamination anddecommissioning activities which are the financial responsibility of the Corporation. Thefimding mechanism, such as prepayment, surety, insurance, or external sinkingfimd must ensure availability offunds for any activities which are required to be completed both before or after the return ofthe l
gaseous diffusionfacilities to the Department of Energy in accordance with the lease between the Department andthe Corporation. Thefimdingprogram must contain a basis
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for cost estimates used to establishfunding levels and must contain means ofadjusting l
cost estimates and associatedfimding levels over the duration ofthe lease. Thefimding program need not address funding for those aspects of decontamination and decommissioning of the gaseous diffusion plants assigned to the Department ofEnergy under the Atomic Energy Act of1954, as amended. The Corporation should address the adequacy ofthefinancing mechanism selected in its periodic applicationfor certyication.
i Revision 19 of USEC-02 (See Reference 5.1) includes changes to the Decommissioning Funding Program Description (DFP). The DFP has been updated to estimate the costs associated with waste l
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Enc losure 2 GDP 98-0070 Page 4 of 8 disposal and the disposition of depleted uranium through the end of USEC's Fiscal Year 1998 (June 30,1998). Assurance of adequate funding is provided through an Adjustment to Decommissioning Funding which updates the amount of funding as provided for in the statement ofintent subscribed to and endorsed by the USEC Board of Directors.
In support of privatization, documents required to assure funding for USEC's portion of PORTS decontamination and decommissioning costs will be submitted to the NRC as required by issue 38 of DOE /ORO-2027," Plan for Achieving Compliance with NRC Regulations at the Portsmouth Gaseous Diffusion Plant (the Compliance Plan)."
- 4.0 Information Reauired by 10 CFR 76.68(b) 76.68(b) To ensure the approved application remains current with respect to the actual site description and that the plant's programs, plans, policies, and operations are in place, the Corporation shall submit revised pages to the approved application and safety analysis report, marked and dated to indicate each change. The Corporation shall evaluate any as-found conditions that do not agree with the plant's programs, plans, policies, andoperations in accordance withparagraph (a) ofthis section. These revisions must be submitted before April 15 ofeach calendar year, or at a shorter interval as may be specified in the certificate. If a renewal application for a certificate is filed in accordance with Sec. 76.36 of this part, the revisions shall be incorporated into the application.
In accordance with 10 CFR 76.68(b), the 1998 Annual Update (USEC-02 Revision 19, April 15, 1998) to the certification documents for PORTS was submitted to the NRC by USEC letters GDP 98 0068 and GDP 98-0069 dated April 14,1998. The 1998 Annual Update is incorporated by reference into this renewal application.
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e GDP 98-0070 Page 5 of 8 5.0 Information Incorporated by Reference The following information is incorporated by reference into this application for renewal of Certificate GDP-2.
5.1 USEC-02," Application for United States Nuclear Regulatory Commission Certification,"
Portsmouth Gaseous Diffusion Plant, Docket No. 70-7002, Revisions 1 through 19 as shown in the following table.
USEC-02 Date of Transmitted by Revision Revision USEC Letter (s)
Purpose of Revision 1
9/15/95 GDP 95-0010, Transmit Volumes 1 through 4 of the GDP 95-0011, Application for initial certification.
GDP 95-0012 dated 9/15/95 2
1/19/96 GDP 96-0029, Transmit changes to the Application for GDP 96-0030, initial certification.
GDP 96-0035 dated 2/13/96 3
5/31/96 GDP 96-0113, Transmit changes to the Application for GDP 96-0114, initial certification.
GDP 96-Oll6 l
dated 5/31/96 4
7/26/96 GDP 96-0152, Transmit changes to the Application for GDP 96-0153, initial certification.
GDP 96-0154 dated 7/26/96 5
8/1/96 GDP 96-0162 Transmit changes to the TSRs for initial dated 8/1/96 certification.
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8/12/96 GDP 96-0170 Transmit changes to the TSRs for initial dated 8/12/96 certification.
7 3/7/97 GDP 97-0032 Transmit changes to: (1) the TSRs that were dated 3/7/97 approved by the NRC via Amendment I to Certificate GDP-2, (2) TSR basis statements that were reviewed in accordance with 10 CFR 76 and determined not to require prior NRC approval.
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e GDP 98-0070 Page 6 of 8 l
USEC-02 Date of Transmitted by Revision Revision USEC Let7r(s)
Purpose of Revision 8
4/15/97 GDP 97-06. 2, Transmit the 1997 Annual Update of changes GDP 97-0059, to the Application that were reviewed in GDP 97-0060 accordance with 10 CFR 76 and determined dated 4/15/97 not to require prior NRC approval.
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5/14/97 GDP 97-0072 Transmit changes to the TSRs that were dated 5/12/97 approved by the NRC via Amendment 2 to Certificate GDP-2.
10 5/23/97 GDP 97-0010 Transmit changes to TSR basis statements dated 6/13/97 that were reviewed in accordance with 10 CFR 76 and determined not to require prior NRC approval.
I1 7/17/97 GDP 97-0123 Transmit changes to the TSRs that were dated 7/16/97 approved by the NRC via Amendment 3 to j
Certificate GDP-2.
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12 9/5/97 GDP 97-0157.
Transmit changes to programs and plans that I
GDP 97-0161, were reviewed in accordance with 10 CFR 76 GDP 97-0162 and determined not to require prior NRC dated 9/10/97 approval.
13 9/29/97 GDP 97-0174 Transmit changes to: (1) the SAR and TSRs dated 10/2/97 that were approved by the NRC via Amendment 4 to Certificate GDP-2,(2) TSR basis statements that were reviewed in accordance with 10 CFR 76 and determined not to require prior NRC approval.
14 11/5/97 GDP 97-0197 Transmit changes to the SAR and TSRs that dated 11/17/97 were approved by the NRC via Amendment 5 to Cenificate GDP-2.
I 15 12/19/97 GDP 97-0218, Transmit changes to the SAR and programs GDP 97-0219, and plans that were reviewed in accordance GDP 97-0220 with 10 CFR 76 and determined not to require dated 12/24/97 prior NRC approval.
16 1/4/98 GDP 97-0225 Transmit changes to the SAR that were dated 12/30/97 approved by the NRC via Amendment 8 to Certificate GDP-2.
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Enclosurc 2 GDP 98-0070 Page ~7 of 8 USEC-02 Date of Transmitted by lievision Revision _
USEC Letter (s)
Purpose of Revision 17 1/12/98 GDP 98-0005 Transmit changes to the SAR and TSRs that dated 1/20/98 were approved by the NRC via Amendment 7 to Certificate GDP-2.
I8 2/6/98 GDP 98-0020 Transmit changes to: (1)the TSRs that were dated 2/10/98 approved by the NRC via Amendment 6 to Certificate GDP-2, (2) the SAR and TSRs that were reviewed in accordance with 10 CFR 76 and detenninea not to require prior NRC approval.
19 4/15/98 GDP 9S0068, Transmit the 1998 Armual Update of changes GDP 98-0069, to the Application that were reviewed in dated 4/14/98 accordance with 10 CFR 76 and determined not to require prior NRC approval.
5.2 DOE /ORO-2027,"I'lan for Achieving Compliance with NRC Regulations at the Portsmouth Gaseous Diffusion Plant (the C+mpliance Plan)," Docket No. 70-7002, Revisions 3 through 6 as shown in the following table.
Compliance Plan
- Date of Transmitted by Revision Revision USEC Letter (s)
Purpose of Revision 3
7/9/96 GDP 96-0136, Transmit changes to the Compliance Plan for GDP 96 0137 initial certification.
dated 7/12/96 7/15/96 GDP 96-0142 dated 7/15/96 7/17/96 GDP 96-0143 dated 7/18/96 '
3A 8/1/96 GDP 96-0163, Transmit changes to the Compliance Plan for GDP 96-0164 initial certification dated 8/1/96
c GDP 98-0070 Page 8 of 8 Compliance Plan '
Date of Transmitted by;
. Revision Revision USEC Letter (s)
Purpose of Revision 4
4/15/97 GDP 97-0058, Transmit changes to: (1) Issues 4 and 21 that GDP 97-0059 were reviewed in accordance with 10 CFR 76 dated 4/15/97 and determined not to require prior NRC-approval: (2) Issues 8, 9, 23, 24, 30, 32, and A.4 that were acknowledged by the NRC in a letter dated December 18,1996.
5' 1/4/98 GDP 97-0225 Transmit changes that were approved by the dated 12/30/97 NRC via Amendment 8 to Certificate GDP-2.
6 3/12/98 GDP 98 0048 Transmit changes that were approved by the dated 3/16/98 NRC via Amendment 9 to Certificate GDP-2.
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