ML20249C037
| ML20249C037 | |
| Person / Time | |
|---|---|
| Site: | 07003085 |
| Issue date: | 06/10/1998 |
| From: | Rosenthal P External (Affiliation Not Assigned) |
| To: | Jim Hickey NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| References | |
| R98-038, R98-38, NUDOCS 9806250214 | |
| Download: ML20249C037 (4) | |
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BWX Technologies, Inc.
Babcock & Wdcox, a McDermott company B&W Services, Inc.
P.o. Box 11165 Lynchburg VA 245061165 June 10,1998 l
R98-038 SNM-2001. -
Docket Ns70-3085) u--==
Mr. John W. N. Mickey Chief, Low Level Waste and Decommissioning Projects Branch Mail Stop T8F-37 Division of Waste Management U.S. Nuclear Regulatory Commission Washington, D.C.
20555
Dear Mr. Ilickey:
RE: Parks Shallow Land Disposal Area (SLDA)
Reference:
(a) NRC letter (J.W.N. Ilickey) to BWSI (P.R. Rosenthal), dated May 11,1998 I am writing in response to your letter of May11,1998, Reference (a), regarding the decommissioning of the Shallow Land Disposal Area in Parks Township, Pennsylvania. In your letter, you state that 10CFRQ20.1401(b)(3), the grandfathering provision of the new license termination rule, only applies to sites that will be decommissioned for unrestricted release.
Because this construction of 20.1401(b)(3) is not supported by the license termination rule, the supplementary information for the rule making or the SDMP Action Plan, and is inconsistent with the NRC's prior conduct witn respect to d,e SLDA, BWXT continues to believe that the SLDA is exempt from the requirements of the license termination rule.
As an initial matter, in accordance with { 20.1401(b)(3), the license termination rule does not apply to sites which:
"Su' omit a sufficient LTP [ License Termination Plan] or decommissioning plan before August 20,1998 and such LTP or decommissioning plan is approved by the Commission before August 20,1999 and in accordance with criteria identified in the SDMP Action Plan, except that if an EIS is required in the submittal, there will be a provision for day-to-day extension."
Put simply, the Action Plan does not support the statement in your letter that "a proposal for O
restricted use... is not consistent with the Action Plan." Careful review of the Action Plan indicates that it is completely silent on the issue of release for restricted use. While the Action Plan states that the NRC will " consider" certain listed " existing guidance, criteria, and practices
... to determine whether sites have been sufficiently decontaminated so that they may be released MO for unrestricted use," and that those criteria will be " considered in establishing site-specific h
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9906250214 980610 PDR ADOCK 07003085 c
J. W. N. Ilickey.
ALARA levels," 57 Fed. Reg 13389,13390 (April 16,1992), the Action Plan does not state that sites must be remediated to unrestricted release levels. In fact, the quoted languas appears to relate only to those MMP sites which are proposed to be decommissioned for unrestricted use.
The implication seems clear that if a site does not qualify for unrestricted use, future use will be restricted.
Sites are removed from the SDMP if they meet at least one of the following criteria.
(1) The license has been terminated after acceptable remediation; (2) For operating sites that have an inactive, contaminated portion of the site...,
remediation of the area has been completed and the license has been modified to reflect the remediation; (3) For unlicensed sites, acceptable remediation has been completed and the responsible party has been notified; or (4) Regulatory jurisdiction and oversight are completely assumed by an Agreement State... or by another State or Federal agency.
Indeed, in light of the nature of the sites in the SDMP, it is likely that many of these sites can not be remediated to unrestricted release levds. SDMP sites pose " unique or complex decommissioning issues," and are included in the SDMP because they meet one of several criteria, including:
(2) Presence oflarge amounts of soil contamination or unused settling ponds or burial grounds that may be difficult to dispose of; [and]...
(5) Contamination or potential contamination of the groundwater from onsite wastes.
Neither the license termination rule nor the supplementary information for the rule making provide any additional support for the assertion that the Action Plan only applies to sites that will be released for unrestricted use. Section 20.1401(b)(3) requires only that the LTP or decommissioning plan be approved by the NRC "in accordance with the criteria identified in the SDMP Action Plan." The supplementary information, including,in particular, the parap,raph quoted in your letter, simply reiterate the requirements in { 20.1401(b)(3) that license termination be "in accordance" with tl'. Action Plan. See 62 Fed. Reg. at 39080.
Furthermore, the conclusion that the Action Plan does not provide for the decommissioning of SDMP sites for release for restricted use is inconsistent with the NRC's prior conduct with respect to the SLDA. The December 29,1994 notice ofintent to prepare an environmental impact statement for the SLDA states that the NRC is " requiring the licensee to remediate the SLDA to meet the NRC's decommissioning criteria, as described in the NRC's <f ct/on Plan. "
59 Fed. Reg. 67344,67345 (emphasis added), and the notice specifically states that the NRC is considering the licensee's proposal to decommission the SLDA by stabilization in place and 1
1 J. W. N. Ilickey 3
recognizes that such stabilization would likely result in concentrations of uranium and thorium at l
the site that exceed the unrestricted use criteria.
Moreover, in its (now withdrawn) Draft Environmental Impact Statement ("DEIS") the NRC staffselected modified stabilization in place as the preferred decommissioning alternative for the l
SLDA. Although the notice of availability for the DEIS stated that the modified stabilization in place alternative would allow radioactive material to remain onsite in quantities exceeding, in some areas, the criteria for unrestricted release, nowhere does the notice indicate that this would be inconsistent with the Action Plan. See 62 Fed. Reg. 46780 (September 4,1997).
Finally, Condition 14.A of the license for the SLDA, which requires the submission of a decommissioning plan "within six months of the publication of NRC's Record of Decision concerning the Environmental Impact Statement for the SLDA," clearly contemplates that the SLDA will be decommissioned other than for release for unrestricted use (thereby requiring the production of an EIS).
In conclusion, BWXT continues to believe, based on the language of the license termination rule, the supplementary language to the rule making, the SDMP Action Plan and the NRC's course of conduct with respect to the SLDA, that the SLDA is exempt from the requirements of the license termination rule pursuant to 20.1401(b)(3). We fail to understand why the NRC has taken c wholly unsupported 180 degree turnaround on this site.
In your May 11,1998 letter yoa requested that BWXT submit an amendment to the SLDA license deleting the current language oflicense condition 14.A and replace it with language setting out a date for the submittal of a decommissioning plan. BWXT intends to cooperate with the NRC and will su' omit a license amendment as requested. By doing so, however, I wish to make it clear that BWXT does not intend to waive any rights or arguments that it may have that the SLDA is exempt from the new license termination rule.
Setting a date for the submittal of the decommissioning plan is highly dependent upon the scope and content of the plan and, therefore, it is necessary to further discuss these items with the NRC before a date can be established, especially since we have already submitted the majority of information required for a decommissioning plan. This item was briefly discussed with Messrs.
Orlando and Nelson on May 21,1998 at which time I indicated the need for an extension in time for submittal of a license amendment request. Both gentlemen indicated that this should pose no problem. By this letter I ara confirming our agreement.
Assuming that the issues associated with the scope and content for the decommissioning plan can be resolved at our forthcoming meeting, BWXT will submit an amendment request by July 13,1998 changing the language of condition 14.A and specifying a date by which a decommissioning plan will be submitted.
.~
J. W. N. Hickey 4,
- We are looking forward to meeting with yot an June 16. In the interim if you have any questions, please contact me at (804)522-68' 5.
3 Sincerely, Philip R. R senthal Senior Project Manager cc:
I~
K. B. Schoen - ARCO '
J. R. Lewis