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Category:Letter
MONTHYEARML24226A0902024-07-25025 July 2024 Cert Wetland Delineation Report ML24191A4512024-07-0909 July 2024 Cimarron Environmental Response Trust, Updated Information Regarding Potential for Seepage in Burial Area 1 ML24185A0932024-07-0303 July 2024 Environmental Properties Management LLC, Cimarron Environmental Response Trust Annual Environmental Monitoring Program Data ML24173A2662024-06-19019 June 2024 Letter Dated 06/19/2024 from J.P.Davis and Rmiller, Odeq, to Jhesemann, Cimarron Environmental Response Trust, (Cert) Regarding Letter Dated June 13, 2024 to Engage Legal Counsel for Construction Contracting Support ML24173A2582024-06-19019 June 2024 Letter Dated 06/19/2024 from J.P.Davis and Rmiller, Odeq, to Jhesseman, Cimarron Environmental Response Trust, (Cert) Regarding Letter Dated May 31, 2024, Regarding Intent Investigate Insurance for Water Treatment Facility ML24165A2722024-06-13013 June 2024 Environmental Properties Management, LLC, Cimarron Environmental Response Trust Intent to Engage Legal Counsel for Construction Contracting Support ML24156A0672024-05-31031 May 2024 Environmental Properties Management, LLC, Cimarron Environmental Response Trust Corrected Decommissioning Cost Estimate ML24173A2722024-05-31031 May 2024 Letter Dated 05/31/2024, John R. Hesemann, Cimarron Environmental Trust, to Jsmith, NRC, Rmiller, Odeq Regarding Request for Approval to Investigate Insurance for Water Treatment Facility ML24151A3812024-05-29029 May 2024 Letter from R.Yalen Chief, Environmental Protection Unit, Department of Justice to J.Lux, Cimarron Environmental Response Trust Regarding Request for One-Time Waiver of Section 3.2.5 of Trust Agreement Addressed in Letter, Dated April 1, 2 ML24149A3662024-05-28028 May 2024 Cimarron Environmental Response Trust U-235 Enrichment in Environmental Media at the Cimarron Site ML24179A2862024-05-0707 May 2024 Letter Dated 05072024 from J.P.Davis and Rmiller, Odeq, to Jlux, Cimarron Environmental Response Trust, (Cert) Regarding Response to NRC Concerns Regarding Seepage at Burial Area 1 (February 21, 2024) ML24115A2422024-04-25025 April 2024 Cimarron Environmental Response Trust - NRC Inspection Report 07000925/2024001 ML24116A1712024-04-24024 April 2024 Cimarron Environmental Response Trust Updated Decommissioning Cost Estimate ML24109A1712024-04-17017 April 2024 Cimarron Environmental Response Trust License Condition 27(e) Annual Report for 2023 ML24093A2182024-04-0101 April 2024 Cimarron Environmental Response Trust Request for Waiver of Competitive Bidding Requirement Pursuant to Section 3.2.5 of the Environmental Response Trust Agreement (Cimarron) ML24017A0552024-01-17017 January 2024 Cimarron Environmental Response Trust Burial Area 1 Redox Evaluation Report ML23346A2622023-12-0808 December 2023 Cimarron Environmental Response Trust, Response to October 2, 2023, Request for Additional Information ML23319A2032023-11-15015 November 2023 Cimarron Environmental Response Trust - Response to November 1, 2023, Request for Additional Information Related to Nuclear Criticality Safety ML23317A1112023-11-13013 November 2023 Cimarron Environmental Response Trust - October 18, 2023, Project Status Teleconference Notes ML23335A1482023-11-0606 November 2023 Letter from Oklahoma State Historic Preservation Office Historic Properties at the Cimarron Site ML23335A1492023-11-0303 November 2023 Letter from Oklahoma Archeological Survey Historic Properties at the Cimarron Site ML23319A2522023-11-0303 November 2023 Cimarron Environmental Response Trust - Response to September 6, 2023, Request for Additional Information ML20336A2062023-10-10010 October 2023 Letter to Ok Shpo Re Recommendations of Eligibility for Historic Properties at the Former Cimarron Fuel Fabrication Facility ML23279A1282023-10-10010 October 2023 Letter to Ok Archeological Survey Re Recommendations of Eligibility for Historic Properties at the Former Cimarron Fuel Fabrication Facility ML23251A2122023-10-0202 October 2023 Cimarron - Cover Letter with Request for Additional Information for the Safety Review of the Decommissioning Plan ML23268A4422023-09-15015 September 2023 Cimarron Environmental Response Trust - Clarification of On-Site Disposal Vs. Soil Laydown Area ML23270B9152023-09-13013 September 2023 Letter from Rachel Miller, Oklahoma Department of Environmental Quality, Cimarron Environmental Response Trust Bounding Conditions for Fissile Exempt Material, Dated 9/13/2023 ML23230B2172023-09-0606 September 2023 Request for Additional Information for the Environmental Assessment of the Decommissioning Plan for the Cimarron Site Near Crescent, Oklahoma ML23248A4542023-09-0505 September 2023 NRC Copy of Rachel Miller, Odeq Letter to Jeff Lux Regarding the Cimmarron Environmental Response Trust Dated September 5, 2023 ML23248A4642023-08-24024 August 2023 Letter from J.Paul Davis, Odeq, and Rachel Miller, Odeq to Jeff Lux the Cimarron Environmental Response Trust to NRC Dated August 24/2023 ML23222A1342023-08-0808 August 2023 Environmental Properties Management, LLC, Cimarron Environmental Response Trust, Determination of Distribution Coefficients for Use in the Cimarron Decommissioning Plan ML23205A1792023-07-21021 July 2023 Cimarron Environmental Response Trust, Bounding Conditions for Fissile Exempt Material ML23193A8432023-07-12012 July 2023 Cimarron Environmental Response Trust Revision of License Amendment Requests in Section 6 of Decommissioning Plan - Rev 3 ML23171A9212023-06-13013 June 2023 Letter from J. Paul Davis, Odeq, Dated 6/13/2023 Regarding Letter from the Cimarron Environmental Response Trust to NRC- Dated April 17 2023 ML23152A0222023-06-0101 June 2023 Response to Letter Dated April 17 with Respect to Schedule for Processing License Amendment Request for Special Nuclear Material License SNM-928 Cimarron 5 24 2023 ML23139A0782023-05-17017 May 2023 Letter from J.Paul Davis, Odeq to Jlux, Cimarron Environmental Properties, Dated 5 17 2023 Regarding Addendum to License Application Addressing Cimarron Environmental Response Trust - Addressing 10 CFR Part 74 in the Cert Decommissioning Pl ML23142A1142023-05-0101 May 2023 Incoming Fee Exemption Request from State of Oklahoma on Behalf of Cimarron ML23109A1432023-04-18018 April 2023 Environmental Properties Management, LLC - Application for Exemption of Fees Pursuant to 10 CFR 170.12 Docket No. 07000925; License No. SNM-928 ML23108A0372023-04-17017 April 2023 Cimarron Environmental Response Trust NRC Schedule for Review of License Amendment Request ML23066A0382023-03-0707 March 2023 Cimarron Environmental Response Trust - License Condition 27(e) Annual Report for 2022 ML23065A0882023-03-0606 March 2023 Cimarron Environmental Response Trust - Funding for Abandonment of Monitor Wells ML23034A1682023-02-0303 February 2023 Cimarron Environmental Response Trust - Addressing 10 CFR Part 74 in the Cert Decommissioning Plan ML22350A0582022-12-15015 December 2022 Cimarron Environmental Response Trust Proposal to Abandon Monitor Wells on Divested Property ML22350A0482022-12-15015 December 2022 Cimarron Environmental Response Trust Proposal to Abandon Monitor Wells T-99, T-100, and 1371 - 1373 - Corrected ML22350A0722022-12-15015 December 2022 Cimarron Environmental Response Trust, Proposal to Abandon Monitor Wells T-99, T-100, and 1371 - 1373 - Corrected ML22313A1582022-11-29029 November 2022 Letter to Stacy Mitchell, Vice President, U.S. Bank National Association Regarding Change in Project Manager from Kenneth Kalman to James Smith ML22284A1452022-10-0707 October 2022 Cimarron Environmental Response Trust, Cimarron Site Decommissioning Plan ML22257A2472022-09-0808 September 2022 Cimarron Environmental Response Trust, Proposal to Abandon Monitor Wells T-99, T-100, and 1371 - 1373 ML22217A0252022-08-0808 August 2022 Cimarron Inspection Report 2022-001 ML22235A7612022-08-0808 August 2022 Trustee for Cimarron Environmental Response Trust/Nrc 2024-07-09
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Text
April 1, 2024
Mr. James Smith U.S. Nuclear Regulatory Commission 11555 Rockville Pike Rockville, MD 20852-2738
Ms. Rachel Miller Oklahoma Department of Environmental Quality 707 North Robinson Oklahoma City, OK 73101
Robert William Yalen Office of the United States Attorney for the Southern District of New York 86 Chambers Street, Third Floor New York, NY 10007
Re: Docket No. 07000925; License No. SNM-928 Cimarron Environmental Response Trust Request for Waiver of Competitive Bidding Requi rement pursuant to Section 3.2.5 of the Environmental Response Trust Agreement (Cimarron)
Dear Recipients:
Solely as Trustee for the Cimarron Environmental Response Trust (CERT), Environmental Properties Management LLC (EPM) conducted discussions with representatives of the U. S.
Nuclear Regulatory Commission (NRC), the Oklahoma Department of Environmental Quality (DEQ), and Mr. Robert Yalen, of the Office of the United States Attorney for the Southern District of New York on February 16, 2024. The purpose of these discussions was to discuss the provisions of Section 3.2.5 of the Environmental Response Trust Agreement (Cimarron),
hereinafter referred to as the Trust Agreement.
This letter addresses three provisions of Section 3.2.5 of the Trust Agreement:
- 1. The Cimarron Trustee shall seek the approval of the appropriate Lead Agency of any contractor hired by the Cimarron Trustee and any work plans to be undertaken by the Cimarron Trust under the oversight of the appropriate Lead Agency, unless the Lead Agency has provided a written waiver of such approval or requirements.
- 2. Except for architectural services and engineering services, the Trustee shall use competitive bidding to select the most suitab le contractor for any work on matters to which the Cimarron Trust Federal Environmental Cost Account or the Cimarron Standby Trust Fund applies, and that is not carried out by the Trustee.
9400 Ward Parkway
- Kansas City, MO 64114 Tel: 405-642-5152
- 3. The Trustee shall be responsible for the review and selection of any contractors sought to perform work, however, the Trustee shall provide NRC with its intended selection at least 30 days before the contract is awarded, and NRC may object or otherwise deny the award of any contract for any reasonable reason.
In January 2015, EPM retained Kurion, Inc., the predecessor to Veolia Nuclear Solutions -
Federal Services (VNSFS), to conduct groundwater treatment treatability tests and design groundwater treatment and waste processing systems. Kurion provided water treatment engineering services through the submission of the 2015 decommissioning plan, and after purchasing Kurion, VNSFS continued to provide these services through all three revisions of the plan; the last revision was submitted to the NRC in October 2022. In 2023, EPM contracted VNSFS to provide engineering support required to respond to NRC and DEQ requests for additional information (RAIs) on the 2022 decommissioning plan and advance the groundwater treatment and waste processing facility design to 90% status. In 2024, VNSFS will continue to advance the treatment and waste processing facility treatment system design to 90% status and provide pre-construction support services consisting of bid package preparation, cost estimating, and other construction preparation activities.
The previous and current VNSFS scopes of work described above constitute engineering services; however, beginning in 2025, VNSFSs scope of work will include the fabrication, delivery and startup of groundwater treatment and waste processing systems. These activities are subject to the competitive bidding requirements stipulated in Section 3.2.5 of the Trust Agreement. Due to VNSFSs extensive experience on the Cimarron project, including design of the facility that will house the groundwater treatment and waste processing systems, EPM proposes to direct award, without competitive bidding, a contract for equipment provisioning services to VNSFS. EPM will require VNSFS to competitively bid the subcontracts they will award for equipment component procurement and system fabrication and assembly and present the competitive bidding results to EPM demonstrate best value to the Trust. This equipment provisioning contract approach benefits the Trust by reducing the potential for additional treatment and waste processing facility design modifications to be required following award of the equipment provisioning scope. Such modifications would increase costs and potentially cause schedule delays. Because VNSFS is the certifying engineer of record for the groundwater treatment and waste processing facility, they are uniquely qualified to provide an equipment design and procurement approach that minimizes potential conflicts with the facility design. In addition, because of VNSFSs experience on the project, now spanning several years, they are well versed in project requirements and uniquely qualified to provide technical support during remediation system startup.
Based on these factors, EPM has concluded that the equipment procurement approach that provides best value to the Trust is to direct award equipment provisioning to VNSFS while requiring VNSFS to competitively bid their subcontracts for equipment procurement and system fabrication and assembly of the equipment units . In order to proceed in this manner, EPM
9400 Ward Parkway
- Kansas City, MO 64114 Tel: 405-642-5152
requests that DEQ and NRC respond to this letter with a written waiver of the competitive bidding requirement stipulated in Section 3.2.5 of the Trust Agreement. This waiver will be limited to the fabrication, testing, installation, and startup of groundwater treatment and waste processing systems.
EPM will continue to retain BMcD and VNSFS to provide engineering support during the construction phase of the Cimarron Remedia tion project. These services will not be competitively bid since they constitute engineering services and are therefore not subject to the competitive bidding requirement stipulated in Section 3.2.5 of the Trust Agreement.
If you have any questions or desire clarification, please call me at (405) 642-5152.
Sincerely,
Jeff Lux Project Manager
cc: (electronic copies only)
Angela Coggins, NRC Paul Davis, Christopher Robinson, DEQ NRC Public Document Room
9400 Ward Parkway
- Kansas City, MO 64114 Tel: 405-642-5152