ML25195A309
| ML25195A309 | |
| Person / Time | |
|---|---|
| Site: | 07000925 |
| Issue date: | 06/18/2025 |
| From: | - No Known Affiliation |
| To: | Office of Nuclear Material Safety and Safeguards, Document Control Desk |
| References | |
| Download: ML25195A309 (1) | |
Text
NRC - DEQ - EPM Project Status Meeting Notes June 18, 2025 - 2:30 Eastern, 1:30 Central Page 1 of 3 Attendees:
NRC DEQ EPM Lifeng Guo Paul Davis Matt Crawford Jim Smith Penn Mouluh Jeff Lux Martha Poston-Brown David Cates John Hesemann Rob Evans Jon Reid Lee Dooley Administrative Issues SW1/4 of Section 12 - Firearms use limitation.
EPM received the following feedback from our outside counsel (Stinson LLP) on this issue.
- They agreed that restricting gun ownership in a private dwelling is against Oklahoma constitutional Law;
- They indicated that under current Oklahoma and federal law, EPM and the Trust would likely not be liable for the unlawful use of a firearm occurring on a property sold to an individual/company; and
- They indicated that it would not be necessary to add language to the deed restriction stipulating that the current owner would be liable for damage caused to the Trust due to firearms use, as the Trust would already have the right to seek damages. Alternatively, the Trust could require the current owner to include an indemnity provision in favor of the Trust on future sale documents.
EPM, DEQ, and NRC agreed to allow the current owner, AM Investments LLC (Aaron Whitfield), to draft a document releasing the property from the firearms use limitation to be filed with Logan County. Once EPM receives the document, we will forward it to NRC and DEQ for review and approval.
In the meantime, Jeff Lux will be in Guthrie to oversee routine maintenance in early July. Jeff will stop by the Logan County Assessor's office and inquire about modifying a deed restriction.
EPM will contact Aaron Whitfield and inform him that the Trust will agree in principle to removing the firearms restriction from the deed and that it is Mr. Whitfield's responsibility to draft and file any documents required to facilitate the removal of the restriction.
Pending Approvals
- 2025 Scope & Budget o Jim Smith indicated that a draft letter approving the 2025 Scope & Budget has been in the NRCs concurrence system pending response from Rob Yalen (DOJ) regarding EPM's request to retain Burns & McDonnell. Once NRC receives a response from Rob Yalen documenting approval to retain Burns & McDonnell, they will issue a budget approval letter.
o Reallocation of Remedial Costs
NRC - DEQ - EPM Project Status Meeting Notes June 18, 2025 - 2:30 Eastern, 1:30 Central Page 2 of 3 Jim indicated that this approval will be addressed once the 2025 scope and budget are approved.
o Construction Budget Request Jim indicated that NRC intends to expedite this approval, but as with the reallocation of remedial costs, the approval will be addressed once NRC receives its response from Rob Yalen.
o Budget Request for Unanticipated Design Scope This request was submitted to obtain funding approval for critical design scopes if the construction budget request approval is delayed. Jim indicated that NRC is working to expedite the construction budget request.
As a result, this request will likely be retracted.
Community Engagement Scope & Budget Community engagement activities, such as developing a fact sheet, hosting a website, etc., were not included in the proposed 2025 Scope & Budget. EPM will submit a scope and budget for these activities and intends to fund them under the Unanticipated Work budget task.
EPM will submit a scope and budget for community engagement activities following approval of the 2025 Scope & Budget.
Status of Work/Submittals Radiation Protection Plan (RPP) & Decommissioning Plan Rev. 3 (DP Rev. 3) 27(e) Evaluations
- Trench/Boring/Western Area Treatment Facility (WATF) Soil Screening - the initial radiation protection reviewer was concerned that even though these areas where construction of these component will occur were released for unrestricted use, the potential exists for unknown/previously unidentified material exceeding the release criteria to be encountered during excavation. As a result, DP Rev. 3 and RPP Rev. 5 provided for significant soil sample collection and associated laboratory analysis during excavation activities. However, the construction areas where the subsurface disturbed below 1 foot below ground are not located in areas related to former impoundments, burial areas, pipelines, etc. As a result, and consistent with the ALARA principle, EPM has altered the procedures for conducting subsurface soil surveys during construction.
The change will be documented in three 27(e) evaluations.
- As covered in the April 2025 Project Status meeting, EPM has concluded that using a slurry with a low organic content (as characterized by a biological oxygen demand (BOD) level significantly lower than the biopolymer slurry used during the 2017 remediation pilot test) is appropriate for constructing groundwater injection and extraction trenches in unconsolidated materials. This represents a change to the Decommissioning Plan Rev. 3, which specified the use of an inorganic slurry due to the aquifer reducing conditions resulting from extraction trench excavation conducted during the 2017 pilot study. This change will be documented in a 27(e) evaluation, which will include as an attachment a technical memorandum addressing the selection of the low-BOD slurry.
NRC - DEQ - EPM Project Status Meeting Notes June 18, 2025 - 2:30 Eastern, 1:30 Central Page 3 of 3 Due to the implications these 27(e) evaluations have for upcoming construction, EPM will submit an interim 2025 27(e) evaluation report before construction begins to provide the NRC and DEQ an opportunity to review before the changes are implemented and prior to any NRC facility inspection planned to take place during construction.
Permitting Update:
The construction stormwater discharge Notice of Intent (NOI)and site Stormwater Pollution Prevention Plan (SWPPP); Logan County, Oklahoma Floodplain Permit; and U.S. Army Corps of Engineers Nationwide Permit #7 (NWP-7) Pre-Construction Notification (PCN) have been drafted and are ready for submittal. The OPDES Industrial Permit has also been drafted and is undergoing final revisions.
EPM will submit the NOI/SWPPP, Logan County, Oklahoma Floodplain Permit, and NWP-7 PCN to the applicable agencies in early July. Concurrently with the outset of construction activities, which are projected to begin in September 2025, EPM will finalize and submit the OPDES Industrial Permit.
Additional Discussion Lifeng Guo (NRC) asked for an update on the anticipated start of remediation system operations.
Under the current assumption that the construction budget will be approved by mid-July 2025, construction should commence in September 2025. O6 Environmental LLC, the general contractor selected for remediation system construction, estimates an approximate 11-month construction schedule, which would have the system transitioning from startup/commissioning to operation in August 2026.
Date and Time of Next Teleconference Via Microsoft Teams on July 16, 2025, at 2:30 Eastern, 1:30 Central