ML072970624

Supplemental Information Response to September 11, 2007 Request for Additional Information and Assurance of Decommissioning Funding License R-88 Renewal

ML072970624
Person / Time
Site:	Kansas State University
Issue date:	10/16/2007
From:	Whaley P M Kansas State University
To:	Hughes D E NRC/NRR/ADRO/DPR
References
TAC MC9031
Download: ML072970624 (5)

Text

I eSTATE Department of Mechanical and Nuclear Engineering 302 Ralhbone Hall Manhattan, KS 66506 -5205 785-532-5610 Fox: 785-532-7057 P. Michael Whaley Kansas State University Nuclear Reactor Facilities Manager 112 Ward Hall Manhattan, Kansas 66506 Daniel E. Hughes, Project Manager Research and Test Reactors Section New, Research and Test Reactors Program Division of Regulatory Improvement Programs Office of Nuclear Reactor Regulation DATE: 16 October 2007

SUBJECT:

Supplemental Information Response to September 11, 2007 Request for Additional Information and Assurance of Decommissioning Funding Re: License R-88 Renewal (TAC NO. MC9031)

Dear Mr. Hughes:

Clarification of the Kansas State University intent to support decommissioning (when required) is attached in the form of a letter of intent from the President of Kansas State University, and the statutory relationship of Kansas State University with respect to the State of Kansas based on the legal opinion of the Kansas State University Senior Attorney.If you have any questions or comments concerning this matter, you may contact me at 785-532-6657 or whaley(@ksu.edu.

I verify under penalty of perjury that the foregoing is true and correct, Executed on 16 October 16, 2007, P. M. Wha&IA ! CAROL L KONOLD I NOTARY PUBLIC STATE OF K,6SS en My Exp.cc: USNRC Document Control Desk att: Letter, J. Wefald to United States Nuclear Regulatory Commission (10/12/2007)

Letter, R. Seaton to United States Nuclear Regulatory Commission (10/12/2007)

A (0/ 0`1 PAR'10/12/2007 United State Nuclear Regulatory Commission Office of the President ATTN: Document Control Desk 110 Anderson Holl Manhattan, KS 66506 -0112 Washington, DC 20555-0001 785-532.6221 Fax: 785.532-7639

SUBJECT:

Kansas State University License R-88/Docket 50-188 Intent to Support Decommissioning Activities

Dear Sirs:

This concerns the ultimate decommissioning of the Kansas State University TRIGA Nuclear Reactor Facility, currently operating under the "timely renewal" provisions of Title 10, Code of Federal Regulations (CFR). Pursuant to the CFR, Title 10, Part 50, this is to assure that the University, an entity of the State of Kansas, will obtain decommissioning funds when necessary.

A request for license renewal has been submitted to the USNRC, and is expected to be approved for a 20-year term. When a decision is made to terminate the facility license and decommission the facility, the University will request legislative appropriation of funds, or otherwise provide funds sufficiently in advance of decommissioning to prevent delay of required activities.

On July 17, 1990 an estimate for decommissioning costs prepared.

on the basis of the methods described in the May 1989 Nuclear Regulatory Commission guide on "Assuring the Availability of Funds for Decommissioning Nuclear Reactors." The 1990 estimate has been updated to reflect current values using U.S. Department of Labor Statistics (April 17, 2007), as attached.With assurance that I have the authority to sign this statement of intent, I am yours truly, Jon Wefald President I verify underpnIof ereforegoi true a d c Executed on o rSigned Att: Preliminary Cost Estimate for the DF N Option for commissioning the KSU TRIGA Mk II Nuclear Reactor Facility cc: I. USNRC, Region IV, 611 Ryan Plaza Drive, Suite 400, Arlington, TX 76011-4005.

2. USNRC, D. Hughes Mail Stop 01 2-GI 3, One White Flint North, 1 1555 Rockville Pike, Rockville, MD 20852-2738 ATTACHMENT 1: Preliminary Cost Estimate for the DECON Option for Decommissioning the KSU TRIGA Mk If Nuclear Reactor Facility Estimated Cost (2007 $)Cost Category Subcategory Met from Budgeted Onerations Disposal of Radioactive Materials Neutron Activated Material Contaminated Materials Decommissioning Wastes Subtotal Labor Energy Tools'Supplies Subtotal Other Costs$245,389$32,274$277,663$277,663$69,416$347,079 Requiring Supplemental Appropriation

$44,505$215,651$39,255$299,410$190,249$44,484$13,061$247,794$547,204$136,801.$684,005 Subtotal, Raw Estimated Costs Contingency (25%)Total Estimated Costs Office of University Attorney MI Anderson Hall Manhattan, KS 66506 -0115 October 12, 2007 785-532.5730 Fax: 785-532-5603 United States Nuclear Regulatory Commission ATTN: Document Control Desk Washington, DC 20555-0001 Ladies and Gentlemen, As you requested, I am happy to provide the following opinion: 1. Kansas State University is not a corporation, but rather an agency of the State of Kansas. Kansas Statutes Annotated (K. S. A.)76-711 defines "state educational institution" to include Kansas State University.

K. S. A.76-712 provides that state educational institutions are "separate state agencies." The Tenth Circuit Court of Appeals and the United State District Court for the District of Kansas have both held that Kansas state universities are arms of the state of Kansas and thus immune from suit in the federal court under the Eleventh Amendment.

Brennan v University of Kansas 451 F.2d 1287 (1971); and Ndefru v Kansas State University, 814 F Supp 54 (D. Kan. 1993).2. The decommissioning funding obligations of Kansas State University are obligations backed and supported by the full faith and credit of the state of Kansas. K.S. A.76-721 expressly authorizes the Kansas Board of Regents, or any state educational institution with the approval of the Board of Regents, to enter into contracts with any agency of the United States. The Board of Regents, in turn, has delegated authority to the institutions under its supervision to enter into contracts with any agency of the United States. Kansas Board of Regents Policy B.8.b. (1).(enclosed).

3. The President of Kansas State University, currently Jon Wefald, is by statute the chief executive officer of Kansas State University.

K. S. A.76-714. Under Board of Regents policy B.8.b. (4) (enclosed).

the chief executive officer of the institution is specifically authorized to execute contracts on behalf of the educational institution, in this case Kansas State University.

In addition, by statute, the president is authorized to administer the affairs of the institution.

K.S.A.76-725.I hope this provides the information you are seeking. Please advise if I can be of further assistance.

United States Nuclear Regulatory Commission October 12, 2007 page 2 Very truly yours, Richard H. Seaton University Attorney cc: Mo Hosni Paul M.. Whaley