ML18282A523

NRC Response to Nyserda'S Requests for Clarification of License Responsibility

ML18282A523
Person / Time
Site:	West Valley Demonstration Project
Issue date:	11/07/2018
From:	Amy Snyder Division of Decommissioning, Uranium Recovery and Waste Programs
To:	Jeremy Dean State of NY, Energy Research & Development Authority
Snyder A
References
Download: ML18282A523 (3)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 November 7, 2018 Janice Dean, Deputy Counsel West Valley Site Management Program New York State Energy Research and Development Authority 17 Columbia Circle Albany, NY 12203-6399

SUBJECT:

AUTHORITY UNDER LICENSE FOR HEALTH AND SAFETY

Dear Janice:

We believe the August 9, 2018, pre-amendment discussion with New York State Energy Research and Development Authoritys (NYSERDA) was beneficial in that we better understand your short term and long term licensing needs. I, as the West Valley Project Manager for the NRC, am responding to your August 9 and September 12, 2018 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML18262A254), requests to Andrea Kock for clarification of NYSERDAs health and safety responsibility under the U.S. Nuclear Regulatory Commission (NRC) License No. CSF-0001.

The NRC staff has reviewed the terms of NYSERDAs current license and concludes that, as the sole remaining licensee, NYSERDA holds the authorities and responsibilities granted by the license. Therefore, the license authorizes NYSERDA to conduct work, such as maintenance or sampling, which does not interfere with the Department of Energys work under the West Valley Demonstration Project Act. In addition, NYSERDA is also responsible for maintaining health and safety in those parts of the site not currently controlled by DOE.

At the August 9, 2018, meeting, NYSERDA identified several short term maintenance activities that are time-sensitive, including work in potentially contaminated areas or that may uncover previously unknown contamination. To discuss that work, the NRC staff met with NYSERDA in April and May 2018 and at the August 9th meeting (slide 4, ADAMS Accession No. ML18219B612). The NRC staff believes that a narrow license amendment would be sufficient to modernize the radiation protection portions of the license and greatly simplify NYSERDAs radiation protection requirements. The NRC staff understands that such a license amendment request (LAR) would include the following:

• A description of NYSERDAs proposed Radiation Protection Program (RPP), such as that provided by NYSERDAs July 30, 2012 letter (ADAMS Accession No. ML122610374);

• An environmental report or explanation of why no such report is required, and

• A request that the 1960s-based RPP described in the FSAR be removed from the license.

The NRC staff also recommends that NYSERDA include a description of the activities it plans to conduct in the short term in potentially contaminated or contaminated areas and a commitment to conduct these activities pursuant to applicable 10 CFR Part 20 requirements in its RPP.

J. Dean 2 In the same or a separate LAR, NYSERDA may also request that the NRC make appropriate revisions to the license to provide additional clarity on NYSERDAs authorities and responsibilities under the license.

As a Part 50 licensee, NYSERDA would need to ensure that any LAR meet the requirements of 10 CFR 50.90, Application for amendment of license, construction permit, or early site permit.

In NYSERDAs case, the NRC staff suggest that it may be appropriate for NYSERDA to identify the current licensing situation, identify any portions of the license that are inconsistent with NYSERDAs amendment application, and provide revisions to address those inconsistencies.

The NRC staff understands that in the near term NYSERDA will be deciding on the course of action it will be taking with regard to your short-term and long-term licensing needs. We look forward to further discussions. We suggest that you consider a pre-application readiness assessment. In a readiness assessment of a draft LAR the NRC staff may:

• identify information gaps in the draft application,

• identify major technical or policy issues that may affect the review of the application, and

• become familiar with the application, particularly in areas where you may be proposing new concepts.

The results of the readiness assessment may assist NYSERDA in finalizing its application and also assist the staff in organizing NRC resources for the review.

In accordance with 10 CFR 2.390 of the NRCs Agency Rules of Practice and Procedure, a copy of this letter will be available electronically for public inspection in the NRC Public Document Room or from the Publicly Available Records component of NRCs ADAMS. ADAMS is accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html.

If you have any questions or need any additional information regarding our comments, please contact me at 301-415-6822.

Sincerely,

/RA/

Amy M. Snyder, Senior Project Manager Reactor Decommissioning Branch Division of Decommissioning, Uranium Recovery, and Waste Programs Office of Nuclear Material Safety and Safeguards cc: Tim Rice, NYSDEC (timothy.rice@dec.ny.gov)

Robert Dansereau, NYSDOH (robert.dansereau@health.ny.gov)

Bryan Bower, DOE-WV (bryan.bower@emcbc.doe.gov)

Oleg.Povetko, EPA-RII (oleg.povetko@epa.gov)

ML18282A523 *via email OFFICE NMSS/DUWP NMSS/DUWP/LA NMSS/DUWP OGC NAME A.Snyder C.Holston B.Watson S.Clark 9/17/18 and DATE 10/09/18, 10/11/18 10/16/18 11/07/18 10/16/18, and 11/07/18 OFFICE NMSS/DUWP NAME A.Snyder DATE 11/07/18