ML20141J295

Fourth Partial Response to FOIA Request for Documents. Records Subj to Request Encl & Identified in App H

ML20141J295
Person / Time
Issue date:	05/20/1997
From:	Reed C NRC OFFICE OF ADMINISTRATION (ADM)
To:	Kyte J AFFILIATION NOT ASSIGNED
Shared Package
ML20140B594	List: ML20140B588 ML20141J295 ML20141J353 ML20141J360 ML20141J365
References
FOIA-97-68 NUDOCS 9705280028
Download: ML20141J295 (6)

Text

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U.S. NUCLEAR REOULATORY COMMISSION NHC FOIA HEGOEST NUMBh R(S)

-[ '

FOIA 97-0088

[ ' Tv h RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST l FINAL o^TE RESPONSE T YPE lX l PARTIAL ( 4 t h )

.ee..

/ E 2 0 29 DOCKE T NUMBE R(S) (/f appbcablef RE QUESTE R l

John R. Kyte i PART 1.-AGENCY RECORDS RELEASED OR NCT LOCATED /See checked boken No agency records subject to the request have been located.

l No additional agency records subject to the request have been located.

Requested records are available through another public oistribution program. See Comments section.

l Agency records subject to the request that are identified in Append;x{es) are already available for public inspection and copying at the l NRC Public Document Room,2120 L Street, N.W., Washington, DC.

Agency records subject to the request that are identified in Appendix (es) H are being made avadabie for pub!ic inspe tion and copying ,

)( st the NRC Public Document Room,2120 L Street, N.W., Washington, DC,in a folder under this FOIA number.

l The nonproprietary version of the proposal (s) that you agreed to accept in a telephone conversat.on with a m: mber of my staf f is now being made avadab!t:

for public inspection and copying at the NRC Public Document Room. 2120 L Street, N.W., Washington, DC, in a folder under this FOIA number.

Agency records subject to the request that are identified in Appendix (es) may be inspected and copied at the N RC Local Public Document Room identified in the Comments section, En :losed is infortnaac a on how s N ma'c rbtain acce:s to and the charges for copymg records located at the NRC Public Document Room,2120 L Street,

( N.W., Washington, DC.

! y Agency records subject to the request are enclosed.

Records subject to the request have been referred to another FederJ agency (ies) for review and direct response to you.

i

! Fees l You will be billed by the NRC for fees totaling S

?

l You will receive a refund from the NRC in the amount of $

l In view of N RC's response to this request, no further action is being taken on appeal letter dated , No.

PART 11. A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE Certain information in the requested records is being withheld from public disclosure pursuant to the exemptions described in and for the reasons stated l in Part 11, B, C, and D. Any released portions of the documents for which only pact of the record is being withheld are being made available for public l inspaction and copying in the NRC Public Document Room,2120 L Street, N.W., Washington, DC in a folder under this FOI A number, 1 i

l COMMENTS 1 i i The records identified on enclosed Appendix H are responsive to l your request. Copies of these records are enclosed, excluding the copyrighted records, which are identified with an asterisk.

However, copies of these records will be placed at NRC's Public Document Room for viewing. The staff is continuing to review additional records for releasability determinations. You will be notified once this review is completed.  ;

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1 l APPENDIX H l (* COPYRIGHTED RECORDS) I i

RECORDS MAINTAINED IN THE PDR UNDER THE ABOVE REQUEST NUMBER NUMBER DATE DEGf' TION /PAGES

! l l 1. 12/28/96 *Ne.spaper article from The Salt I Laxe Tribune, entitled, " Utah Dump j Owner Says Ex-Official Extorted J Cash," (2 pgs.).  ;

i

2. 12/30/96

• Newspaper article from The Desert I News, entitled, " Scandal Arising on l Utah Board of Radiation," (3 pgs.). I I

3. 12/31/96

• Newspaper article from The Salt Lake Tribune, entitled, "Semnani Won't ResAgn from Post," (4 pgs.). l

4. 1/2/97

• Newspaper article from The Salt Lake Tribune, entitled, "Semnani Must Step Down," (1 pg.). l i l l S. 1/3/97

• Newspaper article from The Desert l l

News, entitled, "Envirocare Owner l l Says He's Victim in Scandal,"  !

(6 pgs.).

6. 1/3/97

• Newspaper article from.The Salt j Lake Tribune, entitled, " Savvy j Semnani Under Fire, Gritty -

Executive Steps Aside," (6 pgs.).

7. 1/4/97

• Newspaper article from The Salt Lake Tribune, entitled, " Judge Cites Flaws in Ethics Act,"

(3 pgs.).

8. 1/4/97

• Newspaper article from The Salt Lake Tribune, entitled, "Semnani Saga Sees New Twist," (2 pgs.).

l 9 1/5/97

• Newspaper article from The Salt i

Lake Tribune, entitled, "Envirocare Audit Hints at Cozy Ties,"

(3 pgs.).

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t l

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10. 1/6/97

• Newspaper article from Inside  ;

Energy, entitled,

• Environmental  ;

I Ma,sgement," (1 pa. ) .

l 11. 1/7/97

• Newspaper article from The Salt

! Lake Tribune, entitled, "Envirocare j l Has Added to List of Wastes," l l (2 pgs.). l l 12. 1/9/97

• Newspaper article from The Salt Lake Tribune, entitled, "Semnani l Won't Resign From Post," (1 pg.). l l

13. 1/9/97

• Newspaper article from The Salt Lake Tribune, entitled, "Envirocare

Got Breaks and State Knew It,"

(2 pgs.).

14. 1/9/97

• Newspaper article from The San Miguel Basin Forum, entitled, "Umetco May File Suit Against l Utah's Envirocare," (1 pg.).

15. 1/9/97

• Newspaper article from Nucleonics Week, entitled, " Utah AG Probes Dealings Between Envirocare Owner and Regulatot " (2 pgs.).

16. 1/13/97

• Article from Nuclear Fuel, entitled, "NRC Reviewing Ex-Regulator's Business Relationship with Envirocare Owner," (3 pgs.).

17. 1/10/97

• Newspaper article from The Salt Lake Tribune, entitled, " Waste Fees: Does Utah Charge Enough,"

(3 pgs.).

18. 1/16/97

• Newspaper article from The Salt Lake Tribune, entitled, "In Utah ECO Wars, Wilderness is Hot and Waste is Not," (2 pgs.).

l

19. 2/25/97

• Newspaper article from The Salt Lake Tribune, entitled, " Utah I Officials Turn Over Envirocare Case to Feds," (1 pg.).

l

20. 2/27/97

• Newspaper article from The Wall l Street Journal, entitled, " Trash and Cash," (3 pgs.).

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Re FOI A- 9 7-006 8 APPENDIX H RECORDS MAINTAINED IN THE PDR UNDER THE ABOVE REQUEST^* MUMBER (Continued)

NUMBER DATE DESCRIPTION

21. undtd Extracted page from NUREG-1600, with handwritten note from J.

Lieberman, (1 pg.).

22. 4/3/96 Letter to J. Graves from R. Bangart re information on a Possible Exemption from NRC Licensing Requirements, with attachment, (4 pgs.).

23. 12/3/96 Answer to Counterclaim, Anderson versus Semnani, (33 pgs.).

24. 1/7/97 Memo to the Commission from H.

Thompson, subject: "Recent Information on Envirocare of Utah and the State of Utah,"

w/ attachment, (43 pgs.).

25. 1/8/97 EA Request & Enforcement Strategy  ;

Form, (1 pg.). l

26. 1/8/97 Letter to J. Taylor from T. l Cochran, and Letter to H. Thompson l from T. Cochran dated 1/8/97, (7 pgs.).

27. 1/17/97 Letter to D. Nielson, S. Jackson, and J. McGraw, (3 pgs.).

28. 1/21/97 Letter to Chairman Jackson from C.

Marcus, re: Petition to Conduct Expedited Agreement State Program Compatibility Review, (1 pg.).

29. 1/21/97 Letter to R. Hoffman, from C.

Marcus re Petition for Rulemaking, w/ attachment, (12 pgs.).

t Ret FOIA-97-0068 APPENDIX H  ;

RECORDS MAINTAINED IN THE PDR UNDER THE ABOVE REQUEST NUMBER (Contir.ued )

1 1 NUMBER DATE DESCRIPTION '

e 1

30, 1/23/97 Note to Evelyn from Frances containing handwritten note, (1 pgs.).

I

! 31. 1/28/97 Memo to D. Nielson from B.

, Sinclair, subject: " Review of ,

Envirocare Licensing Actions,"

(12 pgs.).

32. 1/31/97 Press Release from Envirocare of Ut'* Inc. (1 pg.).

4

33. 1/29/97 Letter to C. Marcus from J. Hoyle, (1 pg.).

34, 2/5/97 Memo to R. Bangart, fron K.

Schneider, subject: "1994 Utah Radiation Program Review,"

(4 pgs.).

35. 2/7/97 Memo to C. Paperiello, et al, from j

R. Bangart, subject: ' Chronology I of Office of State Programs' Files on Envirocare ano Utah, (15 pgs.).

36. 2/11/97 Letter to C. Me cus from R. Bangart attaching lett.+'to W. Sinclair from R. Bangart, 2 pgs.).

i,

). 37. 2/21/97 Note from C. Wingo to NMSS,

! subject: NMSS Items of Interent

. for week ending 2/21/97, (2 pgs.).

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4 e I Re: FOIA-97-0068 r

APPENDIX H i' RECORDS MAINTAINED IN THE PDR UN9ER THE ABOVE REQUEST NUMBER (Continued)

NUMBER DATE DESCRIPTION a

38. 2/21/97 Letter to the Commission from B.

Finamore and T. Cochran re:

Request for Review of Director and Staff Decisions Denying NRDC 10 CFR '

2.206 Petition Regarding Envirocare

] of Utah, Inc., (8 pgs.).

i i

39. 2/24/97 NRC-COMSECY Tracking System (5 pgs.).

40. 2/25/97 Letter to R. Bangart from C. Judd, w/ attachment, (7pgs.).

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'.' - g. -4 UNITED STATES E E NUCLEAR REGULATORY COMMISSION f WASHINGTON, D.C. 2066tW001 April 3, 1996 ~. NA' l y.

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l Mr. Johnny C. Graves

i. I.icensing Registration / Planning Manager

! Vivision of Radiological Health l Department of Environment and Conservation N

! Third Floor, L & C Annex ,

l 401 Church Street Nashville, TN 37243-1532 ' '

[

Dear Mr. Graves:

This is in response to your November 8, 1995, letter in which you requested information on a possible exemption from NRC licensing requirements granted ,

to an Agreement State licensee. Under the exemption, the Agreement State '

licensee could possess special nuclear material (SNM) in a quantity greater than that authorized in Agreement State regulations.

To date, no such exemption has been granted to any Agreement State licensee.

However, on October 21, 1992, Envirocare of Utah filed a petition with the U.S. Nuclear Regulatory Commission (NRC) (copy enclosed). The petition l requests that persons generating or disposing of very low-specific-activity l waste, contaminated with SNM and not capable of forming a critical reaction, be exempt from the possession limit for contained U-235 (350 grams) specified in 10 CFR Part 150. The petitioner cites as a reason for the exemption the fact that the current possession limit imposes a constraint on the number of l rail cars that can be allowed on its site at any one time, which affects both l health and safety and operational flexibility.

l The petition was noticed in the Federol Reoister on February 22, 1993 (58 FR 9552). Two comments were received. One, in general, supported the petition. The other commented that the intent of the petition was to attempt to avoid being regulated by NRC and to shift the tasks of criticality analysis and safety evaluation from the prospective licensee to the regulating body.

, The staff is presently completing an evaluation of the petition. As part l of that evaluation the staff has explored a number of alternatives which I would be responsive to the substance of the petition. We will inform you of l

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t Mr. Johnny C. Graves RR.- 3 1996 I the results of our evaluation and response to the petition, when it has been completed.

If you have any questions, please contact me at (301) 415-33,e'or Dr. Stephen N. Salomon of my staff at (301) 415-2368.

Sincerely,

\

Onginaf 5;gnedBy l i R; CHARD L BANGART '

Richard L. Bangart, Director Office of State Programs  !

Enclosure:

As stated cc: William Sinclair, Director i I

Division of Radiation Control Utah Department of Environmental Quality '

l Distribution:

DIR (55312) DCD SP03 i

l RLBangart l PHLohaus (PDR YES_/ N0_)

! SNSalomon SCDroggitis LSPerson, LLDP RANelson, LLDP MFWeber, LLDP FXCameron, OSP JHornor, RSA0, WCFO-RIV DKunihiro, RSLO, WCFO-RIV  ;

CHackney, RSLO, RIV

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Low Level Waste file Special Nuclear Material file Tennessee file DOCUMENT NAME: G:\SNS\SNMTN2.SNS f#

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OFFICE LLDP y >l OSP $n$ [ E OSP:0Q64 OCG A,$as [

NAME SSalomon:gd MWeber OSP:D 0 4 DATE PLohaus V"W FCameron RBangrt / ~'

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! oft'ENV1RUCARE oEurAH.mc. orrwn .%sw -

g g{t4E $%$8 ALTERNATIVE T EV -6 A9 :20 October 21, 1992 Executive Director for Operations l

U. S. Nuclear Regulatory Commission

! Washington, DC 20555

Dear Sir:

l This to request that the U. S. Nuclear Regulatory Co==ission ,

l include in 10 CFR 150.10 a further category of persons exempt, or

issue such other waiver as appropriate.

At the present time, many facilities which have handled some form of special nuclear nuterial, and which are now contaminated with low concentrations of the material used, are being required to remediate the premises. The process of remediation generates large quantities of very low specific activity waste material, both soil l

and debris. Transport, storage and disposal of this waste material involves large volumes of bulk wastes which can contain many times the amount of special nuclear material defined in 10 CFR 150.11 as  :

d Critical mass. However, the mass concentrations may be as low as

! 0.0004 percent. Even at these very low concentrations, a bulk rail l car or large container can exceed the 350-gram lituit for U-235.

l 1 The presence of higher concentrations requires shipping smaller amounts of material so that less than 350 grams is recalved at any one time. On-site storage pending final disposal is complicated in the same way. The ultimate effect is to create a bottleneck which j greatly slows the process of remediation while serving no useful end.

l It seems clear that the quantity limitation on possession of t special nuclear material serves the purpose of preventing the accumulation of material which could inadvertently, or through l

j purposeful actions, be sufficient to cause a critical reaction. In the case of waste material containing diffuse special nuclear material destined for disposal, no accidental or purposeful acts could cause such an event. This seems to be generally acknowledged i within the U. S. Nuclear Regulatory Commission, but existing i

regulations, drafted before the advent of current remediation efforts, prevent an application of this reality to the handling and l

possession of such vastes.

This petition, then, is to request that those persons l

generating or disposing of very low specific activity wastes l

contaminated with special nuclear materials and not capable of j forming a critical reaction be exempt from the posses.sion limits of this or other parts.

l 008221 too i  %.(g/j5i i-CO 215 So STATE STREET

• SUITE I160

• SALT LAKE CITY. UTAH Still* TELEPHONE (801) 532-1330 y#3o3gg4omp

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October 21, 1992 ~ '

U. S. Nuclear Regulatory commission t

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l Your consideration of this request is greatly appreciated. l Please contact me at the address below or at (801)S32-1330 if you l l have any questions or comments.,

Sincerely,  ;

N'*f f. f:zhls*GL-Vernon E. Andrews

! Corporate Radiation  ;

Safety Officer cc: Mr. Dane Finerfrock .

Utah Division of Rodiation Contro' l

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UNITED STATES NUCLEAR REGULATORY COMMISSION

(  ! WASHINGTON, D.C. 20555-0001 January 7, 1997 l M  %, . . . . p' fg 1

MEMORANDUM T0: Chairman Jackson FP2 a l Commissioner Rogers Commissioner Dicus a/] 4 /4 Commissioner Diaz Commissioner McGaffigan h

FROM: Hugh L. Thompson, Jr. -

/

Acting Executive Director far Operations l

(

SUBJECT:

RECENT INFORMATION ON ENVIR0:ARE OF UTAH AND STATE OF UTAH l Several news stories have recently appeared concerning payments made by the owner of Envirocare of Utah (Envirocare) to a former State of Utah official.

In addition to being licensed by Utah for disposal of naturally occurring radioactive waste (NORM), low-level radioactive waste, and mixed waste, l Envirocare holds a Nuclear Regulatory Commission license to dispose of lle.(2) byprode-t material at its facility in Clive, Utah. Attached fer Commission information are copies of several news stories and filings by the former Utah official and Envirocare in a private lawsuit. Also attached is a document providing background information on Envirocara.

The staff is continuing to gather public?y available information, and will forward to the Commission any new, significant information. Attachment I contains copies of the news stories, Attachment 2 provides the filings by the former Utah official and Envirocare, and Attachment 3 is a document providing background information on Envirocare. Staff has requested that NRC be informed of any areas identified by litah Division of Radiation Control where the Envirocare licensing review may have been compromised by the former State of Utah official. The State of Utah is adively reviewing the Envirocare license renewal application and will provide draft license review documentation to NRC for evaluation if requested. In addition, the staff is currently looking at the Envirocare license application and staff review of that application. The purpose of that evaluation is to determine to what l extent, if any, the staff relied on the State of Utah in the NRC licensing l action, and what impacts that could have on the NRC licensed activities. The i staff will inform the Commission if any significant issues are identified from the evaluation.

l Attachments: As stated cc: SECY OGC l OCA OPA CONTACT: Joseph J. Holonich, NMSS/DWH/ URB 415-7238 hh@Jf f -

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• MEMORANDUM 10:

Chairmen Jackson

( Commissioner Rogers Commissioner Dicus i Commissioner Diaz

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! Commissioner McGaffigan / .

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. 'Gnca, w, l FROM: Hugh L. Thompson, Jr. i Acting Executive Director for Operations l

SUBJECT:

RECENT INFORMATION ON ENVIR0 CARE OF UTAH AND THE STATE OF UTAH I

Several news stories hava recently appeared concerni% poyments made by the owner of Envirocare of Utah (Envirocare) to a former State of Utah official.

In addition to being licensed by Utah for disposal of naturally occurring  !

radioactive waste (NORM), low-level radioactive waste, and mixed waste, i Envirocare holds a Nuclear Regulatory Commission license to dispose of lle.(2) l byproduct material at its facility in Clive, Utah. Attached for Commission information are copies of several news stories and filings by the former Utah official and Envirocare in a private lawsuit. Also attached is a document providing background information on Envirocare. l The staff is continuing to gather publicly available information, and will i forward to the Commission any new, significant information. Attachment I contains copies of the news stories, Attachment 2 provides the filings by the former Utah official and Envirocare, and Attachment 3 is a document providing background information on Envirocare. Staff has requested that NRC be informed of any areas identified by Utah Division of Radiation Control where the Envirocare licensing review may have been compromi:,ed by the former State of Utah official. The State of Utah is actively reviewing the Envirocare license renewal application and will provide draft license review i documentation to NRC for evaluation if requested. In addition, the staff is currently looking at the Envirocare license application and staff review of that application. The purpose of that evaluation is to determine to what extent, if any, the staff relied on the State of Utah h the NRC licensing action, and what impacts that could have on the NRC licensed activities. The staff will inform the Commission if any significant issues are identified from the evaluation.

Attachments: As stated cc: SECY, 0GC, OCA, OPA .

DISTRIBUTION:(w/ encl.) File Center NMSS r/f URB r/f DIR r/f JSurmeier CCain (RIV) HThompson JTaylor E00 r/f DWM r/f ,-

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HFederline JGreeves HLefevre JKennedy RFortuna, 01 CWReamer, 0GC DOCUMENT NAME: S:\DWM\ URB \JJH\ENV0CM OFC URB TECH ED URB DWM NAME MFliegel EKraus JHolonich JTGreeves DATE 01/ /97 01/ /97 01/ /97 01/ /97 0FC NMSS NMSS EDO A ED0//#

NAME Knapp CPaperiello HThhon JThlN l DATE 01/ /97 01/ /97 01/.JPW 01/ 97 0FC OSP l NAME RBangart DATE 01/ /97 0FFICIAL RECORD COPY h ( h h )f