ML20211N378

Responds to Questions Re SECY-97-188, Formerly Licensed Sites Identified for Further Investigation in Agreement States

ML20211N378
Person / Time
Issue date:	10/03/1997
From:	Callan L NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To:	Dicus G NRC COMMISSION (OCM)
References
REF-WM-3 SECY-97-188-C, NUDOCS 9710160102
Download: ML20211N378 (13)

Text

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'a UNITED STATES g

,j NUCLEAR REGULATORY COMMISSION 1

f WASHINGTON, D.C. 306 6-0001

• • • • • ,/

't October 3, 1997 MEMORANDUM TO:

Commissioner Dieus FROM:

L. Joseph Callan

[

Executive Director fgperations

SUBJECT:

RESPONSE TO COMMISSIONER DICUS' QUESTIONS ON FORMERLY LICENSED SITES IN AGREEMENT STATES The purpose of this memorandum is to respond to four questions received from your office regarding SECY-97-188, "Formerly Licensed Sites identified for Further Investigation in Agreement States.' A restatement of the questions and the responses are presented below.

Question 1:

How many formerly licensed sites did not meet the release standards in effect at the time of the license termination?

Resoonsg Documentation is so poor that the staff is not able to enswer this question. The majority of license files identified for follow up do not indicate what rel.1ase mndards were used to terminate the license.

Although the records do not identify the release criteria that were applied, the staff believes that

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the dose limits in the old 10 CFR Part 20, such as 500 millirems per year or 2 millirems per hour for members of the public, may have played a role in decisions to release some sites.

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Guidance on surface contamination may have also been applied, but the specific limits are not documented in the files. In addition,10 CFR Section 20.304, rescinded in 1981, allowed burials /Q of small quantities of radioactive material without a dose assessment or Nuclear Regulatory Y

Commission approval.

b lLj g, CONTACT:

John T. Buckley, NMSS (301) 415-6607

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9710160102 971003 PDR COMMS Nf!CC CORRESPONDENCE PDR l.l.liI.l lli1ll 1.1lll1ll sa m.w ghh

The Commissioners 2

Oak Ridge National Laboratory (ORNL) identified 636 loose material licenbes terminated before 1985, and approximately 35 loose material licenses terminated after 1985, which required further investigationi Of these, approximately 450 licenses were found to be properly decommissioned; 34 sites (all licenses released before 1985) were found to be contaminated,-

based on current release criteria identified in NRC's ' Action Plan to Ensure Timely Remediation of Sites Listed in the Site Decommissioning Management Plan"; and 152 still require additional

review, Question 2:

What were the reasons; e.g., inadequate surveys by the licensee, inadequate confirmatory surveys by the NRC?

Response.

In all cases identifieH:1 for follow up, the licensee possessed significant quantities of loose material, and there is inadequate documentation of licensee and/or NRC closeout surveys.

Therefore, it is not known whether the surveys were adequate or not.

Question 3:

What is the status of the States' actions with respect to sites identified by NRC to the States?

Renoonse:

The attachment presents the number of sites identified by ORNL in Agreement States and the number of sites that have been dispositioned by the Agreement States, in most cases, progress is dictated by available resources. In addition, Califomia has raised e legal issue regarding whether NRC is responsible for follow-up. This issue was addressed in a Commission memorandum from OGC dated, August 20,1997, Question 4:

What are the health and safety hazards associated with the sites identified by NRC to the States?

Response

For cases involving excessive contamination, there may be a long-term radiation hazard associated with workers and residents occupying areas contaminated with radioactive material.

The staff does not believe that any of the 34 contaminated sites identified for follow up y

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The Commissioners 3

constitute an immediate health hazard; that is, a situation where current use and occupancy are exposing persons to radioactive contamination which may cause doses exceeding 100 millirems per year,

Attachment:

Terminated License Sitec in Agreement States cc:

Chairman Jackson Commissioner Diaz Commissioner McGaffigan SECY CIO i

OGC CFO OCA OPA DISTRIBUTION:

Central File DWM r/f-t/f NMSS r/f CPoland PUBLIC MFederlineLLDP r/f EDO r/f NMSS DO r/f PTressler OSP EDO r/f RBangart DOCUMENT NAME:6.1/S:\\dwm\\lidp\\jtb\\dicus

• see previous concurrence 9/ /97 OFC LLDP LLDP LLDP TEd.

OSP OGC DWM NAME JBuckley*

LBell*

JHickey*

EKraus*

RBangart*

HNewsome*

JGreeves*

DATE 9/22/97 9/22/97 10/02/97 9/22/97 9/23/97 9

mus/26/97 9/26/97 muumummus z:.

niinsummmmmmmumummuununume numnummusumsmanuseummunerum umummmmmnumsmuumummmunesu OFC NMSS EDh,g '

NAMF.

CPaperiello LJ rk DATE 10/2/97 10/ 3 /97 OFFICIAL RECORD COPY LSS:YES _ NO _

ACNW: YES _ NO _

PDR: YES NO IG : YES _ NO _

Delete file after distribution: Yes _ No _

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The Commissioners 3

constitute en immediate health hazard; that is, a situation where current use and occupancy are exposing persons to radioactive contamination whicli may cause doses exceeding 100 millirems per year, i

l Attachment. Terminated License Sites i

in Agreement States cc:

Chairman Jackson Commissioner Diaz Commissioner McGaffigan

.SECY CIO i

OGC CFO OCA OPA a

i s

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TERMINATED LICENSE SITES IN AF 1EMENT STATES (UPDATED 9/18/97)

Agreement State Sites Sites Sites Sealed Sealed Sealed identified Closed Review Sources Sources Sources by ORNL Pending identified Closed Pending by ORNL Region i

1. Maine 2

2 0

1 1

0

2. Maryland 31 31 0

14 7

7

3. Mass.

49 49 0

17 17 0

4. New Hampshire 1

1 0

0 0

0

5. New York 36 26 10 37 18 19 4

6. Rhode lstand 4

4 0

4 4

0 2

Region ll l

7. Alabama 3

2 1

14 10 4

8. Florida 3

2 1

5 2

3

9. Georgia 3

3 0

2 0

2

10. Kentucky 3

1 2

5 3

2

11. Mississippi 0

0 0

4 3

1

12. North Carolina 2

2 0

3 0

3

13. South Carolina 3

3 0

1 0

1

14. Tennessee 9

6 3

10 0

10 Region lli

15. Ilinois 35 34 1

22 22 0

4

16. lowa 0

0 0

3 3

0 Attachment

TERMINATED LICENSE SITES IN AGREEMENT STATES (UPDATED 9/18/97)

Agreement State Sites Sites Sites Sealed Sealed Sealed identified Closed Review Sources Sources Sources by ORNL Pending identified Closed Pending by ORNL Region IV

17. Arizona 4

0 4

1 0

1

18. Arkansas 1

1 0

5 4

1

19. California 95 55 40 43 27 16

20. Colorado 13 9

4 5

0 5

21. Kansas 6

0 0

5 0

5

22. Louisianna 1

0 1

1 0

1 4

23. Nebraska 2

1 1

1 1

0

24. New Mexico 6

6 0

5 2

3

25. Nevada 4

2 2

4 2

2

26. North Dakota 3

3 0

1 0

1

27. Oregon 2

2 0

2 2

0

28. Texas 10 7

3 27 9

18

29. Utah 6

4 2

5 3

2

30. Washington 6

6 0

7 5

2 i

2 Attachment

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4 constitute an immediate health hazard; that is, a situation where current use and occupancy are exposing persons to radioactive ^ contamination which may cause doses exceeding 100 -

millirems per year,

Attachment:

Terminated License Sites in Agreement States i

cc:

SECY CIO OGC CFO i

OCA OPA RISTRIBUTION:

Central File DWM r/f-t/f NMSS r/f CPoland PUBLIC MFederline LLDP r/f EDO r/f NMSS DO r/f PTressler OSP EDO r/f RBangart DOCUMENT NAME:6.1/S:\\dwm\\lldp\\jtb\\dicus

• see previous concurrence 9/ /97 OFC LLDP LLDP LLDP b

TEd.

OSP OGC DWM JKhV*

NAME JBuckley*

LBell*

EKraus*

RBangart*

HNewsome*

JGreeves*

DATE 9/22/97 9/22/97 koYO2/97 9/22/97 9/23/97 9/26/97 9/26/97 mumummmumummmmmmmme mumusummmmuumsummmmmmanumnummmmmuammmusummum us

- muumumummmmunsa OFC NM EDO NAME CPapenello LJCallane DATE 10/ l'/97 10/3 /97 OFFICIAL RECORD COPY LSS:YES _ NO _

ACNW: YES _ NO _

PDR: YES NO IG : YES _ NO _

Delete file after distribution: Yes _ No _

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The Commissioners 3

constituto arilmmediate health h5zard; that is, a situation where current use and occupancy are exposing persons to radioactive contamination which may cause doses exceeding 100 millirems per year,

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Attachment:

Terminated License Sites'

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in Agreement States ' ~

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cc:

SECYg L.

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DISTRIBUTION:. ' CentralIile,

~ s. ;DWM r/f-t/f NMSS r/f CPoland PUBLIC 1MFederline'

, LLDP r/f EDO r/f NMSS DO r/f (b PTressler OSP.

RBangart*

DOCUMENT NAME:6.1/S:\\dwm\\lidp\\jtb\\dicus

• see previous concurrence 9/ /97 OFC DWM DWM DWM I

DWM TEd.

NMSS EDO t

NAME-JBuckley*

LBell*

JHfdIey*

JGreeves*

EKraus*

CPaperiello

/hh/97 DATE 9/22/97 9/22 /97 9/26/97 9/ /97 9/ /97 9/

/97 OFFICIAL RECORD COPY LSS ; YES._ NO _

ACNW: YES _ NO _

PDR: YES _ NO._

IG : YES _ NO _

Delete file after distribution: Yes _ No _

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The Commission:rs 2

Ouestion 2; What were the reasons; e g., inadeqaate surveys by the licensee, inadequate confirmatory

' surveys by the NRC7

Response, In all dases identified for follow-up, the licensee possessed significant quantities of loose material,'and there is inadequate documentation of licensee and/or NRC closeout surveys.

Therefore, it is not known whether the surveys were adequate or not.

N Question 3:

s What is the status f the States' actions with respect to sites identified by NRC to the States?

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Resoonse:

The attachment presents the number of sites identified by ORNL in Agreement States and the number of sites that have been dispositioned by the Agreement States, in most cases, progress is dictated by available resources, in addition, Califomia has raised a legal issue regarding whether NRC is responsible for follow-up. This issue was addressed in a Commission memorandum from OGC' dated, August 20,1997.

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Ouestion 4:

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What are the health and safety hazards associated with the sites identified by NRC to the l

States?

l Resoonse:

For cases involving excessive contamination, there may be a long-term radiation hazard associated with workers and residents occupying areas contaminated with radioactive material.

No case has yet been identified, including the 34 contaminated sites identified by NRC, where the contamination levels represent an immediate health hazard.

Attachment:

Terminated License Sites in Agreement States cc:

SECY OGC OCA CIO CFO OPA DISTRIBUTION:

Central File DWM r/f-t/f NMSS r/f CPoland PUBLIC Federline LLDP r/f EDO r/f NMSS DO r/f PTressler OSP RBangart*

DOCUMENT NAME:6.1/S:\\dwm\\lldp\\jtb\\dicus

• see previous concurrence 9/ /97 I

OFC DWM DWM DWM DWM TEd.

NMSS EDO NAME JBuckley*

LBell*

JHickey*

JGreiv7s EKraus*

CPaperiello DATE 9/22/97 9/22 /97 9/22 /97 9/w/97 9/ /97 9/ /97 9/

/97 OFFICIAL RECORD COPY gf.

LSS : YES _ NO _ ACNW: YES _ NO _

PDR: YES _ NO _

IG : YES _ NO _

Delete file after distribution: Yes _ No _

The Commissioners 2

4 Question 2:

-What were the reasons; e.g., inadequate surveys by the licensee, inadequate confirmatory

, survey.s by the NRC7 i

Response

In all cases identified for followup, the licensee possessed significant quantities of loose radioactive material, and there is inacequate documentation of licensee and/or NRC closeout surveys. Therefore, it is not known whether the surveys were adequate or not.

Question 3:

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What is the status of thd St tes' actions with respect to sites identified by NRC to the States?

Response

'N The Attachment presents the number of sites identified by ORNL in Agreement States and the number of sites which have been'dispositioned by the Agre6 nent Gtates. -In most cases, progress is dictated by available resources, in addition, California has raised a legal issue regarding whether NRC is responsibis for followup.

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Question 4:

'N What are the health and safety hazards associated with the sites identified by NRC to the States?

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Response

\\s For cases involving excessive contamination, there is a long-term radiation hazard associated with workers and residents occupying areas contaminated with radioactive material. No case has yet been identified where the contamination levels represent an immediate health hazard.

Attachment:

Status of Terminated Licenses

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in Agreement States cc:

SECY OGC OCA ClO CFO OPA

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DISTRIBUTION:

Central File DWM r/f-t/f NMSS r/f CPoland PUBLIC Federline LLD) r/f EDO r/f NMSS DO r/f PTressler OSP RBangart 9/ /97 DOCUMENT NAME:6.1/S:\\dwm\\11dp\\jtb\\dicus OFC DWk o DVE DWM E-D TEd.

NMSS EDO JBucYef LBIl Jdhkey NAME JGreeves EKraus CPaperiello DATE 9/h/97-9/$!9{

9/3 )/97 9/

/97 9/ /97 9/ /97 9/

/97 OFFICIAL RECORD COPY LSS:YES _ NO _ ACNVI: YES _ NO _

IG : YES _ NO _

Delete file after distribution: Yes _ No._

PDR:YES _ NO _

_ -.~._

The Commissi::ners 2

j.,

Question 2:

I' What were the reasons; e.g., inadequate surveys by the Feensee, inadequate confirmatory surveys by the NRC7

Response

N i

in all cases identified for follow up, the licensee possessed significant quantities of loose radioactive material, and there is inadequate documentation of licensee and/or NRC closeout i'

surveys. Therefore it is not known whether the surveys were adequate or not.

i Question 3:

4 What is the status of the S ates' actions with respect to sites Antified by NRC to the States?

N

Response

- The attachment presents the numbe[ of sites identified by ORNL in Agreement States and the number of sites that have been dispositioned by the Agreement States, in most cases, progress is dictated by available resou' rod. In addition, Califomia has raised a legalissue regarding whether NRC is responsible fo'r follow-up.

Question 4:

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What are the health and safety hazards associated with the sites identified by NRC to the l

States?

l-Resoonse:

i For cases involving excessive contamination, there is a long-term radiation hazard associated j

with workers and residents occupying areas contaminated with radioactive material.- No case

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has yet been identied, including the 34 contaminated sites ide'ntified by NRC, where the contamination levels represent an immediate health hazard. T 1

Attachment:

Termirated License Sites f

in Agreement States cc:

SECY OGC OCA b

SO [k [

CIO CFO OPA PUBLIC 316p l DISTRIBUTION' Central File DWM r/f t/f NMSS r/f CPoland L Federline LLDP r/f EDO r/f NMSS DO r/f PTressler 1

L OSP RBangart*

l DOCUMENT NAME:3.1/S:\\dwm\\lidpijtbidicus

'see previous concurrence 9/ /97 -

OFC DWM-DWM DWM DW'M TEd.

NMSS EDO-NAME JBuckley*

LBell*

JHickey*

JGreeves EKraus*

CPaperiello DATE 9/

/97 9/

/97 9/

/97 9/ - /97 9/ /97 9/ /97 9/- /97 OFFICIAL RECORD COPY

'LSS:YES=_ NO._

ACNW: YES _ NO _

IG : YES _ NO _

Delete file after distribution: Yes _ No _

PDR : YES _ NO _

i

vtULGEUfeE3nJ 2

o Question 2:

,g What were the reasons; e.g., inadequate surveys by the licensee, inadequate confirmatory surveys by the NRC7

Response

In all cases identified for followup, the license possessed significant quantities of loose radioactive material, and there is inadequate documentation of licensee and/or NRC closeout surveys. Therefore, it is not known whether the surveys were adequate or not.

4 N

i Question 3: 'N j-What is the status of the States' actions with respect to sites identriied by NRC to the States?

Response

\\

The Attachment presents the number of sites identified by ORNL in Agreement States and the l

number of sites which hav'e been diepositioned by the Agreement States. In most cases, j

progress is dictated by available resources. In addition, Califomia has raised a legal issue j

regsrding whether NRC is respe sible for followup.

f Question (*

What are the health and safety hazar associatsd with the sites identified by NRC to the States?

l l'

Response

q For cases involving excessive contamination, there is a long-term radiation hazard associated

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with workers and residents occupying areas cont'aginated with radioactive material. No case has yet been identified where the contamination levels represent an immediate health hazard.

i

Attachment:

Status of Terminated Licenses in Agreement Stat 3s cc.

SECY OGC OCA l

CIO CFO OPA DISTR!BUTION.

- Central File DWM r/f-t/f NMSS r/f CPoland PUBLIC Federlina LLD) r/f EDO r/f NMSS DO r/f Tressler i

O q

F 91 47 C

7- '

l' DOCUMENT NAME:6.1/S:Wwmiidp%bWicus

.y; OFC DWhd f DW

DWti, L

DWM TEd.

NMSS EDO 3

NAME JBuck Lh Jhkey JGreevec EKraus CPaperiello l

i -

,DATE 9/M/97 9/',8 /97 9/),/97 9/

/97 9/ /97. '

9/ 19 7 9/

/97 OFFICIAL RECORD COPY LSS : YES. _ NO _ - ACNW: YES _ NO _

]

. IG : YES _ NO _

Delete file after distribution: Yes _ No _

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PDR : YES. _ NO _

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Questen 2:

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What were the reap h.g., H%ete surveys by the licensee, inadequate conArmatory surveys tg to NRC j

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_ esponse in all cases identined for %, the ik:ensee poseeeeed significant quantnies ofloose radmeetive matenal, and there e inedequate documentaten of licenses and/or NRC closeout l

surveys. Therefore, it is not known whether the surveys wort adequate or not, i

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'Whatis the status of the States' i

l with respect to sites identified by NRC to y States?

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l Mpr the riumber of sAes ~

by ORNL in A0reement States and the number of since have been by the Agreement States. in meet oosee, pmgrees is ddated by available resources. Ifieddston, Cahfomia has raised a legal meue regardine whether NRC is responesbie for Q.

n,. _ _. 2 "What are the hesith and safety hazards associated with the sites ident$ed by NRC to tne States?

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or esses myohnng excessive conteminsbon, there is a long-term radiaton hazard maw j

with workers and reesdents occupying armes contaminated with radioactrve material No case has yet been identded where the contaminaten level represort en immodate heelth horare Attachment

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%*lPNn.g,L_eI"N' cc:

SECY OGC OCA CO CFO OPA l

DISIRIBUTION Central File DWM r# t#

NMSS r#

CPoland PUBLIC l

roderfine id> r#

EDOr#

NMSS DO r#

PTseselor i

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OSP RBengert Sf 197 DOCUMENT NAME:6.1/S:WwmWipWWcus OFC DM/

DE DWISA

i. DWM TE4 NMSS EDO NAME JBudik d

Jh JGeneves b CPaperiello

,DATE 9/$W 9fM/97 Sf),/97 9/ /97 M 9//97 9/ 197 omCIAL RECORD CCPY

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l.83:YES NO _. ACNW: YES NO,

10 : YES _ NO Delete me after distribution: Yes No._

POR : YES NO __

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