ML060750730

Westinghouse Electric Company, LLC and Viacom Inc., Case 16V 192 0093702, American Arbitration Association, NRC File No. TR-04-123

ML060750730
Person / Time
Site:	Waltz Mill, 07000698
Issue date:	03/17/2006
From:	Charemagne Grimes NRC/NRR/ADRA/DPR
To:	Rich Smith CBS Corp
Isaac P, NRR/ADRA/DPR/PRT, 301-415-1019
References
16V 192 0093702 TR-04-12
Download: ML060750730 (10)

Text

March 17, 2006Mr. Richard Smith, Vice PresidentEnvironmental Remediation CBS Corporation 11 Stanwix Street Pittsburgh, PA 15222RE: Westinghouse Electric Company, LLC and Viacom Inc., Case 16V 192 0093702American Arbitration Association NRC File No. TR-04-12

Dear Mr. Smith:

An October 8, 2004 letter to the NRC from attorneys representing Westinghouse ElectricCompany, LLC (Westinghouse) and Viacom, Inc. (Viacom) contained a joint request for an NRC response to two questions developed in the course of the above-named proceedinginvolving a commercial dispute at the 85-acre site near Pittsburgh, Pennsylvania known as the Waltz Mill Service Center (Waltz Mill). In that proceeding, the Arbitration Panel's Initial Arbitration Opinion and Order directedWestinghouse and Viacom attorneys to jointly seek the response of the U.S. Nuclear Regulatory Commission (NRC) to two questions: whether the decommissioning of theWestinghouse Test Reactor had been satisfactorily completed (and if not, what further remediation remained); and whether the remediation associated with the Special NuclearMaterial License had been satisfactorily completed (and if not, what further remediation remained). The NRC provided its answers to these two questions to Westinghouse andViacom attorneys in an attachment to a letter dated March 17, 2006. I have attached to this letter a document entitled "Path Forward." It gives additional informationnecessary to effect both the transfer of residual radioactive materials onto the NRC's SpecialNuclear Material License SNM-770 and the completion of the license termination at the Westinghouse Test Reactor under the currently approved Remediation Plan and Decommissioning Plan, respectively. It also addresses other areas of concern related to these two licenses. A similar cover letter and attachment, with appropriate contact information, has been sent to your counterpart at Westinghouse.

Mr. Richard Smith March 17, 2006If you have any questions regarding the information contained in this attachment, pleasecontact Patrick Isaac at (301) 415-1019.Sincerely,/RA/

Christopher I. GrimesDirector, Policy and Rulemaking Office of Nuclear Reactor RegulationDocket Nos:50-22,70-698

Attachment:

As stated

ML060750730DOCUMENT NAME: G:\ADRA\DPR\PRTA\ISAAC\WESTINGHOUSEdraftletter to smith.wpd Publicly Available G Non-Publicly Available G Sensitive G Non-SensitiveOFFICERegion IRegion IRegion INRRNRRNAMEM.RobertsM. MillerG. PangburnP. IsaacC. GrimesDATE 3/16/2006 3/16/2006 3/16/2006 3/09/2006 3/09/2006OFFICENMSSNMSSNMSSOGC/LCOGC/LCNAMED. WidmeyerA. PersinkoD. GillenG. FehstJ. Cordes DATE 3/10/2006 3/13/2006 3/14/2006 3/16/20063/16/2006 cc:John Cordes, Gerri Fehst, Geary Mizuno - OGC Marie Miller, Mark Roberts, George Pangburn - Region IPatrick Isaac, Chris Grimes - NRR Drew Persinko, Nick Orlando, Dan Gillen - NMSSDerek Widmayer - ACNW 1 Items also under consideration by the NRC are: Viacom's October 29, 2002application for an Order to terminate the Part 50 TR-2 License and to declare Viacom's obligations to decommission the WTR completed except for the actions requiring the cooperation of Westinghouse; the NRC's subsequent RAI and Viacom response to the RAI; the November 4, 2003 Viacom Report; Viacom's December 9, 2003 request to remove the Waltz Mill Site from the SDMP List; the February 17, 2004 Westinghouse submittal containingrevisions to the radiological status report in the Viacom Report; Viacom's March 8, 2004 submittal of three reports (Groundwater Monitoring and Remediation Program; SummaryReport, Current Condition of the Process Drain Line; and Waltz Mill Facility SNM-770 RetiredFacilities Radiological Status Report). 2 April 22, 2004 letter from NRC's Ronald Bellamy to CBS/Viacom's Richard K. Smith. PATH FORWARDBased on the approved TR-2 Decommissioning Plan (DP) and the SNM-770 Remediation Plan (RP), the following path forward addresses the steps necessary to complete the Decommissioning Plan and the transfer of materials to the SNM-770 License, and also addresses other areas of concern related to these two licenses.

1 (1) Because the Westinghouse Test Reactor (WTR) reactor component and equipmentremoval actions required by the TR-2 DP are complete, the next regulatory action the NRC expects is receipt of the application for an amendment to the SNM-770 License for the transfer of any residual radioactive material remaining in the WTR facilities. The application for anamendment to the SNM-770 License must be submitted by Westinghouse.

2(2) NRC will conduct an acceptance review of the Westinghouse application. Oncefound acceptable, NRC will review the Westinghouse license amendment application to accepttransfer of any residual radioactive material remaining in the WTR facilities to the SNM-770License. Approval of the application may require Westinghouse to respond to one or more requests for additional information (RAIs). (Guidance for this license amendment application can be found in the next section of this attachment). (3) The Westinghouse application must include an estimate of the types and quantitiesof radioactive materials so that these quantities can be delineated in the amended SNM-770 License, The NRC will review the documentation already submitted by Viacom in support of termination of the TR-2 License (Viacom Report). If additional information is necessary to complete its review, NRC may require Viacom to respond to one or more RAIs.(4) Upon completion of its review, NRC will issue an amendment to the SNM-770License to include the WTR facilities and structures, and to approve the revisions to the SNM-770 RP. (5) NRC will terminate the TR-2 License. NRC will issue a Notice of Terminationsupported by a Safety Evaluation Report documenting its conclusion that the requirements fortermination of a non-power reactor at 10 CFR §50.82(b)(6) have been satisfied. (Guidance for this license termination procedure can be found in the next section of this attachment). (6) NRC will consider removing the Westinghouse-Waltz Mill facility from the list of 3 NRC has eliminated the Site Decommissioning Management Plan (SDMP) Action Planand no longer tracks sites under the SDMP nomenclature. The Westinghouse-Waltz Mill Site isnow managed under NRC's Comprehensive Decommissioning Program; completion ofremediation at the site would potentially make it eligible to be removed from that Program.

4 The objectives of the SNM-770 RP are listed in Section 1.2 of the RP. Objective 1states, "Remediate soils to a condition which targets a 15 mrem/yr dose from applicable pathways, as demonstrated by the RESRAD computer model." This objective has been revised and replaced in accordance with the objectives of the "Revised Soil Plan," submitted by Westinghouse to NRC in an August 9, 1999 letter and approved by NRC on January 19, 2000. Objective 2 states, "Remediate retired facilities to radiological levels which would not require the application of radiation protection controls for high radiation areas or airborneradioactive material areas

." This objective has been revised and replaced in accordance withthe objectives of the June 19, 1998 letter titled Submittal of Additional Information to SupportApplication for Approval of Remediation Plan and approved by NRC on August 21, 1998. Thus,removal of the Waltz Mill facility from the list of Complex Decommissioning Sites can be accomplished when all "retired facilities" and "soil areas" have been remediated in accordancewith all commitments in both the TR-2 DP and SNM-770 RP, as amended.

5 See Section 1.4, "Administration of the Remediation Plan,"

SNM-770 RP, p. 1-2.

6 For example, the NRC reviewed the August 9, 1999 Revised Soil Plan and approved iton January 19, 2000.

7 SNM-770 RP, section 2.1.3.4, "Demolition and Component Removal," p. 2-19.

8 Criteria are in a June 19, 1998 letter from Westinghouse's A. Joseph Nardi to NRC'sMarie Miller, and approved by the NRC in an August 21, 1998 letter from NRC's Mark C.Roberts to Nardi. Complex Decommissioning Sites 3 once the objectives of the SNM-770 RP have beenaccomplished.

4Guidance On SNM-770 License Amendment ApplicationIn the SNM-770 RP, 5 NRC approved a process whereby detailed work procedures foreach remediation activity would be evaluated to assess consistency with the generalized remediation methods described in the RP. If necessary, the licensee was to seek NRC approval prior to performance of work. This approach has resulted in reviews of specific remediation procedures by the NRC of the soils, groundwater, and certain facilities andstructures associated with the SNM-770 RP.

6 For any further remediation of WTR structuresand materials transferred to the SNM-770 License, this same approach is acceptable. An entirely new SNM-770 RP is unnecessary if demolition and removal of equipment and buildingsis proposed as part of the further remediation because such activity would be consistent with the objectives and requirements approved in the SNM-770 RP.

7 This application should include the plans and costs for remediation of the structures,materials, and equipment transferred from the TR-2 License to meet the criteria for "retired facilities" as approved under the SNM-770 RP.

8 The application should also include the plans The criteria are:

a) Criteria Applicable to Inactive Restricted Areas Which May Be Used For Future Licensed Activities Within Buildings That Are Used for Other Principal Licensed ActivitiesSurfaces or equipment within buildings that are being remediated from inactive (retired) areas to restricted areaswhich may be used for future use under the license will bedecontaminated to levels which do not exceed four timesthe unrestricted release criteria for total contamination(fixed plus removable) specified in Section 10.6.1(f) of thelicense application. The criteria for removablecontamination will be consistent with the limits specified inSection 10.6.1(f) of the license application.A reasonable effort shall be made to remove inactive (nopotential for future use) contaminated pipes, drain lines, or ductwork within these areas. If complete removal is impractical or a future licensed use is feasible, the interiorsurfaces will be cleaned to the extent reasonablyachievable. The final criteria will be established on a caseby case basis, justified using an ALARA approach, and approved by the Radiation Safety Officer and, in certaincases, the Radiation Safety Committee. . . .These areas will continue to be maintained as restrictedareas under the license until released for unrestricted use inaccordance with the criteria specified in b) below. b) Criteria Applicable to Inactive Areas Which Will Not Be Used for Future Licensed ActivitiesAreas within buildings and separate buildings that are being converted over from inactive (retired) areas to unrestricted areas within the controlled areas of the Waltz Mill Site will be decontaminated to levels which do not exceed the unrestricted release criteria specified in Section 10.6.1(f) of the license application. . . .

9For example, in the December 3, 2004 letter from Wetterhahn and Murphy, Counsel forWestinghouse, to NRC's John Cordes.

10 The February 17, 2004 letter from Westinghouse to NRC states that two reportspreviously submitted by Viacom with its December 9, 2003 letter can be accepted as if submitted by Westinghouse (with changes shown in the attachment to the letter). The Westinghouse application should reinforce this position and reference any other documents submitted by Viacom, as appropriate. and costs for remediation of "soil areas" that are listed in the SNM-770 RP for which insufficientremediation has been accomplished (as identified by Westinghouse), 9 and any other specificstructure or equipment (e.g., Process Drain Line) listed in Table 2-1 for which insufficient remediation has been accomplished. Additionally, any changes and/or additions to the facilities, structures, and soil areas listed in Table 2-1 that require remediation to meet theobjectives of the SNM-770 RP should be included with information on their remediation.

Guidance for preparation of the license amendment can be found in NUREG-1757,Consolidated NMSS Decommissioning Guidance. see www.nrc.gov/reading-rm/doc-collections/nuregs/staff/sr1757.

The application for an amendment should also include: changes to the descriptions ofremedial activities in the SNM-770 Plan, if necessary; the details of specific remedial work procedures like those that have been submitted separately for NRC approval of work that is notconsistent with the descriptions in the RP; proposed changes to any methodologies approved by the NRC in the SNM-770 RP, or supplemental documents, and management and disposal ofradioactive waste generated by the work procedures. The application must also address how the financial assurance requirements of 10 CFR

§70.25 will be satisfied, taking into account the material transferred from the TR-2 License. NRC anticipates that the license amendment application would address areas ofuncertainty that have been discussed in the Arbitration Panel's Initial Opinion and Order, such as the future uses of the facilities/structures, the schedule for finishing the decommissioning,and the methods to be employed to complete remediation (e.g., if demolition of buildings and structures will be used). The Westinghouse license amendment application should include, by reference, any orall of the data and information contained in any Viacom transmittals as determined by Westinghouse to support the application.

10 Guidance On TR-2 License TerminationAs previously discussed, Viacom has already requested termination of the TR-2 11 October 29, 2002 Viacom application for an Order to terminate the Part 50 TR-2Plan. 12 August 26, 2003, letter from NRC's Patrick Isaac to CBS/Viacom's Richard K. Smithand the November 12, 2003 letter from Smith to Isaac.

1310 CFR §50.82(b)(6)(i).

14 The LTR, which can be found at 10 CFR Part 20, subpart E, is incorporated byreference in10 CFR §50.82(b)(6)(ii).

15 Viacom's November 4, 2003 Westinghouse Test Reactor Licensed FacilitiesRadiological Status Report. 16 May 26, 1999 letter from NRC's Ronald Bellamy to Westinghouse's Nardi. License, 11 and the NRC and Viacom have exchanged letters 12 regarding this request. The NRCwill terminate the TR-2 License when: 1) the amendment to the SNM-770 License is issued(there must not be any period of time that the radioactive materials remaining in the WTR are not under an NRC license); and 2) when NRC's license termination requirements for non-powerreactors have been satisfied. These termination requirements, found at 10 CFR 50.82(b)(6),

provide that the Commission may terminate a non-power reactor license after finding that thedecommissioning has been performed in accordance with the approved decommissioning plan;13 and that the terminal radiation survey and associated documentation demonstrate thatthe facility and site are suitable for release under the criteria for decommissioning in theLicense Termination Rule (LTR).

14To support its TR-2 License termination request, Viacom submitted a report to the NRC(Viacom Report).

15 The NRC has not reviewed the Viacom Report in detail, but is prepared toreview it in the context of a license amendment proceeding for transfer of the residual radioactive material, as described in Path Forward, Step 3. Until the data in the Viacom Report has been reviewed in depth, NRC cannot state withcertainty that the Viacom Report provides sufficient documentation to complete the transfer ofresidual radioactive material to the SNM-770 License; Viacom may need to provide additional technical information - as well as any other additional information NRC may require - tosupport the transfer.Meeting the License Termination Rule Requirements LTR requirements involve radiation surveys and supporting documentation to meetcertain prescribed dose calculations. As stated before, the NRC must concl ude that therequirements of the LTR at 10 CFR 50.82(b)(6)(ii) have been satisfied in order to terminate the TR-2 License. In accordance with the commitments in place concerning the TR-2 DP and the SNM-770 RP, Westinghouse has agreed to meet the LTR requirements at the Waltz Mill site forall of the residual materials connected with operations (including the materials transferred from the TR-2 License) when it seeks license termination after all activity has ceased at the site.

16 Therefore, in order to terminate the TR-2 License and implement the current commitment tomeet the LTR at a later time, NRC would issue an exemption to 10 CFR 50.82(b)(6)(ii) in accordance with Section 50.12, document this exemption in the SER supporting the TR-2 License termination, and include appropriate conditions in the amended SNM-770 License that assures the preservation of this commitment for the residual materials transferred from the TR-2 License. This exemption request must be submitted either jointly by the two parties orsubmitted by Viacom with concurrence or an affidavit from Westinghouse that they are willing toaccept the facility in the condition as left.