ML081850582

NYSERDA, June 18, 2008 Letter Regarding Unauthorized Entry Onto the Western New York Nuclear Service Center Property

ML081850582
Person / Time
Site:	West Valley Demonstration Project, P00M-032
Issue date:	06/18/2008
From:	Attridge T State of NY, Energy Research & Development Authority
To:	Rauch J - No Known Affiliation, NRC/FSME/DWMEP
References
Download: ML081850582 (2)

Text

NYSEIRDA New York State Energy Research and Development Authority Vincent A. Delorio, Esq., Chairman Toll Free: 1 (866) NYSERDA www.nyserda.org

• info@nyserda.org June 18, 2008 Mr. James Rauch 73 Koster Row Snyder, NY 14226

SUBJECT:

Unauthorized Entry onto the Western New York Nuclear Service Center Property

Dear Mr. Rauch:

This letter serves as a follow-up to our recent telephone conversations (May 29 and 30, 2008).regarding your unauthorized entries onto the Western New York Nuclear Service Center (Center) property to photograph erosion features on both Buttermilk and Frank's Creeks. Although you willingly ignored boundary fencing and posted signs, twice within the last year, NYSERDA has determined not to prosecute you for trespassing.

Historically, contaminated sediments and "hot spots" have been found in the area of Frank's Creek where you were walking. This is also the area where contaminated water from the North Plateau Groundwater Plume flows from the West Valley Demonstration Project premises to the Retained Premises. Because we cannot guarantee that the stream sediment isn't contaminated, our own safety procedures advise all visitors to avoid the stream channel (Frank's Creek) when touring the area. We are willing to escort you (or anyone else who asks) to any non-Project area on the 3,185 acres to take photographs. Had you made such a request, a NYSERDA escort would have accompanied you and warned you of potential areas of contamination.

During our May 30, 2008 telephone conversation, as a safety check, I offered to have the boots (waders) you were wearing as well as the vehicle you were driving (the day you walked in Franks Creek) surveyed for potential radioactive contamination. You provided the following responses to my offer:

• You were in the Frank's Creek area last summer, not during your recent hike to the Buttermilk Creek erosion area.

• You had wrapped the boots (waders) in a plastic bag prior to driving home from the Center.

• When you arrived home, you scrubbed the boots (waders) with a brush using warm water and detergent.

• Due to all these factors, you do not believe there is any possibility for radioactive contamination on your boots (waders) or in the vehicle you were driving.

• You declined my offer to have your boots surveyed for radioactivity.

Assuming your responses are accurate, NYSERDA is in agreement that little possibility exists for residual radioactive contamination to remain on your boots (waders) or in your vehicle.

THA/08amd03O.tha Main Office West Valley Site New York City Buffalo Albany Management Program 485 Seventh Ave., Suite 1006 Larkin at Exchange Building 17 Columbia Circle 10282 Rock Springs Road New York, NY 10018 726 Exchange Street, Suite 821 Albany, NY 12203-6399 West Valley, NY 14171-9799 Phone: (212) 971-5342 Buffalo, New York 14210 Toll Free: 1 (866) NYSERDA Phone: (716) 942-9960 Fax: (212) 971-5349 Phone: (716) 842-1522 Phone: (518) 862-1090 Fax: (716) 942-9961 Fax: (716) 842-0156 Fax: (518) 862-1091

Mr. James Rauch Page 2 June 18, 2008 As discussed, NYSERDA will not be filing criminal charges against you for your recent actions. We have, however, alerted the U.S. Department of Energy and the on-site security personnel of your actions. We have informed them that any future unauthorized entries onto the Center by you are to be treated as criminal trespass.

Sincerely, WEST VALLEY SITE MANAGEMENT PROGRAM Thomas H. Attridge, Program Manager SDA and Retained Premises

/amd cc: P. J. Bembia, NYSERDA-WV H. Brodie, NYSERDA-Albany D. A. Munro, NYSERDA-Albany B. C. Bower, DOE-WVDP C. J. Eckert, DOE-WVDP A. H. Konetzni, Jr., WVES R. D. Love, WVES-Security File #10608-0000