ML20236X357

Responds to Ltr Dtd 980709,requesting That NRC Amend Special Nuclear Matls License SNM-2001 for Bwx Technologies Shallow Land Disposal Area in Parks Township,Pa

ML20236X357
Person / Time
Site:	07003085
Issue date:	08/03/1998
From:	Jim Hickey NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
To:	Rosenthal P AFFILIATION NOT ASSIGNED
References
NUDOCS 9808070318
Download: ML20236X357 (3)

Text

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UNITED STATES s

j NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 2055H001

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August 3, 1998 Mr. Philip Rosenthal, Se.aior Project Manager BWX Technologies, Inc.

P.O. Box 11165 Lynchburg, VA 24506-1165

Dear Mr. Rosenthal:

I am writing in response to your letter dated July 9,1998, requesting that the U.S. Nuclear Regulatory Commission (NRC) amend Special Nuclear Materials license SNM-2001 for BWX Technologies' (BWXT) Shallow Land Disposal Area (SLDA) in Parks Township, PA.

In response to our guidance provided in my letter of May 11,1998, you requested that NRC delete condition 14a of SNM-2001, which requires BWXT to submit a decommissioning plan within six months of the publication of the NRC's Record of Decision (ROD) concerning the Environmental impact Statement for the SLDA, and replace it with a requirement to submit a decommissioning plan for the SLDA by December 6,2000. In our May 11,1998, letter, NRC requested that BWXT submit this amendment request, because the requirement to submit the decommissioning plan after the ROD has been published is not consistent with the requirements in NRC's License Termination Rule.

As discussed below, NRC staff has reviewed your request and concluded that BWXT has not provided sufficient justification in the request to allow the staff to approve your proposed dates for submitting the decommissioning plan for the facility.

The regulations provide the NRC staff with guidance regarding what constitutes a reasonable j time frame for the preparation and submittal of a decommissioning plan. NRC regulations at 10 CFR 70.38 require that licensees submit decommissioning plans for their facilities within 12 ,

months after cessation of operations. NRC notified BWXT on February 12,1998, and May 11,1998, of the need to submit a decommissioning plan, and the need to establish a date for submitting a decommissioning plan, for the SLDA. BWXT provided a date for submitting a decommissionirig plan on July 9,1998. If BWXT's proposal had set a 12 month timeframe for submitting a decommissioning plan, the staff would have found the date to be acceptable without furtherjustification.

1 However, since BWXT's proposal is well beyond a 12 month timi:. frame, some specific j justification is needed so that the NRC has a basis for reviewing your request. NRC regulations l at 10 CFR 70.38(g)(2) state that NRC may approve alternate schedules k - the submittal of a l decommissioning plan if NRC determines that the alternate schedules are necessary +o the )

l effective conduct of the decommissioning operations, do not present undue risk from ra6atina  !/

to the public health and safety, and are otherwise in the public interest. As such, in order fcr /U NRC to approve a request for submittal of a decommissioning plan beyond a 12 month l timeframe, BWXT needs to demonstrate that your requested amendment is consistent with the j criteria in Section 70.38(g)(2). i 9800070318 980003 PDR h C

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e P Rosdnthal -2 Therefore, we request that you review your proposed submittal date, and provide a justification if the proposed date is beyond 12 months from the date of this letter.

If you have any questions concerning this letter, please contact Dominick Orlando of my staff, at 301-415-6749.

Sincerely,

,_ . , // ,/ 'Zh

,' , John W. N. Hickey, Chief Low-Level Waste and Decommissioning Projects Branch Division of Waste Management Office of Nuclear Material Safety and Safeguards License No.: SNM-2001 Docket No.: 70-3085 cc: SLDA Distribution List i

l

o August 3, 1998 P. Rosenthal .- ,

if you have any questions concerning this letter, please contact Dominick Orlando of my staff, at 301-415-6749.

Sincerely,

[originalsignedby:]

John W. N. Hickey,. Chief Low-Level Waste and Decommissioning Projects Branch Division of Waste Management Office of Nuclear Material Safety and Safeguards License No.: SNM-2001 Docket No.: 70-3085 cc: SLDA Distribution List plSTRIBUTION: Central File LLDP r/f DWM r/f NMSS r/f RJohnson PUBLIC SGagner TMadden TJackson,RI MRoberts,RI

• SEE PREVIOUS CONCURRENCE _

' DOCUMENT NAME: S:\DWM\LLDP\DAO\SLDAPDA.WPD _

OFC LLDP* LLDP* LLDP* OGC1 flDi) DWM /

NAME DOrlando JCopeland RNelson HN b e J key MWeber DATE 07/16/98 07/16/98 07/16/98 - OT/b98 0"// f/98 @/ #3 /98 OFFICIAL RECORD COPY LSS: YES - NO X ACNW: YES NO~~X IG: YES NO X ' Delete file after distribution YES NO I

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