ML20211K383

Response to Us Ecology,Inc Statement of Matl Facts as to Which No Genuine Issue to Be Heard.Nrc Staff Does Not Contest Authenticity of NRC Documents Offered as Exhibits. Related Documentation & Certificate of Svc Encl

ML20211K383
Person / Time
Site:	02700039
Issue date:	11/10/1986
From:	Hodgdon A NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML20211K339	List: ML20211K333 ML20211K383
References
SC, NUDOCS 8611170146
Download: ML20211K383 (12)

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE Tile ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

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U.S. ECOLOGY, INC. ) Docket No. 27-39

)

(Sheffield, Illinois Low-Level )

Radioactive Uaste Disposal Site) )

NRC STAFF'S RESPONSE TO USE'S STATEMENT OF MATERIAL FACTS AS TO WHICH THERE IS NO GENUINE ISSUE TO BE HEARD In its Statement of Material Facts as to Which There Is No Genuine Issue to Be Heard, U.S. Ecology (USF) stated that the position it argues in its motion is based on Commission policy and that, accordingly, the only material fact on which it seeks a Licensing Board determination is the authenticity of its supporthig documents, Exhibits 1 through 65.

The NRC staff does not contest the authenticity of any NRC docu-ments offered as exhibits.

Respectfully subnitted, i

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Ann P. Hodgtfon

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Cotmsel for IE Staff Dated at Bethesda, Maryland this 10th day of November,1986 8611170146 861110 l PDR ADOCK O2700039 j C PDR l

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l STATE OF IIIINOIS -

DEPARIMENT OF PUBLIC HEALTH  :

Division of Sanitary Ergineerirc l

RADI0 ACTIVE WASTES ACT l An Act to authorize the Director of Public Health to purchase, ,

lease, accept or acquire suitable sites for the concetration and storage  ;

of radioactive wastes, to provide for cupervision of the operation of such ,

sites arxi to authorize,the Departzsent of Public Health to prepare and to  !

enforce reszlations pertaining to the use and operation of atch sites. Ap- i proved I.ugust 16, 1963.

Be it enacted by the People of the State of Tllinois, repreemted in the Gmeral Assemblyr Section 1. The Director of Public Health is authorized to acquire by private purdsase, acceptance, or by condenation unier thg B:: inert Dnmin Act, eny and all 3 ands, buildings ad grounds shore radioactive by-products and wastes produced by industrial , medical, agricultural, sof.emtific or other or6anizations can be concetrated, stored or othervi.se dispoded in a manner consistent with the public health and eafety.

l Section 2. The Director of Public Health may accept, receive and receiptfbr moneys or lands, buildings and grounds for and in behalf of the State, given by the Federal Coverzxnent urder my federal law to the State or by any other public or private agecy, for the acquisition 'or operation of a site or sites for the concetration and storage of radioactive wastes. Such

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funds received by the Director pursuant to this section shall be deposited with the State Treasurer aid held and disbursed by him in accordance with "An Act in relation to the receipt, custody, and disbursecxrtt of monqr allotted by the United States of . America or any agency thereof for use in this State",

approved July 3,1939,, as amended. Provided that such moneys or lands, build-

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ings, and grounds shall be used only for the purposes for which they are con-tributed.

Section 3. The Director of Public Health mar leue such lands, build-ings and grounde as it may acquire urder the provisiorn of this Act to a private firm or firms for the purpose.cf operatire a site or sites for the concetration and storage of radioactive wastea or for such other p2rpose not contrary to yte public interests.

Section 4. The operation of any and all sites acqpired.for the con-centration and storage of radioactd,ve wastes shall be urrier the direct sup~ur- '

vision of the D9artment of Pub 1dc Health g sin 11 be in accord 5nce sf.th

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l 11adioactive Wastes Act (August 16,1963) Page 2 regulations grorm0cated and enforced by the Department to protect the public

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health and sai E Section 5. The Director of Public Health is authdrized to enter

- into contracts as he may dem necessary for carrying out the provisions of this Act.

Section 6. ]t is recognized by the Gmeral Assembly that any site used for the concetration and storage of radioactive waste material wLil represet a conunning and perpetual responsibility in the interests of the public hsalth, safety and geeral welfare, and that the sans must ultimtaly be reposed in a sovereign government without regarti for the existe1ce or non-existence of any particular agency, instrumentality, department, division or officer thereof. In all instances lands, buildings and grounds which are to be designated as sites for the concentration and storage of radLoactive waste materials shall be acquired in fee simple absolute and dedicated in perpetuity.

to such purpose. All rights, title and interest in, of and .to any radioactive waste materials accepted by the Departamt af Public Health for pamanent storage at such facilities, shall upon acceptance become the propetty of the State and shall be in all respects achinistered, controlled, and disposed of, including transfer by sale,. lease, loan or othardse, by the Depa@t of Public Health in the name af the State.

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[ *4 NUCLEAR REGULATORY COMmisailON WASHINGTCN, D. c. 20553 .

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$- Mr. Monte Canfield, Jr. ,

h., Director M~r Energy and Minerals Division-3II United States General Accounting Office h; Washington, D. C. 20548 2ll..

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Dear Mr. Canfield:

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E." This refers to your letter of September 17, 1976, to r'h=4v==n Rowden -

$ concerning your survey of Federal Programs for disposition of obsolete and unused nuclear facilities. Our reply, of course, will be concerned

~~C only with those activities which are subject to licensing by NRC or its E-- predecessor AEC. '

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-@j, Jt.is the current NRC' practical and'it was.-the practice of the AEC ,.

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Regulato y staff previously,' to evaluate each licensed activity at the . '

E." time of license' expiration or termination to determine whether decon-L- tamination of facilities and equipment by the licensee and close-out inspection by the Regulatory staff was necessary. These determinations were based on the type, form and amount of material authorized, and the

_.. nature of the activity conducted. For example, activities involving E;' sealed sources of radioactivity or short half-life rpdloactive materials,

=2 - where there was little possibility of a contamination problem, were not E" of concern in this regard. However, attention was directed to those Ei activities which involved the processing or use of radioactive material 21 in unsealed form where it was 'likely that contamination of equip =ent .

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and facilities could occur. '

5: As you point out in your letter, the documentation for determining "in that facilities were decontaminated (up to the early '60's) was.not Ei. as co=plete as we now require.

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Nevertheless,, we believe that there are no residual contamination El.. ~ problems of significance from a public health and safety standpoint at sites that were operated pursuant to AEC or NRC licenses. ,

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.P'- Mr. Monte danficid, Jr. '..

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i files of licenses terminated prior to I"

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,', However, we plan to roexam ne our1965, of which there are a considerable  ;?-

nu ths to determine if there are any cases where a significant public We

. E [ monhealth and safoty problem might exist at a for:ner licensed activity.

3.,','f.".. , will take appropriate action as necessary.

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. ,.Q '. . We will keep you informed of th'e results of this examination.

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2ff : '-, Lee V. Gossick

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_ E9435b T ...$1un W ENVIRONMENTAL SERVICES, INC. 23

, ME.To. . . ..jf. f * * * '1 A sues: DIARY OF AMAXINC.

Action Compt. - [ ,

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.- I- h f y ...s t: C U.S. Nuclear Regulatory ' Commission 9 '.

Nuclear Materials Safety 8 . t 5 'h; F te i *.b;h

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"M and Safeguards ' .'O ~

7920 Norfolk Avenue 'k $ y 1 O C10g#

Bethesda, MD 20014 -

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Attention: Mr. William Crow 4 5-4 W

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Gentlemen:

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f . y .q Enclosed is an Application for Source Material Lice sq submitted on behalf of AMAX Inc. As discussed with Q representatives of the Materials Safety and Safeguards. Division at a meeting in the Bethesda, Maryland office on March 29, 1981, this is an application for a license for interim safp storage of low-level radioactive contaminated soil located at a site owned by AMAX Inc. near Parkersburg, West Virginia.

The application for interim safe storage license is being made by AMAX Inc. as part of an on-going voluntary effort to clean-up the Parkersburg s ite .- By applying for the interim safe storage license, AMAX does not waive any right t;p contest the jurisdiction of the Nuclear Regulatory Commission to require the decontamination or clean-up of the Parkersburg site. In this regard, AMAX reserves the right to withdraw the enclosed application if it elects to do so at some future time.

Most of the information requested on the application form is inapplicable or is not suited to the Parkersburg situation. We have enclosed copies of the Stabilization Plan prepared by AMAX and its consultants for consolidating and stabilizing the low-level radioactive contaminated soil at the Parkersburg site.

We believe that the Stabilization Plan contains the information necessary to issue the license for interim safe storage and should be reviewed as part of the Application for Source Material License.

AMAX is interested in obtaining the license for interim safe storage as soon as possible in order to perform the work described in the Stabilization Plan during this construction season.. AMAX would need to obtain the license or authorization to proceed with construction no later than September 1, 1981 in order to complete the stabilization work at the Parkersburg site in 1981. It is our understanding that the environmental assessment report required for issuance of this license can be completed and the authori-zation for construction can be given by the NRC prior to September 1, 1981.

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. AMAX Westem Headquarters Denwr West Omce Park .1707 Cole Bou'evard + Golden, Colorado 80401 + 303 234 9020

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AMAX is designated continuing its efforts to have the Parkersburg site as a remedial action site under the " Residual Radioactive Department. of Energy.

Material Con' trol Act" that has been prepared by the This legislation would. authorize, the Secretary of the Department of Energy to designate remedial action sites containing residual radioactive material and reimburse the -

owner for ~the designated site. actual cost of remedial ' action undertaken at a In addition, this legislation would authorize the Secretary to . acquire a designated remedial action site used for the disposal and control of residual radioactive material.

The status of this legislation is uncertain; however, it is hoped that the Residual introduced in Congress Radioactive Ma terial . . Control Act will be this year and enacted adjourns in 1982. before Congress I hope that the Application for Source Material license, the accompanying Stabilization Plan, and other information previously submitted to the Nuclear Regulatory Commission provides you all of the information necessary to grant a lisence to AMAX for interim safe storage of residual radioactive material at the site near Parkersburg, West Virginia. If you have any questions regarding this matter or desire further information, please contact me or Peter Keppler or Jim Kerrigan of my staff. '

Yours very truly, E. R. i ham President ERB:PK:mpa w

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designated AMAX is continuing its efforts to have the Parkersburg site as a remedial action site under the

" Residual Radioactive Material Department. of Energy.

Con' trol Act" that has been prepared by the This legislation would authorize, the Secretary of the Department of Energy to designate remedial action sites containing residual radioactive material and reimburse the -

owner designated for 'the site.actual cost of remedial ' action undertaken at a In addition, this legislation would authorize the Secretary to acquire a designated remedial action site used \

for the disposal and control of residual radioactive material.

The status of this legislation is uncertain; however, it is hoped that the Residual introduced in Congress Radioactive Ma terial. . Cont rol Act will be this year and enacted adjourns in 1982. before Congress I hope that the Application for Source Material license, the accompanying submitted Stabilization Plan, and other information previously to the Nuclear Regulatory Commission provides you all of the information necessary to grant a lisence to AMAX for interim safe storage of residual radioactive material at the site near Parkersburg, West Virginia. If you have any questions regarding this matter or desire further information, please contact me or

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Peter Keppler or Jim Kerrigan of my staff. '

Yours very truly, E. R. i ham President ERB:PK:mpa l

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• DISTRIBUTION:

Docket No. 40-8035

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NMSS:R/F FCPF:R/F WTCrow FCPF:WTC 1. 1 2 1977 f ouse JBMartin 40-8035 RECunningham SUB-1022 ELD, JLieberman I&E, GHSmith IE HQ (2)

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Cotter Corporation LPDR ATTN: Mr. David P. Marcott SH0 -

Executive Vice President P. O. Box 356 .

Golden, Colorado 80401 Gentlemen:

As you are aware, the URC conducted a radiation survey at the Latty Avenue Site in Hazelwood, Missouri, where Cotter Corporation previously stored and processed source material under Soun:e Haterial License No. SUB-1022. Our survey has raised a serious question as to whether statements Cotter Corporation made in its application for termination of its license, with regard to contamination levels and removal of all licensable materials, were correct and, hence, whether the Commission'.s by you.terminating your license was founded on accurate representations action The Connission has requested that the Energy Research and Development h Administration perfonn a more detailed survey of this site. At the conclusion of this survey and an evaluation thereof, you will be advised of any required action.

Should you have any questions regarding this matter, please contact Mr. W. T. Crow of my staff (301-427-4103).

Sincerely,

' Original Signdd IV Richard E. Cunnin2hr.m Richard E. Cunningham Acting Director

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Division of Fuel Cycle and Material Safety cc: See attached list

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DISTRIBUTION:

Docket No. 40-8035 NMSS:R/F FCpF:R/F

. .t. ' '. 177 WTCrow y Rouse JBMartin RECunningham DOCKET NO.: 40-8035 h$ man LICENSEE: Cotter Corporation " (}

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FACILITY: Latty Avenue Site, Hazelwood, Missouk "

SUSJECT: LETTER TO COTTER CORPORATION RELATED TO NRC AND ERDA RADIATIGH SURVEYS AT THE LATTY AVENUE SITE

Background

On November 13. 1974, in response to an application from Cotter Corporation, dated May 10, 1974 Source Material License No. SUB-1022 was terminated.

' The application was accompanied by a radiation survey and a certificate indicating that all source material had been or would be disposed of in i

accordance with applicable regulations (copy attached). Region III of Inspection and Enforcement, by phone, stated they had no objection to the termination of this license; this was documented by a " note to file" (copy attached). .

In response to a letter dated June 2,1976 from the M4ssouri Department

' g of Natural Resources regarding some newspap,er articles containing allega-i tions concerning the inproper disposal of uranium ore residucs, Region III initiated an investigation. Although the allegations by the state were related to the disposal of residues by off-site land burial, Regicn III included the Latty Avenue site in their investigation. A preliminary ,

i radiation survey at the Latty Avenue site indicated levels of radiation l

exceeding the criteria established by NRC for decontamination of land areas prior to release for unrestricted use.

Discussion In June of 1977, at the request of HRC, ERDA (ORNL) started a detailed radiation survey of the Latty Avenue site to detemine the magnitude and extent of contamination. Although this survey is still in the early stages, ERDA has found a drum that was partially hidden in a remote corner of the field that contains licensable quantities of material and indications '

that radon concentrations in some of the buildings may be above currently accepted limits. Because o NitSS staff members on June30, .f this, 1977; a meeting wasdecided and it was heldamong ELD,the to send ISE, and

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2 attached letter to Cotter Corporation alerting them to a possible problen and affording them the opportunity to investigate possible renedial actions prior to any enforcement actions by flRC.

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! 3?_ :d by W. T. Crow Fuel Processing & Fabrication Branch Division of Fuel Cycle and Material Safety ilitii 7/7/77

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UNITED STATES OF AMERICA # T'C NUCLEAR REGULATORY COMMISSION

'86 NOV 13 All :39 BEFORE TIIE ATOMIC SAFETY AND LICENSING BOARD w Flu. .

00CKE ny; ; ., , g In the Matter of )

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• US ECOLOGY, INC. ) Docket No. 27-39

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(Sheffield, Illinois Low-Level )

Radioactive Waste Disposal Site) )

CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF'S RESPONSE IN OPPOSITION TO U.S. ECOLOGY'S MOTION FOR

SUMMARY

DISPOSITION" and "NRC STAFF'S DESPONSE TO USE' STATEMENT OF MATERIAL FACTS AS TO WHICII TIIERE IS NO GENUINE ISSUE TO BE HEARD" in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class, or as indicated by an asterisk through deposit in the Nuclear Regulatory Commission's internal mail sys-tem, this 10th day of November,1986:

B. Paul Cotter, Esq. , Chairman James R. May, Esq.

Administrative Judge State's Attorney

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Atomic Safety and Licensing Board Bureau County Court IIouse U.S. Nuclear Pegulatory Commission Princeton, IL 61356 Washington, D.C. 20555*

Jerry R. Kline Administrative Judge Judith S. Goodie l Atomic Safety and Licensing Board Assistant Attorney General, Offico l U.S. Nuclear Regulatory Commission of the Attorney General of Illinois

Fashington, D.C. 20555* Environmental Control Division 160 North LaSalle Dr. Emmeth A. Leubke Suite 900 l Administrative Judge Chicago, IL 60601 Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C. 20555 John M. Cannon, Esq.

Docketing and Service Section Mid-America Legal Foundation Office of the Secretary Suite 842 U.S. Nuclear Regulatory Commission 20 North Wacker Drive Washington, D.C. 20555* Chicago, IL 60606

D. J. McRae, Esq. Robert Russell, Esq.

217 West Second Street Johnson, Martin & Russell Kewaunee, II. C1443 10 Park Avenue West Princeton, IL 61356 Mark J. Wetterhahn, Esq. Mr. Charles F. Eason , Esq.

Robert Rader, Esq. U.S. Ecology, Inc.

Ccnner, Moore a Corber Director for Governmental Affairs 1747 Pennsylvania Avenue, N.17. 1501 Wilson Boulevard Suite 1050 Suite 900 Washington, D.C. 20006 Arlington, Virginia 22209 fir. Jerry Scoville Atomic Safety and Licensing Chairman of the Board for Board Panel U. S. Ecology, Inc. U.S. Nuclear Regulatory Commission P.O. Fox 7246 Washington, D.C. 20555*

Louisville, KY 40207 Donald L. Etchison Atomic Safety and Licensing Director, Dept. of Nuclear Safety Appeal Board 1035 Outer Park Drive U.S. Nuclear Regulatory Commission Springfield, IL 62704 Washington, D.C. 20555' W .

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, k Ann P. Ilodgdon Counsel for NRC Staff (

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