ML20211E804
| ML20211E804 | |
| Person / Time | |
|---|---|
| Issue date: | 09/16/1997 |
| From: | Greeves J NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | Vaughan R WEST VALLEY NUCLEAR WASTES |
| Shared Package | |
| ML20211E808 | List: |
| References | |
| REF-PROJ-M-32 NUDOCS 9709300275 | |
| Download: ML20211E804 (5) | |
Text
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lg e NUCLEAR REGULATORY COMMISSION WAsHlHQTON, o.C. 30666 0001 s,...../, September 16, 1997 Mr. Raymond C. Vaughan Coalition On West Valley Nuclear Wastes Sharp Street East Concord, NY 14055
Dear Mr. Vaughan:
I am responding to your letter of July 27,1997, in which you express concerns regarding U.S.
Nuclear Regulatory Commission compliance with the West Valley Demonstration Project (WVDP) Act und the National Environmental Policy Act (NEPA). In particular, I will address your concerns, respectively, regarding decontamination and decommissioning criteria and regarding applicable licensing requirements for disposal of low-level and transuranic wastes. I will als) address, specifically, your suggestions that NRC has not been forthcoming regarding what policies, criteria, and regulations apply to West Valley, in accordance with the WVDP Act and NEPA, and your concern that NRC needs to take imrnediate regulatory authority for certain areas of the WVDP site.
With regard to your concern on decontamination and decommissioning criteria, NRC made a presentation to the Citizen's Task Force (CTF), of which you are a member, on May 20,1997, describing the NRC staffs intended approach relating to decommissioning West Valley. At the meeting, NRC noted the WVDP Act requires the U.S. Department of Energy (DOE) to decontaminate and decommission certain West Valley facilities "in accordance with such requirements as the Commission may prescribe
- and, in this context, expressed staffs intention to apply the Commission's final rule on decommissioning criteria at West Valley. The staff presentation described the then proposed final rule which was made available to the CTF and publicly approved by the Commission the following day. Although not elaborated on in NRC's May 20 presentation, the Commission's final rule on decommissioning criteria was the product of enhanced participatory rulemaking initiated by NRC in 1992, to specify radiclogical criteria for the decommissioning of licensed facilities and facilities subject to NRC jurisdiction. Over a two-year period, NRC conducted a ser,as of public workshops and meetings across the country to discuss the scope, issues, and alternative approaches to the rulemaking. The workshops and scoping discussions were used in the preparation of the proposed rule that was published in August 1994 for public comments. More workshops were held and comments on the proposed >j ,
rule were accepted through January 1995. Therefore,in view of the above and other, relevant /
interactions with the CTF and members of the public, I strongly disagree with any suggestion that NRC is maintaining an improper veil of privacy regarding its activities relating to West Valley, or that NRC is developing policies, criteria or regulations for West Valley that are less protective than those that would be applicable for other sites.
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As indicated during the presentation before the CTF on May 20th, the NRC staff plans to obtain o Commission approval regarding its intention to apply the rule on decommissioning criteria and any needed institutional control at West Valley. Subject to Commission review, my staff is planning to provide, in writing, the foregoing NRC position on decommissioning to DOE, the New York State Energy Research and Development Authority (NYSERDA), and the CTF in the fall of 1997. Therefore, it appears that the application of the Commission's final rule on 9709300275 970916
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R. Vaughan 2-decommissioning criteria to West Valley can be a consideration in the ongoing West Valley Environmental lmpact Statement process being conducted by DOE and NYSERDA (to which NRC is a cooperating federal agency).
In regard to your concern about applicable licensing requirements for low level and transuranic waste disposal, NRC has previously provided its position to DOE in the context of disposal of wastes contaminated with transuranic radionuclides. As stated in the letter from Malcolm Knapp NRC, to Willis Bixby, DOE, dated August 18,1987, NRC believes that DOE should evaluate the disposal of low-level waste, regardless of its radionuclide content, against the performance objectives of 10 CFR Part 61.
As to your concern relating to immediate regulatory action by NRC, the information available to me does not indicate that NRC must take immediate steps to establish formal regulatory authority for the North Plateau plume, main plant cells and any other facilities or properties which are not used in conducting the project. DOE is adequately maintaining the North Plateau plume and, according to information available to us, all other facilities and properties within the project premises. There is no condition that presents an immediate threat to public health and safety, and we believe that DOE is capably performing its responsibility to maintain the project premises under the present structure. There remains the question of the remediation of the facilities and properties within the project premises including the North Plateau plume, in general, DOE is responsible for any remediation needed to complete the project, and NYSERDA is responsible to apply for any licensing action needed for the safe repossession of the project premises after the project is completed. As you know, the NEPA process currently being conducted by DOE and NYSERDA is addressing relevant remediation issues.
I trust you will find this letter responsive to your concerns. Further, NRC will continue to make every reasonable effort to carry out its West Valley activities in a forthcoming manner and in accordance with the WVDP Act and NEPA, and to ensure that the project premises are being adequately controlled and monitored.
Sincerely,
.m ) k' e.~~&
[ John T. Greeves, Director Division of Waste Management Office of Nuclear Material Safety and Safeguards cc: T, Rowland, DOE R. Tormey, DOE P. Piciuto, NYSERDA H. Brodie, NYSERDA J. Krajewski, DEC CTF
R. V: ugh:n 2-a consideration in the ongoing West Valley Environmental Impact Statement process being conducted by DOE and NYSERDA (to which NRC is a cooperating federal agency).
In regard to your concern about applicable licensing requirements for low level and transuranic waste disposal, NRC has previously provided its position to DOE in the context of disposal of wastes contaminated with transuranic radionuclides. As stated in the letter from Malcolm Knapp, NRC, to Willis Bixby, DOE, dated August 18,1987, NRC believes that DOE should evaluate the disposal of low-level waste, regardless of its radionuclide content, by showing that the disposal meets the performance objectives of 10 CFR Part 01.
As to your concern relating to immediate regulatory action by NRC, the information available to me does not indicate that NRC must take immediate steps to establish formal regulatory authority for the Narth Plateau plume, main plant cells and any other facilities or properties which are not used in conducting the project. DOE is adequately maintaining the North Plateau plume and, according to information available to us, all other facilities and properties within the project premises. There is no condition that presents an immediate threat to public health and safety, and we believo that DOE is capably performing its responsibility to maintain the project premises under the present structure. There remains the question of the remediation of the facilities and properties within the project premises including the North Plateau plume, in general, DOE is responsible for any remediation needed to complete the project, and NYSERDA is responsible to apply for any licensing action needed for the safe repossession of the project premises after the project is completed. As you know, the NEPA process currently being conducted by DOE and NYSERDA is addressing relevant remediation issues.
I trust you will find this letter responsive to your concerns. Further, NRC will continue to maKO every reasonable effort to carry out its West Valley activities in a forthcoming manner and in accordance with the WVDP Act and NEPA, and to ensure that the project premises are being adequately controlled and mon;tored.
Sincerely, John T. Greeves, Director Division of Waste Management Office of Nuclear Material Safety and Safeguards ,
cc: T. Rowland, DOE P. Piciuto, NYSERDA H. Brodie, NYSERDA R. Tormey, DOE J. Krajewski, DEC CTF
%.IlCKETL DWM 181 DISTRIBUTION: Central File L! DP r/f DWM r/f-t/f NMSS r/f RJohnson PUBLIC ACNW RNelson TCJohnson MFederline TD receive a copy of this document in small box ca "OFC:" line enter: "C" = Copy WIthout attachment / enclosure; "E" = Copy with attachmentlenclosure;"N" = No copy P:th & File Name: S:\DWM\LLDP\JDP\VAUGHAN.LET Y!- see previous concurrence h j/h 9/
'CFC LLDP* LLDP' OGC* LLDP[ [ DWM NAME JParrottity TCJohnson CWReamer Jkidey JGreeves DATE 9/5/F/ 9/9/97 9/10/97 9/ ///97 9/ /97 OFFICIAL RECORD COPY ACNW. YES l. NO _ Categoy: Proprietary _ or CF Only _
IG : YES ._. NO _
LSS : YES _ NO _ Delete file after distribution: Yes _ No _
[ R. Vaughan '
a consideration in the ongoing West Valley Environmental Impact Statement process being conducted by D.OE and NYSERDA (to which NRC is a cooperating federal agency).
In regard to your concem about applicable licensing requirements for low levsl and transuranic waste disposal, NRC has previously provided its position to DOE in the context pf' disposal of wastes contaminated 'with transuranic radionuclides. As stated in the letter from'Malcolm Kna'p p, NRC, to Willis Bixby, DOE, dated August ia,1987, NRC believes that DOE spdIuld evaluate'the disposal of low-level waste, regardless of its radionuclide content, by showing that the disposa fneets the performance objectives of 10 CFR Part 61.
As to your concern relating to immediate regulatory action by RC, the i ormation available to me does not indicate that NRC niust take immediate steps to ablish for al regulatory authority for the North Plateau plume, main plant, cells and any other facili s or properties which are not used in conducting the project. DOE is adequately maintaining e North ateau plume and, according to information available to us, all other' facilities and propp les with' the project premises. There is no condition that presena an immediate' threat to publi health a safety, and we believe that DOE is capably performing its responsibility to maintain th project 9remises under the present structure.
There remains the question of the remedla{lon e facilities and properties within the project promises including the North Plateau plume s I general,[OE is responsible for any remediation needed to complete the project, and NYSER , is resppnsible to apply for any licensing action needed for the safe repossession of the project pre ises afteythe project is completed. As you know, the NEPA process currently being conducted y DOd and NYSERDA is addressing relevant remediation issues.
To conclude, I trust you will find this I er resp sive to'your concerns. Further, NRC will continue to make e .ery reasonable effort to car out its est Valley activities in a forthcoming manner and in accordance with the WVDP Act a NEPA, ,d is ensuring that the project premises are being adequately controlled and monit ed.
Sincerely, John T. Greeves, Director Division of Waste Management Office of Nuclear Material Safety and Safeguards DWM 181 hTICKET:
)lSTRIBUTION Central Fi LLDP r/f DWM r/f t/f NMSS r/f Ch=meu PUBLIC ACNW RNelson TCJohnson MFederline To receive a copy of this docu t in small 4 x on "OFC:" line enter: "C"
- Copy without attachmentlenclosure; "E" = Copy with attachment / enclosure:"N" = No py Path & File Name: S:\D
/
\LLDPUDFXVAUGHAN.LET MM, OFC LLDRk [ LLDP OGC h k LLDP DWM NAME JParbt/bg! Tdd h n CWRoan r JHickey JGreeves lDATE 9/fl9[ 9/k/97 9/k/97 9/ /97 9/ /97 OF lCIAL RECORD COPY !
ACNW: YES l. O_ C tegory: Proprietary _ or CF Only _
IG : YES _ NO .
LSS : YES _ NO _ elete file after distribution: Yes _ No _
,, ,R. V ugh n 2- September 16, 1997 doo:mmissi:ning crit:ria to W:st Vcll:y c:n be a consideration in the ongoing WIst Vall:y
.- Environmentallmpact Statement process being conducted by DOE and NYSERDA (to which NRC is a cooperating federal agency).
In re' gard to your concern about applicable licensing requirements for low level and transuranic waste disposal, NRC has previously provided its position to DOE in the context of disposal of wastes contaminated with transuranic radionuclides. As stated in the letter from Malcolm Knapp, NRC, to Willis Bixby, DOE, dated August 18,1987, NRC believes that DOE should evaluate the disposal of low level waste, regardless of its radionuclide content, against the performance objectives of 10 CFR Part 61.
As to your concern relating to immediate regulatory action by NRC, the information available to me does not indicate that NRC must take immediate steps to establish formal regulatory authority for the North Plateau plume, main plant cells and any other facilities or properties which are not used in conducting the project. DOE is adequately maintaining the North Plateau plume and, according to information available to us, all other facilities and properties within the project premises. There is no condition that presents an immediate threat to public health and safety, and we believe that DOE is capably performing its responsibility to maintain the project premises under the present structure. There remains the question of the remediation of the facilities and properties within the project premises including the North Plateau plume. In general, DOE la responsible for any remediation needed to complete the project, and NYSERDA is responsible to apply for any licensing action needed for the safe repossession of the project premises after the project is completed. As you know, the NEPA process currently being conducted by DOE and NYSERDA is addressing relevant remediation issues.
I trust you will find this letter responsive to your concerns. Further, NRC will continue to make every reasonable effort to carry out its West Valley activities in a forthcoming manner and in accordance with the WVDP Act and NEPA, and to ensure that the project premises ara being adequately controlled and monitored.
Sincerely, o breevIs i or Division of Waste Management Office of Nuclear Material Safety and Safeguards cc: T. Rowland, DOE P. Piciulo, NYSERDA H. Brodie, NYSERDA R. Tormey, DOE J. Krajewski, DEC CTF TICKET: DWM 181 DISTRit3UTION: ' Central File LLDP r/f DWM r/f t/f NMSS r/f RJohnson PUBLIC ACNW RNelson TCJohnson MFederline TD receive a copy of this document in small box on "OFC:" line enter: "C" = Copy without attachmentlenclosure; "E" = Copy with attachmentlencloeure;"N" e No copy i
Path & File Name: S:\DWM\LLDP\JDP\VAUGHAN.LET
- - see previous concurrence I
OFC, LLDP* LLDP' OGC* LLDP* DW( < / __
NAME JParrott/bg TCJohnson CWReamer JHickey ,JNevde DATE 9/5/97 9/9/97 9/10/97 9/11/97 9//6/97 OFFICIAL RECORD COPY ACNW: YES X. NO _ Category: Proprietary _ or CF Only _
IG : YES _ NO _
LSS : YES _ NO _ Delete file after distribution: Yes _ No_
_ _ _ _ -