ML20135C096
| ML20135C096 | |
| Person / Time | |
|---|---|
| Issue date: | 10/29/1996 |
| From: | Newsome H NRC |
| To: | Lohaus P, Sollenberger D NRC |
| Shared Package | |
| ML20135C053 | List: |
| References | |
| NUDOCS 9612060170 | |
| Download: ML20135C096 (1) | |
Text
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l From: Hampton Newsome To: WNP9.DMS4, WNP9.PHL Date: 10/29/9610:46am
Subject:
Tonowanda Letter
~
Attached is the OGC rewrite of the placeholder letter to FACTS on Tonowanda. Please let me l know if you see any significant problems with it. OtherwiseTws havenlegal objection to'; .; l
,sendingJt outJ ] '
1 Thanks.
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\..... KING of PRUSSIA. PENNSYLVANIA ta4061415 April 23, 1996 Paul J. Merges, Ph.D.
Chief, Bureau of Pesticides & Radiation Division of Solid & Hazardous Materials New York State Department of Environmental Conservation 50 Wolf Road, Room 402 Albany, NY 12233-7255
Dear Dr. Merges:
In your letter dated February 29, 1996, you requested that we provide a ;
written response either confirming your understanding of the U.S. Nuclear !
Regulatory Commission's (NRC) position relative to exercising its regulatory control over Atomic Energy Act (AEA) Section 11e(2) material, or explain the NRC's role and practice relative to this material.
t The current NRC practice of not licensing materials at formally Utilized Sites Remedial Action Program (FUSRAP) sites has been the NRC's practice since the creation of the NRC in 1975. We are currently searching the archives for the formal documentation of this practice. This letter will serve as an interim response to your request until that information becomes available.
Relative to the Section lle(2) material you described, and the conditions under which it currently is situated in a Tonawanda, New York landfill, we believe the material in question does not represent an immediate health and safety hazard. We acknowledge that, under the Agreement between the NRC and New York, you do not exercise total regulatory jurisdiction over the material.
However, the State has regulatory authority over radiological constituents other than 11e(2) material, non-AEA material, and non-radiological constituents, and should take action deemed appropriate to protect the health and safety of the public. This includes evaluating potentially hazardous environmental conditions at the site and exerting appropriate controls until the U.S. Department of Energy completes its responsibilities under FUSRAP.
If you have any questions, please contact me.
Sincerely, O
A.}W M [ [ IIsordon Regional State Agreements Officer i
cc: R. Kirk, US DOE R. Aldrich, NYS Department of Labor K. Rimawi, NYS Energy Research & Development Authority M. Surgan, NYS Department of Law b b'I190 2 9 (, ) ,