ML23038A040

New York State Energy Research and Development Authority Results of a Teleconference to Discuss Disposition of Historical Records Related to the Former Nuclear Fuel Services, Inc

ML23038A040
Person / Time
Site:	West Valley Demonstration Project
Issue date:	03/15/2023
From:	Marlayna Vaaler Doell Reactor Decommissioning Branch
To:	Bembia P West Valley Environmental Services
Doell M
References
Download: ML23038A040 (3)

Text

March 15, 2023 Paul Bembia, Director West Valley Site Management Program New York State Energy Research and Development Authority 9030-B Route 219 West Valley, NY 14171-9500

SUBJECT:

NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY - RESULTS OF A TELECONFERENCE TO DISCUSS DISPOSITION OF HISTORICAL RECORDS RELATED TO THE FORMER NUCLEAR FUEL SERVICES, INC. REPROCESSING FACILITY AT THE WESTERN NEW YORK NUCLEAR SERVICE CENTER

Dear Paul Bembia:

This letter is to document a teleconference between the U.S. Nuclear Regulatory Commission (NRC) staff and members of the New York State Energy Research and Development Authority (NYSERDA) staff that took place on December 14, 2022. The purpose of the call was to discuss NYSERDAs plans to review and disposition a number of historical documents related to the operation of the former Nuclear Fuel Services, Inc. (NFS) reprocessing facility at the Western New York Nuclear Service Center (WNYNSC).

As discussed during the teleconference, NYSERDA is in possession of numerous documents relating to the operation of the former West Valley reprocessing facility, which was built and operated by NFS. The reprocessing facility operated from 1966 until 1972. In 1980 Congress enacted the West Valley Demonstration Project (WVDP) Act, which gave the U.S. Department of Energy (DOE) exclusive possession of the portion of the WNYNSC that includes the former reprocessing facility, the NRC-licensed disposal area, the high-level waste tanks, waste lagoons, and above-ground waste storage areas. The WVDP Act authorizes DOE to solidify, transport, and dispose of high-level waste that exists at the site; dispose of low-level waste and transuranic waste produced by the WVDP; and decontaminate and decommission facilities used for the WVDP in accordance with requirements prescribed by the NRC.

In the process of transitioning the former fuel reprocessing facility to DOE for decommissioning, responsibility for numerous NFS documents related to the operation of the facility was transferred directly to DOE, and at least some of these documents were subsequently transferred to NYSERDA. NYSERDA also received NFS documents as the owner and licensee of the overall WNYNSC site. NYSERDA continues to store and manage these historic NFS documents at its West Valley Office, and eventually would like to review and disposition (e.g., destroy, archive, etc.) these documents in accordance with state and federal regulations.

However, NYSERDA staff expressed concerns regarding the potential for these historic NFS documents to contain information that may be deemed security-related or could contain Safeguards Information (SGI) under the NRCs current definition of those classifications, noting that under Amendment 31 to the facility license (License No. CSF-1), NYSERDA is expressly not responsible for safeguarding the facility.

P. Bembia During the December 2022 teleconference, the NRC staff elaborated on the fact that the SGI regulations did not exist before 1981, when most, if not all, of these documents would have been created. As set forth in Paragraph (a) of Section 73.22, Protection of Safeguards Information: Specific Requirements, of Title 10 of the Code of Federal Regulations (10 CFR),

SGI is information that is related to a specific facilitys security features and requirements, including but not limited to the facilitys physical security plan, site-specific drawings, diagrams or other documentation of the physical security system, physical security orders and procedures issued by a licensee to members of its security organization, and information relating to a facilitys on-site or off-site response force.

The fact that the West Valley reprocessing facility has been shut down since 1972, and the majority of the former plant has been demolished or is in the process of being demolished, means that the remaining NFS documents will, in most if not all cases, refer to materials, structures, systems, and components that are no longer present at the site and consequently pose no risk from a physical security standpoint. Therefore, although NYSERDA does not have a Safeguards Program in place, because the historic information is not likely to require protection, such a program is not required, and the NRC staff has no concerns with NYSERDA personnel storing, reviewing, and dispositioning the NFS documents in its possession.

In the unlikely event a document is identified during the review of the NFS historical records that NYSERDA staff believe could contain SGI, the NRC staff is available to evaluate any such documents and make a disposition recommendation. Should NYSERDA identify other types of information that it believes should be withheld from the public, it can mark the information in accordance with the provisions of Paragraph (d) to 10 CFR 2.390, Public inspections, exemptions, requests for withholding, and request that the information be withheld. The availability of this support from the NRC should ensure that any historical NFS records reviewed and potentially dispositioned by NYSERDA are handled and marked in accordance with the facility license and applicable federal regulations.

In accordance with 10 CFR 2.390 of the NRCs Agency Rules of Practice and Procedure, a copy of this letter will be available electronically for public inspection in the NRC Public Document Room or from the Publicly Available Records component of the Agencywide Documents Access and Management System (ADAMS). ADAMS is accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html.

P. Bembia If you have any questions regarding this matter, please contact me at (301) 415-3178 or via e-mail at marlayna.doell@nrc.gov.

Sincerely,

/RA/

Marlayna V. Doell, Project Manager Reactor Decommissioning Branch Division of Decommissioning, Uranium Recovery and Waste Programs Office of Nuclear Material Safety and Safeguards Docket No. 50-201 License No. CSF-1 cc: West Valley Listserv Janice Dean, NYSERDA (janice.dean@nyserda.ny.gov)

Bryan Bower, DOE-WVDP (bryan.bower@emcbc.doe.gov)

Daniel Evans, NYSDEC (daniel.evans@dec.ny.gov)

Alex Damiani (alex.damiani@health.ny.gov)

Oleg Povetko, EPA-RII (oleg.povetko@epa.gov)