[Federal Register Volume 62, Number 127 (Wednesday, July 2, 1997)]
[Notices]
[Pages 35841-35842]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-17293]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 040-8989, License No. SMC-1559, EA 97-303]
Envirocare of Utah, Inc., Salt Lake City, UT; Confirmatory Order
(Effective Immediately)
I
Envirocare of Utah, Inc., (Envirocare) is the holder of Utah
License No. UT2300249 issued by the State of Utah. The State license
authorizes Envirocare to transfer, receive, possess and use designated
radioactive material as specified therein. The State license was most
recently amended on August 16, 1996, and is currently under timely
renewal status. Envirocare is also the holder of NRC License No. SMC-
1559, issued by the Nuclear Regulatory Commission (NRC or Commission).
The NRC license authorizes Envirocare to possess and dispose of source
material as defined in 10 CFR Part 40, but does not authorize
possession of Special Nuclear Material (SNM). The NRC license was
issued on November 19, 1993; was most recently amended on August 7,
1996; and is due to expire on November 30, 2003.
II
NRC requirements in 10 CFR 150.10 state, in part, that any person
in an Agreement State who receives or possesses SNM in quantities not
sufficient to form a critical mass is exempt from the requirements for
a license contained in Chapters 6, 7, and 8 of the Atomic Energy Act.
10 CFR 150.11(a) states, in part, that special nuclear material in
quantities not sufficient to form a critical mass means uranium
enriched in the isotope U-235 in quantities not exceeding 350 grams of
contained U-235.
On June 9-10, 1997, the NRC conducted an inspection of Envirocare's
facility near Clive, Utah. During the inspection, the NRC identified
that Envirocare had received, and had caused to be present on site, SNM
in excess of the 350 gram limit defined by the formula in 10 CFR
150.11. Specifically, the inspection revealed that Envirocare had
caused to be present on site more than 2,400 grams of uranium-235 that
had not been disposed of.
Based on further review of Envirocare's procedures, the NRC
concluded that Envirocare did not correctly account for all SNM under
its control that is awaiting disposal as being in its possession, which
resulted in possession of SNM in excess of the
[[Page 35842]]
quantities specified in 10 CFR 150.10 and 10 CFR 150.11(a), a violation
of the requirement for an NRC license.
III
As a result of the NRC findings, the NRC issued to Envirocare a
Confirmatory Action Letter (CAL) on June 12, 1997, which confirmed that
Envirocare would take certain actions. These actions included: (1)
Discontinuing receipt of SNM at its facility, except in clearly defined
circumstances, until receipt of written approval by the NRC; and (2)
submitting a plan to the NRC for removal, or disposal at its site by
June 25, 1997, of waste materials such that the sum of all SNM
remaining on site would not exceed the formula quantity prescribed by
10 CFR 150.11 and Envirocare's Agreement State license.
Envirocare submitted a plan on June 16, 1997, to NRC in accordance
with these commitments. In addition, in a letter dated June 18, 1997,
Envirocare requested an extension of the June 25, 1997 deadline, to
August 1, 1997, with respect to achieving compliance with NRC
requirements.
On June 19, 1997, representatives of Envirocare met with
representatives of the NRC staff during a management meeting at the NRC
headquarters office in Rockville, Maryland. During the meeting, the NRC
discussed the commitments described in the CAL and proposed that
Envirocare not receive any shipments of SNM pending written NRC
approval, except for shipments in transit as of June 11, 1997, as
provided in Paragraph IV.2 of this Order. In addition, by letter dated
June 23, 1997, the NRC described to Envirocare the NRC's understanding
of Envirocare's commitments, and proposed incorporating those
commitments into a Confirmatory Order.
Envirocare subsequently consented to issuing this Order with the
conditions, as described in Section IV below, in a waiver signed on
June 25, 1997. Envirocare also agreed to waive its hearing rights. The
NRC has reviewed the above conditions and concludes that implementation
of these actions would provide enhanced assurance that Envirocare's
program for disposal of radioactive material will be conducted safely
and in accordance with NRC requirements.
I find that Envirocare's commitments as set forth in Section IV are
acceptable and necessary to provide for the public health, safety, and
interest. In view of the foregoing, I have determined that Envirocare's
commitments should be confirmed by this Order. Based on the above and
Envirocare's consent, this Order supersedes the CAL dated June 12,
1997, and is immediately effective upon issuance.
IV
Accordingly, pursuant to sections 53, 161b, 161i, 161o, 182 and 186
of the Atomic Energy Act of 1954, as amended, and the Commission's
regulations in 10 CFR 2.202 and 10 CFR parts 70 and 150, It is hereby
ordered, effective immediately, That:
1. Effective immediately, Envirocare shall not receive Special
Nuclear Material (SNM) at its facility until four business days after
compliance with Condition 4, except as described in Condition 2 below,
unless Envirocare has received written authorization from the NRC. Such
authorization will be based on review and approval by the NRC of
Envirocare's submittal of a compliance plan for meeting the terms of
the exemption granted in 10 CFR 150.10 and 150.11 relating to
possession of SNM. NRC and Envirocare will meet on or before July 3,
1997, to discuss the issue of SNM possession limits. Envirocare shall
submit its compliance plan no later than July 7, 1997. This condition
applies to mixed and non-mixed low-level radioactive waste containing
SNM.
2. Shipments of SNM enroute to the Envirocare facility as of June
11, 1997, may be received at the facility. In addition, any shipment,
whether or not enroute by June 11, 1997, containing one gram or less of
SNM per conveyance (single rail car or truck) may be received.
3. All SNM within the restricted area at the site, other than SNM
placed within the disposal cell, shall be included in determining
application of the exemption granted in 10 CFR 150.10. This condition
is an interim condition and will be replaced by the compliance plan
required by condition 1 above, after written approval of the compliance
plan by the NRC.
4. Envirocare will submit to the NRC no later than August 4, 1997,
written confirmation, under oath or affirmation, that the actions
described in the disposal plan dated June 16, 1997, have been
completed.
5. Any written communication submitted by Envirocare in connection
with this Order shall be provided to the Director, Office of Nuclear
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission,
Washington, D.C. 20555, and to the Regional Administrator, NRC Region
IV, 611 Ryan Plaza Drive, Suite 400, Arlington, Texas 76011-8064.
The Regional Administrator, NRC Region IV, may relax or rescind, in
writing, any of the above conditions upon a showing by Envirocare of
good cause.
V
Any person adversely affected by this Confirmatory Order, other
than Envirocare, may request a hearing within 20 days of its issuance.
Where good cause is shown, consideration will be given to extending the
time to request a hearing. A request for extension of time must be made
in writing to the Director, Office of Enforcement, U.S. Nuclear
Regulatory Commission Washington, DC. 20555, and include a statement of
good cause for the extension. Any request for a hearing shall be
submitted to the Secretary, U.S. Nuclear Regulatory Commission, ATTN:
Chief, Docketing and Service Section, Washington, DC. 20555. Copies
also shall be sent to the Director, Office of Enforcement, U.S. Nuclear
Regulatory Commission, Washington, DC. 20555, to the Assistant General
Counsel for Hearings and Enforcement at the same address, to the
Regional Administrator, NRC Region IV, 611 Ryan Plaza Drive, Suite 400,
Arlington, Texas 76011-8064, and to Envirocare. If such a person
requests a hearing, that person shall set forth with particularity the
manner in which his interest is adversely affected by this Order and
shall address the criteria set forth in 10 CFR 2.714(d).
If a hearing is requested by a person whose interest is adversely
affected, the Commission will issue an Order designating the time and
place of any hearing. If a hearing is held, the issue to be considered
at such hearing shall be whether this Confirmatory Order should be
sustained.
In the absence of any request for hearing, or written approval of
an extension of time in which to request a hearing, the provisions
specified in Section IV above shall be final 20 days from the date of
this Order without further order or proceedings. An answer or a request
for hearing shall not stay the immediate effectiveness of this order.
Dated at Rockville, Maryland this 25th day of June 1997.
For the Nuclear Regulatory Commission.
James Lieberman,
Director, Office of Enforcement.
[FR Doc. 97-17293 Filed 7-1-97; 8:45 am]
BILLING CODE 7590-01-P
