[Federal Register Volume 73, Number 187 (Thursday, September 25, 2008)]
[Notices]
[Pages 55545-55546]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-22533]


-----------------------------------------------------------------------

NUCLEAR REGULATORY COMMISSION

[Docket No. 50-022]


Notice of License Termination CBS Test Reactor Located at Waltz 
Mill Site, Madison, PA

Introduction

    The U.S. Nuclear Regulatory Commission (NRC) is noticing the 
granting of an exemption from 10 CFR 50.82(b)(6)(ii), and the related 
termination of Facility Operating License No. TR-02, held by CBS for 
the test reactor (TR) located on the Waltz Mill Site in Madison, PA. 
CBS requested this action in a letter to NRC dated December 6, 2007 
(ML073440024). As discussed below, Westinghouse Electric Company, LLC 
(Westinghouse) held NRC materials license SNM-770, a license covering 
the entire Waltz Mill site on which the former TR was located. The 
granting of this exemption and the termination of the TR-02 license is 
administrative in nature.

Background

    The initial license for the TR was issued on June 19, 1959. Reactor 
operation permanently ceased following an accident in 1960. On March 
25, 1963, the license was amended to allow only possession of special 
nuclear material but not reactor operation. A Decommissioning Plan (DP) 
for the TR was submitted on July 27, 1997, and was approved on 
September 30, 1998.
    In the context of facilitating the resolution of a then-pending 
arbitration dispute regarding the Waltz Mill site between CBS and 
Westinghouse, the NRC, by letter dated March 17, 2006 (ML060750730), 
advised the parties that a request for an exemption from 10 CFR 
50.82(b)(6)(ii) should be submitted jointly by CBS and Westinghouse, or 
by CBS with concurrence or an affidavit from Westinghouse, stating 
Westinghouse's willingness to accept the TR facility in the condition 
it was left in by CBS. This guidance further stated that the NRC would 
terminate the TR-2 license when: (1) The SNM-770 license was amended to 
accept the transfer of all residual radioactive materials, equipment 
and structures associated with the TR-2 license; and, (2) the NRC's 
requirements for terminating non-power reactor licenses had been 
satisfied. The arbitration case between CBS and Westinghouse resulted 
in a final arbitration opinion and award (American Arbitration 
Association Case No. 16Y 192 00937 02 dated July 20, 2007). In August 
2007, CBS reached a monetary settlement with Westinghouse regarding the 
completion of decommissioning activities at TR-2.
    In a letter dated December 6, 2007, Westinghouse requested that its 
SNM-770 license be amended to accept the TR-2 radioactive materials, 
structures, and equipment (ML073620136). In this letter, Westinghouse 
acknowledged that it will have the sole responsibility for satisfying 
the NRC's decommissioning requirements applicable to the Waltz Mill 
site, including requirements applicable to the radioactive materials, 
structures, and equipment associated with the former TR.
    On March 20, 2008, NRC conducted an inspection of the Waltz Mill 
site for the purpose of assessing the transfer of all residual 
radioactive material, equipment, and structures from the TR-2 license 
to Westinghouse's SNM-770 license. No violations were identified during 
the course of the inspection. On March 26, 2008, the requested 
amendment was issued authorizing Westinghouse under its license to take 
possession of all remaining radioactive material, structures and 
equipment associated with the TR-2 facility. With this amendment to the 
SNM-770 license, the need for the separate TR-2 license ended. With the 
termination of the TR-2 license, the SNM-770 license was the only NRC 
license in effect for radioactive materials on the Waltz Mill Site. On 
March 31, 2008, the State of Pennsylvania became an NRC Agreement 
State. Subsequently, the SNM-770 license was re-issued by Pennsylvania 
as license PA 1053S.

Discussion

A. Requirements for Terminating Non-Power Reactor Licenses

    The NRC's regulations in 10 CFR 50.82(b)(6) provide that the 
Commission will terminate a non-power reactor license if it determines 
that the decommissioning has been performed in accordance with the 
approved decommissioning plan, and the terminal radiation survey and 
associated documentation demonstrate that the facility and site are 
suitable for release in accordance with Subpart E of 10 CFR part 20.
    (1) Compliance with the Decommissioning Plan (10 CFR 
50.82(b)(6)(i)) As stated above, the NRC approved the TR-2 DP in 1998. 
DP Revision 1 (the only revision) revised the method for removing the 
pressure vessel from the TR-2 containment building. The reactor 
component and equipment removal actions required by the TR-2 DP have 
been successfully completed. In its March 2006 guidance letter, the NRC 
advised CBS that the only actions then needed to complete 
implementation of the TR-2 DP were: (1) Provide documentation showing 
that the remaining radioactive materials associated with the TR-2 
facility would be transferred to the SNM-770 License; and (2) issuance 
of a license amendment to the SNM-770 License authorizing the transfer 
of this material. Those actions have now been taken and implementation 
of the TR-2 DP is thus complete. Accordingly, the NRC finds that the 
requirements of 10 CFR 50.82(b)(6)(i) have been met.
    (2) Terminal Radiation Survey and Associated Documentation (10 CFR 
50.82(b)(6)(ii))
    In addition to showing that decommissioning has been performed in 
accordance with the approved DP, a radiation survey and associated 
documentation must show that the facility and site are suitable for 
release in accordance with Subpart E of 10 CFR Part 20 before a non-
power reactor license may be terminated. This is the

[[Page 55546]]

requirement from which CBS seeks an exemption in its December 6, 2007, 
submittal.
    Therein, CBS notes that the purpose of the approved DP was to 
dismantle and remove TR components to the point that there would no 
longer be a utilization (reactor) facility remaining on the site. These 
actions would then allow the residual radioactive materials, 
structures, and equipment associated with the former TR to be 
transferred to the Westinghouse SNM-770 materials license for further 
remediation to the extent necessary. After all principal licensed 
activities at the Waltz Mill Site cease, the residual radioactive 
materials, structures, and equipment associated with the former TR, 
along with other buildings and lands covered by their existing license, 
will be decommissioned by Westinghouse in accordance with the State of 
Pennsylvania's requirements. As discussed below, the NRC finds that the 
requested exemption is warranted.

B. Requirements for Granting Exemptions From 10 CFR Part 50

    Pursuant to 10 CFR 50.12(a)(1), the NRC must find that granting the 
requested exemption is authorized by law, will not present any undue 
risk to the public health and safety and would be consistent with the 
common defense and security. Because the TR-2 radioactive materials 
will remain under an NRC's Agreement State's License (PA-1053S) held by 
Westinghouse, they will be fully subject to appropriate regulatory 
authority and control. Full decommissioning at the Waltz Mill Site may 
safely be deferred until such time that all licensed activities there 
cease. The NRC thus finds that the requirements of 10 CFR 50.12(a)(1) 
are met.
    Pursuant to 10 CFR 50.12(a)(2), the NRC must also find, in granting 
any exemption, that at least one of several enumerated ``special 
circumstances'' are present. In this regard, CBS maintains that the 
special circumstance here is that the application of 10 CFR 
52.82(b)(6)(ii) to this case is unnecessary to achieve the underlying 
purpose of the rule, which is to provide for safe decommissioning and 
license termination. The NRC agrees, and finds that CBS has met the 
requirements of 10 CFR 50.12(a)(2)(ii) for granting an exemption. The 
basis for this finding is that Westinghouse has assumed complete 
responsibility for the safe decommissioning of the Waltz Mill Site, 
initially under its materials license SNM-770, and now under PA-1053S.
    An environmental assessment does not need to be performed as this 
action falls within the class of actions categorically excluded by 10 
CFR 51.22(c)(11). The proposed action is administrative and procedural 
in nature. NRC staff has evaluated the granting of this exemption 
request and has determined the granting of the exemption is consistent 
with the staff's March 17, 2006 letter, and that the proposed action to 
terminate the license has also occurred in accordance within the 
guidance of the staff's March 17th letter.

Conclusion

    The NRC is granting an exemption from 10 CFR 50.82(b)(6)(ii) and is 
terminating the license of the TR following the transfer of the 
radioactive materials, structures and equipment of the TR to 
Westinghouse LLC, the holder of the PA-1053S license for the remainder 
of the Waltz Mill Site. This is in accordance with the 2007 arbitration 
opinion and award.
    With the SNM-770 license amended and transferred to the State of 
Pennsylvania and the TR-2 license terminated, the PA-1053S license will 
be the only license in effect for radioactive materials at the Waltz 
Mill Site. Westinghouse, as the remaining licensee on the Site, will 
now be solely responsible for the safe and environmentally acceptable 
possession and management of radioactive materials on the Waltz Mill 
Site, and the later remediation and decommissioning of the Waltz Mill 
Site.
    For further details with respect to the above action, see CBS's 
letter dated December 6, 2007 and the NRC's letter to the CBS 
Corporation terminating the TR-2 license (ML081330398). The above 
referenced documents may be examined, and/or copied for a fee, at the 
NRC's Public Document Room (PDR) at One White Flint North, 11555 
Rockville Pike (first floor), Rockville, Maryland. Publicly available 
records will be accessible electronically from the Agencywide Documents 
Access and Management System (ADAMS) Public Electronic Reading Room on 
the Internet at the NRC Web site, http://www.nrc.gov/readingrm/adams.html. Persons who do not have access to ADAMS or who have 
problems in accessing the documents in ADAMS should call the NRC PDR 
reference staff at 1-800-397-4209 or 301-415-4737 or e-mail 
<a href="/cdn-cgi/l/email-protection#6f1f0b1d2f011d0c41080019"><span class="__cf_email__" data-cfemail="bbcbdfc9fbd5c9d895dcd4cd">[email protected]</span></a>.

    Dated at Rockville, Maryland this the 19th day of September 
2008.
Keith I. McConnell,
Deputy Director, Decommissioning and Uranium Recovery Licensing 
Directorate, Division of Waste Management and Environmental Protection, 
Office of Federal and State Materials and Environmental Management 
Programs.
[FR Doc. E8-22533 Filed 9-24-08; 8:45 am]
BILLING CODE 7590-01-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>