[Federal Register Volume 73, Number 90 (Thursday, May 8, 2008)]
[Notices]
[Pages 26151-26152]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-10281]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 070-00008]


Notice of Issuance of License Amendment for Termination of 
License SNM-00007 for Battelle Memorial Institute, West Jefferson, OH

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice of availability.

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FOR FURTHER INFORMATION CONTACT: George M. McCann, Senior Health 
Physicist, Decommissioning Branch, Division of Nuclear Material Safety, 
Region III, U.S. Nuclear Regulatory Commission, 2443 Warrenville Road, 
Lisle, Illinois 60532; Telephone: (630) 829-9856; fax number: (630) 
515-1259; e-mail: [email protected].

SUPPLEMENTARY INFORMATION:

I. Introduction

    The Nuclear Regulatory Commission (NRC) is issuing a license 
amendment to terminate Special Nuclear Material License No. SNM-00007 
issued to Battelle Memorial Institute (the licensee) and to authorize 
for unrestricted use its former North Nuclear Sciences Site, located 
near West Jefferson, Ohio. An NRC approved decommissioning plan (DP) 
(ML003711118), which references an U.S. Department of Energy 
Environmental Assessment, and Finding of No Significant Impact, was 
incorporated into the licensee's license by Amendment No. 23, on August 
25, 2000 (ML010410001). These documents addressed the impacts of the 
licensee's actions to decommission its former byproduct and special 
nuclear materials research facilities and associated site, including 
final status survey plans and the licensee's intent to terminate 
license SNM-00007. In a letter dated August 3, 2006, (ML062200140) the 
licensee requested termination of its NRC radioactive source material 
license. The NRC's staff review of the Battelle Memorial Institute's 
termination request and final status surveys are documented in a Safety 
Evaluation Report. Based on the staff review, the NRC concluded that 
all licensable radioactive material has been removed from the 
licensee's former North Nuclear Sciences Site and residual radioactive 
material attributable to licensed activities does not exceed NRC 
unrestricted use criteria.

II. Licensee Background and Staff Review Findings

    The purpose of the amendment is to terminate Battelle Memorial 
Institute's special nuclear material license and authorize for 
unrestricted release the licensee's former Nuclear Sciences Site 
located near West Jefferson, Ohio.
    Battelle's DP (ML003711118) was originally approved by the NRC 
during 1993, before implementation of the current NRC ``License 
Termination Rule.'' The unrestricted release criterion cited in the DP 
was based on current regulatory guidance in effect at that time, that 
is, concentration and surface release tables, and consistent with 
criteria outlined in an NRC letter to the licensee dated April 17, 1992 
(ML070180226). The licensee's DP was incorporated into NRC Special 
Nuclear Materials License No. SNM-00007 by License Amendment No. 23 on 
August 25, 2000 (ML010410001). This action was consistent with Title 10 
of the Code of Federal Regulations (CFR), Part 20, Section 
20.1401(b)(2), General provisions and scope, which states in part that 
``(b) The criteria in this subpart do not apply to sites which: (2) 
have previously submitted and received Commission approval on a license 
termination plan (LTP) or decommissioning plan that is compatible with 
the Site Decommissioning Management Program Action Plan criteria.'' 
Thus, the incorporation of the DP into Battelle Memorial Institute's 
license did not change the previously approved release criteria, but 
the licensee voluntarily implemented an administrative ``as low as 
reasonably achievable'' limit of 25 mrem per year dose limit throughout 
the West Jefferson North decommissioning project.
    Historically, Battelle performed atomic energy research and 
development for the U.S. Department of Energy (DOE) and its predecessor 
agencies between 1943 and 1986 at its Columbus Laboratories sites. The 
licensee's special nuclear material license SNM-00007 authorized 
byproduct and special nuclear materials for commercial nuclear research 
activities at the same locations. Between the late 1980s and 1993, DOE 
and the NRC met to discuss coordination of the Battelle Columbus 
Laboratories Decommissioning Project. As a result, DOE decided to not 
impose DOE Orders where such orders would duplicate existing 
regulations which the project

[[Page 26152]]

was already required to follow. It was agreed that the DOE would 
maintain day-to-day operational responsibility for the decontamination 
and decommissioning project, and that the NRC would impose three 
statutory responsibilities, which were to: (1) Conduct periodic 
inspections; (2) approve the release criteria used; and (3) certify the 
final release of the Battelle site. The NRC met with DOE and the Ohio 
Department of Public Health on a number of occasions to ensure good 
communications and coordination between the respective agencies.
    The NRC Safety Evaluation Report was issued in support of the 
license amendment. Based on this review, the NRC staff has determined 
that the licensee's final status surveys are adequate to demonstrate 
compliance with radiological criteria for license termination, and that 
Battelle Memorial Institute has demonstrated that the former nuclear 
research site's radiological condition complies with the radiological 
criteria for license termination. The NRC staff has reviewed the 
proposed amendment and has determined that the proposed termination 
will have no adverse effect on the public health and safety or the 
environment.

III. Further Information

    Documents related to this action, including the application for 
amendment and supporting documentation, are available electronically at 
the NRC's Electronic Reading Room at http://www.nrc.gov/reading-rm/adams.html. From this site, you can access the NRC's Agencywide 
Document Access and Management System (ADAMS), which provides text and 
image files of NRC's public documents. The ADAMS accession numbers for 
the documents related to this notice are listed in the NRC Safety 
Evaluation Report (Accession No. ML081210718). If you do not have 
access to ADAMS or if there are problems in accessing the documents 
located in ADAMS, contact the NRC Public Document Room (PDR) Reference 
staff at 1-800-397-4209, 301-415-4737, or by e-mail to [email protected].
    These documents may also be viewed electronically on the public 
computers located at the NRC's PDR, O 1 F21, One White Flint North, 
11555 Rockville Pike, Rockville, MD 20852. The PDR reproduction 
contractor will copy documents for a fee.

    Dated at Lisle, Illinois, this 1st day of May 2008.

    For the Nuclear Regulatory Commission.
Patrick L. Louden,
Chief, Decommissioning Branch, Division of Nuclear Materials Safety, 
Region III.
 [FR Doc. E8-10281 Filed 5-7-08; 8:45 am]
BILLING CODE 7590-01-P