ORDERS:
CONSENT ORDER OF DISMISSAL
WHEREAS the parties to these
consolidated contested cases have reached an agreement that will dispose of
these pending cases and the parties jointly move for the entry of this order,
this action is hereby dismissed pursuant to the following terms.
AGREEMENT OF THE
PARTIES
This Consent Order of Dismissal
is entered into between the South Carolina Department of Health and
Environmental Control (“Department”) and Exelon Generation Company, LLC
(“Exelon”) to resolve issues regarding radioactive waste transported by Exelon
to the EnergySolutions Disposal Facility in Barnwell, South Carolina
(“Barnwell site”). The Department and Exelon stipulate to the following
findings and conclusions in furtherance of resolution of this matter. The
matters set forth below are for settlement purposes only and are not intended
as admissions on the part of Exelon of any liability or wrong-doing, or of any
violation of applicable regulations, statutes, and standards.
1. On December 28, 2006, the Department received an Application for a
Radioactive Waste Transport Permit from Exelon that included the following
certification, signed by a representative of Exelon:
In
compliance with Act 429 of 1980, the South Carolina Radioactive Waste
Transportation and Disposal Act, and Department Regulation 61-83, I hereby
certify on behalf of the named applicant to the South Carolina Department of
Health and Environmental Control that: (A) the named applicant will comply
fully with all applicable laws and administrative rules and regulations, both
State and Federal, and any disposal facility radioactive material license
requirements and criteria regarding the packaging, transportation, storage,
disposal and delivery of such wastes . . . .
2. On January 9, 2007, the Department issued South Carolina Radioactive
Waste Transport Permit Number 0178-12-07-X (Permit) to Exelon, effective
through December 31, 2007.
3. On July 9, 2007, EnergySolutions conducted an inspection of
radioactive waste shipment number 0607-13412, classified as Radioactive
Material, Type B (U) Package (covered under Exelon’s Permit) at EnergySolutions.
The radioactive waste disposal package was removed from the TN-RAM shipping
cask and offloaded into a waste disposal vault within the trench. Upon
completion of the offload, EnergySolutions performed a survey of the
internal areas of the cask, as required by Department regulation and the
disposal site criteria. EnergySolutions detected, and the Department
verified, removable contamination, in the form of a small flat chip of debris,
with an exposure rate of 35.0 Rem/hour. The debris was removed from the
shipping cask using a remote handling tool and disposed of onsite.
4. The presence of the debris presented a potentially significant risk to
EnergySolutions and Department employees present at the Barnwell site;
but, due to the actions of those staff, there is no indication that any EnergySolutions or Department employees received doses from the debris in excess of applicable
personal exposure limits. Furthermore, there is no indication the
public-at-large was exposed in excess of any allowable limits.
5. On August 21, 2007, the Department issued a letter to Exelon (Haynes to Spears),
stating that Exelon’s Permit was being suspended, effective August 22, 2007,
for a period of not less than thirty (30) days, as required by Department
Regulation Number 61-83, Section 7.1. Exelon filed a request for a final
review conference with the Department’s Board on September 4, 2007, which
rendered the suspension letter non-final. However, on September 13, 2007, the
Board issued a letter to Exelon (Longshore to Exelon), stating that the Board
had decided not to conduct a review conference. Exelon then filed a request
for a contested case with the S.C. Administrative Law Court (ALC) on October
15, 2007.
6. On October 8, 2007, based on the same stipulated findings, the
Department issued a Notice of Violation to Exelon. Thereafter, on December 19,
2007, the Department issued Administrative Order 07-02-RW to Exelon. Exelon
filed a request for a final review conference with the Department’s Board on
January 4, 2008. The Board, on January 17, 2008, declined to conduct a review
conference and Exelon filed a request for a contested case with the ALC on
February 19, 2008.
7. On October 17, 2007, Exelon submitted information to the Department
detailing corrective measures and procedural modifications addressing shipment
number 0607-13412. On October 26, 2007, the Department approved the corrective
measures taken and procedural modifications made by Exelon.
8. Based on the above stipulated findings, and without Exelon admitting to
any liability or wrong-doing, or of any violation of applicable regulations,
statutes and standards, the parties further stipulate that Exelon has violated
the following:
A. Transportation of Radioactive Waste Regulation 61-83, Section 1.2,
in that Exelon failed to comply with all applicable provisions of S.C.
Radioactive Material License #097, Amendment No. 47, and the Barnwell Waste
Management Facility Site, Disposal Criteria EnergySolutions Systems,
Document # S20-AD-010, (Barnwell Disposal Site Criteria), regarding the
packaging, transportation, disposal, storage, or delivery of radioactive
materials.
B. S.C. Radioactive Material License #097, Amendment No. 47, Condition
26, in that Exelon failed to notify the Barnwell Licensing Department in
writing prior to shipment of removable contamination and/or unexpected high
radiation levels on the disposal container and/or cask interior surfaces.
C. S.C. Radioactive Material License #097, Amendment No. 47, Condition
61, in that Exelon shipped prohibited radioactive debris on the exterior of the
disposal container and/or interior cask surfaces.
D. Barnwell
Disposal Site Criteria, Section 13.1.3, in that Exelon failed to minimize loose
contamination within and on cask surfaces, to provide contamination control at
the disposal facility.
9. The Department considers the violations associated with this Exelon
shipment to be radiological violations under the S.C. Radioactive Waste
Transportation and Disposal Act of 1976, S.C. Code Ann. § 13-7-110 et seq. (Supp. 2007). Exelon considers the violations to be non-radiological
violations under the Act.
10. NOW,
THEREFORE IT IS AGREED with the consent of Exelon and pursuant to the South
Carolina Radioactive Waste Transportation and Disposal Act of 1976, S.C. Code
Ann. § 13-7-180 and the Transportation of Radioactive Waste Regulation 61-83,
that:
A. As
of October 12, 2007, Exelon suspended shipments for a period of more than fifty
(50) days. Exelon’s suspension satisfied any suspension that the Department is
authorized to impose under S.C. Code Ann. § 13-7-180.
B. Within
forty-five (45) days of the filing date of this order, Exelon shall pay to the
Department a civil penalty in the amount of three thousand dollars ($3,000.00)
for the violations cited herein. The payment shall be submitted as a check
payable to SCDHEC and referencing either docket number in this matter. The
check shall be mailed to:
SCDHEC-BLWM
Enforcement
Section
Attn: Cindy
Williams
2600 Bull Street
Columbia, SC 29201-1708
C. Each
party shall bear its own costs and fees.
11. IT IS
FURTHER AGREED that the entry of this Consent Order shall vacate all prior
administrative decisions associated with Exelon’s radioactive waste shipment
number 0607-13412, including, but not limited to, the Department’s August 21,
2007 letter to Exelon (referenced in paragraph 5) and December 19, 2007
Administrative Order (referenced in paragraph 6).
12. IT IS
FINALLY AGREED that this Consent Order governs only Exelon’s liability to the
Department for civil sanctions arising from the matters set forth herein and
constitutes the entire agreement between the Department and Exelon with respect
to the resolution and settlement of the matters set forth herein. The parties
are not relying upon any representations, promises, understandings or
agreements except as expressly set forth within this Order. Any violation of
the provisions of this Order shall be deemed a violation of the South Carolina
Radioactive Waste Transportation and Disposal Act of 1976, as amended, and
therefore shall be deemed unlawful. Upon ascertaining any such violation, the
Department may initiate action to obtain compliance with both this Order and
the Act.
IT IS SO ORDERED.
__________________________________
Marvin F.
Kittrell
Chief
Administrative Law Judge
S.C.
Administrative Law Court
October 16, 2008
Columbia, South Carolina
WE SO MOVE AND CONSENT:
________________________________
Van Whitehead
Staff Attorney
South Carolina Department of
Health and
Environmental Control
1362 McMillan Avenue, Suite 400
North Charleston, SC 29405
843-953-0229
September ____, 2008
________________________________
J. Bradley Fewell
Lead Counsel
Exelon Nuclear
4300 Winfield Road
Warrenville, IL 60555
630-657-3769
October 16, 2008
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