UNITED STATES

NUCLEAR REGULATORY COMMISSION WASHINGTON , D.C. 20555-0001

DOCKETED lj c:: u;) .-~

.... ; ~ ·, l ,

November 30, 1998

'98 GEC -2 P1 :JO

MEMORANDUM TO:

FROM:

SUBJECT: REQUEST FOR HEARING OF THE REDEVELOPMENT AUTHORITY OF THE CITY OF READING AND THE CITY OF READING, PENNSYLVANIA

Attached is a hearing request of the Redevelopment Authority of the City of Reading and the City of Reading, Pennsylvania. The request was filed on November 24, 1998, in response to a notice of opportunity of hearing with respect to a license amendment request of Cabot Performance Materials (Cabot) (Docket No. 40-9027) . The proposed amendment would allow decommissioning of Cabot's contaminated sites located in Reading and Revere, Pennsylvania. The notice was published in the Federal Register at 63 Fed. Reg. 57715 (October 28, 1998) (copy attached).

The request for hearing is being referred to you for appropriate action in accordance with 10 C.F.R. Sec. 2.1261 .

Attachments: As stated

cc: Commission Legal Assistants OGC CAA OPA EDO NMSS Carl J. Engleman, Jr., Esquire Anthony T. Campitelli

Cabot Performance Materials

Secretary U.S. Nuclear Regulatory Commission Attention: Rulemaking and Adjudications Staff Washington, DC 20555-0001

November 24, 1998 Docket Number 40-9027

REQUEST FOR A HEARING

'-.

DOCKETED U (~'1'Jf'\

• • \ J

·9s NOV 27 P 2 : 1 4

The Redevelopment Authority of the City of Reading, Berks County, Pennsylvania, through

their solicitors, Timothy G. Dietrich, Esquire, Carl J. Engleman Jr., Esquire, and Rhoda, Stoudt &

Bradley, Esquires and the City of Reading, Berks County, Pennsylvania, through its solicitor Keith

Mooney, Esquire hereby submit this request for a hearing pursuant to 10 C.F.R. § 2.1205. This

request for a hearing is timely under 10 C.F.R. § 2.1205 (d). The Notice from the Nuclear

Regulatory Commission was published in the Federal Register on Wednesday, October 28, 1998. 63

FR 57715. This request for a hearing has been made within the thirty day window as set forth in 10

C.F.R. § 2.1205 (d)(l).

Introduction

1. Cabot Corporation has submitted a site Decommissioning Plan for a slag pile containing

radioactive slag located on real estate commonly known as the "American Chain and Cable Property"

in the City of Reading, County of Berks, Commonwealth of Pennsylvania.

2. The radioactive slag pile extends onto an unopened street known as "River Road" which

boarders the American Chain and Cable Property. An unopened street is an area for which a

municipality holds a right of way for a street, but the street has not been constructed and is not open

for use by the public. The City of Reading asserts title to such a right of way for River Road.

3. The Redevelopment Authority of the City of Reading, organized under the

111868/0001-62136-1

Pennsylvania Urban Redevelopment Law, 35 P.S. § 1701 et. seq., is a municipal authority having the

power of eminent domain. The American Chain and Cable Property is located in an area that has

been designated as a blighted area by the Redevelopment Authority of the City of Reading

(hereinafter referred to as the "Authority"). The Authority may seek to take title to the American

Chain and Cable Property as part of an Urban Redevelopment Plan ("Plan") which has been approved

by the Authority and the City of Reading. Under this Plan, the Authority would acquire blighted

residential, commercial and industrial properties, such as the American Chain and Cable Property,

attempt to remediate contamination under Pennsylvania' s "brownfields" statute if needed, and resell

these properties to viable entities in need of industrial properties.

4. The American Chain and Cable Property is also located in an area where the residents

have low-incomes and/or are members of minority groups. Redevelopment of this area would bring

highly desirable industrial jobs back to an area that has not been economically prosperous for many

years. Redevelopment of this area would improve the quality of life for the area' s residents.

Specific Concerns

I. The River Road Right of Way Runs Through a Portion of the Radioactive Slag Pile.

5. As previously stated, the slag pile extends onto the River Road right of way. If the

City decides to construct and open River Road, the possibility exists that there could be a release of

radioactive material.

6. Cabot Corporation' s own Radiological Assessment indicates that inhalation is the

second greatest pathway for radiation exposure at this site. Inhalation would become increasingly

important as an exposure pathway in a slag removal scenario. Constructing and opening River Road

to public use may require extensive earth moving operations in and around the slag pile. Workers

I 11868/0001-62136-1

and the public at large might be directly exposed to airborne residual radioactive material through

earth moving operations.

7. An order entered by the Nuclear Regulatory Commission would have a direct effect

on the City of Reading and the Authority. If the Nuclear Regulatory Commission were to allow the

slag to remain in the City' s River Road right of way, this might foreclose the possibility of obtaining

necessary future access to other industrial areas of the City that could be, once again, placed into

productive use.

II. The Presence of the Radioactive Slag on the American Chain and Cable Property Will Lower Its Attractiveness to Industrial Buyers and Could Subject the Reading

Redevelopment Authority to Financial Liability.

8. The Authority may decide to take title to the American Chain and Cable Property

through eminent domain proceedings in an effort to remediate the site under Pennsylvania' s

brownfields statute and subsequently redevelop and resell the property to an industrial developer.

9. The presence of the radioactive slag on the property would lower its attractiveness

to an industrial buyer because there is always the possibility that a governmental agency such as the

Nuclear Regulatory Commission, the United States Environmental Protection Agency, or the

Pennsylvania Department of Environmental Protection could seek to hold a subsequent buyer of the

property responsible for any future environmental issues arising from the slag pile.

I 0. If the Authority obtains and retains title to the land upon which the slag pile is located,

the Authority would take the same risk of future governmental enforcement action in the event of any

problems with the slag pile. Any action against the Authority would jeopardize the future viability

of the Authority to reclaim blighted areas in the City of Reading and return them to a productive

state.

I I 186810001-62136-1

WHEREFORE, as Solicitors for The Redevelopment Authority of the City of Reading and

the City of Reading, we respectfully request a hearing in this matter.

111868/000 1-62136-1

RHODA, STOUDT & BRADLEY

By: ~i~---/,E~. Timothy G. Dietrich, Esquire Carl J. Engleman Jr., Esquire Solicitors for the Reading Redevelopment Authority Berks County, Pennsylvania Sixth Floor, The Berkshire 501 Washington Street, PO Box 877 Reading, PA 19603-0877 Telephone: (610) 374-8293 Telecopier: (610) 374-6061

By~ City of Reading Department of Law City Hall, Room 2-54 815 Washington Street Reading, PA 19601-3690 Telephone: (610) 655-6208 Telecopier: (610) 655-6427

United States Nuclear Regulatory Commission Docket Number 40-9027

OOCt'. r:-TEO US~'.RC

.98 NOV 27 P 2 : 1 4

CERTIFICATE OF SERVICE OF . RLH ! . .

I, Carl J. Engleman Jr., Esquire, do hereby certify that a true anc;tl,~tirec;t copy of the Request

for Hearing from the Redevelopment Authority of the City of Reading and the City of Reading was

served upon the following by mailing the same by express mail, postage prepaid, on the 24th day of

November, 1998:

Secretary United States Nuclear Regulatory Commission Attention: Rulemaking and Adjudications Staff Washington, DC 20555-0001

Executive Director for Operations, United States Nuclear Regulatory Commission Washington, DC 20555-0001

Cabot Performance Materials Attention: Mr. Anthony T . Campitelli P .O. Box 1608 Boyertown, PA 19512

RHODA, STOUDT & BRADLEY

By: CJ/ ~k ti ; £.i'"j Carl J. Engleman Jr. , Esquire 501 Washington Street, Box 877 Reading, PA 19603-0877 (610) 374-8293

Dated: November 24, 1998

I 11868/0001-6284 7-1

Federal Register~Vol. 63, No. 208/Wednesday, October 28, 1998/Notices 57715

O>Jlllllission, in accordance with the shipped whole, via barge, or segmented human environment. Accotdingly, the ~ons. Storing the vessel on-site · and shipped, via truck, to the disposal Commission has uetej:mined not to .,so years before removal is similar to facility. Depending on the package prepare an environmental impact tilt SAfSTOR decommissioning shipped, NRC and/or DOT exemptions statement for the proposed exemption . . ~tive, which was.addressed in · might still be required. The GTCC This application was.docketed under 7

jvRE<r-0586, "Ffual Generic internals would be shipped at an part 71; Docket 71...-9271. For further fovirOIIJilental•Impact Statement on. unkJ!own date in the1uturewhen a details about'this-actiollf see Ilookets .. J)eOOmmissi.oning of Nuclear Facilities." sUitable repository becomes availablEl'to , . 50:-344 and-72-017, which.ate avaiiable ()l-site storagErfor 50years-is not1

·- accept the waste.··· . . for public inspectjon.atthe :' . · c:onsfsteI~t ':"1~ the. DECO~ ;;..: , · · ~diatiorrexposµre~ior ~! propo.sed - Commission's-P:Ublic.J:Jocument Room.· ~ss1orung ~temative that was . • . action-and.the otherrdi~p:os1tion optiomF .·2120 L' Street, NW, Wasbmgton;:DC · ,.tected· by PGg:and:apPro.ved ·by;NR.e.,r .• ,:·we.re analy.zed-fm::.on-Site personnel; • 20555, and the tOcal Pu15lic ~ent' · 'J1ie D~N 'tlecommissioning. . trans.portatio~ ·_persODDe~·:8eneraJ ,• . · , Room at POrtlmd-'State Ufilversity;• ~ •. a}ternativ,e has also .~JLaccep_~ed and , publlc, and di$.pos~ fac_1lity workers. ~ Library, Science·Eibrai:y;'Al5l Southwest' apprQVed by the State of~ for the'- TI;le number of radioactive waste Hall Street, P.ortland,.Oregon 97201. · decOJDIDissioµing .of-the Trojari:.Nuclearv.. shipments fQu1ach scenario was based · , · · plailt. On'-'Site.stomge of th'e.niactor~ ,{ . · .. on the•amount and.configuratjon of the •-. Dated at Rockville, MD, tlils 22qd day of vessel woul&tresWt,in:ietainingrthe;-p~, · ,. waste Rrociuce<L 11ose.estimates do not , ~ .Octo~r 1998. 50 lieense and.necessmystaff to ... . include· doses-resulting.from on~site=' : . For the Nuclear Regulatory'Omunission.'" Jllafotain'mdiological contlolS'.and:other· storage and future·shipme~t ofG~ · '· M. Wayne-Hodges, .·•· · ~ 50.-reqt.µred: p~s. ·Ot:b.er results ... ~astdaa.·waste repository {date and'·' '. Acting Director, SpeptFuel -&ciject'Office, .. . · tnclude..but arp..1lot limited.tot.'-" . . Slte unknown}. - · OfficeofN.udearMaterial:Safetytmd .

monmmce of-'!eCJUired periodic ·· . The proposed TRVP. aciion bas:.one•, Safeguards. ~ .... -"· .. Days; in~ exposme<to·workers, .radioactive waste· shipment·and>dotal. . (FR D&;. 9~8813 _Filed 1~7...,98; 8:45-llin)•

and.increasedrost. Althoush',... · expo11ure of0-.674.person-Sv (67.4- .- · BIUJNO c;ooe-~1~": 1 ,~ .... , ..

radioactive decay would-reduce ~. " person-rem). [0.671 person~sv (67.1 shielding requirements, the reactor person-rem) of occupation:al.exp.osure:..to· vessel would still ·have to be-disposed , omsite personnel]. Ahernative .A'is. · · NUCu:AR-ffEGOt'ATORY; .,,. of using one.ofthe-alternatiYEJs. _ .. , inconsistent with·theNRC-approved · COMMISSION' h .. ',- . '

described.below. Since insignificairt decommissionilrg-plalrfor'the•$ite, and . gain wouldbe realized, .this-scenarlo - · th11..impacts d~ not ~ffer significantly·· · [Docket N'o: ~ ~·,. . • was not evaluated-further. .from the'Proposed action. Altemative-B

B .,,_.1;&1, d R - ct Vi .1 d would entail three radioactive waste . muw1.e ea or esse1 an bl d tal f

1nte al ·R ru (Modi/i . d TRVP' - s pments.an a to exposure-a o_.881 . rn s emov: 1 e .. ' person-Sv (88.1 person-rem) (0.878

Disposal of thtrreacto11vessel in oae,.. f'person:sv (87~8 ,person-rem) of _.. . piece with onlythe non-greater th -~ 1· cX:cupational.'Bxposure to on.site. ·.

NOtlce of Consideration ·of Amendment Request for Decommissioning the ,.. C&bot Perfonnance Materlala Reading,, Pennaytvanla, Site, and opportunity fo~aHc?art~g •

Cla~ C (nop-GTCC)_ intemals\Jeft inside. \t ~i'Sonne'l].':Altetnative c .wollld involve '.111&.llR~ 'wi_!h all ~tem,als'1Dclu~edi, . 47 tadioai::tive ~s~ shipments and .a . The U.S. Nuclear R~ory ~s classifie_d~lass Owaste. Certain· . t~al expo8WS'~I t.asg-w l.:JQQperson- Commission (m{C) is considering~ mtemal~,-ifmmcwed~m.tli:e:.IDRVP_; . ~- .. Sy{t38;'9 to ~39i9. petsan~'rem)·(t.332 issuance.of a.}icense amendment;to . -"ould ~ly bly,ctlas~~ ·as C(;TCC )._. _ pers~n~v u33.2 person•rem) -of , • Solll'C8>Material hiceDse:Mo.-SM~1562

ne. The:.GI'eC"mtemals,woulcf.lunre ·, · ··occupational exposure to on-site ·-. to authorize decommissio~'.Of the oe ~anted unde~r, placeaintoc per8onnelt: ·. ··• ~· . · C8bot PerfoniiQJ.iC8"Materials (CA'BOI'}.

containers, and stored m<the--spent fuel::.-~-..: - · , • . - . Reading,·P.ebn8ylva¢a,.site. This ' pool or the.independent$pent {\Jel'. · · Age .. oies;-and-PersollS Coiltacted.. license is issued to CABC>Tlo Rossess· storage installatit>n.'{ISFSI) at th" Tiojm . Offtcials'from the IXlTmffice of . contaminated· material atit$·Readins· Site. The<vessel and 1'Jtnaining internals Hazardous Materials Technology, and and :Revere. Pennsylvania\ 'sites. NRC would be'shlpped via barge--ina single the U.S, Goast·Guard, Marine Safety licenses these facilities'under .10 CFR package similar to ~e TRVPaltemative. · Offlce'/CroupJ>ortliind,.wertrcontacte~ ,, Part 40. Specifi~ly, the license ,- · Dependingt>l\the 1,>ackage shipped;•' ''-. -'regardingll:npaets-of'the;proposed authorizes ·CABOT to pos~lOO'.,,tohs NRC mtd7 or 001' exemptiollS' might still. .. action and had 'lll>'<:oncems. . of elemental uranium· an:d ,thorium total · be,requite(k The-GTCC internals would :- F' din Of N "'S'~.U' tlm act at both sites. ·The c:ontaillinated material be shipped.at an wiknown date in the m 8 ~ ·~an P li.t the Reading:stte'.i'St-in-tlie.fonn of slag future when .a suitable repository · ~ The-environme{lta} impacts 'Of the • and soil·located-o'ii ~1Aoo :oh s-lope. · becomes-available to ace!'ieJ)t tlie waste.- r- - propoged,action hav~ been reviewed in The<contamihatton'is'thEJ reS'lllt-of ~ ·

. . . .. accordance with.:the requiremen~ of · processing 01'$ whiclr eontained', .. C. Separate Disposal ... part 51. Based on.the foregoing··~- the uramUm. and'thoriwn

Separote'fl.ispos.al ofethe. reactor vessel Commission fimh; that.the proposed- On August'28, 1998, the licensee and internals. The reactor :vessel action..oh,~.Gnmting an exemption - submitted a site decommissioning plan internals would be segmented -~ from.to CFR 71:71(o)(7};'sb that.PGE -· (SDP) to NRC for revi~W. The-SDP. . underwater. The non-GTCG-intemal&. . need not evaluate ·a free drop of 0.3 m concludes thaHen.g-tenn doses from the would be placed in shielded casks and. (1 foot) lin:der normal conditions of contaminated material· at current levels shipped to the US Ecology disposal transport; and (2) granting ·an exemption meet the requirements of the facility via truck. The GTCC internals from to CFR 71.73(c)(l) and 71.73(b), so Radiologi.Cal.Criteria for License . would be stored in the spent fuel pool that PGE need not evaluate a ·free drop Termination rule (10 CFR Part 20, or the ISFSI at the Trojan site. The of9 m (30 feet) under hypothetical Subpart E) (62 FR 39058). Therefore, the reactox:. vessel would be disposed of accident conditions, will not licensee proposes that.no additional separately from the internals and either significantly impact the quality of the decommissioning is required.

57716 Federal Re~ter/Vol. 63, No. 208/Wednesday, October 2~. 1998/Notices ~

Prior to the issuance of the Pike, Rockville, MD 20852-2738, I. Self-Regulatory Organization's S( amendment, NRC will have made between 7:45 am and 4:15 pm Federal Statement of the Terms of Substance of it findings required by the Atomic Energy workdays, or by mail, addressed to the the Proposed Rule Change Act of 1954, as amended, and NRC's Executive· Director for Operations. U.S. The proposed rule c\lange establishes c regulations. These findings will be Nuclear Regulatory Commission, a practice of collecting the difference n documented in a Safety Evaluation Washington, DC 20555-0001. between a participant's required fund a Report and an Environmental For further details with respect to this deposit 2 and its actual fund deposit 3 tl Assessment. S<

NRC provides notice that this is a action, the application for amendment is more frequently than monthly. \\

proceedin:_g on 8n application for a available for inspection at NRC's Public Il. Self-Regulatory Organization's license amendment falling within the Document Room, 2120 L Street NW .• Statement of the Purpose of, and (1

scope of Subpart L, "tnfonnal Hearing Washington, DC 20555-0001. Statutory Basis for, the,Proposed Rule s Procedures for Adjudication in FOR FURTHER INFORMATION CONTACT: Change Materials-Licensing Proceedings," of Timothy E. Harris, Low-Level Waste and In its filing With the Commission, p NRC's rules of practice for domestic Decommissioni.Ilg Projects Branch, DTC included statements concerning b licensing proceedings in 10 CFR Part 2. Division of Waste ManagemePt, Office the purpose of and basis for the a Pursuant to§ 2.1205{a), any person of Nuclear Material Sa~ty and proposed'rule change and discussed any p whose interest may be affected by this Safeguards, U.S. Nuclear Regulatory comments it received on the proposed (1 proceeding may file a request for a Commission, Washington, DC 20555- rule change. The_ text of these statements s ,..- hearing in accordance \,"Vith § 2.1205{d). 0001. Telephone: {301) 415-6613. FIJ,X.: may be examined at the places specified F I\ request for a hearing must be filed {301) 415-5398. in Item IV below. DTC has prepared A within thirty (30) days of the date of summaries, se\ forth in sections (A), (B), publication of this Federal Register Dated at Rockville, Maryland, this 20th day

and (C) below, of the most significant notice. of October 1998. fJ The request for a hearing must be For the Nuclear Regulatory Commission.

aspects of such statements. 4 D

filed with the Office of the Secretary John W. N. Hickey, . (A) Self-Regulatory Organization's 0

either: Statement of the Purpose of, and [

1. By delivery to Secretary, U.S. Chief Low-Level Waste and Decommissioning Statutory Basis for, the Proposed Rule tJ

Projects Bronch, Division of Waste Nuclear Regulatory Commission, One Management, Office bf Nuclear Material Change f l

White Flint North, 11555 Rockville Safetyand Safeguards. Currently, DTC calculates each d

Pike, ·Rockville, MD 20852-2738, between 7:45 am and 4:15 pm Federal [FR Doc. 98-28815 File~ 10-27:-98; 8:45 am] . . participant's required fund deposit r workdays; or BILUNO COOE 75'0-01-¥ daily. If a participant's required fund p

2. By mail or telegram addressed to deposit exceeds its actual fund deposit, (

Secretary, U.S. Nuclear Regulatory· DTC requires the participant to deposit . Commission, Washington, DC 205~5- the difference into DTC's participant p 0001. Attention: Rulemaking and SECURITIES AND EXCHANGE fund on a monthly basis: The proposed i Adjudications Staff. COMMISSION rule change will further minimize DTC's a

,... • In addition to meeting other exposure by providing for the collection n applicable requirements of Part 2 of-the [Release No, 34 40588; Fiie No. SR-OTC- of the difference betwee~ a participant's 1( '2RC's regulations, a request for a 98-13) required fund depos.it and actual fund p hearing filed by a person other th~ an deposit on a daily basis under certain (i applicant must describe in detail: Self-Regulatory Organizations; ;rhe circumstances. (

1. The interest of the requester in the Depository Trust Company; Notice of Under the proposal, DTC will

proceed.in~ - Flllng of Proposed Rule Change calculate a participant's actual and · r 2. How t interest may be affected Relating to Establishing a Practice of required fund deposit daily and require

by the results of the proceeding, Collecting the Difference Between a a participant to deposit the difference if v including_ the reasons why the requester Partlclpanfs Required Fund Deposit two conditions'are met. First, the s should be permitted a hearing, with and Its Actual Fund Deposit More amount of the difference between the r particular. refer:ence to the factors set out FrequentlY. funds must be equal to or exceed in§ 2.12~5(h); > $500,000, and second, the difference .

3. The requester's areas of concern Pursuant to Section 19(b)(l) 1 of the must represent 25% or more of the s about $,e licensing activity that is the Securities Exchange 'Act of 1934 newly calculated required fund deposit. a subject matter of the proceedin~d ("Act"), notice is heieby given that on Under such circumstances, the ii

4: The circumstances establis · g that June 11, 1998, The Depository Trust participant will be required to deposit c the request for a hearing is timely in COmpany ("DTC") filecl with the the difference into DTC's participant F accordance with§ 2.1205(d). Securities and Exchange Commission fund within two business days of the s

In accordance with 1o·CFR 2.1205(£), ("Commission") the proposed rule day the difference was calculated. This ~

each request for a hearing must also be change 'as described in Items I, Il, and new standard will ensure that DTC's (

served, by delivering it personally or by resources are ·sufficient to complete " mail, to: m below, which items have been prepared primarily by DTC. DTC s

1. The applicant, Cabot Performance •Required fund deposit is defined in DTC's Rule a Materials, P.O. Box 1608, Boyertown, amended the proposed rule change on 1 as the amount a participant is required to deposit \' Pennsylvania 19512, Attention: Mr. July 29, 1998. The Commission is to the participant's fund. c Anthony T. Campitelli, and; publishing this notice to solicit •Actual fund deposit is defined in DTC's Rule 1 l

2. NRC staff, by delivery to the comments from interested persons on as the amount a participant has deposited to DTC's c

Executive Director for Operations, U.S. the proposed rule change. participant fund, including both its required fund .deposit and any voluntary fund deposit. F Nuclear Regulatory COmmission, One •The Commission has modified the text of the

White Flint North, 11555 Rockville 1 15 U.S.C. 78s(b)(l). summaries prepared by OTC.