Department of Energy
    Nevada Operations Office
    P.O. Box 98518
    Las Vegas, NV 89193-8518

    July 17, 2001

     
    Robert R. Loux
    Executive Director
    Office of the Governor
    Agency for Nuclear Projects
    1802 N. Carson St., Suite 252
    Carson City, NV 89701

    ACCEPTANCE OF LOW-LEVEL RADIOACTIVE WASTE FROM THE WEST VALLEY DEMONSTRATION PROJECT (WVDP), FOR DISPOSAL AT THE NEVADA TEST SITE (NTS)

    I have received you letter of concern regarding the National Nuclear Security Administration Nevada Operations Office's (NNSA/NV) proposed acceptance of the referenced waste from the DOE West Valley Demonstration Project. Mr. Gertz has also informed me that the Nevada Division of Environmental Protection (NDEP) has previously expressed similar concerns about the proposal to this waste disposal.

    As you have mentioned, in our response to NDEP's January 25 letter we attached a position paper entitled "Disposal of West Valley Demonstration Project Low-Level Waste at a Department of Energy Disposal Site." Our office of Chief Counsel informs me that the paper, which clarifies DOE's responsibility for management and disposal of the West Valley waste, pursuant to the West Valley Demonstration Project Act, does represent the legal position of DOE with respect to that issue.

    With respect to your concern regarding a potential for other non-DOE commercial low level waste streams to be disposed of at our site, let me reassure you that there are no such plans or preparations. Furthermore, to the extent that the acceptance of West Valley Project Waste is based on legal authority specific to the particular waste, DOE's decision should not be viewed as implication any other waste streams.

    We are proud of the positive working relationship that NNSA/NV and NDEP have developed regarding NNSA/NV's low level waste program. We look forward to continuing that relationship and addressing concerns such as those you have expressed, in carrying out the parties' roles and responsibilities under the Joint DOE/State Low Level Waste Oversight Program, Attachment X to our Agreement in Principle.

    Should you need any further clarification, pleased contact Sharon A. Hejazi of our Office of Chief Counsel (702) 295-1347
     
    Kathleen A. Carlson
    Manager
     
    cc:
    P.J. Liebendorfer, NDEP, Carson City, NV