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CBS Corporation

1.0 Site Identification

2.0 Site Status Summary

The TR-2 License was amended in March 1963 to allow possession, but not use of the reactor. The Westinghouse Test Reactor, located on the Waltz Mill site, is undergoing decommissioning in accordance with the Final DP which was approved in September 1998. Radiological contamination in soil and groundwater exist on a portion of the site as a result of the clean-up activities following a 1961 incident at the test reactor, waste segregation activities, and nuclear laundry services. Significant contamination is also present in retired facilities (hot cells, hot cell support rooms, and a section of the fuel transfer canal) within one of the site buildings. Contaminants are primarily strontium-90 (Sr-90) and cesium-137 (Cs-137), with lesser quantities of mixed fission, activation products, and trace levels of transuranic radionuclides.

The Waltz Mill Facility consists of a test reactor (TR-2) and the remaining portion of the facility. The test reactor is covered by license TR-2 while the remaining portion of the facility is covered by license SNM-770. CBS (formerly Westinghouse Electric Corporation), operated the Waltz Mill Facility and possessed both licenses The TR-2 License was amended in March 1963 to allow possession, but not use of the reactor. The Westinghouse Test Reactor is undergoing decommissioning in accordance with the Final DP which was approved in September 1998. Radiological contamination in soil and groundwater exist on a portion of the site as a result of the clean-up activities following a 1961 incident at the test reactor, waste segregation activities, and nuclear laundry services. Significant contamination is also present in retired facilities (hot cells, hot cell support rooms, and a section of the fuel transfer canal) within one of the site buildings. Contaminants are primarily strontium-90 (Sr-90) and cesium-137 (Cs-137), with lesser quantities of mixed fission, activation products, and trace levels of transuranic radionuclides. The TR-2 DP required removal of designated portions of the shutdown reactor as necessary and sufficient to terminate the Part 50 portion of the license. At that point, the remaining residual radioactive materials would be transferred to SNM-770 where they would continue to be controlled under that license. The DP did not include or provide for any criteria or provide for any unrestricted release of the facility. In 1997, Westinghouse Electric Corporation acquired the CBS Corporation. On December 1, 1997, Westinghouse Electric Corporation changed its name to CBS Corporation. In March 1999, CBS sold its commercial nuclear business to BNFL. However, CBS retained the TR-2 license since a foreign entity (BNFL) could not possess the TR-2 license. BNFL created a new subsidiary, Westinghouse Electric Company, LLC, (Westinghouse), which became the holder of the SNM-770 License. Westinghouse, LLC and CBS entered into a project management agreement whereby Westinghouse agreed to act as CBS's decommissioning project manager for the TR-2 reactor. In early 2000, CBS and Viacom agreed to merge. On April 13, 2000 the NRC issued an order transferring the license from CBS Corporation to Viacom, Inc. As a result of a December 31, 2005 Viacom restructuring, the Viacom in existence in 2005 was renamed the CBS Corporation. While a "new" Viacom was originated and specific assets transferred to the new Viacom, the TR-2 reactor and associated structures remained with the existing company now called CBS Corporation. The reactor pressure vessel and pressure vessel internals have been removed in accordance with the DP, as has all of the biological shield that needed to be removed in order to remove the pressure vessel. Two provisions of the DP still need to be accomplished: determining the residual radioactivity remaining in situ and preparing the necessary amendments for and requesting the transfer to the SNM-770 license.

3.0 Major Technical or Regulatory Issues

Viacom and Westinghouse were engaged in a commercial dispute and were involved in arbitration to resolve the disputed issues. On July 20, 2007 the Arbitration Panel issued its Final Arbitration Opinion and Award deciding all issues between CBS and Westinghouse. The Panel awarded specified net damages to Westinghouse and directed that the amount of the award be placed in an escrow account and paid to Westinghouse when (1)the NRC has terminated the TR-2 license and transferred the remaining residual activity and structures, materials and equipment now subject to the TR-2 license to the SNM-770 license held by Westinghouse; (2)Westinghouse has accepted the transfer; and (3) the NRC has released CBS from all financial assurances concerning the TR-2 and SNM-770 licenses. CBS has informed Westinghouse that once these three conditions are satisfied it intends to withdraw its hearing request and the underlying application. Similarly, CBS has also informed Westinghouse that once these three conditions are satisfied, CBS's pending request to amend the SNM-770 criteria in its TR-2 license will also be withdrawn as the TR-2 license will no longer exist. A conference call was held on October 22, 2007 between Westinghouse, CBS, Region I and NRC Headquarters to discuss the steps forward. On December 6, 2007, CBS submitted an amendment request to terminate the TR-2 license and withdrew its October 29, 2002 request to terminate the license. In addition, CBS also withdrew its July 12, 2006 application to amend the TR-2 Final Decommissioning Plan, Rev. No. 1 and its related July 12, 2006 application for a declaratory order with respect to the remediation criteria in the SNM-770 license. CBS also requested permission to withdraw its decommissioning financial assurance for both the TR-2 and SNM-770 licenses upon the NRC's acceptance of appropriate substitute financial assurance provided by Westinghouse Electric Company LLC under its SNM-770 license. On December 6, 2007, Westinghouse filed an application to amend its SNM-770 license to accept the transfer of the TR-2 residual radioactivity materials, structures and equipment. Transfer of materials, structures and equipment is anticipated to occur by March 31, 2008. Termination of the TR-2 license is anticipated by April 30, 2008.

4.0 Estimated Date For Closure

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Monday, April 14, 2008