CY-04-100, Request for Exemption from 10 CFR 20 Appendix G Section Iii.E

Request for Exemption from 10 CFR 20 Appendix G Section Iii.E

ML041680573
Person / Time
Site:	Haddam Neck File:Connecticut Yankee Atomic Power Co icon.png
Issue date:	06/01/2004
From:	Bouchard G Connecticut Yankee Atomic Power Co
To:	Document Control Desk, NRC/FSME
References
-RFPFR, CY-04-100
Download: ML041680573 (3)

Text

, CONNECTICUT YANKEE ATOMIC POWER COMPANY HADDAM NECK PLANT t:1 - 362 INJUN HOLLOW ROAD

• EAST HAMPTON, CT 06424-3099 Docket No. 50-213 CY-04-1 00 Re: 10 CFR 20.2301 IN I W04 U. S. Nuclear Regulatory Commission Attention: Document Control Desk Washington, D. C. 20565--0001 Haddam Neck Plant Request for Exemption from 10 CFR 20 Apnendix G Section III.E In accordance,with 10.GCFR 20.2301, Applications.for Exemptions, Connecticut YankeeNAqtomic '.PowerC.ompan.y (Q)C A js h.r.eby, reqUesuing .,an exemption from the.requirernents of40 Section lI .EtdV irve'tetand ,C.Fa20,eppedixG, report-to, the IU:,SLNuclear Reeguiatory Cwomission,(NR;Cj, hen C PC dods not'receive;acknowledgernent.of receipt .of a shippment,.or p'art.6fia'§,hiplriht, of low-level radioactive waste :within twe'nty(20) dsafter Transf.Th'i're gquested exemption would be for-truck andcombination, of truck/rail,and potential future barge/rai shipments.. CYAPCO.,is requesting 'that for.truck .a'nd combination truck/rail and potential future combination barge/rail shipments.from the Ha'ddam Neck Plant (HNP).., facility, the time, period . for CYAPCO to receive acknowledgement.that.the shipment has been.received by the intended recipient be extended from 20 days to 35 da'ys.

Background

CYAPCO is in the process of.'decommissioning the HNP. Inherent to the decommissioning process, large volumes of slightly contaminated concrete rubble and debris aregenerated and require disposal., Currently CYAPCO transports low-level :radioactive. waste via. truck'-and conmbination truck/rail from the :HNP: facility ..to. Envifoca're' of. Utah's. ,disposal,. facility. in'. Clive, ',Utah.

Historically,-.the.transportation time,.has 'either occasionall'y'.e'xceeded'the'twenty (20);> day.,.reportin.rg -:requiremrerit .or-barel -i'net thetw . .,day.

requirement. -Beginnipg in,year.2003, .over .40 ,shipments ,hav ,be' ,rnade,

.truck..and;..combination'truck/rail -from 'the .IN to Et'irocar. ,CYAPCO h'as procedures to track- the-progress of.the shipinents to.ensure compliance 'with the requirementsof%10 CFRz20, .Appendix"G..ln addition;'MHF Logistic'aVSolutions,

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Document Control Center CY-04-100/ Page 2 the carrier used by CYAPCO, also monitors the progress of the shipments. A review of the historical data indicates that transportation time alone for shipments by truck and combination truck/rail took over 21 days on average and, on occasion, has taken up to 25 days. Administrative processes at Enviocare and typical mail delivery times could add up to 4 days in addition to the transportation time. These truck and combination truck/rail shipments and potential future combination barge/rail shipments are expected to continue throughout decommissioning of the HNP.

A similar exemption request from the reporting requirements of 10 CFR 20, Appendix G, Section III.E was submitted by Southern California Edison (Docket Nos. 50-206, 50-361, and 50-362) on January 26, 2004 for rail and combination

--- truck/rail shipMents to Clive, Utah. The requested exemption request is currently under NRC review.

Justification for Exemption In accordance with 10 CFR 20.2301, Applications for Exemptions, "The Commission may, upon application by a licensee or upon its own initiative, grant an exemption from the requirements of the regulations in this part if it determines the exemption is authorized by law and would not result in undue hazard to life or property.'

I. The Requested Exemption is Authorized by Law There are no provisions in the Atomic Energy Act (or in any other federal statue) that impose a requirement to investigate and report to the NRC low-level radioactive waste shipments that have not been acknowledged by the intended recipient within 20 days after transfer. Therefore, there is no statutory prohibition on the issuance of the requested exemption and the NRC is authorized to grant the exemption under law.

II. The Requested Exemption Would Not Result in Undue Hazard to Life or Property-r op y - _ _ --

~ o -ert The intent of 10 CFR 20, Appendix G, Section III.E is to require licensees to investigate, report, and trace radioactive shipments that have not reached their destination as scheduled for unknown reasons. The carrier used by CYAPCO, MHF Logistical Solutions, has a tracking system that allows monitoring of progress of the truck/rail shipments. The past low-level radioactive waste shipments from the HNP have arrived at their intended destination. Based on the historical data for low-level radioactive waste shipments and volumetric estimates of the remaining low-level radioactive waste at the HNP, CYAPCO could be required to perform investigations on approximately 400 shipments over the remaining decommissioning period (approximately three years) and report to the NRC that notification of receipt was not received within 20 days of transfer for

Document Control Center CY-04-1 00/ Page 3 shipments even though they were tracked throughout transportation and were received at the intended destination. Therefore, compliance with the rule and reporting to the NRC does not serve the underlying purpose of the rule and is not necessary. As a result, granting an exemption to CYAPCO for truck shipments and combination of truck/rail and potential future barge/rail shipments of low-level radioactive waste to Envirocare of Utah or the other intended recipient results in no undue hazard to life or property.

Conclusion The information provided gives the NRC sufficient basis for granting CYAPCO an exemption from 10 CFR 20, Appendix G, Section III.E. Under the exemption,

_CYAPCO would not be required to report in accordance with 10 CFR 20, Appendix G, and Section 1Il.E nIless afaxe or hard copy of the-signed NRC form 540 (or NRC Form 540A if required) has not been received by CYAPCO within 35 days of the shipment leaving the HNP. This exemption applies to truck shipments and combination truck/rail and potential barge/rail shipments of low-level radioactive waste from the HNP.

CYAPCO requests that the NRC approve this exemption request at your earliest convenience.

There are no regulatory commitments contained in this letter.

If you should have any questions regarding this submittal, please contact Mr. G.

P. van Noordennen at (860) 267-3938.

Sincerely

.. oucrd Date

--Director of Nbclear Safety andes Regulatory Affairs cc: H. J. Miller, NRC Region 1 Administrator T. B. Smith, NRC Project Manager, Haddam Neck Plant R. R. Bellamy, Chief, Decommissioning and Laboratory Branch, NRC Region I E. L. Wilds, Jr., Director, CT DEP, Monitoring and Radiation Division