ML073040497
| ML073040497 | |
| Person / Time | |
|---|---|
| Site: | Brunswick  |
| Issue date: | 11/07/2007 |
| From: | Bubar P, Rathbun D NRC/FSME/DILR |
| To: | Cox W State of NC, Dept of Environment & Natural Resources, Div of Radiation Protection |
| Salomon S 415-2368 | |
| Shared Package | |
| ML073040417 | List: |
| References | |
| DILR200800001 | |
| Download: ML073040497 (2) | |
Text
November 7, 2007 W. Lee Cox, III, Manager Radioactive Materials Branch Radiation Protection Section Division of Environmental Health Department of Environment and Natural Resources 1645 Mail Service Center Raleigh, NC 27699-1645
Dear Mr. Cox:
This is in response to your September 4, 2007, letter regarding the June 1, 2007, request by Carolina Power and Light Company (the licensee), also doing business as Progress Energy Carolinas, to dispose of dredged sands and sediments containing small amounts of radioactive material from the discharge canal of the Brunswick Nuclear Plant. The licensee proposed to dispose of the dredged sands and sediments at an on-site spoil pond. Your letter asked whether the Nuclear Regulatory Commission (NRC) or the State has jurisdiction over the proposed action.
Pursuant to North Carolinas Agreement State status, under section 274.b(1) of the Atomic Energy Act (AEA), North Carolina has jurisdiction over the licensees disposal of low level radioactive waste. The NRC, however, retains jurisdiction over the operation of any production or utilization facility under section 274.c(1) of the AEA. The NRC interprets operation of any production or utilization facility to include the storage and handling of radioactive wastes at the facility site by the person licensed to operate the facility.1 We understand that the licensee intends to categorize its proposed action as storage of radioactive waste rather than as disposal. If categorized as storage, the NRC would have exclusive jurisdiction over the action. This approach would require the licensees retraction of its June 1, 2007, request to the State.
The NRC will continue its ongoing regulation of the licensees operations, including the monitoring and inspection of any on-site storage of radioactive waste. Upon decommissioning of the plant, any on-site radioactive material, whether licensed or unlicensed, will be subject to the NRCs decommissioning regulations.
If you have any questions regarding this letter, please contact Dr. Stephen N. Salomon by telephone at 301-415-2368 or email: SNS@NRC.GOV.
Sincerely,
/RA/ Patrice M. Bubar for Dennis K. Rathbun, Director Division of Intergovernmental Liaison and Rulemaking Office of Federal and State Materials and Environmental Management Programs 1 10 CFR 150.15(a)(1)(i)
November 7, 2007 W. Lee Cox, III, Manager Radioactive Materials Branch Radiation Protection Section Division of Environmental Health Department of Environment and Natural Resources 3825 Barrett Drive Raleigh, NC 27609-7721
Dear Mr. Cox:
This is in response to your September 4, 2007 letter regarding the June 1, 2007 request by Carolina Power and Light Company (the licensee), also doing business as Progress Energy Carolinas, to dispose of dredged sands and sediments containing small amounts of radioactive material from the discharge canal of the Brunswick Nuclear Plant. The licensee proposed to dispose of the dredged sands and sediments at an on-site spoil pond. Your letter asked whether the Nuclear Regulatory Commission (NRC) or the State has jurisdiction over the proposed action.
Pursuant to North Carolinas Agreement State status, under section 274.b(1) of the Atomic Energy Act (AEA), North Carolina has jurisdiction over the licensees disposal of low level radioactive waste.
The NRC, however, retains jurisdiction over the operation of any production or utilization facility under section 274.c(1) of the AEA. The NRC interprets operation of any production or utilization facility to include the storage and handling of radioactive wastes at the facility site by the person licensed to operate the facility.1 We understand that the licensee intends to categorize its proposed action as storage of radioactive waste rather than a disposal. If categorized as storage, then the NRC would have exclusive jurisdiction over the action. This approach would require the licensees retraction of its June 1, 2007 request to the State.
The NRC will continue its ongoing regulation of the licensees operations, including the monitoring and inspection of any on-site storage of radioactive waste. Upon decommissioning of the plant, any on-site radioactive material, whether licensed or unlicensed, will be subject to the NRCs decommissioning regulations.
If you have any questions regarding this letter, please contact Dr. Stephen N. Salomon by telephone at 301-415-2368 or email: SNS@NRC.GOV.
Sincerely,
/RA/ Patrice M. Bubar for Dennis K. Rathbun, Director Division of Intergovernmental Liaison and Rulemaking Office of Federal and State Materials and Environmental Management Programs Distribution:
DILR r/f JKottan, RSAO, RII JKennedy, DWMEP JShaffner, DWMEP JShepherd, DWMEP APessin, OGC JHull, OGC RVirgilio, DILR MMcGowan, Environmental Supervisor Brunswick Nuclear Plant ML073040417 OFC DILR DILR NRR NRR OGC DILR DILR NAME SNSalomon:cfd RTurtil SGary SBailey FCameron/
GMizuno for PBubar DKRathbun/
PBubar for DATE 11/01/07 11/01/07 11/02/07 11/05/07 11/06/07 11/06/07 11/06/07 OFFICIAL RECORD COPY