ML080790358

John T. Conway Ltr: Humboldt Bady Power Plant Unit 3 Fuel Size Criteria

ML080790358
Person / Time
Site:	Humboldt Bay
Issue date:	05/22/2008
From:	John Hickman NRC/FSME/DWMEP/DURLD/RDB
To:	Conway J Pacific Gas & Electric Co
Hickman, John DWMEP 415-3017
References
Download: ML080790358 (6)

Text

May 22, 2008 Mr. John T. Conway Site Vice President and Chief Nuclear Officer Pacific Gas and Electric Company P. O. Box 3 Mail Code 104/6/601 Avila Beach, CA 93424

SUBJECT:

HUMBOLDT BAY POWER PLANT UNIT 3 - FUEL SIZE CRITERIA

Dear Mr. Conway:

On October 23, 2007, Pacific Gas and Electric met with U.S. Nuclear Regulatory Commission staff to discuss Humboldt Bay Power Plant decommissioning plans, schedule and issues. One of those discussion points was fuel size criteria. Specifically, you proposed to define the minimum fuel size as a pellet for purposes of disposal.

Although we do not currently have a licensing action before us, the staff has considered your proposal and determined that we do not approve of your plan to define the minimum size of fuel as a pellet. The regulations in 10 CFR Part 61 establish, for land disposal of radioactive waste, the procedures, criteria, and terms and conditions upon which the Commission issues licenses for the disposal of low-level radioactive wastes containing byproduct, source and special nuclear material received from other persons. § 61.1, Purpose and scope, states that, "The regulations in this part do not apply to (1) Disposal of high-level waste as provided for in part 60 or 63 of this chapter. In § 61.2, Definitions, low-level waste is defined as having, the same meaning as in the Low-Level Waste Policy Act, that is, radioactive waste not classified as high-level radioactive waste, transuranic waste, [or] spent nuclear fuel (emphasis added).

The regulations in both 10 CFR Part 60 and 10 CFR Part 63, which provide for disposal of high-level waste, define high-level waste as, among other things, irradiated reactor fuel. Therefore, we do not agree with the fuel size criteria that you proposed at the October 23, 2007, meeting

J. Conway 2 because fuel smaller than a pellet may still be readily determined as being irradiated reactor fuel.

If you wish to pursue this further, you may submit an exemption request.

If you have any questions on these matters, please contact me at (301) 415-3017.

Sincerely,

/RA/

John B. Hickman, Project Manager Reactor Decommissioning Branch Decommissioning and Uranium Recovery Licensing Directorate Division of Waste Management and Environmental Protection Office of Federal and State Materials and Environmental Management Programs Docket No. 50-133 cc: see attached page

J.Conway 2 because fuel smaller than a pellet may still be readily determined as being irradiated reactor fuel.

If you wish to pursue this further, you may submit an exemption request.

If you have any questions on these matters, please contact me at (301) 415-3017.

Sincerely,

/RA/

John B. Hickman, Project Manager Reactor Decommissioning Branch Decommissioning and Uranium Recovery Licensing Directorate Division of Waste Management and Environmental Protection Office of Federal and State Materials and Environmental Management Programs Docket No. 50-133 cc: see attached page DISTRIBUTION:

JWhitten RIV DBSpitzberg, RIV ML080790358 OFFICE DWEMP DWMEP DWMEP OGC DWMEP DWMEP NAME JHickman TMixon APersinko JHull KMcConnell JHickman by e-mail DATE 5/19/08 3/25/08 5/19/08 5/19/08 5/20/08 5/22/08 OFFICIAL RECORD COPY

Humboldt Bay Power Plant, Unit 3 Service List cc:

Mr. John T. Conway Site Vice President and Chief Nuclear Officer Pacific Gas and Electric Company P. O. Box 3 Mail Code 104/6/601 Avila Beach, CA 93424 James Becker Vice President - Diablo Canyon Operations and Station Director Diablo Canyon Power Plant PO Box 56 Avila Beach, CA 93424 Loren Sharp, Director and Plant Manager, Humboldt Bay Nuclear Pacific Gas & Electric Company 1000 King Salmon Avenue Eureka, CA 95503 Jennifer K. Post Law Department Pacific Gas and Electric Company 77 Beale Street, B30A San Francisco, CA Chairman, Humboldt County Board of Supervisors County Courthouse 825 Fifth Street Eureka, CA 95501 Regional Administrator, Region IV U.S. Nuclear Regulatory Commission 611 Ryan Plaza Drive, Suite 400 Arlington, TX 76011-8064 California Public Utilities Commission 505 Van Ness, Room 4102 San Francisco, CA 94102 Redwood Alliance

P.O. Box 293 Arcata, CA 95521 Dr. Rich Ferguson, Energy Chair Sierra Club California 1100 11th Street, Suite 311 Sacramento, CA 94814 Mr. Gary Butner, Acting Radiation Program Director Radiologic Health Branch Dept. of Health Services, MS-7610 PO Box 997414 Sacramento, CA 95899-7414 Stephen Hsu, M.S., Senior Health Physicist Radiological Assessment Unit Radioactive Material Licensing Section Radiologic Health Branch Dept. of Health Services, MS-7610 PO Box 997414 Sacramento, CA 95899-7414 Commissioner California Energy Commission 1516 Ninth Street Sacramento, CA 95814 Deputy Attorney General State of California 110 West A Street, Suite 700 San Diego, CA 9210