ML15062A085

Email Dtd 03/02/15 Fr R. Mckinley to M. Lampert Re Ownership Spent Fuel

ML15062A085
Person / Time
Site:	Pilgrim
Issue date:	03/02/2015
From:	Raymond Mckinley NRC Region 1
To:	Lampert M - No Known Affiliation
References
Download: ML15062A085 (3)

Text

Haverkamp, Trisha From: McKinley, Raymond Sent: Monday, March 02, 2015 8:24 AM To: Mary Lampert

Subject:

RE: owneship spent fuel Attachments: LampertPilgrimQA2-15-2015email.pdf

Mary, Please see attached response to your questions.

Ray McKinley Chief, Division of Reactor Projects Branch 5 U.S. NRC Region I From: Mary Lampert [1]

Sent: Sunday, February 15, 2015 1:10 PM To: McKinley, Raymond

Subject:

owneship spent fuel Hello:

Appreciate it if you would send to the appropriate person in the NRC.

We would like clarification of when the ownership of commercial spent fuel passes from the licensee of a commercial nuclear reactor to DOE. It seems clear that the fuel is originally owned by the licensee who purchased it to use to generate electricity. Our question relates to ownership of spent fuel after it is taken out of the reactor core.

1. Does the licensee own the spent fuel assemblies while they are stored inside the licensees spent fuel pool?

2. Does the licensee continue to own the spent fuel when the assemblies are moved from the spent fuel and placed inside dry casks on the licensees site?

3. When, and under what circumstances does DOE take ownership of the spent fuel? Will a licensee continue to own the spent fuel until some off-site storage site, either permanent or interim, is available and ready to take the particular licensees spent fuel?

4. Our understanding is that the licensee owns the fuel until DOE accepts ownership and moves the spent fuel to a permanent off-site storage facility. Is this understanding correct?

5. Our understanding is that under current law DOE cannot accept ownership of the spent fuel to an interim storage facility. Is this understanding correct?

Thank you in advance.

1

Mary Lampert Pilgrim Watch 148 Washington Street Duxbury, MA 02332 Tel. 781.934.0389 2

NRC response provided in red text.

Introduction Commercial spent nuclear fuel currently stored on site at nuclear power plants is owned by the utility that produced it. The utility is responsible for the safe and secure storage of the spent fuel, under licensee control and oversight by the NRC. At most sites, this involves both wet and dry storage.

The U.S. Department of Energy (DOE) has previously engaged in contracts with utilities for the ultimate disposition of spent fuel. Under these controls, DOE would take possession of the spent fuel when it leaves the utilitys site. Because of delays in DOE taking possession of the spent fuel, some utilities have received payment from the Federal government for costs incurred for the continued on-site storage. The utilities have recouped these costs through litigation against the Federal government.

Questions

1. Does the licensee own the spent fuel assemblies while they are stored inside the licensees spent fuel pool? YES

2. Does the licensee continue to own the spent fuel when the assemblies are moved from the spent fuel and placed inside dry casks on the licensees site? YES

3. When, and under what circumstances does DOE take ownership of the spent fuel? SEE ABOVE.

Will a licensee continue to own the spent fuel until some off-site storage site, either permanent or interim, is available and ready to take the particular licensees spent fuel?

YES

4. Our understanding is that the licensee owns the fuel until DOE accepts ownership and moves the spent fuel to a permanent off-site storage facility. Is this understanding correct? NO. Licensees will continue to own the fuel until DOE accepts ownership and possession either in a permanent or temporary storage facility or a repository.

5. Our understanding is that under current law DOE cannot accept ownership of the spent fuel to an interim storage facility. Is this understanding correct? NO