ML18260A250

Response to August 14, 2018 Letter Concerning Disposal of Very Low-Level Radioactive Material

ML18260A250
Person / Time
Site:	South Texas
Issue date:	10/31/2018
From:	Craig Erlanger Division of Operating Reactor Licensing
To:	Gerry Powell South Texas
Regner L, 415-1906
Shared Package
ML18242A099	List: ML18260A250
References
EA-18-137, EPID L-2018-LRO-0032, Y020180176
Download: ML18260A250 (3)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 October 31, 2018 Mr. G. T. Powell EA-18-137 President and CEO/CNO STP Nuclear Operating Company South Texas Project P.O. Box 289

\Nadsworth, TX 77483

SUBJECT:

SOUTH TEXAS PROJECT, UNITS 1 AND 2 - RESPONSE TO THE AUGUST 14, 2018, LEDER ON THE DISPOSAL OF VERY LO\N-LEVEL RADIOACTIVE MATERIAL AND EXERCISE OF ENFORCEMENT DISCRETION (EPID L-2018-LR0-0032)

Dear Mr. Powell:

I am responding to your letter to Mr. Brian Holian, Acting Director, Office of Nuclear Reactor Regulation, dated August 14, 2018 (Agencywide Documents Access and Management System Accession No. ML18226A352), on the disposal of very low-level radioactive waste from the South Texas Project, Units 1 and 2 (STP). In the letter, STP Nuclear Operating Company (STPNOC, the licensee) requested that the U.S. Nuclear Regulatory Commission (NRC) acknowledge the existing agreement between STPNOC and the State of Texas for the disposal of certain waste streams.

The NRC staff evaluated your request and determined that, by law, STPNOC must dispose of

. licensed material in accordance with Title 10 of the Code of Federal Regulations ( 10 CFR)

Section 20.2001, "General requirements," unless it selects a different method, as is permitted under 10 CFR 20.2002. STPNOC chose to dispose of licensed material using a different method. In particular, STPNOC sent very low-level waste for disposal in an exempt waste facility in the State of Texas. The NRC acknowledges the existing exemption between the State of Texas 1 and unlicensed disposal facilities; however, NRC authorization for STPNOC to use these sites for disposal of this material is also required, as discussed below.

As discussed in the guidance set forth in Regulatory Issue Summary (RIS) 2016-11, "Requests to Dispose of Very Low Level radioactive \Nastes Pursuant to 10 CFR 20.2002," an Agreement State does not have the authority to grant permission to a nuclear power plant licensee for proposed procedures to dispose of low-level waste. Rather, a licensee must receive approval of proposed procedures not otherwise authorized in the regulations to dispose of licensed material under 10 CFR 20.2002, "Method for obtaining approval of proposed disposal procedures." This 1 Letter dated March 7, 2008, from Dr. Hans Weger, Texas Commission on Environmental Quality (TCEQ), to Mr. R.A. Gangluff, STPNOC. STPNOC included a copy of this letter as Attachment 2 to its letter dated August 14, 2018. This TCEQ letter concluded that the specified STPNOC waste streams are exempt under the relevant provisions of the Texas regulations and could be disposed of in a Texas Class 1 or 2 industrial landfill.

G. Powell approval must come from the regulatory authority that issued the license for use of the radioactive material; in this case, that is the NRC. Thus, the NRC is the regulatory authority to grant approvals for disposal procedures under 10 CFR 20.2002 for STP.

STPNOC has raised issues associated with the RIS and with prior guidance. The NRC is evaluating the issue generically to provide further clarity. In view of that effort, and in light of the low safety significance of the non-compliance with 10 CFR 20.2002, I have been authorized, after consultation with the Director, Office of Enforcement, to exercise enforcement discretion for past non-compliance associated with this issue in accordance with Section 3.5 of the Enforcement Policy. Going forward, the NRC staff will continue to exercise enforcement discretion for STPNOC's existing process for disposal of low-level waste while the NRC staff evaluates regulatory options to address this issue. Once a resolution path is determined, the NRC will contact STPNOC to provide additional information.

If you have any questions, please contact Lisa Regner at 301 415-1906 or via e-mail at Lisa.Regner@nrc.gov.

Sincerely,

~C.~

Craig G. Erlanger, Director Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-498 and 50-499 cc: Listserv

ML18260A250 *via e-mail OFFICE NRR/DORL/LPL4/PM NRR/DORL/LPL4/LA NRR/DORL/LPL4-1 /BC NAME LRegner PBlechman RPascarelli DATE 10/30/2018 10/17/2018 10/30/2018 OFFICE RIV/DRS/PB2/BC* OGC/GCHEA/AGCMLE* OGC/GCLR/RMR*

NAME HGepford MLemoncelli (NLO) TCampbell I NLO DATE 10/30/2018 10/30/2018 10/30/2018 OFFICE NRR/DRA/D* OE/D NRR/DORL/D NAME MFranovich ABoland CErlanger DATE 10/30/18 10/30/2018 10/31/2018