ML18340A018

Comment (1) of Janet Schlueter on Behalf of Nuclear Energy Institute on Report on Changes to Low-Level Waste Burial Charges

ML18340A018
Person / Time
Site:	Nuclear Energy Institute
Issue date:	12/05/2018
From:	Schlueter J Nuclear Energy Institute
To:	May Ma Office of Administration
References
83FR40358 00001, NRC-2018-0218, NUREG-1307 R17
Download: ML18340A018 (4)

Text

Page 1 of 1 As of: 12/6/18 7:32 AM Received: December 05, 2018 Status: Pending_Post PUBLIC SUBMISSION Tracking No. 1k2-96xu-ii60 Comments Due: December 05, 2018 Submission Type: Web SUNSI Review Complete Docket: NRC-2018-0218 Template = ADM-013 Report on Changes to Low-Level Waste Burial Charges E-RIDS=ADM-03 ADD=Lin-Qiao Chen, Richard Turtil, Kosmas Lois, Janet Hall Comment On: NRC-2018-0218-0001 Wilson Report on Changes to Low-Level Waste Burial Charges COMMENT (1) PUBLICATION Document: NRC-2018-0218-DRAFT-0002 DATE: 8/14/2018 CITATION 83 FR 40358 Comment on FR Doc # 2018-24079 Submitter Information Name: Janet Schlueter Submitter's Representative: Allison Borst Organization: Nuclear Energy Institute General Comment See attached file(s)

Attachments 12-05-18_NRC_NEI Industry Comments on Draft NUREG-1307 Rev 17 LLW Burial Charges https://www.fdms.gov/fdms/getcontent?objectId=090000648394610f&format=xml&showorig=false 12/06/2018

JANET R. SCHLUETER Sr. Director, Fuel and Radiation Safety 1201 F Street, NW, Suite 1100 Washington, DC 20004 P: 202.739.8098 jrs@nei.org nei.org December 5, 2018 Ms. May Ma Office of Administration U.S. Nuclear Regulatory Commission Washington, DC 20555-0001

Subject:

Industry Comments on Draft NUREG-1307, Revision 17 Report on Waste Burial Charges:

Changes in Decommissioning Waste Disposal Costs at Low-Level Waste Burial Facilities [83FR55409; Docket ID NRC-2018-0218]

Reference No: 689

Dear Ms. Ma:

The Nuclear Energy Institute 1 (NEI) is pleased to comment on Draft Revision 17 of NUREG-1307 regarding low-level waste (LLW) burial charges. We appreciate the Nuclear Regulatory Commission (NRC) continuing to solicit public comments on the proposed revisions to this important guidance document, and encourage the NRC to continue requesting public comment on future revisions to NUREG-1307.

NUREG-1307 Should Reflect Recent Improvements in LLW Disposal Practices First and most importantly, the commercial nuclear industry takes seriously its responsibility for the continued safe and secure management and disposal of LLW in compliance with applicable federal and state regulations. Further, we have worked diligently in recent years to minimize waste generation, particularly Class B and C wastes. Secondly, the industry, NRC, and individual states have gained considerable experience in LLW management and disposal in a manner consistent with current international best practices, including the disposal of decommissioning wastes currently referred to as Very LLW (VLLW) in hazardous waste landfills permitted under the Resource Conservation and Recovery Act (RCRA).

While the NRC should finalize Revision 17 in January 2019 to support preparation of the power plants biennial decommissioning funding status reports, which are due by March 31, 2019, it is important that NUREG-1307 be revised to reflect significant improvements in LLW disposal practices in recent years. Most notably, NUREG-1307 does not appear to reflect the current NRC and Agreement State-approved alternate 1

The Nuclear Energy Institute (NEI) is responsible for establishing unified policy on behalf of its members relating to matters affecting the nuclear energy industry, including the regulatory aspects of generic operational and technical issues. NEIs members include entities licensed to operate commercial nuclear power plants in the United States, nuclear plant designers, major architect and engineering firms, fuel cycle facilities, nuclear materials licensees, and other organizations involved in the nuclear energy industry.

Ms. May Ma December 5, 2018 Page 2 LLW disposal practices allowed under 10 CFR 20.2002. It has been estimated that as much as 80-90% of decommissioning radioactive wastes can be characterized as VLLW and meet alternate disposal options.

Importantly for NRCs update to NUREG-1307, alternate disposal options for VLLW at EPA-permitted RCRA facilities (e.g., at Waste Control Specialists in Texas and U.S. Ecology in Idaho) have much lower costs than typical Class A bulk rates. Based on an Electric Power and Research Institute (EPRI) cost evaluation in support of its 2012 VLLW report 2, this practice results in a waste cost reduction of about $35M for a typical Pressurized Water Reactor and $60M for a typical Boiling Water Reactor. Because disposal rates for VLLW are significantly lower than Class A LLW disposal rates, required decommissioning funding amounts can likely be reduced. Given the number of commercial nuclear power plants either undergoing or planning to undergo decommissioning, NRC should include this realistic disposal scenario for waste burial charges in the final NUREG-1307, Revision 17.

Other Comments

1. Page 7 of Draft NUREG-1307 states that licensees with no disposal site within their designated LLW Compact may want to set aside additional decommissioning trust funds to avoid significant future shortfalls in funding and potential enforcement actions. 3 However, there is no support for the suggestion that licensees need to set aside additional decommissioning funds to avoid significant future shortfalls and potential enforcement actions in such circumstances. The NRC minimum funding certification amount established by 10 CFR 50.75(c) is just thata regulatory minimum. In determining the minimum funding amount, 10 CFR 50.75(c)(2) further states that the waste burial escalation factor is to be taken from NUREG-1307. As such, there is no shortfall and no basis for enforcement action so long as a licensees decommissioning fund is greater than or equal to the minimum funding certification amount incorporating NUREG-1307 escalation factors. 4 Therefore, the NRC should revise NUREG-1307 to remove the above mischaracterizations and the unsupported implication of enforcement action. 5

2. Page 7, Table 2-1 seems to contain an error when it comes to Compact-Affiliated Disposal versus the Combination of Compact-Affiliated and Non-Compact Disposal numerical values. Specifically, the Washington and South Carolina sites show a decrease in values when Class A waste is disposed of out of compact. We believe that the Bx values for the Texas Site for the "Combination of Compact-Affiliated and Non-Compact Disposal Facilities alternative should show a decrease as well.

3. Page 16, Example 2 appears to contain an error. Specifically, at the bottom of the equation, $135M for Boiling Water Reactors is used instead of $105M for Pressure Water Reactors. In this example, if 2

EPRI report no. 1024844, Basis for National and International Low Activity and Very Low Level Waste Disposal Classifications, 2012 3

Draft NUREG-1307, Rev. 17 at 7, footnote (c); see also id. at viii.

4 To be sure, even when licensees have experienced shortfalls, the NRC has appropriately adopted a flexible, case-by-case approach consistent with maintaining reasonable assurance that adequate decommissioning funding will be available when needed. The NRC should avoid imposing artificial requirements regarding the frequency of funding adjustments and should instead focus on the long-term planning and investment horizons applicable to decommissioning funding.

5 Furthermore, NUREG-1307 provides no explanation for why this non-existent shortfall would be significant or how a licensee would determine the appropriate amount of additional decommissioning trust funds that should be set aside.

Ms. May Ma December 5, 2018 Page 3 the $105M were substituted in the equation, the result would be $404.28M versus the $520M shown.

We trust NRC staff will find these comments useful as it proceeds to finalize NUREG-1307 Revision 17. We would be pleased to answer any comments or questions you might have on the contents of this letter. I may be contacted at jrs@nei.org or 202-739-8098.

Sincerely, Janet Schlueter c: Ms. Jennifer Borges-Roman, OGC/PSB/LRC Mr. John Tappert, NMSS/DUWP