ML19135A512

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Letter to T. Sellmer Reissuance of Exemption from Title 10 of the Code of Federal Regulations Section 71.61 (W/Enclosure)
ML19135A512
Person / Time
Site: 07109305
Issue date: 05/15/2019
From: John Mckirgan
Spent Fuel Licensing Branch
To: Sellmer T
Nuclear Waste Partnership
White B
References
Download: ML19135A512 (6)


Text

May 15, 2019 Mr. Todd E. Sellmer Transportation Packing Central Characterization Program Nuclear Waste Partnership LLC P.O. Box 2078 Carlsbad, NM 88221-2078

SUBJECT:

REISSUANCE OF EXEMPTION FROM TITLE 10 OF THE CODE OF FEDERAL REGULATIONS SECTION 71.61

Dear Mr. Sellmer:

By application dated January 28, 2014 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML14035A106), as supplemented on March 10, 2015 (ADAMS Accession No. ML15071A022), August 19, 2015 (ADAMS Accession No. ML15254A328), September 16, 2015 (ADAMS Accession No. ML15280A350), March 14, 2016 (ADAMS Accession No. ML16077A013), and April 1, 2016 (ADAMS Accession No. ML16096A355), Nuclear Waste Partnership (NWP) requested an exemption pursuant to Title 10 of the Code of Federal Regulations (10 CFR) 71.12, for approval of two shipments, each containing a single package of the Model No. TRUPACT-III package, from the Savannah River Site in Aiken, SC to the Waste Isolation Pilot Plant (WIPP) near Carlsbad, NM. Specifically, NWP requested an exemption from the requirements of 10 CFR 71.61, Special Requirements for Type B Packages Containing More than 105A2, and authorization for an increase in the decay heat and A2 limit beyond the limits in Certificate of Compliance No. 9305.

The U.S. Nuclear Regulatory Commission (NRC) granted NWPs request by letter dated June 29, 2016 (ADAMS Accession No. ML16181A081). The NRC is reissuing that authorization and exemption to correct a typographical error in one of the serial numbers for the Standard Large Box 2 associated with the TRUPACT-III package.

Certificate of Compliance No. 9305, Revision No. 9 authorizes contact-handled transuranic (CH-TRU) waste and other authorized payloads that do not exceed 105 A2 quantities. As part of this request, NWP requested an increase in the authorized A2 quantity from less than 105 A2 to 2.1x105 A2, for two shipments. NWP also requested an exemption from the requirement in 10 CFR 71.61 that a package containing more than 105 A2 must be designed so that its undamaged containment system can withstand an external water pressure of 2 MPa (290 psi) for a period of not less than 1 hour1.157407e-5 days <br />2.777778e-4 hours <br />1.653439e-6 weeks <br />3.805e-7 months <br /> without collapse, buckling, or inleakage of water.

The NRC staff reviewed NWPs request for an increase in the decay heat and A2 limit per package for the shipment of two packages from the Savannah River Site to WIPP and for an exemption from 10 CFR 71.61. The details of the NRCs review are included in the enclosed safety evaluation report. Based upon the staffs evaluation, the NRC has determined that, pursuant to 10 CFR 71.12, the exemption is authorized by law, will not endanger life or property or the common defense and security, and is otherwise in the public interest.

Therefore, the NRC is granting NWP an exemption from the requirements in 10 CFR 71.61. In addition to the exemption, NWP is also granted an increase in the A2 quantity and decay heat load from that currently authorized in Certificate of Compliance No. 9305, Rev. 9. The Commission has also determined that the TRUPACT-III shipment will not significantly affect the public health and safety or adversely impact the environment (81 FR 35387; June 2, 2016).

This letter constitutes authorization of the TRUPACT-III as an approved package for shipment subject to the following conditions:

1.

All conditions of Certificate of Compliance No. 9305 shall remain in effect, except:

a.

the maximum A2 quantity shall not exceed 2.1x105 per package

b.

the maximum decay heat shall not exceed 190 Watts per package

c.

the contents of both TRUPACT-III package and its associated Standard Large Box 2 (SLB2), serial numbers SR21524413 and SR21524414, may contain approximately one-half of a B-Line plutonium-238 recovery transfer tank section, polyethylene plastic bags and sheeting, wood dunnage, and miscellaneous slings and metal parts

2.

The shipments must be in compliance with a special permit issued by the U.S.

Department of Transportation (DOT).

3.

The route utilized for shipment shall not traverse water deeper than 50 feet.

4.

This authorization does not relieve the shipper from compliance with any requirements in DOT's regulations in Title 49 of the Code of Federal Regulations, unless those requirements are specifically waived by DOT.

5.

This authorization supersedes the prior authorization granted on June 29, 2016.

6.

This authorization expires on December 31, 2019.

In accordance with 10 CFR 2.390 of the NRCs Rules of Practice, a copy of this letter will be available electronically for public inspection in the NRC Public Document Room or from the publicly available records component of the NRCs document system, ADAMS. ADAMS is accessible from the NRC Website at http://www.nrc.gov/reading-rm/adams.html.

If you have any questions, please contact me at (301) 415-7493, or Bernard White of my staff, at (301) 415-6577.

Sincerely,

/RA/

John McKirgan, Chief Spent Fuel Licensing Branch Division of Spent Fuel Management Office of Nuclear Material Safety and Safeguards Docket No. 71-9305

Enclosure:

Safety Evaluation Report cc w: R. Boyle, Department of Transportation J. Shuler, U.S. Department of Energy c\\o L. F. Gelder

(letter): ML19135A512 OFC DSFM DSFM OGC DSFM NAME BWhite SFigueroa via email NMertz via email JMcKirgan DATE 4/23/19 4/ 24/19 5/8/19 5/15/19

SAFETY EVALUATION REPORT Docket No. 71-9305 Model No. TRUPACT-III EVALUATION By application dated January 28, 2014 (Agencywide Document Access and Management System (ADAMS) Accession No. ML14035A106), as supplemented on March 10, 2015 (ADAMS Accession No. ML15071A022), August 19, 2015 (ADAMS Accession No. ML15254A328), September 16, 2015 (ADAMS Accession No. ML15280A350), March 14, 2016 (ADAMS Accession No. ML16077A013), and April 1, 2016 (ADAMS Accession No. ML16096A355), Nuclear Waste Partnership LLC (NWP or the applicant) requested an exemption, under Title 10 of the Code of Federal Regulations (10 CFR) 71.12, for approval of two shipments, each containing a single package from the Savannah River Site in Aiken, SC to the Waste Isolation Pilot Plant near Carlsbad, NM, using two Model No. TRUPACT-III packages. Each TRUPACT-III package and its associated Standard Large Box 2 may contain approximately one-half of a B-Line plutonium-238 recovery transfer tank section, polyethylene plastic bags and sheeting, wood dunnage, and miscellaneous slings and metal parts. In addition to the exemption, NWP also requested an increase in both the A2 quantity up to 2.1x105A2 and decay heat load up to 190 W, which are greater than the quantities currently authorized in Certificate of Compliance No. 9305, Rev. 9. The NRC staff documented its evaluation of NWPs request in a safety evaluation report (SER) (ADAMS Accession No. ML16181A085). Based on that evaluation, the staff found that the exemption and authorization met the requirements of 10 CFR Part 71. The U.S. Nuclear Regulatory Commission (NRC) issued the exemption and authorization on June 29, 2016 (ADAMS Accession No. ML16181A079).

In issuing the authorization, the NRC specified in condition 1.c that:

the contents of both TRUPACT-III package and its associated Standard Large Box 2 (SLB2), serial numbers SR215244413 and SR21524414, may contain approximately one-half of a B-Line plutonium-238 recovery transfer tank section, polyethylene plastic bags and sheeting, wood dunnage, and miscellaneous slings and metal parts.

After issuance of the authorization, a typographical error in one of the serial numbers for the Standard Large Box 2 was detected. The serial number was listed as SR215244413 in the authorization as stated, but should have been SR21524413. NRC is reissuing the exemption and authorization with the correct serial numbers for both Standard Large Box 2 containers.

This correction does not affect the findings and conclusions in the NRCs previous SER for the exemption and authorization (ADAMS Accession No. ML16181A085), which are hereby incorporated by reference.

CONDITIONS Condition 1.c was revised to read the contents of both TRUPACT-III package and its associated Standard Large Box 2 (SLB2), serial numbers SR21524413 and SR21524414, may contain approximately one-half of a B-Line plutonium-238 recovery transfer tank section, polyethylene plastic bags and sheeting, wood dunnage, and miscellaneous slings and metal parts. No other changes were made to the exemption.

CONCLUSION Considering the statements and representations contained in the application, as supplemented, and the exemptions and conditions listed in the approval letter, and for the reasons listed above, the NRC staff has concluded that the TRUPACT-III, as exempted and conditioned, continues to meet the requirements of 10 CFR Part 71.