ML19247C477
| ML19247C477 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 01/07/1981 |
| From: | Dircks W NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | Bateman C ENERGY, DEPT. OF |
| References | |
| NUDOCS 8102200147 | |
| Download: ML19247C477 (5) | |
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Janua ry 7,1981 The Honorable C. Worth Bateman Acting Under Secretary of Energy Washington, D.C.
20545
Dear Mr. Bateman:
As indicated in Chairman Ahearne's October 20, 1980 letter to Secretary Duncan, the Commission is concerned that DCE has limited the scope of its staff's activ. ties relative to the cleanep at TMI-2, specifically, that DOE has not included in their planning, immobili ition at eristing DOE facilities of high specific activity wastes which are anticipated to be generated from the cleanup.
NRC understands that ycur staff has raised questions about accepting these wastes for processing and storage at DOE facilities, even though experf enced staffs and suitable technology or systems appear to be available at the existing DOE high level waste handling and processing facilities, and the required innobilization steps are beyond
+'? current capabilities of Metropolitan Edison Company. The DCE questicas, as expressed to our staff, center on the applicability of NRC licensing requirements which might be associated with transfer of these high specific activity materials from Metropolitan Edison Company, to a DCE facility. Based upon our understanding of the needed activities ar.d the resources and facilities available to you to carry out these act!vities, NRC licensing requirements s'-
not apply.
As you know, licensing authority with respect to DOE waste mar.agement #cer
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is derived from section 202(3) of the Energy Reorganization Act of 19" Under that provision, the Comnission exercises licensing authority as
" facilities used primarily for the receiot and storage of high-level r.
,e wastes resulting from activities licensed under [the Atomic Fnergy Act'j term "high-level radioactive wastes" has been used in the pas to reter 3 to spent fuel and reprocessing waste. We would not rule out the term';
application to wastes which present comparable hazarcs, possibly including those from TMI-2. However, even if the materials are deemed to be "high-level radioactive wastes," NRC would have no jurisdiction over the 00E facilities at which they are stored (or disposed of) unless those facilities are used primarily for receipt and storage of commercial wastes.
If the Department were to take custody of the TMI-2 waste, we anticipate that it would be stored at a location
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having some other primary use, and accordingly NRC licensing would not be I) required by law.
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/r The Honorabic C. Worth Bateman 2-We note that the material would need to be processed, at some point, to make it suitable for disposal.
It is cur position that such processing is not entccpassed by the terms " receipt and storage," so that the facilities 1.1 wnich processing activit ses were performed would not be subject to licensing under secticn 202(3).
P' ease contact me if you wish to discuss this eatter further.
Sinc erely, (S;gns Wihm J. D;;ck3 William J. Dircks Executive Director for Operations Districation:
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'W We rJR FOR:
The Comissioners FROM:
William J. Dircks Executive Director for Oparations
SUBJECT:
PROPOSED LETTER TO DCE SECRETARY DUNCAN RE: TMI-2 HIGH SPECIFIC ACTIVITY WASTES PURPOSE:
The proposed letter to DOE Secretary Duncan n in response to the request made by Chair:::an Ahearne on December 19.
DISCUSSIO_N The attached letter proposes a Comission position that dRC lictasing would not be imposed on TMI-2 high specific. activity wastes which were transferred to the controtsof DOE at a suitable DOE waste handling and processing facility.
REC 0fNENDATION:
That the Comission approve the proposed letter.
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Willic J'. Dircks Executive Director for Operations
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Enr.losure:
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Proposed ltr to DOE Secretary Duncan
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The honorable Charles W. Duncan Secretary of Energy Washington, D.C.
20545
Dear Mr. Secretary:
As indicated in my October 2D,1980 letter to you, the Commission is concerned that DCE has limited the scope of its staff's activities relative to the cleanup at TMI-2, specifically, that DOE has not included in their planning, immobilization at existing DCE facilities of high specific activity wastes which are anticipated to be generated from the cleanup.
The Commission understands that your staff has raised questions about accepting these o stes for processing and storage at DOE facilities, even though experienced staffs and suitable technology or systems appear to be available at the existing DOE high level waste handling and processing facilities, and the reouired immobilization steps are bfyond the current bapabilities of Metropolitan Ediscn Company. The DCE questions, as expressed to our staff, center on the applicability of NRC licensing requirements which might be associated with transfer of these high specific activity materials from Metropolitan Edison Company, to e DCE faci?ity. Based upon our understanding of the needed activit,es and the rescurces and facilities available to you to carry our these ac ivities, NRC licensing requirements should not apply.
As you.now, our relevant licensing authority is contained in section 202(3) of the Energy Reorganization Act of 1974 Under that provision, the Commission exercises licensing authority as to DOE " facilities used primarily for the
The Honorable Charles W. Duncan receipt and storage of high-level radioactive wastes resulting from activities licensed under [the Atomic Energy Act)." The term "high-level radioactive wastes" has been used in the past to refer solely to spent fuel and reprocessing waste. We would not rule out the term's application to wastes which present comparable hazards, possibly including those from TMI-2. However, even if the materials are deemed to be ",high-level radioactive wastes," NRC would have no jur1sdiction over the DCE facilities at which they are stored (or disposed of) unless tnose facilities are used primarily for receipt and storage of commercial wastes. The Commission has stressed, in a Report to Congress (excerpt attached),
that if this condition is not satisfied, the DCE facilities are exempt from NRC licensing.
If the Department were to take custody of the TMI-2 waste, we anticipate that it would be stored at a location having some other primary use, and accordingly NRC licensing would notJbe required by law.
We note that the material would need to be processed, at some point, to make it suit?ble for disposal. We have taken the position, in the Report to Congress referred to above, that such processing is not comprehended by the terms
" receipt and storage," so that the facilities in which processing activities were performed would not be subject to licensing under section 202(3).
I wish to reiterate the suggestion made in my October 20 letter, that we meet soon to discuss this matter, in the context of the above, and the position taken by the House Appropriations Committee.
Sincerely John F. Ahearne Chairman
Enclosure:
Excerpt to NUREG-0572
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-I Rec u at. ion o-2ecera 3acioactive Was:e Activities 2
Report to Congress on Extending the Nuclear Regulatory Commission's Licensing or
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Regulatory Authority to Federal Radioactive Waste Stcrage and Disposal Activities 3
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!.ienusenet Complete February 1979 Date Publishei september 1979 I
Office of Nuclear Material Safety and Safeguards j
U.S. Nuclear Regulatory Commission Washington, D.C. 20555
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4.0 CPTIONS FCR EXTENCINC NRC AUT<RITY Int *o M tion
%st Feoeral radicactive maste storage and disposal activities are conducted by DCE and are not now subject to the authority of NRC because DCE is largely license exempt. Congress has directed that the Cornission study the pessibility of extension of its licensing and regulatory authority to include categcries of existing and future Feoeral racioactive waste stcrage and disposal activities not presently sutject to such authority. In addition, Senators Hart and Docenici have requested that the study ider.tify and discuss various os,tions available for such exter.aion of NRC authority, including a discussion of the likely characteristics of the Coamission's licensing or regniatory program. The first two parts of this section will describe the existing authority of the Commission over radioactive waste storage and disposal, and will set forth the feceral radioactive waste manegement activit,e5 not presently subject to NRC jurisdiction. The third part will oescribe certain radio-active waste management activities which come within the jurisdiction of the Environmental Protection Agency.
In the fourth part a number of possible options for extenuing NRC regulatory and iiceesing authority in this area will be presented, with a descriptiar. of the litely characteristics of tra regulatory progran under each ogtion.
4.1 Existinc Actnerity of NRC ovee waste Storage and Cisocsal Atocic E nce v Act of 1954 The Commission's autxr ity with regard to.aste management under the Atomic Energy Act of 1954 stems from its authority to regulete and license the possespon and use of byproduct, source, and special nuclear materials.
Ene-y Recegacitation Act of 1974 DCE is presently not subject to NRC licensing authority except as provided in Section 202 of the Energy Reorganization Act of 1974 and in the Uranium Mill Tailings Radiation Control Act of 1978. Two subsections of Section 202 of the Encegy Recrganization Act authorize NRC licensing of certain maste sanagement activities.
Subsection 202(3) assigns NRC licensing and related regulatoey authority over DCE f acilities "used primarily for the receipt and storage of hign level radioactive eastes -esulting f rom activities licensed under [the 1954]
Act."
Subsection 202(4) assigns NRC licensing and *e sted regulatory authority over " Retrievable Surf ace $torage Facilities and other f acilities autnorized for the express purpose of satsequent long-tem storage of high-level radioactive waste generated by [DCE), which are not used for, or are part of, research and development activities."
It is iniportant t.c n:te the words used in the above quoted sections- "used primarily for" and " authorized for the express purpose of."
If these conditions are not satisfied. DCE f acilities for storage or disposal of the specified material are exempt from NRC licensing.
Mat' ul Invieonmental PoHcv Act of 1969 (NET A)
In accition to the aDeve statutes, NRC is reQuir*d unoer NEPA to consicer the environmental ier. acts of the activities it licenses. The Commission t*.rous its NESA authority may impese license conditier.s to minisite ac*erse eevironmental impacts.
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4-2 a.2 Fede*al Waste Manageocat Activities Met Presert'y Licensatie tv WRC The following activities are nct presently licensable ey %RC:
Storage or disposal of hign-level maste from DCE activities in a DCE research and sevelopment facility.
e DCE f acility for sher +-':
store;e of high-level waste f roe DCE activities (e.g., existing TE tw e
tan t.s).
o DCE c;>erating f acility storage / disposal of:
transuranic contaminated waste (TRU) foreign high-level masta not resulting from a licensed activity lour-level waste (LLW)
DCE cecoeuvissioned facilities except those covered under section 202 of the 1974 Act.
e Storage or disposal of naturally occurring and accelerator-produced isotopes- (except, e.g., raciunt e
and casghters in sill tailings).
DOE high-level waste processing f acilities, e.g., solidification, strontia and cesia extraction plants, e
crystallization plants, etc.
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