ML19250J222
| ML19250J222 | |
| Person / Time | |
|---|---|
| Issue date: | 01/27/1981 |
| From: | Cunningham R NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | Cunningham G NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| Shared Package | |
| ML19250J216 | List: |
| References | |
| SECY-81-383, TAC-48752, NUDOCS 8107200152 | |
| Download: ML19250J222 (6) | |
Text
9 9
ENCLOSURE 5
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33 - g ATTACHMENT E
.b a 4 M E Y*.O Y.
JAN 271981
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MEEDRANDUM FOR: Guy H. Cunningham, Regulations Division Director and Chief' Counsel Office of the Executive Legal Director FRON:
Richard E. Cunningham, Director Division of Fuel Cycle and Material Safety Office of Nuclear Material Safety and Safeguards c.
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SUBJECT:
REVISIDH OF 10 CFR 30.32(f)
Following up on your discussion sith Le Rouse in which you suggested taking the lead in developing a rule change to clarify the intent and application of 30.32(f)
I. request that you initiate such a change as soon as possible.
Please note that 40.31(f) and 70.21 fi have the same defect,as 30.32(f)
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and should be revised also.
Richard E. Cunning r
Division of Fuel Cycle and Material Safety Office of Nuclear Material Safety.
and Safeguards 9
S 8107200152 810619 CF SUBJ CF
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' 4 ENCLOSURE 6
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ATTACHMENT F I
Dear Licensee:
As a result of a reduction in waste disposal capacity in the United States, many nuclear power reactor licensees are,taking or are planning to take steps to provide for additional onsite storage of low-level radioactive wastes generated onsite. These steps range from storing packaged wastes in unused space to construction of new facilities for volume reduction and extended storage.
The NRC has been considering the variety of plans which are underway and how they should be reviewed and approved, for actions on waste storage can influence the development and implementation of final disposal plans by states, acting individually or on a regicnal basis, to establish additional disposal capacity.
Some states have indicated to NRC that utilization of disposal services by nuclear power plant licensees is essential if disposal sites are to be developed by states or regional compacts.
Thus it is important that the NRC not take deliberate action that would hinder the establishment of additional disposal capacity by the states and yet, consistent with NRC regulatory safety requirements, permit necessary operational flexibility by its licensees.
It is with these points in mind that the following guidance is provided.
,,. For proposnJ increases in storage capacity for low-level waste generated by normal reactor operation and maintenance at power reactor sites, the safety of the proposal must be evaluated by the licensee under the provisions of 10 CFR 50.59.
If 1) your existing license conditions or technical specifica-tions do not prohibit increased storage, 2) no unreviewed safety question exists and 3) the proposed increased storage capacity does not exceed five years, the licensee may provide the added capacity, document the 50.59 evaluation and report it to the Commission annually or as specified in the license.
Radiological safety guidance has been developed by the staff for the design and operation of interim contingency low-level waste storage facilities.
Necessary design features and administra'tive controls will be dictated by such factors as the waste form, concentrations of radioactive material in individual waste containers, total amount of radioactivity to be stored, and retrievability of waste. A copy of the guidance document is enclosed with this letter.
If you determine that an unreviewed safety question exists, authority for use should be requested through application to the Office of Nuclear Material Safety and Safeguards (NMSS) pursuant to 10 CFR 30, accompanied by an environ-mental evaluation that considers the incremental impact as related to reactor operations.
Such application for a separate Part 30 license is for the administrative convenience of the Commission and is not intended to be sub-stantively different than application for amendment of the facility operating license.
Application for use should also be accompanied by a showing that the storage provisions will not impact on the safety of reactor operations and will not foreclose alternative for disposal of the wastes.
. l NMSS will notice the receipt of application ir, the Federal Register, offer an opportunity for public hearing if significant public interest is demonstrated, and will perform an environmental assessment to determine if the proposed activity will significantly affect the quality of the environment.
Facility construction prior to the staff's determination would be carried out at the licensee's risk.
Any license issued will be for a standard five-year term, renewable if continued need is demonstrated and if safety of continued storage is established.
NRC licensing jurisdiction will be retained in Agreement States in accordance with 10 CFR 150.15(a)(1) for storage of low-level waste generated onsite.
Indemnity coverage will be provided under and in accordance with your existing indemnity agreement with the Commission.
If it is determined that the storage provisions could impact on the safety of reactor uperations or an existing license condition or technical specifica-tion limit the amount of waste storage, a change in the conditions of the reactor facility license may be necessary.
The provisions for added capacity should be used for interim contingency storage only and low-level wastes should continue to be shipped to disposal sites to the extent practicable.
As you may know, the " Low Level Radioactive Waste Policy Act"
.,. of 1980 gives primary responsibility for the disposal of low-level waste to the states.
Some states have initiated disposal plans, and we believe it is important that power reactor licensees, as major waste generators, work with and provide technical ass' stance and other support to assir ndividual states or regions in developing nee disposal sites.
A number of licensees are considering the installation of major volume reduction processes, viz, incineration, to substantially reduce the volume of waste for disposal.
You are encoureged to examine the costs and benefits of such processes for your operations.
However, notwithstanding the use of volume reduction, you are also encouraged to take an active role in the development of additional disposal sites.
For proposed increases in storage capacity for more than five years, the application and review procedures will be the same as for interim contingency storage with additional consideration of container integrity and retrievability, volume reduction, influence on state planning for disposal, and implications of de facto onsite disposal.
Any license issued will be for a five-year, renewable term.
If you have any questions about these matters, please let us know.
Sincerely, William J. Dircks Executive Director for Operations
Enclosure:
Guidance Document
Enclosure to Draft Letter:
Radiological Safety Guidance for Onsite Contingency Storage Capacity (under revision)
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