ML19259B583
| ML19259B583 | |
| Person / Time | |
|---|---|
| Issue date: | 12/14/1978 |
| From: | Dircks W NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | Rhode G NIAGARA MOHAWK POWER CORP. |
| Shared Package | |
| ML19259B582 | List: |
| References | |
| NUDOCS 7903060114 | |
| Download: ML19259B583 (9) | |
Text
.
DEC 12 M Mr. Gerald K. Rhode Chairman, Electric Utility Companies' Ad Hoc fluclear Transportation Group Niagara Mohawk Power Corporation 300 Erie Boulevard West Syracuse, NY 13202 Cear Mr. Rhode:
The Chairman has asked me to reply to your letter of l'ovember 16, 1973 fonvarding a talk "The Nuclear Transportation Scene - A Utility Viewpoint,"
you delivered at the Annual Confere. ice of the Atomic Industrial Forun.
I was quite interested in your views.
I have referred your speech to appropriate members of the staff for their consideration of the importaat issues you identified. The NRC and other agencies are studying various alternative courses of action for dealir.g with the probleas you mentien, including the suggestions you made. Altaouga we cannot promise imediate resolution of all the transportation issues you identified, you may be assured we are making serious and sincere efforts to address them.
We appreciate your coments and constructive efforts in this area.
Sincerely,
.g, _o :1.:
William J. Dircks, Acting Director Office of Nuclear Material Safety and Safeguards 20/3 152 79030601)$
Discussion of Mr. Rhode's Recommendations 1.
Recommendation:
That a lead Federal agency be designated for regulating the safe transportation of radioactive materials.
Eiscussion The present Federal regulatory system appears satisfactory in that two different agencies, the NRC and the DOT are cooperating under a Memorandum of Understanding.
The lead role is already designated for regulatory activities connected with the safe transportation of radioactive materials.
The NRC is authorized to regulate this transportation by the Atomic Energy Act of 1954, as amended, and the Energy Reorganization Act of 1974, as amended.
The DOT is authorized to regulate this transportation by the Hazardous Mate-rials Transportation Act of 1974, among other Acts.
Under the Memorandum of Understanding, the NRC has the lead role for package integrity and investigation of accidents and the DOT has the lead role in matters relating to carrier activities, such as routing controls.
We believe Mr. Rhode is not dissatisfied so much with the existing Federal regulatory system as with the recent proliferation of State legislation and local ordinances affecting the transportation of radioactive materials.
Under the Hazardous Materials Transporta-tion Act, the Secretary of Transportation may allow State and local 20/3 153 governments to regulate shipment of radioactive materials if it is determined that these local regulations are consistent with Federal regulations, not unduly burdensome to commerce, and therefore not preempted by Iederal authority.
Recently, in a case concerning the New York City ban on spent fuel and certain other radioactive material shipments through the city, the Department of Transporta-tion (DOT) ruled that the ordinance was not inconsistent with Federal regulations beCaJse there are no Federal routing controls instituted under the Hazardous Materials Transportation Act.
The DCT ruling did not address the possible effect of the Atomic Energy Act on the ordinance in question, and this issue remains open.
It appears that the reasons for the enactment of these State and local restrictions is a perception by some members of the public that the Federal regulatory system for transportation of radio-active material should specifically control carrier routes, travel times, and other operational parameters.
For example, New York City passed its ordinance with the thought that the risk of allowing shipments of large quantities of radioactive materials to travel through regions of high population density is too great to be acceptable when alternative routes through lower population densities are available.
The findings of the recent NRC " Final Environmental Statement on the Transportation of Radioactive Material by Air and Other Modes," NUREG-0170, do not support this 2073 154 view.
However, the NRC is extending this work to look more closely at transportation of radioactive materials through densely populated areas in urban environments.
While the preliminary results of this additional study appear to be consistent with those of NUREG 0170, some State legislatures and local authorities have responded to the public concern by enacting regulations and ordinances to fill this perceived void.
Mr. Rhode's other two recommendations address this problem.
They are discussed below.
2.
Recommendatiori That the NRC jointly participate with the DOT in the rulemaking proceeding on the highway movements of radioactive materials, initially announced by the DOT in August 1978.
The Nuclear Trans-portation Group proposes for rulemaking a Federal regulatory system based on zoned requirements for highway transportation of radio-active materials which would replace the existing patchwork of State and local regulations, would satisfy the majority of State and local authorities, and would preserve reasonable degrees of ireedom and flexibility for shippers and carriers.
20/3 155 Discussion Although we believe that many of these local regulations, such as those that call for routing control or advance notification, may be unnecessary, we recognize them as evidence of public concern with transportation safety.
It is of course more efficient to have a single comprehensive set of regulations than a conglomeration of local regulations.
The zoning concept proposed could serve to obviate the local regulations by replacing-them with Federal regu-lations.
Therefore we believe it warrants serious consideration in the DOT rulemaking proceeding.
To consider the possibility of establishing uniform controls, the D0T has opened a rulemaking proceeding on routing of highway move-ments of radioactive materials.
The NRC plans to assist the DOT in this proceeding under the terms of a Memorandum of Understanding between our agencies.
This proceeding is expected to take about two years to complete.
The proposed scheme of zoned Federal require-ments will be properly considered within the framework of this rulemaking proceeding.
We have noted that Mr. Rhode has submitted comments in this proceeding; we enclose a copy of these comments for your information.
20/3 156 Under the existing Federal regulatory system, adequate safety does not normally depend on regulatory control over vehicle routing or operational controls other than those routinely applied by State and local officials to all transportation, e.g., driver training, vehicle maintenance, and closing of defective roads.
Protection of public health and safety in transportation of radioactive materials is primarily achieved by setting standards for package integrity (under normal and accident conditions), reviewing and approving applicant package designs for satisfaction of these standards, and inspecting and enforcing compliance with the regulations.
Studies we have conducted to date have not indicated it is necessary to establish routing restrictions or other operating controls specific to radioactive materials shipments to achieve proper protection of public health and safety.
There are, however, some f1RC restrictions on routing and travel times applicable to shipments of strategic special nuclear material (as specified in 10 CFR Part 73) so as to minimize the risk of theft.
Also, D0T's Federal Motor Carrier Safety Regulations require that the routes for highway shipment of hazardous material not pass through or near heavily populated areas, places where crowds are assembled, tunnels, narrow streets, or alleys unless there is no practical alternativ3 (49 CFR 397.9).
2073 157 3.
Recommendation Concerning emergency response planning, the Federal Government, working with industry, needs to clearly spell.out who is respon-sible for what, in terms that the average layman can understand.
The Ad Hoc Nuclear Transportation Group submits a suggested assign-ment of responsibilities among the Federal government, State and local governments, carriers, and shippers for planning, response and follow-up actions.
Discussion The general theme of this recommendation is under active study within both the Nuclear Regulatory Commission (NRC) and the Department of Transportation (DOT).
A joint NRC-DOT study group was convened at the request of Congressman Timothy E. Wirth at the first of this year to develop recommendations for assignments of responsibility for emergency response functions 'and other issues in transportation of radioactive materials.
The study group's report (copy enclosed) is in the final draft stage and we plan on issuing it for public comment in the near future.
One of the recommenda-tions developed is closely reflected by the suggested responsi-bility assignments.
Other recommendations on this subject were also developed (see pages 5-19 and 5-20 of the Executive Summary):
2073 158 a.
State and local agencies, such as emergency crews, police, health and environmental departments, should have emergency plans to both advise and assist the carrier and to take appro-priate control actions at the scene to protect public health and safety.
The NRC and the D0T should faster development of these plans.
b.
The NRC and the DOT should initiate discussions with States on the merits of advance notice requirements for shipments of radioactive material.
If an advance notice requirement is judged necessary, a national requirement is preferred over a conglomeration of State requirements.
Precaution against requirements for advance notice of shipments of quantities and types of special nuclear material protected in accordance with NRC regulations or DOE directives should be taken, however, because such requirements may conflict with certain Federal restrictions re? ated to controlling sensitive information pertcining to such protected shipments.
c.
Carriers of radioactive material should be required by the DOT regulations to prepare, maintain, and execute an emergency response plan for promptly notifying the shipper and government authorities, controlling the spread of radioactive material in
?0/3 159 the cargo, segregating the radioactive material from the populace, and cleaning up any spilled radioactive material.
This recommendation essentially augments existing regulations, guidance, and environmental impact statements on transporta-tion of radioactive materials.
d.
Carriers of radioactive materials should be prepared to assume initial costs for their responsibilities and State and local agencies should be prepared to assume initial costs for protective actions involving radioactive material as with other emergencies where protection of public health and safety is involved.
e.
Shippers of radioactive materials should be.'equired in regula-tions to prepare and maintain an emergency plan for promptly conveying hazards information about the shipment to the carrier and government authorities.
The information in this plan should be available at all times that the shipper has a shipment in transit so shipper personnel can respond knowledgeably and promptly when they receive notice of an accident and are asked for advice.
This recommendation essentially augments existing regulations, guidance, and environmental impact statements on transportation of radioactive materials.
20/3 160 f.
Shippers of radioactive materials should be required in the DOT regulations to show an emergency telephone number on shipping papers and should be encouraged by both DOT and NRC policies to voluntarily include emergency instructions with shipping papers, especially on bulk shipments.
Enclosures:
1.
Comments by Electric Utilities Companies' Ad Hoc iluclear Transportation Group on the COT Pouting Rulerakir.g Proceeding 2.
"Revie'.i and Assessment of Package Requirements (Yellcwcake) and Emergency Response to Transportation Accidents,"
Joint ilRC/ COT Study Group (October 1978) 20/3 lol