ML19270H596
| ML19270H596 | |
| Person / Time | |
|---|---|
| Issue date: | 08/28/1979 |
| From: | Burnett R NRC COMMISSION (OCM) |
| To: | Ginn B HOUSE OF REP. |
| Shared Package | |
| ML19262A636 | List: |
| References | |
| FOIA-79-471 NUDOCS 7912070199 | |
| Download: ML19270H596 (3) | |
Text
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x" HKShapar i====_- 7 % armerer ^ SECY ~ f The Honorable Bo Ginn C r United States House of Representatives Jeanne Cook EDO r/f Washington, D.C. 20515 GErtter 7 DSayles (EDO 06942) -2
Dear Congressman Ginn:
Eleins (EDO06942) n_ 1 I am pleased to provide the following informtion in response to the questions = ;;. contained in your letter of July 23, 1979 concerning import shipments of spent X. fuel from foreign research reactors. =-
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= D.b. Before addressing your first question, I would like to outline current NRC ,M policy concerning the import of nuclear waste. The Nuclear Regulatory Comission ]M has not licensed the import of high-level or transuranic wastes for storage or
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management in the U.S. and there currently are no comitments to receive such wa.t wastes. Neither have we specifically licensed the import of low-level foreign ld i wastes for disposal in the U.S. Since source and byproduct materials may be Q imported under general license, without case-by-case review, by any person yg authorized by the NRC or an Agreement State to possess the material, the M( possibility exists that some low-level wastes could be imported for disposal = in an authorized disposal facility, but we are not aware that this has actually .M=_ cccurred. The NRC does license the import of nuclear materials for research, J.~53 developmental and comercial purposes and tflese activities may ultimately W E" result in the generation of some wastes which are disposed of in domestic JMc storage facilities. This would be the case, for example, in the import of ex- =M perimental fuel pins for destructive assay and analysis.
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No spent, light-water, low enriched power reactor fuel has been imported from b M Jad for storage, management, or reprocessing in the U.S. .;;.f....~_ U.S. does offer fuel reprocessing s' rvices in Department of Energy (D0E) e t 'es for some foreign research reactors. These spent fuel shipments =s .ent U.S. under the tems and conditions of import licenses issued by the o., The shipments are subject to NRC and Department of Transportation regulau s until they reach the DOE facility, after which they become the = rcsponsibility of D0E. In general, in accordance with the Atomic Energy Act s=a= of 1954, the NRC would issue such import licenses after making a determination 5 that the import activity would not be inimical to the comon defense and security of the U.S. and would not constitute an unreasonable risk to the __p_m public health and safety.. EE+=
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==p I now turn'to the specific questions raised in your letter. In a'n earlier letter to your staff, I have provided a copy of our new rule for the pro- ' M
== TZ tection of spent fuel shipments and a copy of a related guidance document designated HUREG 0561, which I will be referring to subsequently. ^ 7 2 Q. Is there any possibility that the Port of Savannah will be ~ designated as a port of entry for radioactive waste?' A. One of our current criteria for approval of routes for spent fuel .g. shipments is that the route should avoid where practicable the .m Meayily populated areas listed on pages 11-13 of fiUREG 0561. iME Savannah, Georgia is included in that list. ~rd =EM These facts notwithstanding, it 'should be noted that our rule Q-~N pertaining to the protection of spent fuel shipments is new, and y. public coment on both the new safeguards rule and the related m. guidance (NUREG 0561) is being solicited. The new rule and the fifM related guidance may be modified as a result of public coments %.? that we receive or as a result.of our early experience in applying z3 the rule and guidance. At this point it would be premature to img unequivocally rule out all future possibility of approval of
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pages 12-13 of NUREG 0561 as a port of entry for a specific jf shipment. d .5. Q. What official steps must be taken prior to approval of such a shipment .t@3 into Savannah? 3p A. We have not approved and do not currently have under review any if proposed plan to import spent fuel from research reactors through BM Savannah. Accordingly we have to respond as if the question is f.EE hypothetical. We foresee the following regulatory procedure 5M before Savannah or any other embargoed port listed in NUREG 0561 Mi could be used as a port of entry: MM ME 1. An ' applicant must apply for a license to impart spent fuel T.T from a foreign research reactor.. (This act in itself does 21= -not establish a particular route).- JT 4E= 2. The NRC must approve the application. ?E-. 252= 3. Later, after the shipping details have been worked out. 5 the licensee must specify to the NRC the proposed route W 9 to be used by the shipment, in this case, import into n 7oq gO f =-~~ and transit through Savannah. o-o 4. Since Savannah is an emuergoed city (i.e., among the cities =- listed on oaoes.11-13 in iWREG 0561). the licensee must show 55=- that is impracticable to etoid import to and trar sit through .me = * .........Savama*. To.do..tbis the.1.icenseearould..try...to. shoe. t.ha.t....... =i.X ..........on e or o ore of,the crLt.er ia,1i,s.ted rt _ the, botton o,f,,p,a,ce,,8,,,,,, i-of"fitTM 05.B1 applies to Tiis situat lon. s=e
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s. w 4 & h & s R.Q. c - - m y, KL 9Pm 9 k M(; ~3~ ~= <W Qd a a _a ya 5. The NRC must review thelliiSAIsaffs arguments, make a J==.5=W ~ determination that they are' valid, and make a deter- ~ ! M mination that the licensee can meet the applicable safety and safeguards requirements while the shipment' ' f.j is en route. 'On the basis of' that determination, the E=# E... NRC would inform the licensee that the route is ~
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approved. The shipment could then be maca. E Q. Does the City of Savannah and/or the State of Georgia have the authority = =- to establish ordinances or laws which would prevent the shipment of such. material? f4 A. There is a potential complex legal question of Federal supremacy =~1 involved here and we are not prepared to give a final answer ar C this time. In general the NRC will not contest any local ordinance 11... pertaining to transportation of nuclear materials if ;,'RC revie1 shows that the ordinance will not weak'en licensee compliance with a;olicable m NF.C regulations. ? Q. What justification was used to establish a policy by which the United Q1 States would accept the responsibility for reprocessing of radioactive = waste generated in foreign countrirs? s A. As was explained earlier in this letter, the material that is being icported is spent fuel from certain foreign research reactors. This partic 'ar kind of spent fuel contains valuable, recoverable high ,.-=f-enriched oranium which, after reprocessing, is reusable as reactor 'RC fuel. For some years it has been the practice of the DDE and its = predecessor agencies to reprocess the spent fuel under contract with \\ the owners of foreign research reactors. 'he terms under which this p' material is accepted are set forth in 33FR30 dated January 3,1968, m as amended most recently in 41FR36244 dated August 27, 1976. One ie =3_ 1.; important reason for this practice is that it contributes to the i U.S. efforts to reduce the risks of proliferation of nuclear weapons
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to other countries by maintaining U.S. control over the high enriched ( =-s ,)/ p[ h * " .) 7=3 ( Q.l. Who will pay the cost of shipment and reprocessing? N { 1 m ,j p It is our underst'andino that the owners (or operator's) of the foreien 5= A. ~ Y research reactors bear these costs. { fd ,,g .9 j j I hope that this information will be seful to you. Please let me know if I l -~27= t cm, /{ can be of furth %'N.\\.4k_/\\ O O+ M_ assista lsr "fl4SS\\ Q ' ED P ' 1 i3 SG 4 ! ELD CA E E a5 /n 'ko% SGr'ck/BurnettkShapar SGPL n a/ 1 Davis UJDircks LVGossick CCKammerer K l cCorkle 8/W/79f8/g/'lgg~.8/ /79 8/ /79 8/ /79 8/ /79 dst / / /79 'o o r* r p.,
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