ML19305A222
| ML19305A222 | |
| Person / Time | |
|---|---|
| Site: | 07106400 |
| Issue date: | 12/27/1978 |
| From: | Austin M BABCOCK & WILCOX CO. |
| To: | Macdonald C NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| References | |
| NUDOCS 7903010484 | |
| Download: ML19305A222 (3) | |
Text
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Dear Mr. MacDonald:
MmW This is further to your letter of September 8, which transmitted revision 4 to Certificate of Compliance No. 6400 for the Super Tiger shipping package. As we have been informed in various telephone conversations and in a recent brief meeting with you and other representatives of the Transportation Branch, the changes you have made result in it being impossible for us to make shipments of the plutonium contami-nated waste which we routinely generate in the manufacture of fuel for the FFTF program. We understand that your intent was to incorporate changes necessary as a result of the requirements of 10 CFR 71.42. !!owever, we believe the actual changes you have made either result fron a misinterpretation of the requirements of 10 CFR 71.42, or are based ucon an arbitrary assessment of the lack of sufficiency of the Super Tiger for trans-( Dort of the kinds of wastes in question (or upon information not i available to us). To be specific,10 CFR 71.42 would require.nal. "plutanium in exces of twenty (20) curies per package shall be pach.ned ia a separate i inner container placed within outer packagin: that meets the require-ments of Subpart C for nackaging of materials in normal form. The ? separate inner container shall not release plutonium when the entire package is subjected to the normal and accident test conditions specified in Appendices A and B." The regulation goes on to specifically exclude plutonium in certain forms from these require-ments, but the plutonium waste we transport does not fall into any of those exempted categories. It is our position that the material we need to transport is of the type that is covered by the language quoted above, and that the iner Ticer ;e have been using for these snioments conforms with the oackagina re~uirements imcosed te"3cy. Tes's performed as a par: of the initial safety evaluation and demonstration proved the adecuacy Twa = w..i. p's.<...o. ...r
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UcLell!Oe r t./, 19/O Page 2 of this oackaging. Further, as far as we are aware, there is no test data indicating a contrary result for a Super Tiger packed with the DOT 17-H drums which we use. However, you have, inadvertently or otherwise, written revision 4 of the Certificate to exclude the transoort of such material by this method, by requiring that " plutonium in excess of twenty (20) curies per package must be in the form of metal, metal alloy or reactor elements...." We do not understand the reason for your imposition of this restriction on us, and we again point out that enforcement would have a serious detrimental impact on our current business activities. We have con-sidered alternative solutions you have suggested, but all to no avail. It is raquasted that the Certificate of Compliance i;o. 6400 be revised as shown in Attachment I which will enable us to resume our current business activities and at the same time meet the wording and intent of Federal Regulation 10 CFR 71.42. Your prompt reconsideration and formalized approval will be appreciated. If necessary, to obtain a timely resolution, we would be glad to meet with yot. Sincerely, kk.hUbbv Michael A. Austin, Manager, Technical Control MAA:kjr Enclosure cc: Mr. R. P. Dipiazza Westinghouse Electric Corporation P.O. Box 355 Pittsburgh, PA 15230
I ') ATTACHMENT I Proposed revision to Certificate of Compliance No. 6400 5.(b) (2) Maximum quantity of material per package. In the first paragraph, change wording from: " Plutonium in excess of twenty (20) curies per package must be in the form of metal, metal alloy or reactor elements, and", to read: " Plutonium in excess of twenty (2b) curies per package must be in the form of: metal; metal alloy, reactor elements; or, a solid non-pyrophoric contamination on or mixed with otherwise non-radioactive material, and". =}}