ML19345D085
| ML19345D085 | |
| Person / Time | |
|---|---|
| Site: | Quad Cities  |
| Issue date: | 05/09/1980 |
| From: | Peoples D COMMONWEALTH EDISON CO. |
| To: | James Keppler NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III) |
| Shared Package | |
| ML19345D082 | List: |
| References | |
| NUDOCS 8012090045 | |
| Download: ML19345D085 (2) | |
Text
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% Ccmm:;nwccith Edison W
ca. vas: won, a a c.wace miac s s
Accress Cec y to Post Onec Set 757 CNca;c. '+:.nois 60690 O
May 9, 1930 Mr. James G. Keccler, Directc:
Directorate of inspection and Enforcement - Regicn !!I U.S. Ny:le ar Reculatc;,. Commi s3 2 tr 799 Acc evelt Rcac Gicn E11 n, IL 60.77 3
5_ c ie:: :
- uac Cities Station unit 1 Accitional Response to IE Inspection Ac;;rt No. 15CCCO39/79-06E NRC Decket Ncs. 50-254 References (a)
A.
S. Davis letter to C. Reec cated April 21, 1930 (c):
D.
L.
Feeples letter to J. O. Keppler dated Maren 18, 1980
Dear Mr. Kecpler:
Reference (a) provioed a reply to our resconse to the sucject inscection recort (Reference (b)).
This reply stated your cisagreement witn our interpreta".icn of tne re;ulaticns and our position :nat a ncnccmpliance cic not occur.
Reference (a) citec Re;ulations 49 CFR 173.392 (c)(S), 49 CFR 171.8, and 49 CFR 173.393
'j;(3) anc (a) to icentify sections nere ncncompliance existec.
l The accve regulation wc cing apparently allows cifferent l
interpretaticns.
Our revtew of these regulations continues to su; port cur conclusion tnat ne radicactive waste snipment icentified l
in :ne sucject i.upection report was in full ccmpliance with the regulations.
Our casis for tnis is as follows:
1.
49 CFR 171.8 defiaes " Package" or "Outside Package" as packaging plus its centents.
" Packaging" is defined as l
"the assemcly cf one or more containers and any other ccmconents necessary to acsure como11ance witn the minimum packacinc recuirements of this subchapter..."
(emchasis accec).
This definition also excluces freight containers from the cefinition of " packaging".
l Note that Oackaging" is definco as one or more l
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Cc:nmenwealth Edison sSW j
Mr. James G. Keppler, Director Maj 9,
198C Page 2 containers not one or more packages.
The drums which were snipped are approvec Type A packages, and in tnemselves met all applicaole cackacinc requirements as statec in tre definition of packaging, as will De shown celow.
2.
49 CFR 173.393 (j)(1) tnrougn (4) specify raciation limits for snipment.
The only cackacing requirement is part (j)(1).
Tne incividual Type A packages, the crums tnemselves, met tnis requirement.
Tne raciation limits set forth in parts (j)(2) througn (4) are venicle recuirements.
The shieldec cask is used 'o meet tne venicle recuirements only, anc is nct necessary to meet the minimum packacino requirements.
Ine re fo re, acclying tne cefinition of " package" :n 49 CFR 171.8, the cash nust be defined as part of the venicle (or a freight container) anc not a package.
3.
-9 CFA 173.392 (c)(3) recuires tnu catside cf eatn ca.sice package to Oe mc Rec "Rauicactive-L5A".
Since tne cruns are tne ;acsages and not tne cack (see 2 acove) tnis re;uirenent was satisfied.
4 Tne shipping cask is noIe p cperi) classified as a freignt container.
49 CFR 171.8 de fines a " freight ccotainer" as "a reuscacle containe having a volume of 64 cucic feet or more designec and constructed to ce:mit ceing liftec =;tn its contents intact and intendec primarily for containment of packages (in unit form) curing transportation".
As stated in 1. acove, a l
freignt centaine: is specifically excluced from the l
c2finition af " packaging".
Since it is not a package, it neec not ce marked per 49 CFR 173.392(c)(8).
Basec on tne acove ciscussion, we believe that the
.cicactive was" snipment identifie. in tne subject insoection applicaole requirements of 49 CFR Part 170-189, report cic meet s_.
l as recuirec by 10 CFR 71.5, and tnat tnere were no items of noncompliance.
Please accress any accitional questions you may have l
concerning tnis matter to tnis office.
Very truly yours, (f Y 7
4a/
O.
L.
Peop s
Director cf l
Nuclear Licensing l
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