ML20003C042
| ML20003C042 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 01/07/1981 |
| From: | Dircks W NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | Bateman C ENERGY, DEPT. OF |
| References | |
| NUDOCS 8102260503 | |
| Download: ML20003C042 (2) | |
Text
f ~'~u 4
UNITED STATES f$ec h
NUCLEAR REGULATORY COMMISSION gg 3 MO E
WASHINGTON, 0. C. 20535 37 E
ca.
/
January 7,1931 The Honorable C. Worth Bateman Acting Under Secretary of Energy Washington, D.C.
20545 d
Vf Dear Mr. 3
- nan:
As indicated in.Chainaan Ahearne's 0:tober 20,1980 letter to' Secretary Duncan, the Com=fssion is can'cerned that DOE has limited the scope of its staffs activities relative to the cleanup at TMI-2, specifically, that DOE has not included in their planning, immobilization at existing DOE facilities of high specific activity wa::es which are anticipated to be generated from the cleanup.
NRC understands that your staff has raised questions about accepting these wastes for processi.ng and storage at DOE facilities, even though experienced staffs and suitable technology or systems appear to be available at the existing DOE high level waste handli_ng and processing facilities, and the required irraobilization steps are beyond the current capabilities of Metropolitan Edison Company. The DOE questions, as expressed to our staff, center on the applicability of NRC licensing requirements which might ae associated with transfer of these high specific activity materials from Metropolitan Edison Company, to a DOE facility. Based upon our understanding of the needed activities and the resources and facilities available to you to carry out these activities, NRC licensing requirements should not apply.
As you know, licensing authority with respect to 00E waste management facilities is derived from section 202(3) of the Energy Reorganization Act of 1974 Under that provision, the Comission exercises licensing authority as to DOE
" facilities used primarily for the receipt and storage of high-level radioactive wastes resulting from activities licensed under [the A:cmic Energy Act]." The term "high-level radioactive wastes" has been used in the past to refer solely to spent fuel and reprocessing waste. We would not rule out the tenn's application to wastes which present comparable hazards, possibly including those frca TMI-2.
However, even if the materials are deefned to be "high-level radioactive wastes," NRC would have no jurisdiction over the DOE facilities at which they are stored (or disposed of) unless those facilities are used primarily for receipt and storage of c =ercial wastes.
If the Department were to take custody.cf the TMI-2 waste, we anticipate that it would be stored at a location having some other primary use, and acccrdingly ;;RC licensing would not be required by law.
8102aco 93
~
~
^^
g.
7 m.
y.
The Honorable C. Worth Bateman '
We note that the material w:uld need to be processed, at some point, to make a
it suit.able for disposal.
It is our position that such processing is not encompassed by the terms ' receipt ar.d storage," so that the facilities in which processing activities were performed would not be subject to licensing under section 202(3).
Please c:nuet me if you wish to discuss this catter further.
Sincerely, (Signe:DWillia::11. Dircy William J. Dircks Executive Director for Operations t e
-