ML20003H584
| ML20003H584 | |
| Person / Time | |
|---|---|
| Issue date: | 04/24/1981 |
| From: | Menczer W NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III) |
| To: | Neuweg M ILLINOIS, STATE OF |
| References | |
| NUDOCS 8105060425 | |
| Download: ML20003H584 (2) | |
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APR. 2 4 331 Mr. Maury Neuweg, Deputy Director Office of Radiation Safety Illinois Department of Nuclear Safety 1035 Outer Park Drive Springfield,IL 62704
Dear Maury:
Thank you for your letter dated April 3, 1981 in which you forwarded for comment, copics of your notification procedure for the transport of spent fuel and Section 8a of Illinois House Bill (HB) 3614 which specifies the requirement.
As you are aware, Section 301 of Public Law 96-295 required the NRC to
" promulgate regulations providing for timely notification to the governor of any state prior to the transport of nuclear waste, including spent nuclear fuel, to, through, or across the boundaries of such state."
Proposed revisions to 10 CFR Parts 71 and 73 would impicment this requirement for Type B quantities of nuclear waste and for shipments of spent fuel, respec-tively.
On April 20, 1981, amendments to 10 CFR Part 70 became effective which extend current safeguard requirements for NRC licensees that ship irradiated reactor fuel to cover carriers, freight forwarders, warehouse organizations, and shippers' agents.
The amendments effectively issue a general license to all persons possessing such fuel during shipments. Previously, only the individual licensed to possess the fuel was responsible for its physical security during shipment. Under the general license, individuals possessing this material during the course of the shipment are also directly responsible for assuring the proper physical security of irradiated reactor fuel.
The general license pertains only to the carriage or storage in-transit of irradiated fuel subject to 10 CFR 73.37, which provides the requirements for physical protection of irradiated reactor fuel in transit. Part 73.37 requires that schedule information shall be protected in accordance with Part 73.21, which states in part, "(2) Safeguards Information may be trans-ported by messenger-courier, or United States first class, registered, express, or certified mail," and "(3) Safeguards Information shall not be transmitted by unprotected telecommunications circuits (including facsimile) 81050s o L1:2 fi
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2419$1( s Maury Neuweg a
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c except under emergency or extraordinary conditions."
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e Your procedure, which implements Illinois HB 3614, applies to all carriers y,
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of spent fuel in the State and requires "(1) the proposed route, (2) the place and time of entry into the state, and (3) the amount and source of the N
ct, ',2 _ Disaster Agency. Items (1) and (3) are public information, but proposed
.3-9 fuel" be provided by telephone to the Illinois Emergency Services and
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. y. '. Part 73.37 prohibits disclosure by telephone of the estimated date and time.
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.,: Assuming implementation of the proposed Parts 71 and 73 discussed above in.,
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7 : their curre.nt form, your procedure with regard to telephone transmission of,
date and time of shipment.would be in direct conflict with the NRC regulations.
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However,'since it is possible that the fin'ai rule, expected to be published ;
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this summer, may change the prohibition on use of unsecured teleco - ications
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systems, it is recommended that your Department not modify its proposed
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procedure until that time.
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m Fcr your information, I have enclosed relevant portions of 10 CFR Parts,70, p-71 and 73.
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If I may be of further assistance in this matter, please let me know.
4 Sincerely,
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G" William B. Menczer f
4 Regional State Liaison Officer u
Enclosures:
As stated cc:
P.F. Gustafson, Director, Illinois Department of Nuclear Safety E.E. Jones, Director, Illinois Emergency Services & Disaster
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l Agency M.Zukor, Illinois Deparnwnt of
.i Nuclear Safety bec: J.A. Hind, RIII J.R. Crced, RIII F.W. Young, OSP D.J. Kasum, NMSS C.B. Sawyer, NMSS J.R. Mapes, ELD PDR f enc.ral riles
. OFFICE SURNAME
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t6AC Form 3188 (R HI) (1781 NRCM O240 fru.S. GOVERNMENT PRINTING OFFICI:1 1919-289-237
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