ML20030D774
| ML20030D774 | |
| Person / Time | |
|---|---|
| Site: | 07106698 |
| Issue date: | 08/26/1981 |
| From: | Palladino N NRC COMMISSION (OCM) |
| To: | Aspin L HOUSE OF REP. |
| Shared Package | |
| ML20030D775 | List: |
| References | |
| NUDOCS 8109160215 | |
| Download: ML20030D774 (1) | |
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'4 UNITED STATES gg y.
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9 ugust 25,1981 OFFICE OF THE CHAIRMAN 15 a
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3 The Honorable Les Aspin "y
United States House of Representatives
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Washington, DC 20515
Dear Congressman Aspin:
This is in response to your letter cf July 23, 1981 regarding the contamination of a NAC-10 ca'sk during transport of spent nuclear fuel between Genoa, Wisconsin, and Morris, Illinois, earlie this year.
Specifically, you sought a moretorium on shipment of spent fuel until this contamination problem was resolved.
In his July 16, 1981 letter to you, Mr. Dircks stated that long range solutions to minimize. the amount of fixed surface contamination which becomes loosened during transport were under review by the Nuclear Regulatory Commission (NRC) staff.
Following careful consideration of the facts, the NRC on July 22, 1981, issued an Order to Show Cause (Immediately Effective) pt chibiting use of the NAC-10 cask outside the confines of facilities by NRC licensees until the NRC determines that Department of Transportation (DOT) surface contamination limits will not be exceeded on subsequent shipments of the package. This order will remain in effect until superseded by a second order either returning the package to service or making the Show Caure Order permanent. A copy of the Order is enclosed for your information.
The NRC has nat found evidence indicating that other casks have exhibited '
surface contamination in excess of regulatory requirements. Therefore, we do not intend to impose a moratorium on shipunt of spent fuel.
If you have any further questions regarding this matter, I would be pleased to assist you.
Sincerely,
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a ladino Chairman
Enclosure:
Order to Show Cause I
8109160215 810626 PDR ADOCK 07106698 C
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JUL 2 21981 71-6698 Gentlemen:
The attached order:
(a) Prohib'ts the use of Model No. NFS-4, Serial No. NAC-lD packaging by NRC licensees until reasonable determination is made by NRC that DOT surface contamination limits will not be exceeded on subsequent shipments of this packaging.
(b)
Requires further order of the Commission to return the packagings to service.
This order is effective immediately.
Sincerely, l
J J n G. Davis, Director Office of Nuclear Material Safety and Safeguards
Enclosure:
As stated cc w/ encl:
See next page Identical orders sent to those on g--
attached list O I O'3l 0%0--
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cc w/ enc 1:
U. S. Department of Transportation Materials Transportation Bureau ATTN: Mr. Richard R. Rawl DMT 221 Washington, D. C.
20590 Department of Energy ATTN Dr. Donald M. Ross MS E-201 Washington, D. C.
20545 Reynolds Electric and Engineering Company, Inc.
ATTN: Mr. Arden E. Bicker P.O. Box 14400 Las Vegas, NV 89114 Dak Ridge National Laboratory ATTN: Mr. William E. Terry l
P.O. Box X 1
Oak Ridge, TN 37830 Nuclear Assurance Corporation ATTN: Mr. Charles R. Johnson 24 Executive Park West Atlanta, GA 30529
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Department of Energy ATTN:
Mr. A. T. Newmann P.O. Box 14100 Las Vegas, NV 89114 Department of Energy ATTN: Mr. James M. Peterson P.O. Box 550 Richland, WA 99352 3:-
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Identical orders sent to:
Babcock and Wilcox Company Geeral Electric Company ATTN: Mr. A. F. Olse'n ATT!h Mr. D. M. Dawson P.O. Box 1260 175 Curtner Avenue Lynchburg, VA 24505 San Jose, CA 95125 f.
Baltimore Gas & Electric Company Jersey Central Power & Light Company ATTN: Mr. A. E. Lundvall, Jr.
ATTN: Mr. John Sullivan, Jr.
P.O. Box 1475 P.O. Box 388 Baltimore, MD 21203 Forked River, NJ 08731 Battelle Columbus Laboratories Maine Yankee Atomic Power Company ATTN: Mr. Harley L. Toy ATTN: Mr. L. H. Heider 505 King Avenue Turnpike Road'(RT 9)
Columbus, OH 43201 Westboro, MA 01581 Mr. L. H. Heider Boston Edison Company Turnpike Road (RT 9) Westboro, MA 01581 ATTN: Mr. G. Carl Andognini 800 Boylston Street Nuclear Fuel Services, Inc.
'30ston, MA 02199-ATTN: Mr. Larry Wiedemann P.O. Box 124 Commonwealth Edison West Valley, NY 14171 ATTN:
Director of Nuclear Licensing P.O. Box 767 Rochester Gas & Electric Corporation Chicago, IL 60690 ATTN: Mr. John E. Maiser 89 East Avenue Dairyland Power Cooperative
. Rochester, NY 14649 ATTN: Mr. R. E. Shimshak P.O. Box 135 Southern California Edison Company Genoa, WI 54632 ATTN: Mr. William H. Seaman P.O. Box 800 Duke Power Company Rosemead, CA 91770 ATTN: Mr. W. O. Parker, Jr.
422 South Church Street Westinghouse Electric Corporation Charlotte, NC 28242 ATTN: Mr. A. J. Nardi P.O. Box 355 Florida Power and Light Company Pittsburgh, PA 15230 ATTN: Mr. Robert E. Uhrig P.O. Box 529100 Wisconsin Electric Power Company k-Miami, FL 33152 ATTN: Mr. Sol Burstein 231 West Michigan Florida Power Corporation Milwaukw, WI 53201 ATIN:
Dr. Patsy Y. Baynard P.O. Box 14042 St. Petersburg, FL 33733
UNITED STATES OF AMERICA NUCLEAE..EGULATORY COMMISSION In the Matter of
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Docket No. 71-6698 NRC CERTIFICATE OF COMPLIANCE
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N0. 6698 FOR RADI0 ACTIVE
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MATERIALS PACKAGES
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ORDER TO SHOW CAUSE (IMMEDIATELY EFFECTIVE)
I On November 14, 1972, a Certificate of Compliance under 10 CFR Part 71 was issued to Nuclear Fuel Services, Inc., for Model No. NFS-4 cask design. The latest license expired on December 31, 1980, and is currently under timely renewal.
The packaging (" cask") identified as Serial No. NAC-1D is one.of seven casks manufactured to the Model No. NFS-4 design.
All seven were suspended from service by the Commission's April 6,1979 Order concerning structural' integrity.
On December 12, 1979, af ter further evaluation of the structural integrity, the Commission permitted three casks, including Cask Serial No. NAC-lD, to return to service with certain restrictions on their use.
II On at least seven occasions between August 1980 and July 1981, following offsite transportation, the cask displayed imparmissably high levels of surface contamination under the Department of Transportation's regulations, 49 CFR 5173.397.
Following the discovery of the excessive contaminations, the cask, before reshipment, was required to be decontaminated to the levels permitted by 49 CFR 5173.397.
After transportation following the decontaminations, the cask repeatedly arrived with ' surface contamination exceeding the permissable limits of 22,000 dpm/100 cm2 by as much as 2
2,000,000 dpm/100 cm.
The increase in surface contamination exhibited f.
following transport suggests that contamination which originally was fixed, was released in transit.
The reason for this excessive contamination, which may be related to the surface finish of the cask, is not fully understood. There appears to be no reasonable assurance that future shipments of the cask would be within the surface contamination limits set forth in 49 CFR 5173.397.
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2-4 III In view of the repeated instances of excessive surface contamination, in violation of 49 CFR 5173.397, reasonable assurance does not now exist that the public health and safety will not be jeopardized by the continued use of this cask. Therefore, I find that the public health, safety and interest require immediate suspension of use of cask Mooel No. NFS-4, Serial No. NAC-lD.
IV In view of the foregoing and pursuant to Sections 57,62,81,and161(b) of the Atomic Energy Act of 1954, as amended, and the Commission's 1
j regulation in 10 CFR Parts 2 and 71, IT IS HEREBY ORDERED THAT:
(A) Use of the cask designated as Model No. NFS-4, Serial No. NAC-1D, l
outside the confines of a licensed facility or plant is suspended, effective immediately; provided that, for the sole i
purpose of attempting to requalify the cask for use outside the confines of a licensed facility or plant, it may be transported (empty) once to an appropriate testing / rehabilitation site, subject to the follow.ing procedures:
(1)
Prior to shipment, surface contamination of the cask shall not exceed the levels pennitted by 49 CFR 5173.397.
(2) The cask shall be packaged in plastic bagging covering the entire external surface of the cask except the trunnions, which shall be covered with tape.
The bagging shall be secured with tape and banding.
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(3)
A health sysics technician carrying monitoring instruments and extra tape, shall accompany the shipment.
(4)
The integrity of the bagging shall be verified at transport intervals of not more than 80 miles.
(B) The owner / user show cause, as specified in Section V of this Order, why the suspension of the general license should not be continued until the Director, Office of Nuclear Material Safety and Safeguards, finds there is reasonable assurance that surface contamination levels will not exceed the require-ments of 49 CFR 5173.397 at any point during future shipments of the cask.
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In determining whether there is reasonable assurance that the cask will not experience excessive contamination levels in transport, the Director will consider among other things:
(1) The extent of the understanding of the cause-of the excessive surface contamination (e.g., improper decontam-ination of cask surfaces and condition of cask surfaces).
(2) The action taken to refurbish the cask surfaces and/or decontamination procedures to be used compatible with user waste treatment facilities.
(3)
Tests performed which simulate transport conditions to demonstrate the response to Items (1) and (2) above are correct and that excessive contamination levels will not be experienced.
V An owner / user to whom this order applies may show cause within 25 days of the date of this Order by filing a written answer under oath or
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affirmation which sets forth the matters of fact and law on which the licensee relies.
The owner / user may answer, as provided in 10 CFR 52.202(d),
by consenting to the entry of an order in substantially the form proposed in this Order to Show Cause.
upon failure of the owner / user to file an answer within the specified time, the Director, Office of Nuclear Material Safety and Safeguards, may issue without further notice an order continuing the suspension as described in Section IV above.
VI The owner / user or any other person who has an interest affected by this order may request a hearing within 25 days of the date of this Order.
Any answer to this Order or any request for hearing shall be filed with Mr. John G. Davis, Director, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555.
Copies shall also be sent to the Secretary of the Comission and the f~
Executive Legal Director at the same address.
If a person other than the owner / user requests a hearing, that person shall describe specifically, in accordance with 10 CFR 52.714(a)(2), the nature of the person's interest and the manner in which that interest is affected by this Order. ANY REQUEST FOR A HEARING SHALL NOT STAY THE IMMEDIATE EFFECTIVENESS OF SECTION IV (A) 0F THIS ORDER.
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VII If a hearing is requested, the Commission will issue an Order designating the time and place of any hearing.
If a hearing is held, the issue to be considered at any such hearing shall be whether this Order should be sustained.
FOR THE NUCLEAR REGULATORY COMMISSION N
Jo n G. Davis, Director Office of Nuclear Material Safety and Safeguards Dated at Bethesda, Maryland this 22. day of July 1981.
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