ML20034F507
| ML20034F507 | |
| Person / Time | |
|---|---|
| Issue date: | 12/18/1992 |
| From: | Rogers K NRC COMMISSION (OCM) |
| To: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| References | |
| RULE-PRM-60-4 NUDOCS 9303030328 | |
| Download: ML20034F507 (3) | |
Text
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b RELEASEDTOTHE PDR N:0 T A T I 0 N V0TE
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SAMUEL J. CHILK, SECRETARY OF THE COMMISSION l
FROM:
C0lHISSIONER R0GERS
SUBJECT:
SECY-92-391 - DENIAL OF PRM-60 PETITION FOR RULEMAKING FROM THE STATES OF WASHINGTON AND OREGON REGARDING CLASSIFICATION OF RADI0 ACTIVE WASTE AT HANFORD
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. DISAPPROVED ABSTAIN APPROVED c* u e nts n
NOT PARTICIPATING REQUEST DISCUSSION l
C0lHENTS:
I I agree with the staff's recommendation regarding denial of the i
petition.
I also agree that DOE should perform ongoing assessments l
of the wastes as they are processed.
However, I believe that it is DOE's responsibility to communicate to NRC any new indication that some of the wastes are subject to NRC licensing.
Accordingly, I do not think that DOE needs to keep us informed of its ongoing i
assessments.
The enclosed mark-ups to the Federal Register notice i
and the letter to DOE reflect these thoughts.
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l Ek LSLh SIGNATURE M
RELEASE VOTE
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Oc% lI d T L l
DATE WITHHOLD VOTE
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ENTERED ON "AS" YEs
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NO i
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'C 9303030328 921218 PDR COMMS NRCC I
CORRESPONDENCE PDR v
i It has obtained and evaluated ac.ted ih this manner in its inquiries to DOE.
information that is relevant and material to a determination whether or not the proposed activities of the DOE are subject to NRC licensing jurisdiction.
All the information obtained and evaluated has been made available
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contemporaneously to the public.
Moreover, as a practical matter,[the NRC has requested the DOE to
. periodically submit summaries of the analytical results of all samples of thej grout feeds for disposal as incidental wast RC recognized the uncertainties associated with the projected radionuclide inventories in the tank wastes and endorsed DOE plans fc.
apling and analyzing the grout feeds before disposal.
The objective of these efforts is to control the final composition of the grout wastes.
If DOE finds that inventories of key radionuclides entering the grout facility are significantly higher than DOE estimated in 1989, DOE should notify NRC so tk t the Commission could n
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reconsider its classification of the waste. iNRC has also requested DOE to provide the summaries of the analytical data to other affected parties.j If a standard of " largest technically achievable amount.... will be isolated" were to be applied, then the facts submitted by DOE might not be sufficient to conclude that NRC lacked jurisdiction.
However, the proper standard includes considerations of economical practicality as well. As indicated in an earlier part of this decision, the Commission has obtained information that is sufficient for this purpose.
3.
Future Ad_iudications The petitioners contemplate that if a rule were to be adopted in 18
i incorporated in a solid physical form at a concentration that does not exceed t,he applicable concentration limits for Class C low-level waste as set out in 10 CFR Part 61; and (3) will be managed, pursuant to the Atomic Energy Act, so that safety requirements comparable to the performance objectives set out in 10 CFR Part 61 are satisfied.
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It is therefore essential, in the light of this position, that DOE's present reevaluation of waste tank remediation options, and subsequent periodic l
evaluations as may be conducted, include the application of these principles.
We recognize that there may be significant economic, programmatic, and safety 4
factors affecting the remediation program, but the consideration of such factors as they may relate to the possible jurisdiction of NRC should be made
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,Gyr, pch : niaL-c1 ear.
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i l[e request that you keep us, informed of the progress of yotir ongoing reassessment and of relevant technical information includjhg, but not limited to, your, tank waste treatmsnt plans and the/ analytical r(sults-for tank wastes that_are proposed to be-sent to the groutzfacility.j"Ifdit becomes apparentr,r p that any wastes may be subject to NRCTicensing, it will be necessary i
determine what form of pre-licensing interactions,, analogous to repository site characterization, would be +ecepry to ds4ermkre the appropriate,Q
-m dp em disposition of these wastes.
7 M
'M I trust that this letter, and the enclosed petition denial, provide the 6
information requested in Leo P. Duffy's November 4,1992, letter to Chairman l
Ivan Selin, regarding NRC's intended response to the rulemaking petition by l
i the States of Washington and Oregon.
If you have any further questions, please feel free to contact me, at 301-504-3352, or B.J. Youngblood, Director I
of the Division of High-Level Waste Management, at 301-504-3404.
Sincerely, Robert M. Bernero, Director Office of Nuclear Material' Safety and Safeguards
Attachment:
As stated cc:
J. Anttonen, DOE J. Bartlett, DOE L. Duffy, DOE D. Duncan, EPA R. Stanley, Washington State J. Franco, Oregon State R. Jim, YIN J
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