ML20044B570
| ML20044B570 | |
| Person / Time | |
|---|---|
| Issue date: | 08/19/1992 |
| From: | Bernero R NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | Lytle J ENERGY, DEPT. OF |
| Shared Package | |
| ML20044B571 | List: |
| References | |
| REF-WM-1 NUDOCS 9209240171 | |
| Download: ML20044B570 (2) | |
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UNITED STATES NUCLEAR REGULATORY COMMISSION n
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% **....o' AUG 191992 Ms. Jill E. Lytle Deputy Assistant Secretary for Waste Management l
Environmental Restoration and Waste Management U.S.' Department of Energy Washington, DC 20585
Dear Ms. Lytle:
The Nuclear Regulatory Commission is in receipt of the enclosed petition dated July 25, 1991, submitted by Mr. F. Robert Cook, regarding the storage of spent fuel at Battelle Pacific Northwest Laboratory (BPNL) and at the Hanford 200 Area burial grounds (Enclosure 1).
" Federal Register Notice of Receipt of Petition" is attached in Enclosure 2.
According to Mr. Cook, and as confirmed by the Department of Energy's-(DOE) earlier letter, dated May 7, 1992, from you to Mr. Cook, it appears that spent fuel and fuel materials from NRC-licensed reactors are in fact being stored at Hanford. The question is therefore presented whether, pursuant to Section 202(3) of the Energy.
Reorganization Act of 1974, such storage falls within the jurisdiction of NRC, As you know, Section 202 provides, in part, that the Connission shall "have licensing and related regulatory authority... as to... (3) Facilities used primarily for the receipt and storage of high-level radioactive wastes resulting from activities licensed under (the Atomic Energy] Act."
In his petition, Mr. Cook makes the argument that DOE's acquisition of the spent fuel for research and development purposes is not pertinent to determining licensing requirements for the facilities referred to in Section-202(3). A literal reading of the statute would' tend to support his. view..
In short, it appears that DOE does now have facilities used for storage of high-level radioactive wastes resulting from activities licensed under the Atomic Energy Act.
If.those facilities are "used primarily for the receipt and storage" of such wastes, it appears they-would need to be licensed. We are requesting information from you that would enable us to determine whether any facilities at Hanford fal1 within this classification.
Firs't, as to the BPNL, please indicate whether this is a single facility or multiple facilities, with an explanation for your answer. Also, please indicate the primary use of any BPNL facility at which spent fuel resulting from NRC-licensed activities may be stored, with an explanation of the reasons supporting your answer.
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-Ms. Jill E. Lytle Similarly, please indicate whethir the Hanford '200 Area burial grounds -
constitute a single facility (or a portion of a larger facility), with an.
explanation of your answer. Also, please describe the use of the facility'in sufficient detail to determine whether the storage of spent fuel from NRC-licensed activities is its primary use.
As to any facility that is being used for the storage of spent fuel resulting from licensed activities, please advise when such facilities entered into-service and when such spent fuel may have been received for storage.
We would appreciate receiving the information requested above within 30 days from the date of this letter.
Si O Ro er
'M.
rnero,~ Director i
Office of Nuclear Material Safety d
and Safeguards
Enclosures:
1.
Mr. F. Robert Cook petition dated July 25, 1991 2.
Federal Register Notice of Receipt of Petition ec: Mr. F. Robert Cook with DOE letter dated 5/7/92 i
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2552 Harris Avenue Richland, Washington July 25, 1991 Robert M.
Bernero, Director Office of Nuclear Material Safety and Safegua~rds U.S.N.R.C.
Washington, DC 20555
SUBJECT:
REQUIREMENT TO LICENSE OR OTHERWISE REGULATE FACILITIES AND THE HANDLING OF HIGH-LEVEL RADIOACTIVE WASTES (SPENT FUEL) AT HANFORD, RESPONSE TO NRC LETTER OF JULY.17, 1991, REQUEST FOR ACTION UNDER 10 CFR 2.206--
Dear Mr. Bernero:
This is in response to the subject letter.
Your letter indicated that "A license application submittal, by the
- DOE, for the storage of spent fuel obtained for research and development activities, is not appropriate."
This appears to be an unfounded interpretation of the law, i.e.,
Paragraph (4) of Sec. 202 of the Energy Reorganization Act (ERA), if it is intended to apply to the commercial spent fuel in storage at the DOE Hanford facility hot cells operated by the Battelle Pacific Laboratory.
(Table C.4 from DOE /RW-OOO6.Rev.6, " Integrated Data Base for 1990:
U.
S.
Spent Fuel and Radioactive Waste Inventories, Projections and Characteristics" of October 1990 (attached >
identifies fuel in storage in a
facility at
- Hanford, generated by a licensed facility.)
The fact that the spent fuel in question was "obtained for research and development activities" is not pertinent to determining licensing requirements for receipt or storage facilities for wastes referred to in Paragraph (3) of Sec. 202 of the ERA.
The Paragraph (4), Sec. 202 ERA specification of facilities subject to NRC regulation only applies to Administration generated wastes and, then, only to facilities which are not used for, or are part of, research and development activities.
This would exempt the WIPP facility and other R&D facilities being used to validate designs of facilities for long-term storage or disposal of high-level radioactive weste.
The exemption in Paragraph (4) does not apply to non-Administration generated wastes.
It should be noted that much of the spent commercial fuel
'in the hot cells at Hanford was not used in past research and development activities in any case.
but was incidental, extra spent fuel received by Battelle for the Administration.
Burial trenches in the 200 Area at Hanford are not facilities considered to be used for research and development activities, but are actual burial grounds or long-term storage facilities.
As indicated in Table C.5 of the Integrated Data Base referred to above (attached),. commercial spent fuel is in storage in these trenc.5es
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4 For example, fuel from Administration generated wastes.these burial grounds and are along with INEL and the FFTF at Hanford are in to the time long with respect long-term, i.e.,
(This definition of long-stored there for the to manufacture and burn the fuel.
d d is consistent with the definition of long-term storage inten e at took the time the and was in use by the AEC at term authors of the ERA by the ERA was passed.)
the Administration's storege of associated with this is an One of the issues long periods of time is that spent fuel in hot cells over with normal requirements for an NRC inconsistent the requirements in 10 unsafe practice and for example, licensed fuel storage facility, in the ground is likewise subject fuel to the storage of spent point of view with respect CFR 72.
The from an environmental for a deep repository.
to question requirements in 10 CFR 60 that DOE should be able letter to me you indicated to explain its rationale for not having submitted a
license In closing your fuel from NRC licensed for the storage of spent why they have not submitted a application asked the DOE It was rational answer.
I have received no reactors.
of you regarding evidence that license application and have inquired NRC's endorsement of any DOE for this reason that I
licensing is or is not required.
assuming they decide regulation is not
- required, is reason as well as those It is for this
- reason, requesting action under 10 CFR warranted in any case.above that I ea reasons identified 2.206.
REQUEST FOR ACTION letter as a request for action under 10 CFR 2.206 to the Director of the Office of Nuclear Materials, Safety and Please take this Safeguards to exercise his authority to require a
license t to high-level application from the Department of Energy with respecidentified in attachme in sites at Hanford ce with provisions radioactive wastes d
this letter and to expedite regulation in accor an10 CFR 72 or ot of 10 CFR 30, Thank you for your attention to this matter.
Sincerely, F. Robert Cook and C.5 from DOE /RW-OOO6.REV.6, noted--Tables C.4 Attachments as OCTOBER 1990.
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Integrated Data Base for 1989:
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Spent Fuel and Radioactive Waste inventories, g,/;'
Projections, and Characteristics
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U.S. Department of Energy Assistant Secretary for Nucteer Enory Assistant Secretary for Defense Programs Office of Ciwiian Radioactive Waste Management Washington, D.C. 20585 g
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Table C.S.
Maecollanoeue, bagbly redleective meterials etered at 13ne Bento ciel grounde, en of December 31 1988*
U centent, kg Total Fna content D
23 Source of meterial Caugseeltien Description Total gggy EUR 11 (Esperimental Breeder Reester)
Frase lutt.
WD #E'd3 ' 38'*I*d 8"***d A" I'"' 38'I" 'dI"" *
'3*S3 3*
2 2
St.S-in. shielded carben eteel cooke From INE1. and FFTT (Feet Flus Test ID /Puo. SS-cles Stored in five 30-in.-dian x 34.65 F.55 9.81 2
g Factitty) et Renford St.S-la. oblolded carbon eteel caske Fast Critical Factitty and SEftR ID #FUO Stored in twenty-tmo 75.3-in, a 40.49 4.88 4.70 2
Z (Southwest Emporimmatel Feet Outds 65.5-in. M 85.S-An. ccacrete Beector) from GE. Yellecitos. CA caske E reactor thahnamen 12 anortclun target elemente 0.024 0.024
.074 O
8 etered in ene 30-in.-dies x 69-in. Zlaceley cantainer IAS from ETR. ftanticelle Reactor.
U0 Pellete Stored la ela 30-in.-dime x 63.28 1.29 0.39 2
quod C!ttes 1 Reactor, and 39.S-In. obielded carboen M111steme Reactor steel caske TRIGA (Training React.or. Isotopes.
Zr-U bydride 3.6-tm dies M F2 sze fuel 17.2 3.26 0,013 Omeerst Atande) from Oresen State (S wt 2 U).
eesemblies etered/ buried in Walversity Al-clad thirteen SS sel concrete-filled druoue, ela to seven ensemblies per druse Tetel 201.17 24.34 18.79
- see ref.
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h intoamatten regarding the Insatsup of thle fuel is eve 11oble.
- Eunrichment of urentue not provided.
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' UNITED STATES -
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.i NUCLEAR REGULATORY COMMISSION..
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'%;7'.f SEP 0 31991
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Mr. F. Robert ~ Cook 2552 Harris Avenue Richland, Washington 99352 1
Dear Mr. Cook:
This letter is to acknowledge receipt of your Petition dated July 25,-1991, in
. hich you request the Director of the Of.fice of Nuclear Material Safety and w
Safeguards to exercise his authority to require submittal'offa. license-appifcation~from the Department of Energy-(00E) with' respect to certain-high-level radioactive waste (spent fuel) from NRC licensed reactors in sites at Hanford.- The Petition states that~the 00E practices with respect to, these high-level radioactive materials are inconsistent with'10 CFR Parts 60 t
and 72.
You assert as basis.for this request that:(1)'Section 202(3) of-the Energy Reorganization Act of 1974 exemption of Section 202(4)(of the ERA does~ not-apply since the de spent fuel wastes in storage. at Hanford.are "Non-Administration generated wastes" (the' Energy Research'and Cevelopment Admin 1stratton referenced in Section 202 of the ERA is now the 00E) and the burial trenches in the "200-
-Area" at Hanford are not facilities considered to be used for "research and development activities."
Your Petition has been referred to the" staff for action pursuant to 10 C.F.R.
O i 2.206 of the Commission's regulations. As provided by-section 2.206..
appropriate action will be taken on your request within a reasonable time._
I-have enclosed for your information a copy of the notice that is being filed with the Office of the Federal Register for publication.
Sincerely, Robert M. Bernero,; Director Office of Nuclear. Material Safety.
and Safeguards
Enclosure:
As stated
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-[7590-01]
UNITED STATES NUCLEAR REGULATORY COMMISSION
-i RECEIPT OF PETITION FOR DIRECTOR'S DECISION' UNDER 10 C.F.R. I 2.206 Notice is-hereby given that by Petition dated July 25, 1991, F. Robert Cook requests that the Director of the Office of-Nuclear Material Safety and Safeguards exercise his authority to require submittal of a Itcense application from the Department of Energy (DOE) with respect to certain high-level radioactive wastes (spent fuel) from.
NRC licensed reactors in sites at Hanford. The Petition states-that:the DOE practices with respect to those high-level-radioactive: materials are inconsistent with 10-CFR Parts 60 and 72. The Petitioner asserts as:-
grounds for this request that (1) Section 202(3) of the Energy.
Reorganization Act of 1974 (ERA) requires such license application and-(2) the exemption of Section 202(4) of the ERA does. not apply since-the designated spent fuel wastes in storage at Hanford are "non-Administration,n generated wastes" (the Energy Research and Development Administration referenced in section 202 of the ERA is now the DOE) and the burial-trenches in the "200 Area" at Hanford are not facilities considered to be used for.
"research and development activities." The request is being.. treated pursuant: 1 to 10 C.F.R. I 2.206 of the Commission's_ regulations.
As provided by section 2.206, appropriate action will be taken on this request'within a.
reasonable time.
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p A copy of the Petition is available for inspection' and copying in the Consission's Public Document Room, 2120 L Street, NW., Washington, D.C. 20555.
Dated at Rockville, Maryland, this 3 day of' %.
FOR THE NUCLEAR REGULATORY COMMISSION w
Robert M. Bernero,' Director Office of Nuclear Material Safety.
and Safeguards e
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Washington, DC 20585 i-
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4 MAY 0 71992 Mr. Robe'rt F. Cook l
2552 Harris Avenue Richland, Washington -99352
Dear Mr. Cook:
I have been asked to respond for the Department of Energy (DOE) to your letter dated May 28, 1991, to Mr. Robert Bernero of the Nuclear Regulatory Commission (NRC). ~Your letter expressed concern that the DOE is storing spent fuel originating from licensed reactors at its Hanford Site without having submitted a license application for NRC's approval under section 202(3) of the Energy Reorganization Act of 1974.
As Mr. Bernero's letter dated July 17, 1991, to you points out,
~
DOE facilities are generally exempt under section 110 of the-Atomic Energy Act of 1954'from NRC licensing. However, section 202 of the Energy Reorganization'Act of 1974 creates curtain delineated exceptions to the general rule. Under sections _202(3) and 202(4), the NRC is authorized to' license and regulate certain.
DOE facilities that receive and store high-level radioactive waste. DOE facilities covered by these sections are (1) facilities used primarily for the. receipt and storage of high-level radioactive waste resulting from activities licensed under.
the Atomic Energy Act and (2) facilities authorized-for the 4
express purpose of subsequent long-term storage of DOE-generated.
high-level radioactive waste other than those facilities used for, or as a part of, research and development. activities.
While NRC licensing of certain DOE high-level radioactive waste storage facilities is anticipated in the future, current DOE storage facilities are not covered by sections 202(3).or 202(4) and are therefore not licensed by NRC. The' legislative-history of section 202 is helpful.on this point:
(Sections 202(3) & 202(4)] provide-[NRC) the authority and-responsibility for licensing and related regulation of retrievable surface storage facilities and other-facilities for-high-level radioactive wastes which are or may be authorized by :
the Congress to be built by-[D0E] or with [ DOE] financial.
. assistance for long ters (tens to hundreds of years) storage of -
such radioactive wastes generated by the (D0E] or to which:
present high-level radioactive wastes may be transferred by the (DOE] in the future.
It is not the intent.of the committee to I
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8 require licensing of such storage facilities which are already in existence or storage facilities which are necessary for the short-term storage of radioactive materials incidental to DOE's R.& D. activities.
(S. Rep. No.93-980, 93rd Cong., 2d Sess. 59 (1974), U.S. Code Cong. & Admin. News 1974, pp. 5470, 5521.)
The spent fuel and fuel materials from NRC licensed reactors being stored at Hanford generally fall into two categories.
The first category is spent fuel from university reactors that was loaned to them by DOE as part of a University Reactor Assistance Program for use in research and development activities.
This fuel was owned by DOE and is being stored until a decision is made as to its final disposition.
The second category is spent fuel and fuel materials purchased by DOE or obtained under DOE contracts from commercial sources for DOE research and development. The research these materials supported included development work on geologic disposal of spent fuel, spent light water reactor fuel durability, high-burnup effects studies, and fast flux studies. No spent fuel or fuel material was obtained for storage only. These materials are now in storage because they are no longer needed and a decision on their disposal is pending.
Both categories of materials are presently 1.1 short-term storage either at Pacific Northwest Laboratory facilities or at the low-level burial grounds at Hanford. These facilities are not used primarily for the storage of high-level radioactive waste from licensed activities nor are they the kind of non-research and development related, long-term high-level radioactive waste storage facilities envisioned by sections 202(3) or 202(4). We share Mr. Bernero's view, expressed in his letter to you, that NRC has no authority to license these facilities.
We hope this information is helpful to you and responds adequately to your concerns.
Sincerely, r
l'.
Jll E. Lyt 1 uty Assi tant Secretary for Waste Management Environmental Restoration and Waste Management j
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