ML20045H035
| ML20045H035 | |
| Person / Time | |
|---|---|
| Issue date: | 08/14/1992 |
| From: | Fraley R Advisory Committee on Reactor Safeguards |
| To: | Bernero R NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| Shared Package | |
| ML20044B453 | List: |
| References | |
| FRN-57FR15034, FRN-57FR47978, RULE-PR-50 ACRS-GENERAL, AE04-1-008, AE04-2-006, AE4-1-8, AE4-2-6, NUDOCS 9307160268 | |
| Download: ML20045H035 (3) | |
Text
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NUCLEAR REGULATORY COMMISSION n
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aE ADVISORY COMMITTEE ON REACTOR SAFEGUARDS go9,o 0,
WASHINGTON, D. C. 20555 flM August 14, 1992 MEMORANDUM FOR:
Robert M.
Bernero, Director Office of Nuclear Material Safety F5 d Safeguards
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FROM:
Raymond F.
Fraley, Executive Director Advisory Committee on Reactor Safeguards
SUBJECT:
PROPOSED RULEMAKING TO AMEND 10 CFR 50.54,
" RECEIPT OF BYPRODUCT AND SPECIAL NUCLEAR MATERIAL" During the 388th meeting of the Advisory Committee on Reactor Safeguards, August 6-8, 1992, the Committee decided not to review the proposed rule to amend 10 CFR 50.54.
Feference:
Memorandum dated August 5,
1992, from Paul H.
Lohaus, Office of Nuclear Material Safety and Safeguards, to Raymond F. Fraley, ACRS,
Subject:
Rulemaking to Amend 10 CFR 50.54 cc:
S.
Chilk, SECY T. Murley, NRR d]A R.
Bangart, NMSS P.
Lohaus, NMSS A.
Eiss, NMSS M.
Case, NRR
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(.D 9307160268 930625 n \\f PDR PR
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/l$4'l f h)k NRC CONSIDERS CHANGING REGULATIONS TO ALLOW COMPACTED WASTE TO RETURN TO REACTOR SITES The Nuclear Regulatory Commission is considering amending its regulations to allov nuclear reactor licensees to receive back at the reactor site low-level radioactive waste that was generated at the site but sent offsite for compaction or incineration to reduce the waste's volume.
The amendment is being proposed primarily because of changing circumstances surrounding the treatment, storage and disposal of low-level radioactive waste at nuclear power plants; however, the amendment would apply to all reactor (power and non-power) licensees.
U When the current operating licenses for nuclear power plants were issued, low-level radioactive waste was being sent directly offsite for disposal in a low-level radioactive waste disposal facility.
Therefore, the operating license did not authorize nuclear power plant operators to receive nuclear material (including waste) except in the form of fuel for use in the reactor or as sealed radioactive sources for special purposes, i
analysis or calibration.
Thus, under current operating licenses, reactor licensees may send low-level radioactive waste offsite to-another licensee for treatment (such as compaction or incineration) but may not receive the treated waste back at the nuclear power plant site.
Under milestones established in the Low-Level Radioactive Waste Policy Amendments Act of 1985, access to the currently-operating low-level radioactive waste disposal facilities will
~
a not be available to all waste generators beginning January 1, 1993.
As a result, some nuclear power reactor licensees may have l
to store their low-level radioactive wastes, temporarily, until regional compact or state sites are available for waste disposal.
Power reactor licensees frequcntly need to have a separate company perform volume reduction or waste treatment services at another location.
However, the licensee providing these offsite services may not have adequate licensed capacity for storing the waste until disposal capacity is available and may need to return it to the nuclear power plant where it was generated.
In addition, the legal relationships between states and regions established under the Low-Level Radioactive Waste Policy Act of 1980 may require the return of compacted or incinerated waste to the nuclear power plant where it was generated in order to ensure that the waste is disposed of at the geographically-appropriate disposal facility.
?
Since the commission does not look favorably on long-term onsite storage, the proposed amendment is intended to ensure that licensees will have adequate, short-term, onsite storage capacity for self-generated low-level radioactive waste until permanent disposal capacity is available.
Written comments on the proposed amendments to Part 50 of the Commission's regulations should be received by (date).
They should be addressed to the Secretary of the Commission, Nuclear Regulatory Commission, Washington, D.C.
20555, Attention:
Docketing and Service Branch.
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r%C RULEMAKING ISSUE (NEGATIVE CONSENT)
Februa ry 21, 1992 SECY-92-062 F_or:
The Commissioners o
From:
James M. Taylor Executive Director for Operations
Subject:
PROPOSED RULEMAKING TO AMEND 10 CFR 50.54
Purpose:
To inform the Comission of a minor proposed rule to amend 10 CFR 50.54 to allow the receipt by a reactor licensee, following off-site processing, of low-level radioactive waste (LLW) initially generated by that reactor (Enclosurd.1).
Sumary:
LLW generated by nuclear power reactor licensees is frequently processed at commercial off-site facilities before being sent to a disposal facility. Off-site processing, typically incineration or compaction, reduces the volume of the waste and the cost of disposal, which is based on volume.
Beginning on January 1,1993, and under the provisions of the Low-Level Radioactive Waste Policy Amendments Act (LLRWPAA), the three operating LLW disposal sites wiil close to many licensees in the country.
Instead of shipping LLW directly to the disposal sites, comercial waste processors will have to return LLW to the generators, for interim storage, until a regional or State disposal facility becomes available. Existing nuclear power reactor licenses, however, do not allow the receipt of processed LLW. This paper examines how the Nuclear Regulatory Comission (NRC) can best address the receipt of waste back by power reactor licensees after processing, and principally focuses on staff NOTE:
TO BE MADE PUBLICLY AVAILABLE WHEN THE FINAL SRM IS MADE AVAILABLE CONTACT:
Richard Turtil, NMSS M [ '\\ ;'
504-3447
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The Commissioners 2
i and licensee resom ces.
This paper also examines this issue in light of the commission's position on LLW storage and its recent direttive to the staff on January 30, 1992, to promulgate rules setting forth the procedures and critf_,'ia that will apply to on-site storage beyond January 1,1996.
The staff is recommending a minor rulemaking to amend 10 CFR 50.54 as the preferred approach for allowing receipt of processed waste by nuclear power reactor licensees who originally generated the waste.
Background:
Companies providing nuclear power reactors with off-site LLW processing and volume reduction services currently transfer treated waste directly to one of three operating commercial LLW disposal facilities.
Under milestones of the LLRWPAA, access to these disposal facilities will not be available to many waste generators beginning January 1,1993, and is presently unavailable to generators in Michigan. As a result, some nuclear power reactor licensees will have to store their wastes, temporarily, until regional compact or State sites..
are available for waste disposal. The staff anticipates that many power reactor licensees will take steps to process or reduce the volume of generated LLW, typically by off-site compaction and incineration, before storing the waste at-their facilities on an interim basis.
The Office of the General Counsel has informed the staff that nuclear power reactor licensees are not currently authorized to receive back LLW shipped off-site for processing (Enclosure 2).
When most operating licenses were issued, the Commission expected that LLW would be promptly treated and sent off-site for disposal in a licensed, LLW disposal facility. Therefore, power reactor operating licenses do not authorize receipt of byproduct or special nuclear material, except in the form of sealed sources for special purposes, for analysis or calibration, or in the form of fuel for use in the reactor. contains an example set of license authorizations for nuclear power reactor licensees concerning the receipt, possession, and use of byproduct, source, and special nuclear material. One of these conditions (Number 5 in Enclosure 3) allows the licensee to " possess...such byproduct and special nuclear materials as may be produced by the operations of the facility." However, although a reactor licensee may send its LLW off-site to another licensee for treatment, the licensee treating the waste may not return it to the generating licensee because the generating licensee lacks authority to receive back the waste. This lack of authorization bars power reactors from receiving for interim storage their processed LLW after utilizing the processing and volume reduction services that are available off-site.
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6 The Commissioners 3
Licensees providing off-site LLW processing and volume reduction services may have several reasons for needing to return treated LLW to the generator:
1.
Access to LLW disposal facilities may be unavailable to the generator whose waste has been treated.
This lack of access is expected to be widespread beginning on January 1, 1993.
2.
The licensee providing off-site services may not have adequate capacity for storing the waste until disposal capacity is available.
3.
The legal relationships between States'and regions established under the various compacts ratified by the Congress in conjunction with the LLRWPAA may force return of treated LLW to the generator, to ensure that the waste is ultimately disposed of at the appropriate regional or State disposal facility.
g Non-power reactor licenses have provisions similar to the subject provisions in power-reactor licenses. Most non-power reactor facilities are owned by universities, which usually-have a radioactive materials license separate from the reactor's license.
LLW that is generated under the reactor f acility license is normally transferred to the university materials license to be disposed of with the university LLW.
This separate materials license usually authe,rizes the receipt of licensed material (including LLW). Thus, most non-power reactor facilities do not have the aforementioned waste-receipt authorization problem that power reactors have.
Finally, on January 30, 1992, the Comission directed the staff to promulgate rules setting forth procedures and criteria for on-site storage of LLW beyond January 1,1996.
These rules will require a licensee to document that he has exhausted all other reasonable waste management options, including management of the LLW by the State and contracting for disposal of his LLW. On-site storage beyond January 1, 1996, is to be considered as an option of last resort. The minor rulemaking proposed in this paper is examined in light of this recent Commission directive.
Discussion:
Staff identified two principal options that could be adopted to address this issue.
The first option is to use a case-by-case licensing-action approach, either by amending each facility license, or by issuing a separate license under
4 The Commissioners 4
This action would require each facility licensee either to request an amendment to its operating license authorizing the receipt of processed LLW or to request a separate license.
However, addressing the issue for each licensee individually would be inefficient, requiring both the licensee and the NRC to expend significant resources.
Staff has evaluated the resources that would be required of both NRC and licensee staff to prepare and evaluate case-by-case licensing actions of this nature.
First, the licensee would need to prepare the application and a "no significant hazards analysis." Review of the application by its on-site review comittee may also be necessary to assess the need for any possible changes to existing technical specifications.
Staff estimates that each application would require the licensee to comit approximately five staff-days.
NRCreviewoftheapplicationforanamendmentwouldincluy*e preparation of a Sholly notice and of an environmental assessment and safety evaluation. NRC staff effort required for review of an application would be approximately six to seven staff-days for each request.
The staff estimates that-approximately 70 nuclear reactor licensees may apply for this license amendment; the allocation of resources required for 70 license amendment applications would total 490 NRC staff-days and 350'1'icensee staff-days.
Similar resources would be needed for separate requests for 10 CFR Part 30 licenses.
The second option is to amend 10 CFR 50.54, " Conditions of Licenses," to allow reactor licensees to receive back LLW generated at the plant and shipped off-site for processing.
The proposed rule would apply to both power and non-power reactor licensees. This approach not only resolves the authorization issue, but also eliminates significant NRC and licensee resources required to complete and approve the amendment requests to Part 50 licenses. A further advantage of this approach is that it resolves any public concerns in a generic fashion, rather than in case-by-case licensing reviews.
It eliminates the duplication of effort involved in such an approach and ensures that a uniform approach is applied in all cases.
An area of possible concern in proceeding with the proposed rule, and in providing an administrative 1y simpler approach for addressing this authorization issue, is the impact on the m
The Comissioners 5
LLRWPAA and Comission policy on LLW storage.
The proposed rule could be viewed as facilitating LLW storage by reactor licensees, as opposed to the mandated goal of working toward permanent disposal.
Staff believes this minor amendment would not affect the LLRWPAA and would not, represent a change in the stated Comission position that it "... does not look favorably on long-term on-site storage."
- Rather, staff views the foregoing problem associated with receipt i
of LLW treated off-site exclusively an administrative issue.
This proposed amendment neither sanctions, nor encourages, long-term on-site, LLW storage, nor does it counter the intent of Congress in its authorization of the LLRWPAA, which encourages States to ensure that disposal capacity is available by January 1,1996. Staff observes that:
1.
The Comission has recognized that licensees need to have interim (short-term) storage capability while disposal capacity is being developed by the States.
2.
The Comission, in its January 30, 1992, directive to U the staff, gave further guidance on its position of "not looking favorably" upon on-site storage after January 1,1996.
The regulatory framework which the Comission directed the staff to develop for on-site storage in its memorandum will ensure that storage is used only as an option of last resort. The approach developed by the Commission will ensure, through rulemaking, that disposal is pursued by licensees.
3.
The Comission's " Policy Statement on Low-Level Radioactive Waste Volume Reduction" (Enclosure 4) explicitly states that processing to reduce LLW volume would " alleviate concern for adequate storage capacity if there are delays in establishing additional regional sites."
4.
The regulations in 10 CFR Parts 30, 40, 50, and 70 and NRC guidance on storage in Generic Letters 81-38 and 85-14, and Information Notices 89-13 and 90-09, provide an adequate regulatory framework for the licensing of storage for periods of up to five years (short-term, interim storage).
Staff believes that this rulemaking provides the most practical solution to allow reactor licensees to receive LLW shipped off-site for volume reduction and processing.
This amendment will allow licensees the option to reduce M -
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C The Commissioners 6
the volume of waste by using services performed off-site, and will permit the return of the treated waste to the generator.
Staff also believes that this minor amendment does not affect the Commission's position on LLW storage.
Recommendation:
1.
Unless advised to the contrary by the Commission within ten working days from the date of this paper, the staff plans to issue the proposed minor rulemaking to amend 10 CFR 50.54 for public comment.
2.
That the Commission note:
That the subcommittee on Nuclear Regulation of the a.
Senate Committee on Environment and Public Works will be informed of this rulemaking action (Enclosure 5).
b.
That the Weekly Report to the Commission will report that the Office of the Executive Director for Operations has signed this proposed rule for publication in the Federal Register (Enclosure 6). p' That a public announcement will be issued (Enclosure 7).
c.
Coordination The Office of the General Counsel has reviewed this paper and has no legal objection.
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y or xecutiv Director for Operations
Enclosures:
1.
Proposed Rule 2.
Meno from Fonner, to Bangart dtd 3/11/91 3.
Example of a Power Reactor License 4
Policy Statement on LLW Volume Reduction 5.
Congressional Ltrs.
6.
Weekly Report to the OCH 7.
Public Announcement
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SECY NOTE:
In the absence of instructions to the contrary, SECY will notify the staff on Monday, March 9, 1992,'that the commission, by negative consent, assents to the action proposed in this paper.
DISTRIBUTION:
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.OCAA OIG OCA OPA REGIONAL OFFICES EDO ACNW SECY s
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Afo9ml Agproved For Publication The Commission delegated to the ED0 (10 CFR 1.31(a)(c)) the authority to develop and promulgate rules as defined in the APA (5 U.S.C. 551 (4)) subject to the limitations in NRC Management Directive 9.17, Organization and Functions, Office of the Executive Director for Operations, paragraphs 0213, 038, 039, and 0310.
The enclosed proposed rule entitled, " Receipt of Byproduct and Special Nuclear Material," will amend HRC regulations governing conditions of licenses for g
production and utilization facilities. The amendment would allow a reactor licensee to receive back byproduct and special nuclear material in waste that is produced by operating the reactor after that waste has been sent offsite to be reduced in volume by compaction or incineration.
This proposed rule does not constitute a significant question of policy, nor does it amend regulations contained in 10 CFR Parts 7, 8, or 9 Subpart C concerning matters of policy.
I, therefore, find that this rule is within the scope of my rulemaking authority and am proceeding to issue it.
i i
Date James M. Taylor Executive Director for Operations 1
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[7590-01]
NUCLEAR REGULATORY C0mflSSION
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10 CFR PART 50 RIN 3150-AE04 Receipt of Byproduct and Special Nuclear Material AGENCY:
Nuclear Regulatory Comission.
I ACTION: Proposed rule.
SUMMARY
The Nuclear Regulatory Comission is proposing to amend its regulations governing the conditions of licenses for production ard utilization facilities to l
allow a reactor licensee to receive back byproduct and special nuclear material i
thatisproducedbyoperatingthereactorafterthatwastehasbeensent_offsNe to be reduced in volume by compaction or incineration.
DATE:
The comment period expires (insert date 75 cays after publication in the FederalRegister). Cossnents received after this date will be considered if it is practical to do so, but the Commission is able to assure consideration only for_.
cossnents received on or before this date.
ADDRESSES: Mail written comments to: Secretary, U.S. Nuclear Regulatory Comission, Washington, DC 20555, Attention: Docketing and Service Branch.
Deliver comments to: 11555 Rockville Pike, Rockville, Maryland, between 7:45 an and 4:15 pm Federal workdays.
Comments may be examined at: the NRC Public Document Room at 2120 L Street, NW, (Lower Level), Washington,- DC.
FOR FURTHER INFORMATION CONTACT: LeMoine J. Cunningham, telephone (301) 504-1086, orPaulH.Lohaus'on(301)504-2553. U.S. Nuclear Regulatory Couniission, Washington, DC 20555.
. SUPPLEMENTARY INFORMATION:
BACXGROUND The Commission is proposing to amend its regulations in 10 CFR Part 50.54,
" Conditions of licenses,"
that contain conditions that are deemed to be applicable for each license issued under 10 CFR Part 50.
This amendment is needed primarily because of changing circumstances surrcunding the treatment, storage, and dispcsal of low-level radioactive waste generated by operating nuclear power reactors. At the time when most operating licenses were issued, the Commission expected that low-level radioactive waste would be promptly treated and sent offsite for disposal in a licensed low-level radioactive waste disposal facility. Therefore, operating licenses did not authorize the licensees for power reactor operators to receive byproduct or special nuclear material except in the form of sealed sources for special i
purposes, for analysis or calibration, or in form of fuel for use in the reactor.
Accordingly, while a reactor licensee may send its low level radioactive waste offsite to another licensee for treatment (e.g., compaction, or incineration),
the licensee treating the waste may not return it to the generating licensee because the latter lacks authority to receive it.
Licensees providing offsite treatment and vclume reduction services may have several reasons for needing to return treated low-level radioactive waste to the generator. Access to low-level racioactive waste disposal facilities may be restricted for the generator whose waste has been treated. The licensee 4
. offering offsite services may not bove adequate capacity, for storing the until disposal.
The legal relationships among States and Regions established under the various Compacts ratified by the Congress in conjunction with the Level Radioactive Waste Policy Amendments Act of 1985, Pub. L. 99-24 force return of treated low-level radioactive waste to the generator in order l
to ensure that the waste is disposed of at the appropriate disposal facility This minor amendment does not represent any change in Commissio policy regarding radioactive waste. On October 16, 1981, the Commission published its policy statement on low-level waste volume reduction (46 FR 51100) in which it called upon all generators of radioactive waste to reduce the volume of low-level waste for disposal to extend the life of disposal sites and alleviate storage concerns.
This amendment will further enhance licensees options. to reduce the volume of waste by using services perfonned offsite and permitting the return of the treated waste to the generator.
However, the Commission does not look favorably on long-term on-site storage. The amendment is intended to ensure that licensees will have adequate short-term on-site storage capacity for self-generated LLW until permanent disposal capacity is available.
Furthermore, the amendment does not authorize the receipt of any material recovered from the reprocessing of irradiated fuel.
7 4
Environmental Impact: Categorical Exclusion The Ccmmisstor. has determined that this proposed regulation is of the ty described in categorical exclusion 10 CFR 51.22(c)(2).
Therefore, neither an environmental assessment nor an environmental impact statement has been p for this proposed regulation.
Paperwork Reduction Act Statement This proposed regulation contains no infonnation collection requirements and therefore is not subject to the requirements of the Paperwork Reduction Ack of 1980 (44 U. S. C. 3501 et seq.).
Regulatory Analysis The Corutission has considered alternatives to as well as the costs and beliefits of the proposed regulation. There is no alternative to amending the regulations that would satisfy questions concerning the legality of transfer on a generic basis.
The proposed rule would not impose any additional cost or burden on a licensee or other individual. The proposed requirements are intended to facilitate actions necessary to ensure that licensees will have adequate short-ters onsite storage capacity for low-level radioactive wasta until permanent disposal is available. The Commission does not look favorably on long-term onsite storage. The forgoing constitutes the regulatory analysis for the proposed rule.
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. Regulatory Flexibility Act The Comission certifies that this rule, if adopted, will not have a significant economic impact on a significant number of small entities.
The proposed amendment is entirely permissive in nature and will predcminately affect large entities, nuclear power reactor licensees, and perscns who provide volume reduction services to these licensees.
Backfit Analysis The Comission has determined that the backfit rule,10 CFR 50.109, does U not apply to this proposed rule, and therefore, that a backfit analysis is not required for this proposed amendment because this amendment does not involve any provisions which would impose backfits as defined in 10 CFR 50.109(a)(1).
List of Subjects in 10 CFR part 50 Antitrust, Classified information, Criminal penalty, Fire protection, Ir.corporated by reference, Intergovernmental relations, Nuclear power plants and reactors, Radiation protection, Reactor siting criteria, Reporting and recordkeeping requirements.
. For the reasons set out in the prear.ble and under authority of the Atomic Energy Act of 1954, as amended, the Energy Reorgarization Act of 1974, as emended, and 5 U.S.C. 553, the NRC is proposing to adopt the following amendment to 10 CFR Part 50.
Part 50 - Domestic Licensing of Production and Utilization Facilities 1.
The authority citation for Part 50 continues to read as follows:
AUTHORITY:
S e c s. 102, 103, 104, 105, 161, 182, 183, 186, 189, 68 Stat. 936, 938, 948, 953, 954, 955, 956, as amended, sec. 234, 83 Stat.
1244, as amended (42 U.S.C. 2132, 2133, 2134,'2135, 2201, 2232, 2233, 2236, 2239, 2282); secs. 201, as amended, 202, 206, 88 Stat. 1242, as amended, 1244, 1246 (42 U.S.C. 5841, 5842, 5846).
Section 50.7 also issued under Pub. L.95-601, sec.10, 92 Stat.
2951 (42 U.S.C. 5851). Section 50.10 also issued under secs. 101, 185, 68 Stat. 936, 955, as amended (42 U.S.C. 2131, 2235,); sec. 102, Pub. L.91-190, 83 Stat. 853 (42 U.S.C. 4332). Sections 50.13,50.54(dd),and 50.103 also issued under sec.108, 68 Stat. 939, as amended (42 U.S.C.
2138). Sections 50.23, 50.35, 50.55, and 50.56 also issued under sec. 185, 68 Stat. 955 (42 U.S.C. 2235). Sections 50.33a, 50.55a and Appendix Q also issued under sec. 102, Pub. L.91-190, 83 Stat. 853 (42 U.S.C.
4332).
~.
. Sections 50.34 and 50.54 also issued under sec. 204, 88 Stat.
1245 (42 U.S.C. 5844). Sections 50.58, 50.91, and 50.92 also issued under Pub. L.97-415, 96 Stat. 2073 (42 U.S.C. 2239). Sections 50.80 -
50.81 also issued under sec.184, 68 Stat. 954, as amended (42 U.S.C.
2234). Appendix F also issued under sec.187, 68 Stat. 955 (42 U.S.C.
2237).
For the purposes of sec. 223, 68 Stat. 958, as amended (42 U.S.C.
2273); liSO.46(a) and (b), and 50.54(c) are issued under sec. 161b, 68 Stat. 948, as amended (42 U.S.C. 2201(b)); il50.7(a), 50.10(a)-(c),
50.34(a)and(e),50.44(a)-(c),50.46(a)and(b),50.47(b),50.48(a),
L (c),(d),and(e),50.49(a),50.54(a),(1),(t)(1),(1)-(n),(p),(q),
(t), (v), and (y), 50.55(f), 50.55a(a), (c)-(e), (g), and (h), 50.59(c),
50.60(a),50.62(b),50.64(b),50.65,and50.80(a)and(b)areissued under sec. 1611, 68 Stat. 949, as amended (42 U.S.C. 2201(1)); and fl50.49(d), (h), and (j), 50.54(w), (z), (bb), (cc), and (dd), 50.55(e),
50.59(b), 50.61(b), 50.62(b), 50.70(a), 50.71(a)-(c) and (e), 50.72(a),
50.73(a) and (b), 50.74, 50.78, and 50.90 are issued under sec. 161o, 68 Stat.950,asamended(42U.S.C.2201(o)).
2.
In 50.54, paragraph (ee) is added to read as follows:
i 50.54 Conditions of Licenses (ee) Each license issued under this part authorizing the possession of byproduct and special nuclear material produced in the operation of the licensed reactor includes, whether stated in the ifcense or not, the authorization to receive back that same material, in the same or altered form, from a licensee of the Commission or an Agreement b
State.
This authorization is subject to the same Ifmitations and requirements as to the original possession of the material.
This paragraph does not authorize the receipt of any material recovered from the reprocessing of irradiated fuel.
Dated at Rockville, Maryland, this day of
, 1991.
For the Nuclear Regulatory Commission:
James M. Tgylor, Executive Director for Operations
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P UNITED STATES Dnp I
NUCLEAR REGULATORY COMMISSION I rl-
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I X*@Af March 11, 1991 l
MEMORANDUM FOR:
Richard Bangart, Director Low-Level Waste Management Office of Nuclear Material Safety and Safeguards i
FROM:
Robert L. Fonner Special Counsel for Fuel Cycle q
and Safeguards Regulations Office of the General Counsel
SUBJECT:
DRAFT INFORMATION NOTICE ON ACCEPTANCE AND STORAGE OF PROCESSED LOW-LEVEL RADICACTIVE WASTE Paul Lohaus' note of December 26, 1990 requested a review of a draft Information Notice that suggested that nuclear power reactor licensees could receive for storage waste generated at.the site that has been process compacted) offsite.
! questioned the legality of the suggestion on the gra nd that n'uclear power facility licenses generall byproduct material except for sealed sources,y do not authorize the receipt of or for sample analysis or instrument calibration. Generally, these licenses only allow the possession of byproduct material produced by the operation of the facility.
At the request of Lemoine Cunningham I consulted with Joseph Scinto, who concurred in my observation and conclusion.
In a subsequent meeting in Frank i
Congel's office (March 5, Igg 1) it was recognized that the course of action described in the draft notice was not feasible without further regulatory l
action.
There are three reasonable and feasible regulatory options. First, a facility licensee who wishes to store wastes which have been treated offsite may request an amendment to his operating license to authorize the receipt onsite of such processed low level waste. This amendment would be handled in the l
normal manner (e. s. a Shelly notice would be published, an environmental
~
assessment prepared, and a safety evaluation performed). Second, the licensee could apply for a separate license under 10 CFR Part 30 to store the treated waste. Again an environmental assessment would need to be prepared and a-safety evaluation performed. Presumably ne Shelly notice would be required'and any hearing would be under informal procedures in 10 CFR Part 2. subpart L.
Third, a generic rule may be developed to allow the retura to a facility licensee of waste that has been treated offsite.
/7am Robert L. Fon M Special Counsel for Feel Cycle and Safeguards Regulation
,,, 7 Office of the General Counsel
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T L. Cunningham P. Lohaus F. Congol w.
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PPL B.
Subject to the conditions and requirements incorporated herein, the Commission hereby licenses Indiana and Michigan Electric Company and _
l Indiana and Michigan Power Company:
(1) Pursuant to Section 104b of the Act and 10 'CFR Part _50,
" Licensing of Production and Utilization Facilitiet,' to possess and use, and Indiana and Michigan Power Company to operate, the facility at the designated location in Berrien County, Michigan, in accordance with the procedures and limitations set forth in this license; (2) Pursuant to the Act and 10 CFR Part 70, to recahe, possess and use at any time special nuclear material as _ reactor fuel, in accordance with the limitations for storage and amounts required for reactor operation, as described in the Final Safety Analysis Report, as supplemented ~and amended;
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(3)
Pursuant to the Act and 10 CER Parts 30, 40 and 70, to receive, possess and use source and special nuclear mat any time any byproduct, aterial as sealed neutron (;
sources _for reactor startup,. sealed sources for reactor -
instrtsnentation and radiation monitoring equipnent 3
calibration, and as fission detectors in anounts as required;
(.4)
Pursuant to the Act and 10 6FR Parts 30', 40 and '70, to receive, possess and use in amounts as required any byproduct, source or special nuclear material without restriction to chemical or physical form for sangle analysis or~ instraent calibration or ass,ociated with radioactive apparatus or components; and (5). Pursuant to the Act and 10 CFR Parts 30 and.70,. to
. possess, but not separate, such byproduct and special nuclear materials as may be produced by the operation of the facility.
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UNITED STATES NUCLEAR REGULATORY COMMISSION RULES and REGULATIONS
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The Honorable Bob Graham, Chaiman Subcommittee on Nuclear Regulation Committee on Environment and Public Works United States Senate Washington, DC 20510
Dear Mr. Chairman:
The Nuclear Regulatory Commission has sent the enclosed proposed amendment to the Commission's rules in 10 CFR Part 50 to the Office of the Federal Register for publication.
The amendment, if adopted, would permit nuclear reactor licensees to receive byproduct and special nuclear material that they produce after that material has been sent offsite for processing and returned to the licensees.
The Commission is issuing the proposed rule for public comment.
Sincerely, C
Dennis Rathbun, Director Congressional Affairs Office of Governmental and Public Affairs
Enclosure:
Proposed Amendment cc: The Honorable Alan Simpson
go p c>l r'9K WEEKLY REPORT TO THE COMMISSION OFFICE OF NUCLEAR REACTOR F.EGULATION Proposed Rule to be Signed by the Executive Director for Operations On
, 1991, the Executive Director for Operations (EDO) approved a proposed rule that would amend 10 CFR Part 50, " Domestic Licensing of Production and Utilization Facilities," to permit nuclear reactor licensees to receive byproduct and special nuclear material that they produce after that material has been sent offsite for processing and returned to the licensee.
This constitutes notice to the Comission that, in accordance with the rulemakkng authority delegated to the EDO, the EDO has signed th-ls proposed rule for publication in the Federal Register.
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NRC CONSIDERS CHANGING REGULATIONS TO ALLOW COMPACTED WASTE TO RETURN TO REACTOR SITES The Nuclear Regulatory Commission is considering amending its regulations to allow nuclear reactor licensees to receive back at the reactor site low-level radioactive waste that was generated at the site, but sent offsite for compaction or incineration to reduce the waste's volume.
The amendment is needed primarily because of changing circumstances surrounding the treatment, storage and disposal of low-level waste at nuclear power plants; however, the amendment would apply to all reactor (power and t
non-power) licensees. When the current operating nuclear power plant licenses were issued, waste was being sent directly offsite for disposal in a low-1evel radioactive waste disposal facility. Therefore, the operating license did not authorize nuclear power plant operators to receive nuclear material
'i (including waste) except in the form of fuel for use in the reactor or as
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sealed radioactive sources for special purposes, analysis or calibration.
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under operating licenses currently in existence, a nuclear power plant licensees may send its low-level radioactive waste offsite to another licensee for treatment (such as compaction or incineration), but may not receive the treated j
waste back at the nuclear power plant.
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- t Under milestones of the Low-level Radioactive Waste Policy Act of 1985, as amended, access to the currently operating low-level waste disposal facilities i
will not be available to all waste generators beginning January 1,1993.
As a result, some nuclear power reactor licensees may have to store their wastes, temporarily, until regional compact or state sites are available for waste disposal.
Power reactors frequently need to have a separate company perform volume reduction or waste treatment services at another location.However, the licensee providing offsite treatment and volume reduction services may not have adequate licensed capacity for storing the waste until disposal capacity is available and therefore, may need to return it to the nuclear b
power plant were it was generated. Also, the legal relationships between states and regions established under the Low-Level Radioactive Waste Policy Act may require the return of compacted or incinerated waste to the nuclear power plant where it was generated in order to ensure that the waste is disposed of at the geographically appropriate disposal facility.
The Commission does not look favorably on long-term onsite storage.
The proposed amendment is intended to ensure that licensees will have adequate short-tenn onsite storage capacity for self-generated low-level radioactive waste until permanent disposal capacity is available.
Interested persons are invited to submit written connents on the proposed revision to the Secretary, U. S. Nuclear Regulatory Connission, Washington, DC 20555, Attention: Docketing and Service Branch. The comments should be submitted by (75 days after publication of a notice on the proposed changes in the Federal Register).
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NUCLEAR REGULATORY C0tmISSION 10 CFR PART-50 i
'RIN 3150-AE04 Receipt of Byproduct and Special Nuclear-Material AGENCY: Nuclear R?gulatory Comission.
ACTimN: Proposed rule.
SUMMARY
- The Nuclear Regulatory Comission is proposing to amend its regulations governing the conditions of licenses for production and utilization facilities to allow a reactor licensee to receive back byproduct _and special nuclear material-that is produced by operating the reactor after that waste has been sent offsite-to be reduced in volume by compaction or incineration.
DATE: The coment period expires (insert date 75 days after publication in the Federal Register). Comments received after this date will be considered if it is practical to do so, but the Commission is able to assure consideration only for.
coments received on or before this date.
ADDRESSES: Mail written comments to: Secretary, U.S. Nuclear Regulatory -
Commission, Washington, DC 20555, Attention: Docketing and Service Branch.
Deliver comments to: 11555 Rockville Pike, Rockville, Maryland, between 7:45 am and 4:15 pm Federal workdays.
Comments may be examined at:
the NRC Public Document Room at 2120 L Street, NW,(LowerLevel), Washington,DC.
FOR TURTHER INFORMATION CONTACT: LeMoine J. Cunningham, telephone.(301) 504-1086._
or Paul H. Lohaus on.(301) 504-2553. U.S. Nuclear Regulatory Commission,
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N' pp[(h O I Washington, DC 20555.
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. SUPPLEMENTARY INFORMATION:
BACKGROUND The Comissien is proposing to amend its regulations in 10 CFR Part 50.54,
" Conditions of licenses," that contain conditions that are deemed to be applicable for each license issued under 10 CFR Part 50.
This amendment is needed primarily because of changing circumstances surrounding the treatment, storage, and disposal of icw-level radioactive waste (LLRW) generated by operating nuclear power reactors. At the time when most operating licenses were issued, the Comrnission expected that LLRW would be promptly treated and sent offsite for disposal in a licensed LLRW disposal facilite Therefore, operating licenses did not authorize the licensees for power reactor operators to receive byproduct or special nuclear material except in the form of sealed sources for special purposes, for analysis or calibration, or in form of fuel for use in the reactor.
Accordingly while a reactor licensee may send its LLRW offsite to another licensee for treatment (e.g., compaction or incineration), the licensee treating the waste may not return it to the generating licensee because the latter lacks authority to receive it.
Licensees providing offsite treatment and volume reduction services may have several reasons for needing to return treated LLRW to the generator.
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4-s' Access to LLRW disposal facilities may be restricted for the generator whose I
waste has been treated.
The licensee offering offsite services may not have adeauate capacity for storing the waste until disposal.
The legal relationships among States and Regions established under the various Compacts ratified by the Congress in conjunction with the Lcw Level Radioactive Waste Policy Amer.dments i
Act of 1985, Pub. L.99-240, may force return of treated LLRW to the generator in order to ensure that the waste is disposed of at the appropriate disposal f acility.
This minor amendment does not represent any change in Commission regulatory policy regarding radioactive waste. On October 16, 1981, the Commission published its policy statement on low-level waste volume reduction (46 FR 51100) in which it called upon all generators of radioactive waste to reduce the volume of LLRW for disposal to extend the life of disposal sites and alleviate storage concerns. This amendment will further enhance licensees' options to reduce the volume of waste by using services performed offsite and permitting the return of the treated waste to the generator. However, the Commission does not look favorably on long-term on-site storage. The amendment is intended to ensure that licensees will have adequate short-term on-site storage capacity for self-generated LLW until permanent disposal capacity is available. Furthermore, the amendment does not authorize the receipt of any material recovered from the reprocessing of irradiated fuel.
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. 'i Environmental Impact: Categorical Exclusion f
a The Commission has determined that this proposed regulation is.of the type described in categorical exclusion 10 CFR 51.22(c)(2). Therefore, neither an i
environmental assessment nor an environmental impact statement has been prepared for this proposed regulation.
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Paperwork Reduction Act Statement This proposed regulation contains no information collection requirements and therefore is not subject to the requirements of the Paperwork Reduction Act of 1980 (44 U. S. C. 3501 et seq.).
Regulatory Analysis The Commission has considered alternatives to, as well as the costs and benefits of, the proposed regulation. There is no alternative to amending the regulations that would satisfy questions concerning the legality of transfer on a generic basis. The proposed rule would not impose any additional cost or I
burden on a licensee or other individual. The proposed requirements are intended to facilitate actions necessary to ensure that licensees will have adequate short-term onsite storage capacity for low-level radioactive waste I
until permanent disposal is available. The Commission does not look favorably on long-term onsite storage. The forgoing constitutes the regulatory analysis for the proposed rule.
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l Regulatory Flexibility Act The Commission certifies that this rule, if adopted, will not have a significant economic impact on a significant number of small entities. The proposed amendment is entirely permissive in nature and will predominately offect large entities, nuclear power reactor licensees, and persons who provide volume reduction services to these licensees.
Backfit Analysis The Commission has determined that the backfit rule,10 CFR 50.109, does not apply to this proposed rule, and therefore, that a backfit analysis is not required for this proposed amendment because this amendment does not involve any provisions which would impose backfits as defined in 10 CFR 50.109(a)(1).
List of Subjects in 10 CFR Part 50 Antitrust, Classified information, Criminal penalty, Fire protection, Ir.corporated by reference, Intergovernmental relations, Nuclear power plants and reactors, Radiation protection, Reactor siting criteria, Reporting and recordkeeping requirements.
i 4 For the reasons set out in the preamble and under authority of the Atomic Energy Act of 1954, as amended, the Energy Reorganization Act of 1974, as emended, and 5 U.S.C. 553, the NRC is proposing to adopt the following amendment to 10 CFR Part 50.
Part 50 - Domestic Licensing of Production and Utilization Facilities 1.
The authority citation for Part 50 continues to read as follows:
AUTHORITY: Secs. 102, 103, 104, 105, 161, 182, 183, 186, 189, 68 Stat. 936, 938, 948, 953, 954, 955, 956, as amended, sec. 234, 83 Stat.
1244, as amended (42 U.S.C. 2132, 2133, 2134, 2135, 2201, 2232, 2233, 2236, 2239, 2282); secs. 201, as amended, 202, 206, 88 Stat. 1242, as amended, 1244, 1246 (42 U.S.C. 5841, 5842, 5846).
Section 50.7 also issued under Pub. L.95-601, sec.10, 92 Stat.
2951 (42 U.S.C. 5851). Section 50.10 also issued under secs. 101, 185, 68 Stat. 936, 955, as amended (42 U.S.C. 2131, 2235,); sec. 102, Pub. L.91-190,83 Stat.853(42U.S.C.4332). Sections 50.13,50.54(dd),and 50.103 also issued under sec.108, 68 Stat. 939, as amended (42 U.S.C.
2138). Sections 50.23, 50.35, 50.55, and 50.56 also issued under sec. 185, 68 Stat. 955 (42 U.S.C. 2235). Sections 50.33a, 50.55a and Appendix Q also issued under sec. 102, Pub. L.91-190, 83 Stat. 853 (42 U.S.C.
4332).
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- 4. Sections 50.34 and 50.54 also issued under sec. 204, 88 Stat.
1245 (42 U.S.C. 5844). Sections 50.58, 50. 1, and 50.92 also issued under Pub. L.97-415, 96 Stat. 2073 (42 U.S.C. 2239). Sections 50.80 -
50.81 also issued under sec. 184, 68 Stat. 954, as amended (42 U.S.C.
2234). Appendix F also issued under sec.187, 68 Stat. 955 (42 U.S.C.
2237).
For the purposes of sec. 223, 68 Stat. 958, as amended (42 U.S.C.
2273); 5550.46(a) and (b), and 50.54(c) are issued under sec. 161b, 68 Stat. 948, as amended (42 U.S.C. 2201(b)); 5550.7(a), 50.10(a)-(c),
50.34(a)and(e),50.44(a)-(c),50.46(a)and(b),50.47(b),50.48(a),
(c),(d),and(e),50.49(a),50.54(a),(1),(1)(1),(1)-(n),(p),(q),
(t), (v), and (y), 50.55(f), 50.55a(a), (c)-(e), (g), and (h), 50.59(c),
50.60(a), 50.62(b), 50.64(b), 50.65, and 50.80(a) and (b) are issued under sec. 1611, 68 Stat. 949, as amended (42 U.S.C. 2201(1)); and 5550.49(d),(h),and(j),50.54(w),(z),(bb),(cc),and(dd),50.55(e),
50.59(b), 50.61(b), 50.62(b), 50.70(a), 50.71(a)-(c) and (e), 50.72(a),
50.73(a)and(b),.50.74,50.78,and50.90areissuedundersec. 1610, 68 Stat.950,asamended(42U.S.C.2201(o)).
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In 50.54, paragraph (ee) is added to read as follows:
G 50.54 Conditions of Licenses (ee) Each license issued under this part authorizing the possession of byproduct and special nuclear material produced in the operation of the licensed reactor includes, whether stated in the license or not, j
the authorization to receive back that same material, in the same or i
altered form, from a licensee of the Commission or an Agreement 0
State. This authorization is subject to the same limitations and requirements applicable to the original possession of the material.
This paragraph does not authorize the receipt of any material t
recovered from the reprocessing of irradiated fuel.
d Dated at.Rockville, Maryland, this
/,( -- day of -
, 1992.
j For the Nuclear Regulatory Commission:
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. Taylor, jvf ive Director for Operations
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e UNITED STATES j,
NUCLEAR REGULATORY COMMISSION
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W ASHINGTON. D.C. 20555
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OFFICE OF THE March 20, 1992 SECRETARY MEMORANDUM FOR:
James M. Taylor Executive Director for Op rptions FROM:
Samuel J.
Chilk, Secreta
SUBJECT:
SECY-92-062 - PROPOSED LDAKING TO AMEND 10 CFR 50.54
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This is to advise you that the Commission has not objected to the staff plans to issue for public comment the proposed minor rulemaking to amend 10 CFR 50.54.
The minor edit on the attached page should be included in the Federal Register notice.
The proposed final rule should be submitted to the Commission for b review in a negative consent format after the public comment period has closed.
(EDO)
(SECY Suspense:
9/18/92)
Attachment:
As stated cc:
The Chairman Commissioner Rogers Commissioner Curtiss Commissioner Remick Commissioner de Planque OGC l
OCAA i
OIG t
SECY NOTE:
THIS SRM AND SECY-92-062 WILL BE MADE PUBLICLY AVAIIABLE 10 WORKING DAYS FROM THE DATE OF THIS SRM s
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?Dil 2.
In 50.54, paragraph (ee) is added to read as follows:
5 50.54 Conditions of Licenses (ee) Each license issued under this part authorizing the possession of byproduct and special nuclear material produced in the operation of '
the licensed reactor includes, whether stated in the license or not, the authorization to receive back that same material, in the same or altered form, from a licensee of the Commission or an Agreement State. This authorization is subject to the same limitations and Appuc.4 stE-requirements #to the original possession of the material. This paragraph does not authorize the receipt of any material recovered from the reprocessing of irradiated fuel.
Dated at Rockville, Maryland, this day of
, 1991.
For the Nuclear Regulatory Commission:
James M. Taylor, Executive Director for Operations ll
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