ML20058M790
| ML20058M790 | |
| Person / Time | |
|---|---|
| Issue date: | 08/07/1990 |
| From: | Murley T Office of Nuclear Reactor Regulation |
| To: | Larson G MIDWEST INTERSTATE LOW-LEVEL RADIOACTIVE WASTE COMMIS |
| Shared Package | |
| ML20058K836 | List: |
| References | |
| REF-PROJ-M-12 NUDOCS 9008130066 | |
| Download: ML20058M790 (7) | |
Text
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Mr. Gregg S. Larson DISTRIBUTION:
Executive Director Central Files NRC & Local PDRs PLohaus l
Midwest Interstate Low-Level JPartlow J7wolinski SSchwartz Radioactive Waste Connission JHannon PKreutzer HThompson Room 1303 CSulyre, PMAS PDIII-3 r/f JBlaha 336 N. Robert Street BDavis,13-E-4 TMurley/FMiraglia RBernero St. Paul, Minnesota 55101 DCrutchfield FGillespie WRussell EDO r/f OGC-WF1 EDO 0005666
Dear Mr. Larson:
GPA/R JTaylor ETana, PMAS PDIII-3 GT File Thank you for your letter of July 17, 1990, acknowledging our response to your earlier request for legal authority verifications for waste storage at nuciear power plants in the Midwest Compact Region.
As our staff discussed with you by telephone on July 19, 1990, an error was discovered in our July 6,1990 response to you after it had been issued. The sentence in the second paragraph that reads "the NRC will not approve of long-term onsite storage beyond January 1,1996..." should have read "the Connission will not look favorably upon long-term onsite storage of low-level waste beyond January 1,1996...".
To briefly explain the Connission's intent in formulating its position on this matter, the Connission's statement reflects the intent of Congress in the Low-Level Radioactive Waste Policy Amendments Act of 1985, which encourages States to take appropriate actions to ensure that disposal capacity is available by January 1,1996. The Connission, like the States, is responsible for carrying out the provisions of this law. NRC approval of long-term, on-site storage as a substitute for development of new disposal capacity would clearly be inconsistent with the 1985 Act.
The Connission's statement applies to long-term storage used as a means to avoid the clear intent of the law. The Connission recognizes that licensees need to have interim (short-term) storage capability while disposal capacity is being developed by the States.
In the interest of protecting the public health and safety and maintaining occupational exposure as low as reasonably achievable, however, we believe that the length of time that low level waste is placed in storage should be minimized.
We apologize for any misconception or inconvenience this oversight may have caused.
Sincerely, i
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Thomas E. Murley, Director Office of Nuclear Reactor Regulation g.[
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Dear Mr. Larson:
GPA/8RSF JTaylor
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ETana, PMAS PDIII-3GTFJ1e Thank you for your letter of July 17, 1990, acknowledging ou'r response to your earlier request for legal authority verifications for waste storage at nuclear power plants.in the Midwest Compact Region.
/
As our staff discussed with you by telephone on July 9, 1990, an error was.
discovered in our July 6,1990 response to you after it had been issued. The sentence in the second paragraph that reads "the'NRC will not approve of long-term onsite storage beyond January 1,190f..." should have read "the Commission will not look favorably upon longterm onsite storage of low-level waste beyond January 1,1996...".
To brief y explain the Commission's intent in formulating its position on this mattep, the Commission's statement reflects the intent of Congress in the Low-Level / Radioactive Waste Policy Amendments Act of 1985, which encourages States to take appropriate actions to ensure that disposal capacity is available by Ja6uary 1,1996. The Commission, like
.the States, is responsible for carrying out the provisions of this law. NRC approval of long-term, on-site storage as a substitute for development of new disposal capacity would clearly'be inconsistent with the 1985 Act.
7 The Commission's statement applies to long-term storage used as a means to avoid the clear intent of.the law. The Commission recognizes that licensees need to have interim (short-term) storage capability while disposal capacity is being developed by,the States.
In the interest of protecting the public health and safety and' maintaining occupational exposure as low as reasonably achievable,howeverfwebelievethatthelengthoftimethatLLWisplacedin storage should be minimized.
p We apologize for any misconception or inconvenience this oversight may have caused.
Sincerely, Thomas E. Murley, Director Office of Nuclear Reactor Regulation
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Dear Mr. Larso
GPA/CA JTaylor/
ETana, PMAS PDill-3 GT File Thank you for your letter of July 17, 1990, acknowledging,o'ur response to your earlier request for legal authority verifications f9r waste storage at nuclear power plants in the Midwest Compact Region.
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As our. staff discussed with you by telephone on Julyfl9,1990, an editorial error was discovered after our July 6,1990, response letter had been issued. The sentence in the second paragraph that" reads "the NRC will l
not approve of long-term onsite storage beyond January 1,1996..." should l
have read "the Commission will not look favorably upon long-term onsite storage of low-level waste beyond January 1,1996..."
We apologize for any misconception or inconvenience this oversight may have caused
/
Since ly, I
J Thomas E. Murley, Director
/ Office of Nuclear Reactor Regulation DOCUMENT NAME:
GT0005666/
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Room 1303 CSmyre, PMAS PD!li-3 r/f 336 N. Robert Street BDavis, 13-E-4 TMurley/FM1 glia St. Paul, Minnesota 55101 DCrutchfield FGillespi EDO r/f OGC-WF1-y
Dear Mr. Larson:
GPA/CA JTaylor ETana, PMAS PDIII GT File.
Thank you for your letter dated July 17, 1990 acknowledg ig our response to your earlier request for legal authority verifications-f r waste storage at nuclear power plants in the Midwest Compact Region.
As our staff discussed with you by telephone on July 9, 1990, an editorial error was discovered after our July 6,1990, respo e letter had been issued. The sentence in the second paragraph tha reads "...the NRC will.-
not approve of long-term onsite storage beyond J uary 1,1996 s.." should i
have read:
...the Comission will not look f orably upon long-term onsite storage of low-level waste beyond Janu y 1, 1996..."
l We apologize for any misconception or inco enience this oversight may have caused.
Sin erely, t
i Thomas E. Murley, Director Office of Nuclear Reactor Regulation DOCUMENT NAME:
GT00 666 Office:
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Dear Mr. Larson:
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GPA/CA JTaylor ETana, PMAS PDIII-3 GT File Thank you for your letter of July 17, 1990, acknowledging our response to l
your earlier request for ~ legal,uthority verifications for waste storage at nuclear power plants in the Midwest Compact Region.
As our staff discussed with 'you by telephone on July 19, 1990, an error was discovered in our July 6,1990,res)onse to yu after it had been issued.
The sentence in the second paragraph t1at reads "the NRC will net approve of long-term onsite storage beyond ' January 1,1996..." should have read "the Commission will not look favorably upon long-term onsite storage of low-level 3
waste beyond January 1,1996...'
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Thomas E. Murley, Director Office of Nuclear Reactor Regulation DOCUMENT NAME: GT0005666
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Dear Mr. Larson:
GPA/CA-JTaylor i
ETana,-PMAS-PDill-3 GT' File n
Thank you for your letter of.Jul 7, 1990, acknow kdging our response to your earlier r3 quest for legal au ority. verifications for waste storap _at nuclear powe: G nts in the Midwes Compact Region.
As our staff discussed with you by.t phone on July 19, 1990, an editorial error was discovered-after our July 6, M 0, response letter had been-t V issued. The sentence in the second pr' % raph that reads "the NRC will-
-j not approve of long-term onsite: storage eyond January 1,1996" should have read "the Commission will not look f vorably upon long-term onsite storage of-low-level waste beyond January-. 1996."
We apologize for-'any misconception or incony nience this oversight may have
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Sincerely, j
I a.
Thomas E. Murley, Director l
Office of Nuclear Reactor Regulation DOCUMENT'NAME: GT0005666
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'Mr. Gregg S. Larson l
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336 N. Ro'?$$ :!treet St. PaA Flinnruta 55101 Dew Mr. Larson:
In response to your letter of June 4,1990, we have reviewed the licenses
-for the operating nuclear power plants you identified.
We received a similar request by telephone from Mr. David Minnaar, De W y Chief, Division of Radiation Health,_ Michigan Department of Public Health. Consequently, we have included the' plants in the State of Michigan in our review. We have determined that there are no regulatory constraints to interim contingency storage of. low-level wastes on the respective sites at any state in the jurisdiction of your Commission. However,-it is the position of the NRC that licensees should continue to transport as much of the waste as possible for disposal to existing _ disposal sites.
NRC Generic Letter 81-38, " STORAGE OF LOW-LEVEL RADIDACTIVE WASTES AT POWER-REACTOR SITES,".of November 10, 1981, provides a method by which licensees-for nuclear plants can increase their capacities to store the projected quantities of wastes for a period up to 5 years. Thus, we find no regulatory i
' impediments that would preclude the licensees from storing the quantitias of i
wastes-projected for the 3-year period you: identified.
However, the NRC will not approve of long-term onsite storage beyond January 1,1996. the finai cesuiine for T.ne development of a capacity ror offsite disposal. The NRC previously stated this view in a May 3, 1990, letter from V. Miller of
~the NRC Office of Governmental and Public Affairs to all member states of low-level radioactive waste compacts.
'A copy of Generic Letter 81-38 is enclosed.
Sincerely, b
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Thomas E. Murley, Office of Nuclear Reactor Regulation
Enclosures:
1.- Generic Letter 81-38 2.-
May 3, 1990, letter from V. Miller, NRC EDO --- 005666 7/1 c 1@ A s
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C. Smyre, PMAS Radioactive Waste Commission J. Partlow YT #0909125 Room 1303 -
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Dear Mr. Larson:
Intresponse to your letter of lune 4,1990, we have reviewed the licenses for the operating nuclear power plants you identified. We received a 4
similar' request by telephone from Mr. David Minnaar. Deputy Chief. Division of Radiation Health Michigan Department of Public Health. Conse have included the plants in the State of Michigan in our review. quently, we We have determined that there are no regulatory constraints to interim contingency storage of_ low level wastes on the respective sites at any state in the jurisdiction of your Commission. However, it is the position of the NRC that. licensees should continue to transport as much as the waste as possible for disposal to existing disposal sites.
NRC Generic Letter 81-38, " STORAGE OF LOW LEVEL RADI0 ACTIVE WASTES AT POWER REACTOR SITES,' of November 10, 1981, provides a method by which licensees-for nuclear plants -can increase their capacities to store the projected j
- quantities of wastes for a period up to 5 years. Thus, we find no regulatory impediments that would preclude the licensees from storing the quantities of wastes projected for the 3-year period you identified.- However, the NRC will not approve of long-term onsite storage beyond January 1,1996 the Trnal deadline for Ine development of a capacity for offsite dis lros&al.
The NRC previously stated this view in a May 3,1990, letter from V. Miller of -
the NRC Of fice of Goverrcnental and PubliDffaTrs to all member states of low-level radioactive waste compacts.
A copy of Generic Letter 81-38 is enclosed.
i Sincerely, i.
Thomas E. Murley, Director s
Office of Nuclear Reactor Regulation i
Enclosure:
Generic. Letter 81-38
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! AGREEMENT AND NON-AGREEMENT' STATES COMPACT DISTRIBUTION STORAGE _OF LOW-LEVEL RADIDACTIVE WASTE (SP-90-80) 1
!n a letter dated February 16,1990 (fP 90 27) we transmitted to you a' copy of a Nuclear Regulator Comission (NRC) Infomation Notice No.
90-09, " Extended Interim Storage of Low. Level Radioactive Waste by Fuel Cycle' and Materials Licensees." This notice _provided guidance to licensees planning to submit license amendment request for extended
' interim storage =cf waste. The notice stated that storage is.not a substitute for disposal, and that waste should be stored only when d
disposal-capacity is not available and for no longer than necessary.
1 Also, the notice-stated that license amendment requests should include final disposal plans which specify when and where waste will be shipped for. disposal, and that storage authorizations will not normally be granted for more than five years. This notice is consistent with discouraging long-term storage beyond January 1,1996.
Since this information notice was sent to you, the Comission in a memorandum dated February 14, 1990 informed the NRC staff that, "...the Comission will not look favorably upon long-term onsite storage of low-level. waste' beyoiid January-1,1996';* That1st~els fWfThal deadline fordevelopmentof-low.levelradioactivewaste(LLW)disposalcasacity.
1 States either acting alone or as part of a Regional Compact whica are unable to provide LLW disposal by that date must take title to, and possession of LLW generated in their States, as well as be liable for any direct or indirect damages for failing to do so promptly.
<The purpose of this letter.is to encourage Agreement States to adopt a similar view regarding storage of LLW beyond January 1,1996, and to
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inform their licensee!,, as appropriate, of their policy on extended storage'of LLW.
l If you have a.different view on extended LLW storage we would be i
interested in your position. A written expression of your position on this matter would be-appreciated..lf you have any questions, l
please contact Ms. Cardelia Maupin at 301-492-0312.
@%Wd%MLO Vandy L. Miller, Assistant Director
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