ML20099E187

Comment Supporting Proposed Rules 10CFR20 & 61 Re LLW Shipment Manifest Info & Reporting

ML20099E187
Person / Time
Site:	Beaver Valley
Issue date:	07/24/1992
From:	Sieber J DUQUESNE LIGHT CO.
To:	NRC OFFICE OF THE SECRETARY (SECY)
References
FRN-57FR14500, RULE-PR-20, RULE-PR-61 57FR14500-00031, 57FR14500-31, NUDOCS 9208100056
Download: ML20099E187 (2)

Text

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" .2 0, (p l j Beaver Va ley Power Station  ! ,

Shippingport PA 15077-0004 %SrS (412) 39 1 5255 July 24, 1992 JOHN D SIEBER Vice Prebident - Nuclear Group ,, y, MM Q ,,

}l Secretary, U.S. Iluclear Regulatory Commission Washington, DC 20555 Attn: Docketing and Service Branch

Subject:

Prok7 sed Rule, " Low-Lovel Waste Shipment Manifest -

Information and Reporting" 57 FR 14500 Duquesne Light Company (DLC) is submitting these comments for consideration in response to the Nuclear Regulatory Commission (NRC) notice in the Federal Reaister. The proposed rule, " Low-Level Waste Shipment Manifest Information and Reporting" (57FR14500), would amend 10 CFR parts 20 and 61 to improve low-level waste (LLW) manifest information and reporting.

DLC agrees with the comments which have been compiled and submitted by the Edison Electric Institute / Utility Nuclear Waste and Transportation Program (EEI/UWASTE). We do not object to the concept of a uniform waste manifest system or to the provision of additional, more detailed LLW shipment information. There are, however, a number of aspects of the proposed rule with which we either disagree or which require considerable clarification.

The proposed rule does not properly distinguish between LLW and ~

radioactive materials shipments, improperly classifies certain materials as LLW, and improperly attributes 6tems to the original shipping party which are more properly attributed to an intermediate entity for purposes of tracking. Items that are transported for processing should not be considered LLW generated by the original shipper unless it can be determined that such items are, in fact, in transit for purposes of disposal or otherwise being handled as LLW.

A further concern is that the uniform manifest rule, as presently proposed, could be utilized by states and compacts to improperly extend their authority. Under the proposed rule, all items sent to a waste processor are treated as if they are LLW, even though many such items are not, and will be either decontaminated, reused, recycled or free released. By requiring such shipments to processors to be manifested as LLW, the NRC, at least implicitly, authorizes compact commissions to exercise export or import restrictions or levy fees or surcharges, as authorized by the applicable compact legislation, o,

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Proposed Rule, " Low-Level Waste Shipment Manifest Information and Reporting" 57 FR 14500 page 2 The NRC also requested comment on the benefits of a national computerized LLW database which would contain information from the uniform manifests and which could make such information available to compacts, regulatory agencies and other parties. While we agree that there are some potential advantages to a national database that would collect relevant LLW data in a uniform and consistent manner, we believe that existing regulations and guidance are more than adequate to protect public health and safety and that a national LLW database is not necessary to provide such assurance. Furthermore, such a database might be utilized by compacts and states for purposes of exercising export / import controls, or assessing fees or surcharges.

We appreciate the opportunity to comment on the proposed uniform waste manifest rule. Our basic recommendation is that the proposed rule should be modified to avoid erroneously classifying items as LLW, which are not LLW, and to properly identify the " generator" of each particular LLW shipment. These changes are essential to assure that 1. parties utilizing the uniform waste manifest are not unfairly burdened, 2. the NRC does not explicitly or implicitly extend the authority of the interstate LLW disposal compacts, and 3. the purposes of the proposed rule are fulfilled.

Sincerely,

/.

. D. Sicher

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