ML20127A444
| ML20127A444 | |
| Person / Time | |
|---|---|
| Issue date: | 11/30/1992 |
| From: | Remick NRC COMMISSION (OCM) |
| To: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| References | |
| NUDOCS 9301110290 | |
| Download: ML20127A444 (5) | |
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ir RESPONSE SHEET T0:
SA!4UEL J. CHILK, SECRETARY OF THE C0!44ISSION FR014:
C0ff4ISSIONER REl4ICK
SUBJECT:
SECY-92-380 - NOTICE OF PROPOSED RULEl4AKING TO ESTABLISH PROCEDURES AND CRITERIA FOR
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ON-SITE STORAGE OF LOW-LEVEL RADI0 ACTIVE WASTE, AFTER JANUARY 1, 1996
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APPROVED DISAPPROVED ABSTAIN NOT PARTICIPATING REQUEST DISCUSSION,_
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be NRC's responsibility to provide for emergency access to operating LLW disposal facilities for the LLW it prohibits from on-site storage.
Response.
The 11RC is not pursuing a "no on-site storage" option.
The 11RC recognizes that some generators will have to store LLW on-site.
The NRC seeks to minimize the amount of LLW placed in storage, by requiring generators to exhaust all other reasonable waste management options.
The guidance governing implementation it of the emergency-access provision, of the Act, contained in Information Notice 91-65, " Emergency Access to Low-Level Radioactive Waste Disposal Facilities," will remain in effect.
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The NRC does not anticipate any situation where the provisions of s
this rule, in addition to a lack of access, would create a serious and immediate threat to the public health and safety or f
common defense and security, thereby requiring emergency access.
4 Y Comment.
A more immediate concern, directly related to the storage of waste, is the authority of a generator to accept its
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processed waste after this waste has been sent off-site for treatment.
Response.
The NRC has initiated a rulemaking to allow nuclear power reactor licensees to receive back LLW after off-site j
treatment.
i Comment.
Anf rulemaking on this issue must incorporate maximum flexibility, consistent with the protection of the public health 14 l
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P 5.
In 540.41, paragraph (h) is added to read as follows:
i 540.41 Terrn and condjtions of licensen.
(h)
The following conditions are contained in every license issued under the regulations in this part.
(1)
Low-level radioactive waste (LLW) may be stored on-site, provided it is authorized under existing conditions of the license, and storage is consistent with existing authorities and procedures, and all relevant licensing and regulatory requirements applicable to on-site storage.
LLW may not be stored on-site by the generator beyond January 1, 1996, except as specified in paragraph (h) (2) of this section.
(2)
For on-site storage of LLW beyond January 1, 1996 (other than reasonable short-term storage necessary for decay or for collection or consolidation for shipment off-site, in the case where the licensee has access to an operating LLW disposal facility), the licensee shall document that it has exhausted other reasonable waste management options which would include taking all reasonable steps to contract, either directly or through the State, for disposal of LLW.
(3)
The lica.nsee shall retain all relevant documentation regarding the actions taken pursuant to paragraph %' (h) (2) of this 4s.
section, for at least three years, and shal' maka the 34
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procedures, and all relevant licensing and regulatory requirements applicable to on-site storage. LLW may not be stored on-site by the generator beyond January 1, 1996, except as specified in paragraph (1) (2) of this section.
(2)
For on-site storage of LLW beyond January 1, 1996 (other than reasonable short-term storage necessary for decay or for collection or consolidation for shipment off-site, in the case where the licensee has access to an operating LLW disposal facility), the licensee shall document that it has exhausted other reasonable waste management options which would include taking all reasonable steps to contract, either directly or through the State, for disposal of LLW.
(3)
The licensee shall retain all relevant documentation regarding the actions taken pursuant to paragraph (1) (2) of this
)f section, for at least three years, and shall make the documentation available for NRC inspection.
PART 72 - LICENSING REQUIREMENTS FOR INDEPENDENT STORAGE O SPENT NUCLEAR FUEL AND HIGH-LEVEL RADIOACTIVE WASTE 10.
The authority citation for Part 72 is revised to read as follows:
Authority: Secs. 51, 53, 57, 62, 63, 65, 69, 81, 161, 182, 183, 184, 186, 187, 189, 68 Stat. 929, 930, 932, 933, 934, 935, 948, 953, 954, 955, as amended, sec. 234, 83 Stat. 444, as 40
11.
In 572.44, paragraph (h) is added to read as follows:
S72.44 License conditions.
(h)
The following conditions are contained in every license issued under the regulations in this part:
(1)
Low-level radioactive waste (LLW) may be stored on-site, provided it is authorized under existing conditions of the license, and storage is consistent with existing authorities and procedures, and all relevant licensing and regulatory requirements applicable to on-site storage.
LLW may'not be stored on-site by the generator beyond January 1, 1996, except as specified in paragraph (h) (2) of this section.
(2)
For on-site storage of LLW beyond January 1, 1996 (other than reasonable short-term storage necessary for decay or for collection or consolidation for shipment off-site, in the case where the licensee has access to an operating LLW disposal facility), the licensee shall document that it has exhausted other reasonable waste management options which would include taking all reasonable steps to contract, either directly or through the Stato, for disposal of the LLW.
(3)
The licensee shall retain all relevant' documentation regarding the acticns taken pursuant to paragraph (h) (2) of this
(
l section, for at least three years, and shall make the 43 l
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