ML20132D409
| ML20132D409 | |
| Person / Time | |
|---|---|
| Issue date: | 12/10/1996 |
| From: | Scroffins R NRC OFFICE OF THE CONTROLLER |
| To: | Taylor J NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| References | |
| NUDOCS 9612190376 | |
| Download: ML20132D409 (4) | |
Text
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+4 UNITED STATES i
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j NUCLEAR REGULATORY COMMISSION 4"
WASHINGTON, D.C. 20666 4001
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December 10, 1996 i
1 MEMORANDUM T0:
James M. Taylor Executive Director for Operations
~
FROM:
Ronald M. Scroggins
/
Deputy Chief Financ Officer / Controller 1
SUBJECT:
FEE EXEMPTION REQUEST FOR LICENSEES PARTICIPATING IN DOE /LANL PLUT0NIUM BERYLLIUM NEUTRON SOURCE REC 0VERY PROGRAM During the 1960-1970 time frame, the former Atomic Energy Commission provided Plutonium Beryllium (239 PuBe) Neutron Sources to many high schools, colleges and universities, as well as to other Federal agencies for teaching purposes.
Many of these facilities no longer have any use for, and want to get rid of, the sources. However, these sources exceed Class C waste classification, are generally not acceptable for near surface disposal, and are designated as a Federal responsibility for disposal. A disposal site for greater than Class C sources of this type is currently not available and will likely not be available for some time. Therefore, these licensees are forced to continue to possess and store the material until a disposal site or other disposal options become available.
The long term storage of this material poses a risk of the loss of control and release of the material into the public domain. DOE, working with NRC and DOE's contractor, Los Alamos National Laboratory (LANL),
has developed a recycle program for these sources where LANL identifies and arranges for shipment of the sources. The sources are shipped to DOE /LANL using a DOT Model 6M shipping cask belonging to DOE.
(All PuBe sources held at D00 facilities are owned by DOE and licensed by the NRC.
Privately held sources are licensed either by NRC or an Agreement State). DOE /LANL maintains the registry of licensees with 239 PuBe sources in need of disposal and ships J
the DOE cask to the licensee for packaging and shipment to DOE /LANL.
According to DOE /LANL there are currently approximately 250 such licensees on 4
their registry representing about 195 non-profit educational institutions, about 40 Federal facilities (mostly D00 or DOE) and about a dozen private entities.
Prior to shipment of these sources NRC regulations require that the shipper of the material, if located in a non-agreement state, obtain a Duality assurance Program Approval (QA) in accordance with 10 CFR Part 71.
When this program first began, the majority of licensees shipping their waste to DOE \\LANL were non-profit educational institutions. Most non-profit educational institutions are exempt from both 10 CFR 170 fees and 171 annual fees.
With the recent closure of some D0D facilities, we now have several instances where the Department of the Navy has shipped waste to DOE /LANL.
Federal agencies which are issued an NRC QA Program Approval are subject to the annual fees (currently $950) in 10 CFR Part 171.
Federal agencies are exempt from the 10 CFR Part 170 fees under 10AA.
9612190376 961210 TOPRPEXILgS DR
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James M. Taylor !
NMSS has issued 24 such QA Program Approvals thus far under this program.
OC has issued annual fee bills in FY 1996 to four Navy installations:
Mayport, FL, Concord, CA, Charleston, SC, and Yokosuka, Japan, for their QA i
Program Approvals and one private entity who was acting as a broker for D00 in j
arranging a shipment from the Army Research Laboratory at Watertown, MA.
NMSS believes that fees will act as a disincentive if licensees were otherwise j
willing to ship these sources under this program.
Because of the potential health and safety implications of licensees storing 239 PuBe sources for i
extended periods, and that it is in the public interest to get these unwanted j
sources into appropriate DOE facilities, NMSS has requested that licensees who ship these sources to DOE /LANL under this program be fee exempt (both 10 CFR i
Part 170 and 10 CFR Part 171).
i These shipments are one-time shipments using DOT approved packages owned by 00E. The QA Program Approvals are being issued for short-term only (usually a six-month period) to cover these one-time shipments.
But for the necessity to ship this waste to DOE /LANL, the licensee would not otherwise require an NRC i
QA Program Approval under 10 CFR Part 71, Subpart H.
Many of the licensees on the DOE /LANL registry are in Agreement States and therefore, may not require a j
QA Program Approval for using a DOT approved shipping cask.
Based on the above, I recommend that an exemption from 10 CFR Part 171 annual fees be granted for this program. The total amount of the annual fee i
exemption is estimated over a five-year period to be between $25,000-$50,000 (based on the DOE /LANL registry; further, since the QA's are issued for six-month periods, many are subject to the 50 percent proration of the annual fee).
Upon your approval, we will notify the current licensees who have received invoices under this program that they have been exempted from the annual fee requirements of 10 CFR Part 171 and we will identify future j
licensees receiving QA Program Approvals under this program as fee-exempt.
It is also recommended that an exemption be granted from 10 CFR Part 170 fees to-the one private company who is acting as a broker for D0D in arranging for shipment for some of the sources.
i Approved:
in/rr/n James M.
ylor
/
Date Execut irector for Operations
James M. Taylor.
OC has issued annual fee bills in FY 1996 to four Navy installations:
l-Mayport, FL, Concord, CA, Charleston, SC, and Yokosuka, Japan, for their QA Program Approvals and one private entity who was acting as a broker for D00 in l
arrangir.g a shipment from the Arm *; kesearch Laboratory at Watertown, MA.
NMSS believes that fees will act as a disincentive if licensees were otherwise willing to ship these sources under this program.
Because of the potential health and safety implications of licensees storing 239 PuBe sources for extended periods, and that it is in the public interest to get these unwanted sources into appropriate DOE facilities, NMSS has requested that licensees who ship these sources to DOE /LANL under this program be fee exempt (both 10 CFR Part 170 and 10 CFR Part 171).
l These shipments are one-time shipments using DOT approved packages owned by i
DOE. The QA Program Approvals are being issued for short-term only (usually a
{
six-month period) to cover these one-time shipments.
But for the necessity to j
ship this waste to DOE /LANL, the licensee would not otherwise require an NRC l
QA Program Approval under 10 CFR Part 71, Subpart H.
Many of the licensees on the DOE /LANL registry are in Agreement States and therefore, may not require a j
QA Program Approval for using a DOT approved shipping cask.
I Based on the above, I recommend that an exemption from 10 CFR Part 171 annual fees be 1 ranted for this program. The total amount of the annual fee exemption is estimated over a five-year period to be between $25,000-$50,000 (based on the DOE /LANL registry; further, since the QA's are issued for six-month periods, many are subject to the 50 percent proration of the annual fee). Upon your approval, we will notify the current licensees who have
- received invoices under this program that they have been exempted from the annual fee requirements of 10 CFR Part 171 and we will identify future licensees receiving QA Program Approvals under this program as fee-exempt.
It is also recommended that an exemption be granted from 10 CFR Part 170 fees to the one private company who is acting as a broker for D0D in arranging for shipment for some of the sources.
A%dsign0@y
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James M. Taylor I Date Executive Director for Operations Distribution:
L. Tremper, OC/DAF/LFARB/ARS G. Jackson, OC/DAF/LFARB/LFS M. Messier, OC/DAF/LFARB/LFS D. Weiss, OC/DAF/LFARB J. Jankovich, NMSS/SFP0 S. Kimberley, OC/DAF/LFARB/LFS CS (ML-61)
J. Holloway, OC EDO R/F (O
OC R/F OC/DAF/LFARB RF 190081 OC/DAC RF (DAF-6-252)
OC/DAF 0F DOCUMENT NAME: G:\\DAF6252
- see previous concurrence (To receive a copy of L(LF3.2.3; LF3.2.8) is doctment, indicatn in the box:
"C" = Copy without attachment / enclosure "E" = Copy with attachment / enclosure "W* = No copy.
OFFICE OC/DAF/LFAR8 C
NMSS C
NMSS OC/DAF N
OC E
OGC N
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DATE 11/29/96 11/29/M 12/02/%
12/05/M 12/05/%
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NMSS has issued 24 such QA Program Approvals thus far under this program.
OC has issued anr.ual fee bills in FY 1996 to four Navy installations:
Mayport, FL, Concord, CA, Charleston, SC, and Yokosuka, Japan, for their QA Program Approvals and one private entity who was acting as a broker for D00 in arranging a shipment from the Army Research Laboratory at Watertown, MA.
NMSS believes that fees will act as a disincentive if licensees were otherwise willing to ship these sources under this program.
Because of the potential health and safety implications of licensees storing 239 PuBe sources for extended periods, and that it is in the public interest to get these unwanted sources into appropriate DOE facilities, NMSS has requested that licensees who I
ship these sources to DOE /LANL under this program be fee exempt (both 10 CFR Part 170 and 10 CFR Part 171).
j These shipments are one-time shipments using/ DOT approved packages owned by i
DOE. The QA Program Approvals are being issued for short-term only (usually a l
six-month period) to cover these one-time shipments.
But for the necessity to I
ship this waste to DOE /LANL, the licensee would not otherwise require an NRC QA Program Approval under 10 CFR Part 71, Subpart H.
Many of the licensees on i
the DOE /LANL registry are in Agreement States and therefore, may not require a QA Program Approval for using a D0T approved shipping cask.
Based on the above, I recommend that an exemption from 10 CFR Part 171 annual fees be granted for this program. 'The total amount of the annual fee i
exemption is estimated over a five-year period to be between $25,000-$50,000 (based on the DOE /LANL registry;.'further, since the QA's are issued for six-j month periods, many are subject /to the 50 percent proration of the annual i
fee).
Upon your approval, we will notify the current licensees who have received invoices under this program that they have been exempted from the annual fee requirements of 10 CFR Part 171 and we will identify future licenseesreceivingQgArogram Approvals under this program as fee-exempt.
It is also recommended an exemption be granted from 10 CFR Part 170 fees to the g
1 one private company who is' acting as a broker for D0D in arranging for i
shipmentforsomeofthefsources.
l l'
Approved:
James M. Taylor Date Executive Director for Operations Distribution:
L. Tremper, OC/DAF/LFARB/ARS M. Messier, OC/DAF/LFARB/LFS J. Jankovich, NMSS/SFD0 NUDOCS (ML-61)
PDR ED0 R/F OC R/F OC/DAF/LFARB RF 0[
OC/DAF RF (DAF-6-252)
OC/DAF SF (LF3.2.3; LF3.2.8)
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