ML20141A053
| ML20141A053 | |
| Person / Time | |
|---|---|
| Issue date: | 06/06/1997 |
| From: | Paperiello C NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | Goitein E AFFILIATION NOT ASSIGNED |
| Shared Package | |
| ML20141A056 | List: |
| References | |
| REF-WM-3 NUDOCS 9706200060 | |
| Download: ML20141A053 (8) | |
Text
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UNITED STATES J
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NUCLEAR REGULATORY COMMISSION
.c WASHINGTON. O C. 205r5 0001
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June 6, 1997 Mr. Ernest Goitein 167 Almendral Avenue Atherton, CA 94027 Dear Mr. Goiteln.
1 I am responding to your letter of May 2, 1997, to Chairman Jackson, of the U.S. Nuclear Regulatory Commission, concerning our views on a San Bernardino County Board of Supervisors' proposal for amending the Low-level Radioactive i
Waste Policy Amendments Act of 1985.
As you noted, NRC commented on the i
proposal in a letter to U.S. Congressman Jerry Lewis on March 27, 1997.
In your letter, you raised several concerns including: (1) your view that because i
radioactive waste disposal facilities have leaked in the past, the concept of shallow land burial must be abandoned, (2) your view that low-level radioactive waste (LLW) should be classified by the half-life of the radioactive elements, and (3) your desire that the Commission reconsider the design concepts and suggestions unanimously approved by the San Bernardino City Board of Supervisors.
We share your concerns about the need for safe disposal of low-level radioactive waste, and public confidence in LLW disposal.
Our primary mission is the protection of public health and safety from the effects of radiation.
However, your letter does not address new issues or provide additional information beyond the information considered in response to Congressman Lewis.
Early in the development of LLW disposal facilities, there were problems with unacceptable practices used for disposal.
The Commission addressed these concerns when it issued standards for LLW disposal in 10 CFR Part 61.
These regulations address acceptable levels of risk to the general population from LLW disposal.
Based upon these regulations, the Commission believes that j
shallow land disposal of LLW can be conducted in a manner that adequately
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protects the public health and safety.
For the reasons identified in our letter to Congressman Lewis, we have no reason to believe that public health
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and safety would not be protected adequately at the Ward Valley site.
/t/h/lf The proposal to classify radioactive material primarily based on half-life is neither scientific nor risk-based, and does not comport with acceptable f[
international views.
Risk is a function of radiation dose, and the
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determination of risk depends on a variety of factors, including the type of j
"ffh radiation, the concentration of radionuclides in the medium in which they are w present, the likelihood that barriers will be fully effective to contain the I
radionuclides, and the likelihood and rate of exposure if the radiation is not fully contained.
The half-life of a particular radionuclide may also be a factor, but it is not the controlling factor.
Concerning the recommendations of the San Bernardino County Board of Supervisors, the proposal is based on some misunderstandings of both the law and the facts related to LLW disposal.
In our letter to Congressman Lewis, we noted a number of significant, specific concerns, regarding the proposal, that g& ' fGk l
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t E. Goitein noted a number of significant. specific concerns, r arding the proposal, that could adversely affect protection of public health an afety. These include the proposal's failure to address the orphan wastes that it uld create, the fact that it is neither scientific nor risk-based, and its lack o justification in terms of health benefits to be gained versus costs.
Your letter do not address any of these specific concerns with the proposal.
The Commission appreciates your nterest in the development of new LLW disposal capacity in the United States.
I trus that this reply responds to your concerns and clarifies our position.
Sincerely.
Carl J. Paperiello. Director Office of Nuclear Material Safety and Safeguards l
- see previous concurrence CP/ PROOFED /MAY 16. 1997 OFC LLDP*
LLDP*
LLDP*
OGC*
TEdit*
DWM*
NAME JKennedy/cv RNelson JHickey WReamer EKraus MVFederline l
DATE 5/14/97 5/14/97 5/14/97 5/14/97 5/13/97 i
5/15/97 i
0FC NMSS*
DEDO *l /
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EQUk OC 4
NAME CPaperiello HThksbl JC b sAJackson DATE 5/16/97 5/20/97
[ d/
6> /6 / / 7 0FFICIAL RECORD COPY DISTRIBUTION: ED0 G97345 Central File DWM r/f MBell MFederline NMSS r/f WReamer SSalomon EDO R/F PTressler THarris JBlaha RBangart DWM t/f SECY (CRC-97-0451)
SFonner SBurns KCyr EJordon NMSS Dir. Off. r/f CPoland PNorry Path & File Name:
a:goitein.ltr PUBLIC:
YES X
NO Category:
Proprietary or CF Only ACNW:
YES NO X
IG:
YES NO X
Delete file after distribution:
Yes No J
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E.,Goitein could adversely affect protection of public health and safety.
These include the proposal's failure to address the orphan wastes that it would create, the fact that it is neither scientific nor risk-based, and its lack of a justification in term of health benefits to be gained versus costs.
Your letter does not address any of these specific concerns with the proposal.
The Commission appreciates your interest in the development of new LLW di:posal capacity in the United States.
I trust that this reply responds to your concerns and clarifies our position.
Sincerely, y :l h'uN Carl J. Paperiello, Director Offi ce of Nuclear Material Safety and Safeguards j
E. Goitein -
noted a number of significant. specific concerns, r ng the proposal, that could adversely affect protection of public health an afety.
These include the proposal's failure to address the orphan wastes that it uld create, the fact that it is neither scientific nor risk-based, and its lack of justification in terms of health benefits to be gained versus costs.
Your letter do not address any of these specific concerns with the proposal.
The Commission appreciates your 'nterest in the development of new LLW disposal capacity in the United States.
I trus that this reply responds to your concerns and clarifies our position.
Sincerely.
Carl J. Pap"riello, Director Office of Nuclear Material Safety and Safeguards
_ see previous concurrence CP/ PROOFED /MAY 16. 1997 0FC LLDP*
LLDP*
LLDP*
OGC*
TEdit*
DWM*
NAME JKennedy/cv RNelson JHickey WReamer EKraus MVFederline DATE 5/14/97 5/14/97 5/14/97 5/14/97 5/13/97 5/15/97 0FC NMSs*
DEDO * /[/
EQCk OC NAME CPaperiello HThd.ps JCb SAJackson DATE 5/16/97 5/20/97 (d/
la /(- / 7 7 0FFICIAL RECORD COPr DISTRIBUTION ED0 G97345 Central File DWM r/f MBell MFederline NMSS r/f WReamer SSalomon EDO R/F PTressler THarris JBlaha RBangart DWM t/f SECY (CRC-97-0451)
SFonnor SBurns KCyr EJordon NMSS Dir. Off. r/ f CPoland PNorry Path & File Name:
a:goitein.ltr PUBLIC:
YES X
NO Category:
Proprietary or CF Only ACNW:
YES NO X
IG:
YES NO X
, Delete file after distribution:
Yes No
ACTION
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3 EDO Principal Correspondence Control FROM DUE: 05/21/97 EDO CONTROL: G970345 DOC DT: 05/02/97 FINAL REPLY:
! Ern00t Goitein
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1 AthOrton, California TO:
l Chairman Jackson FOR SIGNATURE OF :
DESC:
ROUTING:
i LOW-LEVEL WASTE POLICY ACT Callan Jordan Thompson Norry Blaha i
Burns DATE: 05/09/97 Bangart, SP Cyr, OGC ASSIGNED TO:
CONTACT:
.NMSS Paperiello SPECIAL INSTRUCTIONS OR REMARKS:
Put EDO and Chairman on for concurrence.
Chairman's office to review response prior to dicpatch.
1 O
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1 OFFICE OF THE SECRETARY CORRESPONDENCE CONTROL TICKET PAPER NUMBER:
CRC-97-0451 LOGGING DATE: May 8 97 ACTION OFFICE:
EDO AUTHOR:
ERNET GOITEIN AFFILIATION:-
-ADDRESSEE:
CHAIRMAN JACKSON
. LETTER DATE:
May 2 97 FILE CODE: M-20
SUBJECT:
LOW LEVEL WASTE POLICY ACT
. ACTION:
Direct Reply DISTRIBUTION:
CHAIRMAN SPECIAL HANDLING: SECY TO ACK CONSTITUENT:
NOTES:
CHAIRMAN SHOULD REVIEW RESPONSE PRIOR TO DISPATCH DATE DUE:
May 23 97 SIGNATURE:
DATE SICNED:
AFFILIATION:
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1 EDO -- G970345 l
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