ML20196A563

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Responds to Which Transmitted DOE Rept Entitled, Waste Isolation Pilot Plant (Wipp) Biennial Environ Compliance Rept
ML20196A563
Person / Time
Site: 07109218, 07109279, 07109212, 07100760
Issue date: 11/23/1998
From: Kane W
NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
To: Mcfadden M
ENERGY, DEPT. OF
References
NUDOCS 9811300051
Download: ML20196A563 (2)


Text

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g ,g November 23, 1998 Mr. Michael H. McFadden l Carlsbad Area Office l U.S. Department of Energy l PO Box 3090 l Carlsbad, NM 88221 l

Dear Mr. McFadden:

This is in response to your letter dated October 26,1998, transmitting the Department of Energy (DOE) report entitled, Waste isolation Pilot Plant (WIPP) Biennial Environmental Comoliance Reoort.

As outlined in that report, DOE is periodically required to submit to the Administrator of the Environmental Protection Agency documentation of continued compliance with applicable Federallaws pertaining to the public health and safety or the environment. Among the laws referenced in the report is Section 16(a) of the WIPP Land Withdrawal Act, which declares that "no transuranic waste may be transported by or for the Secretary to or from -

WIPP, except in packages -

(1) the design of which has been certified by the Nuclear Regulatory Commission; and (2) that have been determined by the Nuclear Regulatory Commission to satisfy its quality assurance requirements."

in light of Section 16(a) of the Act, we reviewed the relevant portions of Chapter 15 of the report, specifically Sections 15.3 (Compliance Ctatus of the Certificate of Compliance) and  ;

15.2.20 (Nuclear Regulatory Commission (NRC) Quality Assurance Requirements,10 CFR l 71.101-137). Based upon our records and our review of those sections of the report, NRC 3l' considers DOE to be in compliance with Section 16(a) of the WIPP Land Withdrawal Act. /V Our previous review of DOE compliance was documented in our letter to you dated l December 24,1996. This letter addresses the reporting period of April 1,1996 to i March 31,1998.

l NRC certified DOE's transuranic waste transportation package, the Model No. TRUPACT-II, on August 30,1989. This certificate was subsequently renewed on June 9,1994, for a j five year period ending June 30,1999, in addition to the renewal, NRC has approved j several amendments to the certificate, most recently Revision 9 on June 17,1998.

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M. McFadden .

, i DOE has developed two new package designs for shipments to WIPP, the Model No.

1 HalfPACT and the Model No. 72-B. Applications for package approval for these new l designs have been submitted to the NRC and are currently under technical review, i The NRC conducted four quality assurance inspections of the fabrication activities for TRUPACT-Il packagings during the first reporting period. From the latest inspection, conducted on January 12-14,1993, it was determined that the quality assurance program was satisfactorily implemented and the quality assurance requirements of 10 CFR Part 71 have been met. No additional quality assurance inspections were performed by the NRC during the current reporting period. ,

if you have any questions regarding this matter, we would be pleased to meet with you i and your staff, i

Sincerely,  !

original /s/ by William F. Kane, Director Spent Fuel Project Office i Office of Nuclear Material Safety and Safeguards  !

Docket Nos.: 71-9218, 71-0760  ;

71-9279, 71-9212 i Distribution:

Docket Files PUBLIC NMSS r/f SPFO r/f "C" = Copy without attachment / enclosure "E" = Copy with attachment / enclosure "N" = No copy OFC SFPO/ SFPO/ SFPO/ g S OGg SFPO/ SFPO/

b NMSS NMSS NMSS F S b1 NMSS ,i NMSS, NAME JAM beter CR appell LE ENnfen h ges e DATE ///t7/98 11/11/98. 11/17/98 // // 98 11/ li/98 /I /h/98 il/ 1]/98 OFFICIAL RECORD COPY .

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