ML20203K642

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Responds to Expressing Concerns About Effect That Terminating Shipments of Diffuse Concentrations of SNM Waste Would Have on DOE Facilities in Oak Ridge,Tn.Requests That NRC Review SNM Rule in 10CFR150 & Issue Interim Rule
ML20203K642
Person / Time
Issue date: 12/09/1997
From: Shirley Ann Jackson, The Chairman
NRC COMMISSION (OCM)
To: Wamp Z
HOUSE OF REP.
Shared Package
ML20203K645 List:
References
NUDOCS 9712230039
Download: ML20203K642 (2)


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UNITED STATES l

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December 9, 1997 a

CHANNAN 2The Honorable Z' ach Wamp -

United States House of Representatives Washington, D.C. 20515 g

Dear Congressman Wamp:

I am responding to yocr letter of October 21,1997, which expressed concems about the

_ effect that terminating shipments of diffuse concentrations of special nuclear material (SNM) waste would have on Department of Energy (DOE) facilPies h Dak Ridge, Tennessee. You also requested that the U.S. Nuclear Regulatory Commission (NRC) review its SNM rule in 10 CFR Part 150 and issun an interim rule that would allow facilities to proceed with their missions and environmental improvements.

We bvlleve that you are referring to recent actions which Envirccare of Utah, Inc.

(Envirocare) took in limiting and suspending shipments of SNM-bearing waste to its Clive, Utah, disposal facility. As background, Envirocare is currently licensed by Utah, an Agreement Stste, to possess small quantities of CNM Agreement States, such as Utah, have entered into formal agreements with NRC, and have authority to regulate SNM in

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quantities not sufficient to form a critical mass. Persons who wish to possess greater quantities of SNM are required to obtain an NRC license. ' Envirocare does not currently possess such a 1: cense, j-In May of this year, the State of Utah determined that Envirocare had _vlolated its SNM possession limit, and reported this matter to NRC, AfMr this notification, an NRC inspedon conf!rmed that Envirocare had violated NRC regulations related to the g:::::b-n of SNM.

Therefore, NRC ist,ued a Confirmatory Order, on June 25,1997, that required Envirocare to stop receiving SNM waste until Envirocare heel reduced its SNM inventory below the i regulatory limits. Envirocare has reduced the SNM inventory and has resumed accepting

waste containing SNM. Envirocare informed us that, to remain h compliance with its

- possession limit, it has temporarily suspended accepting SNM waste shipments from several:

mbed-weste and low-level we=te generators.

Envirocare has p:oposed several long-term solutions which would allow g:::::% of greater

- quantities of SNM. ' For example, Envirocare filed a petition for rulemaking that requested a.

L categorical exemption from the SNM cntical mass limits in 10 CFR Part 150 of NRC's.

regulations, for persons generating or disposing o, low-specific activity waste contaminated

-wph SNM.L in July 1997, Envirocare requested that NRC consider reliching an interim final rule that would allow possession of greater quantities of SNM. ! The NRC staff is evaluating the petition and Envirocare's recer,' request and is currently preparing a recommendation for

~ the Commission on this subject " After reviewing the staff's recommendation, the Commission

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' will decide on the appropriate action to take in response to the petition and provide direction I'

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' to the staff.

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2-In addition to the non-licensing approaches, such as exemption and rulemaking requests, we understand Envirocare plans to submit a license application to NRC for enceipt, storage, and processing of low-level radioactive waste and mixed waste in the near future. If such a -

license is applied for and issued by NRC, Envirocare could be authorized to possess praater quantities of SNM than are currently allowed by its State of Utah license. NRC will continue to work expeditiously with the State of Utah to resolve this matter, I trust this reply responds to your concems.

Sincerely, b"

Shirley Ann Jackson 6

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