ML20205A774
| ML20205A774 | |
| Person / Time | |
|---|---|
| Issue date: | 03/24/1999 |
| From: | Paperiello C NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | Hendricks L NUCLEAR ENERGY INSTITUTE (FORMERLY NUCLEAR MGMT & |
| References | |
| NUDOCS 9903310066 | |
| Download: ML20205A774 (3) | |
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March 24, 1999 3
1 Ms. Lynnette Hendricks Director, Plant Support, Nuclear Generation Division l
Nuclear Energy Institute 1776 "l" Street, NW, Suite 400 Washington, DC 20006-3708 i
SUBJECT:
RESPONSE TO FEBRUARY 3,1999, LETTER REQUEST TO EXTEND EXPIRATION DATE IN 10 CFR 71.52 FOR USING NRC-CERTIFIED TYPE A j
LSA PACKAGINGS
Dear Ms. Hendricks:
I am responding to your letter, dated February 3,1999 in which you requested that the U.S.
Nuclear Regulatory Commission (NRC) extend the expiration date (in 10 CFR 71.52) for using l
NRC-certified Type A low specific activity (LSA) packagings from April 1,1999 to April 1,2001.
Although the intemational experience with shipping LSA materials has been generally favorable, a consensus was reached in the 1985 Edition of the Intemational Atomic Energy j
Agency's (IAEA's) Regulations for the Safe Transport of Radioactive Material that non-accident resistant packagings are not appropriate for very large quantities of LSA. IAEA therefore.
adopted an exposuie rate limit of 1 rem /h at 3 m from the unshielded package contents of LSA pack 9ges. The U.S. provision for implementing this provision,10 CFR 71.52, (final rule (60 FR 50248), published on September 28,1995, effective April 1,1996) established an expiration -
date of April 1,1999 for NRC-certified Type A LSA packages. This provision makes Part 71 for domestic packages compatible with the IAEA limit, and harmonizes LSA package transport i
safety with that of Type A and similar packages. It also prohibits the current situation in which very large quantities of LSA are shipped in packages not re quired to withstand transport l
accidents. These packages pose a direct exposure hazard that exceeds Type A package o
accident consequences by as much as a factor of 10 or more. The revision to 10 CFR 71.52 was coordinated with the U.S. national transportation competent authority, the U.S. Department of Transportation (DOT), as part of parallel NRC/ DOT rulemakings that effectively transferred regulatory jurisdiction over LSA materials to DOT. Therefore, it is important to recognize that NRC decisions on these matters cannot be unilateral and must be coordinated with DOT.
The LSA package limit has been in effect in various European countries since the late 1980's, and we are not aware of any undue burdens or compliance difficulties caused by the limit in European member states. Your letter contains no information with respect to the potential hazard posed by these shipments, nor does it provide any information on industry efforts to achieve compliance with the requirements, or the number of shipments that might be affected.
Also, it is not clear what market factors you referenced in your February 3,1999 letter that have thus far prevented industry from being prepared to meet the April 1,1999 date, or what market factors would facilitate meeting the requested 2-year extension.
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Ms. L. Handricks., ;
in view of the foregoing, we are unable to comply with your request. Furthermore, please note that all Certificates of Compliance for NRC-certified Type A LSA packagings expire on April 1, 1999, and that in the approval of these Certificates, Mr. William Travers, then Director of the Spent Fuel Project Office, specifically indicated that they were not renewable.
We would, however, consider individual requests for an exemption under 10 CFR 71.8 to allow continued use of these packagings, on a case-by-case basis. Such requests would need to be supported by documented efforts to achieve compliance with the expiration date, and evidence that the burden of compliance is unreasonable given available alternatives. We note, as an alternative to your request, that after April 1,1999 NRC-certified Type A LSA packagings may continue to be used under U.S. Department of Transportation (DOT) package regulations, provided that applicable requirements are met. For example, the physical amount of radioactive material in a Type A LSA package may need to be reduced to meet the package dose rate limit. In that regard, you may want to contact Mr. Richard Boyle, in the Office of Hazardous Materials Technology, DOT.
If you hava any questions concerning this matter, please contact Mr. E. William Brach, Director, Spent Fuel Project Office, at (301) 415-8500.
Sincerely, original /s/ by Carl J. Paperiello, Director Office of Nuclear Material Safety and Safeguards cc: Mr. Richard Boyle U.S. Department of Transportation DISTRIBUTION:
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Ms. L. Hendricks '
in view of the foregoing, we are unable to comply with your request. Furthermore, please note that all Certificates of Compliance for NRC-certified Type A LSA packagings expire on April 1, 1999, and that in the approval of these Ceruficates, Mr. William Travers, then Director of the Spent Fuel Project Office, specifically indicated that they w e not renewable.
We would, however, consider individual requests for a exemption under 10 CFR 71.8 to cliow continued use of these packagings, on a case-by-ca basis. Such requests would need to be supported by documented efforts to achieve comp ' nce with the expiration date, aad evidence that the burden of compliance is unreasonable g' en available alternatives. We note, as an alternative to your request, that after April 1,1 9, NRC-certified Type A LSA packagings may continue to be used under U.S. Department Transportation (DOT) package regulations, provided that applicable requirements are et. In tilat regard, you may want to contact Mr. Richard Boyle, in the Office of Hazar ous Materials Technology, DOT.
If you have any questions concernin his matter, please contact Mr. E. William Brach, Director, Spent Fuel Project Office, at (301) 5-8500.
Sincerely, Carl J. Paperiello, Director Office of Nuclear Material Safety and Safeguards cc: Mr. Richard Bofle U.S. Departmdnt of Transportation DISTRIBUTION:
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