ML20205P173
| ML20205P173 | |
| Person / Time | |
|---|---|
| Issue date: | 05/12/1986 |
| From: | Jennifer Davis, Harold Denton NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS), Office of Nuclear Reactor Regulation |
| To: | Kerr G NRC OFFICE OF STATE PROGRAMS (OSP) |
| Shared Package | |
| ML19318J013 | List: |
| References | |
| FRN-53FR31880, RULE-PR-150 AC57-1, AC57-1-005, AC57-1-5, NUDOCS 8605210208 | |
| Download: ML20205P173 (7) | |
Text
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Ass 94 UNITED STATES
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NUCLEAR REGULATORY COMMISSION WASHINGTON, O. C. 2355 hM
\,,,,, May 12, 1986 MEMCRANDUM FOR: G. Wajne Kerr, Director Office of State Programs FROM: Harold R. Denton, Director Office of Nucledr Reactor Regulation John G. Davis, Director Office of Nuclear Material Safety and Safeguards 1
, S_U.BJECT : NRC VS AGREEMENT STATE JURISDICTION OVER WASTE DISPOSAL l RELATED TO DECOMMISSIONING j
H In your memorandum of November 1, 1985 you supported a statement of NRC policy that jurisdiction for decomissioning of NRC-licensed reactor 6nd
]; 10 CFR Po t 70 fuel cycle facilities should remain with the NRC for the Entire process. You also supported a position that the NRC should retain sole authority for the burial / disposal of low level radioactive waste in 3 accordance with 10 CFR Part 20.302 at such reactor and Part 70 fuel i cycle facilities in Agreement and non-Agreement States. )
h' We agree with your position on both issues. First, with respect to decoimissioning in Agreement States and non-Agreement States alike:
lj NRR and NMSS policy is 6 the NRC will retain sole regulatory authority 1) l for shutdown NRC-licen3 actor and Part 70 fuel cycle facilities and for 1
all decomissioning opt' ....* for these facilities, and 2) the NRC will retain this licensing authority until the license is teminated.
Agreement State facility licensing authority is precluded by the Atomic Energy Act and NRC regulations for all operating nuclear reactors and for all Part 70 fuel cycle facilities with quantities of special nuclear material exceed:ng the amounts specified in 10 CFR Part 150.11. Consideration may, however, be oiven to the transfer of licensing authority to an Agreement State for an operating Part 70 fuel cycle facility, if: 1) the facility is to continue to operate as a nuclear facilit',, 2) the quantities of special ruclear material have been reduced to less than 10 CFR Part 150.11 limits,
.ad 3) the Agreement State involved is prepared to issue a State license.
9ecomissioning optiens such as SAFSTOR. ENTOMB or DECON, as defined in the proposed decommissioning rule et 2/11/85.
CONTACT:
P. Erickson, SSPD Ext. 28194 f ,. o 5 2 J D M G 2-f f '
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Second, with respect to on-site burials: currently, if radioactive. material is to be buried / disposed of at an NRC-licensed reactor or Part 70 fuel cycle ;
facility in accordance with 10 CFR Part 20.302, an approval must be obtained i from the NRC in a non-Agreement State and from the State in an Agreement i State. NRR and NMSS w!11 initiate, by a request to RES, an amendment to 10 l CFR Part 150.15 to clarify that the NRC has the sole authority for the above .
on-site waste burial / disposal in exclusion and restricted areas. This rule '
change will reduce unnecessary duplication of review ar.; avoid potential jurisdictional conflicts during subsequent decommissioning. ;
i The proposed revision to 10 CFR Part 150 will not change the rules with i respect to waste disposal subject to 10 CFR Part 61, which would continue to !
be licensed by the NRC in non-Agreement States and by the State in an j Agreement Stata.
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rJm . Director
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ffice of Nuclear Reactor Regulation
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/' John G. Davis, Uirector 6 Office of Nuclear Material Safety and Safeguards I
%[T?-f DAT[s January 30, 1987 Esn, T0: R[5 INDEPINDENT REYlEW ROARD MEMBEk$
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RCS/RDB/DRA TITLE OF RULEMAKING: Assigning Sole NRC Authority For Approvin2 Onsite Low-Level Waste Disposal (10 CFR 150)
SU W RY ANALYSIS: (NOTE: This suvary sheet is provided only for the convenience of the RIRB rembers. It will be removed from the RES independent review packs e before the package is dispatched to the EDO or is distributed outside RES.
ANALYSIS Currently, the handling and storage of onsite low level waste is requiated by the NRC in all States. Additionally, NRC has ,4urisdiction for onsite LLW disposal in non Agreement States. However. in Agreement States, disposal of LLW is under the regulatory .iurisdiction of the State. There i
would be a clear advantage for one authority to regulate all onsite rsanagement of low-level waste, includino handling, storage and disposal in order to provide a more roeprehensive regulatery review procedure of all onsite waste management activities and to avoid unnecessary duplication of effort.
NRR and N5'55 have both requested that RES initiate a rulemaking to change )
l 10 CFR Part 150.15 to clearly state that the NRC has sole approval i
! authority for onsite disposal of radioactive waste in accordance with j l 10 CFR Part 20.302 in the exclusion area of NRC-licensed reactors and the )
restricted area of Part 70 fuel cycle facilities.
Sole NPC jurisdiction would provide uniform review of proposed onsite disposal and anifem records concerning the amounts and locations of future dispcaal of radioactive raterial. Unifom review procedures and recordkeeping of onsite disposal will provide for greater assurance that the radioactive material will not present a health hazard St a later date af ter the site is decomissioned.
The analysis has been coordinated and concurred in by NRR, NMSS, SP and OGC.
OBJECTIVE This rulemaking would establish NRC's sole authority for approving onsite dispcsal of Low-level Waste at all NRC. licensed reactors and at Part 70 fuel cycle facilities.
/
DATE: March 3,1987 10: Eric S. Beckjord, Director, RES FROM: DRA/RDB/RCS TITLE OF RULEl% KING: Assigning Sole NRC Authority for Approving Onsite Low-Level Waste Disposal (10 CFR 150)
HIGHLIGHT SHEET FOR MEMO RES TO E00 (NOTE: This highlight sheet is provided only for the convenience of the DDIR:RES and DIR:RES. It will be removed from the meno RES to EDO oncka distributed outside RES.)ge before the memo is dispatched to the EDO or is ISSUES:
Currently, the handling and storage of onsite low level waste is regulated by the NRC in all States. Additionally. NRC has .4urisdiction for onsite i l LlW disposal in non Agreement States. However, in Agreerent States.
- disposal of Lt.W is under the regulatory .iurisdiction of the State. There J
would be a clear advantage for one authority to regulate all onsite management of low-level waste, includinu handling, storage and dispesal in order to provide a more coeprehensive regulatery review procedure of all
' onsite weste management activities and to avoid unnecessary duplication of ,
effort.
NRR and hvs5 have both requested that RES initiate a rulemaking to change 10 CFR Part 150.15 to clearly state that the NRC has sole approval authority for onsite disposal of radienctive waste in accordance with 10 CFR Part 20.302 in the exclusion area of NRC-licensed reactors and the restricted area of Part 70 fuel cycle facilities.
3 ole NPC jurisdiction uuld provide entfom review of proposect onsite l' disposal and unifem records concerning the amounts and locations of future disposal of radioactive material. Unifom review procedures and i
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recordkeeping of onsite disposal will provide for greater assurance that the radioactive material will not present a nee.'th hazard at a later date af ter the site is decomissioned.
The analysis has been coordinated and concurred in by NRR, NMSS, SP and OGC.
This rulemaking would establish NRC's sole authority for approving onsite i
- disresal of Low. level Waste at all NRC-licensed reactors and at Part 70 i t fuel cycle facilities.
2 l RIRE MEMBER COPENTS (FROM VOTING SHEETS):
< l One,cffirmative vote and one not participating due to Comanche Peak OIA Report, PRlh lFAL FUEllt ComENTS & STAFF RESPONSES:
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/oC RES INDEPENDENT REVIEW BOARD VOTING SHEET TO: K. R. Gouer, Chaiman, RIRu FROM: G. A. Arlotto Member, RIRB TITLE OF RULEMAKING:
Amendment to Assign NRC Sole Authority for Ap* proving Dnsite t.LW Disposal (Part 150)
AGREE WITH DRAM RES REQUEST RIRB INDEPENDENT RECOP.MENDATIONS, MEETING.
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IN ORAM INDEPENDENT REVIEk PACGGE.
N DIFY DR. APT RES NOT FARTICIPATING.
INDEPENDENT RECOW.u.ENDATIONS N AS INDICATED BELOW.
COMMENTS AND SUGGESTIONS:
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i S & $2Y G. A. Arlotto MEMBER, RIRB n!?lf 9 DATE
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RIS INDEPENDIN1 RIVl[W 50ARD VOTING SHEE1 .
10: K. R. Go11er, Chai2 san, RIRB T R0t'.: b. P. krris , Hec.ber,RIRB s
ilTLE OF RuttMAKING: Assigning Sole NRC Authority for Approving Onsite Low-Level Waste Disposal (10 CFR Part 150)
P RE0VE51 ElRB '
i AGRtt W11H DRArt RES W MEttlNG.
/ INDEPENDEN1 RECOW.ENDA110NS IN DRAT 1 INDEPENDENI REVIEN PAEKAGE.
MD1 PARTICIPATING.
N DIFY DRAT 1 RES ,
t INDEPENDENT RECOWikDATIONS a,__ ) A5 INDICATED RELOW.
COWIN15 AND SUGGESTICN5:
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- b. H. >brris MEstR, RIRB DATE
CHECKLIST FDR RES INDEPENDENT REVIEW Title of Rulemaking:
RES Mail Control No:
Date received from sponsoring office:
Assigned Due Date: z g /. ,
i Date received by DRA0 for action:
f //f/3 7 4 3 f g i'(,43y Date reviewed by RCS for adequacy:
(If inadequate, date additional
^~a' N* h material received from sponsoring office:
Appropriate RES division and date assigned:
Date Division Director transmitted Division package to RCS for further RES action:
Date reviewed by RCS for adequacy:
(If inadequate, date additional material ree.elved from RES division:
Date P.CS assettled RlRB independent reytew package:
is c '
Date RIRB independent review package provided to RIRB: .f/ 3 og l Da'te of RlRB meeting:
Date last voting sheet received from RIRB members: 7 9 /2/57 crA 3
Date RCS . assembled memorandum RES to EDO: gg Date memorandum RES to EDO transmitted to Director. 3/e//67 RES, for signeture:
Date memorandum RES to EDO dispatched to C. Margo Bridgers: 3/g[g7 Date complete copy of RES review package dispatched to 0000(Attention: DEDROGR): 3[6[67 Date complete copy of RES review package dispatched to Director, sponsoring office: *
/e07 Date conplete copy of RES review package dispatched to CAG. ORM: 67
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