ML20206P156
| ML20206P156 | |
| Person / Time | |
|---|---|
| Site: | 07109218, 07109279, 07109212, 07100760 |
| Issue date: | 05/05/1999 |
| From: | Brach E NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | Mcfadden M ENERGY, DEPT. OF |
| References | |
| NUDOCS 9905180170 | |
| Download: ML20206P156 (4) | |
Text
.- ,. .
c'uxu p *, UNITED STATES
- r 2
j NUCLEAR REGULATORY COMMIS810N WASHINGTON, D.C. 3000H1001
- %...../ May 5, 1999 Michael H. McFadden Carlsbad Area Office U.S. Department of Energy P.O. Box 3090 Carlsbad, NM 8822',
SUBJECT:
CLARIFICATION OF WASTE ISOLATION PILOT PLANT COMPLIANCE WITH ATOMIC ENERGY ACT
Dear Mr. McFadden:
I am responding to your letter dated April 13,1999, regarding the Waste isolation Pilot Plant (WIPP) Biennial Environmental Compliance Report. You requested that we clarify our opinion on WIPP's compliance with applicable federal laws. Specifically, you requested that we provide an opinion on WIPP's compliance with the applicable provisions of the Atomic Energy Act that are subject to the U.S. Nuclear Regulatory Commission's (NRC) Jurisdiction.
In general, the NRC does not have regulatory authority over the Department of Energy (DOE).
The NRC regulations that apply to WIPP are the relevant sections of 10 CFR Part 71, promulgated under the authority of the Atomic Energy Act, that pertain to the certification of packages for the transpoit of radioactive material and quality assurance programs as applied to
. transportation packages.
As stet ,o ni our sette dated November 23,1998, we reviewed the relevant portions of Oi,mpter 15 of the WIPP Biennial Environmental Compliance Report, specifically Sections 15.3 (Compliance Status of the Certificate of Compliance) and 15.2.20 (NRC Quality Assurance Requirements,10 CFR 71.101-137). Based upon our records and our review of those sections of the report, NRC considers DOE to be in compliance with Section 16(a) of the WIPP Land Withdrawal Act as evaluated against applicable sections of 10 CFR Part 71, promulgated under the authority of the Atomic Energy Act.
I If you have any questions regarding this matter, we would be pleased to meet with you and I your staff.
Sincerely' l g g fj% @@" ;
A/Au L ;
E. William Brach, Director D
,;. Spent Fuel Project Office U ! U 3' Office of Nuclear Material Safety ,
and Safeguards Docket Nos.: 71 9218,71-0760 71-9279,71-9212 9905190170 990505 PDR ADOCK 07100760 C PDR i
\ _
Michml H. McFadd:n
. Carlsbad Ara Offico U.S. D:p;rtm:nt of En:rgy P.O. Box 3090 Carlsbad, NM 88221
SUBJECT:
CLARIFICATION OF WASTE ISOLATION PILOT PLANT COMPLIANCE WlYH ATOMIC ENERGY ACT
Dear Mr. McFadden:
I am responding to your letter dated April 13,1999, regarding the Waste Isolation Pilot Plant (WIPP) Biennial Environmental Compliance Report. You requested that we clarify our opinion on WIPP's compliance with applicable federal laws. Specifically, you requested that we provide an opinion on WIPP's compliance with the applicable provisions of the Atomic Energy Act that are subject to the U.S. Nuclear Regulatory Commission's (NRC) jurisdiction.
in general, the NRC does not have regulatory authority over the Department of Energy (DOE).
The NRC regulations that apply to WIPP are the relevant sections of 10 CFR Part 71, promulgated under the authority of the Atomic Energy Act, that pertain to the certification of packages for the transport of radioactive material and quality assurance programs as applied to transportation packages.
As stated in our letter dated November 23,1998, we reviewed the relevant portions of Chapter 15 of the WIPP Biennial Environmental Compliance Report, specifically Sections 15.3 (Compliance Status of the Certificate of Compliance) and 15.2.20 (NRC Ouality Assurance Requirements,10 CFR 71.101-137). Based upon our records and our review of those sections of the report, NRC considers DOE to be in compliance with Section 16(a) of the WIPP Land Withdrawal Act as evaluated against applicable sections of 10 CFR Part 71, promulgated under the authority of the Atomic Energy Act.
If you have any questions regarding this matter, we would be pleased to meet with you and your staff.
Oncerely, (0-iginal Signed by)
E. William Brach, Director Spent Fuel Project Office Office of Nuclear Material Safety and Safeguards Docket Nos.: 71-9218, 71-0760 71-9279, 71-9212 DISTRIBUTION: Docket Files 71-9218,71-0760,71-9279,71-9212 NRC File Center PUBLIC SFPO r/f NMSS r/f G:\Osgood\WIPP-AEA.LTR 'See previous concurrence JPH 5/4/99 OFC: SFPO E SFPO E SFPO E SFPO OGC NAME: *NOsgood:jh *ERZiegler *RChappell *PEng *ENJensen DATE: 5/3/99 5/3/99 5/3/99 5/3/99 5/4/99 OFC: SFPO:DD SFPS:Q NAME: *SShankrnan E1h[fhch DATE: 5/5/99 5/ h /99 OFFICIAL RECORD COPY
Mi'c h::l H. McFedden Carlsbad Arem Offics U.S. D:pirtm:nt of En:rgy P.O. Box 3090 Carlsbad, NM 88221
SUBJECT:
CLARIFICATION OF WASTE ISOLATION PILOT PLANT COMPLIANCE WITH ATOMIC ENERGY ACT ;
\
Dear Mr. McFadden:
I am responding to your letter dated April 13,1999, regarding the Waste Isolatio ilot Plant (WIPP) Biennial Environmental Compliance Report. You requested that we c ify our opinion on WIPP's compliance with applicable federal laws. Specifically, you reque ed that we provide an opinion on WIPP's compliance with the applicable provisions of the At ic Energy Act that are subject to the NRC's jurisdiction.
In general, the NRC does not have regulatory authority over the D artment of Energy (DOE).
The NRC regulations that apply to WIPP are the relevant sectio of 10 CFR Part 71, ;
promulgated under the authority of the Atomic Energy Act, th pertain to the certification of l packages for the transport of radioactive material and quali assurance programs as applied to transportation packages.
l As stated in our letter dated November 23,1998, we viewed the relevant portions of Chapter 15 of the WIPP Biennial Environmental C pliance Report, specifically Sections 15.3 (Compliance Status of the Certificate of Complia e) and 15.2.20 (Nuclear Regulatory Commission (NRC) Quality Assurance Require ents,10 CFR 71.101-137). Based upon our records and our review of those sections of t report, NRC considers DOE to be in compliance i with Section 16(a) of the WIPP Land Withd wal Act as evaluated against applicable sections 1 of 10 CFR Part 71, promulgated under th authority of the Atomic Energy Act. l If you have any questions regarding t s matter, we would be pleased to meet with you and your staff.
Sincerely, E. William Brach, Director Spent Fuel Project Office Office of Nuclear Material Safety and Safeguards Docket Nos.: 71- 18,71-0760 7 9279,71-9212 DISTRIBUTION: Docket Files 71-9218, 71-0760, 71-9279. 71 9212 NRC File Center PUBLIC SFPO r/f NMSS r/f G:\Osgood\WIPP-AEA.LTR *See previous concurrence JPH 5/4/99 OFC: *SFPO E *SFPO E *SFPO E *SFPO *OGC NAME: NOsgood:jh ERZiegler RChappell PEng ENJensen DATE: 5/3/99 5/3/99 5/3/99 5/3/99 5/4/99 OFC: SFPj6ith SFPO:D NAME: SShrhn EWBrach DATE: 5/h9 5/ /99 OFFICIAL RECORD COPY
m
)
Michael H. McFadden Carlsbad Area Office.
U.S. Department of Energy P.O. Box 3090 ]
Carlsbad, NM 88221
{
f
Dear Mr. McFadden:
I I am responding to your letter dated April 13,1999, regarding the Waste Isolation P' t Plant (WIPP) Biennial Environmental Compliance Report. You requested that we clarify our opinion on WIPP's compliance with applicable federal laws. Specifically, you requestecphat we provide an opinion on WIPP's compliance with the applicable provisions of the AtomicEnergy Act that are subject to the NRC's jurisdiction. t in general, the NRC does not have regulatory authority over the DeparJment of Energy (DOE). ;
The NRC regulations that apply to WIPP are the relevant sections of 40 CFR Part 71 that pertain j to the certification of packages for the transport of radioactive mat tal and quality assurance i programs as applied to transportation packages. I As stated in our letter dated November 23,1998, we review d the relevant portions of Chapter 15 of the WIPP Biennial Environmental Compliance Rep , specifically Sections 15.3 (Compliance Status of the Certificate of Compliance) a 15.2.20 (Nuclear Regulatory Commission (NRC) Quality Assurance Requirement 10 CFR 71.101-137). Based upon our records and our review of those sections of the rep rt, NRC considers DOE to be in compliance with Section 16(a) of the WIPP Land Withdrawal ct as evaluated against applicable sections of 10 CFR Part 71, promulgated under the autho ' of the Atomic Energy Act.
If you have any questions regarding this m er, we would be pleased to meet with you and your l staff.
Sincerely, i
E. William Brach, Director Spent Fuel Project Office Office of Nuclear Material Safety and Safeguards i
Docket Nos.: 71-92) ,71-0760 71-9279,71-9212 m Distribution: Do et Files 71-9218,71-0760,71-9279,71-9212 PUBLIC NMSS r/f S O r/f File Name/L cation (G:\Osgood\WIPP-AEA.LTR)
OFC FPO E .SFPO SFPO & SFP[ SFPO SFPO NA NL good e hr CR pell Pbg nsen SFShankman EWBrach DA E 5/3/99 5/ 3 99
/ h/3/99 9 /99 $ / 4 /99 5/ /99 5/ /99 OFFICIAL RECORD COPY
_