ML20210C237
| ML20210C237 | |
| Person / Time | |
|---|---|
| Issue date: | 03/11/1986 |
| From: | Holloway C NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Berkow H Office of Nuclear Reactor Regulation |
| References | |
| REF-WM-83 NUDOCS 8603170153 | |
| Download: ML20210C237 (1) | |
Text
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WM DOCKET CONTROy,gg y y )ggg CENTER MEMORANDUMFg: hl B g o9d Director tan ardization and Special Projects Directorate Division of PWR Licensing-8, NRR FROM:
C. James Holloway, Jr., Acting Director License Fee Management Staff, ADM
SUBJECT:
TOPICAL REPORT REVIEW FOR CHEM-NUCLEAR SYSTEMS, INC.
On December 23, 1983, Chem-Nuclear filed Report No. CNSI-DW-11118-01-P on "CNSI Dewatering Control Process Containers Topical Report". Your office completed the review and notified Chem-Nuclear of your acceptance of it by letter dated June 11, 1985. On December 10, 1985, Chem-Nuclear was billed $5,208 for this completed review.
Recently, Mr. Poppe of Chem-Nuclear called to say that he believes that this report is exempt from fees because if they filed before Part 61 became effective (or some other date which he was not sure of at the time of his telephone call),
fees would not be charged for the review.
Enclosed are memoranda from and to John Davis (NMSS) dated June 20, 1983 and July 25, 1983, which exempt from the fee requirements of 10 CFR 170 certain topical reports filed by vendors identifying solidification processes and containers determined to conform to the " waste stability" i
requirements of Part 61.
It is requested that your office inform us as to whether the CNSI-DW-ll118-01 report by Chem-Nuclear does or does not fit the exemption provisions of the above memoranda.
Please inform us of your basis for your determination.
In addition, please let us know of other reports which you have reviewed or are reviewing that fall under these exemption provisions.
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JUL 2 51983 MEMORANDUM FOR: John G. Davis, Director, Office of Nuclear Material Safety and Safeguards FROM:
Patricia G. Norry, Director, Office of Administration
SUBJECT:
FEES FOR TOPICAL REPORTS - LOW LEVEL WASTE MANAGEMENT We have reviewed your request to waive fees for vendor topical reports which provide infomation that NRC licensees could use in their low-level radioactive waste management programs to demonstrate compliance with the requirements of Sections 61.55 and 61.56 of 10 CFR 61.
Section 170.11(b) of Part 170 of the Consnission's regulations provides that the Cocraission may upon its own intiative, grant such exemptions from fees as it determines are authorized by law and are otherwise in the public interest.
It is our conclusion that no legal obstacle exists to such a waiver and it would be in the public interest to grant it for reports filed on or before June 20,1984. This decision is based on the following information provided lT by your office:
l 1.
The waiver would encourage early submission of reports and their accep-tance would provide early availability of products and processes for NRC licensees to use in the classification and stabilizing of the low-level radioactive wastes they generate.
Early availability of such information is japortant since the new requirements for classifying and stabilizing radioactive waste will become effective December 27, 1983.
2.
The use of topical reports will provide greater efficiency in the review process since the alternative would be to require each licensee generating low-level waste to develop his own proposal and file for approval.
3.
It is believed that early availability of acceptable products and processes for waste management will provide a greater degree of consistency in how the regulatory agencies apply the new Part 61 criteria in dealing with in-dividual waste generators and waste burial sites.
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4.
The encouragecent of vendors to file early reports for classifying and pro-cessing radioactive waste is one additional step in resolving the national problem of radioactive waste disposal. By taking this lead the NRC is moving toward the development of a national standard for waste management.
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The estimated NRC cost would be $300,000-600,000 based on the HMSS estimate of an early filing of 10-20 topical reports. This cost would be a small fraction of the cost that has been invested in the development of criteria and standards for waste management.
6.
These reports more so than any other are of interest to the public.
Resolu-tion of the waste disposal problem is national in scope. These reports are also unique in that all licensees who generate low-level waste are subject to the requirements of Part 61 or comparable requirements adopted by Agreement States.
In view of the above, fees will be waived for topical reports describing methods for classification and stabilizing radioactive wastes provided such complete and f acceptable reports are filed on or before June 20, 1984.
l'/s'/ Mich'ael L. Springer Yf Patricia G. Norry, Director Office of Administration DISTRIBUTION:
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Patricia G. Norry, Director Office of Administration FROM:
John G. Davis, D' rector i
Of fice of Nuclear Material Safety and Safeguards
SUBJECT:
REQUEST FOR WAIVER FROM FEES This is a request for waiver from fees for NRC's review of vendor topical reports. The topical reports would provide information that NRC licensees could apply in their radioactive waste management programs and thus demonstrate compliance with requirements of 10 CFR Part 61,
" Licensing Requirements for Land Disposal of Radioactive Waste."
Part 61 does not require this information to be submitted to NRC; rather, we would like to encourage vendors to voluntarily submit topical reports as a method of aiding the process of assuring early availability of products for classifying and stabilizing radioactive wastes to meet the criteria of Part 61.
These criteria become effective December 27, 1983 for all NRC licensees preparing waste for shipment to and ultimate disposal by burial at shallow land burial sites.
The review of the information submitted by vendors would result in identification of solidification processes and containers determined to conform to the " waste stability" reauiremente nf P>-'
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inis information would then be used in the NRC inspection programs as a pro forma determination of compliance with the requirements; that is, determination of licensee compliance would be simplified if a licensee is using one of the " acceptable" processes or products identified from the review.
In the absence of a review of this " topical information," compliance with the requirements for stabilizing waste will require detailed review of the information'during inspections at each HRC licensee facility.
This approach requires that a large number of inspectors be trained in the testing and acceptance criteria related to the requirements for waste stability in 10 CFR Part 61.
While both the topical report review and individual reviews during inspections are manpower intensive, the topical report reviews of the information submitted'to NRC is a much more efficient method for and pkf5 oF
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The results of the topical report reviews by the NRC would also be provided to the States, as the stability (and other) requirements of 10 CFR Part 61 are matters of compatibility in the Agreement State Program.
Thus, the NRC would be providing technical assistance to and aiding the States in carrying out the intent of the Part 61 " national standard" established by the NRC.
Using a topical report review approach, NRC would be continuing to assert its position in a leadership role in dealing with the national problem of waste disposal, providirg a centralized national level of review with the opportunity for the participation of States.
This will aid in assuring consistency in requirements applied to waste disposal, lessening the possibility that states may adopt differing and confusing requirements due to a perceived absence of a nationally recognized standard.
The information from the review would also be provided to the operators of the waste burial sites. While the persons shipping waste to the site must certify to the site operator that the waste has been put in a stabilized form which meets Part 61 (and equivalent Agreement State) requirements, the results of the review should provide operators of waste burial sites an added measure of confidence that waste stability requirements have been fulfilled.
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O It is for these reasons that we request a waiver from the fee requirements for review of topical reports related to waste form and classification requirements of Part 61.
We believe for those same reasons that this waiver of fees would be in the public interest. We have discussed the legal. aspects of such a waiver with OELD and they have no-legal objections.
We recognize the precedent setting nature of such a waiver, particularly with the recent emphasis on full recovery of NRC licensing and inspection co,sts. We suggest, therefore, that such a waiver only be in effect for one year, a time frame sufficient for any vendor to prepare a topical report and to submit it for review.
This would allow NRC to continue to
-press toward resolution of the important issue of waste disposal at a time when we believe prompt action is required.
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3-The actual cost to NRC for review of the topical report should not be high.
We estinate about 10 such topical reports would require review.
Given the number of firms that presently supply or could potentially supply high integrity containers or solidification systems, the maximum number of such reports should not exceed 20.
We esti. mate the cost for NRC review would range 520-30K per report review.
We believe this cost is low given the already extensive effort of NRC over the past five years to develop Part 61.
We are prepared to meet and discuss any questions you may have in this matter. We will appreciate your prompt response to the request.
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hJ ohn G. Davis, Director Office of Nuclear Material Safety and Safeguards 4
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