ML20212B962
| ML20212B962 | |
| Person / Time | |
|---|---|
| Issue date: | 10/15/1997 |
| From: | Shirley Ann Jackson, The Chairman NRC COMMISSION (OCM) |
| To: | Thompson F SENATE |
| Shared Package | |
| ML20212B966 | List: |
| References | |
| CCS, NUDOCS 9710280322 | |
| Download: ML20212B962 (2) | |
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October 15, 1997 cHARMAN The Honorable Fred Thompson United States Senate Washington, D.C. 20510-4204
Dear Senator Thompson:
I am responding to your letter of September 9,1997, that transmitted conceme from Diversifed Scientific Sorvices, Inc. (DSSI), regarding U.S. Nuclear Regulatory Commission (NRC) regulation of special nuclear material (SNM). In particular, DSSI is concemed that the 350-gram SNM possession limit is unnecessarily restricting DSSI's business and forcing mixed waste to remain in Tennessee rather than being processed and shipped to the Envirocare disposal site in Utah.
The limit that DSGI referenced is the possession limit for uranium-235 that can be licensed by an Agreement State. An Agreement State is a State that has signed an agreement with NRC pursuant to Section 274 of the Atomic Energy Act under which NRC dist,ontinues its regulatory authority in certain areas and the State assumes that authority. Persons wanting to possess more than the limits which can be regulated by an Agreement State are required to obtain a license from NRC. Utah recently determined that Envirocare had violated its SNM possession limit, and reported this matter to the NRC. Facilities that possess larger quantitics of SNM are required to obtain an NRC license. Envirocare does not possess such a license.
Following notification by the State of Utah, NRC conducted an inspection which confirmed that Envirocare had violated NRC regulations related to the possession of SNM. Therefore, NRC issued a Confirmatory Order on June 25,1997, which required Envirocare to stop receiving SNM waste until Envirocare had reduced its SNM Inventory below the ree.!btory I
limits. Envirocare notified the NRC on July 18,1997, that it had certified that the SNM
- Inventory was below tne regulatory limits and that it would resume accepting waste containing SNM on July 24,1997. The Order also required Envirocare to submit a compliance plan for "}-)7) continued compliance with NRC regulations, which it did on July 23,1997. NRC approved the compliance plan on August 1,1997.
~ Envirocare has proposed several long term solutions which would allow possession of !arger quantities of SNM. In addition to several non-licensing approaches, such as exemption and rulemaking requests, we understand Envirocare will submit a license application to NRC in late October or early November of this year. Envirocare has reduced the SNM inventory and Nl'Vhd4 h b bbhb 9710290322 971015 PDR COMMS NRCC CORRESPONDENCE POR
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i has resumed accepting waste containing SNM. Envirocare informed NRC that, to remain in compliance wiih its possession limit, it has temporarily su. pended accepting mixed waste shipments requiring treatment from several generators, while it processes mixed waste from another source. DSSIis one of the generators affected by this temporary suspension. NRC will continue to work expeditiously with the State of Utah to resolve this matter.
I trust this letter responds to your concems, if I can be of further assistance, please contact l
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I Sincerely,
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Shiriey Ann Jackson i.
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