ML20212L292

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Submits Clarification of NRC Position on Authority to Store Greater than Class C Waste Under Provisions of 10CFR50 & 72
ML20212L292
Person / Time
Issue date: 09/27/1999
From: Brach E
NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
To: Kadak A
AMERICAN NUCLEAR SOCIETY
References
NUDOCS 9910080004
Download: ML20212L292 (2)


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f REh p u UNITED STATES g j NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. enmaa annt

- g*****/ Septensber 27, 1999

'Dr. Andrew Kadak, President - ,

Kadak Associates and President-Elect j

- American Nuclear Society 1 253 Rumstick Point Road )

Barrington, RI 02806

Dear Dr. Kadak:

In our discussions at the June 1999 American Nuclear Society Executive Conference in 1 Traverse City, MI, you raised a question regarding the authority to store Greater Than  !

Class C (GTCC) waste under Title 10, Code of Federal Regulations (10 CFR), Parts 50 and 72.

The term "GTCC" refers to waste that exceeds the concentration limits of radionuclides established for Class C waste in 10 CFR 61.55, and would not be generally acceptable for near-surface disposal as low-level waste. The purpose of this letter is to clarify the Nuclear Regulatory Commission (NRC) position on the authority to store GTCC waste under the provisions of 10 CFR Parts 50 and 72.

General Ucense Authority under 10 CFR Parts 50 and 72:

The authority to license the possession and storage of material, which when disposed of would be classified as GTCC waste, is contained within 10 CFR Part 30 for byproduct material and 10 CFR Part 70 for special nuclear material. A 10 CFR Part 30 or 70 general license is normally )

conferred as part of the 10 CFR Part 50 license. Therefore, a reactor licensee is permitted to store GTCC waste generated on its reactor site, within the exclusion area, under the authority of ,

its 10 CFR Part 50 license.

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GTCC waste can be stored at a reactor site, including the cask storage pad (s) of an I independent spent fuel storage installation (ISFSI), under a 10 CFR Part 50 license. The GTCC l I

waste must be stored in containers separate from the spent fuel storage casks and stored in a manner that meets the 10 CFR Part 20 regulations. The storage of GTCC waste must pose no safety problems for licensed activities under 10 CFR Parts 50 or 72.

Site-soecific License Authority under 10 CFR Part 72:

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The regulations in 10 CFR Part 72 do not authorize the possession or storage of GTCC waste under a site-specific 10 CFR Part 72 license. The staff is preparing, at Commission direction, a 4 proposed rule to modify 10 CFR Part 72 to allow storage of GTCC waste at an ISFSI under the authority of a site-specific 10 CFR Part 72 license.

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a 6 A. Kadak 2  ;

I trust this responds to your question and clarifies the NRC position on the storage of GTCC l waste at an independent spent fuel storage installation. If you have any further questions about l this matter, i may be reached at (301) 415-8500.  ;

Sincerely, .

ORIGINAL SIGNED BY /s/

E. William Brach, Director Spent Fuel Project Office Office of Nuclear Material Safety and Safeguards DISTRIBUTION: 1 NRC File Center SFPO r/f NMSS r/f PUBLIC. MHaisfield, IMNS l

CPostusny SGagner EEaston ELeeds PHolohan, IMNS 1 SYoung LKokajko . MWHodges PEng DCool, IMNS MKnapp JBlaha CPaperiello CRChappell NMSS Dir R/F EDO r/f File Name/ Location: G:\DO\ LEK \KADAKGTCC.WPD *See previous concurrence OFC: SFPO* C SFPO* C SFPO* C OGC* C SFPg C NMSS* 6 NAME: TJMcGinty* VTharpe* SFShankman ENJensen Ekach MVirgilio DATE: 8/11/99 8/11/99 8/13/99 9/8/99 9/M/99 9/15/99 OFC: OGC* h EDOF h NAME: JGray CPaperiello (s/Lohaus)

DATE: 9/10/99 9/21/99 OFFICIAL RECORD COPY