ML20217D335
| ML20217D335 | |
| Person / Time | |
|---|---|
| Issue date: | 10/08/1999 |
| From: | Greeves J NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | Ortciger T ILLINOIS, STATE OF |
| Shared Package | |
| ML20217D338 | List: |
| References | |
| NUDOCS 9910150118 | |
| Download: ML20217D335 (7) | |
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4 UNITED STATES l
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NUCLEAR REGULATORY COMMISSION ii wassiNorow, o.c. 2osss-oooi j
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October 8, 1999 i
Mr. Thomas W. Ortciger, Director l
State of Illinois Department of Nuclear Safety l
1035 Outer Park Drive Springfield,IL 62704
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SUBJECT:
RESPONSE TO COMMENTS REGARDING PROPOSED COMPATIBILITY l
CHANGE TO 10 CFR 61.16(b)(2)
Dear Mr. Ortciger:
l l am responding to your letter dated September 2,1999, that transmitted comments to an all Agreement State letter (SP-99-048) issued by the U.S. Nuclear Regulatory Commission.
Specifically, our letter requested comment on a draft Federal Reaister notice regarding possible i
l-changes to the compatibility of 10 CFR 61.16 and on draft guidance for evaluating emplacement criticality safety. Your letter notes that Illinois regulations require that a low-level waste (LLW) disposal facility be designed and constructed using engineered modules that would prevent migration of waste. It suggests that the compatibility designation change should only be applied to certain disposal facilities and not to containerized LLW disposal. In addition, it cites a NUREG document that discusses post disposal criticality and states extremely long -
time periods are necessary to accumulate a critical mass even under the most conservative assumptions and states that post-disposal criticality is not viewed as a credible health and safety concern. The letter concludes that the proposeo change in compatibility designation is l
an attempt to inappropriately force Agreement States to evaluate performance of LLW disposal facilities for time periods far beyond the compliance period inferred in the regulation.
In reviewing your comments, it appears that you have misinterpreted our concern over when a criticality might occur. Your comments address post-disposal criticality. However, the draft notice addresses emplacement criticality. Post-disposal criticality is a postulated problem that
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would result from the reconcentration or migration of Special Nuclear Material (SNM) in a LLW
}f j disposal unit after the waste was originally placed in a safe configuration. That is, the SNM 1
would move from a safe configuration into a possibly critical configuration after disposal. We j 'f have addressed the post-disposal criticality issue in SECY-98-239, dated October 19,1998,
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and concluded that post-disposal criticality was unlikely and discontinued further research in this area.
The draft guidance (NUREG/CR-6626), which was the subject of the draft Federal Reaister notice, addresses criticality safety in LLW disposal at the time the waste is placed into the disposal units (i.e., emplacement criticality safety). Section 3.2 of the draft guidance states that it is assumed that SNM does not migrate in solution with infiltration water (i.e., post-disposal criticality is not considered.) The draft guidance provides a flexible graded approach for criticality safety measures at LLW disposal facilities. This includes containerized waste, uncontainerized waste, and waste packages in concrete vaults. The draft Federal Reaister 991015011e 99toog b-h-} bT b PDR STPRO ESGI
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notice provides a technical basis'for the emplacement criticality safety concern and scenarios
- that might lead to potential emplacement criticality. Because of this safety concern and the current lack of a regulatory requirement for LLW disposal facilities in Agreement States to address criticality safety of SNM waste, we are considering changing the compatibility of j
I trust this clarifies your concerns and addresses your comments. The Fede_ral Reaister notice was published on September 20,1999 (99 FR 24254) for public comment on emplacement criticality. We would be interested in any additional comments on the proposed change in compatibility designation and on the draft guidance. If you have any questions or comments,
. please contact Tim Harris of my staff at (301) 415-6613.
Sincerely, v
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John T. Greeves, Director Division of Waste Management Office of Nuclear Material Safety and Safeguards 4
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l October 8, 1999 l
T.W. Ortciger notice provides a technical basis for the emplacement criticality safety concern and scenarios that might lead to potential emplacement criticality. Because of this safety concern and the current lack of a regulatory requirement for LLW disposal facilities in Agreement States to address criticality safety of SNM waste, we are considering changing the compatibility of 10 CFR 61.16(b)(2).
t I trust this clarifies your concerns and addresses your comments. The Federal Reoister notice
]
was published on September 20,1999 (99 FR 24254) for public comment on emplacement criticality. We would be interested in any additional comments on the proposed change in j
compatibility designation and on the draft guidance, if you have any questions or comments, please contact Tim Harris of my staff at (301) 415-6613.
Sincerely, (Original signed by)
John T. Greeves, Director Division of Waste Management Office of Nuclear Material Safety and Safeguards F:r PUBLIC:
Thi3 document shoul / X/should not /_! be made available to the PUBLIC teh 9/16/99.
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Using this format will require the originator / supervisor to MARK one or the other, initial and ate.
DISTRIBUTION-Film Center DCB r/f NMSS r/f JHolonich DWM r/f Psantiago URL Lr/f
- SEE PREVIOUS CONCURRENCE DOCUMENT NAME: S:\\DWM\\DCB\\TEH\\ortciger. resp.wpd OFC DCB*
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NAME THarris/cv RNelson LCamper FCombs JG s
! ///99 DATE 9/16/99 9/20/99 9/23/99 9/27/99 10 OFFICIAL RECORD COPY ACNW: YES NO Delete file after distribution: Yes No
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l T.W. Ortciger,
notice provides a technical basis for the emplacement criticality safety concern and scenarios that might lead to potential emplacement criticality. Because of this safety concern and the cyrrent lack of a regulatory requirement for LLW disposal facilities in Agreement States to address criticality safety of SNM waste, we are considering changing the compatibility of 10 CFR 61.16(b)(2).
l trust this clarifies your concems and addresses your comments. The Federal Re r notice was published on September 20,1999 (99 FR 24254) for public comment. We uld be l
interested in any additional comments on the proposed change in compatibilit esignation and on the draft guidance. If you have any questions or comments, please con et Tim Harris of my staff at (301) 415-6613.
Sincerely,
[ Original signed by)
John T. Greeves, D' ector Division of Waste anagement Office of Nucle Material Safety and Safegu ds Ftr PUBLIC:
i Thl3 document should I X / should not / I be made av able to the PUBLIC teh 9/16/99.
Using thie. format will require the originator / supervisor to MA one or the other, initial and date.
DISTRIBUTION:
File Center DCB r/f
.iSS r/f JHolonich DWM r/f Phtigo URa.
REVIOUS CONCURRENCE lt h
- SE y9 DOCUMENT NAME: S:\\DWM\\DCB\\TEHiortci
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!RNelson NAME THarris/cv LCamper FCombs JGreeves
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DATE 9/16/99 9/20/99 9/23/99 9/27/99
/G( /99 OFFICIAL RECORD COPY ACNW: YES __ NO _.
Delete file after distribution: Yes _ No _
T.W. Ortcig:r technical basis for the emplacement criticality safety concern and scenarios that might lead to potential emplacement criticality. Because of this safety concern and the current lack of a regulatory requirement for LLW disposal facilities in Agreement States to address iticality safety of SNM waste, we are considering changing the compatibility of 10 CFR 6.16(b)(2).
I trust this clarifies your concerns and addresses your comments. The Feder Reaister notice was published on September 20,1999 (99 FR 24254) for public comment.
E would be interested in any additional comments on the proposed change in comp ility designation and on the draft guidance. If you have any questions or comments, please ontact Tim Harris of my staff at (301) 415-6613.
Sincerely,
[ Original signed by John T. Greeves irector Division of Wa e Management Office of Nu ar Material Safety and Safe ards For PUBLIC:
V Thl3 docu ould / X /
ould not L_/ be made av liable to the PUBLIC teh_,9/16/99.
Using this fo t
e originator / supervisor to M K one or the other, initial and date.
DISTRIBUTION:
Fib Center DCB r/f NMSS r/f JHolonich
- SEE SVIOUS CONCURRENCE DOCUMENT NAME: S:\\DWM\\DCB\\TEH\\ortcige. resp.wpd DCB!
OFC DCB*
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/20/99 9/M9 91 9/ /99 OFFICIAL RECORD COPY ACNW:YES NO Delete file after distribution: Yes __ No __,,
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T,W. Ortciger compatibility for Agreement States. The draft Federal Reaister notice provides a technical basis for the emplacement criticality safety concern and scenarios that might lead to potential ep1 placement criticality.
I trust this clarifies your concerns and addresses your comments. The Federal Reaister notice was published on September 20,1999 (99 FR 24254) for public comment. We would be interested in any additional comments on the proposed change in compatibility desi ation and on the draft guidance. If you have any questions or comments, please contact Ti Harris of my
)
staff at (301) 415-6613.
Sincerely,
[ Original signed by)
John T. Greeves, Directo Division of Waste Man ement Office of Nuclear Ma rial Safety j
and Safeguards Fcr PUBLIC:
Thia document should / X / should not / / be made availabl to the PUBLIC teh 9/16199.
Using this format will require the originator / supervisor to MARK on r the other, initial and date.
DISTRIBUTION:
File Center DCB r/f NMSS r/f JHolonich
- SEE PR lOUS CONCURRENCE DOCUMENT NAME: S:\\DWM\\DCB\\TEH\\ortciger.re.wpd OFC DCB*
DCB*
DCB OSP DWM NAME THarris/cv RN n
LCamper FCombs JGreeves
'DATE 9/16/99 0/99 9/ /99 9/ /99 9/ /99 OFFICIAL RECORD COPY i
l ACNW: YES NO Delete file after distribution: Yes _ No _
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[W. ortciger -
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compatibility for Agreement States.' The draft Federal Reoister notice provides a technical i
basis for the emplacement criticality safety concern and scenarios that might lead to potential emplacement criticality.
1 l trust this clarifiespur concerns and addresses your comments. The Federal Reoister n ice was published on September 20,1999 (99 FR 24254) for public comment. We would b interested in any additional comments on the proposed change in compatibility design tion and on the draft guidance, if you have any questions or comments, please contact Tim arris of my staff at (301) 415-6613.
Sincerely, (original signed by)
John T. Greeves, Director Division of Waste Manageme Office of Nuclear Material S ty and Safeguards Thl3 document should f should not /J be made available to the PUBLIC 9/ ////99.
Using this format will require the originator / supervisor to MARK one or the other, in' ial and date.
DISTRIBUTION:
Fila Canter DCB r/f NMSS r/f JHolonich DOCUMENT NAME: C:\\COMPA'ITortciger. resp.wpd OFC DCB e/
DCB
///
DCB OSP DWM i
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NAME THarris RNelson LCampfer FCombs JGreeves DATE 9N//99 9/M99 9/
9 9/ /99 9/ /99 OFFICIAL RECOR COPY ACNW: YES _ NO _
Delet file after distribution: Yes _ No _
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