ML20237F462
| ML20237F462 | |
| Person / Time | |
|---|---|
| Site: | 07007005 |
| Issue date: | 08/24/2020 |
| From: | Cartwright J Waste Control Specialists |
| To: | Dapas M Office of Nuclear Material Safety and Safeguards |
| H FELSHER DUWP NMSS | |
| References | |
| T-4A12 | |
| Download: ML20237F462 (5) | |
Text
August 24, 2020 VIA EMAIL AND FEDERAL EXPRESS Mr. Marc Dapas, Director Office of Nuclear Material Safety and Safeguards U.S. Nuclear Regulatory Commission Mail Stop T-4A12 Washington, DC 20555-0001
References:
- 1) Texas Commission on Environmental Quality (TCEQ), Radioactive Material License No. R04100, Amendment 34, CN6006616890, RN101702439
- 2) NRC Issuance of New Order (Superseding a Previously Issued Order of October 20, 2009 (2009 Order))
in Response to a July 18, 2014 Request by Letter from J. Scott Kirk (WCS) to Catherine Haney (NRC),
Order dated December 3, 2014. Docket No. 70-7005; NRC-2009-0283; EA-14-104
- 3) Agreed Order between the TCEQ and WCS, TCEQ Docket No. 2015-0514-RAW-E; License R04100; dated December 9, 2015, signed December 10, 2015
- 4) Letter from Rod Baltzer (WCS) to Richard Hyde (TCEQ), re: Agreed Order Docket No. 2015-0514-RAW-E ("WCS Agreed Order") Enclosing the Plan for Disposition of LANL TRU Waste in Storage at WCS (Confidential Information), dated February 19, 2016
- 5) Letter from WCS to NRC regarding: Request for Storage Time Extension in NRC Exemption Order (ML14238A268), Order Condition 8.B.4 for WIPP-Bound LANL Waste in Storage at WCS, dated March 28, 2016 (Accession No. ML16097A265)
- 6) NRC Response to WCS Request for Possession Time Extension dated September 23, 2016 (Accession No. ML16097A265)
- 7) Letter from WCS to NRC regarding: Request to Extend Storage Timeframe in NRC Exemption Order (ML14238A268), Order Condition 8.B.4 for Transuranic LANL Waste in Storage at WCS, dated August 30, 2018 (Accession No. ML18250A289)
- 8) NRC Response to WCS Request for Possession Time Extension dated December 19, 2018 (Accession No. ML18269A318)
Dallas Office Andrews Facility Waste Control Specialists LLC Waste Control Specialists LLC 17101 Preston Road P.O. Box 1129 Dallas, TX 75240 Andrews, TX 79714 P. 682-503-0030 P. 432-525-8500 F. 214-853-5720 F. 432-203-2359
Mr. Dapas August 24, 2020 Page 2 of 4
Subject:
Docket No. 070-7005 Request to Extend Storage Timeframe in NRC Exemption Order (ML14238A268), Order Condition 8.B.4 for Transuranic LANL Waste in Storage at WCS
Dear Mr. Dapas:
Waste Control Specialists, LLC (WCS) respectfully requests an extension of the time allowed for WCS to possess Transuranic (TRU) waste containing Special Nuclear Material (SNM) that was generated at Los Alamos National Laboratory (LANL) and was destined for disposal at the Waste Isolation Pilot Plant (WIPP).
This TRU SNM-bearing waste from LANL was placed into temporary storage at WCS in 2014 and some of it was later determined by the Department of Energy (DOE) to be from the same waste stream as the waste that caused the release of radioactive materials in the WIPP underground, resulting in the closure of the WIPP Facility and temporarily stranding the waste at WCS.
The final disposition plan for this waste will not be completed before December of 2020; therefore, an extension is necessary to allow compliant storage of such waste in its safely stored configuration until a final disposition plan is approved and can be implemented. Considering that the DOE, Texas Commission on Environmental Quality (TCEQ), NRC, EPA, WCS and multiple other participants are still determining the safest methods to allow safe removal/disposition of this waste, WCS requests an additional extension for WCS to continue to store this material until December 31, 2022.
WCS was authorized to possess the LANL waste for 2 years as specified in Order Condition 8.B.4 of NRC Exemption Order (ML14238A268), dated December 3, 2014 (Reference 2) through December 23, 2016.
WCS then requested an extension to the original order for an additional 2 years, until December 23, 2018 which was authorized in the NRC extension authorization letter dated September 23, 2016 (Reference 6).
Additionally, the NRC authorized another two-year extension until December 23, 2020 in the letter dated December 19, 2019 (Reference 8).
The Texas Commission on Environmental Quality (TCEQ) incorporated the conditions of the 2014 SNM Order into License Condition (LC) 206 of Radioactive Material License (RML) No. R04100. Pursuant to LC 206.b.iv, of RML R04100, WCS is similarly limited to storage of this waste for a maximum of two years until the specified date of December 23, 2020. To harmonize the storage authorization requirements mandated by both the NRC and TCEQ, WCS is seeking this extension to December 31, 2022 of the conditions for this specific material set forth in Condition 8.B.11 of the 2014 SNM Order. Once approved by NRC, WCS will seek an additional amendment to RML No. R04100 from TCEQ, extending the storage date to the same date as authorized by the NRC.
As additional background, WCS accepted this waste in part to aid DOE-LANL in reaching milestones agreed upon by DOE with the State of New Mexico. The waste was received by WCS and placed into temporary storage. Subsequently, based on the DOE investigation of the WIPP incident, DOE informed WCS that some of the LANL TRU being temporarily stored at WCS could, under certain conditions, react and potentially result in a release of transuranic radionuclides to the environment. To safeguard human health and the environment, WCS took actions to secure that waste, including placing it inside Modular Concrete Canisters (MCCs), covering it with pea gravel and placing it in a more secure location.
Mr. Dapas August 24, 2020 Page 3 of 4 WCS and TCEQ entered into Agreed Order Docket No. 2015-0514-RAW-E (effective on December 17, 2015) to address the need for continued storage and ultimate final disposition of the LANL TRU. The DOE entered into a similar TCEQ Agreed Order. A key requirement of both the WCS Order and the DOE Order is to submit to the TCEQ Executive Director for approval a written plan and procedures for the disposition of the LANL TRU waste.
In WCS March 28, 2016 submittal (Reference 5), all exhibits, and attachments were submitted in Enclosure A and the following document remain unchanged:
Exhibit 1: The TCEQ Issued Agreed Order Docket No. 2015-0514-RAW-E, Exhibit 2: The Plan for Disposition of LANL TRU Waste in Storage at WCS, Attachment 1 List of Acronyms Attachment 2 Type 3 Waste Alternative Analysis (1 through 8)
Attachment 3 WCS Engineering Drawing of TRU Nitrated Salts Attachment 4 Documentation of Analysis Results Attachment 5 Nitrated Salt Hazard Mitigation Analysis In WCS August 30, 2018 submittal (Reference 7), all exhibits, and attachments were submitted in Enclosure A, attachment 1 and attachment 2. Attachment 1 remains unchanged and attachment 2 has been updated to 2020 and is attached to this submittal as Attachment A, 2020 Updated TRU Waste Inventory.
In July of 2019 WCS assisted the Mobile Loading Unit (MLU) in the loading of all Drums and SWBs that were stored in the Container Storage Building (CSB) that met at that time the WIPP Waste Acceptance Plan (WAP) Criteria for acceptance. Each one of these Drums and SWBs were loaded in accordance with the procedures that the MLU crew followed. WCS continues to store one SWB in the CSB that does not meet the WIPP Waste Acceptance Criteria (WAC). This one container remains secured inside of the CSB, where a weekly and monthly inventory is performed by WCS, as well as a monthly inventory performed by WIPP. In addition, WCS continues to store the 74 SWBs in the Federal Waste Facility.
In summary, the final disposition plan for the subject LANL waste in storage at WCS has not been finalized and will not be completed before December of 2020; therefore, the requested extension to December 31, 2022 is necessary to allow compliant and safe storage of the remaining Nitrated Salt Inventory until a final disposition plan is approved and can be implemented. The December 19, 2018 NRC letter that authorized the last storage extension provides a framework that may provide for efficient review of this current request.
Mr. Dapas August 24, 2020 Page 4 of 4 WCS requests that a copy of all correspondences regarding this matter be directly emailed to my attention (jcartwright@wcstexas.com) as soon as practicable after issuance. If you have any questions or need additional information, please call me at 432-525-8698.
Sincerely, Jay B. Cartwright Director of ESH&Q/RSO Enclosure cc: Electronic Copy John Tappert, NRC Harry Felsher, NRC David Carlson, WCS Jay Britten, WCS Ryan Williams, WCS Greg DiCarlo, WCS Chris Shaw, M.S. CHP, WCS WCS Regulatory Compliance
WASTE CONTROL SPECIALISTS LLC AFFIDAVIT 1, Jay B. Cartwright, Director of ESH&Q and Radiation Safety Officer at Waste Control Specialists LLC(WCS), am makingthe following representations that to the best of my knowledgeand beliefs:
- 1. The followingdocument whichWCSwishesto have withheldfrom publicdisclosure is:
a) The Attachment A, TRU Waste Inventory, supporting document of the WCS Request to Extend Storage Timeframe in the NRC Exemption Order (ML14238A268), Order Condition 8. B. 4 for Transuranic LANLWaste in Storage at wcs
- 2. The information contained in the document cited in 1 above is considered confidential information pursuant to Title 10of the Code of Federal Regulations (CFR), Part
- 2. 390(a)(4) and is thereby protected from public disclosure by regulation.
- 3. Pursuant to 10 CFR 2. 390, the information contained in the document cited in 1 above is protected from public disclosure by regulation because it includescorrespondences and reports to the NRC which contain trade secrets or commercial information pursuant to 10 CFR2. 390(a)(4).
- 4. The information contained in the document cited in 1 above has not been made availableto public sources by WCS, nor has WCSauthorizedthat it be made available.
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