ML20246K515
| ML20246K515 | |
| Person / Time | |
|---|---|
| Issue date: | 11/14/1988 |
| From: | Beckjord E NRC OFFICE OF NUCLEAR REGULATORY RESEARCH (RES) |
| To: | Barker R, Wade T DEFENSE, DEPT. OF, ENERGY, DEPT. OF |
| Shared Package | |
| ML19316F918 | List: |
| References | |
| FRN-52FR47578, RULE-PR-62 AC24-2-42, NUDOCS 8905180085 | |
| Download: ML20246K515 (8) | |
Text
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NOV 1419g3 The Honorable Troy E.. Wade, II Acting Assistant Secretary of Defense Programs United States Department.of Energy 1000 Independence Aver.ue, SW Washington, D.C. 20585
Dear Sir:
Under Section 6 of the Low. Level Radioactive Waste Policy Act Amendments 'of 1985, (the Act), the Nuclear Regulatory Commission (NRC) has the authority to grant requests for " emergency access" to non-Federal or regional low-level.
waste (LLW) disposal facilities if the person requesting emergency access demonstrates that such access is necessary in order to prevent or elimin' ate a serious.'and immediate threat to the public health and safety, or the common defense and security. With this letter I.am seeking a commitment from the' Department of Energy (D0E) to participate _in the process of assessing whether a LLW generator's activities are sufficiently vital to our country's coninon defense and security to warrant emergency. access consideration by NRC on that .
basis.
Background:
The Act was passed by Congress to facilitate the expansion of needed commercial LLW disposal capacity and assigns the States the' responsibility for providing-that capacity. States are encouraged to work together and form Regional Compacts to' meet their LLW disposal ~ obligations. To assure that new disposal capacity is available in a timely fashion (by January 1,1993), the Act establishes a schedule with milestones that must be met by the' States. It also establishes a system of incentives and penalties to encourage the States to meet the milestones. The principal incentive is that by meeting the critical milestones, a State or Regional Compact without its own LLW disposal facility assures its LLW generators continued access to the three currently operating LLW disposal facilities,.at least until 1993. However, if a State or Compact fails to meet the milestones in the Act, the States'or Compacts containing the three currently operating disposal facilities can refuse to provide any further disposal access to the delinquent State or Compact and its generators.
Congress recognized that if LLW generators were denied access to disposal, under certain circumstances necessary services may have to be discontinued or the LLW could accumulate in a manner which could put the public or the national security at risk. To address this risk, Congress created the concept of
! " emergency access" which is set out in Section 6 of the Act. Section 6 designates the NRC to consider requests for emergency access where routine access has been denied. It authorizes the Agency to grant a generator emergency access to any of the three currently operating facilities if the NRC 8905180085 890505 PDR PR
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2 concludes that such action is necessary "to eliminate a serious and immediate threat to the public health and safety or the common defense and security",
because there are no other mitigating alternatives available. .The legislative history for Section 6 specifies that emergency access is to be granted only as a last resort, and that ceasing the activities that are responsible for generating the' LLW is an alternative that must be considered before a grant of emergency access should be made. It is important to note that the Act. requires fiRC to make its determination within 45 days af ter receiving a request.
In response to the Section 6 mandate, NRC has developed a rule to set out the procedures and criteria to be used by the Agency in making emergency access decisions. This rule is scteduled to be issued by the end of November,1988.
While f3RC has the expertise to make the health and safety determinations that may be required by Section 6, NRC does not have accass to the information
- regarding the strategic importance of LLW generators' activities that will be necessary to make the common defense and security determinations. !t'is in this area that I am requesting DOE's cooperation and assistance as well as that of the Department of Defense (D0D).
Arrangement Desired:
NRC would like to involve DOE and D0D directly in determining the strategic importance of a particular LLW generator's activities, as a preliminary. step to making the common defense and security. determination. The way NRC staff would like the process to work is that if a LLW generator requires emergency access to LLW disposal and feels his LLW generating activities are vital to the national security, he would present his case to the appropriate parties at DOE
-l and/or D0D to have his assertion regarding the strategic importance of his '
activities confirmed. If either agency agrees with his assessment, D0E.and/or D0D would provitie the generator with a statement of certification to that effect which would then be included as part of the emergency access request package submitted by the generator to NRC. NRC would require that the DOE i
' and/or D0D certification be included in any reouest for emergency access that would be based entirely or in significant part on a serious and immediate threat posed to the common defense and security. NRC would consider the certification in conjunction with the other information that must be submitted as part of request for emergency access in order to make the common defense and security determination. As necessary, NRC staff could consult with 000 and/or DOE staff regarding the certification.
A LLW generators' request for a " strategic importance certification" from DOE will likely require expeditious review and processing by your agency, because of the sense of urgency which is anticipated in association with requests for emergency access. NPC staff believes that predecisional discussion of the criteria DOE would use in considering a request for a strategic importance certification, and pre-designation of the DOE official who would be empowered to authorize response the certification will be necessary in order to assure the timely.
required.
F From the NRC staff perspective, a major advantage to the arrangement we have proposed is that the generators would be able to interact directly with the
parties who are most familiar with the contribution their activities mdc to it l.
NOV 14 Jggg 3-the national security, which should serve' to facilitate the certification process.
Anticipated Frequency Of DOE /000 Action:
NRC expects that the total number of requests for emergency access will be quite small. Congress intended that emergency access be requested only as a last resort under rare and unusual circumstances. 'In fact, if the States develop their disposal capacity as directed by Congress, there may never be a need for any requests. However, for purposes of projecting resource requirements, NRC has estimated that DOE or D0D may be asked to assess the-strategic importance of one LLW generator a year beginning in.1989.
Agreement to Cooperate:
It is my hope that DOE will agree to provide the support outlined above. Since milestones set out in the Act dictate that the emergency access rule be in place by January 1,1989, it is. also my hope that any such agreement with DOE and D0D can be in place by that date.
l NRC staff is flexible regarding the vehicle to be used to establish the arrangement. - While such an agreement might have to be formalized with a Memorandum of Understanding betweeen the two agencies, a letter of commitment
~
may be sufficient, given that DOE and D00 may never actually be called upon to make a " strategic importance" certification. We had originally expected to work out similar but separate agreements with DOE and D0D. However, it may .
prove to be more desirable from your perspective if.a single office is designated in either D0D or DOE to coordinate the review of any requests for a strategic importance certification.
Janet Lambert of my staff and Cheryl Orr of your staff discussed this matter and Ms. Orr indicated that your office would likely be the appropriate contact' i
point for 00E. Our request for cooperation has also been discussed with Paul l Crimm of Jill Lytle's staff. Please contact Janet at 492-3857 for additional l
information or to initiate discussions concerning the requested cooperation. J would appreciate a re ,,onse by November 23, 1988.
A similar letter is being sent concurrently to Dr. Robert Barker, Assistant to the Secretary of Defense for Atomic Energy, Department of Defense.
Thank you for your attention to this matter.
Sincerely, Eric S.-Beckjord, rector Office of Nuclear egulatory Research cc: Mr. Robert Barker, 000
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u l NOV 141383 !
1) 1 The Honorable Robert B. Barker 1 j
Assistant to the of Defense Secretary (Atomic Energy)
Department of Defense 1
RM 3E 1074 The Pentagon Washington, D.C. 20301-3050
Dear Sir:
Under'Section 6 of the Low Level Radioactive Waste Policy Act Amendments of.
1985, (the Act), the Nuclear Regulatory Commission (NpC) has the' authority to grant requests for " emergency access" to non-Federal or regional low-level waste (LLW) disposal facilities if the person requesting emergency access demonstrates that such access is necessary in order to prevent or eliminate a j serious and immediate threat to the public health and safety, or the common . g defense and security. With this letter I am seeking a commitment.from the Department of Defense (D0D) to participate in the process of assessing whether a LLW generator's activities are sufficiently vital to our country's common defense and security to warrant emergency access consideration by.NRC on that '] l i
basis,
Background:
The Act was passed by Congress to facilitate the expansion of needed commercial j LLW disposal capacity and assigns the States.the responsibility for providing I that capacity. States are encouraged to work together and form Regional j Compacts to meet their LLW disposal obligations. To assure that new disposal capacity is available in a timely fashion (by January 1, 1993), the Act establishes a schedule with milestones that must'be met by the States. It also establishes a system of incentives and penalties to encourage the States to meet the milestones. The principal incentive is that by meeting the critical milestones, a State or Regional Compact without its own LLW disposal facility assures its LLW generators continued access to the three currently operating LLW disposal facilities, at least until 1993. However, if a State or Compact fails to meet the milestones in the Act, the States or Compacts containing the l three currently operating disposal facilities can refuse' to provide any further disposal access to the delinquent State or Compact and its generators. f Congress recognized that if LLW generators were denied access to disposal, h under certain circumstances necessary services may have to be discontinued or the LLW could accumulate in a manner which could put the public or the national ;
security at risk. To address this risk, Congress. created the concept of '
" emergency access" which is set out in Section 6 of the Act. .Section 6 designates the NRC to consider requests for emergency access where routine -
NOVt 4;gg access has been denied. It authorizes the Agency to grant a generator I emergency access to any of the three currently operating facilities if the NRC concludes that such action is necessary "to eliminate a serious and immediate threat to the public health and safety or the common defense and security",
because there are no other mitigating alternatives available. The legislative history for Section 6 specifies that emergency access is to be granted only as a last resort, and that ceasing the activities that are responsible for generating the LLW is an alternative that must be considered before a grant of emergency access should be made. It is important to note that the Act requires NRC to make its determination within 45 days after receiving a request.
In response to the Section 6 mandate, NRC has developed a rule to set out the procedures and criteria to be used by the Agency in making emergency access decisions. This rule is scheduled to be issued by the end of November,1988.
While NRC has the expertise to make the health and safety determinations that may be required by Section 6, NRC does not have access to the information regarding the strategic importance of LLW generators' activities that will be necessary to make the common defense and security determinations. It is in this area that I am requesting D00's cooperation and assistance as well as that of the Department of Energy (DOE).
Arrangement Desired:
NRC would like to involve D0D and DOE directly in determining the strategic importance of a particular LLW generator's activities, as a preliminary step to making the common defense and security determination. The way NRC staff would like the process to work is that if a LLW generator requires emergency access to LLW disposal and feels his LLW generating activities are vital to the national security, he would present his case to the appropriate parties at D0D and/or DOE to have his assertion regarding the strategic importance of his activities confirmed. If either agency agrees with his assessment, 000 and/or DOE would provide the generator with a statement of certification to that effect which would then be included as part of the emergency access request
, package submitted by the generator to NRC. NRC would require that the DOE and/or D0D certification be included in any request for emergency access that would be based entirely or in significant part on a serious and immediate threat posed to the common defense and security. NRC would consider the certification in conjunction with the other information that must be submitted as part of request for emergency access in order to make the common defense and security determination. As necessary, NRC staff could consult with D0D/and or DOE staff regarding the certification.
A LLW generators' request for a " strategic importance certification" from D0D will likely require expeditious review and processing by your agency, because of the sense of urgency which is anticipated in association with requests for emergency access. NRC staff believes that predecisional discussion of the
., criteria D00 would use in considering a request for a strategic importance certification, and pre-designation of the D00 official who would be empowered to authorize the certification will be necessary in order to assure the timely response required.
From the NRC staff perspective, a major advantage to the arrangement we have proposed is that the generators would be able to interact directly with the o
- ,. +
NOV 2 4 gggg parties who are most familiar with the contribution their activities make' to the national security, which should serve to facilitate the certification process.
Anticipated Frequency Of D00/D0E Action: g NRC expects that the total number of requests for emergency access _will be '
quite small. Congress intended that emergency access be. requested only'as a last resort under rare and unusual circumstances. In fact, if the States I' develop their. disposal capacity as directed by Congress, there may never be a need for any requests. However, for purposes of projecting resource requirements, NRC has estimated that D0D or DOE may be asked to assess the q strategic importance of one LLW generator a year beginning in 1989.
Agreement to Cooperate: ,
It is my hope that D0D will agree to provide the support outlined above. Since l milestones set out in the Act dictate that the emergency access rule be in place by January 1,1989, it is also my hope that any such agreement with D0D and DOE can be in place by that date.
NRC staff is flexible regarding the vehicle to be used to establish the i arrangement. While such an agreement might have to be formalized with a Memorandum of Understanding betweeen the.two agencies, a letter of commitment may be sufficient, given that D0D and DOE may never actually be called upon to make a " strategic importance" certification. We had originally expected to work out similar but separate agreements with D00 and D0E. However, it may j prove to be more desirable from your perspective if'a single office is designated in either D0D or DOE to coordinate the review of any' requests for a strategic importance certification. '
'l L Janet Lambert of my staff and Colonel James Reid of your staff discussed this J matter and he indicated that your office would likely be the appropriate contact point for D00 (and could possibly serve the coordinating function with DOE as well.) Please contact Janet at 492-3857 for additional information or to initiate discussions concerning the requested cooperation. I would appreciate a response by November 23, 1988.
A similar letter is being sent concurrently to Mr. Troy Wade, Acting Assistant Secretary of Defense Programs, Depart 1ent of Energy. !
l Thank you for your attention to this matter.
Sincerely, I w\
Eric S. Beckjord, Director Office of Nuclear Regulatory Research cc: Mr. Troy Wade. DOE '
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. , - p. j parties who are most familiar with the contribution their activiti s; make to the national security, which should serve to facilitate the certi ication process. .
)
i Anticipated Frequency Of 000/00E Action: !
NRC expects that the total number of requests for emergen access will be j quite small. Congress intended that emergency access b requested only as a last resort under rare and unusual circumstances. In act, if the States develop their disposal capacity as directed by Congr s, there may never be a j need for any requests. However, for purposes of p jecting resource j requirements, NRC has estimated that D0D or DOE y be asked to assess the i strategic importance of one LLW generator a yea /beginning in 1989. !
Agreement to Cooperate:
It is my hope that DOF~will agree to prov e the support outlined above. Since milestones set out in the Act dictate tha)t the emergency access rule be in l
j place by January 1,1989, it is also my/ ope h that any such agreement with 000 ;
and DOE can be in place by that date / !
l NRC staff is flexible regarding t vehicle to be used to establish the i arrangement. While such an agre ment might have to be formalized with a {
Memorandum of Understanding be eeen the two agencies, a letter of commitment j may be sufficient, given tha OD and DOE may never actually be called upon to make a " strategic importanc certification. We had originally expected to work out similar but separ te agreements with D0D and D0E. However, it may prove to be more desira e from your perspective if a single office is j designated in either D or DOE to coordinate the review of any requests for a i strategic importance ratification.
l l Janet Lambert of m staff and Colonel James Reid of your staff discussed this 1 matter and he in cated that your office would likely tie the appropriate contact point f r D0D (and could possibly serve the coordinating function with DOEaswell.) Please contact Janet at 492-3857 for additional information or ,
to initiate scussions concerning the requested cooperation. I would appreciate response by November 23, 1988.
A simila letter is being sent concurrently to Mr. Troy Wade, Acting Assistant l Secreta y of Defense Programs, Department of Energy.
Thank you for your attention to this matter.
1 Eric S. Beckjord, Director i Office of Nuclear Regulatory Research cc: Mr. Trcy Wade, DOE Mal Knapp/LLWM/NMSS e
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- - .r parties who are most familiar with the contribution th ir activities make to the national security, which should serve to facilitate the certification process.
/
Anticipated Frequency Of D0D/D0E Action:
NRC expects that the total number of requests' for emergency access will be quite small. Congress intended that emergency access be requested only as a last resort under rare and unusual circumstances. In fact, if the States develop their disposal capacity as directed by Congress, there may never be a need for any requests. However, for purposes of projecting resource requirements, NRC has estimated that D0D or DOE may be asked to assess the strategic importance of one LLW generator a year beginning in 1989. ,
Agreement to Cooperate: /
It is my hope that D00 will agree /to provide the support outlined above. Since milestones set out in the Act dictate that the emergency access rule be in place by January 1,1989, it is/also my hope that any such agreement with D0D and DOE can be in place by tha,t date.
NRC staff are flexible regar ing the vehicle to be used to establish the arrangement. While such ar Memorandum of Understanding}/ betweeen the agreement two agencies, might have a letter to be formalized with a of commitment may be sufficient, given ,that D0D and DOE may never actually be called upon to make a " strategic importance" certification. We had originally expected to work out similar but separate agreements with D0D and D0E. However, it may prove to be more desirable from your perspective if a single office is designated in either ,000 or DOE to coordinate the review of any requests for a strategic importance/ certification.
Janet Lambert of my staff and Colonel James Reid of your staff discussed this matter and he indi,tated that your office would likely be the appropriate contact point for/D0D (and could possibly serve the coordinating function with DOE as well.) P. lease contact Janet at 492-3857 for additional information or to initiate disc'ussions concerning the requested cooperation. I would appreciate a r sponse by November 18, 1988.
You should bg' advised that this same letter tailored to DOE's situation is being sent c4ncurrently to Mr. Troy Wade, Acting Assistant Secretary of Defense Programs, D.epartment of Energy.
Thank you for your attention to this matter.
Eric S. Beckjord, Director Office of Nuclear Regulatory Research
]
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