ML20246K730
| ML20246K730 | |
| Person / Time | |
|---|---|
| Issue date: | 12/12/1988 |
| From: | NRC |
| To: | Cameron F NRC |
| Shared Package | |
| ML19316F918 | List: |
| References | |
| FRN-52FR47578, RULE-PR-62 AC24-2-44, NUDOCS 8905180134 | |
| Download: ML20246K730 (48) | |
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in addition,: Subpart Bealso sets forth procedures for the filing. and 1
1, distribution ~of~a request forca Commission determination.
It'provides
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4 for publishing"inLthe' Federal Register a notice of. receipt of a. request
- for emergency. access' to inform the publ.ic ' that Commission action on L the request-is pending.
Although comment. is not required by the Act or the-Administrative Procedure Act, Subpart B provides fo'r a.10-day public-commentfperiod on' the request:for emergency access.-
In the' event that the case for requesting emergency; access.is. to be based totally or: in part 'on the threat posed'. to the' common defense and '
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security, 'Subpart Byeg"im thct ; :; tate:cnt-cF eeppert fam-tMe Qeparlment of Energy-(-DOE)-oe-the "cpart: cat of Defense (COD) (e appro-i priate.) ba submitted-as peet-ef +he hitial request. ior emerg,e, ncy accessr
.j Ff-4he requestic baschntirely un scaasa def-ense-and sec0rity-concents-r-NRC-.wilJ nnt nrorand ui.th-the-emer.g ncy-access--evahat4on-unt-t4-the
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Subpart C - Issuance'of a-Commission Determination For the NRC. to grant emergency access,. the Commission must first.
conclude that there is a serious'and immediate threat to the public health and safety or the common defense and security, and second that there are no available mitigating alternatives.
Subpart'C sets out
-l the procedures to be followed by the Commission in considering requests for emergency access, for granting extensions of emergency access, and
-f or granting temporary emergency access; establishes the criteria and standards to be used by the Commission in making those determinations;.
il and specifies the procedures to be followed in issuing them.
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Subpart C provides that flRC, in determining whether there is a' l
serious and immediate threat to the public health and safety, will
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consider:
(1) the nature and extent of the radiation hazard that would result from t.he denial of access including consideration of the standards
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for radiation protection contained in 10 CFR Part 20, any. standards governing the release of radioactive materials to the general environment that are applicable to the facility that generated theplow-level waste, and any other Commission requirements specifically applicable to the i
facility or activity which is the subject of the emergency access request j
and, (2) the extent to which essential services such as medical, thera-peutic, diagnostic, or research activities will be disrupted by the I
denial of emergency access.
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I In determining whether there is, a serious and immediate threat to i
l the common defense and security, Subpart C provides that the Commission will consider whether the activity generating the LLW is necessary to protect the common defense and security and whether the lack of access to a disposal site would result in a significant disruption in that activity that would seriously threaten the common defense pod security.
Subpart C S e e Ic., tt+'
also specifies that the Commission will consider D00 and DOE viewpoints a
M.n-a_.s tatement u f a vppurt-to-4x.-f44ed i o t h thn renue5t f.or nmornnne p,
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. g-Under Subpart C, if the Commission makes either of the above deter-minations in the affirmative, then the Commission will consider whether l
alternatives to emergency access are available to the requestor.
The Commission will consider whether the person submitting the request has identified and evaluated the alternatives available which could potent-ially mitigate the need for emergency access.
The Commission will l
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activity licensed or otherwise regulated by the Commission is an abnormal occurrence within the purview of Section 208 of the Energy Reorganization l
Act of 1974.
This provision requires the Commission to keep Congress and the public informed of unscheduled incidents or events which it considers j
t significant from the standpoint of public health and safety.
Under the i
criteria established in the Commission's policy statement, an event will be considered an abnormal occurrence if it involves a major reduction in the degree of protection provided to public health and safety.
Such an event could include--
Moderate exposure to, or release of, radioactive material; a.
b.
Major degradation of safety related equipment; or Major deficiencies in design, construction, use of, or c.
l management controls for licensed facilities or activities.
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In deciding whether to grant temporary emergency access, the Commission will evaluate whether the emergency access situation falls within the criteria in the Commission's policy statement on abnormal occurrences.
(2) To the common defense and security--
t Although NRC is required by the Act to determine that there is either a serious and immediate threat "to the public health and safety,"
or to "the common defense and security," realistically NRC cannot make l
the latter judgement without some information from 00D and DOE which l
s will assist NRC in identifying those situations involving the denial of
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access to LLW disposal which constitute a serious and immediate threat II to the national defense and security, or the importance of a particular
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LLW generator's activities in maintaining those objectives.
While NRC i
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has the' Congressional mandate for this determination, the staf f believe it necessary to consider D00 and 00E information as part of the decision-making process.
NRC considered several approachesLfor involving 000 and 00E.in.the.
i process ' f determining whether requests. for emergency access should be -
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'hanted on the basis of a serious ahowIL d immediate threat to'the common Zn 4 (>wpeu defense and security. ANRC. d., &X... d that the best say to provide mid k c
such interaction}is to require' that requests filed with NRC' for emergency access d;ith : a -5r _ + e'.y,_m 4" ri;;nj.WaMrt, on the basis of
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ll a serious and immediate threat to the. common defense and security, i. M k
include appropriate certification from 00E or D00 substantiating the GudA requestor's claim that such a threat g result if emergency access is f}{dC M t$ u f fla d not granted. /lfhe necessary certification in the form of a statement of support, should be ' acquired by the requestor prioi to applying to NRC c's' tJd for emergency access so the certification ten be a part of the actual l
petition.
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Congress deliberately gave the NRC the responsibility for making the common defense and security determination rather than leaving the deter-mination with D0D or DOE.
So while the Commission intends to give the 000 and 00E certifications and recommendations full consideration in evaluating requests for emergency access, the Commission will not treat them as conclusive.
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i (b) Determination on Mitigating Alternatives.
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As directed by Section 6 of the Act, even if a situation exists
-j which poses a serious and immediate threat to the public health and a
j saf ety or the common defense and security, emergency access is not to be i
granted if alternatives are available to mftigate the threat in a manner
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S 62.4 I nterp re ta t ions.
Except as specifically authorized by the Commission in writing, no interpretation of the meaning of the regulations in this part by any of ficer or employee of the Commission other than a written interpreta-tion by the General Counsel will be considered binding on the Commission.
S 62.5 Specific exemptions.
The Commission may, upon application of any interested person or upon its own initiative, grant an exemption from the requirements of the regulations in this part that it determines is authorized by law and will not endanger life or property or the common defense and security,,and is otherwise in the public interest.
4 S 62.8 Information collection requirements:
dMBApproval.
(a) The Nuclear Regulatory Commission has submitted the informa-tion collection requirements contained in this part to the Office of Management and Budget (OMB) for approval as required by the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.').
OMB has approved the information collection requirements contained in this part unde control number 3150-0143.
j (b) The approved information collection requirements contained in this part appear in SS 62.11, 62.12, 62.13, 62.14, and 62.15.
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l Subpart B--Request for a Commission Octermination S 62.11 filing and distribution of a determination request.
(a)
The person submitting a request for a Commission determina-tion shall file a signed original an: nine' copies of the request with the r5.
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Commission at the address specified in S 62.3 of this part, with a copy also provided to the appropriate Regional Administrator at the address specified in Appendix D to Part 20 of this chapter.
The request must be signed by the person requesting the determination or the person's author-ized representative under oath or af firmation.
(b) Upon receipt of a request for a determination, the Secretary of the Commission will caus2 to be published in the Federal. Register a notice acknowledging receipt of the request which will require that public comment on the request be submitted within 10 days of the date
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of the notice. A copy of the request will be made available for inspection or copying in the Commission's Public Document Room, Washington, DC.
The Sacretary of the Commission will also transmit a copy of the request to the U.S. Department of Energy, to the Governors of the States of the Compact region where the waste'is generated, to the Governors of the States with operating non-Federal low-level radioactive waste disposal facilities, to the Compact Commissions with operating regional low-level radioactive waste disposal facilities, and to the Governors of the States in the Compact Commissions with operating disposal facilities.
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Fees applicable to a request for a Commission determination 7
under this part will be determined,in accordance with the procedures set 4
forth for special projects under category 12 of S 170.31 of this chapter.
l in the event that the allocations or limitations established in i
Section S(b) or 6(h) of the Act are met at all operating non-federal or
. regional LLW disposal facilities, the Commission may suspend the process-i' ing or acceptance of requests f or emergency access determinations until additional I LV disposal capacity is authorited by Congress.
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S 62.12 Contents of a request for emergency access:
General Information.
A request for a Commission determination under this part must include the following inf ormation for each generator to which the request applies:
(a) Name and address of the person making the request;.
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(b) Name and address of the person (s) or company (ies) generating the low-level radioactive waste for which the determination is sought;
(/) Certification that the radioactive waste for Mich emergency access is requested is low-level radioactive waste within Section 62.1(c) of this part.
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(p) The low-level waste generation facility (ies) producing the waste for which the request is being made; f~
([d) A description of the activity that generated the waste;
() Name of the disposal facility or facilities which had been receiving the waste stream of concern before.the generator was denied access;
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A description of the low-level radioactive waste for which emergency access is requested, including--
(1) The characterist.ics and composition of the waste, including, i
but not limited to--
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(/) Type of waste (e.g. solidified oil, scintillation fluid, failed i
equipment);
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(ii) Principal chemical composition; 1
(iii) Physical state (solid, liquid, gas);
(iv) lype of solidification media; and (v)
Concentrations and percentages of ar.y hazardous or toxic chemicals, chelating agents, or infectious or biological agents associated with t.he waste; i
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(2) lhe radiological' characteristics'of the waste-such as--
l (i) The classification of the waste in accordance with S 61,55; (ii) A list of the radionuclides present or potentially present in the waste, their concentration or contamination levels, and total quantity; (iii) Distribution of the radionuclides within the waste (surface or l'\\
volume distribution);
j (iv) Amount of transuranic (nanocaries/ gram);
(3) The minimum volume of the waste requiring emergency a'ccess to
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eliminate the threat to the public health and safety or the common defense and security; (4) The time duration for which emergency access is requested (not to exceed 180 days);
I (5) Type of disposal container or-packaging (55 gallon drum, box, liner, etc.); and (6) Description of the volume reduction and waste minimization techniques applied to the waste which assure that it is reduced to the maximum extent practicable, and the actual reduction in volume that occurr,ed; o
([) Basis for requesting the determination set out'in this part, I
1 including--
(1)
The circumstances that led to the denial of access to existing l
low-level radioactive waste disposal facilities; (2) A descriptica of the situation that is responsible for creat-ing the serious and immediate threat to the public health and safety or
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the common defense and security, including the date when the need for emergency access was identified;
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Section 6 of the Act be applied only in " rare emergencies," it is not expected that the regulation will be applied with any frequency.
In order to implement this final rule, it may be necessary for NRC staff to develop guidance to assist applicants in preparing their requests, and to assist NRC staf f in conducting their reviews.
lhis may represent an additional commitment of NRC resources.
Since Section 6 precludes NRC Agreement States from making emergency
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access decisions, the final action will not hav'e an impact on Agreement State resources.
4.2.3 Department of Energy (DOE)/ Department of Defense (D0D)
NRC is requiring that requests for emergency access based totally or in significant part on a serious and immediate threat to the common defense and security, MN tement of support "
D00 and/or DOE.
NRC estimates that approximately five staf f weeks or approximately 25 staff days would be
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required for each emergency access request processed by DOE or 000.
At the j
same rate as NRC, it would cost under $8,000 per certification.
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DECISION RATIONALE NHC decided on the approach in the final rule in light of the Congressional directives in Section 6 of the Act and considering the comparison of alternatives as discussed in the preceding section.
6.
IMPLEMENTATION The schedule for implementation of the rule is dictated primarily by the schedules and milestones in the Act.
Tne Act sets out three milestone dates requiring the States and Compacts to demonstrate specific progress towards the development of new LLW disposal capacity, or their LLW generators may be denied further access to existing disposal sites.
The first date for potential denial of access wac January 1,1987.
The States were able to satisfy the requirements for that milestone and none were denied access.
January 1,1989 is the next date when the three operating LLW disposal facilities can refume to accept waste from a particular State.
NRC plans to issue the tinal rule by November 1988, so it will be in place before 5
b In addition, Subpart B also sets forth procedures for the filing and distribution of a request for-a Commission determination.
It provides f,or publishing in the Federal Register a notice of receipt of a request for emergency access to inform the public that Commission action on the request is pending.
Alth'ough comment is not' required by the Act or the-Administrative P_rocedure Act, Subpart B provides for a 10-day public comment period on the request for emergency access.
In the event that the case for requesting emergency access is'tu be based totally or in part on the threat posed to the common defense and 7
security, Subparty-';ui e-Wt-a statement cf rinnet from-We Q.epeh"et of Entr;;y (00E) er -the Depart;;;ent _ Of Defen3 3 (00D) ( o opp 7;=
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l friata) he_ cubmit-ted es pact ^f the initial '^ quest iur emergency access.
if lha rannantl b :cd entirely en uu;;.;.;n defense end security ccecerns,-
NRC v411 not procaad with-the :::rgency-access-evehat4on-ent-H--the 4tatsmant-M c"nnar.t is.i.uhmit.ted Subpart C - Issuance of a Commission Determination For the NRC to grant emergency access, the Commission must first conclude that there is a serious and immediate threat to the public health and safety or the common defense and sacurity, and second that L
there are no available mitigating alternatives.
Subpart C sets out
-l the procedures to be followed by the Commission in considering' requests l
for emergency access, for granting extensions of emergency access, and for granting tempurary emergency access; establishes the criteria and standards to be used by the Commission.in making those determinations; and specifies the procedures tu be followed in issuing them.
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Subpart C provides that NRC, in determining whether there is a 1
serious and immediate threat to the public health and safety, will consider:
(1) the nature and extent of the radiation hazard that would
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result from the denial of access including consideration of the standards for radiation protection contained in 10 CFR Part 20, any standards governing the release of radioactive materials to the general environment j
that are applicable to the facility that generated the low-level waste, and any other Commission requirements specifically applicable to the facility or activity which is the subject of the emergency access request
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i and, (2) the extent to which essential services such as medical, thera-peutic, diagnostic, or research activities will bc disrupted by the 1
denial of emergency access.
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I In determining whether there is a serious and immediate threat to 1
the common defense and security, Subpart C provides that the Commission l
will consider whether the activity generating the LLW is necessary to I
l protect the common defense and security and whether the lack of access tc I
a disposal site wouId result in a significant disruption in that activity that would seriously threaten the common defense and security.
Subpart C str 6 AW also specifies that the Commission will consider D0D and DOE viewpoints 4
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'aecess-g cynualq Under Subpart C, if the Commission makes either of the above deter-minations in the affirmative, then the Commission will consider whether alternatives to emergency access are available to the requestor.
The Commission will consider whether the person submitting the request has 1
identified and evaluated the alternatives available which could potent-ially mitigate the need for emergency access.
The Commission will 13
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activity licensed or otherwise regulated by the Commission is an abnormal occurrence within the purview of Section 208 of the Energy Reorganization l
Act of 1974.
This provision requires the Commission to keep Congress and I
the public informed of unscheduled incidents or events which it considers significant from the standpoint of public health and safety.
Under the criteria established in the Commission's policy statement, aa event will be considered an abnormal occurrence if it involves a major reduction in the degree of protection provided to public health and safety.
Such an event could include--
a.
Moderate exposure to, or release of, radioactive material; b.
Major degradation of safety related equipment; or Major deficiencies in design, construction, use of, or c.
management controls for licensed facilities or activities.
In deciding whether to grant temporary emergency access, the Commission will evaluate whether the emergency access situation falls within the criteria in the Commission's policy statement on abnormal occurrences.
(2) To the common defense and security--
Although NRC is required by the Act to determine that there is either a serious and immediate threat "to the public health and safety,"
or to "the common defense and security," realistically NRC cannot make the latter judgement without some information f rom D0D and DOE which will assist NRC in identifying those situations involving the denial of gi
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access to LLW disposal which constitute a serious and immediate threat
' i to the national defense and security, or the importance of a particular
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LLW generator's activities in maintaining those objectives.
While NRC Y,,>
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has the Congressional mandate for this determination, the staff believe it necessary to consider D0D and DOE information as'part of the decision-making process.
NRC considered several approaches-for involving D0D and DOE in the process of determining whether requests for emergency access should be granted on the basis g g e ugay ediate threat to'the common defense and security. ANRC _N; &;; "X-i d that'the best way to provide urs<ad L:n.
suchinteraction}$storequirethatrequestsfiledwithNRCforemergency.
access d.:J :--
=t rM eg, e- " ci;;"jfht 72-t, on the basis of
& lus a serious and immediate threat to the common defense and security, idd A
include appropriate certification from DOE or D0D substantiating the wo<AA requestor's claim that such a threatg result if emergency access is h/fEC Pwresw'l/ tat not granted. fThe necessary certification in the form of a statement of support should be acquired by the requestor prior to applying to NRC C4Wd for emergency access so the certification aan be a part of the actual petition.
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~Y Congress deliberately gave the NRC the responsibility for making.the common defense and security determination rather than leaving the deter-mination with 00D or DOE.
So while the Commission intends to give the 00D and DOE certifications and recommendations full consideration in evaluating requests for emergency access, the Commission will not treat them a; conclusive.
(b) Determination on Mitigating Alternatives.
As directed by Section 6 of the Act, even if a situation exists which poses a serious and immediate threat to the public health and safety or the common defense and security, emergency access is not to be granted if alternatives are available to mitigate the threat in a manner 21
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S 62.4 Interpretations.
Except'as specifically authorized by the Commission in writing, no
. interpretation of the meaning of..the regulations in this part by any officer o'r ' employee of.the Commission other than a written interpreta-tion by.the General Counsel will be considered bin' ding'on the Commissi.on.
S 62.5 Specific exemptions.
The Commission may,;upon application of any interested person or upon its own initiative, grant an exemption from the requirements of the-regulations in this part that it determines is authorized by law and will not endanger life or property or.the common defense and security and is otherwise in the public interest.
-S 62.8 Information collection requirements:
0MB Approval.
(a) The Nuclear Regulatory Commission has submitted' the informa-tion collection requirements contained in this part to the Office of Management and Budget (OMB) for approval as required by the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.-).
OMB has approved the information collection requirement: contained in this part under control number 3150-0143.
(b) The. approved information collection requirements contained in this part appear in SS 62.11, 62.12, 62.13, 62.14, and 62.15.
Subpart B--Request for a Commission Determination S 62.11 Filing and distribution of a determination request.
(a) The person submitting a request for a Commission determina-
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tion shall file a signed original and nine copies of the request with the 50 9
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Commission at the address specified in S 62.3 of this part, with'a copy also provided to the appropriate Regional Administrator at the address i
1 specified in Appendix D to Part 20 of this chapter.
The request must be signed by the person requesting the determination or the person's author-ized representative under oath or affirmation.
(b) Upon receipt of a request for a determination, the Secretary of the Commission will cause to be published in the Federal Register a
{
notice acknowledging receipt of the request which will require that i
i public comment on the request be submitted within 10 days of the date of the notice.
A copy of the request will be made available for inspection or copying in the Commission's Public Document Room, Washington, DC.
The Secretary of the Commission will also transmit a copy of the request to the U.S. Department of Energy, to the Governors of l
l the States of the Compact region where the waste is generated, to the l
Governors of the States with operating non-Federal low-level radioactive waste disposal facilities, to the Compact Commissions with operating i
regional low-level radioactive waste di.sposal facilities, and to the Governors of the States in the Compact Commissions with operating disposal facilities.
(
Fees applicable to a request for a Commission determination under this part will be determined in accordance with the procedures set forth for special projects under category 12 of S 170.31 of this chapter.
% In the event that the allocations or limitations established in Section 5(b) or 6(h) of the Act are met at all operating non-Federal or regional LLW disposal facilities, the Commission may suspend the process-ing or acceptance of requests for emergency access determinations until additional LLW disposal capacity is authorizcd by Congress.
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S 62.12 Contents of a request for emergency access:
General Information.
1 A request for a' Commission determination under this part must inclu'de
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the following information for each generator to which the request applies:
j (a) Name and address of the person making the request;
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(b) Name and address of the person (s) or company (ies) generating the low-level radioactive waste for which the determination is sought;
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Certification that the radioactive waste for which emergency access is requested is low-level radioactive waste within Section 62.1(c) of this part.
2.-
(p) The low-level waste generation facility (ies) producing the waste for which the request is being made; A description of the activity'that generated the waste; Name of the disposal facility or facilities which had been receiving the waste stream of concern before the generator was denied access
(
A description of the low-level radioactive waste for which emergency access is requested, including--
(1) The characteristics and composition of the waste, including, but not limited to--
Type of waste (e.g. solidified oil scintillation fluid, failed.
equipment);
(ii) Principal chemical composition; (iii) Physical state (solid, liquid, gas);
J (iv) Type of solidification media; and (v) Concentrations and percentages of any hazardous or toxic l
chemicals, chelating agents, or infectious or biological agents associated with the waste; I
52 i
.i
c (2) The radiological characteristics of the waste such as---
(i) The classification of the waste'in accordance with S 61.55; (ii). A list of the radionuclides present or potentially present in:
the waste, their' concentration or contamination levels,~and total-quantity; (iii) Distribution of the radionuclides'within the waste (surface or volume distribution);
(iv) Amount of transuranic (nanocuries/ gram);
l l
(3) The-minimum volume of the waste requiring emergency ~ access to eliminate the threat to the public health and safety or the common-defense and security; (4) The time duration for which emergency access is requested (not L
to exceed 180 days);
l (5) Type of disposal container or packaging (55 gallon drum, box, l
)
liner, etc.); and (6) Description of the volume reduction and waste minimization i
techniques applied to the waste which assure that it is reduced to the maximum extent practicable, and the actual reduction in volume that occurr,ed; (d) Basis for requesting the determination set out in this part, including--
(1) The circumstances that led to the denial of access to existing low-level radioactive waste disposal facilities; (2) A description of the situation that is responsible for creat-ing the serious and immediate threat to the public health and safety or the common defense and security, including the date when the need for emergency access was identified; 53
-d 4
(3) A chronology and description of the actions taken by the person-requesting emergency access to prevent the need for making-such a request, including consideration of all alternatives set forth in S 62.13 of this part, and_any supporting documentation as appropriate; (4) An explanation of the impacts of the' waste on the public health and safety or the common. defense and security if emergency access'is'not granted, and the. basis for concluding that these impacts constitute.a serious and immediate threat' to the public health and safety or the common defense and security.
The impacts to the public health'and' safety or the common defense and security.should also be addressed if the generator's services, including research activities, were to be curtailed, either for a limited period of time or indefinitely; (5) Other consequences if emergency access is not granted;
) Steps taken by the person requesting emergency access to correct the situation requiring emergency access and the person's plans to eliminate the need for additional or future emergency access requests; b
Documentation certifying that access has been denied;.
i (k) Documentation that the waste for which emergency access is requested could not otherwise qualify for disposal pursuant to the' Unusual Volumes provision [Section 5(c)(5) of the Act] or is not simul-taneously under consideration by the Department of Energy (DOE) for access through the Unusual Volumes-allocation;
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d nd immediate threa to the common def cu-l ' p f
ri(y, a Statement of Support from 00 or D0D certifyin that acc s to i
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p disposal is nec,e/ssary to mitigate he threat to the ommon defe se and security; 54 1
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.P (m) Date by which access is required; (n) Any other information which the Commission should consider in making its determination.
S 62.13 Contents of a request for emergency access:
Alternatives.
(a) A request for emergency access under this part must include information on alternatives to emergency access.
The request shall include a discussion of the consideration given to any alternatives, including, but not limited to, the following:
(1) Storage of low-level radioactive waste at the site of generation; (2) Storage of low-level radioactive waste in a licensed storage facility; i
(3) Obtaining access to a disposal facility by voluntary agreement; (4) Purchasing disposal capacity available for assignment pursuant to the Act; (5) Requesting disposal at a Federal low-level radioactive waste disposal facility in the case of a Federal or defense related generator of LLW; (6) Reducing the volume of the waste; (7) Ceasing activities that generate low-level radioactive waste; and (8) Other alternatives identified under paragraph (b) of this section.
(b) The request must identify all of the alternatives to emergency access considered, including any that would require State or Compact action, or any others that are not specified in paragraph (a) of this sec-tion.
The request should also include a description of the process used 55 t
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(ii) Any standards governing the release of radioactive materials to
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the general environment that are applicable to the facility that gener-l ated the low level waste; and (iii) Any other Commission requirements specifically applicable to 1
the facility or activity that is the subject of the emergency access l
request; and (2) The extent to which essential services affecting the public l
health and safety (such as medical, therapeutic, diagnostic, or research activities) will be disrupted by the denial of emergency access.
i (c) For purposes of granting temporary emergency access under S 62.23 of this part, the Commission will consider the criteria contained j
l in the Commission's Policy Statement (45 FR 10950, February 24, 1977) for
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I determining whether an event at a facility or activity licensed or j
otherwise regulated by the Commission is an abnormal occurrence within i
i the purview of Section 208 of the Energy Reorganization Act of 1974.
j l
(d) In making the determination that a serious and immediate threat l
to the common defense and security exists, the Commission will consider, notwithstanding the availability of any alternative identified in S 62.13 of this part (1) whether the activity generating the wastes is necessary l
to the protection of the common defense and security, and (2) whether the lack of access to a disposal site would result in a significant disruption in that activity that would seriously threaten the common defense and security.
The Commission will consider the views of the Department of Defense (D00) and the Department of Energy (DOE) in.Abe
-Statc;cnt-of Suppet4-a 9 mit ted by the percen-sequatting emer-gancy h
escess in evaluating requests based all, or in part, on a serious and immediate threat to the common defense and security.
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4r. Eric S. Beckjord, Director 4
Office of Nuclear Regulatory Research l
3.S. Nuc1 car. Regulatory Commission Nashington, D.C.
20555
Dear Mr. Beckjord:
We understand that the Low Level Radioactive Waste Policy 1
A.mendments Act of 1985 grants the Nuclear Regulatory Commission (NRC) the authority ~to grant requests for " emergency access" to non-Federal or regional low-Icvel waste (LLW) disposal Encilities (42 USC Sect 2021f).
Generators of LLN seeking such access, however, will be required to demonstrate that the I
access is required in order to eliminate ar_ "immediate and I
serious threat to the public health and safety or the common Jefense and security," absent any other mitigating alternative (including suspension of the generator's activities).
The NRC nust respond to the request within. 45 calerdar days.
In your letter of November 14, 1988 you have requested DoD (and DOE).
cooperation and assistance in establishing a strategic i.mportance determination in such instances.
1 In response to your request, I am suggesting that the Assistant..to the Secretary of Defense (Atomic Energy) serve as the single point of contact within DoD and 00E for providing i
assistnce in this matter.
Following a writ ten request from the NRC, this office will consult with DOE and coordinate a response to the NRC, advising your agency of the impact to the l
common defense and security of a particular LLW generator's activities.
Our point of contact at the DOE for this purpose will be the Assistant Secretary for Defense Programs.
We are i
fully aware of the time constraints under which the NRC is dealing and will expedite the coordination process associated with the strategic importance review.
In tlis respect, an advance copy of relevant mhterial, either from NRC or from the aperator, would facilitate our response.
It is important to emphasize that our communication in these matters wi31 be with the NRC itself, and not with MAFT a,wu i
DRAFT 2
individual LLW generators.
No Memorandum of Understanding will be' required between our two agencies to formalize this arrangement.
Further, our response would be'in the form of a.
Letter or memorandum providing our assessment.
We do not believe a certification f rom a Federal agency is appropriate.
At your car 3iest convenience, we can d.iscuss a proposed set of criteria the DoD/ DOE would employ in reviewing the strategic importance of LLW generator activities.
Sincerely, Robert B. Barker cc:
Mr. Hugh L. Thompson, Jr.,
Director l
GCfice of Nuclear Material Safety and Safeguards U.S. Nuclear Regulatory Commission Rail Stop 6A4 rashington, D.C.
20555 Mr. Troy E. Wade, II Acting Assistant Secretary for Defense Programs (DP-1)
Separtment of Energy Washington, D.C.
20585 1
Donorable Kathleen A.
Buck General Counsel 4"
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'D of's D agt-9 sprn e 12/14/83 15:33 USDOE GERMANTOWN
-tC-027 C
Eric S. Bockjord, Director Office of Nuclear Regulatory Research U.S. Nuclear Regulatory Ctamission Washington., D.C.
20555
Dear Hr. Beckjord:
We understand that the Nuclear Regula. tory Commission's (NRC) authority under Section 6 of the 1.ow-l.evel Radioactive Waste Policy Act At:endtsents of 19851r to grant requests for emergency access to non-Federal low level waste disposal facilities if the person requesting such access demonstrates that it is necessary to prevent or eliminate a threat to the public health and safety or to the common defense and securit.
In response to your November 14. 1988 letter, the Department of Energy 005) commits to participate.with the Department of Defense (000) in the process of assessing whether a generator's activities are vital to our country's common defense and. security to warrant such emergency access.
We have discussed this with staff in the Office of the Assistant to the Secretary for Defense for Atomic Energy, and agree with your recommendation that a singic point of contact be designated to coordinate the review of these requests.
In summary, 000 will be the single point of contact for the NRC in making such detitrminations with DOE in technical support.
Dr. Barker's staff will contact you dir,1ctly on this matter.
Sincerely, d#
Troy E. Wade II Acting Assistant Secretary for Defense Programs cc:
Dr. R. Barker bec:
R. Juzaitis. 000 Col. James Reid 000 t
N/R: On November 30, 1988 E. A. Jordan. DP-122, discussed this with Col. Reid and Ray Juzaitis of Dr. Barker's staff.
We decided that a single point of contact was advantageous, since the NRC letter sought an MOU or comitment letter, criteria by which 000/00E would make its; decision, and predesignation of certifying officials. D00 agreed to be the single point of contact and will ask for 00E/0P technical assistance on radioactive waste management and/or the security issues.
asking for OP's cooperation in this matter.A letter will be forthcoming from D00 E. A. Jordan also discussed this with K. Morris. OP-10.
R. Juzeitis, 00D saw this ',etter in draf t and has no probler.
D0D will request 00E cooperation by letter once their letter is transmitted to NRC.
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BACKGROUND SHEET FOR ACTION ON FINAL RULE FOR 10 CFR PART 62
" CRITERIA AND PROCEDURES FOR EMERGENCY ACCESS-TO NON-FEDERAL AND. REGIONAL LOW-LEVEL RADI0 ACTIVE WASTE DISPOSAL FACILITIES" ACTION REQUESTED:
Commission staff approval of "relatively minor" changes which are being proposed for the final rule prior to publication.
BACKGROUND:
l The final rule was affirmed by the Comission on November 23, 1988.
The Commission affirmed knowing that staff was negotiating in parallel with D0D and DOE in order to obtain their assistance in implementing the common defense and security provisions of the rule.
Subsequent to the Commission's affirmation, D0D (the office of the Assistant Secretary of Defense for Atomic Energy) and DOE (the office i
of the Assistant Secretary for Defense Programs) indicated there was j
a problem with the arrangement for the D0D and or DOE interaction as set out in the rule.
In the version of the rule approved by the Conanission, generators of LLW intending to request emergency access from the NRC based on a serious and immediate threat to the common defense and security are required to go directly to D0D and or DOE i
for certification that the activities responsible for generating the LLW are of vital importance to the national security. The certification would then be included in the package requesting emergency access from NRC. While D0D and DOE have agreed to provide the desired assistance and information, they have specified that they I
I will respond only to direct communications.from NRC rather than from the LWW generators. (See the draft letters of agreement from D0D and DOE
- Enclosures 2 and 3). Conversations with the staffs of the contact offices of both agencies have indicated strong feelings regarding i
this point and resolution is critical to establishing the necessary l
implementation agreement.
The enclosed changes to the rule (Enclosure 1) are being proposed in order to accommodate the D0D and DOE concern. The proposed changes have been coordinated with NMSS, OGC and RES staffs. They are considered to be "relatively minor" since the requirements of the rule remain the same and the overall effect is merely to change the point of contact for D0D's and or DOE's entre into the process established by the rule.
CURRENT SCHEDULE:
The rule was due to be published by the end of 1988. An extension was requested to resolve this issue and the final rule package is currently due to Rules and Records on January 6,1989.
CONTACT: Janet Lambert X23857 I
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In addition, Subpart D also sets forth procedures for the filing and distribution of a request for a Commission determination.
It provides for publishing in the federal Register a not. ice of receipt. of a request for emergency access to inform t.he public that Commission action on' the request is pending. Although comment is not, required by the Act or the Administrative Procedure Act, Subpart B provides for a 10-day public comment period on t.he request for emergency access.
In the event thct the case for hequest.ing emergency l access is to be based totally or in part on th threat posed to the comrEon defense and
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security, Subpart Bjeequmes q. c :tatencnt ef support. f-rM$e '
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af-. Energy-(DOE 3-oc-the-Department of Defense -f000) (e appro-printo) he submRted-es part nf tha f aitial requen sur etherg,enty access---
if41e._rerguoc t -is based-entirely en 66mman-defense-end acch Ity-conc %
NRC-.uill_.not procond uith-the-eme,,
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e st.atementa r ennnnet is submit tnd c
request, NRC will consult with the Depa[rtment of Energy (DGE) specifie that upon civing such a j
Department of Defense (D0D) to ascertain the importance to the comon defense q
and security of the activities producing the LLW for which emergency access is requested. ? ;taicmeni-Trc; cither egency Eupnn-+4nn thn stu nonoratnr's-l e W egardinn the imnartanen af ' t activitics to th; cc ~ n dofense end ece ity ""' bc required S cide. iur nRC tu ma k en :##4"mativo enrinne 4; Zdiuie Un eai iv. ihe common cetense ano securiiy Jdeminntinn ]
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Subpart C - Issuance of a Commission Determination i
for the NRC to grant emergency access, the Commission must first conclude that there is a serious and immediate threat to the public l
I health and safety or the common defense and security, and second that i
there are no available aitigating alternatives. Subpart C sets out the procedures to be followed by t.he Commission in considering. requests for emergency access, for granting extensions of emergency access, and i
-for granting temporary emergency access; establishes the criteria and e
standards to be used by the Commission in making those determinations; L'
and specifies the procedures to be followed in issuing them.
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Subpart C provides that imC. in determining whether there is a serious and immediate threat to the public health and safety, will' consider:
(1) the nature and extent of the radiation hazard that would result from the denial of access including consideration of the. standards for radiation protection contained in 10 CFR Part 20, any standards governing the release of radioactive materials to the general environment that are applicabic to the facility that generated the7]ow-level waste, and any other Commission requirements specifically applicable to the facility or activity which is the subject of the emergency access request and, (2) the extent to which essential services such as medical, thera-peutic, diagnostic, or research activities will be disrupted by the denial of emergency access.
In determining whether there is a serious and immediate threat to the common defense and security, Subpart C provides that the Commission
~
will consider whether the activity generating. the LUI is necessary to protect the common defense and security and whether the lack of access to a disposal site would result in a significant disruption in that activity that would seriously threaten the common defense nd security. Subpart C SA2lba also specifies that the Commission will consider 00D and DOE viewpoints g
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n the importance,of the activi, ties respons,ible for generating, ww.
the LLW to the common defense and se' cur'ity.
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Under Subpart C, if the Commission makes either of the above deter-minations in the affirmative, then the Commission will consider whether alternatives to emergency access are available to the requestor.
The Commission will consider whether the person submitting the request has
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identilied and evaluated the alternatives availabic which could potent-ially mitigate the need for emergency acceis.
The Commission will-13 C ____
.,.R 4
activity licensed or otherwise regulated by the Commission is an abnormal occurrence within the purview of Section 208 of the Energy Reorganization Act of 1974.
This provision requires the Commission to keep Congress and the public informed of unscheduled incidents or events which it considers significant from the standpoint of public health and safety.
Under the criteria established in the Commission's policy statement, an event will be considered an abnormal occurrence 'if it involves a major reduct. ion in the degree of protection provided to public health and safety.
Such an event could include--
Moderate exposure to, or release of, radioactive material; a.
b.
Major degradation of safety related equipment; or Major deficiencies in design, construction, use of c.
e or 4
I management controls for licensed facilit.ies or activities.
In deciding whether to grant temporary emefgency access, the Commission will evaluate whether the emergency access situation falls within the criteria in the Commission's policy statement on abnormal l
occurrences.
(2) To the common defense and security--
Although NRC is required by the Act to determine that there is i
cither a serious and immediate threat "to the public health and safety,"
or to "the common defense and security," realistically NRC cannot make i
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th6 latter judgement without some information from D00 and DOE which 1
will assist NRC in identifying those situations involving the den'ial of Y"N access to LLW disposal which constitute a serious and immediate threat
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, )> i to the natior,al defense and security, or the importance of a particular
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LtW generator's activities in maintaining those objectives.
y While NRC
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dified procedure.in the final rule.
i us and to include asf&gh p44 request for emergency access is based in whole or in part on a se immediate th DOE statement of support for that cla 00E directly to include a D0 Rather, NRC will consult with 00esponsib e for generating the LLW submitted to RC.
ascertain the importance of the activitie DOE will have,to pport the D0 to the common defense and security.
ivities importance of "
generator's claim regarding the strategifor NRC to determine,thf eme d
to protect the common defer (se and security.
Y, g$o %'55On 5foff *" Negotiations with D00 and DOE regarding this proce
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parallel with the development of the final rule.
d DOE reconrnendations on the importance of the requesto D00 and DOE comon defense and security is expected ?y tS c.2 of 1000.
staffs are aware of the 45 day reponse time imposed on NRC to make the emergenc access determinations and the agreement vill provide for expeditious action y a m pusiss.
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'has the Congressional mendhte for this determination, the staff believe it necessary to consider D00 and DOE information;as.part of the decision-
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making process.
NRC considered several approaches for involving.DOD and DOE. in the i
process of determining whether requests for emergency' access should be-gIanted on the. basis of a ser
.s and immediate threat to the connon 2n e4e />UpeMhu Le-defense and security. ANRC 6 :
O N:; ".i d that th'e best way to provide mLd k such interactiorf)h to require that requests filed with HRC for emergency.
access wMen:wc...se enus.e4.y, c r 4"
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rig ;pe % on the basis of M /v2ve%.
a serious and immediate threat to the common defense and security, Mnid-a include appropriate certification from DOE or D00-substantiating the lawSA requestor's claim that such a threatpiM result if emergenci access is I
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not granted. '/lfhe necessary certification in the form of' a statement of support should be acquired by the requestor prih to applying to NRC
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C4* uld for emergency access so the certi+icat% aan be a part of the actual petition.
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Congress deliberately gave the NRC the responsibility for mating the common defense and security determination rather than leaving the deter-mination with 000 or 00E.
So while the Commission intends to give the
~w 000 and DOE ce i"' ties and recommendations full consideration in evaluating requests for emergency access, the Commission will not treat them as conclusive.
(b) Determination on Mitigating Alternatives. '.
1 As directed by Section 6 of the Act, even if a situation exists -
l which poses a serious and immediate threat to the public health and i
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safety or the common defense and seceity, emergency access is not to be granted if alternatives are available to dtigate the threat in a manner
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Commission at. the address specified in S 62.3 of this part, with a copy yh also provided to the ' appropriate Regional Administrator at, the address
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specified in Appendix 0 t.o part 20 of this chapter.. The request mus t. 'be -- '
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signed by the person requesting the determination or the person's.aut. hor-1
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ized represent.ative under ' oath or affirmation.
(b) Upon receipt of a request. for a determination, the Secretary of -
the Commission will cause to be published in the Federal. Register a not. ice acknowledging. receipt. of the request which will require that E
public comment on the request be submitted within 10 days. of the' date' of the notice. A copy of the request will be made available' forl inspection or copying in the Commission's Public Document Room, Washington, DC.
The Secretary of the Commission will also -transmit a -
copy of the request to the U.S. Department of Energy, h the Governors of.
f the States of the Compact. region where the wast ['is generated, to the Governors of the States with operat.ing non-Federal low-level radioact.ive waste disposal facilities, to the Compact Commissions with operating regional low-level radioactive waste disposal facilities, and to the Governors of t.he States in the Co:np'act Commissions with operating disposal facilities.
F, 7 _ (c) Upon receipt of. a request for a determination based on a ' serious and immedia threat to the comon defense and security, the Commission will notify D0 DOE and provide a copy of the request as needed for their.
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_ considera
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fees applicable to a request for a Commission determination
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under this part will be determined jn accordance with the procedures set forth for special projects under category 12 of 5170.31 of this chapter, k
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% in the event that the allocations or limitations established in Section 5(b) or 6(h) of the Act are met at all operating non-Federal' or I
regional LLW disposal facilities, the Commission may suspend the process-ing or acceptance of requests for emergency access determinations until addit ional ltW disposal capacity is authori7ed by Congress.
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-5 62.12 Contents of' a request for emergency access: General Information.
s-A request for 'a Commission. determination under this part must include the following information for each generator L'o which the request applies:
(a)K Hame and address of the person making the request;.
(b) Name and address of the person (s) or company (ies) generating the gw-level radioactive waste for which the determination is sought;
,_ {c)-- A statement indicating whether the generator is basbg the request on the grounds of a serious and'immediate threat to the,public health' and safety or the comon' defense and security.
(/
Certification that the radioactive waste for, which emergency access.is requested is low-level radioactive waste within Section 62.l(c) of this part.
Q-(p) The low-level waste generation facility (ics) producing the waste for which the request is being made;
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(,'d)
A description of the activity that generated the waste;
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Name of the disposal fac lity or facilitiesNhich had been receiving the waste stream of concern before the generator w:As denied access;
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A description of the low-leve? radioactive waste for which emergency access is requested, including--
(1) The characteristics and composition of the waste, including, i
but not limited to--
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(% Type of vaste (e.g. solidified oil, scintillation fluid, failed equipinent);
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(ii) Principal chemical composition; i
(iii) Physical state (solid, liquid, gas);
(iv) kype of solidification media; and I
(v) Concentrations and percentages of any hazardous or toxic f.
chemicals, chelating agents, or infectious or biological agents associate'd with tht' waste, l
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y (2) The radiological' characteristics of the waste such as--
(i) The classification of the waste in accordance with 5 61.55; 4
l (ii) A list cf the radionuclides present'or potentially present in the waste, their concentration or contamination icvels, and' total
, quantity; (iii). Distribution of the radionuclides within the waste-(surface' or i
o volume distribution);
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O (iv). Amount'of transuranic (nanocuries/ gram);
l (3) The minimum volume of the waste requiring emergency a'ccess to.
t climinate the threat to the public health and safety or the common defense and security; (4)
The time duration for which emergency access js requested (not-4 I
to exceed 180 days);
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(5)
Type of disposal container or packaging (55 gallon drum, bov, liner, etc.); and (6) Description of the volume reduction and waste minimization i
i techniques applied to the waste which assure that it is reduced to the i
maximum extent practicable, and the actual reduction in volume th'at I
occurr,ed; j
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(jd) Basis for requesting the determination set out in this part, l
i including--
j' (1)
The circumstances that led to the denial of access to existing l'
low-level radioactive waste disposal facilities; il B
(2)
A description of the situation that is responsible for creat :
s ing the serious and immediate threat to the public health and safety or the common defense and security, including the date when the need for
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emergency access was identified; 52 E _
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,; n (3) A chronology and description of the actions taken by the person requesting emergency access to prevent the need for making such a request, including consideration of all alternatives set forth in S 62.13 of this part, and any supporting documentation as appropriate; (4) An explanation of the impacts of the waste on the public health l
and safety or the common defense and security if emergency access is not granted, and the basis for concluding that these impacts constitute a serious and immediate threat to the public health and s#fety or the conunon defense and security.
The impacts to the public health and safety or the common defense and security should also be addressed if the generator's services, including research. activities, were to be curtailed, either for a limited period of time or indefinitely; Other consequences if eme gency access is not' granted;
([) Steps taken by the person requesting emergency access to correct the situation requiring emergency access and the person's plans to eliminate the need for additiorial or future emergency access requests;
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Documentation certifying that access has been denied; l
k Documentation that the waste for which emergency access.is
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requested could not otherwise qualify for disposal pursuant to the I
I Unusual Volumes provision [Section 5(c)(S) of the Act] or is not simul-taneously under consideration by the Department of Energy (DOE) for j
access through the Unusual Volumes allocation;
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(m) Date by which access is ' required;.
.(n). Any other information which the Commission should consider. Ini making its determination.
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S 62.13 Contents of a request for emergency access:~ Alternatives.
(a) A request fo.' emergency. access.under this part must include l
information on alternat ves to emergency access.
The request shall i
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include a discussion of t.he consideration given to any alternatives -
including, but not limited to, the.following:
(1) Storage of low-level radioactive waste ~ at the site of
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generation; (2) Storage of low-level radioactive waste in a. licensed storage facility; (3) Obtaining access to a disposal facility by voluntary agreement; (4) Purchasing disposal capacity available for assignment pursuant to the Act; (5) Requesting disposal at a Federal low-level radioactive w' ste a
disposal facility in the case of a federal or defense related generator of LLW; (6) Reducing the vnlume of the waste; (7) Ceasing activities that generate low-level radioactive waste; and w
'n.
(8)
Other alternatives identified under paragraph (b) of this section, i
(b)
The request must identify all of the alternatives to emergency access considered, including any that uould require State or Compact act. ion, or any others that are not specified in paragraph (a) of this sec tion.
The request should also include a description of the process used i-
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Any standards governing the release of radioactive materials to 1
the general environment that are applicable to the facility that gener-ated the low level waste; and I
(iii) Any other Commission requirements specifically applicable to the facility or activity that is the subject of the emergency access request; and (2) The extent to which essential services af fecting the public health and safety (such as medical, therapeutic, diagnostic, or research I
activities) will be disrupted by the denial of emergency access.
t (c) for purposes of granting temporary emergency access under S 62.23 of this.part, the Commission will consider the criteria contained in the Cammission's Policy Statement (45 FR 10950, February. 2.4, 1977) for 1
determining whether an event at a f acility or activity licensed or
.h.
otherwise regulated by the Commission is an abnormal occurrence within the purview of Section 208 of the Energy Reorganization Act of 1974.
i (d)
In making the determination that a serious and immediate threat to the conann defense and se'curity exist s, the Commission will consider
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notwithstanding the availability of any alternative identified in,S 62.13
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of this part (1) whether the activity generating the wastes is necessary i
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to the protection of the common defense and security, and (2) whether I
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the lack of access to a disposal site would result in a significant disruption in that activity that would seriously threaten the common defense and security. The Commission will consider the views of,the i.
Department of Defense (000) and the bepartment of Energy (00E) io.44re-i i
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-ht: nc;; t - et -$Upph whm.i ' t ^d by 12.e_,-.. a %dag, m puy-I I
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regarding the importance of the activities responsible for r
...generatingtheLLWtothecommondefenseandsecurity,When]
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requests based all, or in part, on a serious and g
immediate threat to the common d$ lens; and. security.
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,e Section 6 of the Act he applied only. in " rare emergencies," it is not expected that the regulation wi1I he applied with any frequency.
In order to implement this final rule, it may be necessary for NRC staff to develop guidance to assist applicants in preparing their requests, and to assist NRC staff in conducting their reviews.
This may represent an additional commitment of NRC resources.
Since Section 6 precludes NRC Agreement States from making emergency access decisions, the final action will not have an impact on Agreement State resources.
4.2.3 Ocpartment of Energy (DOE)/ Department of Defense (000)
NRC is requiring that requests for emergency access based totally or in 1
significant part on a serious and immediate threat to the common defense and
- security, ci$I i n t emen t--o r!.. support ir 000 and/or 00E.
NRC estimates that approximately five staf f weeks or approximately 25 staff days would be required for each emergency access request processed by 00E or D00.-
At the i
same rate as NRC, it would cost under $8,000 per certification'n.
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DECISION RATIONALE NRC decided on the approach in the final rule in light of the Congressional directives in Section 6 of the Act and considering the comparison of alternative:; {
as discussed in the preceding section.
6.
IMPLEMENTATION i
The schedule for implementation of the rule is dictated primarily by the schedules and milestones in the Act.
The Act sets out three milestone dates requiring the States and Compacts to demonstrate specific progress towards the development of new LtW disposal capacity, or their LLW generators may be denied further access to existing disposal sites.
s,.
The first date for potential denial of access was January 1, 1987.
The States were ahic to satisfy the requirements for that milestone and none were l
denied access.
.lanuary 1 1%9 is t.he next dite when the three operating LtW disposal facilitic. C.ui re t t r.' e to ac t.ep t. ua 31.- f rom a particular State i
IIHC p l a n '. In issue the t i n.e l ro l.
by thivember ] *_ry 50 it will h.. in pl.u:e in f ore
?y DRAFT
.ATSD(AE) Letterhead
[
l Mr. Eric S. Beckjord, Director Dffice of Nuclear Regulatory Research i
G.S. Nuclear Reguintory Commission Bashington, D.C.
20555 Dea r H r. Beckjord:
We understand that the Low Level Radioactive Waste Policy Amendments Act of 1985 grants the Nuclear Regulatory Commission LNRC) the authority to grant requests for " emergency access" to non-Federal or regional low-Icvel waste (LLW) disposal Eacilities (42 USC Sect 2021f).
Generators of LLN seeking such access, however, will be required to demonstrate that the access is required in order to eliminate ar. "immediate and serious threat to the public health and safety or the common defense and security," absent any other mitigating alternative (including suspension of the generator's activities).
The NRC respond to the request within 45 caler.dar days.
In your nust Letter of November 14, 1988 you have requested DoD (and DOE) cooperation and assistance in establishing a strategic importance determination in such instances.
1 In response to your request, 1 am suggesting that the Assistant..to the Secretary of Defense (Atomic Energy) serve as the single point of contact within DoD and DOE for providing assistnce in this matter.
Following a writ ten request from the NRC, this office will consult with DOE and a. ordinate a response to the NRC, advising your agency or the impact to the common defense and security of a particular LLW generatoc's activities.
Our point of contact at the DOE for this will be the Assistant Secretary for Defense Programs. purpose We are Eully aware of the time constraints under which the NRC is acaling and will expedite the coordination 3rocess associated
.with the strategic importance review.
In tais respect, an advance copy of relevant material, either from NRC or from the operator, would facilitate o"r response.
It is important to emphasize that our communication'in these matters will be with the NRC i tself, and not with I
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i 12/14/m 15:33 LGDOEGO M nm E 027-M2-l l
Eric S. Beckjord. Director
)
Office cf Nuclear Regulatory Research a
U.S. ftJclear Regulator $ cmmission vC Washington., D.C.
2055
Dear Mr. Beckjord:
.We understand that the Nuclear Regulttory Commission's (NRC) authority under Section 6 of the low-level Radioactive Waste Policy Act kendsents of 1985 is-
.)
to grant requests for emergency access to non-Federal low-level waste disposal i
facilities if the person requesting such access demonstrates that it is j
necessary to prevent or eliminate a threat to the public health and safety or j
to the common defense and securit.
In response to your Novesber 14. 1988 letter. the Department of Energy DOE) commits to participate with the l
Department of Defense (D0D) in the process of assessing whether a generator's activities are vital to our country's common defense and security to warrant such emergency access.
We have discussed this with staff in the Office of the Assistant to the Secreta:y for Defense for Atomic Energy, and agree with your recommendation that a single point of contact be designated to coordinate the review of these requests.
In summary D0D will be the single point of contact, for the NRC in making such detenninations with DOE in technical support.
Dr. Barker's staff will contact you diractly on this matter.
Sincerely, C.d -
i Troy E. Wsde II Acting Assistant Secretary for Defense Programs Cc:
Dr. R. Barker bec:
R. Juzaitis. D00 A
Col. James Reid. 000 J
i M/R: On November 30. 1988 E. A. Jordan. OP-122. discussed this with 1
i Col. Reid and Ray Juzattis of Dr. Barker's staff. We decided that a single point of contact was advantageous, since the NRC letter sought an MOU or comitment letter, criteri4 by which 00D/00E would make its; decision, and predesignation of certifying officials. 000 agreed to be the single point of contact and will ask for 00E/0P technical assistance on radioactive waste
]
l management and/or the security issues.
asking for DP's cooperation in this matter.A letter will be forthcoming from 000 E. A. Jordan also discussed this I
with K. Morris. DP-10.
R. Juzeit.is. D0D saw this '< etter in draft and has no proble.
000 will request DOE cooperation by letter once their letter is transmitted to NRC.
l i
habSWt 3
_ _ _ _ _ _