ML20248K199

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Staff Requirements Memo Re 890315 Briefing Concerning Need to Establish Procedure Whereby Surplus Sealed Radioactive Sources Which Exceed Part 61 Class C Concentrations Can Be Transferred to DOE for Interim Storage
ML20248K199
Person / Time
Issue date: 04/07/1989
From: Chilk S
NRC OFFICE OF THE SECRETARY (SECY)
To: Parler W, Stello V
NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO), NRC OFFICE OF THE GENERAL COUNSEL (OGC)
References
REF-10CFR9.7 M890315A, NUDOCS 8904170251
Download: ML20248K199 (3)


Text

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8  % n UNITED STATES NUCLEAR REGULATORY COMMISSION .j l

5 8 W ASHINGTON, D.C. 20556 OFFICE OF THE ' E F

. SECRETARY REFER 'IO: MB90315A: l April 7, 1989 MDORANIIM PCR: Victor Stallo, Jr.

Executive Director for Operations William C. Parler General Counsel j

FR71: = = = J. 0111k, Secretary I th

SUBJECT:

STAFF REQUIRDENIS - BRIEF2NG ON ACCEPTANCE BY DOE CN GREATER 'IHAN CLASS C WASIE,10:00 A.M. ,

WEINESIRY, MARQi 15, 1989, CCPMISSICNERS' Q"HFERENCE ROCM, CNE WHITE FI2NT NGmi, ROCKVIIIE, f MARYIAND (OPEN 'IO FUBLIC ATTENDANCE)

'Ihe 0:maission was briefed by the staff on the need to establish a er c- twa whereby surplus sealed radioactive scuroes which exceed Part 61 Class C mm.=ukations can be transferred to DOE for interim

. storage.- -

In the absence of a more thorough data base and analysis of available options, the hi= ion did not endorse the staff's ywycmal to request DOE acceptance of these sources.

.i During ard anh=?=nt to the minion meetinJ, the e m ni = ion  !

requested the staff to subnit a paper which' better defines the scope i of the problem of " surplus" sources. In preparing the paper the staff should: 1. undertake a emprehensive examination of the nature and extent of the problem; 2. Identify options for addressing the current problem; 3. Identify options for assuring that similar problems do not occur in the future for newly purchased sources (e.g., establishment of controls at the time of manufacture and licensing of future r14=rvwition of surplus scuroes); and 4.

Address the' questions attached to this memorandum.

1 1

(EDO) (SECY Suspense: 12/29/89) e, It is the h4== ion's understanding that the staff will conduct a survey of NRC licem to establish a broader data base for defining the scope of the problen of " surplus" sources. 'Ihe hi== ion would like to review the survey prior to its release.

(EDO) (SECY Susp= =e: 5/26/89) ft 07 g PNU g i

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'Ihe &mniacion requested a legal analysis of NRC's jurisdiction and '

regulatory responsibilities for licensed material which is temporarily stored by DOE but for which NRC nust ultimately license d4=mca1 (see attached questions, P ally

- i #7 and #8) .

(OGC) (SECY Suspense: 6/30/89)

'Ihe staff should continue its active interaction with the Department of Energy on this matter. 'Ihe &=niemian should be advised if DOE is not ready to accept storage of these materials in 1989 as DOE indicated in its 1987 report to CcEysess. Staff should work with DOE to ensure that the framework to address diamcal of Glu: wastes provides limited-an === storage under terms that will not preclude capture of sources frczn financially unstable organizations.

(EDO) (SECY Suspense: 6/30/89)

'Ihe &=ni" ion supported the issuance of the information notice r- > - arded by Region IV to inform well loggirg licenaaan and current applicants for well loggirg licenses of the potential msts that may be incurred in dicmaing of no longer needed americium sources. As part of the pivguuu to inprove the accountability of sealed sources, the staff should escalate its attention to sources in the field to assure that licensees are maintaining proper control in accordance with NRC regulations. 'Jhe staff should emphasize that licensees are responsible for ensuring the safe disposition of sources.

~

(EDO) (SECY Suspense: 5/31/89)

'Ibe &=nia= ion u.-arded Region IV and the Office of Nuclear Material Safety and Safeguards for brirging this issue before the Cemnission in a timely fashion.

Attachment:

As stated cc: Chairman Zech n-ni"ioner Roberts ~

&mienioner Carr

& =ni " ioner Rogers

& - i "icner Curtiss GPA P m - Advance DCS - P1-24

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L ATDGMENT 'ID MEETING SRM (NB90315A)

1. What arrarmf--is or m,Loct= have been made between the Depast =it of Energy and NRC licensees for DOE to acompt GICC waste frun licensed generators?
2. What volume and types of GICC waste has DOE accepted and frun whi& licensed generators? - Is DOE still receiving any GItr waste under the provisions of these arra,.f -:=,ts/ contracts?
3. Have any of these arrarw . its/ contracts been motivated by health and safety considerations?
4. How and where is the GICC waste in DOE's prwaaaaian being stored? Has any of the GItr waste been dianr=ad of? If so, how and where?
5. What, if any, arraif-=A to accept additional GICC waste are currently being negotiated between DOE and NRC licensees?
6. Does DOE currently have acceptanm criteria in place for the receipt of GICC frun NRC licensees?
7. If DOE accepts GICC waste frun NRC licensees, to what extent does NRC have any regulatory jurisdiction over such wastes, anoe transferred to DOE? Does it make any difference whether this waste is accepted for storage or d4=nr==17 If DOE accepts the waste as an integral part of a dianr==1 program, what is the extent of NRC's regulatory jurisdiction over such waste?
8. If DOE awls GICC waste frun NRC licensees, how does the staff propoGe t7 keep track of the waste so that when it caes time to d4=nr=a of this waste in an NRC-licensed facility we will have a high degree of confidence that all waste can be accounted for and that it will be in a form suitable for dianr==_1 in a licensed facility (i.e., not ocurningled with defense 'IRU)?
9. Can States be asked to assume responsibility for GICC sources in the event of a clearly defined health / safety threat? Does the Ctsunission have any authority under the recently-established IIW

, emergency ar== provisions to address this problem? .

10. Could operating IIW dianr==1 sites accept these scuroes for storage only? Would a license egnu.h.ait be required to permit this? l
11. Are there other options-for storirg surplus sources which would  !

retain NRC regulatory jurisdiction until such time as DOE is prepared to accept such sources as a part of an NRC-licensed diann==_1 p % ta ?

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