ML20255A083

Request for Exemption from 10 CFR 20, Appendix G, Section Iii.E

ML20255A083
Person / Time
Site:	San Onofre
Issue date:	09/01/2020
From:	Bates A Southern California Edison Co
To:	Document Control Desk, Office of Nuclear Material Safety and Safeguards, Office of Nuclear Reactor Regulation
References
Download: ML20255A083 (7)

Text

SOUTHERN CALIFORNIA EDISON'~

An EDISON INTERNATIONAL'~ Company A TIN: Document Control Desk U. S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 September 1, 2020

Subject:

Docket Nos. 50-206, 50-361 and 50-362 Al Bates Manager Regulatory Affairs &

Nuclear Oversight 10 CFR 20.2301 10 CFR 20 Appendix G.111.E Request for Exemption from 10 CFR 20, Appendix G, Section 111.E San Onofre Nuclear Generating Station (SONGS), Units 1, 2 and 3 In accordance with 10 CFR 20.2301, "Applications for exemptions," Southern California Edison (SCE) requests NRC approval for exemption from certain requirements of Section 111.E of 1 O CFR 20, Appendix G, "Requirements for Transfers of Low-Level Radioactive Waste Intended for Disposal at Licensed Land Disposal Facilities and Manifests," for the San Onofre Nuclear

- -- Generating-Station-(SONGS). -These regulations_require_SONGSJo immstigateand report to_

the NRC when SCE does not receive notification of receipt of a shipment, or part of a shipment, of low-level radioactive waste within 20 days after transfer.

SCE is requesting that the time period to receive acknowledgement that the shipment has been received by the intended recipient be extended from 20 days to 45 days for low-level radioactive waste shipments. The requested exemption would be applicable to rail or mixed mode shipments from SONGS, including combination of truck and rail shipments.

The attachment to this letter provides an evaluation of the request which includes justification on meeting the criteria for granting the exemption.

This exemption request is not required to address an immediate concern; however, SONGS anticipates making an increased number of low-level radioactive waste shipments in the near future as the site decommissioning activities increase. Therefore, SCE is requesting NRC approval of this exemption request within six months.

There are no commitments in this letter or the enclosure.

P. 0. Box 128 San Clemente, CA 9267 4

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SOUTHERN CALIFORNIA EDISON'~

An EDISON INTERNATTONAL,,, Company Al Bates Manager Regulatory Affairs &

Nuclear Oversight If you have any questions, please contact Mr. Al Bates at (949) 368-6945.

cc:

S. A. Morris, Regional Administrator, NRC Region IV A. M. Snyder, NRC Project Manager, SONGS Units 1, 2 and 3 P.0.Box128 San Clemente, CA 92674

ATTACHMENT 1 Exemption Request to Extend Waste Shipping Reporting from 20 to 45 Days I.

SPECIFIC EXEMPTION REQUEST In accordance with 10 CFR 20.2301, "Applications for exemptions," Southern California Edison (SCE) requests an exemption from certain requirements of 10 CFR 20, Appendix G, Section 111.E for the San Onofre Nuclear Generating Station (SONGS). 10 CFR 20, Appendix G, "Requirements for Transfers of Low-Level Radioactive Waste Intended for Disposal at Licensed Land Disposal Facilities and Manifests," Section Ill for "Control and Tracking," Subsection E requires that any shipment, or part of a shipment, for which acknowledgement is not received within the times set forth in this section must:

1. Be investigated by the shipper if the shipper has not received notification of receipt within 20 days after transfer; and,

2. Be traced and reported. The investigation shall include tracing the shipment and filing a report with the nearest Commission Regional Office listed in Appendix D to this part.

Each licensee who conducts a trace investigation shall file a written report with the appropriate NRC Regional Office within 2 weeks of completion of the investigation.

SCE is requesting that the period of time to receive acknowledgement that the shipment has been received by the intended recipient be extended from 20 days to 45 days for low-level radioactive waste shipments from SONGS. The requested exemption would be applicable to SONGS shipments made by rail or by mixed transportation modes, such as a combination of

- ----truck/rail shipments.___________________________

II.

BASIS FOR EXEMPTION REQUEST It has been SONGS's experience, similar to those at other decommissioning facilities that have shipped large quantities of waste to offsite disposal facilities, that rail shipments can routinely take longer than 20 days for various reasons that cannot be anticipated nor avoided. Though SCE takes actions during the preparation of shipments to predict and mitigate undesirable conditions as much as possible, encountered delays can often extend the shipping duration beyond the requisite 20 days. Exceeding the 20-day shipment duration results in an administrative burden due to the required investigations and reporting, even though shipments continue to be under requisite controls. Extending the time for receipt notification to 45 days before requiring investigation and reporting is reasonable for shipment duration and does not create an undue hazard to life or property.

SCE is in the process of decommissioning SONGS Units 2 & 3. Inherent to the decommissioning process, large volumes of slightly contaminated debris are generated and require disposal. SCE will be transporting low-level radioactive waste from the SONGS facility to distant locations such as the waste disposal facility operated by Waste Control Specialists in Andrews, Texas and by Energy Solutions in Clive, Utah. SCE plans to ship most of the waste to these disposal facilities or intermediate processors via rail.

Due to the complex scheduling and congestion on the planned rail systems, delays beyond the estimated durations are often encountered after the waste leaves site. Rail shipments may sit at a remote railyard waiting for clearance to depart or for maintenance of a railcar in need of repair; either of which creates delays that can extend the estimated shipping durations from SONGS and are outside of the shipper's, (i.e., SCE's) controls. Administrative processes at the disposal facility and mail delivery times can add several additional days.

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ATTACHMENT 1 Exemption Request to Extend Waste Shipping Reporting from 20 to 45 Days The purpose of the 10 CFR 20, Appendix G regulation is to investigate a late shipment that may be lost, misdirected, or inappropriately diverted. For rail shipments from SONGS, a tracking system is utilized that allows daily monitoring of a shipments' progress to its destination.

SONGS shipping procedures prescribe the expectations for tracking and communications during transit. It is unlikely that a shipment could be lost, misdirected, or unintentionally diverted to a different destination without the knowledge of the carrier or by SCE. Based on the estimated number and duration of anticipated shipments, SCE could be required to perform numerous investigations over the duration of decommissioning and report to the NRC that notification of receipt was not received within 20 days of transfer for shipments, even though they would be tracked throughout transportation and received at their intended destination.

Should a shipment not be received within 45 days of initiating shipping, the investigation and reporting will be performed as required and specified in Section 111.E.

The criteria for granting a specific exemption to 1 O CFR 20 regulations are specified in 10 CFR 20.2301. In accordance with 10 CFR 20.2301, the Commission may grant an exemption from the requirements of the regulations in this part if it determines the exemption is authorized by law and would not result in undue hazard to life or property.

The requested exemption is authorized by law in that no law precludes the activities covered by this exemption request. There are no provisions in the Atomic Energy Act or in any other federal statute that imposes a requirement to investigate and report to the NRC low-level radioactive waste shipments that have not been acknowledged by the

-intended recipientwithin 20-days_after transfer._ Therefore, there is __ nQ_~tatutQ_ry ___ _

prohibition on the issuance of the requested exemption and the NRC is authorized to grant the exemption under law.

The intent of 10 CFR 20, Appendix G, Section 111.E is to require licensees to investigate, report, and trace radioactive shipments that have not reached their destination within 20 days after transfer. A tracking system that allows monitoring the progress of shipments by the rail carrier will be maintained and reported to the shipper on a daily basis if exceeding the 20 days. As a result of the controls that would continue to be in place during the extended time, granting an exemption for SONGS for shipments of low-level radioactive waste to disposal facilities or waste processors from 20 to 45 days does not result in an undue hazard to life or property.

The requested exemption is similar to the ones previously approved by the NRC, namely: Fort Calhoun Station on June 30, 2020 (ref. ML20162A155), Vermont Yankee Nuclear Power Station on February 5, 2020 (ref. ML20017A069), La Crosse Boiling Water Reactor facility on May 2, 2017 (ref. ML17124A210), and Zion Nuclear Power Station Units 1 and 2 on January 30, 2015 (ref. ML15008A417). Although not codified as of the date of this submittal, it is noteworthy that the NRC staff in SECY-18-055, (ref. 1 and ML18012A022) has proposed rulemaking to amend 10 CFR 20, Appendix G, Section 111.E to allow a 45-day notification window based on operating experience that show this is a reasonable delay for low-level waste shipments.

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ATTACHMENT 1 Exemption Request to Extend Waste Shipping Reporting from 20 to 45 Days 111.

ENVIRONMENTAL ASSESSMENT The proposed exemption has been evaluated against the*eligibility criterion for categorical exclusion set forth in 10 CFR 51.22(c)(25):

(i) There is no significant hazards consideration - SCE has evaluated the proposed exemption against the three standards set forth in 10 CFR 50.92(c) to determine whether a significant hazards consideration is involved as discussed below:

1. Does the proposed exemption involve a significant increase in the probability or consequences of an accident previously evaluated?

No. The proposed exemption involves changes to specific reporting requirements delineated in 10 CFR Part 20, Appendix G, Section 111.E. This proposed change has no effect on any facility structures, systems, and components (SSC) or their capability to perform design functions, and, therefore, would not increase the likelihood of a malfunction of any facility SSC, or affect the performance of any SSCs relied upon to mitigate the consequences of an accident previously evaluated. The means by which SSCs are operated, maintained, modified, tested, or inspected are also not affected.

Therefore, the proposed exemption does not involve a significant increase in the probability or consequences of an accident previously evaluated.

2. Does the proposed exemption create the possibility of a new or different kind of

.. accident.from any accident pr.eviously_evaluated? _____________. _

No. The proposed exemption does not involve a physical alteration of the facility, and no new or different types of SSCs will be installed, therefore, there are no physical modifications to existing equipment that could result from the exemption. The proposed exemption does not involve modifications which could modify the manner in which facility SSCs are operated and maintained and does not result in any changes to parameters within which the facility is normally operated and maintained.

Therefore, the proposed exemption does not create the possibility of a new or different kind of accident from any previously evaluated.

3. Does the proposed exemption involve a significant reduction in a margin of safety?

No. The proposed exemption from certain reporting requirements of 10 CFR Part 20, Appendix G, Section 111.E is unrelated to any facility operation. As such, the exemption would not affect any remaining equipment of the facility.

Therefore, the proposed exemption does not involve a significant reduction in a margin of safety.

Based on the above, SCE has determined that the proposed exemption presents no significant hazards consideration under the standards set forth in 1 0 CFR 50.92(c), and, accordingly, a finding of "no significant hazards consideration" is justified.

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ATTACHMENT 1 Exemption Request to Extend Waste Shipping Reporting from 20 to 45 Days (ii) There is no significant change in the types or significant increase in the amounts of any effluents that may be released offsite - The requested exemption to certain reporting requirements specified in 10 CFR Part 20, Appendix G, Section 111.E will not result in changes to any facility SSCs or design functions associated with monitoring or limiting the release of effluents. There are no expected changes in the types, characteristics, or quantities of effluents discharged to the environment as a result of the exemption. The exemption would not introduce any materials or chemicals into the facility that could affect any of the amounts or types of effluents released offsite.

Therefore, there is no change in the types or increase in the amounts of any effluents that may be released offsite.

(iii)

There is no significant increase in individual or cumulative public or occupational radiation exposure - The requested exemption proposes to revise certain reporting requirements delineated in 10 CFR 20, and as such, does not influence or result in any change to the actual time the shipment takes to reach its proposed destination. Radiation exposure of all shipments will be maintained within the limits of the regulations. The proposed reporting requirements contained within this exemption request do not result in any physical changes to the facility or to shipping related SSCs, the manner in which they are operated or maintained, and does not involve a change to land use at the SONGS site.

Therefore, there is no significant increase in individual or cumulative public or occupational radiation exposure.

(ivf There isno-significanl construction ifnpacr-=-Tne-requested-exemption involves-a change to certain reporting requirements specified in 10 CFR Part 20, Appendix G, Section 111.E related to offsite shipping of low-level waste and does not result in any physical changes to the facility or the manner in which any physical changes to the facility during construction are performed.

Therefore, there is no significant construction impact.

(v) There is no significant increase in the potential for or consequences from radiological accidents - This criterion is similar to that which is provided in the no significant hazards considerations discussed in item (i) above.

Therefore, there is no significant increase in the potential for or consequences from radiological accidents.

(vi) The requirements from which an exemption is sought involve; (8) Reporting requirements and (C) Inspection or surveillance requirements - The purpose of the requested exemption is to modify the timeframe requirement in 10 CFR Part 20, Appendix G, Section 111.E, which requires that any shipment, or part of a shipment, be investigated by the shipper if the shipper has not received notification of receipt within 20 days after initiation of the transfer. The required investigation includes tracing the shipment and filing a report with the nearest Commission Regional Office. The tracing of the shipment can also be considered a means of inspection or surveillance since a record review and inquiry, as well as the shipment's physical condition, are normally performed as components of the investigation.

Therefore, the requirement from which an exemption is sought does involve reporting requirements and inspection or surveillance requirements.

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ATTACHMENT 1 Exemption Request to Extend Waste Shipping Reporting from 20 to 45 Days Accordingly, SCE has determined that the proposed exemption meets the eligibility criteria for categorical exclusion set forth in 10 CFR 51.22(c)(25)(i) through (vi). Therefore, in accordance with 10 CFR 51.22(b), no environmental impact statement or environmental assessment in

• accordance with Section 102(2) of the National Environmental Policy Act need be prepared in connection with the consideration of this exemption request.

IV.

CONCLUSION The information provided meets the requirements outlined in 1 0CFR20.2301, specifically giving the NRC sufficient basis for determining that the requested exemption is authorized by law and would not result in an undue hazard to life or property. Under the exemption, SONGS would not be required to investigate and report a shipment in accordance with 1 0 CFR 20, Appendix G, Section 111.E unless a copy of the signed NRC Form 540 (or NRC Form 540A, if required) acknowledging receipt has not been received within 45 days of the shipment leaving the SONGS facility. SCE will request a daily update to be provided for the location of the shipment from the appropriate carrier(s). As a result, it will be unlikely that a shipment could be lost, misdirected, or diverted without the knowledge of the carrier or SCE personnel.

V.

REFERENCES

1. SECY-18-055, "Regulatory lmpmvements for Production and Utilization Facilities Transitioning to Decommissioning," Enclosure 1, pages 157-160, dated May 22, 2018.

2. NRC letter from Jack D. Parrott to Ms. Mary J. Fisher, "Fort Calhoun Station~ Unit f~

Exemption From 10 Code of Federal Regulation Part 20, Appendix G, Section 111.E (EPID No. L-2020-LLE-0015)," dated June 30, 2020.

3. NRC letter from Jack D. Parrott to Mr. Corey R. Daniels, "Vermont Yankee Nuclear Power Station - Exemption From 10 Code of Federal Regulations Part 20, Appendix G, Section 111.E (EPID No. L-2019-LLE-0026)," dated February 5, 2020.

4. NRC Letter from Marlayna Vaaler to Mr. John Sauger, "La Crosse Boiling Water Reactor

- Exemption from Certain Low-Level Waste Shipment Tracking Requirements of 10 CFR Part 20, Appendix G, Section 111.E (CAC No. L53168)," dated May 2, 2017.

5. NRC Letter from John B. Hickman to Mr. John Sauger, "Zion Solutions - Exemption from Certain Low-Level Waste Shipment Tracking Requirements of 10 CFR Part 20, Appendix G, Section 111.E (TAC Nos. L53042 and L53043)," dated January 30, 2015.

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