ML23167A463
| ML23167A463 | |
| Person / Time | |
|---|---|
| Site: | Three Mile Island  |
| Issue date: | 07/05/2023 |
| From: | John Marshall Division of Decommissioning, Uranium Recovery and Waste Programs |
| To: | |
| Shared Package | |
| ML23167A462:ml23167a462 | List: |
| References | |
| EPID L-2023- LLE-0016 | |
| Download: ML23167A463 (1) | |
Text
NUCLEAR REGULATORY COMMISSION
Docket No. 50-320
TMI-2Solutions, LLC
Three Mile Island Station, Unit 2
Exemption from Certain Low-Level Waste Shipment Tracking Requirements
I. Background
The U.S. Nuclear Regulatory Commission (NRC, the Commission) license for Three Mile
Island Station, Unit 2 (TMI-2) is Possession Only License No. DPR-73. TMl-2Solutions, LLC
(TMI-2S) is the holder of Possession Only License (POL) No. DPR-73 for Three Mile Island
Nuclear Station, Unit No. 2 (TMI-2). The POL provides, among other things, that the facility is
subject to all rules, regulations, and orders of the NRC now or hereafter in effect. TMI-2 is
located in Dauphin County, Pennsylvania.
TMI-2S is currently decommissioning the TMI-2 facility. Inherent to the decommissioning
process, large volumes of low-level radioactive waste are generated. This low-level radioactive
waste requires processing and disposal or disposal without processing, as appropriate. To this
end, TMI-2S will transport, by truck or by mixed mode shipments like a combination of truck and
rail, low-level radioactive waste from TMI-2 to locations such as waste disposal facilities owned
by EnergySolutions in Clive, Utah, and Waste Control Specialists in Andrews, TX.
Enclosure II. Request/Action
By letter dated May 17, 2023 (Agencywide Document Access and Management System
(ADAMS) Accession No. ML23137A282), TMI-2 Solutions, LLC (TMI-2S) requested an
exemption from certain requirements of Title 10 of the Code of Federal Regulations (10 CFR),
Part 20, Appendix G,Section III.E, Requirements for Transfers of Low-Level Radioactive
Waste Intended for Disposal at Licensed Land Disposal Facilities and Manifests. Specifically,
TMI-2S requests an exemption from the requirement to investigate and report to the Nuclear
Regulatory Commission (NRC) when notification of receipt of a shipment, or part of a shipment,
of low-level radioactive waste is not received within 20 days after transfer. TMI-2S is requesting
that the time to receive acknowledgement that a shipment has been received by the intended
recipient be extended from 20 days to 45 days for low-level radioactive waste shipments from
the TMI-2 facility. Further, TMI-2S states that the requested exemption would be applicable to
shipments from TMI-2 by rail or by mixed transportation modes, such as a combination of
truck/rail shipments.
III. Discussion
The NRCs regulations at 10 CFR 20.2301, Applications for exemptions, allow the
Commission to grant exemptions from the requirements of the regulations in 10 CFR part 20 if it
determines the exemption is authorized by law and would not result in undue hazard to life or
property.
A. The Exemption is Authorized by Law
The requested exemption from 10 CFR part 20, appendix G, section III.E would extend
the receipt acknowledgement period from 20 days to 45 days before TMI-2S would have to
investigate, trace, and report on the status of a low-level radioactive waste shipment being 4
transported from TMI-2 to a licensed low-level radioactive waste processing or land disposal
facility. As stated above, 10 CFR 20.2301 allows the NRC to grant exemptions from the
requirements of 10 CFR Part 20 when, in part, the exemptions are authorized by law. There are
no provisions in the Atomic Energy Act of 1954, as amended (or in any other Federal Statute)
that impose a requirement to investigate and report on low-level radioactive waste shipments
that have not been acknowledged by the recipient within 20 days of transfer. The NRC staff
determined that the requested exemption is therefore permissible under the Atomic Energy Act
of 1954, as amended, and other regulatory requirements. Therefore, the NRC finds that the
requested exemption is authorized by law.
B. The Exemption Would Not Result in Undue Hazard to Life or Property
The purpose of 10 CFR part 20, appendix G, section III.E is to require licensees to
investigate, trace, and report on low-level radioactive waste shipments that have not reached
their destination, as scheduled, for unknown reasons.
In its exemption request, TMI-2S stated that industry experience from other
decommissioning projects shipping large quantities of low-level radioactive waste to offsite
disposal facilities has shown that rail and mixed mode shipments can routinely take longer than
20 days. Based on past reports and industry experience, the NRC staff agrees that delays due
to rail scheduling are likely to recur.
Further, TMI-2S stated that its exemption request is similar to those previously submitted
to and approved by the NRC for San Onofre Nuclear Generating Station (ML20287A358),
Fort Calhoun Station (ML20162A155), Vermont Yankee Nuclear Power Station
(ML20017A069), La Crosse Boiling Water Reactor (ML17124A210), and Zion Nuclear Power
Station (ML15008A417). The NRC staff reviewed these exemption requests and notes that all of
the licensees that requested and were granted this exemption, previously had at least once missed 20 day receipt notification window. The NRC staff conclude that due to the location of
TMI-2 to low-level waste disposal facilities and the use or the rail system, it is likely that without
the exemption, TMI-2 would be in a similar situation to the licensees referenced above due to
the trail transport system practices. The NRC staff agrees that these exemption requests are
similar to the exemption request by TMI-2S.
In its exemption request, TMI-2S stated that it will be transporting low-level radioactive
waste from the TMI-2 facility to distant locations such as the waste disposal facilities owned by
EnergySolutions in Clive, Utah, and Waste Control Specialists in Andrews, TX. TMI-2 plans to
ship most of the waste to these disposal facilities or intermediate processors by rail. TMI-2S
expressed that industry experience from other decommissioning projects shipping large
quantities of low-level radwaste to offsite disposal facilities, has shown that rail and mixed mode
shipments can routinely take longer than 20 days, resulting in an excessive administrative
burden due to the required investigations and reporting. Further, TMI-2S states that there are
various reasons for these delays that cannot be anticipated or avoided and that are beyond the
control of the shipper.
TMI-2S further stated that, for rail shipments from TMI-2, a tracking system will
be utilized that allows daily monitoring of a shipments progress to its destination. Shipping
procedures prescribe the expectations for tracking and communications during transit. TMII-2S
stated that it will request daily updates be provided identifying the location of the shipment from
the appropriate carrier. As a result, TMI-2S explains that it will be unlikely that a shipment could
be lost, misdirected, or diverted without the knowledge of the carrier or TMI-2S personnel.
According to TMI-2S, the 20-day requirement results in the excessive administrative burden of
investigating and reporting, even though the shipments continue to be under requisite controls.
The NRC staff notes that in terms of potential effects on a member of the public, the
primary cause of low-level radioactive waste shipment delays is coordination with the rail
carriers. When these delays happen, the shipment is generally within a railyard and not near a
member of the public or a public place. The only way a low-level radioactive waste shipment
would remain in a public place for an unusual amount of time is if there was a problem with the
transport vehicle or the rail system itself. In that instance, the NRC staff notes that all low-level
radioactive waste shipments from TMI-2 are required to be compliant with the U.S. Department
of Transportation (DOT) and NRC requirements for transportation of low-level radioactive
packaging, placarding, and allowable radiation levels at the surface of the package for health
and safety purposes during transit, including during switchyard staging. Furthermore, the
shipments are required to be under control of the shipper at all times, tracked by the licensee,
and periodically monitored by the licensee, as needed. Therefore, there are no potential health
and safety concerns associated with this material sitting in a switchyard for an extended period
of time. In the unlikely event that a low-level waste shipment were to remain in a public place for
an extended period of time, adherence to the DOT transportation requirements would also
ensure that there would be no health and safety concerns regarding potential dose to the public.
Based on the history of low-level radioactive waste shipments from other Nuclear Power
Plants in decommissioning and the lack of potential health or safety concerns associated with
these shipments sitting in a switchyard for an extended period of time, the NRC staff concludes
that the need to investigate, trace, and report on low-level radioactive waste shipments that take
longer than 45 days is appropriate.
Additionally, as indicated in the exemption request, for truck and rail shipments from
TMI-2, TMI-2S will use a tracking system that allows daily monitoring of a shipments progress
to its destination and TMI-2 shipping procedures prescribe the expectations for tracking and
communications during transit. The NRC staff notes that this will allow for monitoring the progress of shipments on a daily basis, if needed, in lieu of the 20-day requirement, and will
initiate an investigation as provided for by 10 CFR part 20, Appendix G,Section III.E after
45 days. Because of this oversight and the ability to monitor low-level radioactive waste
shipments throughout the entire journey from TMI-2 to a disposal or processing facility, the staff
concludes that it is unlikely that a shipment could be lost, misdirected, or diverted without the
knowledge of the carrier or TMI-2S and that, therefore, there is no potential health or safety
concern presented by the requested exemption. Furthermore, by extending the time for receipt
acknowledgement to 45 days before requiring investigations, tracing, and reporting, a
reasonable upper limit on shipment duration is maintained in the event that a breakdown of
normal tracking systems was to occur.
Based on the above, the NRC staff finds that the requested exemption would not result
in undue hazard to life or property.
C. Environmental Considerations
With respect to compliance with section 102(2) of the National Environmental Policy Act
of 1969, as amended, 42 U.S.C. 4332(2) (NEPA), the NRC staff has determined that the
proposed action, the approval of the TMI-2S exemption request, is within the scope of the
categorical exclusion at 10 CFR 51.22(c)(25). The proposed granting of the exemption from
certain requirements of the NRCs regulations at 10 CFR part 20, appendix G, section III.E,
would: (i) present no significant hazards consideration; (ii) not result in a significant change in
the types or significant increase in the amounts of any effluents that may be released offsite; (iii)
not result in a significant increase in individual or cumulative public or occupational radiation
exposure; (iv) have no significant construction impact; and (v) not result in a significant increase
in the potential for or consequences from radiological accidents. Additionally, the requirements
from which the exemption is sought involve reporting requirements under 10 CFR 51.22(c)(25)(vi)(B) and inspection or surveillance requirements under
10 CFR 51.22(c)(25)(vi)(C). Given the applicability of a relevant categorical exclusion, no further
analysis is required under NEPA.
IV.Conclusions
Accordingly, the Commission has determined that, pursuant to 10 CFR 20.2301, the
exemption is authorized by law and will not result in undue hazard to life or property. Therefore,
effective immediately, the Commission hereby grants TMI-2S an exemption from
10 CFR part 20, appendix G, section III.E, to extend the receipt of notification period from 20
days to 45 days after transfer for rail or mixed mode shipments of low-level radioactive waste
from TMI-2 to a licensed land disposal or processing facility.
Dated: July 5, 2023.
For the Nuclear Regulatory Commission.
Jane E. Marshall, Director, Division of Decommissioning, Uranium Recovery and Waste Programs, Office of Nuclear Material Safety and Safeguards.