ML23333A033

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Email Dated 5-30-23 from T Holly (NFS) to Ngarcia Santos (Nrc), Transmittal of Affidavit Related to Fissile Material Exemption (10 CFR 71.15 (C), Follow Up Questions and Additional Comments (Docket No.70-143)
ML23333A033
Person / Time
Site: Erwin
Issue date: 05/30/2023
From: Holly T
Nuclear Fuel Services
To: Garcia-Santos N
Division of Fuel Management
Shared Package
ML23333A029 List:
References
EPID L2022-LLL-0017, CAC 001029
Download: ML23333A033 (3)


Text

From:

Holly, Thomas C To:

Norma Garcia Santos; Shana Helton Cc:

Andrew Barto; Rogers, Danielle M; Walker, Jason J; Gibson, Clifton T; McKee, Steven T

Subject:

[External_Sender] Fissile Material Exemption Date:

Tuesday, May 30, 2023 9:47:14 AM Attachments:

image001.png Affidavit - Trade Secrets or Commercial Information - NFS FE Questions.pdf Importance:

High

Norma,

The affidavit is attached. We are looking forward to the continued conversation this afternoon. I have added a couple additional points for consideration this morning. As we described, the waste filters and residues are low-level radioactive waste intended for off-site shipment and final disposal at a DOE or other NRC licensed facility. The materials meet the concentration requirements for LSA based on the previous example provided; however, outside the LSA argument, these materials could be shipped using a Radioactive Type A proper shipping name without classification as LSA. The basis for this entire dialogue whether LSA or Radioactive Type A (non-fissile) both options MUST meet the exemptions in 10 CFR 71.15, identical to 49 CFR 173.453.

NuREG 7239 Section 4.1 states:

The provisions for the exemption from classification as fissile material are currently present in the Code of Federal Regulations in two locations: 10 CFR 71.15 and 49 CFR 173.453. The intent and content of these regulations are identical.

The intent of including exemptions from classification as fissile material in the regulations is to reduce the burden and cost imposed for packages that contain quantities and concentrations of fissile material that are low risk in terms of potential for inadvertent criticality in transport.

We left our last conversation discussing burden. These material types have low quantities and low concentration of fissile material and NFS maintains that the packaging strategy which is properly commingled is low risk in terms of potential for inadvertent criticality in transport.

Given NFS handles and ships fissile materials in all manners as discussed, burden is a real consideration.

Following the packaging hierarchy from top down:

Type B NRC Certified Packages (example the ES-3100) are not intended for waste disposal. These packages are intended for highly concentrated materials that are not waste. The packages are intended to remain in commerce, not one-time use and burial. Considering they are no longer produced and the cost per package was ~$50k+ each, this is not a viable option for any waste management operation.

Type A-F NRC Certified Packages (example the Versa-Pac) holds the same argument. These packages

again are intended for commerce, not one-time use and burial. The cost per package is in the tens of thousands of dollars each.

Type A package (55 gallon drum). This option is preferred in most all waste disposal operations. NFS can ship material using the packaging configuration proposed with reasonable assurance of adequate protection against inadvertent criticality in transport. By limiting the quantity and concentration inside the package this option falls first in line with the intent of the regulation and also meets the intent of the NuREG. NFS must fill the void space in the drum to meet the waste burial site acceptance criteria. Crediting the fill material in an effort to dilute the mass to weight ratio appears multiple times in the NuREG examples.

NFS uses all reasonable means to process and recover uranium. Our operations can not continue without a sustainable path for shipment and disposal for these material types. As stated in our last call, NFS is currently taking on non-routine efforts just to handle this material and maintain site operations.

Safely implementing the regulations IS our first priority. We appreciate greatly NRC staff time and input on this most important matter.

Thanks,

Tom Holly Licensing Manager

Nuclear Fuel Services 1205 Banner Hill Road Erwin, TN 37650 Office: 423.743.2595 Mobile: 423.735.9107 tcholly@bwxt.com


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