ML23336A001

Louisiana Energy Services, LLC, Dba Urenco USA, Follow-up 11/22/2023 Meeting Regarding Part 61 Rulemaking

ML23336A001
Person / Time
Site:	07003103
Issue date:	12/01/2023
From:	Padgett W Louisiana Energy Services, URENCO USA
To:	John Marshall Office of Nuclear Material Safety and Safeguards, Document Control Desk
References
LES-23-173-NRC
Download: ML23336A001 (1)

Text

LES-23-173-NRC



Attn: Document Control Desk Jane Marshall, Director, Division of Decommissioning, Uranium Recovery, and Waste Programs 11555 Rockville Pike Rockville, MD 20852 Louisiana Energy Services, LLC NRC Docket No. 70-3103

Subject:

Follow-up 11/22/2023 Meeting Regarding Part 61 Rulemaking

References:

1. SRM-SECY-20-0098, Staff Requirements - Path Forward and Recommendations for Certain Low-Level Radioactive Waste Disposal Rulemaking

2. SRM-SECY-08-0147, Staff Requirements - SECY-08-0147-Response to Commission Order CLI-05-20 Regarding Depleted Uranium

3. LES-17-00147-NRC, UUSA Comments on 10 CFR 61 Proposed Rulemaking dated November 15, 2017.

On November 22, 2023 UUSA personnel met with NRC Staff to discuss the issuance of a revised proposed rulemaking for Low-Level Radioactive Waste Disposal under 10 CFR Part 61, consistent with the direction in SRM-SECY-20-0098, Reference 1. UUSA values the opportunity to offer our views on the rulemaking and, in particular, we appreciate the NRC Staff supporting an in-person meeting during the Holiday Season. Completion of this rulemaking activity is critical to UUSA and the Nuclear Industry as is evident by the continued engagement of both UUSA and the industry since the rulemaking was initially published in 2008, Reference

2. Given the high importance of this rulemaking and to help ensure the NRC is clear regarding our views, we respectfully provide a summary of the meeting conducted on 11/22/23, along with additional context, as follows:

x UUSA recognizes that the March 2009 initiation of this rulemaking occurred in part to the Licensing of UUSA, Reference 2.

x UUSA and NRC discussed the historical submittals with a focus on the following; o The NRC developed Draft Regulatory Analysis for Final Rule: Low-Level Radioactive Waste Disposal (10 CFR Part 61) in August 2016.

o The NRC Executive Director of Operations issued Staff Requirements - SECY-16-0106- Final Rule Low-Level Radioactive Waste disposal revisions in September 2017.

o This was followed by a request via Federal Register requesting answers to 7 specific questions October 2017, to which UUSA provided responses.

o Unfortunately, no feedback on these 7 questions has been provided, in particular with regard to how NRCs future regulatory analysis will address the high probability of costs being passed through from the Part 61 licensee to waste generators, like UUSA o UUSA did explain in previous submittals costs it anticipate to result from the rulemaking, but these cost estimates have been updated and they show even greater cost impacts than initially anticipated - as indicated, UUSA is willing to provide this updated information, if beneficial to the Staff.

Urenco USA UUI l P.O. Box 1789 l 275 Hwy. 176 l Eunice l New Mexico l 88231 l USA T: +1 (575) 394-4646 l W: www.urencousa.com

© Urenco USA Inc. 1

LES-23-173-NRC x The May 2023 Public meeting was discussed with a focus on several of the answers provided by the NRC.

o UUSA understand that the NRC felt they were limited in what information they could provide to the considerations made due to the NRC process.

o NRC answers provided during the Q&A session in May 2023 pointed to reset to the SEC-16-0106.

x A future Public meeting was discussed for January 2024. The NRC staff has requested industry members to present, however it is unclear what the presentations would address.

o UUSA applauds the effort for communication and transparency however it is unclear of what the NRC would be able to discuss as the NRC in unable to provide clarity on the substance of the rulemaking.

o UUSA indicated that it would be difficult to provide a presentation without understanding of the changes to the industry the Rulemaking would drive. Under current circumstance any presentation would be a restatement of information provided to the NRC, Reference 3.

x UUSA has deliberated the NRCs addition of another Public meeting and feel that this meeting can clear the way for the NRCs Rulemaking activity. UUSA would recommend that a method of ensuring a clear regulatory path the NRC consider seeking feedback from the industry on what questions remain open in lieu of a prescriptive review of what requirements the Rulemaking Contains and attempt to address these concerns during the Public Meeting.

If you have any questions concerning this submittal, please contact Chris Schwarz, Licensing Manger, at 575.394.5783.

Respectfully, Digitally signed by Wyatt Wyatt Padgett Date: 2023.12.01 Padgett 17:25:47 -07'00' Wyatt Padgett Head of Compliance CC: via email Jane Marshall, Director, Division of Decommissioning, Uranium Recovery, and Waste Programs U.S. Nuclear Regulatory Commission Jane.Marshall@nrc.gov Jonathan Rowley, Sr. Project Manager - UUSA U.S. Nuclear Regulatory Commission Jonathan.Rowley@nrc.gov Urenco USA UUI l P.O. Box 1789 l 275 Hwy. 176 l Eunice l New Mexico l 88231 l USA T: +1 (575) 394-4646 l W: www.urencousa.com

© Urenco USA Inc. 2