ML24149A063
| ML24149A063 | |
| Person / Time | |
|---|---|
| Site: | 07007005 |
| Issue date: | 05/24/2024 |
| From: | Cartwright J WCS, Waste Control Specialists |
| To: | John Lubinski Office of Nuclear Material Safety and Safeguards |
| References | |
| Download: ML24149A063 (1) | |
Text
May 24, 2024 VIA E-MAIL and USPS
Mr. John Lubinski, Director Office of Nuclear Material Safety and Safeguards U.S. Nuclear Regulatory Commission Mail Stop T-4A12 Washington, DC 20555-0001
References:
- 1) Texas Commission on Environmental Quality (TCEQ), Radioactive Material License No. R04100, Amendment 40, CN6006616890, RN101702439
- 2) NRC Issuance of New Order ((2014 Order) Superseding a Previously Issued Order of October 20, 2009 (2009 Order)) in Response to a July 18, 2014 Request by Letter from J.
Scott Kirk (WCS) to Catherine Haney (NRC), Order dated December 3, 2014. Docket No.
70-7005; NRC-2009-0283; EA-14-104 (Accession No. ML14238A268)
- 3) Agreed Order between the TCEQ and WCS, TCEQ Docket No. 2015-0514-RAW; License R04100; dated December 9, 2015, signed December 10, 2015
- 4) Letter from Rod Baltzer (WCS) to Richard Hyde (TCEQ), re: Agreed Order Docket No. 2015-0514-RAW-E ("WCS Agreed Order") Enclosing the Plan for Disposition of LANL TRU Waste in Storage at WCS (Confidential Information), dated February 19, 2016
- 5) Letter from WCS to NRC regarding: Request for Storage Time Extension in NRC Exemption 2014 Order (Accession No. ML14238A268), Order Condition 8.B.4 for WIPP-Bound LANL Waste in Storage at WCS, dated March 28, 2016 (Accession No.
- 6) NRC Response to WCS Request for Possession Time Extension dated September 23, 2016 (Accession No. ML16097A265)
- 7) Letter from WCS to NRC regarding: Request to Extend Storage Timeframe in NRC Exemption 2014 Order (Accession No. ML14238A268), Order Condition 8.B.4 for Transuranic LANL Waste in Storage at WCS, dated August 30, 2018 (Accession No. ML18250A289)
J. Lubinski May 24, 2024 Page 2 of 4
- 8) Response to WCS Request for Possession Time Extension dated December 19, 2018 (Accession No. ML18269A318)
- 9) Letter from WCS to NRC regarding: Request to Extend Storage Timeframe in NRC Exemption 2014 Order (Accession No. ML14238A268), Order Condition 8.B.4 for Transuranic LANL Waste in Storage at WCS, dated August 24, 2020 (Accession No. ML20237F462)
- 10) NRC Response to WCS Request for Possession Time Extension dated December 7, 2020 (Accession No. ML20252A182)
- 11) Letter from WCS to NRC regarding: Request to Extend Storage Timeframe in NRC Exemption 2014 Order (Accession No. ML14238A268), Order Condition 8.B.4 for Transuranic LANL Waste in Storage at WCS, dated March 18, 2022 (Accession No. ML22081A181)
- 12) NRC Response to WCS Request for Possession Time Extension dated June 8, 2022 (Accession No. ML22094A131)
- 13) Letter from WCS to NRC regarding: Request for Transfer of Transuranic LANL Waste in Storage from WCS FWF to WCS TSDF in NRC Exemption 2014 Order (Accession No. ML14238A268), dated June 30, 2022 (Accession No. ML22200A046)
- 14) NRC Issuance of New Order ((2023 Order) Superseding a Previously Issued Order of December 3, 2014 (2014 Order)) in Response to a June 30, 2022 Request Letter from Jay B. Cartwright (WCS) to John Lubinski (NRC), Order dated May 22, 2023. Docket No. 70-7005; NRC-2022-0093 (Accession No. ML22221A079)
Re: Docket No. 070-7005;NRC-2022-0093 - Request to Extend Storage Timeframe in NRC Exemption 2023 Order (ML22221A079), Order Condition 9.B.4 for Transuranic LANL Waste in Storage at WCS
Dear Mr. Lubinski:
Waste Control Specialists, LLC (WCS) respectfully requests an extension of the time allowed for WCS to possess Transuranic (TRU) waste containing Special Nuclear Material (SNM) generated at Los Alamos National Laboratory (LANL) and was destined for disposal at the Waste Isolation Pilot Plant (WIPP). This TRU SNM-bearing waste from LANL has been placed into temporary storage at WCS since 2014. It was later determined by the Department of Energy (DOE) to be from the same waste stream as the waste that caused the release of radioactive materials in the WIPP
Dallas Office Andrews Facility Waste Control Specialists LLC Waste Control Specialists LLC 17103 Preston Road, Suite 200 P.O. Box 1129 Dallas, TX 75240 Andrews, TX 79714 P. 682-503-0030 P. 432-525-8500 J. Lubinski May 24, 2024 Page 3 of 4
underground, resulting in the closure of the WIPP Facility and temporarily stranding the waste at WCS. WCS requests an extension for WCS to continue to store this material in the F ederal Waste Facility (FWF) or in the Bin Storage Area 1 (BSA-1) at the Treatment Storage and Disposal Facility (TSDF) until December 31, 2026.
WCS was authorized to possess the LANL waste for two years as specified in original Order Condition 8.B.4 of NRC Exemption 2014 Order (ML14238A268), dated December 3, 2014 (Reference 2) through December 23, 2016. Throughout that time frame and continuing still today, DOE has been studying and evaluating options for removal of the TRU waste from WCS. As such, WCS has had to continue to store the waste requiring WCS to request storage extensions to the original 2014 Order. The first extension request (Reference 5) and NRC approval (Reference 6) was for two years, until December 23, 2018. The second extension request ( Reference 7) and NRC approval (Reference 8) was for an other two years, until December 23, 2020. The third extension request (Reference 9) and NRC approval (Reference 10) was for two more years, until December 23, 2022. The last extension request (Reference 11) and NRC approval (Reference 12) was for an additional two years, until December 31, 2024. In addition to the above referenced extension requests WCS also requested (Reference 13) and NRC authorized (Reference 14), transfer of the TRU waste from the FWF to the WCS TSDF BSA-1 in preparation for eventual offsite shipment.
These transfer activities are ongoing as of the date of this request.
Upon receiving NRC approvals of the various requests reference d above WCS subsequently made corresponding license amendment requests to the Texas Commission on Environmental Quality (TCEQ) to incorporate the conditions of the 2014 Order and extensions and the 2023 Order into License Condition (LC) 206 of Radioactive Material License (RML) No. R04100, most recently Amendment 40 (Reference 1), approved on January 9, 2024. WCS is seeking this extension to December 31, 2026, for the LANL Waste set forth in Condition 9.B.4 of the 2023 Order. Once approved by NRC, WCS will seek an amendment to RML No. R04100 from TCEQ, extending the storage date to the same date as authorized by the NRC.
As additional background, WCS accepted this waste, in part, to aid DOE-LANL in reaching milestones agreed upon by DOE with the State of New Mexico. The waste was received by WCS and placed into temporary storage. Subsequently, based on the DOE investigation of the WIPP incident, DOE informed WCS that some of the LANL TRU being temporarily stored at WCS could, under certain conditions, react and potentially result in a release of transuranic radionuclides into the environment. To safeguard human health and the environment, WCS took actions to secure that waste, including placing it inside Modular Concrete Canisters (MCCs), covering it with pea gravel and placing it in a more secure location. WCS and TCEQ entered into Agreed Order (Reference 3) Docket No. 2015-0514-RAW-E (effective on December 17, 2015) to address the need for continued storage and ultimate final disposition of the LANL TRU. The DOE entered into a similar TCEQ Agreed Order. A key requirement of both the WCS Order and the DOE Order
Dallas Office Andrews Facility Waste Control Specialists LLC Waste Control Specialists LLC 17103 Preston Road, Suite 200 P.O. Box 1129 Dallas, TX 75240 Andrews, TX 79714 P. 682-503-0030 P. 432-525-8500 J. Lubinski May 24, 2024 Page 4 of 4
is to submit to the TCEQ Executive Director for approval a written plan and procedures for the disposition of the LANL TRU waste (Reference 4).
The requested extension is necessary to allow for continued compliant and safe storage above ground in the purpose built and dedicated PermaCon structure contained within our B in Storage Area 1 (BSA-1) unit until the waste is authorized to ship and a final disposition plan is approved and implemented by DOE.
WCS requests that a copy of all correspondence regarding this matter be directly emailed to my attention (jcartwright@wcstexas.com) as soon as practicable after issuance. If you have any questions or need additional information, please call me at 432 -525-8698.
Sincerely,
Jay B. Cartwright RSO / ESH Director
Enclosure:
Cc: Electronic Copy Only
Jane Marshall, NRC Harry Felsher, NRC Duane White, NRC David Carlson, WCS Jesse Garcia, WCS Ryan Williams, WCS Gregory G. DiCarlo, WCS WCS Regulatory Compliance WCS Records
Dallas Office Andrews Facility Waste Control Specialists LLC Waste Control Specialists LLC 17103 Preston Road, Suite 200 P.O. Box 1129 Dallas, TX 75240 Andrews, TX 79714 P. 682-503-0030 P. 432-525-8500