ML25346A049

R.Williams, WCS to A.Kock, NRC, 2025 - WCS Request to Modify Conditions in Current 2023 NRC Order for SNM to WCS

ML25346A049
Person / Time
Site:	07007005
Issue date:	12/10/2025
From:	Robert Williams Waste Control Specialists
To:	Andrea Kock Office of Nuclear Material Safety and Safeguards
References
Download: ML25346A049 (0)

Text

December 10, 2025 VIA E-MAIL Mrs. Andrea Kock, 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 41, CN600616890, 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. ML16095A361)

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)

A. Kock December 10, 2025 Page 2 of 5 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

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 to Extend Storage Timeframe in NRC Exemption 2023 Order (ML22221A079) Order Condition 9.B.4 for Transuranic LANL Waste in Storage at WCS, dated May 24, 2024

14) NRC Approval to Waste Control Specialists Request to Extend the Possession Time of Los Alamos National Laboratory Waste in the Exemption Order Condition 9.B.4 Until December 31, 2026 (CAC No. 001542/Docket No. 070-7005/EPID No. L-2024-LLO-0002), dated November 22, 2024

15) 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)

16) 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 Amend NRC Exemption 2024 Order ML24149A063, for Transuranic LANL Waste in Storage at WCS

A. Kock December 10, 2025 Page 3 of 5 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

Dear Mrs. Kock:

Waste Control Specialists, LLC (WCS) respectfully requests an amendment to the subject NRC exemption. This Transuranic (TRU) waste containing Special Nuclear Material (SNM) was 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 underground, resulting in the closure of the WIPP Facility and temporarily stranding the waste at WCS.

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 another 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 fourth extension request (Reference 11) and NRC approval (Reference 12) was for an additional two years, until December 31, 2024. The last extension request (Reference 13) and NRC approval (Reference 14) was until December 31, 2026. In addition to the above referenced extension requests WCS also requested (Reference 15) and NRC authorized (Reference 16),

transfer of the TRU waste from the FWF to the WCS TSDF BSA-1 in preparation for eventual offsite shipment. These transfer activities are complete as of the date of this request.

Upon receiving NRC approvals of the various requests referenced 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.

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

A. Kock December 10, 2025 Page 4 of 5 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 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 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 amendment is to allow WCS to sort the inner containers of TRU waste into two groups. The first group will contain only inner containers that do not possess the D001 or D002 codes. This group will be eligible to be shipped offsite. The second group will contain only inner containers that have the D001 or D002 codes applied. This group will remain at WCS for further storage until arrangements are made to ship these containers offsite. This sorting will allow nearly 60% of the TRU waste to be removed from the WCS site. A description of the process and supporting information are provided in Attachment 1.

Additionally, considering the time necessary to review, approve, and complete this process, WCS requests an extension of the Exemption until December 31, 2028. 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 Bin Storage Area 1 (BSA-1) unit until all the waste is authorized to ship and a final disposition plan is approved and implemented by DOE.

Finally, WCS is also requesting to update the Exemption by removing some information that is out of date and no longer applicable to the storage of the TRU waste at WCS.

WCS requests that a copy of all correspondence regarding this matter be directly emailed to my attention (rwilliams@wcstexas.com) as soon as practicable after issuance. If you have any questions or need additional information, please call me at 214-952-2559.

Sincerely, Ryan Williams Vice President, Integrated Services

A. Kock December 10, 2025 Page 5 of 5 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

Enclosure:

1. Exemption Amendment Request

2. Mark-up Copy of Order Cc: Electronic Copy Only Jane Marshall, NRC Harry Felsher, NRC Duane White, NRC David Carlson, WCS Jesse Garcia, WCS Jay Cartwright, WCS Steve Ward, WCS Gregory G. DiCarlo, WCS Chance Goodin, TCEQ Hans Weger, TCEQ Molly Coffman, TCEQ Kevin Myers, TCEQ WCS Regulatory Compliance WCS Records Introduction Waste Control Specialists (WCS) currently stores the LANL transuranic (TRU) waste in SWBs in the TSDF BSA-1 Enclosure. There are 74 SWBs with 254 inner drums. Of those inner drums, 104 have D001 or D002 codes. The remaining 150 drums have no code. The purpose of this amendment is to support the need to sort and segregate the SWB inner drums into two groups and repackage them back into SWBs. Group one would be made up of SWBs that only have inner waste drums with the D001 or D002 codes, and group two would consist of inner waste drums with no D001 or D002 codes. Group One is estimated to create 26 repackaged SWBs with 104 inner drums with D001 or D002 codes which is approximately 40% of the LANL waste population, and Group Two is estimated to create around 38 repackaged SWBs with 150 inner drums with no D001 or D002 codes which is approximately 60% of the waste population. The purpose of creating the two separate populations is to allow for the Group Two - Non-D001 or D002 coded containers to potentially ship sooner or faster and/or to a separate location than the Group One containers.

In addition, based on the Type B shipment conveyances available to ship this waste, at the time of shipment, because SWBs will not fit into the Type B cask WCS will need to remove the inner drums from the designated SWB for each shipment to load into an approved liner in a four or eight drum configuration, and then load the liner into the Type B Cask. Therefore, WCS is also requesting an additional new condition to the Order to allow the inner containers to be removed from the SWBs at the time of shipment (after the sorting process described above) to allow loading for transport of the waste. The loading of drums into the liners and the liners into the Type B cask may need to take place outside the PermaCon Facility where the SWBs are currently being stored due to space and height limitations within the PermaCon that may not allow for loading of the waste within it.

Technical Basis:

Process Description The general process description consists of the following steps:

1. The SWB is moved to the work area within the PermaCon Enclosure following normal WCS safety practices for moving heavy loads.

2. The SWB is opened.

3. An SWB is examined for container integrity and any potential water intrusion. The water intrusion factor is important as it adds weight to the SWB, which factors into the lifting and rigging plan. Any water is removed from the SWB, analyzed for possible radioactivity, and properly solidified and disposed of using existing WCS processes.

4. The first inner drum to be removed is checked for container integrity from the top.

To date, WCS analysis has not identified any issues with the integrity of the inner drums in any SWB based on borescope results and contamination surveys.

5. The inner drum is removed from the SWB using normal WCS lifting and rigging practices. As the drum is removed, Radiation Protection (RP) staff will check that

radiation levels meet WCS standards for ALARA using existing WCS RP procedures.

Each drum is verified that the dose rate is below 100 mrem/hr at 30 cm, consistent with WCS RP practices.

a. Any drum with a higher dose rate will have additional ALARA controls applied for the container movement out of the original SWB and into the new SWB, consistent with existing WCS RP procedures.

b. WCS does not expect to see dose rates above 100 mrem/hr at 30 cm as the standard when the drums were packed was less than 120 mrem at the outside surface of the drum (e.g., at 0 cm). Generally, most containers were only around 50-60 mrem at the surface of the drum. However, WCS will perform RP checks consistent with current practices for handling radwaste to ensure ALARA is maintained.

If the inner drum has D001 or D002 codes, then it would be placed in a different SWB for drums with the D001 or D002 codes. Alternatively, an inner drum without the codes would be placed in a different SWB for drums with no codes. WCS does not intend to open any inner drums at any point during this process.

All SWBs were originally analyzed to store the inner drums for long-term geologic disposal by DOE.1 This analysis demonstrated that even under fully flooded conditions, which are not likely but used for conservatism, over a long period of time commensurate with long term disposal, the containers remain safe for criticality safety. The analysis also considered compaction, which effectively eliminated the inner drums. With the waste stored in uncompacted drums, spacing is greatly increased from what was analyzed for the purpose of these studies.

Of course, the conditions for these SWBs at WCS prior to, during, and after this sorting process are much less strenuous than what was analyzed. The SWBs at WCS are not buried, not fully flooded, not surrounded by thousands of other waste containers in close proximity, not intended to remain in such a condition for over 10,000 years, and the inner drums are not compacted resulting in the waste being in close proximity.

Based on this, the de-nesting and repackaging process will remain within criticality safety limits.

Inner drums will be repackaged in SWBs following the guidelines for packaging used to create the existing SWBs. Generally, this means each type of waste in an inner drum must be below the specified limit for fissile gram element (FGE). WCS recognizes that FGE is a DOE term. However, these limits reflect how the SWBs need to be packed to meet the DOE requirements. This is how the SWBs were originally packed, and WCS will follow the same limits when repackaging the inner drums so that each SWB remains within DOE limits for long term storage.

1 Brickner, ORNL/TM-2019/1222, "Post Placement Nuclear Criticality Evaluations Involving 6-and 12-Inch Pipe Overpack TRU Waste Containers at the Waste Isolation Pilot Plant," October 2019

6. As each SWB is filled (either with D001 or D002 coded material or with no code material), based on originally manifested activities, concentrations will be recalculated to ensure compliance with our existing approved Operational Limits identified in Exemption Order, EA-23-058. Once a repackaged SWB is compliant with the SNM Operational limit and no additional drums need to be added, the SWB will be closed in accordance with the SWB closure instruction and moved to the storage side of the PermaCon facility.

As each SWB has its inner drums removed, once empty, it may be examined to determine if it may be used for holding the sorted inner drums or if it should be disposed of due to any damage. New SWBs may also be used to hold the sorted inner containers. The next SWB(s) is brought in to have its inner drums de-nested and sorted accordingly.

WCS records clearly indicate the key characteristics of the waste in all inner drums in each SWB. Therefore, consideration will be given in the workflow as to the order of opening SWBs. A load plan will be developed to ensure each final SWB configuration meets the concentration limits in the SNM exemption. Consideration will also be given to efficiently move the SWBs and inner drums within the PermaCon facility given the current placement of existing SWBs within the enclosure.

WCS will try to minimize the time an inner drum is outside of an SWB prior to repackaging. However, it is recognized that some inner drums may need to be temporarily stored outside of an SWB for a time until they can be placed in the destination SWB to meet the concentration limits in the SNM exemption. These inner drums will remain unopened, inside the PermaCon, with any shielding to keep dose rates ALARA.

Requested Changes to the SNM Exemption The requested changes to the SNM exemption are found in Attachment 1. Specifically, a new condition 9.D.3 is proposed. The wording of this condition and its subpoints are intended to allow the activities described in this request to be performed on a limited scope for the purpose of sorting the D001 and D002 and non-coded inner containers.

Additionally, a new sub-condition is also requested to allow WCS to repackage the inner drums into appropriate approved shipping containers for transport to a DOE site. This is necessary as the SWBs are too large to fit directly into liners or the Type B shipping cask for transportation. Therefore, it will be necessary to remove the inner drums from the SWBs and place them in liners for transport. This would only be used if needed prior to shipment to a DOE facility. If it is later determined that the SWBs can be placed directly into another Type B cask, then the inner drums will remain within the SWBs and the SWBs will be direct loaded into the cask outside the PermaCon facility. However, at this time it is believed that all inner drums will need to be removed from the SWBs and placed in liners for transport.

When preparing the inner drums for shipment, WCS will minimize the time from when an inner drum is out of the SWB until it is in the liner or Type B shipping cask for transport. The waste would not be stored outside the Permacon enclosure.

Additional Changes to the SNM Exemption As discussed previously in meetings with the NRC, the SNM Exemption contains some sections that are no longer applicable to WCS holding this material for the DOE. For example, a number of sections refer to when the TRU waste was received at WCS or later placed in the Federal Waste Facility (FWF) in MCCs. Other sections reference the removal of the MCCs from the FWF. As these activities are complete, there is no further need to keep this wording in the exemption. Therefore, WCS recommends the portions that are no longer needed be removed as shown in Attachment 1.

The current exemption is valid until December 31, 2026. Considering the time to develop, review, and approve this request, as well as the time needed for WCS to prepare for and conduct this sorting (once approved), WCS also requests that NRC extend this exemption as part of this request until December 31, 2028. This will eliminate the need to provide an additional change to the exemption in 2026 to extend the date.

No other additional changes are requested beyond extending the date and removing portions that are no longer needed.

WCS is exempted from the requirements of 10 CFR Part 70, including the requirements for an NRC license in 10 CFR 70.3 subject to the conditions listed below. This Order supersedes the 2014 Order, as modified by five NRC letters to WCS dated September 23, 2016 (ML16097A265), September 26, 2017 (ML17234A415), December 19, 2018 (ML18269A318), December 7, 2020 (ML20252A182), and June 8, 2022 (ML22094A131).

1.

Concentrations of SNM in individual waste containers and/or during processing shall not exceed the following values:

SNM Isotope Operational Limit (gram SNM/gram waste)

Measurement Uncertainty (gram SNM/gram waste)

U-233 4.7E-04 7.1E-05 U-233 4.7E-04 7.1E-05 U-235 (10% enriched) 9.9E-04 1.5E-04 U-235 (100% enriched) 6.2E-04 9.3E-05 Pu-239 2.8E-04 4.2E-05 Pu-241 2.2E-04 3.2E-05 When mixtures of these SNM isotopes are present in the waste, the sum-of-the-fractions rule, as illustrated below, shall be used.

The measurement uncertainty values in column 3 above represent the maximum one-sigma uncertainty associated with the measurement of the concentration of the particular radionuclide.

The SNM must be uniformly distributed throughout the waste, such that the limiting concentrations must not be exceeded on average in any contiguous mass of

600 kilograms (kg).

2.

The mass concentration of carbon, fluorine, and bismuth in the waste must be limited as follows:

SNM Isotope Carbon Fluorine Bismuth U-233 28 wt%

34 wt%

34 wt%

U-235(10) 25 wt%

35 wt%

31 wt%

U-235(100) 41 wt%

42 wt%

33 wt%

Pu-239 43 wt%

43 wt%

34 wt%

Pu-241 37 wt%

39 wt%

32 wt%

For waste containing mixtures of C, F, and Bi, the sum of the weight fractions of C, F, and Bi shall be compared to the most restrictive maximum allowable weight fractions for any one of those elements. Similarly, where mixtures of radionuclides are present in the waste, the limiting maximum allowable weight fraction of C, F, and Bi shall be applied.

The presence of the above materials will be determined and documented by the generator, based on process knowledge or testing.

3.

Waste accepted shall not contain total quantities of beryllium, hydrogenous material enriched in deuterium, or graphite above one tenth of one percent of the total weight of the waste. The presence of the above materials will be determined and documented by the generator, based on process knowledge, or testing.

4.

Possession of highly water soluble forms of SNM shall not exceed the amount of SNM of low strategic significance defined in 10 CFR 73.2, Definitions. Highly soluble forms of SNM include, but are not limited to: uranium sulfate, uranyl acetate, uranyl chloride, uranyl formate, uranyl fluoride, uranyl nitrate, uranyl potassium carbonate, uranyl sulfate, plutonium chloride, plutonium fluoride, and plutonium nitrate. The presence of the above

materials will be determined and documented by the generator, based on process knowledge or testing.

5.

Processing of mixed waste containing SNM will be limited to chemical stabilization (i.e.,

mixing waste with reagents). For batches with more than 600 kg of waste, the total mass of SNM shall not exceed the concentration limits in Condition 1 times 600 kg of waste.

6.

Prior to shipment of waste, WCS shall require generators to provide a written certification containing the following information for each waste stream:

a.

Waste Description. The description must detail how the waste was generated, list the physical forms in the waste, and identify uranium chemical composition.

Waste Characterization Summary. The data must include a general description of how the waste was characterized (including the volumetric extent of the waste, and the number, location, type, and results of any analytical testing), the range of SNM concentrations, and the analytical results with error values used to develop the concentration ranges.

b.

Uniformity Description. A description of the process by which the waste was generated showing that the spatial distribution of SNM is homogeneous or other information supporting spatial homogeneity.

c.

Manifest Concentration. The generator must describe the methods to be used to determine the concentrations on the manifests. These methods could include direct measurement and the use of scaling factors. The generator must describe

the uncertainty associated with sampling and testing used to obtain the manifest concentrations.

WCS shall review the above information and, if adequate, approve in writing this pre-shipment waste characterization and assurance plan before permitting the shipment of a waste stream.

This will include statements that WCS has a written copy of all the information required above, that the characterization information is adequate and consistent with the waste description, and that the information is sufficient to demonstrate compliance with Conditions 1 through 4. Where generator process knowledge is used to demonstrate compliance with Conditions 1, 2, 3, or 4, WCS shall review this information and determine when testing is required to provide additional information in assuring compliance with the Conditions. WCS shall retain this information to permit independent review.

At the time waste is received, WCS shall require generators of SNM waste to provide a written certification with each waste manifest that states that the SNM concentrations reported on the manifest do not exceed the limits in Condition 1, and that the waste meets Conditions 2 through 4.

WCS shall require generators to sample and determine the SNM concentration for each waste stream, not to include sealed sources, at a frequency of once per 600 kg if the concentrations are above one tenth the SNM limits of Condition 1. The measurement uncertainty shall not exceed the uncertainty value in Condition 1 and shall be provided on the written certification.

7.

WCS shall sample and determine the SNM concentration for each waste stream, not to include sealed sources, at a frequency of once per 600 kg if the concentrations are above one tenth the SNM limits of Condition 1. This confirmatory testing is not required for waste to be disposed of at DOEs WIPP Facility.

8.

Upon possession, all waste applies towards the aboveground SNM possession limit except the waste: (1) disposed at the WCS Site; or (2) transported off the WCS Site -

unless the waste is transported from the WCS Site to the WCS-owned rail spur.

9.

The WIPP Incident is the February 14, 2014, unplanned radiation release event at the DOE WIPP Facility in New Mexico. The following relate to WCS storing DOE transuranic waste that originated at the LANL, which are destined to be disposed of at the DOE WIPP Facility (i.e., LANL Waste), at either the WCS TSDF or the WCS FWF disposal cell:

A. The following conditions are applicable to LANL Waste stored at the FWF disposal cell and other SNM-bearing waste stored or disposed of at the FWF:

1. The following waste is allowed to be stored at the WCS FWF disposal cell: LANL Waste in accordance with the concentration-based limits specified in Conditions 1 through 7, provided that it is in Standard Waste Boxes (SWBs) analyzed to be safe in the DOE Nuclear Critical Safety Evaluation, WIPP-016, Rev. 4. The lids of the SWBs shall be bolted or similarly secured to the body and the SWBs shall be placed inside Modular Concrete Canisters (MCCs) consistent with the configurations analyzed in WIPP-016.

2. The LANL Waste shall be isolated from other SNM-bearing waste by a minimum of 6.096 meters (20 feet).

3. The LANL Waste in MCCs shall be stacked no more than one MCC high.

A. The following conditions are applicable to all the LANL Waste stored at either the TSDF or the FWF disposal cell:

1. WCS shall follow the general reporting and recordkeeping requirements of 10 CFR Part 74, Material Control and Accounting of Special Nuclear Material, that are applicable to those who possess SNM of 1 gram or more. Those requirements are:

(1) notification to the NRC within 1 hour1.157407e-5 days <br />2.777778e-4 hours <br />1.653439e-6 weeks <br />3.805e-7 months <br /> of discovery of any unauthorized removal of SNM which WCS is authorized to possess; and (2) maintenance of a recordkeeping program showing the receipt, inventory, acquisition, transfer, and disposal of all SNM in WCS' possession.

2. The contents and matrices of the LANL Waste in the inner containers shall conform to the description in the WCS non-public information.

3. The physical security plan for the LANL Waste shall be maintained to specifically include detection, assessment, and response methods and procedures for the LANL Waste for as long as the LANL Waste is at the WCS Site.

4. WCS is allowed to possess the LANL Waste until December 31, 20262028.

5. The LANL Waste shall remain unopened in the inner container in which it was shipped, unless WCS needs to take an action on one of the inner containers based on knowledge from DOE's investigation of the WIPP Incident. Only one inner container may be open at a time.

6. WCS shall keep NRC informed of the status of the DOE investigation of the WIPP Incident. If DOE determines that some of LANL Waste at the WCS Site was similar

to the waste that DOE determines to have contributed to the WIPP Incident, then WCS shall notify the NRC.

C. The following conditions are applicable while moving the LANL Waste from the FWF disposal cell to the TSDF BSA-1

Enclosure:

1. The Final WCS Documented Safety Analysis shall be followed while moving the LANL Waste from the FWF disposal cell to the TSDF BSA-1 Enclosure, including performing the following sub-activities for each MCC:

remove the protective sand layer within the FWF disposal cell, remove the MCC from its FWF disposal cell storage location, place the MCC on the moving equipment, move the MCC into the TSDF BSA-1 Enclosure, and place the MCC in the TSDF BSA-1 Enclosure.

2. While moving the LANL Waste from the FWF disposal cell to the TSDF BSA-1 Enclosure, WCS shall ensure the following:

there is no fuel storage or flammable material areas in either the FWF or near the route from the FWF disposal cell to the TSDF BSA-1 Enclosure, fuel leaks are quickly dispersed and isolated, and there is no vehicle traffic along the route from the FWF disposal cell to the TSDF BSA-1 Enclosure.

D. The following conditions are applicable while preparing the LANL Waste for shipment in the TSDF BSA-1

Enclosure:

1. The Final WCS Documented Safety Analysis shall be followed while preparing the LANL Waste for shipment in the TSDF BSA-1 Enclosure (i.e., under negative pressure with high efficiency particulate air filtration system and temperature control using heating, ventilation, and air conditioning), including performing the following sub-activities for each MCC SWB:

remove the pea gravel from the MCC, and for each SWB in that MCC:

o replace the lifting straps of the SWB in the MCC, o remove the SWB from the MCC, o replace filters in the SWB (as needed),

o add additional filters in the SWB (as needed),

o perform borescope work in the SWB (as needed),

o take air samples from the head space within the SWB (as needed), and o place the SWB in temporary storage within the BSA-1 Enclosure

2. While preparing the LANL Waste for shipment in the TSDF BSA-1 Enclosure, WCS shall ensure the following:

there are no explosive material storage areas in the TSDF BSA-1 Enclosure, and there is no vehicle traffic in the TSDF BSA-1 Enclosure.

3. The concentration limits provided in Conditions 1 and 2 of this Order may be exceeded under the following conditions:

The waste is being repackaged in preparation for some or all of it to be transported to a destination outside of the state of Texas where it will be under the custody of the U.S. Department of Energy.

The waste exceeds the concentration limits in Conditions 1 and/or 2, for any one package (SWB or over packed drum), for less than 60 calendar days during the act of opening Standard Waste Boxes (SWBs) and separating all non-D001 inner

drums from D001 and/or D002 inner drums, for consolidation of all non-D001 and/or D002 inner drums into new SWBs for offsite shipment, and consolidation of D001 and D002 inner drums into existing SWBs for continued storage in the TSDF BSA-1 Enclosure.

1. During consolidation, the inner drums are not opened but may be removed from the SWBs and temporarily stored in the TSDF BSA-1 Enclosure up to 30 days outside an SWB.

2. Each inner drum is checked upon removal from the SWB to verify that emitted radiation levels are below 100 mrem/hr at 30 cm. If the dose rate is above 100 mrem/hr at 30 cm, shielding will be placed around the inner drum to reduce the dose rate to less than 5 mrem/hr at 30 cm.

3. The seal integrity of each inner drum is verified through visual inspection and contamination surveys around the drum lids prior to temporary storage for repackaging, and prior to being placed back into an SWB.

4. Upon completion of the repackaging process for any one SWB, all inner drums are repackaged within an SWB and the SWB shall comply with Conditions 1 and 2 of this Order, and all inner waste drums within any one SWB must either contain all D001 and/or D002 coded drums, at a minimum, or all inner waste drums within any one SWB must not have the D001 or D002 code applied.

Leaving two populations of SWBs stored within the TSDF BSA-1

Enclosure:

1)

SWBs containing non-D001 or D002 inner waste packages for offsite shipment, and 2) SWBs containing D001 and/or D002 inner waste packages awaiting future treatment or removal of the D001 and/or D002 waste codes, and/or offsite shipment.

5. In preparation for offsite shipments, the concentration limits provided in Conditions 1 and 2 of this Order may be exceeded in order to remove the inner containers from the SWBs in order to place the inner containers into an approved

transportation container (including overpacks and liners, as needed) for shipment to a DOE facility to permanently remove the waste from the WCS site.

10.

WCS shall notify the NRC, Region IV office within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> if any of the above Conditions are violated. A written notification of the event must be provided within 7 days.

11.

WCS shall obtain NRCs approval prior to changing any activities associated with the above Conditions.

12.

The Director of the Office of Nuclear Material Safety and Safeguards (or designee),

may, in writing, relax or rescind any of the above conditions upon demonstration by WCS of good cause.