NRC-92-0073, Comment Supporting Proposed Rule 10CFR50.54 Re Rulemaking to Amend Regulations Governing Conditions of Licenses to Allow Reactor Licensee to Receive Back of low-level Radwaste

Comment Supporting Proposed Rule 10CFR50.54 Re Rulemaking to Amend Regulations Governing Conditions of Licenses to Allow Reactor Licensee to Receive Back of low-level Radwaste

ML20101P429
Person / Time
Site:	Fermi
Issue date:	07/02/1992
From:	Orser W DETROIT EDISON CO.
To:	NRC OFFICE OF THE SECRETARY (SECY)
References
CON-NRC-92-0073, CON-NRC-92-73, FRN-57FR15034, RULE-PR-50 57FR15034-00006, 57FR15034-6, NUDOCS 9207130023
Download: ML20101P429 (3)

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+ M.z n July 2. 1992 NRC-92-0073 Secretary. U.S. Nuclear Regulatory Commission Attention

Docketing and Service Branch Washington. DC 20555

References:

1) Fermi 2 NRC Docket No. 50-341 URC License No. HPF 43

2) 1;RC Proposed Rulemaking to Amend 10CFR50.54 to Allow Receipt Back of Low Level Radioactive Waste: Federal-Register Notice 57 FR 15034. dated April 24. 1992.

3) NRC Commission " Policy Statenient on Low-Level Radioactive Waste V 1ume Reduction": Federal Register Notice '.o FR 51100, dated 10/16/81.

Subject:

Det roit Edison Comments Endorsing the NRC's Proposed ^

Rulemaking to Amend 10 CFR 50.54 to Allow Receipt Back of Low Level Radwaste Per Reference 2. the NRC is proposing to amend its regulations governing the " Conditions of Licenses" to' allow a reactor licensee to '

receive back Low Level Radioactive Waste (LLRW) that is produced by the operating reactor af ter that waste has been shipped of faite. to be processed. The purpose of this letter is to provide Detroit Edison's endorsement of the proposed Rulemaking to so amend 10 CFR 50.54 of the Commission's Regulations.

Detroit Edison fully endorses the proposed amendment to 10 CFR 50.54

" Conditions of Licenses", to allow reactor licensees to receive back LLRW generated at the plant and shipaed of f aite for processing. This approach by the NRC will' be benefici since its (1).risolves the license authorization issue; (2) eliminates 'significant URC and licensee resources which would otherwise be required to prepare, process and approve individual amendment requests to Part 50 Facility Operating Licenses (3) allows _ licensees to ' temporarily store LLRW more ef ficiently by authorizing return af ter volume' reduction activities; (4) neither canctions, nor encourages.- long-term onsite LLRW storage; and (5) is not counter to the intent of Congress in its 0

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USNRC July 2. 1992 NRC-92-0073 Page 2 authorization of the Low Level Radioactive Waste Policy Amendments Act (LLRWPAA), which mandates States to ensure that adequt te disposal capacity is available by January 1,1996.

LLRW generated by nuclear power reactor licensees is frequently processed at commercial offsite facilitica before being sent to a disposal facility. Such of fsite processing, typically compaction or incineration, significantly reduces the overall volume of the LLRW that must be sent to the disposal site. Under the provisions of the LLRWPAA the three operating dispocal sites in the United States can close to many licensees, on January 1.1993. This access .s ialready unavailable to some LLRW generators, such as the Fermi 2 Nuclear Power Plant, in Michigen. As a result. Detroit Edison is temporarily storing Fermi 2 LLRW in its On-site Storage Facility (OSSF).

The OSSF provides interim storage capacity for only a limited amount of LLRW. The LLRW volume reduction is utilized to reduce the volume of LLRW in storage and to extend the time before the OSSF is filled. This is concistent with the Commission's Policy Statement in Reference 3. Current power reactor licensees, such as Detroit Edison Fermi 2. have facility operating licenses that do not have a provision allowing to receive back LLRW shipped of f site af ter such volume reduction proccising. This lack of provision bars Detroit Edison f rom more ef ficiently utilizing its OSSF under the current situation, since commercial waste processors can achieve greater volume reduction than available on-s?te.

Since beitig denied access on October 10 1990 no shipments to burial sites have occurred from Fermi 2. One shipment of 765 cubic feet of Dry Active Waste (DAW) was made to Chem Nuclear at Channahon.

Illinois, for processing on June 27, 1991. following a successful court appeal of the prohibition on burial of Michigan LLRW. . Following processing. Detroit Edison expected the shipment would be sent to Earnwell. South Carolina, for' final disposal. However, on August 24 1991, the 6th circuit court reinstated the prohibition. Due to the lack of provision in the current Fermi 2 license allowing retu.rn of processed LLRW. Chem Nuclear had to seek extensions from the Illinois Department of Nuclear Safety (IDNS) to maintain possession of the waste. Currently IDNS has permitted Chem Nuclear to retain the waste at Channahon only until December 31. 1992. The proposed rule would allow Detroit Edison to receive the waste back if burial site access is not obtained thereby avoiding the need for Chem Nuclear to seek further extension from IDNS.

Detroit Edison recognizes the _ Commission's unf avorable view on long-term onsite storage of LLRW. unless all other avenues involving current ef forts to achieve agreements between States- and regional compacts, including the implementation of additional State funded stora[e capacity, are fully exhausted by the licensee. Detroit Edison fully intends to continue to be actively involved in these ef forts.

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USNRC July 2, 1992 NRC-92-0073 Page 3 This proposed amendeent should not hinder the establishment of additional dispocal capacity by the States, and yet, consistent with NRC regulatory saf ety requirements, petuit s the neccccary interim operational flexibility needed by licensees such as Fermi 2.

Detroit Edison appreciates the opportunity to comment on the proposed Rulemaking for amending 10 CFR 50.54 and strongly encourages approval prior to December 1992. If you should have any questions or comments on this letter. pleace contact Mr. Terry L. Riley, Supervisor Nuclear Licensing at (313) 586-1684.

Sincerely.

ec: T. G. Colburn A. 3. Davis M. P. Phillips S. Stasek