ML17018A136

Lacrossesoultions, LLC, Request for Exemption from 10CFR 20, Appendix G, Section Iii.E

ML17018A136
Person / Time
Site:	La Crosse  File:Dairyland Power Cooperative icon.png
Issue date:	01/16/2017
From:	Gerard van Noordennen LaCrosseSolutions
To:	Document Control Desk, Office of Nuclear Material Safety and Safeguards
References
LC-2017-0005
Download: ML17018A136 (5)

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LACROSSESOLUTIONS January 16, 2017 LC-2017-0005 U.S. Nuclear Regulatory Commission ATTN: Document Control Desk Washington, DC 20555-0001 La Crosse Boiling Water Reactor Facility Operating License No. DPR-45 NRC Docket Nos. 50-409 and 72-046

Subject:

Request for Exemption from 10 CFR 20, Appendix G, Section III.E In accordance with 10 CFR 20.2301, "Applications for exemptions," LaCrosseSolutions, LLC (LS) requests NRC approval for exemption from the requirements of Section III.E of 10 CFR 20, Appendix G, "Requirements for Transfers of Low-Level Radioactive Waste Intended for Disposal at Licensed Land Disposal Facilities and Manifests," to investigate and report to the NRC when LS does not receive notification of receipt of a shipment, or part of a shipment, of low-level radioactive waste within 20 days after transfer. LS is requesting that the time period for LS to receive acknowledgement that the shipment has been received by the intended recipient be extended from 20 days to 45 days for shipments from the La Crosse Boiling Water Reactor (LACBWR) facility. The requested exemption would be applicable to LACBWR truck/rail shipments. The enclosure to this letter provides an evaluation of the request, which includes a description and purpose of the request, as well as justification for granting the exemption.

The requested exemption is similar to one submitted to the NRC on October 27, 2014, by ZionSolutions, LLC for the Zion Nuclear Generating Station Units 1 and 2, and was approved by the NRC on January 30, 2015 in a letter to ZionSolutions, LLC. In addition, the requested exemption is similar to one submitted to the NRC on January 26, 2004, by Southern California Edison Company for the San Onofre Nuclear Generating Station Units 1, 2 and 3, that was approved by the NRC on June 2, 2004 and one submitted by Pacific Gas & Electric to the NRC on September 4, 2009, that was approved by the NRC on December 11, 2009.

This exemption request is not required to address an immediate safety concern. However, LS has been making low-level radioactive waste shipments, and therefore requests NRC approval of this exemption request within six months. If you have any questions regarding this submittal please contact at me (224) 789-4025.

Respectfully, to~~

Gerard van Noordennen Vice President Regulatory Affairs

Attachment:

Exemption Request Evaluation cc: Marlayna Vaaler, U.S. NRC Project Manager Service List S4601 State Highway 35, Genoa, WI 54632

La Crosse Boiling Water Reactor Service List cc:

Ken Robuck Jeffery Kitsembel Group President Disposal and Division of Energy Regulation Decommissioning Wisconsin Public Service Commission EnergySolutions P.O. Box 7854 299 South Main Street, Suite 1700 Madison, WI 53 707-7854 Salt Lake City, UT 84111 Paul Schmidt, Manager John Sauger Radiation Protection Section Executive VP and Chief Nuclear Officer Bureau of Environmental and Occupational Health ReactorD&D Division of Public Health EnergySolutions Wisconsin Department of Health Services 2701 Deborah Avenue P.O. Box 2659 Zion, IL 60099 Madison, WI 53701-2659 Gerard van Noordennen Barbara Nick VP Regulatory Affairs President and CEO EnergySolutions Dairyland Power Cooperative 2701 Deborah Avenue 3200 East Avenue South, Zion, IL 60099 La Crosse, WI 54602-0817 Joseph Nowak Cheryl Olson, ISFSI Manager General Manager La Crosse Boiling Water Reactor LaCrosseSolutions Dairyland Power Cooperative S4601 State Highway 35 S4601 State Highway 3 5 Genoa, WI54632-8846 P.O. Box 817 Genoa, WI54632-8846 Dan Shrum Senior VP Regulatory Affairs Lane Peters EnergySolutions La Crosse Boiling Water Reactor 299 South Main Street, Suite 1700 Dairyland Power Cooperative Salt Lake City, UT 84111 S4601 State Highway 35 Genoa, WI54632-8846 Russ Workman General Counsel Thomas Zaremba EnergySolutions Wheeler, Van Sickle and Anderson, S.C.

299 South Main Street, Suite 1700 44 East Mifflin Street, Suite 1000 Salt Lake City, UT 84111 Madison, WI 53703 Jerome Pedretti, Clerk John E. Matthews Town of Genoa Morgan, Lewis & Bockius LLP E860 Mundsack Road 1111 Pennsylvania A venue, NW Genoa, WI 54632 Washington, DC 20004 .

Regional Administrator U.S. NRC, Region III 2443 Warrenville Road Lisle, IL 60532-4352

LaCrosseSolutions LC-2017-0005: Attachment Page 1of3 Exemption Request Evaluation

1.0 DESCRIPTION

In accordance with 10 CPR 20.2301, "Applications for exemptions," LaCrosseSolutions (LS) requests NRC approval for exemption from the requirements of Section III.E of 10 CPR 20, Appendix G, "Requirements for Transfers of Low-Level Radioactive Waste Intended for Disposal at Licensed Land Disposal Facilities and Manifests," to investigate and report to the NRC when LS does not receive notification of receipt of a shipment, or part of a shipment, of low-level radioactive waste within 20 days after transfer. LS is requesting that the time period for LS to receive acknowledgement that the shipment has been received by the intended recipient be extended from 20 days to 45 days for shipments from the La Crosse Boling Water Reactor (LA CB WR) facility. The requested exemption would be applicable to LACBWR truck/rail shipments.

2.0 PURPOSE As described in Section 3.0 below, LS's experience in December 2016 and historical data obtained from ZionSolutions, LLC (ZS) and Southern California Edison Company indicates that numerous rail shipments could take longer than 20 days, resulting in an excessive administrative burden for LS because of required investigations and reporting. By extending the time for receipt notification to 45 days before requiring investigation and reporting, a reasonable upper limit on shipment duration is still maintained if a shipment is delayed.

3.0 BACKGROUND

Section III.E of 10 CPR 20, Appendix G requires that any shipment, or part of a shipment, be investigated by the shipper ifthe shipper has not received notification of receipt within 20 days after transfer. Each licensee who conducts a trace investigation shall file a written report with the appropriate NRC Regional Office within two weeks of completion of the investigation.

LS is in the process of decommissioning the LACBWR facility. Inherent to the decommissioning process, large volumes of slightly contaminated debris are generated and require disposal. LS transports low-level radioactive waste from the LA CB WR facility to distant locations such as a waste disposal facility operated by EnergySolutions in Clive, Utah.

In December 2016, LS shipped two railcars containing 12 shipments oflow-level radioactive waste to the EnergySolutions' Clive Disposal Facility in Clive, UT. The total transit time between when the first container was released from the LACBWR site until verification of receipt was received for the two railcars ranged from twenty-one (21) to twenty-seven (27) days. This was investigated by LS and reported to the NRC in a letter dated January 9, 2017 (Reference 1). In addition, historical data derived from the experiences of Southern California Edison Company's San Onofre Nuclear Generating Station (SONGS), indicates that rail transportation time to waste disposal facilities frequently exceeded the 20-day reporting requirement. The SONGS data indicates that transportation time for shipments by rail or truck/rail took over 16 days on average and, on occasion, took up to 57 days. In addition, administrative processes at the disposal facilities and mail delivery times could add several additional days.

LaCrosseSolutions LC-2017-0005: Attachment Page 2 of3 The requested exemption is similar to one submitted to the NRC on October 27, 2014, by ZionSolutions, LLC for the Zion Nuclear Generating Station Units 1 and 2 (Reference 2), and was approved by the NRC on January 30, 2015 in a letter to ZionSolutions, LLC granting Zion an extension to 45 days (Reference 3). Another similar exemption from the reporting requirements of 10 CFR 20, Appendix G, Section IIl.E was submitted to the NRC by Southern California Edison Company on January 26, 2004 for SONGS Units 1, 2 and 3 (Reference 4). That exemption was approved by the NRC on June 2, 2004 in a letter to Southern California Edison Company granting SONGS an extension to 35 days (Reference 5). In addition, another similar exemption from the reporting requirements of 10 CFR 20, Appendix G, Section IIl.E was submitted to the NRC by Pacific Gas and Electric Company on September 4, 2009 for Humboldt Bay Power Plant, Unit 3 (Reference 6). That exemption was approved by the NRC on December 11, 2009 in a letter to Pacific Gas and Electric Company granting Humboldt Bay Power Plant, Unit 3 an extension to 45 days (Reference 7).

Disposal of LA CB WR low level radioactive waste will require rail shipments to waste disposal facilities or processors. Rail shipments may sit on the rail spur at a remote railyard (e.g., waiting for the train to depart or allow for railcar repair) and may add to shipping delays that exceed the time of shipments from LACBWR. In addition, administrative processes at the disposal facility and mail delivery times could add several additional days.

Therefore, LS is requesting an extension to 45 days for receipt notification of a rail shipment at the disposal or processing facility.

4.0 JUSTIFICATION FOR EXEMPTION As stated in 10 CFR 20.2301, "The Commission may, upon application by a licensee or upon its own initiative, grant an exemption from the requirements of the regulations in this part if it determines the exemption is authorized by law and would not result in undue hazard to life or property."

(1) The Requested Exemption is Authorized by Law There are no provisions in the Atomic Energy Act (or in any other federal statute) that impose a requirement to investigate and report to the NRC low-level radioactive waste shipments that have not been acknowledged by the intended recipient within 20 days after transfer. Therefore, there is no statutory prohibition on the issuance of the requested exemption, and the NRC is authorized to grant the exemption under law.

(2) The Requested Exemption Would Not Result in Undue Hazard to Life or Property The intent of 10 CFR 20, Appendix G, Section IIl.E is to require licensees to investigate, report, and trace radioactive shipments that have not reached their destination, as scheduled, for unknown reasons. For rail shipments, LS will require electronic data tracking system interchange, or similar tracking systems that allows monitoring the progress of the shipments by the rail carrier on a daily basis. As a result, granting an exemption to LS for LACBWR shipments oflow-level radioactive waste to waste disposal facilities or waste processors results in no undue hazard to life or property.

LaCrosseSolutions LC-2017-0005: Attachment Page 3 of3 The underlying purpose of the 10 CFR 20, Appendix G regulation is to investigate a late shipment that may be lost, misdirected, or diverted. For rail shipments, LS will require electronic data tracking system interchange, or similar tracking systems that allows monitoring the progress of the shipments on a daily basis. As a result, it will be unlikely that a shipment could be lost, misdirected, or diverted without the knowledge of the carrier or LS.

5.0 CONCLUSION

The information provided gives the NRC sufficient basis for granting LS an exemption from 10 CFR 20, Appendix G, Section IIl.E. Under the exemption, LS would not be required to report a late shipment in accordance with 10 CFR 20, Appendix G, Section III.E unless a copy of the signed NRC Form 540 (or NRC Form 540A, if required) acknowledging receipt has not been received by LS within 45 days of the shipment leaving LACBWR. LS will request a daily update to be provided for the location of the conveyance via email. As a result, it will be unlikely that a shipment could be lost, misdirected, or diverted without the knowledge of the carrier or LS.

6.0 REFERENCES

1. Gerard van Noordennen, LaCrosseSolutions, LLC, letter to US NRC Region III, "Report of Investigation Pursuant to 10 CFR Part 20 Appendix G," dated January 9, 2017

2. Gerard van Noordennen, ZionSolutions, LLC, letter to US NRC Region III, "Report of Investigation Pursuant to 10 CFR Part 20 Appendix G," dated October 20, 2014

3. Nuclear Regulatory Commission Letter from John B. Hickman, Project Manager, to ZionSolutions, LLC, Mr. John Sauger, General Manager, re: Exemption from Certain Low-Level Waste Shipment Tracking Requirements in 10 CFR Part 20 Appendix G, Section III.E, dated January 30, 2015.

4. Southern California Edison letter from Mr. Edward Scherer, Manager of Nuclear Regulatory Affairs, to the Nuclear Regulatory Commission, Dr. William Travers, Executive Director for Operations, re: Request for Exemption from 10 CFR 20 Appendix G Section III.E, dated January 26, 2004.

5. *Nuclear Regulatory Commission letter from Mr. William C. Huffinan, Project Manager, to Southern California Edison Company, Mr. Harold B. Ray, Executive Vice President, re: Exemption From Certain Low-Level Waste Shipment Tracking Requirements of 10 CFR Part 20, Appendix G, Section IIl.E (TAC NO. L52615), dated June 2, 2004.

6. Pacific Gas and Electric letter from Mr. Paul J. Roller, Director and Plant Manager Humboldt Bay Nuclear, to the Nuclear Regulatory Commission, re: Request for Exemption from 10 CFR 20, Appendix G, Section III.E, dated September 4, 2009.

7. Nuclear Regulatory Commission letter from Mr. Keith L. McConnell, Deputy Director, to Pacific Gas and Electric Company, re: Exemption from Certain Low-Level Waste Shipment Tracking Requirements in 10 CFR Part 20 Appendix G, dated December 11, 2009.