ML20352A352

Comment (2) of Janet Schlueter on Report on Changes to Low-Level Waste Burial Charges

ML20352A352
Person / Time
Site:	Nuclear Energy Institute
Issue date:	12/17/2020
From:	Schlueter J Nuclear Energy Institute
To:	Office of Administration
References
85FR73299 00002, NRC-2020-0233
Download: ML20352A352 (4)

Text

Page 1 of 1 SUNI Review Complete Template=ADM-013 E-RIDS=ADM-03 ADD: Emil Tabakov, As of: 12/17/20 3:07 PM Fred Miller, Patricia Received: December 17, 2020 Thomas-Cline, Mary Status: Pending_Post PUBLIC SUBMISSION Neely Comment (2)

Tracking No. kit-6udx-yolo Publication Date: Comments Due: December 17, 2020 11/17/2020 Submission Type: Web CITATION 85 FR 73299 Docket: NRC-2020-0233 Report on Changes to Low-Level Waste Burial Charges Comment On: NRC-2020-0233-0001 Report on Waste Burial Charges Document: NRC-2020-0233-DRAFT-0003 Comment on FR Doc # 2020-25324 Submitter Information Email: atb@nei.org Organization: Nuclear Energy Institute General Comment See attached file(s)

Attachments 12-17-20_NRC_NEI Industry Comments on Draft NUREG-1307 Rev 18 LLW Burial Charges https://fdms4.fdms.gov/fdms/getcontent?objectId=09000064849a63c6&format=xml&showorig=false 12/17/2020

JANET R. SCHLUETER Sr. Advisor, LLW and Fuel 1201 F Street, NW, Suite 1100 Washington, DC 20004 P: 202.739.8098 jrs@nei.org nei.org December 17, 2020 Office of Administration Mail Stop: TWFN-7-A60M U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 ATTN: Program Management, Announcements and Editing Staff Submitted via Regulations.gov

Subject:

Industry Comments on Draft NUREG-1307, Revision 18 Report on Waste Burial Charges:

Changes in Decommissioning Waste Disposal Costs at Low-Level Waste Burial Facilities, [85 FR 73299; Docket ID NRC-2020-0233]

Reference No: 689

Dear Program Management,

Announcements and Editing Staff:

The Nuclear Energy Institute 1 (NEI) is pleased to comment on Draft Revision 18 of NUREG-1307, Report on Waste Burial Charges: Changes in Decommissioning Waste Disposal Costs at Low-Level Waste (LLW) Burial Facilities. We appreciate the Nuclear Regulatory Commission (NRC) continuing to solicit public comments on the proposed revisions to this important guidance document since it helps inform decommissioning funding plan submittals by NRC licensees.

1. Very Low-Level Waste Volumes: As we stated in our December 5, 2018 letter on Revision 17, there is a need for NRC to accurately reflect the fact that vast volumes of very low-level wastes generated during the decommissioning of nuclear facilities are currently approved by NRC and Agreement States for alternate means of disposal at a much lower cost than burial as Class A waste.

As such, the current calculated decommissioning funding for waste disposal continues to be grossly over estimated. While VLLW disposal is briefly discussed on pages vii-viii of Revision 18, additional NUREG modifications are necessary to reflect this currently allowed disposal practice and thus reduce the calculated funding. Further, the NUREG might need to be modified to reflect potential future agency decisions on related ongoing regulatory initiatives, e.g., disposals pursuant to 10 CFR 20.2001 or 20.2002.

1 The Nuclear Energy Institute (NEI) is responsible for establishing unified policy on behalf of its members relating to matters affecting the nuclear energy industry, including the regulatory aspects of generic operational and technical issues. NEIs members include entities licensed to operate commercial nuclear power plants in the United States, nuclear plant designers, major architect and engineering firms, fuel cycle facilities, nuclear materials licensees, and other organizations involved in the nuclear energy industry.

Office of Administration December 17, 2020 Page 2

2. Inappropriate and Unsupported References to Future Shortfalls and Enforcement Action Should be Removed: Page viii of Draft NUREG-1307 states that licensees with no disposal site within their designated LLW Compact may want to set aside additional decommissioning trust funds to avoid significant future shortfalls in funding and potential enforcement actions. NEI previously commented on this same language, which was contained in the draft of Revision 17 of NUREG-1307 issued for public comment on November 5, 2018. 2 As we pointed out in our December 5, 2018 comment letter on Revision 17, 3 there is no support or regulatory basis for the suggestion that licensees should set aside additional funds now, in some unspecified amount, to avoid significant future shortfalls and potential enforcement actions that may arise due to unknown and unspecified changes in the availability of low-level waste disposal facilities at some unspecified point in the future. The NRC minimum funding certification amount established by 10 CFR 50.75(c) is just thata regulatory minimum. In determining the minimum funding amount, 10 CFR 50.75(c)(2) further states that the waste burial escalation factor is to be taken from NUREG-1307. As such, there is no shortfall and no basis for enforcement action so long as a licensees decommissioning fund is greater than or equal to the minimum funding certification amount incorporating NUREG-1307 escalation factors. 4 Notably, this statement was removed from footnote (c) on page 7 of the final version of Rev. 17, and a similar statement contained in the Forward to Rev. 17 was revised to remove the reference to significant future funding shortfalls. 5 Given our comments on Rev. 17 and the discussion provided above, NEI respectfully requests that the following sentence beginning on line 20 and ending on line 22 of page 7 of Rev. 18 be deleted: Accordingly, given these considerations, licensees may want to set aside additional funds to avoid significant future shortfalls in funding and any associated potential enforcement actions. This statement is completely speculative, has no regulatory basis, and inappropriately foreshadows enforcement action for future violations that have not yet materialized and that are not reasonably foreseeable. 6

3. Minor Edit to Exhibit A, page 6: The stated Adopted date of February 28, 2013 should be changed to the more recent Adopted date of October 17, 2018 which was, as correctly stated, Amended to be Effective November 8, 2018. 7 2

Report on Changes to Low-Level Waste Burial Charges: Draft NUREG; request for comment, 83 Fed. Reg. 55,409 (Nov. 5, 2018).

3 Industry Comments on Draft NUREG-1307, Revision 17, Report on Waste Burial Charges: Changes in Decommissioning Waste Disposal Costs at Low-Level Waste Burial Facilities, December 5, 2018.

4 To be sure, even when licensees have experienced shortfalls, the NRC has appropriately adopted a flexible, case-by-case approach consistent with maintaining reasonable assurance that adequate decommissioning funding will be available when needed. The NRC should avoid imposing artificial requirements regarding the frequency of funding adjustments and should instead focus on the long-term planning and investment horizons applicable to decommissioning funding.

5 Report on Waste Burial Charges: Changes in Decommissioning Waste Disposal Costs at Low-Level Waste Burial Facilities, Final Report, NUREG-1307, Rev. 17 (Feb. 2019), at pgs. 7 and viii.

6 NUREG-1307 provides no explanation for why this non-existent shortfall would be significant or how a licensee would determine the appropriate amount of additional decommissioning trust funds that should be set aside.

7 Texas Commission on Environmental Quality, Chapter 336 - Radioactive Substance Rules, Subchapter N: Fees for LLW Disposal Effective November 8, 2018 [Publicly Available]

Office of Administration December 17, 2020 Page 3 We trust NRC staff will find these comments useful as it proceeds to finalize NUREG-1307, Revision 18. We would be pleased to answer any comments or questions you might have on the contents of this letter. I may be contacted at jrs@nei.org or 202-739-8098.

Sincerely, Janet Schlueter c: Ms. Patricia Holahan, NMSS/DUWP Mr. Emil Tabakov, NMSS/REFS/FAB