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| {{#Wiki_filter:May 10, 2021 Mr. Joseph J. Weismann, CHP Vice President, Radiological Programs U.S. Ecology, Inc. | | {{#Wiki_filter:}} |
| 251 E. Front St., Suite 400 Boise, ID 83702
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| ==SUBJECT:==
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| REQUEST FOR EXEMPTIONS FROM 10 CFR 30.11 FOR VERMONT YANKEE NUCLEAR POWER STATION ALTERNATE DISPOSAL OF LOW-ACTIVITY WASTEWATER AT US ECOLOGY IDAHO
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| ==Dear Mr. Weismann:==
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| By {{letter dated|date=May 20, 2020|text=letter dated May 20, 2020}} (Agencywide Documents Access and Management System (ADAMS) Accession No. ML20157A123), as supplemented by {{letter dated|date=September 21, 2020|text=letter dated September 21, 2020}} (ADAMS Accession No. ML20290A492) and e-mail dated March 15, 2021 (ADAMS Accession No. ML21075A144), NorthStar Nuclear Decommissioning Co., LLC (NorthStar or the licensee) submitted to the U.S. Nuclear Regulatory Commission (NRC), a request for alternate disposal of approximately 2,000,000 gallons of wastewater. The water is associated with the decommissioning of the Vermont Yankee Nuclear Power Station (VY) and contains low concentrations of fission and activation products resulting from VY operations. The alternate disposal provision contained in Title 10 of the Code of Federal Regulations 20.2002 (10 CFR 20.2002) permits a licensee to request NRC approval for alternate disposal procedures. NorthStar plans to dispose of this material at the U.S. Ecology Idaho (USEI)
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| Resource Conservation and Recovery Act Subtitle C hazardous disposal facility located near Grand View, Idaho.
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| Additionally, as USEI is not an NRC-licensed facility, USEI submitted, by {{letter dated|date=May 4, 2020|text=letter dated May 4, 2020}} (ADAMS Accession No. ML20174A590), a request for an exemption from the licensing requirements of 10 CFR 30.3 to allow for the transfer to, processing, and disposal of the wastewater containing byproduct material at the USEI facility. Specific exemptions to the licensing requirements of 10 CFR 30.3 are provided for under 10 CFR 30.11.
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| To obtain approval for 10 CFR 20.2002 alternate disposals, the NRC requires that the licensee demonstrate that doses will be below regulatory limits and be maintained as low as reasonably achievable. The NRC has determined that this limit requires a licensee to demonstrate that the dose to a member of the public (including all exposure groups) is no more than a few millirem per year per SECY-07-0060, Basis and Justification for Approval Process for 10 CFR 20.2002 Authorizations and Options for Change (ADAMS Accession No. ML062050587). The NRC has evaluated the potential doses associated with waste handling and disposal as a part of its review of NorthStars 10 CFR 20.2002 request. The NRC determined that the projected doses
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| J. Weismann to individual USEI workers have been appropriately estimated and meet the NRCs alternate disposal dose requirement of not more than a few millirem per year. Independent review of the post-closure and intruder scenarios at USEI confirmed that the maximum projected dose over a period of 1,000 years is also not more than a few millirem per year as described in the enclosed SER (ADAMS Accession No. ML21081A085).
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| When a licensee obtains approval to send radioactive material to a non-licensed disposal facility, the disposal facility must either obtain a license or an exemption from the NRCs licensing requirements. In accordance with the provisions of 10 CFR 30.11, the Commission may, upon application by an interested person or upon its own initiative, grant such exemptions from the requirements of the regulations as it determines are authorized by law and will not endanger life or property or the common defense and security and are otherwise in the public interest. To the extent that the material authorized for disposal in this § 20.2002 approval is otherwise licensable, the NRC staff concludes that the site authorized for disposal is exempt from these requirements. The enclosed safety evaluation report (SER) (Enclosure 1) concludes that the exemption is authorized by law and will not endanger life or property or the common defense and security and is otherwise in the public interest. The NRC staff also evaluated the environmental impacts of the exemption and determined that granting the exemption would not result in any significant impacts. For this action, an Environmental Assessment and Finding of No Significant Impact were prepared (Enclosure 2) and was published in the Federal Register on May 7, 2021 (86 FR 24675). Accordingly, pursuant to § 30.11, the exemption request, as described in NorthStars and USEIs submittals, is granted and effective immediately.
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| In accordance with 10 CFR 2.390 of the NRCs Agency Rules of Practice and Procedure, a copy of this letter will be available electronically for public inspection from the Publicly Available Records component of NRCs ADAMS. ADAMS is accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html.
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| Sincerely, Signed by Holahan, Patricia on 05/10/21 Patricia K. Holahan, Director Division of Decommissioning, Uranium Recovery and Waste Programs Office of Nuclear Material Safety and Safeguards Docket No. 50-271 License No. DPR-028
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| ==Enclosures:==
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| As stated cc w/enclosures:
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| Vermont Yankee ListServ
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| J. Weismann Ms. June Tierney, Commissioner Vermont Department of Public Service 112 State Street - Drawer 20 Montpelier, VT 05602-2601 Ms. Natalie Creed, Hazardous Waste Bureau Chief Waste Management and Remediation Division Idaho Department of Environmental Quality 1410 N Hilton Street Boise, ID 83706 Corey R. Daniels, ISFSI Manager NorthStar Nuclear Decommissioning Co., LLC Vermont Yankee Nuclear Power Station 320 Governor Hunt Road Vernon, VT 05354
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| Ltr ML21082A125
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| * via email OGC/GCRPS/RMR OFFICE NMSS/DUWP/RDB NMSS/DUWP/RTAB NMSS/DUWP/RDB
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| /NLO*
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| NAME JParrott JP CMcKenney CM BWatson BW AGendelman AG DATE Mar 24, 2021 Mar 26, 2021 Mar 26, 2021 Apr 28, 2021 OFFICE NMSS/DUWP NAME PHolahan PH DATE May 10, 2021}}
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