ML20127E018

Discusses Div Activities Re Transportation Program as Indicated in Encl Draft Commission Paper.J Bridge Hired to Coordinate Program.Model Study Well Known by Appropriate Staff.W/O Stated Encl

ML20127E018
Person / Time
Issue date:	07/16/1982
From:	Cunningham R NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
To:	Mausshardt D NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
Shared Package
ML20127D848	List: IA-84-821, Discusses Div Activities Re Transportation Program as Indicated in Encl Draft Commission Paper.J Bridge Hired to Coordinate Program.Model Study Well Known by Appropriate Staff.W/O Stated Encl ML20127D844 ML20127D871 ML20127D898 ML20127D924 ML20127D953 ML20127D974 ML20127D990 ML20127E018 NUREG-0725, Further Response to FOIA Request for Eight Categories of Documents Re Nuclear Spent Fuel Transportation.Forwards Apps E & F & Portions of App G Documents.Portions of App G Documents Withheld (Ref FOIA Exemption 5)
References
FOIA-84-821 NUDOCS 8506240399
Download: ML20127E018 (4)

Text

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SNITEJ STATES gNUCLEAR REGULATCRY COMMISSION

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MEMORANDUM FOR: Donald B. Mausshardt, Deputy Director Office of 4uclear Material Safety and Safeguards  ;

& FROM: Richard E.Cunningham, Director ]

<, Division of Fuel Cycle and Material Safety  ;

SUBJECT 3

\ TRANSPORTATION PROGRAM AT NRC (NMSS82-679) d a , ,.

This ref3rs 6 'your memorandum on the same subject. It states a need to pull the program together, both internally and externally, and shows a high lovp1 of concern as ijidicated by the number of memoranda Mr. Davis hag writfen on the subject over the past year or so. We share this concern a,nd, are working hard to resolve the problem. ,

Thememorkn$a-f Mr. Davis have resulted in a number of activities undertaken by th Division as indicated in the attached draft Corimission paper. This draft,was forwarded to Mr. Davis by separate memorandian

. .-k -ddition to these. projects, I have reprogrammed resources within the Division to achieve -the particular goals emphasized by Mr. Davis. This -

includes such activities as expanding our radiological assessment and emergency planning capability. I have hired Ms. Junior Bridge specifi-cally to coordinate our efforts to improve management in the overall-program. She reports directly to me. In the long term, we will probably undergo further internal organizational adjustments to better manage the program.

In attempting to pull the program together while keeping critical work moving, IJn faced with one difficulty which you might be able to help

.3 A Q resolve.

r Your memorandum discusses a meeting in which participants lacked knowledge about the Modal Study. This was unfnrtunate, but the study is well know by appropriate staff. It was approved by the Commission and fully coordinated with DOT. The study is a long-term research 8506240399 850301 kA B21 PDR g

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prdect (eMiged by RES) leading to a reexamination of our basic design criteria. :k. Long, who concentrates on energency planning and is fairly ]'

new in the transportation area, would have little reason to know details ,

about the Modal Study at this point.

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Richard E. Cunningham, Director Division of Fuel Cycle and Material Safety

Enclosure:

As stated cc:, Mr. Davis (w/o encl.)

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• rg.1 nedssa i sd..u. No. us i Monday. My 2. tere i Nebee  :

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/ For the purpose of developing. */ embisctis esityneaseles af 6s" , ,--

os,,AnTuaxy orTmussronTATION i e.iabashing.=dimpt -ting l .

.ne norwm d n,se rn.eidet ryc widussa '

eenstaient and - ? !'e com we seguis hr * . ..

. - p ., . tions and requirements for the thepe ask treesportause of a3  :

Transportatfod of nedleestse . transportation of radioactive redloadive.matadals as a part ofIts Caterials; Memorandism of. matadala, and avoiding duplication of . overau body of Feders! regulations (4s .

understanssng 1

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. effort,the DUT and the NRC agree. CFR Parts 100199) for b packaging .-

.- subject to their rupective statu and transportation of a0 kamardous -

He roles of the DepartmenM uc ar authorities, as fo!!aws. Terms us in materials. ' '. . . -

T riaH,on and , this agreement are denned In 49 B.na NRC wiB adoptpackaging Regul ry ,, ,, g ,,, ,g ,,. Parts 100-190 and ID CFR part 71.

' standards for SaaBe materials and for .. ~^

eri$ wen s b to a L Development ofSafe'ty Standan s' Ruj[0 *t l'

• dal* .

memorandum of understanding sign an June a.1979.The present Arb DOT (6 cansdtadon with the ya og 4 46 j NRC1 will d'evelop safety standards for imposlas cIn its li-aaa administrativa. la .

memorandum supersedes a 1973 hMalficadon of ndioacdve ~ pdural, and twical ts *

• cgreement between the Atomic Energy meedals- for & design sped 5cadons numary wrotM hashh **#~ 8 -

• Commission and the Department of ind p=r'- *ma rquinments of ~ and eefety and to assurs the commah Transportation. A text of the ""' '

packages for quantities of radioactive . ! pefense andsecudty. .

memorandumis set forth below. materials (other than Bas!!e matadals) C b NRC will adopt procedures.

. not ew=aang A limita and for low .l standards, and criteria for approval el '

Radioactive Matadals

.' - '* specific activi redioactive designs and for approvated .

24bstreet. %Is agreement delineates meterials: for e external. radiation ~. *: spec! packs [ transport controls proposed by the respective responsibilities of the Gelds.1abe!1cg. at;d marking of all . " - the appUcant for a given chase deM .

DepartmenteT Transportatf 6nIDOD radioactive materials packages s'nd-* The NRC w!D require its consees to

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.end the Nuclear Regulate Comm! slon vehicles: for the mechanical conditions. comply with the DOT regulations when

• lNRC) for the regulation o safety in construction requirements, and tie down those persons are'not otherwise subject transportation of radioactive materials. requirements of carrier equipment: for to the DOT regulations. *

• It sapersedes the existing agnement the qualifications of carrier personnek -

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executed on March 22.1973, between - for the procedures for loading. ~ UI*CM 8'Y . - ' ' ' * " . * . ;. .

the DOT and the Atomic Energy unloading. handling, niid storage in A.no DOT wUl submit to the NRC -

Commtaaton. GeneraDy the DOTla b.-. 4. transit: for any special transporf ... *

. :./for review the foBowing package e" responsible for regulaung safety in controls (excluding safeguards) designs: . ~. J.- '

transportation of allhazardous. . .

necessary for radiation safety during , 1. SpeciScation contalnars. Appro' val materials, including radioactive *

• cardage:.and for an other safety '

by the NRC of package dealgns for

. al g he NRC la responsibts . . requirements except those specified in fissile matelals and for~ radioactive I for regulating safety 1n receipt. ._ ... . the next paragraph. ....~.. .

materials (other than ISA matedals) in possessfon, use, andtransfer of " . " ' ' B.The NRC (In consultatibn with the quintities exceedingType Alimits will' byproducts source. and special nuclear DOT) will develop safety standards for matenals.%e NRC nylews and design and performance of packages for be designsobtained in the DOTbefore publication of such regulations. .

• approves or denies approval of package . fissile materials and for quantiticaof- 2; Packages with foreign certification. '

designs for fissile materials and for other radloacuve materials (other than - Approval by the NRC will be obtained other radioactive materials (other than iSA materials) exceeding Type A limits befors revalidation of the fore!sa . . ,

low specific activity matedals)in in the foHowing areas: . certificates required in the DOT '..

quantitles exceeding Type A limits, as - . . L Structural materials of fabricatfort: 5 regulations for packags shipped . .

defined in 10 CFR Part 71.

" - between' origins and destination's within Agreement between tAe DOTond fA' 2. C!caure integ-ity;

3. Structurat devices: ' ' " ' - -

the United States except forimport and .

NRC The Department of Transportation 4. Criticality control; export shipments. Approval by the NRC (DOT). under the Transportation of 5. Containment of radioactive "* La not required if a package is used ,

Explosives Act (18 USC 831-835). the .--* solely for ekport or import or if a . . .

Dangerous Cargo Act (R. S. 4472. as - m aterfah .. . ' package is authorized by the DCT!*

l 6. Shidding .

amended. 4e UAC 170). Title VI and 7. Generation of internal pre:sure; regulations soldy for transportation 902(h) of the Federal Aviation Act of ,

8. Internal contamination of ackages. through or over the United States .

1958 (49 USC 1421-1430 and1472(b)). 9. Protection against internaf .

between ongins and destinations the Department of Transportation Act . -

outside the United States. the DOT *has (49 U.S.C 1855), and the Hazardous - thentin8 *^d .

the raponsibility for exercising - -

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• Matedals Transportation Act (49 USC ,ges g" discretion as to whether it requests NRC 1801-1812).1s required to regulat's safety Uo 'te'tl 8' *. -

• in the transportation of hazardous t

, , , d ust . .- review

3. Anyof such packages.l package for whic h NRC ,

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me terials, including radioactiva EQ '.*. if.*Adophon of Safety Stonderdt and - . evaluation la warranted in DOT optnlon.

materials.. . 6.. s.2 ",;5'.. . . Regulat/ons .h" "

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u. r . B.ne NRC will evaluate pachage ]

ne Nuclear Regulatory Commisalon 3, n, p'OT will adopt' regulations designs for Basue materials and for (NRC) under the Atomic Energy Act of impo Ing on shippers and carriers other radioactive matedals (piher than

• 1954. as amended (42 USC Chapter.23). subject to its jurisdiction those ISA matedals) in quantities exceeding and Section 201 of the Energy' standards developed by the DOT and Type A limits and will. lf satisfactory,

.. , Reorganization Act of1974, as amended the NRC pursuant to Section I of this

• lesus approvals therefor (viz, a IIcense.

(42 U.S.C sa41). is authodzed to license Aiemorandum of Understanding and any

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Certificate of Com!!ance. or other 4

and regulate the receipt. possesslorc use;- a dditionairequirements necessary to ' package approval) directly to the person

. and transfer of'by product material. ' protect the.public health and safety.The requesting the approval. .

source material.' and "special nuclear - - ~ * ~

- D OT 'will "9"'" "EE# 'al of M88'P"ectson ondLforcement ,  ;

material'(as deKned in 42 USC 2014) ' designs of packages for shipment of ' ' -

ge NRC suthenty to license air .. fissile materials and other radioactive A.Each agency wiu conduct an shipment of platordumis further , , ;;- . materials in quantities exceeding T .3 ,

.. governed by Pub.l.44-g 3.p., . A jgmiggjexc gg LS4 m g.,g ,,,,,

t,; by within b.

its .. . . Inspection jurisdiction lo assure and ,- enfo

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1.~: ' ~ . compII*nC* *@.I.I*MW*T.Y.O.%l

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'secwe aseset she DOT.as taproprum. 3 im.ed.as! Aiemis neery anisagreemestshanidesans '

e as tospesehs shipywe of Smue assensk SAEA) kleasing eartBesta e poo the sipsing by asihedoed .

andafseerradi.ned, metadahin .empeient soihanty ser as united =presentes,es of as sospeen .. ;,g Type Aholes. States seder thesensdatione. the DOT agendes. and she5 espersede la me  : .

genesiales entirety b March ga.tra, NRCwSesasek. wE for certala pe other

& He DOTand

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&as spedScados een Memorandum of Understanees ensk eeher en the results of thstr. - between the DOT and the Atomas ..-

sospecdve laspections k to aseos NRC approvalla accordsome with

• SecdonIILA of this Memorandum of Energy r"- aa a . . -  ; , . .,

where his results are related to to other 'C Nothing la tida Meadornados of . '

s requirements, and each wlIl Understandias. The NRC wlE provide to the national competent authority (DOT) Understanding is latended to restrict the - -

enforcement action as it deems appropdate within the limits ofits gechnical support and advice pertaining statutory authority of either the DOT ar -

eetherity. - . . . to the transportation of radioactive , the.NRC. 7 . ,q ..,. . . . . . '

maktfala.

y. Accidens andIncidents -

Dans at wombinstem.D.C is wipacaisy d Nd"3o3m'$5"'-l ,. 3, @ a'. ...~i 1

sae!"iX"#e"#"*"

and repoaks k b DOT of seddenia "uC='."on . % ,. m m o b o igr u

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Incidents, and lastances of actual or - *dmWshd" 88d safeII t"I

• Adailatsonsor. Aassersa andspaalah- *-

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~ a8Pects d transpodadon o Soacdvs enspected leaks 88 involving radioactive  : p,gyra,. Ag ;,g,,,,j,g % - ,f i ,,

• material packages if such an ennt materials.no NRC wt!! provide . . nonsperseefas ~

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technical support and advice to the DOT

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eccurs in transit and the DOT wW

promptly notify the NRC of such events. k 61 capd$ . ~. -

r M*d8"*"'8'%1-i"'- ":. <*

- B.no NRC will require ofits l***,b M. Hamada. ...f ..s .. .p. ': ?? : ,- c Bcenwes b ar,tification and reporting ; YR.Excharigeoffnformation J - 1-4 to the NRC of acddents. Inddents, and A.Pdor k lasueca day leguhuou Chaliaan & clear Aeyuleaney ' ,

lastances of actgl or suspected leakage I*"""*"*'*****8-*

by elbr b DOT or b NRCinvolvkg **** **** '"***JdM.'I ~ ~U[, .. .'O'i inv:lving radlosctive matedal packages transportation of radiasctive matedale. . -

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If such an event occurs pdor to delivery :. each agency wGl advise and consult 830 carrier for transpat or aAer with the other to avoid possible conAict

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delivery to a receiver.The NRC[and .i la regulations and to assure that:(1) the

.3 encourage the Agreement States ,

'i nguhumaMH akrd ad .-

protection of the health abuah tlw DOT.wiH encourage se non- safe' of the Agrament States to impose incident public(2)the effect of these ..'

,gg og gg,g,,g g ,,,,, tions . . .g .

npo.rting nqu!rements on s!qpers and , '.,

receivers subject to,the States defense and security of the United .' 7' jarlsdicdos. . .

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States; and (3) b regulations are in the, ..'

.3. k =H ace'.te,nts.Incide. .and public hkrut. 1 . .

instances of *sutual or ouspe edleakage tavolving packages of redloactive

g. DOT M eNR M ' . . .J material regulated by the NRC. the NRC exchange information, consult and W ,

assist each oeer.wi&in b anos # , .

wiH normauy be thelead agency for ..;

~ ,.,,. .

. InvestIgeting the occurrence and .'" . l . their special competence .. in thedevelopment and enforcement of pnpering the report of the investigation. ngulations and procedures.Each N DOT mey either participate as agency will make available to the other. .

appropriate. in the investigation with the subject to security nquirements and ,

NRC as the lead agency or conduct a statutory provisions affee the release t separate investigation. Subsequent to " .

'IIAI"*'I'" summaries o inspection as ch investigation involving radioactive needs. innstigations of seHous -- .

material regu!sted by the NRC, the NRC accidents, and other matters relating to i

.cnd the DOT will jointly define h'e scope' safey in b transpodada of , .. .i .

sf b enforcement actions to be taken radioscun matedals. ,,

by each agency to assure that shippers -- ' -

cnd carriers are subject to concurrent VllL Working Arrongements he NRC and b DOT willdesignate .

'9"da'ly eu j y to 8PPropriate staff representatives and  ;

caforcement sedone. .:t. I willestablish joint working - -

D.nis section V does not affect the . arrangements from time to time for the i

'cuthority of the NationalTransportation .,g

, , .,4 Safety Board, which is independent of < hurpose emorandum of administering this of Understanding. . ,. f * . -

b DOT and the NRC. td receive"I. . -.

ZE Effect . ,.3 . , . ,.,,-m a, 4. ,'.. . ;.,,, ., 3.2.. .:

accident nports and to lavestigate W '

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transportation. accidents.. .y.yr.7 AlNothing herein Is Int' ended t[ affect'. ' .}

VI.NotionalCompetent Authority . . ~ the statutory exemption of shipments of .

radioactive materials made by or under,  ;

A.no DOT win be the national the direction or supervision of the .- . . ,.t *-

compeknt authority with respect to the cdaninistrative requirements set forth in Department of Ene or the ent :i l the regulations for the Safe Transport of . of Defensein acco ance with ,- .

Provisions of 1g U.S.C. g32(c). . e-Radioacdve Materials of the , . _ . '

'sies.e which he.. saaned inte sa Ayeenwet .

=4eb she an u Energy Commlueen er she NRC -- -

W '"sie Sorsham are of ee Atomic Einerer Ami af .

seat es amended. ender whish the N9tc has ..

soseguished to sash Stease th's makriey of He seemissory eeshoney ever seems, bypsedest and . ', . . . . . . .. .

spesiel ausleet metenella gennemse est sedReleet . . . .

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APR 0*! 1982 .i ,

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. Mr. Lee M. Thoslas ' .

Associate Director ~ for state and -

,. Local Pro' grams' and Support Federal Emergency Management Agency. -

' Washington, D.C. 20472 ,

• ) .

Dear Mr. Thomas:

As you know, the movement of radioactive materfair throuohout the- '

transportation neSork brings the ceneral aublic into closer contact with the nuclear industry than does any otier aspect of the Industry. -

Thus, the puoiic has a sensil;ive concern aoout any type of accioent involving transportation of radioactive materials. Although no radiation injury is know to have resulted from any transportation

- accid *ent involving millions of shipments over several decades, a coordinated response to .such accidents is still needed because the .

risk of radiation injury cannot be completely eliminated. We believe that it sould be advisable that FEPA place a high priority on expanding -

the National Radiological Emergency Preparedness / Response Plan to include a component for responding to.Transportat. ion Accidents Involving .

Radioactive Materials.

' - .Oct....s of the existing National Radiological Emergen.cy Preparedness / . ~

Response Plan for Connercial Nuclear Power Plant Accidents (Master Plan)

(45 FR 84910-B4917) that discuss offsite_However, responsethe activities Federal are focus in applicable to transportation accidents.

a transportation accident should be targeted at assisting the States

- rather th'an managing the response to the accident. '

The nonradio. logical response. characteristics of transportation accidents, e.g., extinguish fires, emergency first aid, and control traffic, are the clear responsibility of local and State governments and need not be addressed further in the Federal response plan. The radiolooical response characteristics should be considered in two phases--thq emergency phase and the cleanup phase _. Thit emergency phase is cTiiracterizeo oy urgency and consists of determining whetner fadioactive material nas oeen released and, if so.1.oniining the 5F.eed Or.dc e~ t1C the ,

miTeFiaLferecting ' dikes. covering witn tarpauiins, etc.).

daterial is confined, the cleanuo phase can proceea at a deliberate pace. Management of both phases of the radiotoaical oronle_m are ihe i responsibility of the State's emergency management agency and/or its .

li rauiciogicai nea n.n agency. ,

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' We believe that the Federal role in a transportation accident involv.ing .

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radidactive materials is one of supporting the State where fequested to J

do so. The'Federd support may be in the form of assistance in '(1) the determining

.i]j whether radiolebis&T. material has been released,'(2) 3 determininn -

i."

• the extent of the'releas,e, (4) recomending protective action, and (5) suggesting a cleanup strategy.

r a serious situation involving NRC licensed material so h

warrants., NRC would activate its Operations Center (either regional or national, or both) and maintain awareness of (" monitor") the j situation until any dispersed radioactivity is safe'tf confined. NRC .!

staff would be prepared to provide technical advice, and in.particular could censult on packaging characteristics, provide.recomendations

[J i

on any other technical aspects of the situation, and interact with the

• j, licensee-shipper when appropriate. ,

The radiological monitoring and data evaluation capability of Federal '

~

agencies are coordinated by DOE under the Interagency Radiological '

Assistance Plan (soon t6 become the Federal Radiological Honitoring ,

.and Assessment Plan). This assignment has already been made' by FEMA

...- . -re: .onse totthe. President's " direction that FEMA " assure that DOE resources and capabilitie's for responding to radiological emergencies are made available and augmented as needed to service civilian related radiological esergencies." In. situations involving NRC licensees, '

DOE will pro. vide its assessments to NRC p'lus the primary State or

. local autho'rity. '

l We shall be happy to participate in the development of a transportation component to the National Emergency Preparedness / Response Plan. In particular, we will be pleased to work with you and other agencies, which you belive should be involved, to develop more sp,ecif.ic details

• of agency assignments. .

Sincerely.

. ~

(SignedYnlliam J.Dircks .

William J. Dircks .

Executive Director for Operations cc: Mr. Willi'am A. Vaughan, DOE -

Mr. Howard J. Dugoff, DOT 1

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, 8<P 5 e ta o,%[OA) 1 ,.y, m ra v ***** 1 Return to W:A. 623 SS) ,e ADJUDICATORY ISSUE Septemb_er 21, 1983 SECY-83-387 For: The Commissioners From: Martin G. Malsch Deputy General Counsel

Subject:

REVIEW OF DIRECTOR'S DENIAL OF 2.206 PETITION Issue: Shipment of High Level Waste through and to Illinois.

i

Purpose:

Review Time Expires: October 10, 1983 -

Discussion: On July 27, 1983 Edward Gogol on behalf of several Illjnois environmental organizations, requested James Kepler, Regional Administrator, Region III, to:

(1) order that all shipments of high Citizens Against Nuclear Power, Chicago; Pollution and Environmental Problems, Palative; Lake County Defenders, Lake County; Citizens for a Better Environment, Chicago; and Greenpeace, Chicago.

Centact:

Juan Rodriguez, OGC X43224

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. Tha Commiscicnoro 2 level nuclear waste through and to Illinois be postponed and, (2) hold a series of public hearings on this matter. Petitioner also formulated four questions about the shipment of high level nuclear waste through Illinois.

(IT particular, petitioners ass _e_r_ted that:

1) None of the casks of the type presently in use have been physically o

tested against possible highway and rail accident conditions. Cask welds are not tested for failure during construction.

2) The casks are not designed. to withstand common highway and rail accidents.

3) An accident-caused fire could be even more dangerous than the collision itself. A 1970 federal study

, (ORNL-4451) notes that the casks' pressure relief valve will pop open if the cask is involved in a fire, " coolant will be lost, and radioactive gases and volatile particulates could then escape through the cpen valve."

On September 14, 1983, the Director, NMSS denied the instant 2.206 petition.

Its rationale for dismissing the claimed inadequacy of the casks follows:

~ *

, Tha commiccion2rs 5 -

i Recommendation:

. ,. /

{

m Martin G. Malsch Deputy General Counsel Office of the General Counsel Attachments: -

1. Petition ,

, 2. Director's Letter of Denial

3. Director's Decision with Attachments I. - -. . . . . . ..

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! DISTRIBUTION:

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ATTACHMENT 1 W

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.!- W Chicago IL 60604 (312) 786-9041

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July 27, 1983 '. . .-y-- ,; .! ,' ' #,

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. . . . .. g 3 James Keppler, Direction Region III US Nuclear Regulatcry Commission Q f [. '. h, yd t 799 Roosevelt Road

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Glen Ellyn IL 60137 Regarding: Shipments of high-level nuclear power plant waste through and to Illinois, expected to resume within the next few weeks Mr. Keppler:

This letter constitutes a formal legal petition to you to use all the powers of your of fice to- protect the health and safety of the people of Illinois, as you are required to do by law. Specifically, we petition you to do the following:

1. Order that all shipments of high-level nuclear waste through and to Illinois be postponed;

2. Order that a series of full public hearings be held on the proposed radioactive waste shipments, at various times and at various locations along the transportation routes;

3. Provide full and complete answers to the following questions:

a. Are these shipments necessary? Have all alternatives to these shipments been fully explored?

b. What is the local emergency response capability along the transportation routes? How will communities be notified and evacuated if there is an accident or radioactivity leaks?

c. Exactly how much radioactive waste will be shipped along exactly what routes, and when? In what make and model of shipping cask? Please provide full details as to what full-scale tests this make and model of shipping cask has been subjected to.

d. If there is an accident, who will assume financial liability? For how much?

This petition is made to you on behalf of the people of Illinois, and on behalf of the following Illinois citizens' groups:

Citizens Against Nuclear Power - Chicago Pollution and Environmental Problems - Palatine Lake County Defenders - Lake County Citizens for a Better Environment - Chicago Greenpeace-Great Lakes - Chicago This petition is made to you because there is extremely strong technical evidence that spent fuel shipments are dangerous, that they can cause radioactive releases in the event of an accident resulting in the deaths of thousands of people within 30 days, and hundreds of thousands later from cancer. Such accidents are likely because:

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• James Keppler, Direction Region III

, .US Nuclear Regulatory Commission

,. Page 2

1.  !

None' of the casks of the tvoe present1v in use have been ohysically tested against possible hichway and rail accident conditions. Cask l

welds were not tested for failure durina construction. The  !

well-publicized tests which were carried out at Sandia Labs, and which '

purported to show that the casks were safe, were actually done on a type of cask no longer in use, and which contained fresh, unirradiated fuel rods instead of the intensely hot used ones.

2.

The casks are not designed to withstand common highway and rail accidents. No federal regulation requires that casks be able to withstand crashes of more than 30 miles per hour. But more than three-fourths mph. of all truck accidents occur at speeds greater than 30 Moreover, the casks are susceptible to losing coolant and releasing radioactivity if struck sideways (a likely result if a truck jacknifes) at speeds as low as 12.5 mph.

3.

An itself.

accident-caused fire could be even more dangerous than the collision Federal regulations only require that the casks be able to withstand the effects of a 1475-degree fire for 30 minutes. Yet government statistics show that the average temperature of highway or rail fires is 1850 degrees F, and many commonly transported chemicals burn at temperatures greater than 3000 degrees F. Approximately one in every sixty truck accidents results in fire. '

4.

A 1970 federal study (ORNL-4451) note's that the casks' pressure relief -

valve will pop open if the cask is involved in a fire, and that "we must postulate that all coolant will be lost in a fire." Radioactive gases and volatile particulates could then escape through the open valve. The ORNL study difficult to reseat." concluded that, "Once this valve is actuated, it is extremely Please act on this petition immediately, as the pubite danger is grave. We would regarding be this more'than hazard.willing to meet with you to provide further details We plead with you to protect us, and we remind you that your oath of office requires you to obey the laws of the United States and to protect the public health and safety.

Sincerely, Edward Gogol Spokesperson l,,

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NUREG-0179 i

REGULATORY AND l

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OTHER RESPONSIBILITIES AS RELATED

TO TRANSPORTATION ACCIDENTS

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REGULATORY AND OTHER RESPONSIBILITIES AS RELATED t TO TRANSPORTATION ACCIDENTS 2

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Manuscript Completed: June 1977 DatiPublished: June 1977 ,

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Division of Engineering Standards ~

Office of Standards Development U.S. Nuclear Regulatory Commission Washington. D. C. 20555 1

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TABLE OF CONTENTS Pace 1

1. INTRODUCTION .................................................

i.

2. REGULATORY RESPONSIBILITIES .................................. 1

'4 1

2.1 Background ..............................................

J! 2.2 Economic Regulation of Transportation by Land and Water ....................................... 2 i

.y 2.3 Economic Regulation of Transportation 3

by Air ..................................................

2.4 Safety Regulation of Transportation of 3

.; Hazardous Materials .....................................

2.5 Regulation of Transfer and Transportation 4

of Radioactive Materials ................................ 4

'.z 4

2.6 Regulation of International Transportation .............. 4 2.7 Conclusion .......................;......................

.i 3. RESPONSIBILITY FOR PREPARATION OF GOODS

.,.; 5 1.1 FOR TRANSPORT ................................................

3 5

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4. . RESPONSIBILITY FOR GOODS IN TRANSPORT ........................

6

'l 4

5. RESPONSIBILITIES IN EMERGENCIES IN TRANSPORT .................

6 d 5.1. I n i ti a l P ha s e . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7

' 5.2 Containing or Confining the Hazard ...................... 8 5.3 Final Cleanup ...........................................

9 5.4 Cost Recovery ...........................................

J 10 B I B L I O G RA P HY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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l. INTRODUCTION This report has been prepared in response to numerous inquiries concerning the functional responsibilities of the different parties involved in dealing with transportation accidents. In it are presented

," the views and understandings of the Transportation and Product Standards

.; Branch of the Division of Engineering Standards, originators of this e report, based on present practices, existing regulations, discussions with many of the groups involved, and available formal opinions. This

'li report is not intended to establish or assign responsibility for activi-i ties not already established or assigned or to circumvent due process in

.i establishing or making such assignments. It is intended to encourage i consideration of the programs and procedures necessary to deal with those

.j few transportation accidents involving radioactive materials that may be

. 3 expected to occur each year. Comments and suggestions are invited on

,j -

this report.

<:s.

.ily 2. REGULATORY RESPONSIBILITIES

Background

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! Goods in transport are divided into two broad categories: hazardous

and nonhazardous materials. As defined in.the regulations of the Depart-

j ment of, Transportation (DOT),1 any material in which the radioactivity 1 exceeds 0.002 microcurie per gram is classified as radioactive material i and belongs to the category of hazardous materials. Radioactive materi-

. als include byproduct, source, and special nuclear material, as defined

.:. in Section 11 of the Atomic Energy Act of 1954 and in the regulations of the Nuclear Regulatory Commission,2 and naturally occurring and accelerator-produced radioactive materials.3 Persons engaged in transportation generally fall into three main groups: shippers, carriers, and warehousemen. Shippers are those who

. offer goods for transport. Carriers are those who transport such goods.

149 CFR Parts 170-179.

2 10 CFR Parts 20, 30, 40, 70, 71, and 150.

3 As defined in the " Suggested State Regulations for Control of Radiation,"

prepared by the Council of State Governments in cooperation with-the U.S. Nuclear Regulatory Commission and the Bureau of Radiological Health.

Copies are available from the Bureau of Radiological Health, Food and Drug Administration, 5600 Fishers Lane, Rockville, Maryland 20856.

1_

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4.

- Farehcusemen are those who store goods for the general public, acting as

[ bailees for the owner.

Under DOT regulations, shippers are responsible for packaging, j marking, and labeling the goods to meet the regulatory requirements for

'. delivery to a carrier for transport and, in the case of hazardous mate-

'- rials, for certifying to that effect on the shipping papers. Some com-panies act as the shipper's acent and complete the transportation arrangements on behalf of the shipper. This is of special significance l.

for imported shipments because a company located in the U.S. must obtain

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DOT approval for significant shipments of radioactive materials- that originate outside the U. S.

i A s ii Carriers are responsible for handling, stowing, and storing ship-

) ments; placarding vehicles in accordance with the regulations; and 1 exercising due care in transporting the goods to the consignee. Freight i for:.urders are persons who accept goods from shippers for transport as a

i. ,I carrier, arrange carriage, and often' consolidate shipments from more 1 than one shipper as a shipper. Although a freight forwarder is both S shipper and carrier, he has the same legal status as a carrier and like I. other carriers he only acts as bailee of the goods; that is, even though

/.i the goods are in the hands of the carrier, the originating shipper main-4 tains effective control over the goods insofar as their disposition is concerned. As a general rule, carriers cannot unpackage or repackage

. ).%] goods (although carriers and freight forwarders often do combine several O smaller shipments onto pallets or into freight containers for transport),

' .1-change the final destination of goods, or do other than carry the goods 5 from one point to another for the shipper while exercising due care.

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5.

2.2 Economic Reculation of Transoortation by Land and Water _

J The Interstate Comerce Comission (ICC) regulates the economic

' 2 aspects of transportation of goods, both hazardous and nonhazardous, in

? interstate and foreign commerce by land, i.e., by truck or rail, and by 5 barge on inland waterways. The Federal Maritime Comission (FMC) regu-lates the economic aspects of ocean transport. Basically, the ICC and the FMC regulate carriers. The ICC regulations define three types of carriers: private ccrriers, who transport their own goods; eentrce:

carriers, who selectively transport other people's goods under specific contracts; and comon carriers, who transport goods for the general public in accordance with certificates of public convenience and neces-sity issued by the ICC. Those for-hire common or contract carriers who operate solely within a state and who are not subject to ICC regulations because they are not operating in interstate or foreign commerce are normally subject to " certification" or " permit" requirements of the state within which they operate.

' Quantities exceeding type A quantities, as defined in 49 CFR 173.389(f.).

, = , . = - - --

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. 2.3 Economic Regulation of Transportation by Air The Civil Aeronautics Board (CAB) regulates the economic aspects of transportation by air in civil aircraft. CAB regulations define public aircraft as aircraft operated by a public agency (Federal, State, or local) and transporting only its own goods or personnel. Except for

.: military aircraft, all other aircraft, including those operated by a 3 public agency but transporting other person's goods or personnel, are defined as civil aircraft. The CAB establishes routes and rates for all 5

U.S. flag carriers operating civil aircraft in the U.S. and abroad.

However, the administrator of the Federal Aviation Administration issues airworthiness certificates.

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Civil aircraft operate as comon carriers if they transport goods i for the general public in accordance with an operating certificate j issued by the CAB and as contract carriers if they selectively transport i other people's goods in charter service, dedicated aircraft contract

.] service, etc.

2 M, .s 2.4 Safety Regulation of Transportation of Hazardous Materials N

.G The Department of Transportation (DOT) regulates the safety aspects A

of transportation of hazardous materials in interstate and foreign com-merce by land, on civil aircraft by air, and on other than public vessels (i.e. , those operated by public agencies) in navigable waters. 00T includes the Federal Highway Administratior.'(FHWA), which regulates i safety in transport by truck, bus, taxi, or other vehicular transport; y the Federal Railroad Administration (FRA), which regulates safety in j transport by rail; the Federal Aviation Administration (FAA), which regulates safety in transport by civil aircraft; the U.S. Coast Guard, which regulates safety in transport by water; and the Materials Trans-

', portation Bureau, which promulgates the safety regulations for the above DOT agencies. Water transport by other than public vessels in navigable waters is regulated by the U.S. Coast Guard. Vessels carrying more than 12 or 16 passengers, cargo vessels, and barges are included.

DOT regulates both shippers and carriers of hazardous materials (including, specifically, radioactive material) transported by' air on civil aircraft, on navigable waters by vessel, and in interstate and foreign comerce by land. DOT safety regulations apply to shippers, freight forucrders, varehousemen, and privace, contract, and comon carriers. DOT also regulates pipeline safety, but except as " tags" for interfaces between products, radioactive materials are not transported by this mode.

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2.5 Regulation of Transfer and Transportation of Radioactive Materials

- The Nuclear Regulatory Commission (NRC) regulates persons who possess, use, or transfer (including transport) radioactive10materials CFR Part 71,

-}

that are byproduct, source, or special nuclear material.

" Packaging of Radioactive Material for Transport and Transportation of Radioactive Material Under Certain Conditions," specifically applies to

shippers (those who prepare and deliver packages to a carrier for trans-port) and private carriers of such materials; in the latter case, the 4 carrier has both possession of and effective control over the material during transportation.

i Exempt from NRC regulations are common and contract carriers, freight

.{ forwarders, warehousemen, and the U.S. Postal Service when transporting i

4 or storing, as a part of the transportation process, a shipper's byprod-

) uct, source, or special nuclear material and when subject to DOT regula-l tions. The basis for the exemption is that the carrier acts as bailee j of the material and the licensee maintains constructive possession while the material is in the hands of the carrier (Sec. 202 hearings, 1956).

3] The Energy Research and Development Administration operations and con-tractors also are exempt from NRC licensing and regulations.

2i.

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-3 2.6 Regulation of International Transportation .

4

'l The safety regulations of certain international organizations may 4

be applicable to international transportation of radioactive materials;

.t for example, the Intergovernmental Maritime Consultative Organization j (IMCO) for transport by sea; the International Air Transport Association (IATA),or the International Civil Aviation Organization (ICAO) for trans-

' 'd port by air; and the Office Central des Transports Internationaux par 3

Chemins de Fer (0CTI/ RID) for transport by European rail.

7.

For safety in both domestic and international transport, the U.S.

follows as closely as possible the International Atomic Energy Agency

.- (IAEA) recommended regulations,5 which are also the bases for the regu-

- lations for transport of radioactive materials of most of the other international organizations.

2.7 Conclusion Byproduct, source, or special nuclear material while in transport (that is, from the time it is delivered to a carrier for transport until SIAEA Safety Series No. 6. " Regulations for the Safe Transport of Radio-

- active Materials," 1967 edition and 1973 revised edition, International Atomic Energy Agency, Vienna.

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• it is received by the consignee) may be, but need not be, considered to be in the constructive possession of the shipper. Carriers, other than

private carriers, act as bailees in that they cannot redirect, process, or dispose of the material. Any manipulations of the material itself, other than that required for transportation and associated storage, is prohibited except under a specific license issued by the NRC. Authority for emergency actions to protect the health and safety of the public stems from the DOT regulations 6 that require tnat actions be taken by

carriers in cases of emergency, i.e., accidents or leaking packages or j suspected leakage from packages of radioactive material. The require-i ments that carriers take emergency actions have been in effect for many

years, were established after DOT consultation with the former Atomic cj Energy Commission (now NRC), and have never been challenged.

i j 3. RESPONSIBILITY FOR PREPARATION OF GOODS FOR TRANSPORT

. Under DOT, NRC, and State regulations, the shipper is responsible for complying with all applicable regulations in packaging, labeling,

,a marking, and otherwise preparing any goods for transport. For hazardous

, 'i

, materials, DOT regulations require that the shipper certify on the ship- *

]

a ping papers that the goods are properly identified, packaged, and pre-pared for carriage. Also under DOT regulations, the shipper must inform

.5 the carrier of any special precautions that must be taken in the trans-

) port of his goods.

. -]

[f 4. RESPONSIBILITY FOR GOODS IN TRANSPORT y Congressional recognition that the shipper-licensee bears the

- responsibility for the transportation of radioactive material is apparent

since the Price-Anderson Liability Coverage available to NRC licensees under the Atomic Energy Act of 1954, as amended, includes transportation

. to and from indemnified facilities. Under an " omnibus" concept, this 4

ancillary protection is extended to carriers engaged in the transporta-t .2 tion of nuclear materials to or from indemnified facilities.

We would propose to interpret the actions and provisions to be taken by the shipper in fulfilling his responsibility for radioactive material during transport to include: .

(1) Being knowledgeable as to the nature and amount of radioactive material he has in transit, 6

See, for example, 49 CFR 55 171.15,171.16,174.700,174.715,174;750, 175.700(b), 176.710, and 177.861.

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k (2) ,Being prepared to infonn carriers as to the nature of the material in the package and any special precautions to take in case of radioactive material releases, (3) Knowing where radiological assistance can be obtained (e.g. ,

from State agencies such as the Emergency. Preparedness Division, the State Highway Patrol, and the Health Department or the Interagency Radi-ological Assistance Program (IRAP)7) or offering a radiological capabil-ity of his own to carriers of his goods on request, and (4) Knowing to whom this infonnation should be comunicated and under what circumstances.

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, 5. RESPONSIBILITIES IN EMERGENCIES IN TRANSPORT 4

The responsibilities for dealing with an emergency in transport are divided among several agencies and persons. For purposes of this dis-

~i j cussion, we have divided the transportation emergency into the initial I phase, containment or confinement, final cleanup, and cost recovery.

5.1 Initial Phase _

[.l j During the first 15 minutes after the accident occurs, emergency action is required for saving lives, attending to the injured, and iden-Q tifying and classifying the emergency as to the type of threat end the action required to prevent further damage to life or property.. Local

public safety officials invariably exercise this responsibility.

4 Resxv.siM Mtu . . . . -

The carrier has the responsibility for action in this initial phase as in all phases, including, at the earliest practicable moment, noti-fying the DOT,e State and local authorities, the shipper, and the driver's own management. However, the driver and helper often are victims in the

., accident and may or may not be able to act. Furthennore, in some cases,

they may not have imediately available sufficient knowledge of the details about the cargo to permit asses' sing the potential hazard.

7 Under a radiological assistance program administered by the U.S. Energy Research and Development Administration, radiological emergency assis-tance teams, advice, and information are available on request from any person or organization in any incident believed to involve a radiation l

hazard. See Interagency Radiological Assistance Plan, ERDA-10, Revised April 1975, and ERDA Radiological Assistance Plan, ERDA-60, July 1975.

8 49 CFR 5 5 171.15,171.16,174.45,175.45,175.46, 394.5, 394.7, and 176.45.

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State and local police and emergency crews are usually recognized as responsible for emergency action. They have authority and responsi-bility fc protecting the health, safety, and welfare of the citizens and will take necessary actions to do that, e.g., stop traffsc, put out g the fires, rescue the injured. At this early stage, State and local capabilities to handle radiation incidents are often tested because assis-

tance from persons with special radiological knowledge or competence is i

not on hand during the first few minutes following an accident. For this reason, State and local plans must provide for the initial emergency

. action. Some State and local police and fire and emergency crews are trained and equipped with radiation detection instruments. DOT is

, required 9 to provide information and advice for meeting emergencies connected with the transportation of hazardous materials to all inter-ested parties.

9 The packaging standards for radioactive material are such that the danger or threat from radiation should be a minimal worry in any trans-

! portation emergency. The likelihood of a release of any radioactive material in a transportation accident is very small and the probability

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of the release of hazardous quantities, so small as to be considered

. negligible.10 Emergency crews should be instructed to disregard radio-

. .: , active material signs in the initial phase of every traffic accident and q to deal with the emergency as it appears, with no special concerns for i the possibility of the presence of radioactive material, i.e. , taking ll only nomal precautions such as avoiding smoke inhalation and not entering

the imediate area or handling cargo unnecessarily.

.1 After any injured have been removed and any fire placed under control, those responsible must deal with any radioactive material that might be present. It is important to note, at this point, that the FAA, FRA, FHWA, Coast Guard, and the National Transportation Safety Board have responsi-

\ bilities for investigating transportation accidents,ll and the appropriate agency may become involved at any time.

5.2 Containing or Confining the Hazard JI During the next hour or so, the cargo and any associated hazards are i to be confined, other residue from the accident removed, and, as far as possible, nomal traffic patterns restored.

' Pub. Law 93-633, Sec. 109(d)(2).

10 This is based on consideration of the results of almost 30 years of shipping experience and detailed assessment of the risk in " Final Environmental Statement on the Transportation of Radioactive Material by Air and Other Modes," which is under development by the NRC staff.

11 -

Pub. Law 93-633, Sec. 301.

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Responsibility

'; Again, the carrier has the basic responsibility for containing or confining any threat. associated with his cargo, whether or not radio-active materials or other hazardous materials are involved. DOT regula-

, tions require the carrier to notify DOT imediately after an accident.

i Also, the carrier is required to take action to limit the spreading of j radioactive material. Contacting the IRAP is encouraged, and, if needed, I

.; radiological assistance teams can be available within an hour or so at '

i most locations. The State and local police, equipped and trained to do

. .; radiation monitoring, could prove valuable in identifying and classifying i the location and degree of radiation hazard, if such a hazard exists.

-i The shipper is required by DOT regulations 12 to provide to the

.] carrier, when shipment is made, information that should include any

.; special precautions required for dealing with his shipment. If called i in case of an accident, the shipper is also required to provide whatever

', details about his shipment that are necessary and helpful. Since the

shipper may be involved in a liability suit later, he may wish to offer

.] assistance in confining and cleaning up any accident involving his

.- shipment.

dl In the highly unlikely event that a release of radioactive material

.N in transportation would require evacuation of persons from an area, the 4

'(3 decision for taking such action presumably would be made by the same

,1 responsible local public safety officials and in the same way that the i decision has been made in emergencies in which chemicals, toxic agents, 4 explosives, and combustibles have required evacuation.

1 4'

3 5.3 Final Cleanup __ _,

- This phase requires the removal of any radioactive material, contam-

- j ination, or other residue of the incident to restore, as nearly as pos-

{ sible or practical, the scene of the incident to its original state.

-; Responsibilitu _

! The carrier has the basic responsibility to see that the cleanup is completed. Since in most cases involving any release of radioactive

~: material there must be some assumption of responsibility for ' manipulation of the radioactive material, e.g., repackaging, disposal, or removal, NRC expects that, during cleanup, a person be present who is experienced and equipped to handle the radioactive material involved as evidenced by his having a license for such cleanup or for handling such materials. That person must have authority to take necessary and appropriate actions at 12 49 CFR 55 172.202 and 172.203.

8

. _ _ - __________mm.~.m , m _ _ _ . _ _ _ _ _ _ _ _ . _ _. _____ _

~

l the scene. That licensee can be the shipper-licensee, the consignee-licensee, or a person or persons 1.icensed for such activity and con-tracted for by the carrier or shipper or consignee to perform the cleanup.

f General standards for cleanup are being developed by the Environ-mental Protection Agency (EPA). Some contamination limits are given in i '

DOT regulations l3 for vehicles, facilities, and equipment. Also, general standards for exposure control and contamination limits are given in NRC's regulations and regulatory guides.I

In most cases, State and local authorities, EPA, DOT, and NRC will consider each instance on its own merits to determine when adequate

. cleanup has been achieved. Fortunately, the number of instances involv-

.; ing any releases outside the vehicle has been, and we believe will continue to be, very small, fewer than 10 in any year.

5.4 Cost Recovery In tems of financial responsibility there is a fourth phase, cost J, - recovery. The sost of cleanup and any liability for damages to life or

e. , property resulting from the incident are borne, in most cases, initially 2;; by the carrier. Furthemore, in most cases, the fixing of such costs and the real responsibility for them will be determined in the courts.

,; The frequency and extent of such costs in the transport of source and

special nuclear material, including nuclear fuels, have been small. In

. 20 years of insurance coverage of nuclear energy liability, there have been only 27 incidents reported under that insurance coverage. Eleven of those incidents were in transportation, 5 of the 11 involving no claims

~ and 4 of the 11 involving property damage totaling 57,500.is One claim was that of a transport worker involved in an incident in January 1963 and wa's settled out of court for $300,000, although causal connection was not established. Other nontransportation claims totaled about

$200,000. Over a period of 20 years, the total losses, including settling and defending third party liability claims, are about 5600,000. In some cases, indemnity coverage would be provided under private insurance or

. under Price-Anderson Liability Coverage, mentioned earlier.

13 49 CFR 173.397.

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10 CFR Part 20, " Standards for Protection Against Radiation," and Regulatory Guide 1.86, " Termination of Operating Licenses for Nuclear Reactors."

15 Marone, Joseph, Nuclear Energy Liability--Property Insurance Associa-tion, "Sumary Report 1976 Conference on Transportation for the Nuclear Industry," February 1977, pp. 74-77.

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BIBLIOGRAPHY American National Standard N692, " Emergency Response Procedures for Highway Transportation Accidents Involving Radioactive Materials," Draft, November 23, 1976.

• U.S. Atomic Energy Comission, " Radiological Emergency Procedures for the Non-Specialist," January 1969. Copies may be obtained from the Superin-tendent of Documents, U.S. Government Printing Office, Washington, D.C.

'. 20402.

Western Interstate Nuclear Board, " Guide and Example Plan for Development of State Emergency Response Plans and Systems for Transportation-Related

, Incidents," Lakewood, Colorado,1975.

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