NRC Generic Letter 1985-14

NRC Generic Letter 1985-014: Commercial Storage at Power Reactor Sites of Low-Level Radioactive Waste Not Generated by the Utility

ML031150709
Person / Time
Site:	Beaver Valley, Millstone, Hatch, Monticello, Calvert Cliffs, Dresden, Davis Besse, Peach Bottom, Browns Ferry, Salem, Oconee, Mcguire, Nine Mile Point, Palisades, Palo Verde, Perry, Indian Point, Fermi, Kewaunee, Catawba, Harris, Wolf Creek, Saint Lucie, Point Beach, Oyster Creek, Watts Bar, Hope Creek, Grand Gulf, Cooper, Sequoyah, Byron, Pilgrim, Arkansas Nuclear, Three Mile Island, Braidwood, Susquehanna, Summer, Prairie Island, Columbia, Seabrook, Brunswick, Surry, Limerick, North Anna, Turkey Point, River Bend, Vermont Yankee, Crystal River, Haddam Neck, Ginna, Diablo Canyon, Callaway, Vogtle, Waterford, Duane Arnold, Farley, Robinson, Clinton, South Texas, San Onofre, Cook, Comanche Peak, Yankee Rowe, Maine Yankee, Quad Cities, La Crosse, Big Rock Point, Rancho Seco, Zion, Midland, Bellefonte, Fort Calhoun, FitzPatrick, McGuire, LaSalle, 05000000, Zimmer, Fort Saint Vrain, Shoreham, Satsop, Trojan, Atlantic Nuclear Power Plant, Skagit, Marble Hill
Issue date:	08/01/1985
From:	Dircks W J NRC/EDO
To:
References
FOIA/PA-2009-0209 GL-85-014, NUDOCS 8508050255
Download: ML031150709 (3)

C'- tC.'s '- ' ' ' s ' ' ;..-`t'NITED STATESNUCLEAR REGULATORY COMMISSIONWASHINGTON, 0. C. 20555_117August-1, 1-985rTO ALL LICENSEESSUBJECT; COMMERCIAL STORAGE AT POWER REACTOR SITES OF LOW-LEVEL RADIOACTIVEWASTE NOT GENERATED BY THE UTILITY (Generic Letter 85-14)Gentlemen:The Low-Level Radioactive Waste Policy'Act of 1980 (P. L.96-573) assigned tothe states the responsibility to provide for disposal of commercial low-levelradioactive waste (LLW) generated within each state., The Act envision'ed thatall 'states would be capable of providing'for disposal of commercial LLW generatedwithin their borders by 1986. "Based on the current status of state efforts andthe substantial time required to establish new disposal facilities, no new siteswill be available for at least several years. Due to the uncertainty of thissituation and statements made by some officials of states within which currentlyoperating disposal sites are located, it appears possible that access to theexisting sites nly be restricted.While some licensees hive taken steps to temporarily store LLW generated attheir sites to alleviate aryli'ipact that limiting of atccess-to disposalcapacity may have on licensed operations, provisions for storing LLW should beused only for interim continWency purposes. It is the policy of the NRC thatlicensees should continue to ship waste-for disposal at existing sites to themaximum extent practicable.In anticipation of possible curtailment of access to existing disposal facili-ties, interest is' being expressed in some states in commercial storage of LLWgenerated within the states. While the NRC'recognizes that storage may appeardeSirable'in states which have'not'resolved their low-level waste disposalproblems, commercial storage facilities, however, should not become de'factodisposal sites. NRC will require for commercial storage under its jiuriisdctionthat, in addition to safe siting and operation, commitments and assurances bemade for eventual disposition of all waste stored at commercial storagelocations. This includes provisions for repackaging (if necessary), transpor-tation and disposal of the waste, as well as decommissioning of the facilities.Some of the concepts for commercial storage Involve using nuclear power'reactorsites as commercial storage locations for LLW not generated by the utilitylicensee.! As a matter of policy, the NRC is opposed to any activity at anuclear reactor site which is not generally supportive of activities authorizedby the operating license or construction permit and which may divert the atten-tion of licensee management from its primary task of safe operation orconstruction of the power reactor. Accordingly, interim storage of LLW within/the exclusion area of a reactor site, as defined in 10 CFR 100.3(a),Vwill be Ysubject to'NRC Jurisdiction regardless of whether or not the reactor is located "in an Agreement State, pursuant to the regulatory policy expressed in10 CFR 150.15(a)(1). Within Agreement States, for locations outside theexclusion areas, the licensing authority is in the Agreement State.(%> P5ot }o cyc; i C55 > 05 $5C"I'C1556 In order for NRC to consider any proposal for commercial storage at a reactor.site, including commercial storage in existing low-level waste stdrage.facili-ties, the NRC must be convinced that nonsignificant environmental impactiwillresult and! that the commercial',storage activities will be consistent with andnot compromise safe operation of the licensee's activitiest Including divertingreactor management attention from the continued safety.of 'reactor operations.A Part 30 license is required for the low-level waste storage and a Part 50license amendment may also be required. The application must include: x^By the utility0 A determination by the utility licensee that the proposed low.level waste.commercial storage activities do not involve a safety-or environmental 4question, and that safe operation of the reactor will.,not..be affected.In making this determination, the licensee shall consider:-Direct impacts of the commercial storage-operation on.reactor:'operations during normal and accident conditions; , --Diversion of utility management and personnel attention fromsafe reactor operation;-Combined effects;of onsite and offsite dose during normal! and,' accident conditions; ..' :. .Influence on effectiveness of reactor emergency plans;-Influence on effectivepess of reactor security plans;.-Financial.liability provisions, includin9finipact onit) elmnity-coverage;-and--Environmental impact of.the storage facility, includingpotential interaction with the generating station.By the applicant (the utilit or another person)o Information relating to the safety of the commercial storage operation;v Information relating to the environmental impact of the storage operation'in sufficient detail to allow staff to establish the need for preparationof an Environmental Impact Statement;o Financial assurance to provide for the commercial storage operation anddecommisioning including any necessary repackaging, transportation anddisposal of the waste; ando Written agreement from the Jurisdiction responsible for ultimatedisposal, the State, that provisions are sufficient to assureultimate disposal of the stored waste.The Office of Nuclear Reactor Regulation (NRR) will conduct an environmentalreview and review the application to determine whether the low-level wastecommercial storage activities on a' reactor site impact the safe operation ofthe reactor. Following NRR review, the licensing authority for commercialstorage on a reactor site under NRC jurisdiction (all locations in. non-AgreementStates and locations within reactor exclusion areas in Agreement States) isthe Office of Nuclear Material Safety and Safeguards. The NRC will assess F -*JLIenvironmentalilmpact and will issue an Environmental Impact Statementj-ifappropriatei.-ln accordance with provisions'of 10 CFR 51.20, 51.21 and 51.25.As part 'of the procedures, the NRC will provide notice in the FEDERAL REGISTERoffreceipt and-availability of any 'application received fork.commercial -storageactivitiees. The public'notice will also indicate the staff's intent regardingpreparaition of an environmental assessment and its circulation for public reviewand comment.i':An Environmental Impact Statement will most likely be-neededbased on the environmental assessment.Because the NRC has not yet received or reviewed an application for a centralizedcommercial low-level-waste storage facility intended to store large amounts ofLL1 forf1five or more years, the NRC may-consider applying the criteria describedabove to- such commercial storage facilitiesiwhether they belon a reactor siteor not.Interim storage of utili'ty licensee-generated LLW will continue to be consideredaccording to the provisions stated intGeneric Letter 81-38, dated November 10,1981. , ' -For additional information, please contact Frank Miraglia, Office of. NuclearReactor Regulation, U. S. Nuclear Regulatory Commission,' Washington, .D.C. 20555[Telephone: (301) 492-7980I-or Richard Cunningham, Office of Nuclear MaterialSafety and Safeguards,' U. -.S-:Nuclear, RegulatoryqCommission, Washington, D.C.20555 (Telephone: (301) 427--4485].. -' .'t : *.' ' ^>~- w Sincerely, ' .Executive Directori'for OperationsAr '. -I I IAI;'. , 4I....V "o , I ;*1 ; .I '1 ii i I I .I .I I -r I I:v.I I I I II .II '