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 NRC/EDO
To:
References
FOIA/PA-2009-0209 GL-85-014, NUDOCS 8508050255
Download: ML031150709 (3)

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NUCLEAR REGULATORY COMMISSION

WASHINGTON, 0. C. 20555 August-1, 1-985 r TO ALL LICENSEES

SUBJECT; COMMERCIAL STORAGE AT POWER REACTOR SITES OF LOW-LEVEL RADIOACTIVE

WASTE NOT GENERATED BY THE UTILITY (Generic Letter 85-14)

Gentlemen:

The Low-Level Radioactive Waste Policy'Act of 1980 (P.L.96-573) assigned to the states the responsibility to provide for disposal of commercial low-level radioactive waste (LLW) generated within each state., The Act envision'ed that all 'states would be capable of providing'for disposal of commercial LLW generated within their borders by 1986. "Based on the current status of state efforts and the substantial time required to establish new disposal facilities, no new sites will be available for at least several years. Due to the uncertainty of this situation and statements made by some officials of states within which currently operating disposal sites are located, it appears possible that access to the existing sites nly be restricted.

While some licensees hive taken steps to temporarily store LLW generated at their sites to alleviate aryli'ipact that limiting of atccess-to disposal capacity may have on licensed operations, provisions for storing LLW should be used only for interim continWency purposes. It is the policy of the NRC that licensees should continue to ship waste-for disposal at existing sites to the maximum 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 LLW

generated within the states. While the NRC'recognizes that storage may appear deSirable'in states which have'not'resolved their low-level waste disposal problems, commercial storage facilities, however, should not become de'facto disposal sites. NRC will require for commercial storage under its jiuriisdction that, in addition to safe siting and operation, commitments and assurances be made for eventual disposition of all waste stored at commercial storage locations. This includes provisions for repackaging (ifnecessary), 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'reactor sites as commercial storage locations for LLW not generated by the utility licensee.! As a matter of policy, the NRC is opposed to any activity at a nuclear reactor site which is not generally supportive of activities authorized by the operating license or construction permit and which may divert the atten- tion of licensee management from its primary task of safe operation or construction 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 Y

subject to'NRC Jurisdiction regardless of whether or not the reactor is located " "I

in an Agreement State, pursuant to the regulatory policy expressed in

10 CFR 150.15(a)(1). Within Agreement States, for locations outside the 'C1 exclusion areas, the licensing authority is in the Agreement State.

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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 impactiwill result and! that the commercial',storage activities will be consistent with and not compromise safe operation of the licensee's activitiest Including diverting reactor management attention from the continued safety.of 'reactor operations.

A Part 30 license is required for the low-level waste storage and a Part 50

license amendment may also be required. The application must include: x^

By the utility

0 A determination by the utility licensee that the proposed low.level waste.

commercial storage activities do not involve a safety-or environmental 4 question, 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 from safe 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 on it)elmnity-coverage;-and-

- Environmental impact of.the storage facility, including potential 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 preparation of an Environmental Impact Statement;

o Financial assurance to provide for the commercial storage operation and decommisioning including any necessary repackaging, transportation and disposal of the waste; and o Written agreement from the Jurisdiction responsible for ultimate disposal, the State, that provisions are sufficient to assure ultimate disposal of the stored waste.

The Office of Nuclear Reactor Regulation (NRR) will conduct an environmental review and review the application to determine whether the low-level waste commercial storage activities on a'reactor site impact the safe operation of the reactor. Following NRR review, the licensing authority for commercial storage on a reactor site under NRC jurisdiction (all locations in.non-Agreement States and locations within reactor exclusion areas in Agreement States) is the Office of Nuclear Material Safety and Safeguards. The NRC will assess

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environmentalilmpact and will issue an Environmental Impact Statementj-if appropriatei.-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 REGISTER

offreceipt and-availability of any 'application received fork.commercial -storage activitiees. The public'notice will also indicate the staff's intent regarding preparaition of an environmental assessment and its circulation for public review and comment.i':An Environmental Impact Statement will most likely be-needed based on the environmental assessment.

Because the NRC has not yet received or reviewed an application for a centralized commercial low-level-waste storage facility intended to store large amounts of LL1 forf1five or more years, the NRC may-consider applying the criteria described above to-such commercial storage facilitiesiwhether they belon a reactor site or not.

Interim storage of utili'ty licensee-generated LLW will continue to be considered according to the provisions stated intGeneric Letter 81-38, dated November 10,

1981. ' - ,

For additional information, please contact Frank Miraglia, Office of.Nuclear Reactor Regulation, U. S. Nuclear Regulatory Commission,' Washington, .D.C. 20555

[Telephone: (301) 492-7980I-or Richard Cunningham, Office of Nuclear Material Safety and Safeguards,' U. -. S-:Nuclear, RegulatoryqCommission, Washington, D.C.

20555 (Telephone: (301) 427--4485].. - ' . '

t *.': ' ^>~- w Sincerely, ' .

A Executive Director i'for Operations

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