ML18121A393

Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management - U.S. Presentation for the May 2018 Review Meeting

ML18121A393
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Issue date:	05/22/2018
From:	Dapas M, Gilbertson M Office of Nuclear Material Safety and Safeguards, US Dept of Energy (DOE)
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RWhited NMSS/DUWP/LLWB 415.1154 T5D25
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Download: ML18121A393 (47)

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Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management The United States of America Presentation to the 6th Review Meeting May 22, 2018

U.S. Presenters 2 Mark Gilbertson Marc L. Dapas Associate Principal Deputy Assistant Director, Office of Secretary for Regulatory and Policy Nuclear Material Safety Affairs, Office Environmental and Safeguards Management United States Nuclear United States Department of Energy Regulatory Commission

Agenda for U.S. Presentation 3 Overview of U.S. Program

• Regulatory Framework, Overview Matrix, Facilities, Program Features, Sixth Cycle Themes, Summary of Questions on National Report Department of Energy Update

• Agency Highlights & Topics of Interest, Questions on National Report Nuclear Regulatory Commission Update

• Regulatory Approach, Agency Highlights & Topics of Interest, Questions on National Report Key Takeaways from National Report

• Challenges, Proposed Areas of Good Performance, Summary

Overview of U.S. Program 4 Regulatory Framework, Overview Matrix, Facilities, Program Features, Sixth Cycle Themes, Summary of Questions on National Report

Regulatory Framework 5 EPA EPA Environmental Protection Agency (EPA): Authorized Establishes environmental standards States Nuclear Regulatory Commission (NRC):

Regulates commercial nuclear sector NRC NRC DOE Department of Energy (DOE):

Regulates DOE activities Agreement States

Overview Matrix 6 Type of Liability Long-term Management Policy Funding of Liabilities Current Practice/Facilities Future Facilities Disposal at Yucca Mountain in a The Standard Contract between utilities Onsite and away from reactors wet and A license application for a repository geologic repository in compliance and DOE for the disposal of spent fuel dry interim storage (commercial & at Yucca Mountain was filed by DOE with the Nuclear Waste Policy Act requires utilities to pay fees into the government property). NRC completed a with the Commission in 2008, but (NWPA). Nuclear Waste Fund sufficient to cover the rulemaking on Continued Storage of Spent adjudicatory proceedings before NRC costs associated with disposal activities for Fuel and prepared a supporting in which the application has been Spent fuel spent fuel. In compliance with a November Environmental Impact Statement (EIS); challenged have been suspended.

2013 court ruling, the fee was adjusted to integrated spent fuel regulatory strategy. Interim storage facility applications zero and payment of fees by utilities were Acceptance of foreign research reactor were received by NRC.

suspended in May 2014. fuel.

HLW: See above. All: Producer pays. HLW: Interim storage. HLW: See above.

Nuclear fuel cycle wastes (all Uranium & Thorium (U&Th) recovery U&Th recovery sites: Long Term U&Th recovery sites: Surface disposal U&Th recovery sites: additional license LLW included in Non-Nuclear sites: Near-surface disposal. Surveillance Fund. locally. applications expected.

fuel cycle wastes for brevity) Financial assurance required by license.

Defense HLW: See above. All: Producer pays. Defense HLW: Interim storage. Defense HLW Disposal: See above.

Defense TRU waste: disposal at WIPP. Defense HLW and TRU waste: Public funds. Defense TRU waste: Disposal at WIPP. Additional Defense HLW Treatment LLW: Near-surface disposal Class A, B LLW: Licensees required to demonstrate LLW: 4 commercial sites plus multiple Facilities. GTCC LLW Final EIS Non-Nuclear fuel cycle wastes and C; GTCC LLW disposal path to be financial qualifications. government (DOE) facilities. completed; DOE submitted report to determined. Storage of GTCC LLW pending disposal Congress on disposal alternatives.

availability. GTCC LLW disposal path to be determined.

Nuclear Power Plants (NPPs): NPPs: D&D fund required by law. Large number of facilities undergoing Large number of facilities planned for Decontamination & Decommissioning Non-legacy Sites: Producer pays. decommissioning/ remediation. decommissioning/ remediation.

(D&D) to be completed within 60 Defense sites: Public funds for defense Decommissioning liabilities years. liabilities.

Defense, U&Th recovery and other sites: Based on risk.

Return to manufacturers and Licensee or government, if disposed by Disposal at commercial disposal sites and Possible disposal of some sources in a distributors. Disposal, reuse or government in support of public health, government sites. Storage of sources future GTCC LLW disposal facility. NRC Disused Sealed Sources recycle. safety or national security. onsite by licensees pending disposal. Off- is considering a rulemaking to expand site Source Recovery Project Source financial assurance requirements for Collection and Threat Reduction Program. sealed sources.

U.S. Spent Fuel & Radioactive Waste Facilities 7 99 operating civilian nuclear power plants 79 licensed independent spent fuel storage installations 19,300 licenses for medical, academic, industrial, and general uses of nuclear materials 7 operating uranium recovery sites 13 licensed fuel cycle facilities 20 power reactors and 4 research reactors in decommissioning status 4 operating and 4 closed commercial low-level radioactive waste (LLW) licensed disposal facilities 4 DOE sites with stored high-level radioactive waste (HLW) 1 geologic repository for DOE transuranic (TRU) defense waste 11 operating DOE LLW disposal facilities

U.S. Spent Fuel & High Level Radioactive Waste Sites 8

U.S. Low Level Waste Sites 9 Key Features of the U.S. Program 10 Robust regulatory framework supported by multiple agencies Close coordination among agencies and with the public on rulemaking and implementation Commitment to safe management of commercial and government sector spent fuel and radioactive waste Commitment to information sharing and collaboration with international partners https://www.energy.gov/sites/prod/files/2017/12/f46/10 17%206th_%20US_National_Report%20%28Final%29.pdf

U.S. Responses to Sixth Cycle Themes 11 Staffing, staff development, reliability of funding, other human resource areas

• Use of workforce retention and succession plans to maintain core competencies

• Many opportunities for higher education, professional development, and training Public involvement and engagement

• Extensive statutory and regulatory system informs the public and provides opportunities to comment on proposed actions Developing strategies for radioactive waste and spent fuel at an early stage

• Factors considered include safety, environmental protection, emergency preparedness, justification of facility need, cost, and schedule Management of disused sealed sources

• Addressed in subsequent slides

Summary of Questions Received on U.S. National Report 12 Topic Quantity  %

Spent Fuel Management 29 28%

Decommissioning 16 15%

Radioactive Waste Management 9 9%

Regulatory Framework 6 6%

Radiation Safety 5 5%

Emergency Preparedness 5 5%

Spent Fuel Fees 4 4%

Greater-Than-Class C LLW 4 4%

Import/Export 4 4%

Concentration Averaging 3 3%

NRC Regulations 3 3%

Waste Isolation Pilot Plant 3 3%

Other 13 11%

Total 104 100%

Department of Energy Update 13 Agency Highlights & Topics of Interest, Questions on National Report

DOE Highlights & Topics of Interest 14 Waste Isolation Pilot Plant (WIPP) Recovery & Restart Depleted Uranium Oxide Greater-Than-Class-C (GTCC) LLW Disused Sealed Sources Medical Isotope Molybdenum-99 Decontamination & Decommissioning (D&D) Progress

Waste Isolation Pilot Plant (WIPP) 15 Recovery & Restart Series of recovery activities and corrective actions initiated to work toward safe re-opening of WIPP following February 2014 incidents Enhanced WIPP waste acceptance criteria and systemic improvements provide new layers of contractor and government oversight Waste emplacement operations resumed January 2017 Shipments resumed in April 2017 Priority is the safe preparation, shipment, and emplacement of TRU waste at WIPP

Depleted Uranium Oxide 16 Planning underway for future disposal of depleted uranium oxide conversion product generated from DOEs inventory of depleted uranium hexafluoride DOE is working on a Supplemental Environmental Impact Statement (EIS) to support potential disposition of this waste Disposition location alternatives being analyzed are:

• Nevada National Security Site in Nevada

• EnergySolutions, LLC in Utah

• Waste Control Specialists LLC in Texas

Greater-Than-Class C (GTCC) LLW 17 In February 2016, DOE issued the Final Environmental Impact Statement for the Disposal of Greater-Than-Class C (GTCC) Low-Level Radioactive Waste and GTCC-Like Waste The Environmental Impact Statement (EIS) included a preferred alternative of land disposal at generic commercial facilities and/or disposal at WIPP geologic repository In accordance with the Energy Policy Act of 2005, DOE issued a Report to Congress in November 2017 on disposal alternatives for GTCC LLW The Final EIS and Report to Congress do not constitute a final decision on GTCC LLW disposal

Disused Sealed Sources 18 End of life management options include storage, return to manufacturer, recycling, and disposal

• Three commercial facilities available for disposal, with some limitations on waste acceptance

• Manufacturers and distributors accept return of sources from customers as deemed appropriate

• Safe and secure storage required for sources that remain with the owner of record The National Nuclear Security Administration Off-Site Source Recovery Project (OSRP) recovers disused sealed sources in support of national security, public health and safety

• Since 1997, over 37,000 disused sealed sources recovered domestically under this project OSRP includes repatriation of certain U.S-manufactured sources

• The Code of Conduct on the Safety and Security of Radioactive Sources supports return to supplier in cases where authorized by national law

• Since 2005, over 3,000 sources recovered internationally

Medical Isotope Molybdenum-99 19 DOE supports U.S. private sector acceleration of commercial, non-highly-enriched uranium methods to produce molybdenum-99 (99Mo)

• NRC or Agreement State responsible for licensing of any new medical isotope facility used for 99Mo production DOE established the Uranium Lease and Take-Back Program (ULTB) in January 2016, in accordance with the American Medical Isotope Production Act of 2012

• The ULTB Program makes DOE low-enriched uranium available through lease contracts for production of 99Mo for medical uses

• The ULTB Program also requires DOE to take title and be responsible for the final disposition of radioactive waste for which the Secretary of Energy determines there is no disposal path and for spent nuclear fuel generated through the production of 99Mo U.S. commercial production of 99Mo has not yet commenced

• In February 2018, the U.S Food and Drug Administration approved NorthStar Medical Radioisotopes, LLCs non-highly-enriched uranium technology called the RadioGenix System.

The company is working towards commercial production and shipments.

Decontamination & Decommissioning (D&D)

Progress 20 DOE continues to make significant progress on D&D within cleanup sites across the U.S., some examples include:

• At the East Tennessee Technology Park on the Oak Ridge Reservation we've completed D&D of the large gaseous diffusion enrichment plants and continue to work on the remaining supporting facilities and remediation

• At the Portsmouth gaseous diffusion enrichment plant near Piketon Ohio, we are in the midst of D&D, and are beginning construction of a new onsite disposal facility for the majority of the radioactive waste generated from that process

• At the West Valley Demonstration Project, in New York, we are demolishing the vitrification facility and are preparing the Main Plant Process Building for demolition.

• At Lawrence Berkley National Laboratory, in California, we removed several buildings, concrete slabs, and associated underground utilities and contaminated soil.

Questions Received on U.S. National Report 21 Radioactive Waste Management Coordination Among Regulatory Agencies

Radioactive Waste Management 22 Summary of Questions & Comments

• What factors are considered in selecting disposal options for legacy waste?

• How is performance controlled?

• How does the U.S. minimize generation of waste with no disposal path?

Key Points

• Protection and safety of workers, the public, and the environment is paramount in all disposal decisions

• Several DOE directives specify performance objectives and measures that must be met for disposal activities

• DOE Order 435.1, Radioactive Waste Management, and DOE Manual 435.1-1, Radioactive Waste Management Manual, contain specific requirements for the generation, treatment, storage, and disposal of DOE radioactive waste

• The Order and Manual also describe requirements for life-cycle planning and for generation of waste with no disposal path

• Waste streams with no disposal path may only be generated in accordance with approved conditions

Coordination Among Regulatory Agencies 23 Summary of Questions & Comments

• How are interfaces between NRC and DOE managed?

• Are joint inspections conducted?

• How are discrepancies avoided?

Key Points

• Each agencys roles and responsibilities outlined in legislation

• Agencies coordinate on various issues, especially rulemaking, and may communicate via formal and informal meetings, workshops, conferences, and public meetings

• Agencies do not perform joint inspections, but may allow observers from other agencies to attend

• Regulatory agencies may coordinate activities and share information where the same facility is subject to their separate authorities

• The Interagency Steering Committee on Radiation Standards, comprised of multiple agencies, facilitates consensus on radiation dose levels and consistent risk approaches in setting and implementing standards

Nuclear Regulatory Commission Update 24 Regulatory Approach, Agency Highlights & Topics of Interest, Questions on National Report

NRC Regulatory Approach 25 The NRC was created through the Energy Reorganization Act of 1974 to independently oversee - but not promote - the civilian use of radioactive materials

NRCs Agreement State Program 26 Enacted in 1959 Regulates about 16,500 licensees in 37 States Provides a mechanism for transfer and discontinuance of certain NRC authority; reserves certain areas for NRC to regulate Establishes cooperative program All active commercial LLW disposal sites are in Agreement States

NRC Highlights & Topics of Interest 27 Consolidated Interim Storage Facilities (CISF) for Spent Fuel High-Level Radioactive Waste (HLW) Activities Reactor Decommissioning Activities Reactor Decommissioning Rulemaking Cleanup of Non-Military Radium Title 10 of the Code of Federal Regulations (10 CFR) Part 61 Rulemaking Greater-than-Class-C (GTCC) LLW Very Low-Level Waste (VLLW)

Radiation Source Protection and Security Task Force Public Engagement in the Regulatory Process

Consolidated Interim Storage Facilities (CISF) for Spent Fuel 28 Applications for CISFs

• April 2016 - Waste Control Specialists (WCS) submitted a license application to the NRC to construct and operate a CISF in the state of Texas

• April 2017 - WCS requested that the NRC temporarily suspend the application review

• March 2017 - Holtec International, in coordination with the Eddy-Lea Energy Alliance, submitted a license application to the NRC to construct and operate a CISF in the state of New Mexico

• The Holtec application is currently under review by the NRC staff

High-Level Radioactive Waste (HLW) Activities 29 Yucca Mountain License Application Review

• In January 2015, the NRC staff completed the safety evaluation report (NUREG-1949)

• In May 2016, NRC published a supplement to DOEs EIS (NUREG-2184)

• In 2018, NRC will conduct limited evaluation of infrastructure needs associated with possible resumption of hearing activities

Reactor Decommissioning Activities 30 Crystal River Increasing inventory of reactor decommissioning sites Expecting large volumes of waste Completing rulemaking to improve efficiency Vermont Yankee Kewaunee

Reactor Decommissioning Rulemaking 31 Rulemaking initiated in 2015 to provide a more efficient and predictable decommissioning transition process Schedule:

• November 2017 - Final Regulatory Basis published

• May 2018 - Proposed Rule submitted to the Commission for review

• Fall 2019 - Final Rule submitted to the Commission for review

Cleanup of Non-Military Radium 32 NRC identifying and facilitating cleanup of sites with Radium-226 contamination in Non-Agreement States Recent developments

• Implementing risk-informed approach

• 33 initial sites assessed

• 14 sites had residual radium activity above background levels

• Coordinating with other Federal agencies in their cleanup efforts

• Sharing lessons learned

• Extensive stakeholder communication and coordination

Title 10 of the Code of Federal Regulations (10 CFR) Part 61 Rulemaking 33 Amend regulations that govern LLW disposal facilities

• Ensure LLW streams that are significantly different from those considered in the current 10 CFR Part 61 rule can be disposed of safely

• Increase the use of site-specific information to ensure performance objectives are met Recent developments

• September 2016 - Draft Final Rule provided to the Commission

• September 2017 - Staff Requirements Memorandum SECY-16-0106 - Final Rule: Low-Level Radioactive Waste Disposal

• The Commission directed the staff to make substantive revisions and republish as a supplemental proposed rule

Greater-Than-Class-C (GTCC) LLW 34 GTCC LLW is not generally acceptable for near-surface disposal and must be disposed of in a geologic repository licensed by the NRC unless the Commission approves an alternative proposal NRC to prepare regulatory basis for the disposal of GTCC LLW, through a means other than deep geologic disposal Recent Developments

• January 2015 - State of Texas asked NRC whether it could authorize disposal of GTCC LLW in a near-surface disposal facility

• February/March 2018 - NRC issued draft technical analysis and held public meetings

Very Low Level Waste (VLLW) 35 In the U.S., VLLW is not a formal designation and does not have a statutory or regulatory definition May be approved for disposal at locations other than LLW disposal facilities on a case-by-case basis Recent developments

• February 2018 - NRC initiated a scoping study to assess its regulatory oversight of VLLW

• Purpose is to identify options to improve and strengthen NRCs regulatory framework for disposal of VLLW

• Will assess international VLLW disposal practices

• Recommendations could include future rulemaking or guidance development

Radiation Source Protection and Security Task Force 36 Task Force composed of 14 Federal Agencies and one State organization

• Chaired by NRC

• DOE, EPA, and the Department of State are member agencies Objective is to evaluate and provide recommendations related to domestic security of radioactive sources Recent developments

• Implementation Plan issued in February 2017

• Preparing 2018 report to the President and Congress

Public Engagement in the Regulatory Process 37 Various opportunities to participate in a meaningful way Noteworthy examples:

• Formal petition - formal process to raise health/safety concerns

• Hearing process - opportunity to intervene in a licensing action

• Petition for rulemaking process - requests to change NRC rules

• Allegations Program - less formal process to raise health/safety concerns via hotline, email, or in person

• Public comment process under the U.S. Administrative Procedure Act (Public Law 79-404)

• Public meeting feedback forms

Questions Received on U.S. National Report 38 LLW Concentration Averaging Spent Fuel Storage Emergency Preparedness

LLW Concentration Averaging 39 Summary of Questions and Comments

• What U.S. regulations allow blending of higher-activity LLW with lower-activity LLW?

• Is blending of LLW consistent with objectives to protect the environment?

Key Points

• NRC regulations in 10 CFR 61.55(a)(8) allow averaging radionuclide concentrations when determining waste classification

• Guidance is provided in NRCs Branch Technical Position on Concentration Averaging and Encapsulation (CA BTP), available at https://www.nrc.gov/waste/llw-disposal/llw-pa/llw-btp.html

• The CA BTP was extensively revised in 2015 to be more risk-informed and performance-based

• The techniques and methods described in the CA BTP are protective of public health and safety and the environment

Spent Fuel Storage 40 Summary of Questions and Comments

• What are the licensing requirements for independent spent fuel storage installations (ISFSIs)?

• What scenarios were considered in NRCs 2014 rulemaking on Continued Storage of Spent Nuclear Fuel?

Key Points

• For a site-specific ISFSI license, the site and containers are approved for up to a 40-year period with possible renewals

• For a general license, the license term is a function of the Certificate of Compliance (CoC) for the dry cask system; the CoC may also be renewed

• Renewal applications must address aging mechanisms and effects that could impact structures, systems, and components relied upon for safety

• In the Generic Environmental Impact Statement for Continued Storage of Spent Nuclear Fuel (NUREG-2157), the NRC considered three scenarios for the storage of spent fuel beyond the licensed operating life of a reactor

• NRC considers the most likely scenario to be the short-term timeframe of 60 years after a reactor ceases operations

Emergency Preparedness 41 Summary of Questions and Comments

• What are the arrangements for notifying the public in case of an emergency?

• What are the requirements for conducting emergency preparedness exercises at spent fuel storage facilities?

Key Points

• The National Response Framework guides how the U.S. responds to all types of disasters and emergencies

• Protective Action Guides help emergency managers and public officials make decisions about evacuation or other actions to protect the public

• NRC regulations provide requirements for emergency plans at spent fuel storage facilities, including provisions for conducting exercises to test the response to simulated emergencies

Key Takeaways from U.S. National Report 42 Challenges, Proposed Areas of Good Performance, Summary

Challenges for the U.S. Program 43 Disposal of spent fuel and HLW

• Continued Congressional appropriations funding uncertainty regarding path forward for repository at Yucca Mountain

• NRC and DOE prepared to support resumption of Yucca Mountain licensing process

• DOE supports development of interim storage capabilities for spent fuel

• Presidents 2019 Federal Budget Proposal requests funding for both activities The NRC is responding to changes in the external environment

• Transformation initiative

Proposed Areas of Good Performance 44 Cleanup of non-military radium contamination Continuous improvement of the regulatory framework Public engagement in decisions related to spent fuel and radioactive waste management Domestic and international disused sealed source collection efforts International cooperation on decommissioning and other nuclear safety and security topics

International Cooperation 45 The U.S. collaborates with international partners on a wide range of nuclear safety and security topics Promotes the exchange of institutional and technical knowledge Decommissioning has been a focus area

• Led workshops and training sessions

• Supported bilateral meetings and technical exchanges

• Hosted foreign assignees

• Participated in conferences and multilateral consultancies

Summary 46 Mature and successful safety program for spent fuel and radioactive waste management Comprehensive regulatory infrastructure Active support and promotion of the Joint Convention

Thank you for your attention! 47