ML20058G932
| ML20058G932 | |
| Person / Time | |
|---|---|
| Site: | 07109218 |
| Issue date: | 10/31/1990 |
| From: | Carr K NRC COMMISSION (OCM) |
| To: | Synar M HOUSE OF REP., GOVERNMENT OPERATIONS |
| Shared Package | |
| ML20058G933 | List: |
| References | |
| NUDOCS 9011140125 | |
| Download: ML20058G932 (9) | |
Text
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pA rag g
k UNITED STATES y'
NUCLEAR REGULATORY COMMISSION t
WASHINGTON, D. C. 20666 t
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October 31, 1990 CHAIRMAN i
The Honorable Mike Syner, Chairman Subcemittee on Environment, Energy, and Natural Rescurces 1
Comittee on Government Operations United States House of Representatives Washington, D.C.
20515
Dear Mr. Chairman:
I am responding to your letter of September 28, 1990, concerning the Comission's role in the issuance and regulation of packaging certificates issued to the Department of Energy (DOE).
You requested a detailed description of cur legal authority and regulatory responsibilities in this area, including compliance inspection responsibilities, and a listing of all DOE Safety AnalysisReportsforPackaging(applications)reviewedsinceMay 12, 1987.
under the Atomic Energy Act of 1954, as amended, the transportation of radio-active material by DOE is not subject to regulation by the Nuclear Regulatory Comission (NRC). The Act generally extends NRC jurisdiction to any " person" engaged in specified activities but excludes "the [ Atomic Energy] Commission" and its legal successors from the scope of this definition.
Because DOE is a successor to the Atomic Energy Commission insofar as it exercises functions authorized by the Atomic Energy Act, the Department must comply with NRC transport regulations only when specifically required to do so by law (e.g.,
section 137 of the Nuclear Waste Policy Act of 1982, as amended)
DOE is subject to the requirements of the Department of Transportation (00T).
DOT, pursuant to 49 CFR 173.7(d), has authorized DOE to review and certify its own packages. DOT has also authorized the use of packages certified by NRC and l
has incorporated NRC's packaging requirements in its regulations.
Except as l
etherwise required by law, DOE has the option to use packages that have been certified by NRC or to develop and certify packages under its own authority.
Pursuant to 10 CFR Part 71, NRC reviews 6nd issues approvals for packa designs and quality assurance plans for radioactive material packages.geNRC also performs inspections to determine whether the quality assurance plans are l
being adequately implemented.
NRC's practice has been to review any package l
designs submitted by D0E.
However, subsequent use and maintenance of packages by DOE is not subject to NRC regulation.
A more detailed discussion of these activities and legal authority-is provided in Enclosure 1.
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With regard to TRUPACT-!!, the NRC design review was conducted under the same authcrity and procedures used by NRC for other packepe reviews.
Pacific Muclear Systems, Inc., has a quality assurance plan approved by NRC which was followed in the fabrication of TRUPACT-II packages. The inspection of Pacific Nuclear Systems, Inc., was to determine whether its quality assurance plan was being adequately implemented.
As you requested, I heve enclosed a list of all DOE applications reviewed since May 12, 1987 (Enclosure 2).
I hope the information we are providing will assist you and the members of your Subcommittee in your review of DOE's waste transportation activities.
Sincerely.
Kenneth M. Carr
Enclosures:
- 1. NRC Authority to Regulate Transportation of Radioactive Material
- 2. DOE Transportation Package Applications Reviewed or Certified by NRC Since May 12, 1987 l
1 NUCLEAR REGULATORY COMMI5510N AUTil0RITY TO REGULATE i
TRANSPORTATION OF RADI0 ACTIVE MATERIAL l
The Atomic Energy Act of 1954, as amended. (Atomic Energy Act) (42 U.S.C. 2011 et seq.) provided the legal basis for the Atomic Energy Comission's (AEC's) regulation of the transportation activities of both its Itcensees and contrac-tors to enable the AEC to protect the public health and safety and to promote the comon defense and security.
Section 201(a)(1) of the Energy Reorganization Act of 1974, as amended (ERA) (42 U.S.C. 5801 et seq.) established the Nuclear Regulatory Consnission (NRC), and Section 201(f) of the ERA "... transferred to the Comission all the licensing and related regulatory functions of the Atomic Energy Comission." The AEC was abolished by Section 104(a) of the ERA. The licensing and related regulatory functions transferred to NRC by the ERA included those previously performed by the AEC pursuant to Chapters 6, 7, 8, end 10 uf the Atomic Energy Act, as well as those other functions of the AEC excepted from transfer to the Administrator of the Energy Research and Develop-ment Administration (ERDA) by Section 104(c) of the ERA. The Department of Energy (00E) Organization Act (42 U.S.C. 7211 et seq.) enacted August 4,1977, abolished ERDA and transferred its functions to 00E.
l Package-design approvals are issued by NRC in accordance with the Comis-sion's regulations codified in 10 CFR Part 71, " Packaging ~ and Transportation of Radioactive Material."
The primary statutory bases in the Atomic Energy Act underlying the requirements in 10 CFR Part 71 are:
Sections 53 and 57 (licensing authority over domestic use of special nuclear material); Sections l
62 and 63 (licensing authority over domestic use of source material); Section 81 (licensing authority over domestic use of byproduct material); Section 161 (general authority for the Comission, among other things, to promulgate regulations governing the receipt, possession, use, and transfer of source, special nuclear, and byproduct material that it deems necessary or desirable to promote the comon defense and security or to protect the public health and safety); and Sections 182 and 183 (provisions relating to license applications and terms of licenses).
ENCLOSURE 1
t The provisions of 10 CFR Part 71 establish procedures and standards for NRC approvcl of ptekaging and shipping procedures for fissile material and for a quantity of other licensed material in excess of a Type A quantity as defined in 10 CFR Part 71.4.
The issuance of a design approval is not dependent on who might use the package nor is the approval in any way dependent on the place of origin or destination of shipments that might be made with packages of the proposed designe Under Subpart D of 10 CFR Part 71, an application for a package approval may be submitted by any " applicant," a term that is broad enough to include 00E.
The design-approval process involves a demonstration that the design of the package satisfies the package-approval standards contained in 10 CFR Part 71, as related to the tests in that Part used to evaluate the adequacy of the package design.
The validity of a certificate of compliance for a package is conditioned on adherence to specified operating controls and procedural requirements, to the quelity assurance (QA) requirements, and to the general provisions of 10 CFR Part 71, including 11.5. Department of Transportation (DOT) regulations referenced in 10 CFR 71.5.
Issuance of a certificate of compliance by NRC only inficates that the package design meets the approval standards in 10 CFR Part 71. Authority to use the package for transport is provided by a general license in 10 CFR Part 71, subject to the conditions of the certificate and to other provisions in 10 CFR Part 71.
Whether the package might be used by DOE (or its contractor) has no bearing on the Comission's jurisdiction to undertake a review.
An applicant for a package approval or QA program approval would be required to meet the provi-sions of 10 CFR Part 71.
HRC could enforce such package approval and QA requirements and other associhted compliance inspection responsibilities with i
respect to NRC licensees.
However, absent a specific statutory provision (in addition to the provisions of the Atomic Energy Act), NRC lacks sufficient regulatory jurisdiction over DOE to require that DOE (or any of its contractors) comply with an NRC-approved QA requirement or any other associated compliance inspection responsibilities.
ENCLOSURE 1
b.
It is NRC's legal position that DOE may apply to NRC for package approval and issuance of a certificate of compliance (as in the case of TRUPACT 11),
pursuant to the provisions of 10 CFR Part 71.
If a certificate of compliance were granted, the package could thereaf ter be used by NRC licensees pursuant to the general license provisions of 10 CFR Part 71.12. The Commission's role is thus related to its interest in regulating certain conditions of safe transportation, not in regulating or licensing any DOE defense activity or
- facility, l
1 l
ENCLOSURE 1