Texas Compact Commission Holds August 2017 Meeting

On August 10, 2017, the Texas Low-Level Radioactive Waste Disposal Compact Commission (Texas Compact Commission) held a regularly scheduled meeting in Austin, Texas.  The meeting began at 9:00 a.m. CT.  It was held in the Room E201S at the offices of the Texas Commission on Environmental Quality (TCEQ), which is located at 12100 Park 35 Circle in Austin, Texas.

The formal meeting agenda is available on the Texas Compact Commission’s web site at www.tllrwdcc.org. 

Agenda  The following is an abbreviated overview of the agenda for the Texas Compact Commission meeting.  Persons interested in additional detail are directed to the formal agenda themselves.

  • call to order;
  • roll call and determination of quorum;
  • introduction of Commissioners, elected officials and press;
  • public comment;
  • consideration of and possible action on applications for importation of low-level radioactive waste from Alaron Veolia, U.S. Army, Bionomics, Perkin Elmer, Dominion Kewaunee, Duke Brunswick, Duke Brunswick (irradiated hardware), Exelon, Fort Calhoun, Southern Nuclear Vogtle, Tennessee Valley Authority, and Xcel Prairie Island;
  • consideration of and possible action on an application for exportation of low-level radioactive waste from Luminant Comanche Peak, Entergy Vermont Yankee, STP, University of Houston, Midland, Trinity, UTHSC Houston and UTMB;
  • receive reports from Waste Control Specialists LLC (WCS) about recent site operations and any other matter WCS wishes to bring to the attention of the Texas Compact Commission;
  • receive reports from Texas Compact Commission committees including the Rules Committee (as Chaired by Commissioner Morris) and the Capacity Committee (as Chaired by Commissioner Weber);
  • consideration and possible action to adopt the Commission’s annual budget for FY 2018 pursuant to Article VI, Section Two of the Commission’s Bylaws and approve the budget estimates for FY 2019 and FY 2020;
  • consideration, evaluation and possible action with respect to the renewal, extension, modification of terms or dismissal of contract employees including Leigh Ing, Andrew Tachovsky and Diane Fulmer;
  • Chairman’s report on Texas Compact Commission activities including reporting on fiscal matters to be taken by the compact and addressing personnel matters;
  • report from Leigh Ing, Executive Director of the Texas Compact Commission, on her activities and questions related to Texas Compact Commission operations;
  • discussion and possible changes of dates and locations of future Texas Compact Commission meetings in 2017 and 2018; and,
  • adjourn.

Background  The Texas Compact Commission may meet in closed session as authorized by the Texas Open Meetings Act, Chapter 551, Texas Government Code.  Texas Compact Commission meetings are open to the public.

For additional information, please contact Texas Compact Commission Executive Director Leigh Ing at (512) 305-8941 or at leigh.ing@tllrwdcc.org

Texas Compact Activity, Disposal Reporting and Pending Legislation

At the spring 2017 meeting of the Low-Level Radioactive Waste Forum (LLW Forum) in Denver, Colorado on April 24-25, 2017, the Executive Director of the Texas Low-Level Radioactive Waste Disposal Compact Commission (TLLRWDCC or Commission) provided the following information and overview related to Commission activities and operations.

Background

The Texas Low-Level Radioactive Waste Disposal Compact (Texas Compact) includes the State of Vermont and is not an agency of the State of Texas.  The TLLRWDCC is a “legal entity separate and distinct from the party states…”  The Commission must comply with its federal compact law and is charged with protecting the capacity of the compact facility for Texas and Vermont generators.

Limitations to Jurisdiction and Purview

The Texas Compact does not own or operate the compact facility, which is owned by the State of Texas and operated by Waste Control Specialists (WCS).  The Texas Compact does not set surcharges or charge fees of any type, nor does it determine licensing requirements or license the facility.  The Texas Commission on Environmental Quality (TCEQ) licenses the compact facility and approves waste streams.  The following matters are outside of the TLLRWDCC’s purview:  high-level waste, transuranic waste, Greater-than-Class C waste, spent fuel storage, NORM or TENORM, site operations at the compact waste facility (TCEQ), and waste shipments (TCEQ and DSHS).

Imports and Exports

The TLLRWDCC authorizes imports and exports in alignment with Texas policy and law and ensures protection of capacity.  For imports, the Commission has developed an approach based on:  a policy to ensure maximum disposal of allowed curies; the need for flexibility based on the regulatory and industry hurdles generators/brokers encounter; and, a need for a fair and unbiased allocation of curie availability.  The TLLRWDCC supports exports for good cause.  As such, it will be conducting an analysis of exported quantities.

Irradiated Hardware

Given that irradiated hardware can have a significant impact on the amount of curies disposed at the compact facility, the TLLRWDCC will continue to approve import applications as it always has with the exception of irradiated hardware.  Under the Commission’s policies, irradiated hardware must be submitted as a separate import application.  All requests over 15,000 curies, if approved, will be issued conditionally.  Once the generator submits documentation that substantiates volume, curies and shipment date, the Commission will release conditionally authorized curies, if available on a first come, first served basis.  This approach has been adopted as policy that can be found on the Commission’s website.

Forms and Automation

The TLLRWDCC rules require the use of an Import Application Form—a.k.a. “Annex A.”  The form is currently available as a pdf on the Commission’s website.  In addition, the Export Application Form and Generator Authorization Form are also available on the website.  The Commission is beginning work to automate import and export processing.  This will require the import and export forms to be fillable.

Annual Reporting and Disposal Numbers

Annual Reports are available at http://www.tllrwdcc.org/reports-more/.  The 2016 Annual Report is more robust and includes:  listing of import agreements, volume and curies; listing of export agreements; and, fees generated.  Disposal numbers in volume and curies for imported waste and in-compact waste are available at http://www.tllrwdcc.org/reports-more/.

Legislative Activities

Because the Texas Compact receives funding through the State of Texas appropriation process, the status of the Compact as an agency presents confusion.  The Texas Compact is with working with the legislature to provide clarification to State of Texas employees that the Texas Compact is a “legal entity separate and distinct from the party states …”  During the current legislative session, two items—SB 1667 by Senator Seliger and HB 3946 by Representative Landgraf—have been filed as companion bills.  SB 1667 and HB 3946 relate to the nature, funding, and functions of the TLLRWDCC.

Management Rule

TLLRWDCC Commissioner Linda Morris chairs a committee that is charged with drafting rules for management of low-level radioactive waste in the Texas Compact.  These rules will have applicability in Vermont.  The scope of the rule will likely include only reporting requirements.  The rulemaking will include an informal comment period before instituting the formal process.

Workshops

In September 2016, the Texas Compact conducted its first workshop in Burlington, Vermont.  The workshop was geared toward Vermont generators.  The Texas Compact is considering doing a similar workshop for Texas generators, particularly small generators.  The compact will also consider workshops for larger generators, as may be needed.

For additional information, please contact Texas Compact Commission Executive Director Leigh Ing at (512) 305-8941 or at leigh.ing@tllrwdcc.org

Texas Compact Commission Holds February 2017 Meeting

On February 23, 2017, the Texas Low-Level Radioactive Waste Disposal Compact Commission (Texas Compact Commission) held a regularly scheduled meeting in Austin, Texas.  The following items were on the meeting agenda:

  • call to order;
  • roll call and determination of quorum;
  • introduction of Commissioners, elected officials and press;
  • public comment;
  • consideration of and possible action on an amendment to an import agreement for importation of low-level radioactive waste from ThermoProcess;
  • consideration of and possible action on applications and proposed agreements for importation of low-level radioactive waste from EnergySolutions Bear Creek and RAM Services;
  • consideration of and possible action on an amendment to an exportation agreement for exportation of low-level radioactive waste from Bionomics TAMU Kingsville;
  • consideration of and possible action on applications for exportation of low-level radioactive waste from Bionomics Peleton;
  • discussion and consultation with legal counsel concerning pending litigation United States v. EnergySolutions, Inc. (Civil Action No.: 1:16-cv-01056-GMS) and responses to inquiries and requests from litigants in the litigation;
  • receive reports from Waste Control Specialists LLC (WCS) about recent site operations and any other matter WCS wishes to bring to the attention of the Texas Compact Commission;
  • receive reports from Texas Compact Commission committees including the Rules Committee (as Chaired by Commissioner Morris) and the Capacity Committee (as Chaired by Commissioner Weber);
  • Chairman’s report on Texas Compact Commission activities including reporting on fiscal matters to be taken by the compact and addressing personnel matters;
  • report from Leigh Ing, Executive Director of the Texas Compact Commission, on her activities and questions related to Texas Compact Commission operations;
  • discussion and possible changes of dates and locations of future Texas Compact Commission meetings in 2017; and,
  • adjourn.

The Texas Compact Commission may meet in closed session as authorized by the Texas Open Meetings Act, Chapter 551, Texas Government Code.  Texas Compact Commission meetings are open to the public.

For additional information, please contact Texas Compact Commission Executive Director Leigh Ing at (512) 305-8941 or at leigh.ing@tllrwdcc.org

Texas Compact Commission Holds December 2016 Meeting

On December 2, 2016, the Texas Low-Level Radioactive Waste Disposal Compact Commission (Texas Compact Commission) held a regularly scheduled meeting in Austin, Texas.

The meeting began at 9:00 a.m. CDT.  It was held in the Room E1.028 at the Texas State Capitol, which is located at 1100 Congress Avenue in Austin, Texas.

The formal meeting agenda is available on the Texas Compact Commission’s web site at www.tllrwdcc.org.

Agenda

The following is an abbreviated overview of the agenda for the Texas Compact Commission meeting.  Persons interested in additional detail are directed to the formal agenda themselves.

  • call to order;
  • roll call and determination of quorum;
  • introduction of Commissioners, elected officials and press;
  • public comment;
  • consideration of and possible action on applications and proposed agreements for importation of low-level radioactive waste from Exelon; Alaron Veolia; and, Entergy-Grand Gulf;
  • consideration of and possible action on petitions and proposed orders for exportation of low-level radioactive waste from Texas A&M;
  • receive reports from Waste Control Specialists LLC (WCS) about recent site operations and any other matter WCS wishes to bring to the attention of the Texas Compact Commission;
  • receive reports from Texas Compact Commission committees including the Rules Committee (as Chaired by Commissioner Morris) and the Capacity Committee (as Chaired by Commissioner Weber);
  • Chairman’s report on Texas Compact Commission activities including reporting on fiscal matters to be taken by the compact and addressing personnel matters;
  • report from Leigh Ing, Executive Director of the Texas Compact Commission, on her activities and questions related to Texas Compact Commission operations;
  • discussion and possible changes of dates and locations of future Texas Compact Commission meetings in 2017; and,
  • adjourn.

Background

The Texas Compact Commission may meet in closed session as authorized by the Texas Open Meetings Act, Chapter 551, Texas Government Code.  Texas Compact Commission meetings are open to the public.

For additional information, please contact Texas Compact Commission Executive Director Leigh Ing at (512) 305-8941 or at leigh.ing@tllrwdcc.org

Texas Compact Commission Holds August 2016 Meeting

On August 11, 2016, the Texas Low-Level Radioactive Waste Disposal Compact Commission (Texas Compact Commission) held a regularly scheduled meeting in Austin, Texas.

The following is an abbreviated overview of the agenda for the Texas Compact Commission meeting.  Persons interested in additional detail are directed to the formal agenda themselves.

  • call to order;
  • roll call and determination of quorum;
  • introduction of Commissioners, elected officials and press;
  • public comment;
  • consideration of and possible action on applications and proposed agreements for importation of low-level radioactive waste from Xcel – Prairie Island; PerkinElmer; Entergy – Palisades; Thermo Process Instruments; Bionomics; and, Entergy – Riverbend;
  • consideration of and possible action on applications on petitions and proposed orders for exportation of low-level radioactive waste from Alcon; Texas Children’s Hospital; and, Texas A&M;
  • receive reports from Waste Control Specialists LLC (WCS) about recent site operations and any other matter WCS wishes to bring to the attention of the Texas Compact Commission;
  • receive reports from Texas Compact Commission committees including the Rules Committee (as Chaired by Commissioner Morris) and the Capacity Committee (as Chaired by Commissioner Weber);
  • reconsideration of and possible action to adopt the Texas Compact Commission’s annual budget estimates for FY 2018 and FY 2019 pursuant to Article VI, Section Two of the Bylaws in light of the Legislative Appropriations Request to the State of Texas Legislative Budget Board for FY 2018 and FY 2019;
  • consideration, evaluation and possible action with respect to contract employees Leigh Ing, Andrew Tachovsky, Diane Fulmer and Eric Woomer;
  • consideration, evaluation and possible action with respect to the renewal, extension or dismissal of the contract with DigITech Web Design;
  • consideration and possible action to authorize the Chair to execute a contract, not to exceed $25,000, with an attorney to assist in matters associated with the laws and operations of interstate compacts;
  • Chairman’s report on Texas Compact Commission activities including reporting on fiscal matters to be taken by the compact and addressing personnel matters;
  • report from Leigh Ing, Executive Director of the Texas Compact Commission, on her activities and questions related to Texas Compact Commission operations;
  • discussion and possible changes of dates and locations of future Texas Compact Commission meetings in 2016 and 2017; and,
  • adjourn.

The Texas Compact Commission may meet in closed session as authorized by the Texas Open Meetings Act, Chapter 551, Texas Government Code.  Texas Compact Commission meetings are open to the public.

For additional information, please contact Texas Compact Commission Executive Director Leigh Ing at (512) 305-8941 or at leigh.ing@tllrwdcc.org

Texas LLRW Disposal Compact Commission to Meet

April 7, 2016 in Andrews County, Texas

On April 7, 2016, the Texas Low-Level Radioactive Waste Disposal Compact Commission (Texas Compact Commission) will hold a regularly scheduled meeting in Andrews County, Texas.  The meeting is scheduled to begin at 9:30 a.m. CDT.  It will be held in the Glorietta Room at the Business and Technology Center, which is located at 201 NW Ave. D in Andrews County, Texas.

There will be no live-feed available.  However, the meeting will be recorded and made available on the Public Meetings page of the Texas Compact Commission’s web site at www.tllrwdcc.org.

The following is an abbreviated overview of the agenda for the Texas Compact Commission meeting.  Persons interested in additional detail are directed to the formal agenda themselves.

  • call to order;
  • roll call and determination of quorum;
  • introduction of Commissioners, elected officials and press;
  • public comment;
  • discussions and possible action on conditions for import associated with Thermo Process Instruments import agreement;
  • receive reports from Waste Control Specialists LLC (WCS) about recent site operations and any other matter WCS wishes to bring to the attention of the Texas Compact Commission;
  • receive reports from Texas Compact Commission committees including the Rules Committee (as Chaired by Commissioner Morris) and the Capacity Committee (as Chaired by Commissioner Weber);
  • discussion and possible action to authorize the Chair to execute a contract for an auditor to conduct annual audits each year as required by Article III, Section 3.04(5) of the Texas Compact Commission Consent Act;
  • discussion and possible action to authorize the Chair not to exceed $25,000 to contract with a person to provide technical and support services for the Texas Compact Commission from May 1, 2016 through August 31, 2016;
  • discussion and possible action to authorize the Chair to acquire office space on behalf of the Texas Compact Commission in Austin, Texas in order to meet the requirement of Article III, Section 3.04(3) of the Texas Compact Commission Consent Act that the Commission be located in the capitol city of the host state;
  • Chairman’s report on Texas Compact Commission activities including reporting on fiscal matters to be taken by the compact and addressing personnel matters;
  • report from Leigh Ing, Consulting Supervisory Director of the Texas Compact Commission, on her activities and questions related to Texas Compact Commission operations;
  • discussion and possible changes of dates and locations of future Texas Compact Commission meetings in 2016 and 2017; and,
  • adjourn.

The Texas Compact Commission may meet in closed session as authorized by the Texas Open Meetings Act, Chapter 551, Texas Government Code.  Texas Compact Commission meetings are open to the public.

 

For additional information, please contact Texas Compact Commission Consulting Supervisory Director Leigh Ing at (512) 305-8941 or at leigh.ing@tllrwdcc.org.

Texas Compact Commission to Meet in Austin on February 4, 2016

Agenda Items Include Discussion re Proposed Import Approval Approach and Reduction of Curie Amounts Previously Authorized

On February 4, 2016, the Texas Low-Level Radioactive Waste Disposal Compact Commission (Texas Compact Commission) will hold a regularly scheduled meeting. The meeting, which is scheduled to begin at 9:30 a.m., will be held in Room E1.028 of the Texas Capitol located in Austin, Texas.

Links to View Meeting

The links to view the meetings at the Texas Capitol are:

Agenda

The following is an abbreviated overview of the agenda for the Texas Compact Commission meeting. Persons interested in additional detail are directed to the formal agenda themselves.

  • call to order;
  • roll call and determination of quorum;
  • introduction of commissioners, elected officials and press;
  • public comment;
  • discussion and possible action with respect to ensuring payments and reimbursements from the Texas State Treasury to vendors, contractors, and other persons to whom the Texas Compact Commission is indebted;
  • discussion and consideration of and possible action on the limitation of authorization of disposal of curie amounts to ensure maintenance of the curie limit for the compact facility as specified in Texas Health and Safety Code (THSC) 401.207(e) including a reduction of curie amounts previously authorized;
  • consideration of and possible action on requests for amendment to agreements for importation of low-level radioactive waste from the Arizona Public Service; Entergy Fitzpatrick; and, Philotechnics;
  • consideration of and possible action on an application and proposed agreement from Entergy Operations, Inc.—River Bend Station for importation of low-level radioactive waste whereby 40,000 curies of the originally requested 80,000 curies was continued from the Texas Compact Commission meeting that was held on October 1, 2015;
  • consideration of and possible action on applications and proposed agreements for importation of low-level radioactive waste from Florida Power & Light Turkey Point; Entergy Pilgrim Station; Susquehanna Nuclear; NextEra Seabrook; and, RAM Services;
  • consideration of and possible action on a petition and proposed order for exportation of low-level radioactive waste from Bionomics TAMU EH&S; Bionomics TAMU NSC; and, Philotechnics Pet Net Solutions;
  • receive reports from Waste Control Specialists LLC (WCS) about recent site operations and any other matter WCS wishes to bring to the attention of the Texas Compact Commission;
  • receive reports from Texas Compact Commission committees including the Rules Committee (as chaired by Commissioner Morris) and the Capacity Committee (as chaired by Commissioner Weber);
  • Chairman’s report on Texas Compact Commission activities including reporting on fiscal matters to be taken by the compact and addressing personnel matters;
  • report from Leigh Ing, Consulting Supervisory Director of the Texas Compact Commission, on her activities and questions related to Texas Compact Commission operations;
  • discussion and possible changes of dates and locations of future Texas Compact Commission meetings in 2016; and,
  • adjourn.

Background

The Texas Compact Commission may meet in closed session as authorized by the Texas Open Meetings Act, Chapter 551, Texas Government Code. Texas Compact Commission meetings are open to the public.

For additional information, please contact Texas Compact Commission Consulting Supervisory Director Leigh Ing at (512) 305-8941 or at leigh.ing@tllrwdcc.org.

Texas Compact Seeks Comment re Proposed Import Approval Approach

The Texas Low-Level Radioactive Waste Disposal Compact Commission (Texas Compact Commission) is seeking comments on a proposed process for approving import applications for the disposal of low-level radioactive waste into the Compact Waste Facility that is operated by Waste Control Specialists LLC (WCS) and located in Andrews County, Texas.

Under the laws of the State of Texas, no more than 275,000 curies of low-level radioactive waste may be disposed at the Compact Waste Facility in a fiscal year. Therefore, the Texas Compact Commission is working to develop and institute an import prioritization process that would provide the maximum chance of curies being available for shipment to those generators that are able to ship to the Compact Waste Facility.

The Texas Compact Commission’s proposed concept paper, which is titled “A Process for Conditional Approval of Authorization to Dispose of Curies,” states as follows:

  1. Generally, the Commission will continue to enter into agreements with generators and brokers for importation of nonparty low-level radioactive waste for disposal (“Agreement”) in the Texas-Low Level Radioactive Waste Disposal Compact Facility (“Facility”) that are effective on the date of approval by the Commission through August 31 (the last day of the Facility’s operational year). Generators and brokers may submit applications for future operational years, but those applications will be considered in light of this policy.
  1. Starting with the February 4, 2016 meeting, all Agreements to import and dispose of a total volume of waste that contains more than 2,000 Curies during an operational year will be entered on a conditional basis.
  1. The conditions that will be included in any Agreement to import and dispose of more than 2,000 Curies will include (but not be limited to):
  • A condition providing that no shipments may be made under the Agreement without further authorization from the Commission.
  • A condition requiring that no less than 15 days before a shipment is made under the Agreement, the Generator or Broker shall provide the Commission a written notice containing evidence satisfactory to the Commission that a shipment will be made on the date proposed in the notice and that it will contain a specifically identified number of Curies. It is acknowledged that weather or other unforeseen conditions may cause a nominal delay of shipment, but that delay shall not exceed 5 days, or a new condition removal letter will be required.
  • A condition providing that no shipment will be made until the Generator or Broker has received a written communication from the Commission that: (1) it has received the notice from the Generator or Broker; (2) it is satisfied that the shipment will be made on the proposed date and that it will contain the proposed number of Curies; and (3) the disposal of the waste listed in the notice will not cause the total number of Curies disposed at the Compact facility to exceed the maximum yearly allowances for that operating year.
  • A condition memorializing the understanding of the Generator or Broker that the Agreement is null and void and no further shipments can be made pursuant to the Agreement on or after the date during an operating year that the Facility has received low-level radioactive waste containing 275,000 Curies.

In addition to seeking comments on the overall proposed process, the Texas Compact Commission requests that stakeholders submit responses to the following questions:

  1. What is an appropriate threshold for issuing Curies conditionally? For import applications with Curie requests above the threshold, Curies would be issued conditionally by the Commission as opposed to the current practice of issuing them unconditionally. The proposed Concept Paper proposes 2,000 Curies as that limit.
  1. What would be appropriate documentation for demonstrating proof of a shipment is imminent? Is there a document that generators and brokers already use such that a new form would not need to be created and used? Are there good examples we could use should a new form need to be developed?
  1. How many days prior to a shipment are generators certain that the shipment will occur? The proposed Concept Paper proposes 15 days.
  1. How many days prior to a shipment are generators reasonably certain of the shipment’s Curie value?

Comments on the above questions and the proposed concept paper are due by January 25, 2016.

A cover letter with additional information and the proposed concept paper are available on the Texas Compact Commission’s web site at http://www.tllrwdcc.org/.

For additional information, please contact Texas Compact Commission Consulting Supervisory Director Leigh Ing at (512) 305-8941 or at leigh.ing@tllrwdcc.org.