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 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

NRC to Review WCS Application re Spent Nuclear Fuel Storage Facility

On January 26, 2017, the U.S. Nuclear Regulatory Commission announced that the agency has docketed and accepted for formal review an application from Waste Control Specialists (WCS) to build and operate a spent nuclear fuel Consolidated Interim Storage Facility (CISF) in Andrews, Texas.  The NRC’s decision follows an acceptance review to determine whether the application contains sufficient information for the agency to begin its formal review.

WCS is seeking to store 5,000 metric tons uranium of spent fuel received from commercial nuclear power reactors across the United States.

Overview

NRC’s review will proceed on two parallel tracks—one on safety issues and the other on environmental issues.  Both the safety and environmental reviews must be completed before the NRC makes a final licensing decision on the application.

In a letter to WCS dated January 26, 2017, the NRC set a schedule for its safety and environmental reviews.  The schedule sets a target of making a licensing decision by the third quarter of fiscal year 2019—assuming that WCS provides high-quality responses, on schedule, to any NRC requests for additional information.

Interested stakeholders will have 60 days from publication of a notice of docketing in the Federal Register, which will appear shortly, to submit requests for a hearing and petition to intervene in the licensing proceeding for the proposed facility.  Details on how to submit those requests and petitions will be in the Federal Register notice.

The NRC’s letter to WCS is available on the agency’s website at https://www.nrc.gov/docs/ML1701/ML17018A168.pdf.

Public Meetings

The NRC will hold the following two public meetings near the site of the proposed CISF to take public comments on the scope of the environmental review:

  • Hobbs, New Mexico:  Lea County Event Center (5101 N. Lovington Highway) from 7:00 – 10:00 p.m. MT on February 13, 2017
  • Andrews, Texas:  James Roberts Center (855 TX-176) from 7:00 – 10:00 p.m. CT on February 15, 2017

Stakeholders that are interested in attending or speaking are encouraged to pre-register by calling (301) 415- 6957 no later than three days prior to the scheduled meetings.  The public may also register in person at each meeting.  The time allowed for each speaker may be limited, depending on the number of registered speakers.

The NRC is also planning to hold additional scoping meetings at the agency’s headquarters in Rockville, Maryland during the week following the local meetings.  Details for these meetings are still being finalized.

Information about the public meetings will be posted to the NRC public meetings schedule on the agency’s website at www.nrc.gov.

Submitting Comments

Interested stakeholders can submit comments on the scope of the Environmental Impact Statement (EIS) for the CISF as follows:

  • Federal Rulemaking Website: Electronic provide comments at regulations.gov
  • Mail:  Send comments to Cindy Bladey, Office of Administration, Mail Stop: OWFN-12 H08, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001

Written comments should refer to Docket ID NRC-2016-0231.  The NRC will accept public comments through March 13, 2017.

Background

On April 28, 2016, WCS filed an application seeking a 40-year license for a CISF to receive spent fuel from nuclear reactors for storage, pending final disposal.  (See LLW Notes, May/June 2016, pp. 16-17.)  Specifically, WCS is requesting authorization to construct and operate a CISF at the company’s 60.3 square kilometer (14,900 acre) site in western Andrews County, Texas.  On this site, WCS currently operates facilities that process and store certain types of radioactive material—mainly low-level radioactive waste and mixed waste.  The facility also disposes of hazardous and toxic waste.

According to the application, WCS plans to construct the CISF in eight phases.  Phase one of the CISF would be designed to provide storage for up to 5,000 metric tons uranium (MTU) of spent nuclear fuel received from commercial nuclear power reactors across the United States.  WCS proposes that small amounts of mixed oxide spent fuels and Greater-Than-Class C (GTCC) low-level radioactive wastes also be stored at the CISF.  WCS stated that it would design each subsequent phase of the CISF to store up to an additional 5,000 MTU.  A total of up to 40,000 MTU would be stored at the site by the completion of the final phase.  Each phase would require NRC review and approval.

WCS would receive canisters containing spent nuclear fuel from the reactor sites.  Once accepted at the site, WCS would transfer them into onsite dry cask storage systems.  WCS plans to employ dry cask storage system technology that has been licensed by the NRC pursuant to 10 CFR Part 72 at various commercial nuclear reactors across the country.  According to WCS, the dry cask storage systems proposed for use at the CISF would be passive systems (i.e., not relying on any moving parts) and would provide physical protection, containment, nuclear criticality controls and radiation shielding required for the safe storage of the spent nuclear fuel.  WCS also states that the dry cask storage systems would be located on top of the concrete pads constructed at the CISF.

For additional information, please contact Maureen Conley of the U.S. Nuclear Regulatory Commission at (301) 415-8200.

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

Scoping Effort Initiated re Environmental Review of Proposed WCS Interim Spent Fuel Storage Facility

On November 14, 2016, the U.S. Nuclear Regulatory Commission (NRC) announced that the agency is seeking comments from the public on the issues to be covered in the environmental review of an application from Waste Control Specialists LLC (WCS) to construct and operate a facility to store spent nuclear fuel in Andrews County, Texas.  The NRC will prepare an Environmental Impact Statement (EIS) to document its evaluation of those impacts and is now taking public comments on the scope.

By letter dated July 21, 2016, WCS requested that NRC begin its EIS process as soon as possible.  In a response dated October 7, 2016, NRC agreed to WCS’ request because doing so will allow the agency to engage interested members of the public early in the process.  It will also provide additional time to consult with federal, tribal, state and local government agencies, facilitating compliance with the Endangered Species Act and the National Historic Preservation Act.  In addition, the environmental review will fulfill requirements in the National Environmental Policy Act (NEPA) to do an analysis of environmental impacts for major federal actions.  However, NRC’s decision to begin the EIS process early does not presuppose the outcome of its ongoing acceptance review of the WCS application.

The EIS prepared by the NRC staff will examine the potential environmental impacts of the proposed action.  The NRC staff will evaluate the potential impacts to various environmental resources, such as air quality, surface and ground water, transportation, geology and soils, and socioeconomics.  The EIS will analyze potential impacts of WCS’s proposed facility on historic and cultural resources and on threatened and endangered species.  Additionally, the economic, technical, and other benefits and costs of the proposed action and alternatives will be considered in the EIS.

If the application is accepted for a detailed technical review, the NRC staff will also conduct a safety review to determine WCS’s compliance with NRC’s regulations, including 10 CFR Part 20 and 10 CFR Part 72.  The NRC staff’s findings will be published in a Safety Evaluation Report.

The scoping period began on November 14, 2016.  If the WCS application is docketed, the scoping period will end 45 days after publication of a notice of docketing the application.

Written comments on the scope of the environmental review may be submitted via:

  •   the federal government’s rulemaking website at www.regulations.gov;
  •   email to WCS_CISF_EIS@nrc.gov; or,
  •   mail to Cindy Bladey, Office of Administration, Mail Stop: OWFN- 12 H08, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.

Comments must be submitted by the closing date of the scoping period to ensure consideration.  Stakeholders should include Docket ID NRC-2016-0231 when submitting comments.

The ER submitted by WCS can be found on the NRC’s project-specific web page at http:// www.nrc.gov/waste/spent-fuel-storage/ cis/wcs/wcs-app-docs.html.  For additional information, please contact James Park, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, at (301) 415– 6954 or at James.Park@nrc.gov.

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.

New Reactor Licenses to be Issued for South Texas Project

The U.S. Nuclear Regulatory Commission (NRC) has cleared the way for the agency’s Office of New Reactors to issue two Combined Licenses (COL) for Nuclear Innovation North America’s (NINA) South Texas Project site in Texas. Based on the mandatory hearing on NINA’s application, the Commission found the staff’s review adequate to make the necessary regulatory safety and environmental findings.

Following the Commissioners’ direction, the NRC staff will work to issue the COLs promptly. The licenses will authorize NINA to build and operate two Advanced Boiling Water Reactors (ABWR) at the site near Bay City, Texas. The South Texas Project Nuclear Operating Company already operates two reactors at the site.

The staff will impose several conditions on the license, including:

  •  specific actions associated with the agency’s post-Fukushima requirements for Mitigation Strategies and Spent Fuel Pool Instrumentation;
  • requiring monitoring and analysis of the reactors’ steam dryers during initial plant startup, in line with current procedures for existing boiling-water reactors approved to operate at increased power levels; and,
  • setting a pre-startup schedule for post-Fukushima aspects of the new reactor’s emergency preparedness plans and procedures. 


NINA submitted its application for the licenses on September 20, 2007. The NRC’s Advisory Committee on Reactor Safeguards (ACRS) independently reviewed aspects of the application that concern safety, as well as the staff’s Final Safety Evaluation Report (FSER). The ACRS, a group of experienced technical experts, advises the Commission—independently from the NRC staff—on safety issues related to the licensing and operation of nuclear power plants, as well as on issues of health physics and radiation protection.

  • The ACRS provided the results of its review to the Commission on February 19, 2015. The NRC completed its environmental review and issued the Final Environmental Impact Statement (FEIS) for the proposed South Texas Project reactors in February 2011. The NRC completed and issued the FSER on September 29, 2015. The NRC certified the 1,300-megawatt ABWR design in 1997.

Additional information on the certification process is available on the NRC web site at nrc.gov. For additional information, please contact Scott Burnell of the NRC at (301) 415-8200.

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.