District Court Prohibits Proposed Acquisition of Waste Control Specialists by EnergySolutions

On June 21, 2017, the United States District Court for the District of Delaware issued a Judgment and Order in a civil antitrust lawsuit seeking to block the proposed $367 million acquisition of Waste Control Specialists LLC by EnergySolutions.  The United States of America is the plaintiff in the case.  The listed defendants include EnergySolutions, Inc.; Rockwell Holdco, Inc.; Andrews County Holdings, Inc.; and, Waste Control Specialists LLC.

In its order, the district court entered judgment in favor of the plaintiffs and against the defendants, specifically enjoining and restraining the defendants “from carrying out the acquisition of Waste Control Specialists LLC by EnergySolutions, Inc. as memorialized in the merger agreement between Rockwell Holdco, Inc. and Andrews County Holding, Inc. dated November 18, 2015 and any amendments thereto.”

The case—which is listed as United States of America v. EnergySolutions, Inc.; Rockwell Holdco, Inc.; Andrews Country Holdings, Inc.; and, Waste Control Specialists—can be found under civil docket number 16-1056-SLR in the United States District Court for the District of Delaware.

Proposed Acquisition  On November 19, 2015, in separate press releases, it was announced that Rockwell Holdco had signed a definitive agreement to acquire Waste Control Specialists—a wholly owned subsidiary of Valhi, Inc. and operator of a low-level radioactive waste disposal facility located in Andrews County, Texas.  Rockwell Holdco is the parent company of EnergySolutions—which operates low-level radioactive waste disposal facilities in Tooele County, Utah and Barnwell, South Carolina.  Rockwell Holdco is owned by Energy Capital Partners, a private equity firm focused on investing in North America’s energy infrastructure.  According to the companies’ press releases, upon closing, Rockwell Holdco would pay $270 million in cash and $20 million face amount in Series A Preferred Stock.  In addition, Rockwell Holdco would assume approximately $77 million of Waste Control Specialists’ debt, as well as all financial assurance obligations related to the Waste Control Specialists’ business.

Antitrust Lawsuit  On November 16, 2016, the DOJ filed a civil antitrust lawsuit in the U.S. District Court for the District of Delaware seeking to block the proposed $367 million acquisition of Waste Control Specialists by EnergySolutions.  DOJ argued that the proposed transaction “would combine the two most significant competitors for the disposal of low level radioactive waste … available to commercial customers in 36 states, the District of Columbia and Puerto Rico.”  DOJ asserted that the proposed transaction “would deny commercial generators of … [low-level radioactive waste] —from universities and hospitals working on life-saving treatments to nuclear facilities producing 20 percent of the electricity in the United States—the benefits of vigorous competition that has led to significantly lower prices, better service and innovation in recent years.”

Low-Level Radioactive Waste  Low-level radioactive waste is the radioactive byproduct of nuclear power generation, scientific research and certain medical treatments.  Low-level radioactive waste includes such items as personal protective clothing, tools, water purification filters and resins, hardware from nuclear power plants, and equipment from medical and research institutions.  Low-level radioactive waste may only be disposed of in a facility licensed by, or pursuant to an exemption provided by, the U.S. Nuclear Regulatory Commission (NRC) or a state acting under an agreement with the NRC.  Low-level radioactive waste disposal is an essential service for operating nuclear reactors, research laboratories and medical facilities.  Additionally, low-level radioactive waste disposal is a requirement for the safe decommissioning of such facilities when they reach the end of their useful lives.

For additional information about EnergySolutions, please contact Dan Shrum at (801) 649-2000 or at dshrum@energysolutions.com or go to the company’s web site at www.energysolutions.com.  For additional information about Waste Control Specialists, please contact Rodney Baltzer at (972) 450-4235 or at rbaltzer@valhi.net or visit the company’s web site at www.valhi.net.

Southwestern Commission Hosts Workshops re Use of Rad Materials

On May 10 and 12, 2017, the Southwestern Low-Level Radioactive Waste Commission hosted two separate workshops in Northern and Southern California on the use and disposition of radioactive materials, including radioactive sealed sources and devices.

 

The following is the agenda for the workshops:

  •   Welcome and Introductions (9:00 – 9:20 a.m.)
  •   Southwestern Compact Vice Chair Donna Earley of Cedars Sinai (9:30 a.m. – 9:55 a.m.)
    • Earley will discuss medical uses of radioactive materials, including new therapeutic uses as well as experience with the disposal of Cs-137 irradiators and Co-60 gamma knife.
    • Earley has extensive knowledge and experience overseeing the Radiation Safety Programs and personnel of Cedars Sinai and the coordinating with local law enforcement agencies in Los Angeles for the safety and security of the Cedars Sinai Facility.
  •   Jeff Cromwell, Radioactive Waste Manager and Radioactive Shipment Manager, University of Berkeley
    • Cromwell will discuss waste management at the University of Berkeley along with some waste management challenges from some recent facility decommissioning projects.
    • What challenges have you had at your facility that you can share on decommissioning, shipments or closing out research projects-what are you doing with the waste?
  •   Morning Break (10:30 – 10:50 a.m.)
  •   Mike Albanese, Radiation Safety Officer for Qal-Tek (10:55 – 11:20 a.m.)
    • Albanese will discuss Qal-Tek’s U.S. Nuclear Regulatory Commission (NRC) Service License and its new Reutilization Program in a joint effort with the Southwestern Compact.
    • Outline of maximum time limits and requirements.
    • A petition will be required for disposal to Waste Control Specialists LLC (WCS) in Andrews, Texas.
    • How will this affect me?
    • Can I qualify for this program?
  •   Lunch Break (11:25 a.m. – 12:15 p.m.)
  •   Sherry Frenette, Technical Services Project Manager, WCS (12:20 – 12:45 p.m.)
    • Frenette will discuss WCS’s capabilities for treatment, storage and disposal of waste and answer any questions you may have concerning those capabilities, or the process for getting waste to WCS.
    • Frenette will also provide an update on the status of the application for spent fuel storage at the WS facility.
    • Frenette works in the Technical Services Department at WCS.  She helps commercial customers navigate the process for sending waste to all of the facilities at WCS.
  •   Leigh Ing, Executive Director, Texas Low-Level Radioactive Waste Disposal Compact (12:50 – 1:15 p.m.)
    • Ing will share the need for Texas Low-Level Radioactive Waste Disposal Compact (Texas Compact) import agreements and WCS contracts—they are different!
    • Ing will discuss information on requirements, brokers, small generator’s limits, and the processing time frames for the Texas Compact.
    • What are the annual limits set by the Texas legislators for non-compact waste?
    • Does Texas want our waste?
    • Will this change?
    • Is there enough space for the future?
    • How long can you afford to store?
  •   Afternoon Break (1:20 – 1:55 p.m.)
  •   Vern Rogers, EnergySolutions of Utah (1:40 – 2:05 p.m.)
    • Video of Zion Decommissioning, SONGS schedule for decommissioning, new services to be offered—Class A sealed sources, depleted uranium (DU) options, mixed waste and various processing programs offered.
    • What can we expect for the future of EnergySolutions?
  •   [Northern California] John Fassell, Chief for Inspection, Compliance & Enforcement, California Radiological Health Branch and [Southern California] Robert Greger, Senior Health Physicist, California Radiological Health Branch (2:10 – 2:35 p.m.)
    • When the inspector is at your door.
    • A presentation on state audits, reporting requirements, renewing a state license—does location matter, and safety requirements at your site.   Come with your questions!  This is an important resource for you.
  •   Adjourn (3:15 p.m.)

For additional information, please contact Kathy Davis, Executive Director of the Southwestern Compact Commission, at (916) 448-2390 or at swllrwcc@swllrwcc.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

Department of Justice Files Civil Antitrust Lawsuit to Block Proposed EnergySolutions’ Acquisition of Waste Control Specialists

The U.S. Department of Justice (DOJ) recently announced that it has filed a civil antitrust lawsuit seeking to block the proposed $367 million acquisition of Waste Control Specialists LLC by EnergySolutions.  The suit was filed in the U.S. District Court for the District of Delaware on November 16, 2016.

According to DOJ’s press release, the proposed transaction “would combine the two most significant competitors for the disposal of low level radioactive waste … available to commercial customers in 36 states, the District of Columbia and Puerto Rico.”

DOJ argues that the proposed transaction “would deny commercial generators of … [low-level radioactive waste] – from universities and hospitals working on life-saving treatments to nuclear facilities producing 20 percent of the electricity in the United States – the benefits of vigorous competition that has led to significantly lower prices, better service and innovation in recent years.”

“Since opening its … [low-level radioactive waste] disposal facility in 2012, Waste Control Specialists has provided EnergySolutions the only real competition it has ever faced,” said Acting Assistant Attorney General Renata Hesse of the DOJ’s Antitrust Division.  “This competition has allowed customers to extract better prices and to receive better and more innovative service in the … [low-level radioactive waste] disposal industry.  If consummated, EnergySolutions’ proposed acquisition of Waste Control Specialists would make EnergySolutions the only option for customers in nearly 40 states.  And this at a time when projects worth billions of dollars are set to be awarded in the coming years.”

DOJ’s press release asserts that Waste Control Specialists provides the “only true competition” for EnergySolutions.  “That competition has led to increased innovation and lower prices for customers,” contends DOJ.  “EnergySolutions’ acquisition of Waste Control Specialists would eliminate that competition, with no likelihood of new entry to fill the void.”

Low-level radioactive waste is the radioactive byproduct of nuclear power generation, scientific research and certain medical treatments.  Low-level radioactive waste includes such items as personal protective clothing, tools, water purification filters and resins, hardware from nuclear power plants, and equipment from medical and research institutions.  Low-level radioactive waste may only be disposed of in a facility licensed by, or pursuant to an exemption provided by, the U.S. Nuclear Regulatory Commission (NRC) or a state acting under an agreement with the NRC.  Low-level radioactive waste disposal is an essential service for operating nuclear reactors, research laboratories and medical facilities.  Additionally, low-level radioactive waste disposal is a requirement for the safe decommissioning of such facilities when they reach the end of their useful lives.

EnergySolutions offers customers a full range of integrated services and solutions, including nuclear operations, characterization, decommissioning, decontamination, site closure, transportation, nuclear materials management, processing, recycling, and disposition of nuclear waste, and research and engineering services across the nuclear fuel cycle.

Waste Control Specialists operates a West Texas facility for the processing, treatment, storage and disposal of a broad range of low-level radioactive and hazardous wastes.

For additional information about EnergySolutions, please contact Dan Shrum at (801) 649-2000 or at dshrum@energysolutions.com or go to the company’s web site at www.energysolutions.com.  For additional information about WCS, please contact Rodney Baltzer at (972) 450-4235 or at rbaltzer@valhi.net or visit the company’s web site at www.valhi.net.  For additional information about the proposed acquisition, please contact Mark Walker at mwalker@energysolutions.com or at (801) 231-9194.

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.

WCS Files License Application to Operate a Consolidated Interim Storage Facility for Used Nuclear Fuel

On April 28, 2016, Waste Control Specialists LLC (WCS) announced that it has submitted an application to the U.S. Nuclear Regulatory Commission (NRC) for a license to construct and operate a Consolidated Interim Storage Facility (CISF) for used nuclear fuel.  “The application is being led by WCS,” states the company’s press release, “along with its partners AREVA and NAC International, both global industry leaders in the transportation and storage of used nuclear fuel.”

WCS submitted the application after a year of pre-application meetings with NRC and in accordance with a timeline that the company outlined in February 2015.  According to WCS, a CISF could be completed as early as 2021.

Overview

The WCS application proposes an initial 40-year storage license for 40,000 metric tons of heavy metal (MTHM) to be built in eight phases.  Each of the eight storage systems would be able to accommodate 5,000 MTHM for an eventual capacity of 40,000 MTHM.  The proposal includes opportunities for 20-year renewals after the initial license period.

According to WCS, Phase 1 of the CISF will require approximately 155 acres, plus an additional 12 acres for administrative and parking facilities.  The entire site through Phase 8 will require approximately 332 acres, which WCS notes is less than 2.5 percent of the company’s site-wide acreage.

As proposed, the primary operations performed at the WCS site would be transferring the sealed canisters of used fuel from a transportation cask into an engineered interim fuel storage system, where it would be monitored until its departure to an offsite permanent disposal location.

“Consolidated interim storage would provide system-wide benefits and flexibilities to strengthen the U.S. Used Nuclear Fuel Management Program and help advance a permanent geologic disposal program,” said Rod Baltzer, President and CEO of WCS.  “It creates a robust opportunity to develop and deploy the repackaging technology to prepare the used nuclear fuel currently in dry storage for final offsite disposal in a geologic repository.”

According to WCS’ press release, other benefits of consolidated interim storage include the opportunity to reduce the risk of further degradation of on-site infrastructure at permanently shut down reactor sites and to address public concerns about transportation by demonstrating successful transport of this material.

Another chief benefit of an accelerated schedule for moving fuel away from shutdown sites, states WCS, is to reduce the liability to taxpayers for the federal government’s failure to meet its contractual obligations to dispose of this material.

Background

Various lawsuits have been filed that allege that the federal government has failed to meet its statutory obligation to take title to used nuclear fuel by 1998.  The government has estimated that its liability will total $13 billion by 2020 and may increase by approximately $500 million per year if a solution is not found by 2022.

The Nuclear Waste Fund’s 2015 Audit Statement found the net value of the fund to be $37.4 billion.  Expenditures over the past five years have been approximately $4 billion.

WCS operates a privately owned facility in Andrews County, Texas that has been licensed to treat, store and dispose of Class A, B and C low-level radioactive waste.  WCS is a subsidiary of Valhi, Inc.—a company that is engaged in the titanium dioxide pigments, component products (security products and high performance marine components), waste management, and real estate management and development industries.

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.