President Biden Announces Key Nominees, Including Two for the NRC

On May 3, President Biden announced his intent to nominate the following individuals to serve as key leaders in his administration:

  • Carlos Felipe Uriarte, Nominee for Assistant Attorney General for Legislative Affairs, U.S. Department of Justice
  • Gerald H. Acker, Nominee for Commissioner & Chair of the International Joint Commission
  • Annie Caputo, Nominee for Nuclear Regulatory Commission
  • Bradley R. Crowell, Nominee for Nuclear Regulatory Commission

Annie Caputo, Nominee for Nuclear Regulatory Commission
Annie Caputo currently consults with the Idaho National Laboratory (INL) regarding international collaboration on advanced nuclear reactors. Prior to her work at INL, Caputo served as a professional staff member on the U.S. Senate Armed Services Committee (SASC), assisting the Committee with issues related to the National Nuclear Security Administration’s infrastructure. Preceding her SASC assignment, Caputo served as a Commissioner of the U.S. Nuclear Regulatory Commission for three years until the term expired in June 2021.


Caputo previously served as a professional staff member and senior policy advisor for the Senate Environment and Public Works Committee and the House Committee on Energy & Commerce from 2005 to 2018. Prior to her positions on Capitol Hill, she worked for Exelon Corporation and its predecessor company Commonwealth Edison, holding positions in both nuclear fuel and government affairs. Caputo has also served on the Board of the American Nuclear Society. Caputo earned her Bachelor’s degree in Nuclear Engineering from the University of Wisconsin-Madison. She lives in Virginia with her husband and two children. 


Bradley R. Crowell, Nominee for Nuclear Regulatory Commission
Bradley R. Crowell serves as Director of the Nevada Department of Conservation and Natural Resources (DCNR). Crowell was first appointed as Director in 2016 by former Governor Brian Sandoval and was reappointed by Governor Steve Sisolak in 2019. At DCNR, he leads approximately 1000 employees across 8 divisions and manages a nearly $300 million biennial budget. Crowell has more than 20 years of experience in the fields of energy, environment, natural resources, climate change, and national security, including executive leadership positions in federal and state government. Prior to his current role, he worked for multiple Members of Congress, including former Nevada Governor and Senator Richard Bryan (D-NV) and Senator Sheldon Whitehouse (D-RI). Crowell served in the Obama-Biden Administration at the U.S. Department of Energy from 2010-2016, and was confirmed by the U.S. Senate in 2013 as the Assistant Secretary of Energy for Congressional and Intergovernmental Affairs. 


Crowell resides in Reno, Nevada, with his wife, Mrs. Rebecca Claypool and their 1-year-old daughter Hazel, and is a native of Carson City, Nevada. 

For more information, go to: https://www.whitehouse.gov/briefing-room/statements-releases/2022/05/03/president-biden-announces-key-nominees-13/

DOE Assistant Secretary Anne White Resigns

Principal Deputy Assistant Secretary Mark Gilbertson Reassigned

In June 2019, the U.S. Department of Energy (DOE) announced that Assistant Secretary for Environmental Management (EM) Anne White had submitted her resignation.  White’s resignation, which was detailed in a department announcement signed off with the names of Secretary of Energy Rick Perry and the Deputy Secretary of Energy Dan Brouillette, became effective on June 14, 2019.

Overview

DOE’s Assistant Secretary for Environmental Management  The DOE memo does not provide a reason for White’s resignation.  “Anne’s service to the Department of Energy and to this nation are greatly appreciated,” the personnel announcement reportedly reads.  “Please join us in wishing her the best in her future endeavors.”

However, reports indicate that White was asked to resign by her immediate supervisor, Undersecretary of Energy for Science Paul Dabbar.  In addition to friction with Dabbar, her departure was linked to concerns about her handling of the spread of radioactive contamination from the Portsmouth Site in Ohio to the surrounding area.  Last month, a middle school near the site closed early for summer due to reported radiological contaminants in air samples.  DOE says that its own air monitoring has shown only trace amounts of contaminants including neptunium-237 and americium-241 that are far below being a risk to human health.  Nonetheless, the Department has agreed to pay for extra air sampling this summer by an outside consultant.

DOE’s Principal Deputy Assistant Secretary for Environmental Management  Mark Gilbertson, who is currently DOE’s Principal Deputy Assistant Secretary for Environmental Management, has also been reassigned.  According to the DOE memo, Gilbertson will become the Director of the Department’s National Laboratory Operations Board.  The Board works to strengthen DOE’s national labs and their shared relationships.

Todd Shrader, the Manager of Environmental Management’s Waste Isolation Pilot Plant (WIPP) Carlsbad Field Office, will replace Gilbertson as the EM Principal Deputy Assistant Secretary, according to the memo.

National Nuclear Security Administration (NNSA) Management  William “Ike” White, the Chief of Staff at the National Nuclear Security Administration (NNSA), will now serve as a Senior Advisor to DOE Under Secretary for Science Paul Dabbar.  Among other things, Dabbar oversees environmental- and legacy-management missions.

The NNSA is in charge of the nation’s nuclear complex and related nonproliferation.  Late last month, William Bookless was sworn in as the NNSA’s Principal Deputy Administrator.

Background

Environmental Management, established in 1989, is charged with cleaning up the nation’s legacy from the Cold War and other government-sponsored energy research.  On January 3, 2018, the White House announced President Donald J. Trump’s intent to nominate White to be the EM Assistant Secretary.  On March 22, 2018, White was confirmed for the position by voice vote of the U.S. Senate.  White was sworn in on March 29, 2018.

Prior to White’s swearing-in, James Owendoff had been serving as the Acting EM-1 Assistant Secretary.  In this role, Owendoff focused on more timely decisions on cleanup projects.  The position was previously held by Monica Regalbuto at the end of the administration of former-President Barack Obama.

For additional information about the U.S. Department of Energy’s Office of Disposal, please go to www.energy.gov.

Texas Governor Vetoes SB 1804 Due to Amendment Seeking to Delay Increase in WCS Facility Surcharges and Fees

On June 5, 2019, Texas Governor Greg Abbott (R) vetoed a widely supported domestic violence bill due to the inclusion of a late amendment related to radioactive waste disposal.  Abbott called the measure, Senate Bill (SB) 1804, a “laudable effort” that lost his support when “someone slipped in an ill-considered giveaway to a radioactive waste disposal facility.”

Overview of SB 1804

Senate Bill 1804, as introduced by State Senator Lois Kolkhorst (R), would require that bond information about domestic violence offenders be entered into a statewide data repository.  Representative Poncho Nevárez (D), one of the bill’s sponsors in the House, added an amendment about the Waste Control Specialists (WCS) nuclear waste disposal facility to the measure.  Nevárez told lawmakers that the amendment added “economic competitive incentives” to the bill.

As written, the amendment would have delayed an increase to a surcharge and state fee paid by WCS – the private operator of a waste disposal facility in West Texas.  The amendment pushed back the date of a fee increase for the WCS radioactive waste disposal company from 2019 to 2021.  Nevárez characterized the move as a matter of creating jobs.  The Texas House approved the amendment by a vote of 142-0.

Governor Abbott’s Veto

The following is the text of the Proclamation of the Governor of the State of Texas on his veto of SB 1804 on June 5, 2019:

Pursuant to Article IV, Section 14, of the Texas Constitution, I, Greg Abbott, Governor of Texas, do hereby disapprove of and veto Senate Bill No. 1804 as passed by the Eighty-Sixth Texas Legislature, Regular Session, because of the following objections:

Senate Bill 1804 was a laudable effort to address domestic violence, until someone slipped in an ill-considered giveaway to a radioactive waste disposal facility.  Unfortunately, the bill author’s good idea about domestic violence has been dragged down by a bad idea about radioactive waste.

Since the Eighty-Sixth Texas Legislature, Regular Session, by its adjournment has prevented the return of this bill, I am filing these objections in the office of the Secretary of State and giving notice thereof by this public proclamation according to the aforementioned constitutional provision.

 

Background

Various bills were introduced during the Eighty-Sixth Texas legislature related to low-level radioactive waste disposal in the State of Texas including:

  • House Bill No. 2269 and Senate Bill No. 1021, which are identical pieces of legislation that, amongst other things, seek to lower certain charges and reserve disposal capacity for Texas and Vermont at the WCS facility; and,
  • Senate Bill No. 1753 that, among other things, seeks to addresses emergency planning and fees related to the transportation of radioactive waste; impose new requirements related to contingency planning; impose new requirements for the implementation of biannual, independent inspections of a radioactive waste site; and, require adjustments to the amount of financial security to account for information received from the state auditor before a license may be issued or renewed.

In addition, on April 26, 2019, Governor Abbott sent a letter to U.S. Department of Energy (DOE) Secretary Rick Perry and U.S. Nuclear Regulatory Commission (NRC) Chair Kristine Svinicki in which the Governor expresses his opposition to any increase in the amount or concentration of radioactivity authorized for disposal at the WCS low-level radioactive waste disposal facility in Andrews County, Texas.

For additional information, please contact the Governor’s Office of the State of Texas at https://gov.texas.gov/ or at (512) 463-5739.

For additional information about Senate Bill 1804, please go to https://capitol.texas.gov/BillLookup/Text.aspx?LegSess=86R&Bill=SB1804#.

DOE Publishes Interpretation on High-Level Radioactive Waste

On June 5, 2019, the U.S. Department of Energy (DOE) sent a supplemental notice to the Federal Register that provides the public with its interpretation of high-level radioactive waste, informed by more than 5,000 public comments.

For decades, DOE has managed nearly all reprocessing waste streams as high-level radioactive waste regardless of radioactivity.  According to the Department, however, this one-size-fits-all approach has led to decades of delay, costs billions of dollars and left the waste trapped in DOE facilities in the states of South Carolina, Washington and Idaho without a permanent disposal solution.

Overview

Moving forward, DOE’s interpretation is that reprocessing waste streams are defined by their characteristics, not just how they were made.  With this new interpretation, DOE states that the Department will pursue new avenues for the responsible and safe treatment and removal of lower level waste that has been languishing at DOE sites, while protecting the environment and the health and safety of local communities.

According to DOE, this interpretation does not change or revise any current policies, legal requirements, permits or agreements.  Decisions about whether and how this interpretation of high-level radioactive waste will apply to existing wastes and whether such wastes may be disposed of as non-high-level radioactive waste will be the subject of subsequent actions.  Any actions to implement the high-level radioactive waste interpretation will be done on a site-specific basis with appropriate engagement with affected stakeholders.

DOE is also issuing a separate Federal Register notice initiating a National Environmental Policy Act (NEPA) analysis to determine the potential environmental impacts of the disposal of a Savannah River Site reprocessing waste stream as non-high-level radioactive waste at a commercial disposal facility licensed to receive low-level radioactive waste.  The Department will continue to work with the affected local communities on this analysis and the path forward for cleanup at Savannah River.

Background

DOE manages large inventories of legacy waste resulting from spent nuclear fuel (SNF) reprocessing activities from atomic energy defense programs – i.e., nuclear weapons production.  DOE also manages a small quantity of vitrified waste from a demonstration of commercial SNF reprocessing.  Reprocessing generally refers to the dissolution of irradiated SNF in acid, generating liquid or viscous wastes and the chemical processing to separate the fission products or transuranic elements of the SNF from the desired elements of plutonium and uranium, which are recovered for reuse.  Liquid reprocessing wastes have been or are currently stored in large underground tanks at three DOE sites:  the Savannah River Site (SRS) in South Carolina; the Idaho National Laboratory (INL) in Idaho; and, the Office of River Protection at the Hanford Site in Washington.  Solid reprocessing wastes are liquid wastes that have been immobilized in solid form and are currently stored at SRS, INL and the West Valley Demonstration Project in New York.

DOE’s interpretation of high-level radioactive waste is that reprocessing waste is non-high-level radioactive waste if the waste:

  1. does not exceed concentration limits for Class C low-level radioactive waste as set out in section 61.55 of title 10, Code of Federal Regulations; or,
  1. does not require disposal in a deep geologic repository and meets the performance objectives of a disposal facility as demonstrated through a performance assessment conducted in accordance with applicable regulatory requirements.

Under DOE’s interpretation, waste meeting either of these criteria is non-high-level radioactive waste and may be classified and disposed of in accordance with its radiological characteristics.

In October 2018, DOE issued a Federal Register notice the public comment period on the Department’s interpretation of the definition of the statutory term high-level radioactive waste as set forth in the Atomic Energy Act of 1954 and the Nuclear Waste Policy Act of 1982.  The Federal Register notice stated that, at this time, DOE is not making (and has not made) any decisions on the disposal of any particular waste stream.  Disposal decisions, when made, will be based on the consideration of public comments in response to the Federal Register notice and prior input and consultation with appropriate state and local regulators and stakeholders.  DOE will continue its current practice of managing all its reprocessing wastes as if they were high-level radioactive waste unless and until a specific waste is determined to be another category of waste based on detailed technical assessments of its characteristics and an evaluation of potential disposal pathways, according to the Federal Register notice.

For further information, see 83 Federal Register 50,909 (October 10, 2018). 

For additional information, please contact Theresa Kliczewski at HLWnotice@em.doe.gov or at U.S. Department of Energy, Office of Environmental Management, Office of Waste and Materials Management (EM–4.2), 1000 Independence Avenue SW, Washington, DC 20585 or at (202) 586-3301.

For more information on high-level radioactive waste and DOE’s interpretation, go to

https://www.energy.gov/em/high-level-radioactive-waste-hlw-interpretation.

CRCPD Announces Opening of Registration for NORM IX Symposium

The Conference of Radiation Control Program (CRCPD) recently announced that registration for NORM IX is now open.  NORM IX will be hosted for the first time in the United States.  The symposium will be held at the Embassy Suites by Hilton Hotel in downtown Denver, Colorado from September 23-27, 2019.

Overview

During the conference, stakeholders will learn how Naturally Occurring Radioactive Material (NORM) is managed around the world and discuss safety and environmental impacts from NORM, as well as best practices for NORM management.

The symposium will include presentations, posters, training and roundtable sessions from industry representatives, scientists, regulators and other stakeholders.

Special Training Sessions

The following special training sessions are currently scheduled for the NORM IX symposium:

  • “Cradle to Grave” NORM Management Workshop: This one-day, real-world course in managing NORM from identification to final disposition will address practical and logistical methods in managing NORM-contaminated equipment and waste.  It is scheduled for Sunday (September 22, 2019).  The registration fee is $350.
  • Radiation Risk Assessment Training: This full-day, advanced course focuses on specific technical and regulatory issues that Remedial Project Managers (RPMs) and On-Scene Coordinators (OSC’s) address when managing Superfund sites that have a risk-assessment conducted for radioactive contaminants.  It is scheduled for Sunday (September 22, 2019).  The is limited space available.
  • International Challenges and Solutions Related to NORM Residue and Waste Management: This special session is being organized by the International Atomic Energy Agency (IAEA)/ENVIRONET NORM Project.  It is focused on providing practical guidance on establishing policies and strategies to deal with NORM waste, NORM waste inventory estimation and determination of costs associated with the management practices.  Technical papers on these topics will be presented during this Tuesday afternoon session.  Working sessions of the NORM Project will also be held on Monday and Friday afternoons and are open to all who wish to attend.
  • IAEA Workshop on the Safe Management of NORM: This session will provide information on relevant safety standards applicable to industrial activities involving NORM and present key safety issues in terms of policy, regulatory and operational aspects.  It is scheduled for Wednesday (September 25, 2019).  Limited space is available.
  • CRCPD Workshop – Radiation Protection in NORM Industries: Join CRCPD, state, local, national and international organizations to identify priority issues related to the handling and disposal of TENORM generated during some industrial processes.  Discuss measures that can be taken to improve protection of workers and members of the public.  This workshop is scheduled for Wednesday (September 25, 2019).

Interested stakeholders may view the conference announcement at https://gallery.mailchimp.com/97f7d5fba6ef7315cda63c8f0/files/8fd32a0c-36cd-4b5f-b456-c14f74aededc/NORM_IX_flyer_v3.pdf. 

The preliminary conference agenda is available at https://gallery.mailchimp.com/97f7d5fba6ef7315cda63c8f0/files/7dcac048-2f9b-4c0d-a231-05dc2ebcd2c3/NORMIX_agenda9.pdf. 

Registration is available at www.crcpd.org/NORMIX. 

For additional information, please send an e-mail inquiry to normix@crcpd.org

Midwest Interstate Compact Commission Holds Annual Meeting

On June 7, 2019, the Midwest Interstate Low-Level Radioactive Waste Compact Commission held its annual meeting by telephone conference call from 10:00 a.m. – 11:30 a.m. CDT.  Due to time zone adjustments, the call was held from 11:00 a.m. – 12:30 p.m. EDT for participants in Indiana and Ohio.

The following is the final agenda for the annual meeting of the Midwest Interstate Compact Commission:

  • call to order and roll call;
  • review of minutes of June 11, 2018 meeting;
  • review of financial report;
  • report from Acting Chair;
  • election of Officers;
  • report from Executive Director;
  • Consultant expenses projected for FY 2020;

–     legal counsel fees;

–     audit proposal;

–     website and annual report fees;

–     Low-Level Radioactive Waste Forum (LLW Forum) membership;

  • adoption of Fiscal Year (FY) 2020 budget;
  • other business; and,
  • adjournment.

For additional information, please contact James Chiles, Executive Director of the Midwest Interstate Low-Level Radioactive Waste Compact Commission, at (651) 757-2272 or at Jim.Chiles@state.mn.us or go to https://midwestcompact.org/news/.

Texas Compact Commission Holds May 2019 Meeting

On May 30, 2019, the Texas Low-Level Radioactive Waste Disposal Compact Commission (Texas Compact Commission) held a regularly scheduled meeting in Waco, Texas.  The meeting began at 9:00 a.m.  It was held in the Cooper Room at the Greater Waco Chamber of Commerce, which is located at 101 S 3rd Street, Waco, Texas 76701.  There was no live feed provided for the meeting; however, a video of the meeting will be posted to the Texas Compact Commission website once available.

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;
  • moment of recognition for Jim Crowson;
  • public comment;
  • report from Deidre Delisi, Governmental Relations Representative, on her activities including a report on the 2019 Texas Legislative Session;
  • consideration of and possible action on applications for importation of low-level radioactive waste from Exelon Generation, Thomas Gray and Associates, Qal-Tek Associates and Ameren Missouri;
  • consideration of and possible action on applications for exportation of low-level radioactive waste from Bionomics;
  • receive reports from Waste Control Specialists LLC (WCS) about compact facility capacity, recent site operations and any other matter WCS wishes to bring to the attention of the Compact Commission;
  • discussion and possible action regarding the proposal for publication for public comment related to the amendment of 31 Texas Administrative Code (TAC) 675.20 concerning the definition of “small quantity generator and new rule 31 TAC 375.25 – Capacity Reservation for Small Quantity Generators;
  • consideration, evaluation and possible action with respect to the Texas Compact Commission credit card usage policies and limitations on the use of the credit card;
  • receive report from Chair on Texas Compact Commission activities including reporting on fiscal matters to be taken by the compact, electronic signature policy for the Texas Compact Commission and addressing personnel matters;
  • report from Leigh Ing, Executive Director of the Texas Compact Commission, on her activities and questions relating to Texas Compact Commission operations including work with the Southwestern Compact Executive Director in follow-up to the February 28, 2019 Texas Compact Commission meeting;
  • discussion and possible changes of dates and locations of future Texas Compact Commission meetings in 2019 and 2020;
  • discussion and possible action regarding the strategic direction of the Texas Compact Commission and associated fiscal and legal matters including staffing resources that may be needed to implement the strategic direction of the Commission;
  • discussion and possible action relating to staff contract renewal and personnel reviews for Leigh Ing, Andrew Tachovsky, Deidre Delisi and Diane Fulmer; 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

Hearing Denied re Proposed New Mexico Spent Fuel Storage Facility

On May 7, 2019, the U.S. Nuclear Regulatory Commission (NRC) announced that an Atomic Safety and Licensing Board (ASLB) denied requests by several petitioners to hold an evidentiary hearing challenging Holtec International’s license application to construct and operate a consolidated interim storage facility for spent nuclear fuel in southeastern New Mexico.  The NRC staff’s technical and environmental reviews of the license application will continue.

The board’s ruling is available on the NRC’s Electronic Hearing Docket on the agency website at https://www.nrc.gov/about-nrc/regulatory/adjudicatory.html under Holtec International 72-1051.

Overview

In January 2019, the three-judge board held oral arguments in Albuquerque, New Mexico on the standing of the various petitioners and the admissibility of their proposed contentions under NRC regulations.  While the judges agreed that some of the six petitioners met the qualifications for standing, they concluded that the nearly 50 contentions raised were not admissible for an evidentiary hearing.  The judges held that the contentions either were not relevant to the application or did not establish a genuine dispute with aspects of the application.

The NRC’s hearing process allows interested parties who might be affected by a proposed licensing action to challenge the application on technical (safety) or environmental grounds.  Most hearings are conducted by licensing boards appointed from the ASLB Panel – a group of administrative judges independent of the NRC staff.  Board rulings may be appealed to the Commission.

Background

Holtec is a vendor of dry cask storage systems.  The company has proposed to store spent nuclear fuel from the nation’s commercial nuclear power plants at a facility in Lea County, which is located in the southeastern corner of New Mexico.  The license application for the HI-STORE CISF was submitted to the NRC on March 31, 2017.  The Commission accepted the application in February 2018 (U.S. NRC Docket No. 72-1051.)

Hearing petitions were filed by Beyond Nuclear, the Sierra Club and the Fasken Land and Minerals and Permian Basin Land and Royalty Owners, which were granted standing.  Two other petitioners – a coalition of several different organizations and NAC International, a rival dry storage cask vendor – were denied standing.  The standing of a sixth petitioner, the Alliance for Environmental Strategies, was not decided.

For additional information, please contact David McIntyre of the NRC at (301) 415-8205 or Erica Grandrimo of Holtec at (856) 797-0900 ext. 3920 or at e.grandrimo@holtec.com.

Small Radioactive Breach During Transport Process at Seattle Hospital

Thirteen People Decontaminated for Radiation Exposure

On May 2, 2019, thirteen people had to be decontaminated for radiation exposure following an incident at the research facility on the Harborview Medical Center campus in Seattle, Washington.

Overview

The personnel involved include two radioactive materials inspectors with the Washington State Department of Health and law enforcement officers who were present to observe removal of the device, as well as employees of a company contracted by the University of Washington to remove the device.

The device was in the process of being sealed and shipped to a safe disposal site and was located in a controlled-access work area in one of the buildings on the medical center’s campus.

A leak was detected and a radioactive material, cesium-137, was detected in the controlled worksite.  The contractor found contamination in the work area and that 13 people were contaminated.  No contamination was released outside of the area and there was no risk to the public, according to a news release from the Washington Department of Health.

Seattle Fire Department responded.  Ten of the workers were sent to the hospital for testing and possible treatment.  All personnel were decontaminated and released.

Radiation health physicists with the Washington Department of Health report that this type of work is fairly common, but release of radioactive material is very rare.  The Washington Department of Health is investigating the incident in partnership with the University of Washington and will provide more information as it becomes available.

Background

The Harborview Medical Center is just east of the main hospital building.  The incident occurred at a loading area in the rear of the building.  The cesium-137 was being used at Harborview in the blood transfusion process.

Cesium-137 is used to irradiate blood, and in radiation therapy.  It is also used in some industrial gauges.  Cesium-137, which is water soluble, was widely spread by the nuclear accidents at the Chernobyl and Fukushima nuclear plants.

For additional information, please contact Kate Lynch of the Washington Department of Health at (360) 485-5101 or at kate.lynch@doh.wa.gov.

NCRP Issues Report re Radiation Safety of Sealed Radioactive Sources

On April 25, 2019, the National Council on Radiation Protection and Measurements (NCRP) announced the release of NCRP Report No. 182 titled, Radiation Safety of Sealed Radioactive Sources.  NCRP Report No. 182 is intended to serve as “cradle to grave” guidance for sealed radioactive sources.

Interested stakeholders may purchase NCRP Report No. 182 at https://ncrponline.org/shop/reports/report-no-182-radiation-safety-of-sealed-radioactive-sources-2019/.

Overview

NCRP Report No. 182, Radiation Safety of Sealed Radioactive Sources, provides information and guidance on the essential elements of a comprehensive “cradle to grave” program for the acquisition, use and disposition of sealed radioactive sources.  This user-friendly document combines information from a variety of different documents, bringing together regulatory information with best-practice guidance.

Sealed radioactive sources (also referred to as sealed sources) are used in a wide variety of occupational settings – including academic and medical institutions, the oil and gas industry, manufacturing industries, nuclear power plants and sterilization facilities.  Sealed radioactive sources are subject to different regulatory and licensing structures depending on the type of source and its application.

NCRP Report No. 182 provides guidance on the following aspects of radiation safety related to sealed radioactive sources:

  • design, fabrication and manufacturing of sealed radioactive sources;
  • source acquisition, receipt and inventory;
  • use in specific occupational settings – including the handling and use of 
low-penetrating power sources, such as electroplated or foil sources;
  • source storage and transportation;
  • proper disposal; and,
  • emergency preparedness for accidents and incidents involving sealed 
radioactive sources.

According to NRCP’s press release, interested stakeholders who are or who may find themselves responsible for sealed radioactive source control would benefit from the report – including radiation safety officers; facilities and programs regulated by the U.S. Nuclear Regulatory Commission (NRC), Agreement States and the U.S. Department of Energy (DOE); scrap metal recyclers; and, small education institutions to large research facilities.  Regulatory authorities may also use NCRP Report No. 182 to establish or modify requirements for sealed radioactive source programs.

Recommendations

NCRP Report No. 182 includes new recommendations regarding:

  • a single definition of a sealed radioactive source and use of a categorization scheme for applying regulatory controls to sealed radioactive sources;
  • use and maintenance limitations for sealed radioactive sources and devices to end users;
  • inventory and tracking mechanisms applied to sealed radioactive sources and devices used 
under a general license; and,
  • return and/or disposal of disused and spent sealed radioactive source.

Background

NCRP is a Congressionally chartered body that seeks to formulate and widely disseminate information, guidance and recommendations on radiation protection and measurements which represent the consensus of leading scientific thinking.

Additional information regarding NCRP is available at http://ncrponline.org/.

Midwest Compact Annual Meeting Notice

ANNUAL MEETING NOTICE

The Midwest Interstate Low-Level Radioactive Waste Compact Commission will hold its annual meeting by telephone conference call at 10:00 am – 11:30 am CDT (or an earlier adjournment if the business is completed)
(Note: 11:00 am – 12:30 pm EDT for Indiana and Ohio)
on Friday, June 7, 2019
The public is encouraged to attend.  See the list of sites below.
Calling in: Toll-free dial-in number (888) 742-5095;
Conference code:  6805842054

 

Proposed agenda:

  1. Call to order; roll call
  2. Review of minutes of June 11, 2018, meeting
  3. Review of financial report
  4. Acting Chair’s report
  5. Election of officers
  6. Executive Director’s report
  7. Consultant expenses projected for FY 2020
    • Legal counsel fees
    • Audit proposal
    • Website and annual report fees
    • LLW Forum membership
  8. Adoption of FY 2020 budget
  9. Other business
  10. Adjournment

The sites are as follows:

In Iowa: Fifth Floor West Conference Room, IA Department of Natural Resources, Wallace State Office Building, 502 East 9 th Street, Des Moines. For information about the site and handicap access, call Iowa DNR Customer Service at 515.725.8200.

In Minnesota: Conference Room 401, Minnesota Pollution Control Agency, 520 Lafayette Road North, St. Paul 55155. For information about the site and handicap access, call 651.757.2138.  For directions, see map at www.pca.state.mn.us.

In Ohio: Ohio Department of Health, 246 N. High Street, Columbus, OH.  For information about the site and handicap access, call 614.644.2727.

In Wisconsin: Dept. of Health Services, 1 W. Wilson St., Rm 139 (CR 139), Madison, WI  53702.  For information about the site and handicap access, call Susan Hagstrom at 608.267.4797

Public Meeting re Pilgrim Decommissioning Activities Report

On January 15, 2019, U.S. Nuclear Regulatory Commission (NRC) staff held a public meeting in Plymouth, Massachusetts to discuss a decommissioning roadmap report for the Pilgrim nuclear power plant.  Attendees were able to provide comments at the meeting.

Entergy, which owns the single-reactor Plymouth facility, submitted its Pilgrim Post-Shutdown Decommissioning Activities Report (PSDAR) to the NRC on November 16, 2018.  Among other details, it describes the company’s plans to put the plant into SAFSTOR, or long-term storage, prior to beginning dismantlement work.

Holtec, which plans to acquire Pilgrim and decommission it in an expedited manner, has submitted its own PSDAR for the plant.  Since an application to transfer the plant’s NRC license from Entergy to Holtec remains under review, the report is currently being handled as a supplement to the application.

Pilgrim is scheduled to permanently cease operations by June 1, 2019.

Overview

On November 16, 2018, Entergy Corporation and Holtec International, through their affiliates, asked the NRC to approve the sale of the Pilgrim Nuclear Power Station to Holtec after shutdown.  According to the associated press release, doing so would allow Holtec to complete decommissioning and site restoration decades sooner than if Entergy completed decommissioning.

The companies jointly filed a License Transfer Application, requesting approval for the transfer of the Pilgrim Nuclear Power Station, as well as its Nuclear Decommissioning Trust Fund, to Holtec after the plant permanently shuts down by June 1, 2019.  They also made detailed separate filings that lay out the process each company would use to decommission the facility.

In order to facilitate a timely transaction closing by the end of 2019, the companies have asked the NRC to approve the application by May 31, 2019.  According to the press release, doing so will benefit the community, employees and other interested constituents.

Holtec’s filings describe the plan of its subsidiary, Holtec Decommissioning International, to complete the dismantling, decontamination and remediation of Pilgrim to NRC standards within eight years of license transfer (i.e., by the end of 2027) assuming timely regulatory approvals.  According to the press release, Holtec’s process will achieve site restoration decades sooner than if Entergy retained the plant while meeting all applicable local, state and federal regulations.

Holtec estimates total costs for decommissioning Pilgrim at $1.13 billion.  As of October 31, 2018, the balance in Pilgrim’s Decommissioning Trust Fund was $1.05 billion.

“Holtec’s technical expertise, innovations and industry-leading experience in spent fuel management and decommissioning enable it to do the work in a more cost-effective manner, with uncompromised safety and under rigorous NRC oversight,” states the press release.  “Over 100 nuclear plants rely on Holtec’s nuclear fuel storage technology, and the company is the world leader in spent nuclear fuel storage technology design and implementation.”

Holtec has contracted with Comprehensive Decommissioning International, LLC (CDI) to perform the decommissioning, including demolition and site cleanup.  CDI is a joint venture company of Holtec International and SNC-Lavalin.  According to the press release, “The decommissioning experience held by Holtec and SNC-Lavalin gives CDI more than half a century of managing complex projects in both the commercial and government nuclear sectors worldwide.”

Background

The Pilgrim Nuclear Power Station employs about 600 nuclear professionals and generates 680 megawatts of virtually carbon-free electricity, enough to power more than 600,000 homes.  Pilgrim began generating electricity in 1972.  Entergy purchased the plant in 1999 from Boston Edison.

Entergy Corporation is an integrated energy company engaged primarily in electric power production and retail distribution operations.  Entergy owns and operates power plants with approximately 30,000 megawatts of electric generating capacity, including nearly 9,000 megawatts of nuclear power.  Entergy delivers electricity to 2.9 million utility customers in Arkansas, Louisiana, Mississippi and Texas.  Entergy has annual revenues of approximately $11 billion and more than 13,000 employees.

Holtec International is a privately held energy technology company with operation centers in Florida, New Jersey, Ohio and Pennsylvania in the United States.  Globally, Holtec International has operation centers in Brazil, Dubai, India, South Africa, Spain, the United Kingdom and Ukraine.  Holtec’s principal business concentration is in the nuclear power industry.  Since the 1980s, Holtec has been densifying wet storage in nuclear plants’ spent fuel pools, which defers the need for and expense of alternative measures by as much as two decades.  Holtec has done this at over 110 reactor units in the United States and abroad.  Holtec also offers services regarding dry storage and transport of nuclear fuel.  Holtec is working to develop the world’s first below-ground CISF in New Mexico and a 160-Megawatt walk away safe small modular reactor, SMR-160.  The SMR-160 is developed to bring cost competitive carbon-free energy to all corners of the earth including water-challenged regions.  Holtec is also a major supplier of special-purpose pressure vessels and critical-service heat exchange equipment such as air-cooled condensers, steam generators, feedwater heaters and water-cooled condensers.  Virtually all products produced by Holtec are built in its three large manufacturing plants in the United States and one in India.

For additional information about the Pilgrim plant, please go to www.pilgrimpower.com.  Additional information about Entergy is available at www.entergy.com.  To learn more about Holtec International, please visit www.holtecinternational.com.  

The Pilgrim PSDAR that was submitted by Entergy is available on the NRC website at https://www.nrc.gov/docs/ML1832/ML18320A034.pdf.  The PSDAR that was submitted by Holtec is also available at https://www.nrc.gov/docs/ML1832/ML18320A040.pdf.  The Federal Register notice regarding the submittal of public comments on the Pilgrim PDSAR is available at https://www.govinfo.gov/content/pkg/FR-2018-12-21/pdf/2018-27724.pdf.

For additional information, please contact Diane Screnci at (610) 337-5330 or Neil Sheehan at (610) 337-5331.

Trump Signs Bill to Streamline Nuclear Energy Regulation

On January 14, 2019, President Donald Trump signed the Nuclear Energy Innovation and Modernization Act (NEIMA) into law.  Both the public and private nuclear energy sector supported the bill, which is intended to streamline regulatory processes for commercial nuclear power plants.

In particular, the bill directs the U.S. Nuclear Regulatory Commission (NRC) to modernize its licensing rules.  NRC is an independent federal agency that regulates nuclear energy operations.

Overview

The Nuclear Energy Innovation and Modernization Act establishes new NRC budget and fees structures and a revised licensing framework for advanced next generation nuclear reactors.

“This legislation establishes a more equitable and transparent funding structure which will benefit all operating reactors and future licenses,” said Nuclear Energy Institute (NEI) President and Chief Executive Officer (CEO) Maria Korsnick.

In addition, the bill directs the NRC to improve the efficiency of uranium regulation and disposal.

Impact

The new regulations are expected to increase the speed and affordability at which nuclear research at the Idaho National Laboratory can move from the lab to the commercial market.  According to a U.S. Senate news release, the legislation is also anticipated to make nuclear technology development and commercialization cheaper, enabling more of INL’s research to reach the market.

“This bipartisan measure is important for Idaho because it will help ensure that the work being done at the Idaho National Lab will have a path through to the commercial market,” said Senator Mike Crapo of Idaho.  “NEIMA pushes the NRC to modernize so that it has the ability to license advanced reactors in a safe, timely and transparent manner.”

The new regulations will not impact reactors that are currently in the licensing process, such as NuScale, which is an Oregon-based company that has designed and is developing a new modular light water reactor.  However, the legislation is expected to help speed up and decrease the cost of the 42-month licensing process for a nuclear reactor.  It is also expected to provide additional clarity for reactors to complete the application.

The Nuclear Energy and Modernization Act, Public Law 115-439, can be found at https://www.congress.gov/bill/115th-congress/senate-bill/512.

Vermont Yankee Sale from Entergy to NorthStar Completed

On January 11, 2019, Entergy Corporation completed the sale of Entergy Nuclear Vermont Yankee to subsidiaries of NorthStar Group Services, which will decommission the Vermont Yankee Nuclear Power Station site.  The sale is a first-of-its-kind in the nuclear power industry – a permanent ownership and license transfer to a company that is slated to perform timely and efficient decommissioning and site restoration.

“The sale completion is a major step toward the safe, timely and efficient decommissioning of Vermont Yankee … and is a positive outcome for the Town of Vernon, Windham County, the State of Vermont and other stakeholders,” states the associated press release from Entergy.  “In addition, Entergy is making progress on its corporate strategy of exiting the merchant nuclear power business.”

The NorthStar decommissioning team includes Orano USA (reactor vessel segmentation and used fuel management support); Waste Control Specialists (waste management, packaging, transport and disposal); and, Burns & McDonnell (engineering and regulatory support).

Overview

In November 2016, Entergy and NorthStar announced the sale agreement.  On October 11, 2018, the U.S. Nuclear Regulatory Commission (NRC) issued an Order approving the transfer of the operating license for the Vermont Yankee nuclear power plant from Entergy Nuclear Operations, Inc. (Entergy) to NorthStar Nuclear Decommissioning Company, LLC (NorthStar NDC).  Entergy requested the transfer to NorthStar NDC to decommission the plant, which ceased operations in December 2014.  The Order and other documents related to the license transfer review are available in the NRC’s ADAMS online database at ML18242A638.

Based on the staff’s review, NRC approved the application for transfer of the licenses for the Vermont Yankee nuclear power plant subject to the following conditions:

  • prior to the closing of the license transfer, NorthStar NDC and NorthStar Vermont Yankee, LLC (NorthStar VY) would provide the Directors of NRC’s Office of Nuclear Material Safety and Safeguards (NMSS) and Office of Nuclear Reactor Regulation (NRR) satisfactory documentary evidence that they have obtained the appropriate amount of insurance required of a licensee under 10 CFR 140.11(a)(4) and 10 CFR 50.54(w) of the Commission’s regulations, consistent with the exemptions issued to Vermont Yankee on April 15, 2016;
  • NorthStar VY and NorthStar NDC would take no action to cause NorthStar Group Services, Inc. to void, cancel or modify the $140 million support agreement to provide funding for Vermont Yankee as represented in the application without prior written consent of the NRR Director; and,
  • NorthStar VY would obtain a performance bond if a settlement agreement with the U.S. Department of Energy (DOE) on federal reimbursements for spent fuel management expenses is not entered into by January 1, 2022.

The performance bond would become effective January 1, 2022 initially in the amount of $4.3 million and it will be renewed annually.  This amount would cover the annual amount of Independent Spent Fuel Storage Installation (ISFSI) operation and maintenance costs projected for 2022-2024.  If a settlement is not reached by January 1, 2024, this amount would be increased to $9.3 million, which covers the annual amount of ISFSI operation and maintenance costs projected for years after 2024.

On December 6, 2018, the Vermont Public Utility Commission issued an order approving the sale of Entergy Nuclear Vermont Yankee and an amended Certificate of Public Good that authorizes NorthStar to own, possess the licenses for and decommission Vermont Yankee.  The transaction closed on terms consistent with the companies’ previously disclosed financial commitments and assurances.  No contribution to the nuclear decommissioning trust was required.

Background

Vermont Yankee Nuclear Power Station is a single unit boiling water reactor located in Vernon, Vermont.  It began commercial operation in 1972.  Entergy acquired the plant from Vermont Yankee Nuclear Power Corporation in 2002.  The plant permanently ceased operations on December 29, 2014.

Entergy Corporation is an integrated energy company engaged primarily in electric power production and retail distribution operations.  Entergy owns and operates power plants with approximately 30,000 megawatts of electric generating capacity, including nearly 9,000 megawatts of nuclear power.  Entergy delivers electricity to 2.9 million utility customers in Arkansas, Louisiana, Mississippi and Texas.  Entergy has annual revenues of approximately $11 billion and more than 13,000 employees.

NorthStar Group Services, based in New York, is a comprehensive facility and environmental solutions company with more than $600 million in annual sales and licenses in all 50 states throughout the country.  NorthStar owns and maintains a large, nationwide inventory of specialized dismantling equipment and employs more than 3,000 people.

For additional information, interested stakeholders are directed to www.entergy.com, www.vy-decommissioning.com and www.northstar.com.

Central Interstate Compact Commission Holds Teleconference Meeting

On February 12, 2019, the Central Interstate Low-Level Radioactive Waste Commission held a special meeting.  The meeting — which was held by teleconference — began at 10:00 a.m. CDT.

The purpose of the meeting is for the approval of minutes of the June 19, 2018 annual meeting; approval of the fiscal year 2017-2018 audit done by Cochran, Head, Vick & Company; vote regarding the Low-Level Radioactive Waste Forum (LLW Forum) hosting the Commission’s web page; and, all other business to come before the Commission.

The following items were on the draft agenda for the meeting:

  1. Call to Order and Roll Call (Chair)
  1. Identify Members of the Public on Conference Line
  1. Introduce New Commissioner from Oklahoma, Kelly Dixon
  1. Approval of Minutes of the June 19, 2018 Annual Meeting
    1. Questions/Discussion by Commissioners
    2. Questions/Discussion by Public
    3. Roll Call Vote
  2. Approval of Cochran, Head, Vick & Company Audit for Fiscal Years 2017-2018
    1. Questions/Discussion by Commissioners
    2. Questions/Discussion by Public
    3. Roll Call Vote
  3. Vote Regarding LLW Forum Hosting Commission’s Web Page

At the June 2018 Annual Meeting, Cecilia Snyder of the LLW Forum presented information about the LLW Forum’s proposal to develop and host the Commission’s website.

  1. Questions/Discussion by Commissioners
  2. Questions/Discussion by Public
  3. Roll Call Vote
  4. Adjourn

Pursuant to Article IX(H)(3) of the Commission’s Bylaws, this Public Forum was an opportunity for members of the public to address the Commission on any matter under the Commission’s jurisdiction.

For additional information, please contact Kristie Valtierra, Administrator of the Central Interstate Low-Level Radioactive Waste Compact Commission, at (402) 702-5220 or at admin@cillrwcc.org or visit their web site at www.cillrwcc.org.

Limited Operations Authorized at US Ecology Waste Site Following Explosion

On February 7, 2019, the Idaho Department of Environmental Quality (DEQ) authorized US Ecology to restart some operations at a waste facility following a November 2018 explosion that killed one worker and injured eight others.

The following day, US Ecology Idaho received a number of shipments.  According to the company, additional shipments are expected shortly.  In addition, some FUSRAP waste remains in rail cars awaiting disposal, while other waste is currently onsite that meets the disposal criteria, according to US Ecology officials.

US Ecology plans to resume drum processing, waste treatment and other waste management services in the future, although the dates therefore remain unspecified.

Incident

The incident originally occurred at US Ecology’s 328-acre hazardous waste disposal operation near the city of Grand View, Idaho on November 17, 2018.  The resultant blast blew holes in the roof of the facility that is used for processing waste barrels.  An equipment operator was killed and eight employees suffered non-life-threatening injuries.  The Idaho landfill, however, was not damaged in the incident.

US Ecology, Idaho DEQ, the U.S. Environmental Protection Agency (EPA) and the federal Occupational Safety and Health Administration (OSHA) all continue to investigate the cause of the explosion.  According to a press release, US Ecology has made significant progress in understanding the event and is analyzing samples and other data collected in the wake of the explosion.

Authorization

The Idaho DEQ authorization was issued in response to a request from US Ecology Idaho that was submitted on January 25 2019.  According to an Idaho DEQ press release, the state agency issued the authorization after “certification that the landfill cells are ready to receive waste and a subsequent letter certifying that necessary equipment is in place and can support the safe disposal of waste.”

Specifically, the authorization was issued after a professional engineer certified the state of the landfill cells and US Ecology demonstrated it had support equipment available.  The Idaho DEQ also performed several site visits and inspections, as well as reviewed the company’s temporary authorization request for operations.  The Idaho DEQ then determined that US Ecology could resume limited landfill disposal in a compliant and environmentally protective manner.

The Idaho DEQ approval will enable US Ecology Idaho to begin receiving off-site waste for direct disposal – i.e., the waste may go to the landfill without stopping for storage or treatment.  Idaho DEQ is allowing US Ecology to conduct acceptance and disposal of select bulk wastes, but has not yet authorized the company to resume waste treatment operations.  US Ecology was required to meet several safety requirements before issuance of the authorization.

Background

Boise-based US Ecology operates facilities throughout the United States for disposal and treatment of radioactive and other waste types.  The US Ecology Idaho site is used for disposal and treatment of hazardous and nonhazardous wastes.

US Ecology sites may accept material designated as very low-activity radioactive waste by the U.S. Nuclear Regulatory Commission (NRC) and waste from U.S. Army Corps of Engineers Formerly Utilized Sites Remedial Action Program (FUSRAP) cleanup sites.  US Ecology Idaho can also take in naturally occurring radioactive material (NORM) and technologically enhanced naturally occurring radioactive material (TENORM).

For additional information, please contact Joe Weismann of US Ecology at (208) 319-1634 or at joe.weismann@usecology.com.

NCRP Releases Guidance for Radiation Protection in the United States

On February 4, 2019, the National Council on Radiation Protection and Measurements (NCRP) announced the newest guidance for radiation protection in the United States with the publication of Report No. 180 titled, Management of Exposure to Ionizing Radiation: Radiation Protection Guidance for the United States (2018).

The report is intended to serve as a tool for those responsible for implementing radiation protection programs and developing regulations in the United States.

Interested stakeholders can purchase a copy of NCRP Report No. 180 at https://ncrponline.org/shop/reports/report-no-180-management-of-exposure-to-ionizing-radiation-radiation-protection-guidance-for-the-united-states-2018-2018/.

Overview

NCRP Report No. 180 contains NCRP’s recommendations to guide active decision-making for radiation protection.  Key points for radiation protection in the NCRP guidance include:

  • the best protection guidelines are flexible and reflect current circumstances;
  • new topics are addressed that have emerged in the last 25 years; and,
  • medical use, stakeholder engagement, ethical values and safety culture are included and emphasized.

NCRP recommendations are intended to provide a basis for radiation protection programs in the United States.  Report No. 180 is primarily for federal and state agencies responsible for the well being of individuals exposed to ionizing radiation and those agencies with responsibility for protecting non-human biota from such sources.  The report also provides useful information for health physicists, medical physicists, physicians and other medical professionals, radiation safety officers, managers, workers, members of the public and the media.

Some of the categories of radiation protection that are discussed in NCRP Report No. 180 include:  medicine; worker safety and naturally occurring radioactive materials; public safety, including sensitive populations; environmental protection; emergency response; and, research and industry.

Issues and Analysis

NCRP Report No. 180 gives an integrated and coherent approach for radiation protection in all exposure situations.  The report states that optimization of protection universally applies, ensuring benefits from radiation taking into consideration societal, economic, and environmental aspects; addressing all hazards; and, striving for continuous improvement when it is reasonable to do so.

The report includes numeric criteria for individual dose management that provide an adequate basis for protection.  The recommended criteria are influenced by the type and knowledge of the source; the existence of an appropriate radiation control program; and, whether that program can be established in advance of introducing the source.

NCRP Report No. 180 also includes new topics that have emerged in the last 25 years and builds on the many NCRP recommendations issued since the previous recommendations in Report No. 116, which was issued in 1993.  The treatment of medical exposure is significantly expanded, including optimization for patients; coverage of comforters and caregivers; and, biomedical research participants.  Emergency workers are defined as a new category of exposure and NCRP recommends that they be handled separately from occupational exposure or public protection.  Protection of the environment, including non-human biota, is covered with recommendations to support decision-making under the National Environmental Policy Act (NEPA).

Ethical values, stakeholder engagement and safety culture are emphasized as contributing to radiation protection decisions and practice in addition to the knowledge of human biological effects of ionizing radiation.  Ethical values support decision-making in complex situations.  Stakeholders are key in making decisions concerning the management of their radiation exposure and the achievement of sustainable and suitable decisions.  A strong safety culture is intrinsic to effective radiation protection programs.

Background

NCRP is a Congressionally chartered body that seeks to formulate and widely disseminate information, guidance and recommendations on radiation protection and measurements which represent the consensus of leading scientific thinking.

For additional information about NCRP, interested stakeholders may contact Laura Atwell, Director of Operations, at (301) 657-2652 (ext. 18) or at atwell@ncrponline.org or go to http://ncrponline.org.

NRC Commissioner Burns Announces Departure

On January 28, 2019, Commissioner Stephen Burns told U.S. Nuclear Regulatory Commission (NRC) staff earlier that he will leave the Commission when his term expires on June 30, 2019.

Burns announcement came during the annual NRC all-employee meeting.

Overview

The NRC Commission operates as a collegial body to formulate policies, develop regulations governing nuclear reactor and nuclear material safety, issue orders to licensees and adjudicate legal matters.

The five NRC Commissioners are appointed by the President and confirmed by the U.S. Senate for five-year terms to head the agency.  One of them is designated by the President to be the Chair and official spokesperson of the Commission.

The Chair is the Principal Executive Officer of and the Official Spokesperson for the NRC.  As Principal Executive Officer, the Chair is responsible for conducting the administrative, organizational, long-range planning, budgetary and certain personnel functions of the agency.  The Chair has ultimate authority for all NRC functions pertaining to an emergency involving an NRC license.  The Chair’s actions are governed by the general policies of the Commission.

All five NRC Commissioner slots are currently filled.  In addition to Burns, the remaining other Commissioners include:

  • Kristine Svinicki, a nuclear engineer and policy advisor, is currently the NRC Chair. She is serving her third term on the Commission, which is set to expire on June 30, 2022.
  • Jeff Baran, an attorney and member of the Commission since 2014 who’s current term is scheduled to expire on June 30, 2017.
  • Annie Caputo, a nuclear policy adviser to Senate Environment and Public Works Committee Chairman John Barrasso (R-WY), is serving a term that is set to expire on June 30, 2021.
  • David Wright, an energy consultant and former president of the National Association of Regulatory Utility Commissioners, who’s term is scheduled to expire on June 30, 2020.

The agency can have no more than three Commissioners who are members of the same party.  Burns departure will leave three Republican Commissioners and one Democrat.

Background

Burns, an Independent, became an NRC Commissioner in November 2014.  He served as the agency’s Chair from January 2015 to January 2017, when President Trump replaced him with current Chair Kristine Svinicki, who is a Republican.

Burns joined NRC in 1978 as an attorney.  He worked his way up to the post of General Counsel, which he held from 2009 to 2012.

At that time, Burns joined the Organisation for Economic Co-operation and Development’s Nuclear Energy Agency in Paris as the Head of Legal Affairs before returning to become an NRC commissioner about two years later.

The week before announcing his departure, Burns dissented from a majority vote by Commissioners to change the agency’s safety requirements established in the wake of the Fukushima nuclear power plant accident in Japan in 2011.

For additional information related to Commission business, please contact Annette Vietti-Cook, Secretary of the Commission, at (301) 415-1969 or at NRCExecSec@nrc.gov.

NRC To Issue Final Rule for Mitigating Severe Events at U.S. Reactors

On January 24, 2019, the U.S. Nuclear Regulatory Commission (NR) announced that agency staff has been directed to publish a rule based on lessons learned from the March 2011 accident at Japan’s Fukushima Daiichi plant.  The rule builds on Orders that the NRC issued in March 2012.

Overview

The Mitigation of Beyond-Design-Basis Events rule, which will be published in the Federal Register in spring 2019, applies to operating commercial nuclear power plants and power reactor license applicants.  The rule’s primary impact lies in requiring U.S. commercial reactors to:

  • maintain resources and procedures to cool a reactor’s core and spent fuel pool, as well as preserve the reactor’s containment, following an event that disables all of a site’s normal and emergency a/c electrical power sources, as well as the site’s ability to safely transfer heat to the environment;
  • maintain equipment that can reliably measure spent fuel pool water levels following a severe event; and,
  • preserve the resources needed to protect the core, containment and spent fuel pool from external hazards.

Applicability

Most U.S. nuclear power plants must comply with the rule’s requirements within two years and 30 days of the rule’s publication in the Federal Register.  Those plants subject to the NRC’s Containment Venting Order of March 2013 must comply with the rule within three years and 30 days of the rule’s publication.

The rule applies more broadly than either the venting or Mitigation Strategies Order (issued in 2012) or conditions included in new reactor licenses issued since 2012.  The rule therefore includes language that ends the Orders and license conditions once the rule’s requirements are in place.  The rule also lays out the process for ending the requirements for a plant that has permanently shut down.

Background

The NRC staff responded to public comments on the draft rule by removing, reorganizing, clarifying and enhancing several sections.  The rule also resolves five petitions for rulemaking that were submitted in July 2011.  The rule also partially resolves a sixth petition submitted in May 2011.

The NRC and its nuclear power plant licensees will continue post-Fukushima efforts outside of the rulemaking context, including analyses of whether additional safety improvements are necessary in response to updated site-specific seismic and flooding risk assessments.

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

San Onofre Special Inspection Pre-Decisional Enforcement Conference

On January 24, 2019, the U.S. Nuclear Regulatory Commission (NRC) met with representatives of Southern California Edison Company to discuss preliminary findings of a Special Inspection it conducted at the
 San Onofre Nuclear Generating Station following a fuel-loading incident on August 3, 2018.

The meeting was held from 2:00 – 5:00 p.m. Central Time at the NRC’s Region IV office, which is located at 
1600 E. Lamar Boulevard in Arlington, Texas.  It was open to public observation and was broadcast via webinar.  NRC officials answered questions submitted via the Internet from the public following the business portion of the meeting.

No decision on the final safety significance of the findings identified in a November 2019 inspection report or any additional NRC actions were made at the conference.  That decision will be announced at a later date.

Overview of Issues and Inspection

On September 10-14, 2018, NRC officials conducted a Special Inspection at the San Onofre facility in San Clemente, California.  The inspection was conducted in response to the misalignment of a loaded spent fuel storage canister as it was being downloaded into the storage vault at the San Onofre Nuclear Generating Station (SONGS).

Based on the results of the Special Inspection, two apparent violations were identified and are being considered for escalated enforcement action in accordance with the NRC Enforcement Policy.  The apparent violations involved the failure to:

  • ensure important-to-safety equipment was available to provide redundant drop protection features for a spent fuel canister during downloading operations; and,
  • make a timely notification to the NRC Headquarters Operations Center for the disabling of important-to-safety equipment on August 3, 2018.

The circumstances surrounding these apparent violations, the significance of the associated issues, and the need for corrective actions were discussed with San Onofre officials at the conclusion of the onsite inspection and during the final telephonic exit briefing.

Inspection Report

In a December 2018 letter transmitting the inspection findings to San Onofre officials, NRC stated as follows:

The NRC is concerned about apparent weaknesses in management oversight of the dry cask storage operations.  Your staff did not perform adequate direct observational oversight of downloading activities performed by your contractor, ensure adequate training of individuals responsible for performing downloading operations, provide adequate procedures for downloading operations, or ensure that conditions adverse to quality were entered into the corrective action program.  The NRC identified that a causal factor for the misalignment incident involved management weakness in the oversight of dry cask storage operations.

According to NRC’s letter, agency officials determined that three Severity Level IV violations of NRC requirements occurred.  The violations involved failures to:

  • identify conditions potentially adverse to quality for placement into San Onofre’s corrective actions program;
  • assure that operations of importance to safety equipment were limited to trained and certified personnel or under direct supervision; and,
  • provide adequate procedures for dry cask storage operations involving downloading operations.

The NRC determined the issuance of a Notice of Violation is appropriate because the actions to restore compliance have not been fully developed and implemented and the actions must be effective prior to beginning fuel-handling activities.

Background

Southern California Edison owns the San Onofre Nuclear Generating Station.  The plant is located in San Clemente, California.  It permanently shut down in 2013.

A copy of the November 2018 San Onofre Nuclear Generating Station inspection report is available online at https://www.nrc.gov/docs/ML1834/ML18341A172.pdf.  

For additional information, please contact Victor Dricks at (817) 200-1128.

Oral Arguments Held re Holtec Spent Fuel Storage Application

On January 23, 2019, a U.S. Nuclear Regulatory Commission (NRC) Atomic Safety and Licensing Board (ASLB) heard oral arguments in Albuquerque, New Mexico on petitions to hold an adjudicatory hearing concerning an application by Holtec International to construct and operate a consolidated interim spent fuel storage facility in the state.

The arguments were held at the State Bar of New Mexico, which is located at 5121 Masthead St. NE in Albuquerque.

Project Overview

According to the license application, Holtec is seeking to store up to 8,680 metric tons of uranium in commercial spent fuel in the Holtec International Storage Module Underground “MAXimum” Capacity (HI-STORM UMAX) Storage System for a 40-year license term.  The subterranean used nuclear fuel storage system has a maximum storage capacity of 10,000 canisters.  The initial license application is for 500 storage cavities.  The NRC previously certified HI-STORM UMAX in Docket number 72-1040.

“Engineered over a decade ago and licensed by the NRC in 2015, HI-STORM UMAX is physically sized to store all of the used nuclear fuel produced in the U.S. and all canisters currently licensed in dry storage in the country making it a truly universal used fuel storage facility,” states Holtec.  “Already deployed at multiple nuclear power plants around the U.S. …, the HI-STORM UMAX stores the stainless steel canister containing the spent fuel or high-level waste entirely below-ground to serve as a ‘security-friendly’ storage facility, providing a clear, unobstructed view of the entire CISF from any location.  HI-STORE CIS is envisioned to unify the storage of all different storage canisters (both vertically and horizontally stored) in one standardized HI-STORM UMAX cavity system simplifying operations and aging management activities.”

“Storing the Nation’s used nuclear fuel in the HI-STORM UMAX system is a temporary measure, as the stainless-steel canisters are easily retrievable and ready for transport pending the determination of a safe permanent solution for managing used nuclear materials.,” continues Holtec.  “The canisters are designed, qualified, and tested to survive and prevent the release of radioactive material under the most adverse accident scenarios postulated by NRC regulations for both storage and transportation.”

Holtec is using its own funds to support the licensing action.  According to Holtec, the project has “the enthusiastic support of nuclear-savvy communities in southeastern New Mexico incorporated as the Eddy Lea Energy Alliance (ELEA), LLC.”  If the initial application is approved, Holtec plans to make supplemental submittals to incorporate the various canister types being used in the industry.

The Holtec application and other documents related to the NRC’s review are available on the NRC website at www.nrc.gov.

Background

Holtec submitted its application on March 30, 2017.  The NRC formally docketed the application on February 28, 2018.  On March 30, 2018, NRC published a Federal Register notice requesting public comments on the scope of its environmental review.  (See 83 Federal Register 13,802 dated March 30, 2018.)  Comments were accepted through May 29, 2018.  (See LLW Notes, March/April 2018, pp. 16-18.)

On April 6, 2018, NRC published a separate notice about the public meetings.  (See 83 Federal Register 14,897 dated April 6, 2018.)  On July 18, 2017, NRC issued a press release announcing the opportunity for the public to request an adjudicatory hearing on Holtec International’s application for a license to construct and operate a consolidated interim spent fuel storage facility in Lea County, New Mexico.  (See LLW Notes, July/August 2018, pp. 16-18.)  A few days earlier, an announcement was published in the Federal Register that describes the requirements and procedures for filing a request for a hearing and petition to intervene.  (See 83 Federal Register 32,919 dated July 16, 2018.)  The deadline for submitting a request to the NRC was September 14, 2018.

The Federal Register notice announcing the opportunity to request a hearing on Holtec’s application is available online at https://www.gpo.gov/fdsys/pkg/FR-2018-07-16/pdf/2018-15079.pdf.

For additional information, please contact, please contact Erika Grandrimo of Holtec at (856) 797-0090 ext. 3920 or at e.grandrimo@holtec.com or David McIntyre of the NRC at (301) 415-8200.

EnergySolutions’ Part B Permit Modifications Approved

On January 16, 2019, a notice was published to announce the approval of a modification to EnergySolutions LLC state-issued Part B permit.

Overview

The modifications involved the following changes:

  • 2018-007676: Approval of a Class 2 modification for Revisions to Attachment II-6,

Contingency Plan:  Changes include updates to exhibit drawings showing equipment locations and an additional exhibit to include propane and fuel tank locations throughout the site.

  • 2018-001895: Approval of a Class 1 modification for Revisions to Attachment II-7,

Closure Plan; Attachment II-7-1, Overall Facility Closure Cost Summary; Attachment II-7-2, Closure Cost Estimate-Mixed Waste Details; and, Attachment II-7-3, Reserve Capacity Calculations.

Documents

Questions regarding the modification or requests for review of the modification applications and related documents should be directed to EnergySolutions or the Utah Division of Waste Management and Radiation Control (DWMRC).  The documents are also available for review at the offices of EnergySolutions, which is located at 299 South Main Street, Suite 1700, in Salt Lake City, Utah.

The permittee’s compliance history during the life of the permit being modified is available from the Division contact person.

Background

EnergySolutions operates a low-level radioactive waste management and disposal facility in Clive (Tooele County), Utah.  The facility is authorized to accept Class A low-level radioactive waste, but may not accept Class B or C waste pursuant to state law.

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.

For additional information, please contact Otis Willoughby of the Utah DWMRC at (801) 536-0200 or at owilloughby@utah.gov or Timothy Orton of EnergySolutions at (801) 649-2000 or at torton@energysolutions.com.

Andrew Wheeler Nominated to Serve as EPA Administrator

On January 9, 2019, President Donald Trump formally nominated Andrew Wheeler to serve as Administrator of the U.S. Environmental Protection Agency (EPA).  Wheeler, who is a former energy lobbyist, has led the EPA for the past six months in an acting capacity following the departure of former EPA Administrator Scott Pruitt.

“I am honored and grateful that President Trump has nominated me to lead the Environmental Protection Agency,” said Wheeler in a statement.  “For me, there is no greater responsibility than protecting human health and the environment, and I look forward to carrying out this essential task on behalf of the American people.

The White House has sent Wheeler’s nomination to the U.S. Senate.  EPA is one of the agency’s that is affected by the partial government shutdown.  (See LLW Notes, November/December 2018, pp. 29-30.)

Overview

Wheeler is a former lobbyist for coal mining giant Murray Energy Corporation and other companies.  He has been serving as the acting EPA Administrator since July 2018, following the resignation of then-EPA Administrator Scott Pruitt.  If the Senate confirms Wheeler, his responsibilities and duties would remain the same.  Without confirmation, however, his ability to serve in an acting capacity may be limited to a maximum of 210 days under current law.

Wheeler, who was confirmed by the U.S. Senate as Deputy Administrator in April 2018, has overseen significant action on some of the most consequential deregulatory proposals by the EPA.  During his tenure as Acting Administrator, the EPA has proposed to replace limits on carbon dioxide pollution from power plants; to cease plans to strengthen auto emissions and efficiency rules; and, to limit restrictions on wetlands and streams.

“Acing Administrator Wheeler has done an outstanding job leading EPA and is well qualified to run the agency on a permanent basis,” said Senator John Barrasso (R-WY).  “I will work with committee members to get him confirmed.”  Senator Barraso serves as Chair of the Environment and Public Works Committee, which is responsible for reviewing the nomination.

“The only thing Wheeler is going to protect at the EPA is the profits of polluters,” said Brett Hartl in a prepared statement.  “I’m sure corporate board rooms will celebrate this nomination,” continued Hartl, who serves as Government Affairs Director at the Center for Biological Diversity.  “But for anyone who drinks water, breathes air or cares about wildlife, this will be nothing but awful.”

Background

Wheeler began his career at the EPA in the early 1990’s, working on toxic substance policy.  He later worked on Capitol Hill as a top aide to Senator James Inhofe (R-OK), a former Chair of the Environment and Public Works Committee and a vocal skeptic of climate change science.

Wheeler also worked at the law and lobbying firm of Faegre Baker Daniels.  During his time at the law firm, Wheeler served as a lobbyist for energy and coal companies.

Enforcement Action Initiated Against Holtec re Spent Fuel Cask Design

On December 27, 2018, the U.S. Nuclear Regulatory Commission (NRC) announced that the agency plans to bring an enforcement action against Holtec International — the manufacturer of the steel and concrete casks used at the Vermont Yankee nuclear power plant to store spent fuel.

NRC officials held a pre-decisional enforcement conference with Holtec officials from 1:00 – 5:00 p.m. ET on January 9, 2019.  The conference, which was held in the Commission Hearing Room at NRC Headquarters, was open to the public and webcast.

For additional information on the webcast, please go to https://video.nrc.gov.

Background

The issue originated when a loose bolt was identified in the 18-foot tall casks at the San Onofre Nuclear Generating Station in California in March 2018.  Workers at the San Onofre Nuclear power plant discovered a loose four-inch stainless steel pin at the bottom of a canister as it was being prepared for loading with spent fuel.  The pin was part of a shim designed to support the fuel basket and allow airflow to the fuel assemblies within the canister.  As such, the shim is considered essential to the function of the fuel basket.  Regulators are concerned that the problem could affect the ability of the casks to effectively cool the nuclear fuel.

Since the Vermont Yankee plant shares a similar cask design as San Onofre, a two-month halt was initiated earlier this year when Entergy Nuclear Corporation was transferring the plant’s spent nuclear fuel to the air-cooled storage casks.  The transfer resumed in May 2018 and was completed this past summer.

During the two-month hiatus at Vermont Yankee, Entergy inspected the empty Holtec Hi-Storm 100 casks that Holtec had already provided for the fuel transfer and storage project and found no problems with the casks.  Entergy used a total of 58 casks, but it could not inspect the canisters already filled with fuel.  According to NRC, 31 of the 58 casks at the Vernon site were of the new Holtec design.

Transfer of the spent fuel was a key condition of the pending sale of Vermont Yankee by Entergy to NorthStar Holding Company.  The sale, which has received both state and federal approval, is expected to be completed early in the 2019 calendar year.

Overview

The action against Holtec International involves a new design that the company adopted for its casks before getting NRC approval.  The design has since been approved, according to an agency representative.

In particular, NRC asserts that Holtec changed the design of the Hi-Storm 100 casks — specifically the four-inch stainless steel pins that hold the basket, which in turn holds the spent fuel.  Holtec determined that it did not need to conduct a written evaluation, which was a violation of NRC safety regulations according to agency officials.  In the notice of violation from the NRC, the agency referred to “nonconforming and degraded conditions at both SONGS (San Onofre Generating Station) and VY [Vermont Yankee], respectively.”

NRC conducted an inspection at Holtec’s offices in Camden, New Jersey.  On November 29, 2018, NRC issued an inspection report identifying two apparent violations of the agency’s quality assurance regulations.  The NRC determined Holtec, when it changed the shim to the pin design in 2016, failed to establish adequate design control measures for selecting and applying materials, parts, equipment and processes essential to the function of safety-related structures, systems and components.  Holtec also failed to maintain written records of changes to its canister design, including an evaluation of why the design change could be implemented without applying to the NRC for an amendment to the canister’s Certificate of Compliance.

The NRC offered Holtec a choice between the pre-decisional enforcement conference or third-party mediation.  Holtec chose the conference, during which its officials will be able to present additional information for the NRC staff to consider in assessing the significance of the subject violations.  No final action will be taken at the conference on January 9, 2019.In addition to San Onofre and Vermont Yankee, the Holtec Hi-Storm 100 casks were also used to store spent fuel at nuclear plants including Dresden in Illinois; Grand Gulf in Mississippi; Hatch in Georgia; Columbia in Washington; Watts Bar in Tennessee; and, Callaway in Missouri.

For additional information, please contact David McIntyre of the NRC at (301) 415-8200.

Texas Compact Facility Legislative Oversight Report Released

On December 1, 2018, the Joint Compact Facility Legislative Oversight Committee (Joint Committee) submitted its report on the Texas Low-Level Radioactive Waste Disposal Compact (Texas Compact) facility to the Senate Committee on Natural Resources and Economic Development and the House Committee on Environmental Regulation.

The Joint Committee was established pursuant to House Bill (HB) 2662, which was passed by the 85th Legislature during the regular session.  The Joint Committee heard invited and public testimony during a scheduled hearing on September 6, 2018.

Charge

Since opening in 2012, Waste Control Specialists (WCS) has operated at a loss.  According to the Joint Committee’s report, “there is continued concern that the current regulatory scheme, including fee allocation, is prohibitively cumbersome and that it may prevent any owner of the Facility from operating at a profit.”

The following is the charge for the Joint Committee pursuant to HB 2662:

Assessment of the Texas Low-Level Radioactive Waste Disposal Compact facility to include recommendations relating to costs, fees, and any other matters the legislative oversight committee determines are relevant to the compact facility and oversight of the compact facility. Report must include the results of the assessment.

Recommendations

The following overview of the Joint Committee’s recommendations includes detailed excerpts from the report.  Interested stakeholders seeking additional information should review the report in its entirety.

  • Waste Disposal Rates for In-Compact Generators The Joint Committee recognized the intent of the rate rule, while acknowledging that current compliance regulations pose a risk to the financial viability of a private operator.  The Joint Committee expressed a desire to retain the spirit of the rate rule by providing low prices to in-compact generators, but recognized that the contract review process has proven to be an impediment to WCS’s desire to participate in the free market for out-of-compact waste.  In the Committee’s discussion of the rate rule and pricing issue, a number of possible solutions were developed to the issues posed by the rate rule. The proposals included accepting WCS’ request to untether non-compact waste from the rate rule; creating a floating rate that is more adaptable to market conditions; and, developing quicker mechanisms to ensure compliance.
  • Contract Review The Joint Committee expressed concerns with allowing private companies to audit another private company with whom they are actively negotiating contracts due to the inequitable negotiating position in which WCS would be placed.  The Joint Committee further expressed concerns with adopting an alternative compliance mechanism without specificity in how it would be implemented.  Absent a sufficient regulatory framework, if in-compact generators and WCS ever disagreed on compliance with a contract, a potential for routine litigation may be created.  The Joint Committee recognized that untethering the out-of-compact rates would eliminate the need for a cumbersome contract review process.  The Joint Committee also discussed statutory changes that would allow TCEQ to review an aggregation of contracts rather than reviewing them on an individual basis.  Practically speaking, TCEQ would review both in-compact and out-of-compact contracts over a certain period of time and compare the average rates for each to verify compliance.
  • Fees and Surcharges The Joint Committee discussed the amount and purpose of the fees and surcharges assessed on both in-compact and out-of-compact waste.  The Joint Committee recognized that the default surcharge levels of 36.25% and 16.25% are excessive, especially in light of WCS’s competitor’s surcharges, and found that a reduction in fees may be reasonable.  The Joint Committee further recognized that reducing the surcharges would result in an increase in both in-compact and out-of-compact waste because WCS would be able to offer more competitive rates.  The Joint Committee considered that despite reducing the surcharges, the state might actually receive a greater financial benefit due to the increased volume of waste disposed that would be incentivized by lower surcharges.
  • Waste Disposal Capacity The Joint Committee recognized the balancing that is needed to ensure there is capacity for in-compact generators while also allowing WCS to accept imported waste to finance the operation and expansion of the facility.  In discussing this balance, a number of suggestions were made.  One suggestion was to aggregate the 275,000 annual curie limit over ten years, meaning the limit on imported waste would be 2.75 million curies over ten years.  This would provide WCS with the flexibility to bid on potential larger contracts without eliminating or increasing the average annual curie limit.  The Joint Committee noted that ARDT is requesting that capacity be guaranteed for in-compact waste without a guarantee that the in-compact generators will use the CWF instead of the alternative disposal and storage options.  Furthermore, imposing such a requirement necessarily requires a capital investment by WCS, while at the same time impeding their ability to compete for profit generating contracts.  In light of this, the Joint Committee also discussed imposing “take or pay” provisions.  This would require the in-compact generators to either use the facility or pay a fee for not meeting certain disposal quotas.  This would likely be based on ARDT’s suggested operational trigger that considers average historic volume disposed.  Requiring the in-compact generators to prepay for capacity was also an option discussed.  This would provide WCS with the capital necessary to build out capacity and also serve to incentivize in-compact generators to use the facility.
  • Fixed Costs/Costs of a State-Operated Facility The Joint Committee discussed alternatives to having a private operator for the CWF as it currently exists.  The Joint Committee unanimously expressed concerns regarding the potential cost if the state were to operate the CWF.  Furthermore, when specifically asked if TCEQ possesses the requisite expertise to manage and operate a CWF, TCEQ acknowledged that they do not.  The Joint Committee recognized that no existing state agency or office has the requisite expertise or ability to maintain and operate a CWF.  The state would thus need to appropriate funds to secure a contractor to operate the site on the state’s behalf.
  • Contingency Plan In response to the testimony provided by the Texas Compact Commission, the Joint Committee expressed serious concerns that a comprehensive contingency plan has yet to be developed, notwithstanding the Commission’s reservations about directing the state to take prescribed actions without input from a designated state office or agency.  While the Joint Committee recognized that the Texas Compact Commission does not have authority to access funds to implement the plan, it stated that the legislature could appropriate those funds separately, should the need arise to implement the plan.

Background

Texas and Vermont are currently members of Texas Compact for the purposes of assuring that each state is able to efficiently and safely dispose of low-level radioactive waste.  Per the terms of the Texas Compact, the State of Texas serves as the host state, meaning that Texas is responsible for providing a CWG to dispose of low-level waste generated within each state.  In exchange for serving as the host state, Texas received $25 million from Vermont.  The Texas Compact created the Texas Compact Commission whose primary responsibility is to ensure capacity at the CWF is available for the in-compact generators.

By far the largest generators of low-level waste are the nuclear power plants in each state.  There are two operational plants located in Texas and one plant in Vermont, the latter of which is expected to begin decommissioning in late 2019.  Other generators include universities and hospitals and research facilities.  The in-compact generators are represented by ARDT.

The Texas Compact creates a distinction between “in-compact waste” and “imported waste” or “non- compact waste.”  In-compact waste refers to waste generated from within the member states of Texas and Vermont.  Imported waste, or non-compact waste, is waste generated in any other state.  There are currently 34 states that are not in a compact or do not have a facility at which they can dispose of certain classes of low-level waste, namely Class B and Class C waste.

In order to satisfy Texas’ obligations under the Texas Compact, the state initially took steps to develop a CWF known as the Sierra Blanca site in Hudspeth County.  The site was ultimately unsuccessful in obtaining a license from the Texas Natural Resource Conservation Commission (TNRCC).  Subsequently, the legislature created a regulatory structure that allowed for a private operator to receive a permit to construct and operate the CWF.  WCS applied for, and was granted, a permit from the TCEQ – the regulatory agency responsible for permitting radioactive waste in Texas. WCS then financed the construction of the CWF, understanding that the state assumes legal liability for the waste buried at the CWF.

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

Holtec Requests NRC Approve Sale of Pilgrim Site by End of 2019

Seeks to Complete Decommissioning Decades Earlier

On November 16, 2018, Entergy Corporation and Holtec International, through their affiliates, asked the U.S. Nuclear Regulatory Commission (NRC) to approve the sale of the Pilgrim Nuclear Power Station to Holtec after shutdown.  According to the associated press release, doing so would allow Holtec to complete decommissioning and site restoration decades sooner than if Entergy completed decommissioning.

OverviewThe companies jointly filed a License Transfer Application, requesting approval for the transfer of the Pilgrim Nuclear Power Station, as well as its Nuclear Decommissioning Trust Fund, to Holtec after the plant permanently shuts down by June 1, 2019.  They also made detailed separate filings that lay out the process each company would use to decommission the facility.

In order to facilitate a timely transaction closing by the end of 2019, the companies have asked the NRC to approve the application by May 31, 2019.  According to the press release, doing so will benefit the community, employees and other interested constituents.

Holtec’s filings describe the plan of its subsidiary, Holtec Decommissioning International, to complete the dismantling, decontamination and remediation of Pilgrim to NRC standards within eight years of license transfer (i.e., by the end of 2027) assuming timely regulatory approvals.  According to the press release, Holtec’s process will achieve site restoration decades sooner than if Entergy retained the plant while meeting all applicable local, state and federal regulations.

Holtec estimates total costs for decommissioning Pilgrim at $1.13 billion.  As of October 31, 2018, the balance in Pilgrim’s Decommissioning Trust Fund was $1.05 billion.

Holtec has contracted with Comprehensive Decommissioning International, LLC (CDI) to perform the decommissioning, including demolition and site cleanup.  CDI is a joint venture company of Holtec International and SNC-Lavalin.  According to the press release, “The decommissioning experience held by Holtec and SNC-Lavalin gives CDI more than half a century of managing complex projects in both the commercial and government nuclear sectors worldwide.”

Project Highlights

The completion of decommissioning will result in the release of all portions of the site from the current NRC license, with the exception of the Independent Spent Fuel Storage Installation (ISFSI) – the area where spent nuclear fuel is stored in dry casks until the U.S. Department of Energy (DOE) transfers the spent fuel offsite.

As part of its plan, Holtec expects to move all spent nuclear fuel into dry casks within three years following plant shutdown.  Additionally, Holtec has a pending application with the NRC for a Consolidated Interim Storage Facility (CISF) in New Mexico, which could eventually store spent nuclear fuel from Pilgrim and other U.S. nuclear power plants.

Background

The Pilgrim Nuclear Power Station employs about 600 nuclear professionals and generates 680 megawatts of virtually carbon-free electricity, enough to power more than 600,000 homes.  Pilgrim began generating electricity in 1972.  Entergy purchased the plant in 1999 from Boston Edison.

Entergy Corporation is an integrated energy company engaged primarily in electric power production and retail distribution operations.  Entergy owns and operates power plants with approximately 30,000 megawatts of electric generating capacity, including nearly 9,000 megawatts of nuclear power.  Entergy delivers electricity to 2.9 million utility customers in Arkansas, Louisiana, Mississippi and Texas.  Entergy has annual revenues of approximately $11 billion and more than 13,000 employees.

Holtec International is a privately held energy technology company with operation centers in Florida, New Jersey, Ohio and Pennsylvania in the United States.  Globally, Holtec International has operation centers in Brazil, Dubai, India, South Africa, Spain, the United Kingdom and Ukraine.  Holtec’s principal business concentration is in the nuclear power industry.  Since the 1980s, Holtec has been densifying wet storage in nuclear plants’ spent fuel pools, which defers the need for and expense of alternative measures by as much as two decades.  Holtec has done this at over 110 reactor units in the United States and abroad.  Holtec also offers services regarding dry storage and transport of nuclear fuel.  Holtec is working to develop the world’s first below-ground CISF in New Mexico and a 160-Megawatt walk away safe small modular reactor, SMR-160.  The SMR-160 is developed to bring cost competitive carbon-free energy to all corners of the earth including water-challenged regions.  Holtec is also a major supplier of special-purpose pressure vessels and critical-service heat exchange equipment such as air-cooled condensers, steam generators, feedwater heaters and water-cooled condensers.  Virtually all products produced by Holtec are built in its three large manufacturing plants in the United States and one in India.

For additional information about the Pilgrim plant, please go to www.pilgrimpower.com.  Additional information about Entergy is available at www.entergy.com.  To learn more about Holtec International, please visit www.holtecinternational.com.  

NRC Financial Report for FY 2018 Published

On November 15, 2018, the U.S. Nuclear Regulatory Commission (NRC) released its fiscal year 2018 Agency Financial Report, which provides audited financial statements of the agency’s management of resources from October 1, 2017, through September 30, 2018.

The report documents continued reductions in the NRC’s cost of operations through reduced license fees and fees for services, as well as new efficiencies in its bill paying and collections operations.  New information technology for financial management and labor reporting has led to improved data collection, redesigned invoices and improved communications with licensees and others.

Overview

The Agency Financial Report for the NRC provides financial and summary performance information in accordance with Office of Management and Budget Circular A-136, “Financial Reporting Requirements.”

This Agency Financial Report is an account of the agency’s stewardship of its resources during fiscal year 2018, which covers the period from October 1, 2017 to September 30, 2018.  The report is organized into the following three chapters:

  • Chapter 1 — Management’s Discussion and Analysis: This chapter provides an overview of the NRC financial information and summary-level program performance information.  It includes an overview of program performance, current status of systems, internal controls, financial management and the fiscal year 2018 financial statement analysis.
  • Chapter 2 — Financial Statements and Auditors’ Report: This chapter contains details on the NRC’s finances for fiscal year 2018.  It includes a message from the Chief Financial Officer, the financial statements and accompanying notes, required supplementary information and the independent auditors’ report.
  • Chapter 3 — Other Information: This chapter provides the Office of the Inspector General’s discussion of management and performance challenges, a summary of the financial statement audit, information on payment integrity and fraud, space occupancy, a glossary of acronyms and other information.

Other Agency Reports

The following additional and related agency reports are also available on the NRC website:

  • The NRC has chosen to produce an Agency Financial Report and an Agency Performance Report. The fiscal year 2018 Agency Performance Report will accompany the NRC’s fiscal year 2020 Congressional Budget Justification and will be posted on the NRC’s Web site at https://www.nrc.gov/reading-rm/doc-collections/nuregs/staff/sr1100/ after publication of the report.
  • Performance and Accountability Reports for years before fiscal year 2017
    at http://www.nrc.gov/reading-rm/doc-collections/nuregs/staff/sr1542/.

The Agency Financial Report is available on the NRC web site at https://www.nrc.gov/docs/ML1831/ML18317A204.pdf.  

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

Southwestern Compact Commission Hosts 80th Meeting

On November 14, 2018, the Southwestern Low-Level Radioactive Waste Commission hosted its 80th meeting via teleconference beginning at 1:00 p.m. PDT.

The following topics, among others, were on the meeting agenda:

  • call to order;
  • roll call;
  • welcome and introductions;
  • statement regarding due notice of meeting;
  • election of Officers for Year 2019;
  • public comment;
  • future agenda items;
  • next meeting — under review; and,
  • adjournment.

Members of the public were invited to attend the meeting and comment on specific agenda items as the Commission considered them.  The total public comment time on each agenda item was limited to 15 minutes.  Written material was also accepted.  A 15-minute public comment period was provided near the end of the meeting at which time members of the public were invited to bring before the Commission issues relating to low-level radioactive waste but which were not on the agenda.

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

US Ecology Announces Purchase of Ecoserv Industrial Disposal

On November 14, 2018, US Ecology announced the acquisition of Ecoserv Industrial Disposal — a wholly owned subsidiary of Ecoserv and a leading provider of non-hazardous industrial wastewater disposal solutions in the Gulf Coast.

Overview

The Ecoserv Industrial Disposal facility employs deep-well injection technology and is strategically positioned within reach of key markets such as Houston and Beaumont in Texas and Lake Charles in Louisiana.  The facility serves refinery, petrochemical and environmental services customers.  Total consideration for the business and related property was $87.2 million, subject to a working capital adjustment, and will be funded from cash on hand and US Ecology’s existing credit facility.

“This acquisition adds unique, high volume industrial liquids disposal capabilities, complements other investments we’ve made in the region, and strengthens our comprehensive environmental services offerings,” commented US Ecology Chair, President and Chief Executive Officer Jeff Feeler.  “The facility, permitted for a wide variety of non-hazardous industrial waste including solids, sludges, leachate, and ammonia, offers a lower cost alternative to traditional wastewater treatment.”

The transaction closed on November 14, 2018.  It will be reported as part of the Environmental Services segment.  The transaction is expected to be accretive to earnings per share.  US Ecology expects no significant financial impact to 2018 earnings per share or Adjusted EBITDA for the six weeks of ownership in 2018 and reaffirms its previously issued 2018 earnings guidance that was disclosed in the company’s third quarter earnings release on November 1, 2018.  US Ecology expects the acquisition to contribute approximately $9.0 million to $10.0 million of Adjusted EBITDA in 2019. 

Background

US Ecology is a North American provider of environmental services to commercial and government entities.  The company addresses the complex waste management needs of its customers, offering treatment, disposal and recycling of hazardous, non-hazardous and radioactive waste, as well as a wide range of complementary field and industrial services.

“US Ecology’s focus on safety, environmental compliance and best–in-class customer service enables us to effectively meet the needs of our customers and to build long-lasting relationships,” states the company’s press release.  “US Ecology has been protecting the environment since 1952 and has operations in the United States, Canada and Mexico.”

For additional information, please contact Joe Weismann at (208) 331-8400 or at jweismann@usecology.com or go to www.usecology.com.

Utah Waste Management and Radiation Control Board Meets

On November 8, 2018, the Utah Waste Management and Radiation Control Board held an electronic meeting beginning at 1:30 p.m. MT in Salt Lake City, Utah.

The meeting, which was open to the public, was held in Conference Room 1015, Department of Environmental Quality (DEQ) Board Room, in the Multi Agency State Office Building that is located at 195 North 1950 West in Salt Lake City, Utah.

Agenda

The following items, among others, were on the agenda for the November 8, 2018 Board meeting:

  1. Call to Order
  1. Public Comment

III.    Declarations of Conflict of Interest

  1. Approval of Meeting Minutes for the October 11, 2018 Board Meeting (Board Action Item)
  1. Approval of Meeting Minutes for the October 25, 2018 Board Meeting (Board Action Item)
  1. Underground Storage Tanks Update

VII.   Administrative Rules

  1. Approval of final adoption of proposed changes to Solid Waste Rules R315-301, to add a new subsection (R315-301-7) to establish self-inspection requirements in accordance with Section 19-6-109 of the Solid and Hazardous Waste Act (Board Action Item)

VIII.  Other Business

  1. Miscellaneous Information Items
  1. Scheduling of Next Board Meeting
  1. Adjourn

Background

The Board—which is appointed by the Utah Governor with the consent of the Utah Senate—guides development of Radiation Control policy and rules in the state.

The Board holds open meetings ten times per year at locations throughout the state.  A public comment session is held at the end of each meeting.

Copies of the Utah Waste Management and Radiation Control Board meeting agendas and packet information can be found at http://www.deq.utah.gov/boards/utah-waste-management-radiation-control-board-meetings.htm.

 

For additional information, please contact Rusty Lundberg, Deputy Director of the Division of Waste Management and Radiation Control at the Utah Department of Environmental Quality, at (801) 536-4257 or at rlundberg@utah.gov.

Utah Considers Request for Mass and Concentration Limitations Exemption

On October 25, 2018, the Utah Waste Management and Radiation Control Board held a meeting beginning at 11:00 a.m. MT in Salt Lake City, Utah.  The purpose of the meeting was to address a request from EnergySolutions for an exemption from R313-25-9(5) of the Utah Administrative Code regarding mass and concentration limits.

The materials for a special Board meeting on this topic that was held on August 30, 2018, including the EnergySolutions’ letter with detailed background information and an explanation of the basis for the requested exemption, can be viewed online at https://www.utah.gov/pmn/files/423003.pdf#page=2.

Overview

By letter dated August 24, 2018, EnergySolutions petitioned the Board for an exemption from the mass and concentration limitations of UAC R313-25-9(5)(a) and (c) in connection with the disposal of Class A depleted uranium solid metal penetrators (DU Penetrators).

UAC R313-12-55(1) allows the Board to “grant exemptions or exceptions from the requirements of the rules as it determines are authorized by law and will not result in undue hazard to public health and safety or the environment,” according to the EnergySolutions’ letter.  “Solid metal depleted uranium penetrators are less hazardous and less plentiful than the depleted uranium oxides which are the basis of the UAC R313-25-9(5) restriction and an exemption is warranted in accordance with the justification herein provided,” states EnergySolutions in its letter.

As further explanation, the EnergySolutions’ letter states as follows:

The U.S. Army Joint Munitions Command (JMC), working under the direction of the Product Director for Demilitarization, is responsible for the safe and compliant disposition of munitions waste.  The JMC seeks to transport and dispose of 30 mm munitions containing solid depleted uranium metal.  The DU Penetrators will be disassembled to remove the depleted uranium metal prior to packaging for transport and disposal.  The JMC plans to disassemble between 3.5 to 7 million penetrators each year, currently in storage at the Tooele Army Depot (Tooele, Utah) and Crane Army Ammunition Activity (Crane, Indiana).  The JMC expects to transport and dispose of approximately 667 yd3 of DU Penetrator Class A waste per year for up to 4 years (a projected DU Penetrator disposal volume of 2,668 yd3).  Disposal of this volume of class A depleted uranium metal will exceed the limitations promulgated in UAC R313-25-9(a).

On August 30, 2018, the Board held an emergency meeting to review EnergySolutions’ request for an exemption from R313-25-9(5) of the Utah Administrative Code regarding mass and concentration limits.  (See LLW Notes, July/August 2018, pp. 8-9.)

Background

The Board—which is appointed by the Utah Governor with the consent of the Utah Senate—guides development of Radiation Control policy and rules in the state.  The Board holds open meetings ten times per year at locations throughout the state.  A public comment session is held at the end of each meeting.

Copies of the Utah Waste Management and Radiation Control Board meeting agendas and packet information can be found at http://www.deq.utah.gov/boards/utah-waste-management-radiation-control-board-meetings.htm. 

For additional information, please contact Rusty Lundberg, Deputy Director of the Division of Waste Management and Radiation Control at the Utah Department of Environmental Quality, at (801) 536-4257 or at rlundberg@utah.gov.

GTCC Draft Regulatory Basis Decoupled from Part 61 Rulemaking

On October 23, 2018, a Staff Requirements Memorandum (SRM) was issued that directs U.S. Nuclear Regulatory Commission (NRC) staff to “decouple to the extent practicable the issuance of the draft Regulatory Basis directed in SRM-SECY-15-0094, ‘Historical and Current Issues Related to Disposal of Greater-than-Class C Low-Level Radioactive Waste,’ from Commission action on Part 61.”

The SRM states, “This decoupling would allow for earlier public engagement on staff’s analysis of any potential regulatory barriers to the disposal of Greater-than-Class C waste.”  The SRM was issued following a staff briefing for the Commission on topics associated with the decommissioning and low-level radioactive waste, as well as spent fuel storage and transportation business lines.

Overview

In SRM–SECY–15–0094, which was issued on December 22, 2015, the Commission directed the NRC staff to develop a regulatory basis for disposal of Greater-than-Class C (GTCC) and transuranic waste through means other than a deep geologic disposal (including near surface disposal) within six months of the completion of the final rule for Part 61 of title 10 of the Code of Federal Regulations, “Low-Level Radioactive Waste Disposal.”  (See LLW Notes, January/February 2017, p. 26.)  The Commission also directed the staff to conduct a public workshop during the development of the regulatory basis to receive input from stakeholders.  On September 8, 2017, in SRM–SECY–16–0106, “Final Rule: Low- Level Radioactive Waste Disposal,” the Commission revised its earlier directions regarding the development of the GTCC and transuranic waste regulatory basis.  (See LLW Notes, September/October 2017, pp. 1, 21-23.)  Specifically, the Commission directed the staff to develop the regulatory basis six months after the publication of the supplemental proposed rule for the 10 CFR Part 61 rulemaking.

The NRC staff is in the initial phase
of implementing the Commission’s directions in SRM–SECY–15–0094 and SRM–SECY–16–0106.  Accordingly, on February 14, 2018, NRC issued a Federal Register notice announcing that the agency is seeking stakeholder participation and involvement in identifying the various technical issues that should be considered in the development of a regulatory basis for the disposal of GTCC and transuranic radioactive waste through means other than a deep geologic disposal, including near surface disposal.  (See 83 Federal Register 6,475 dated February 14, 2018.)

According to the NRC, “[t]he process of potentially amending the NRC’s regulations is very thoughtful and deliberative because it can have significant impacts on members of the public, [s]tates, licensees and other stakeholders.”  The regulatory basis describes the various scientific, technical and legal issues associated with a potential rulemaking.  Therefore, as a part of the initial steps in implementing the Commission’s directions, the staff held a public meeting with stakeholders on February 22, 2018 to identify the various technical issues that should be considered in the development of a regulatory basis for the disposal of GTCC and transuranic waste.  The staff also requested that stakeholders respond to specific listed questions contained in the Federal Register notice that was issued on February 14, 2018.  Stakeholder comments were accepted through April 16, 2018.  (See LLW Notes, January/February 2018, pp. 29-33.)

When this initial phase is completed, staff plans to develop a regulatory basis, which will be provided for public review.  Staff plans to hold public meetings on the draft regulatory basis as well.  Once all of the foregoing is completed, the staff will develop a final regulatory basis.

Background

The NRC’s “Licensing Requirements for Land Disposal of Radioactive Waste” are provided in 10 CFR Part 61.  Section 10 CFR 61.2, “Definitions,” provides that waste as used in Part 61 means those low-level radioactive wastes containing source, special nuclear or byproduct material that are acceptable for disposal in a land disposal facility.  The definition also indicates that low- level radioactive waste means radioactive waste not classified as high-level radioactive waste, transuranic waste, spent nuclear fuel or byproduct material as defined in paragraphs (2), (3), and (4) of the definition of byproduct material in § 20.1003.

The Statements of Consideration (SOC) for the 10 CFR Part 61 proposed rule explained that not all waste may be suitable for disposal in the near surface.  Specifically, Section IV, “Purpose and Scope,” of the SOC indicates that, while 10 CFR Part 61 was intended to deal with the disposal of most low-level radioactive waste defined by the Low-Level Radioactive Waste Policy Act, the 10 CFR Part 61 waste classification system identified some low-level radioactive wastes that are not suitable for disposal under its regulatory framework, and alternative methods would have to be used.

In § 61.55, “Waste classification,” the NRC developed a classification system for waste for near surface disposal, which categorizes waste as Class A, B or C.  This provision also describes waste that is not generally acceptable for near-surface disposal, whose disposal methods must be more stringent than those specified for Class C waste.  This waste is referred to as GTCC waste.

Nuclear power reactors, facilities supporting the nuclear fuel cycle and other facilities and licensees outside of the nuclear fuel cycle generate the GTCC waste.  This class of wastes include:

  • plutonium- contaminated nuclear fuel cycle wastes;
  • activated metals;
  • sealed sources; and,
  • radioisotope product manufacturing wastes – i.e., wastes “occasionally generated as part of manufacture of sealed sources, radiopharmaceutical products and other materials used for industrial, education, and medical applications.”

Transuranic waste is not included in the § 61.2 definition of low-level radioactive waste.  In a 1988 amendment to the Atomic Energy Act of 1954, as amended, a definition for transuranic was added.  Transuranic waste is defined as “material contaminated with elements that have an atomic number greater than 92, including neptunium, plutonium, americium, and curium, and that are in concentrations greater than 10 nanocuries per gram [(nCi/g)], or in such other concentrations as the [U.S.] Nuclear Regulatory Commission may prescribe to protect the public health and safety.”  Transuranic waste is a byproduct of nuclear research and power production and is primarily produced from spent fuel recycling, medical isotope production or nuclear weapons fabrication.  The waste may consist of rags, tools and laboratory equipment contaminated with organic and inorganic residues.

The identification and evaluation of regulatory concerns associated with land disposal of GTCC and transuranic waste will largely depend on the characteristics of the wastes – i.e., isotopes; concentrations and volumes of waste; and, physical and chemical properties.  The variable characteristics of the waste can influence the decision regarding the appropriate regulatory approach to use for management and disposal of these wastes.  Overly conservative assumptions for the inventory and characteristics could significantly limit disposal options, whereas, overly optimistic assumptions with respect to characteristics could lead to a disposal facility that may not provide adequate protection of public health and safety and security.

For additional information, please contact Cardelia Maupin of the NRC’s Office of Nuclear Material Safety and Safeguards (NMSS) at (301) 415–4127 or at Cardelia.Maupin@nrc.gov.

Comment Period Extended re Proposed Texas Interim Storage Facility

On October 19, 2018, the U.S. Nuclear Regulatory Commission (NRC) announced that the agency has extended the public comment period on the scope of its environmental review of an application by Interim Storage Partners to construct and operate a Consolidated Interim Storage Facility (CISF) for spent nuclear fuel in Andrews County, Texas.  The new deadline for comment is November 19, 2018.

The extension was announced at 83 Federal Register 53,115 (October 19, 2018).

Project History

Waste Control Specialists (WCS) initially filed the application in April 2016.  However, in April 2017, WCS requested that the NRC suspend its review pending the anticipated sale of the company. In January 2018, WCS was sold to J.F. Lehman & Co.  In March 2018, WCS and international nuclear supplier Orano formed Interim Storage Partners as a joint venture to take over the spent fuel storage project.  The new company submitted a revised application to the NRC in June 2018.

When NRC’s review was suspended last year, the staff was in the process of receiving public comment on the scope of its environmental review and had issued a notice of opportunity for an adjudicatory hearing.  (See LLW Notes, January/February 2017, pp. 18-19.)  According to NRC’s press release, those processes will now resume.  The staff will consider all comments previously received on the scope of the environmental review.

Review Process

The NRC completed its administrative review of the revised application and informed Interim Storage Partners of its decision to resume the review in a letter dated August 21, 2018.  The staff expects to complete its safety, security and environmental reviews in the summer of 2020.

On September 4, 2018, the NRC published a notice in the Federal Register requesting additional public comment on environmental issues to be considered in its environmental impact statement.  (See 83 Federal Register 44, 922.)  Comments will be accepted through October 19, 2018.

In a separate notice that was published in the Federal Register on August 29, 2018 – and then subsequently corrected in a Federal Register notice that was published on August 31, 2019 – the NRC announced an opportunity to request a hearing through October 29, 2018.  The notices include detailed instructions on how to file a hearing request or submit public comment.

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 requested 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 David McIntyre of the NRC at (301) 415-8200.

The 2018 Radiation Source Protection and Security Task Force Report

In October 2018, The 2018 Radiation Source Protection and Security Task Force Report (2018 Task Force Report) was submitted to the President and the U.S. Congress by the Chair of the U.S. Nuclear Regulatory Commission (NRC) as required under Public Law 109-58, The Energy Policy Act of 2005 (Energy Policy Act).

Overview

Like the reports that precede it, the 2018 Task Force Report includes a discussion of accomplishments of the Interagency Task Force on Radiation Source Protection and Security (Task Force) and its member agencies over the past four years, as well as the status of actions underway by the Task Force to provide further assurance of the security of sources in all stages of their life cycle.

In preparation for this report, the Task Force evaluated the specific topics identified in the Energy Policy Act, including the list of radioactive sources that warrant enhanced protection; mechanisms for the safe storage and ultimate disposal of radioactive sources; transportation security; source tracking; import and export; and, ways to facilitate the use of alternative technologies to replace radioactive sources, as appropriate.  Based on its evaluation, the Task Force concluded that there are no significant gaps in the area of radioactive source protection and security that are not already being addressed through continued attention by appropriate Task Force agencies. Nonetheless, the Task Force remains engaged in activities to address ongoing challenges involving end-of-life management of risk-significant sources.

During this report cycle, the Task Force completed four recommendations from previous reports, which leaves only seven ongoing recommendations from the 2006, 2010, and 2014 reports.  In addition, the Task Force stated that it has completed several important accomplishments over the course of the past 4 years.  These include:

  • The U.S. Department of Energy (DOE) completed the “Final Environmental Impact Statement for the Disposal of Greater-Than-Class-C Low-Level Radioactive Waste and GTCC-Like Waste” (Final EIS) and submitted the Report to Congress identifying and describing the alternatives under consideration for the disposal of Greater-than-Class-C (GTCC) low-level radioactive waste, as required by Section 631 of the Energy Policy Act.  Although the Final EIS and Report to Congress do not constitute a final decision on disposal of GTCC low-level radioactive waste, their completion represents a major accomplishment in progress toward establishing a disposal pathway for certain risk-significant radioactive sources.
  • The NRC issued certificates of compliance to DOE’s National Nuclear Security Administration (NNSA) for two new transportation packages — the Model 435-B container in 2014 and the Model 380-B container in 2017.  Together, the new containers will help to enable shipment of nearly all commercially used devices containing high-activity cobalt-60 and cesium-137 radioactive sealed sources.
  • The National Science and Technology Council (NSTC) Interagency Working Group on Alternatives to High-Activity Radioactive Sources completed its best practices guide for federal agencies.  The guide provides measures that federal agencies can consider to facilitate the transition to alternative technologies in their long-term strategic planning in a way that meets technical, operational and cost requirements.
  • The United States continued to elevate the international radioactive source safety and security framework.  For example, the U.S. continues to support International Atomic Energy Agency (IAEA) efforts to encourage member states to make a political commitment to act in accordance with the IAEA “Guidance on the Import and Export of Radioactive Sources” that was issued in March 2005 and updated in May 2012.  In addition, the U.S. was instrumental in finalizing supplementary guidance to the IAEA Code of Conduct on the Safety and Security of Radioactive Sources, “Guidance on the Management of Disused Radioactive Sources,” which was issued in April 2018.

The Task Force continues to focus on actions to advance end-of-life management for risk- significant radioactive sources through efforts to establish expanded disposal capability and to identify opportunities to leverage best practices for the management of sources once they become disused.  The Task Force also continues to focus on efforts to advance the research, development and use of alternative technologies to replace radioactive sources, as appropriate, as well as to coordinate strategies to enhance the protection of radioactive sources from potential cyber security threats.  These actions will provide an enhanced level of protection and security for risk-significant sources, beyond the regulations currently in place.

Conclusion

During this report cycle, the 2018 Task Force completed four of the 11 recommendations and actions that remained in process at the start of this reporting period and concluded that there are no significant gaps in radioactive source protection and security that are not already being addressed.  However, the Task Force continues to focus on end-of-life management of risk-significant sources.  The Task Force will continue to advance its efforts to complete the remaining seven recommendations and actions and will coordinate routinely to identify and mitigate any gaps in source protection and security that may emerge in the future.

Consistent with the Energy Policy Act, the Task Force has continued its efforts to evaluate the security of radioactive sources and make related recommendations to the President and Congress.  The 2018 Task Force Report states that the Task Force has made substantial progress since the events of September 11, 2001 to enhance the protection of radioactive sources from terrorist threats and concludes that the United States is well positioned to continue to protect public health and safety and promote the common defense and security through the existing missions and activities of Task Force member agencies.

Background

The Energy Policy Act of 2005 established the Task Force to evaluate and provide recommendations to the President and Congress relating to the security of radioactive sources in the United States from potential terrorist threats.  These threats include acts of sabotage, theft or use of a radioactive source in a radiological dispersal device or radiation exposure device.  The Task Force presented its initial report to the President and Congress in 2006 and has continued to provide reports every four years consistent with the Energy Policy Act of 2005.

Fourteen federal agencies and one industry organization participate on the Task Force.  Members of the Task Force as mandated by the Energy Policy Act include the NRC Chair, Secretary of Homeland Security, Secretary of Defense, Secretary of Energy, Secretary of Transportation, Attorney General, Secretary of State, Director of National Intelligence, Director of the Central Intelligence Agency, Administrator of the Federal Emergency Management Agency (FEMA), Director of the Federal Bureau of Investigations (FBI) and Administrator of the U.S. Environmental Protection Agency (EPA).  Other invited departments, offices and organizations include the U.S. Department of Health and Human Services, Office of Science and Technology Policy and Organization of Agreement States (OAS) — the latter of which is a non-voting member.

The 2018 Task Force report is divided into three chapters that detail advances in the security and control of radioactive sources; the status of the recovery and disposition of radioactive sealed sources; and, progress in the area of alternative technologies. The 2018 Task Force Report states that, collectively, these chapters substantiate the Task Force’s conclusion that substantial progress has been made since the events of September 11, 2001 to enhance the protection of radioactive sources from terrorist threats, as well as that there are no significant gaps in the area of radioactive source protection and security that are not already being addressed through continued attention by the appropriate Task Force agencies.

In September 2011, at the request of the NNSA/GTRI, the Low-Level Radioactive Waste Forum (LLW Forum) Forum formed the Disused Sources Working Group (DSWG).  The working group, which was comprised of eight Directors of the LLW Forum, solicited input from a broad range of stakeholders at 19 meetings over a 30-month period.  In March 2014, the DSWG released its report identifying findings and recommendations related to the management and disposition of disused sealed sources that pose a threat to national security.

A PDF copy of the Low-Level Radioactive Waste Forum’s Disused Sources Working Group report may be downloaded and printed from the organization’s web site at www.llwforum.org or the National Directory of Brokers and Processors web site at www.bpdirectory.com.

Background information on the Radiation Source Protection and Security Task Force report, as well as links to the 2006 and 2010 reports, can be found on the NRC’s web site at http://www.nrc.gov/security/byproduct/task-force.html.

NRC Approves License Transfer for Vermont Yankee

On October 12, 2018, the U.S. Nuclear Regulatory Commission (NRC) announced that the agency has issued an Order approving the transfer of the operating license for the Vermont Yankee nuclear power plant from Entergy Nuclear Operations, Inc. (Entergy) to NorthStar Nuclear Decommissioning Company, LLC (NorthStar NDC).

Entergy requested the transfer to NorthStar NDC to decommission the plant, which ceased operations in December 2014.

Overview

Based on its review, the NRC confirmed that NorthStar NDC met the regulatory, legal, technical and financial requirements necessary to qualify them as a licensee.  The NRC also determined that the transfer is consistent with law and NRC regulations, as well as that the transfer can be conducted without endangering the health and safety of the public and will not be inimical to the common defense and security.

The NRC Order approving the transfer was issued on October 11, 2018.  The Order and other documents related to the license transfer review are available in the NRC’s ADAMS online database at ML18242A638.

Conditions

Based on the staff’s review, NRC approved the application for transfer of the licenses for the Vermont Yankee nuclear power plant subject to the following conditions:

  • prior to the closing of the license transfer, NorthStar NDC and NorthStar Vermont Yankee, LLC (NorthStar VY) shall provide the Directors of NRC’s Office of Nuclear Material Safety and Safeguards (NMSS) and Office of Nuclear Reactor Regulation (NRR) satisfactory documentary evidence that they have obtained the appropriate amount of insurance required of a licensee under 10 CFR 140.11(a)(4) and 10 CFR 50.54(w) of the Commission’s regulations, consistent with the exemptions issued to Vermont Yankee on April 15, 2016;
  • NorthStar VY and NorthStar NDC shall take no action to cause NorthStar Group Services, Inc. to void, cancel or modify the $140 million support agreement to provide funding for Vermont Yankee as represented in the application without prior written consent of the NRR Director; and,
  • NorthStar VY shall obtain a performance bond if a settlement agreement with the U.S. Department of Energy (DOE) on federal reimbursements for spent fuel management expenses is not entered into by January 1, 2022.

The performance bond will be effective January 1, 2022 initially in the amount of $4.3 million and it will be renewed annually.  This amount covers the annual amount of Independent Spent Fuel Storage Installation (ISFSI) operation and maintenance costs projected for 2022-2024.  If a settlement is not reached by January 1, 2024, this amount will be increased to $9.3 million, which covers the annual amount of ISFSI operation and maintenance costs projected for years after 2024.

Background

The plant is currently owned by Entergy Nuclear Vermont Yankee (Entergy VY) and operated by Entergy Nuclear Operations (Entergy NO), both of which are listed on the license.  Entergy and NorthStar NDC requested the license transfer by letter dated February 9, 2017.  According to the request, the new owner will be NorthStar VY and the operator in charge of dismantling the plant will be NorthStar NDC.  The transfer includes the plant’s dry cask spent nuclear fuel storage facility.

In particular, the applicants requested the NRC consent to the direct transfer of Entergy NO’s currently licensed authority (licensed operator for decommissioning) to NorthStar NDC.  In addition, the applicants requested the indirect transfer of control (ownership) of Entergy VY’s facility licenses to NorthStar Decommissioning Holdings, LLC (NorthStar DH) and its parents NorthStar Group Services, Inc. (NorthStar GS), LVI Parent Corp. (LVI) and NorthStar Group Holdings, LLC ( NorthStar GH).

The applicants also requested that the NRC consent to the transfer of the licensed possession, maintenance and decommissioning authorities to NorthStar NDC in order to implement expedited decommissioning at Vermont Yankee.  In addition, the applicants requested approval of a conforming amendment to the license pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 50.80, “Transfer of licenses,” and 10 CFR 50.90, “Application for amendment of license, construction permit, or early site permit.”

Notice of the application was published at 82 Federal Register 23,845 as dated on May 24, 2017.  The supplemental information letters contained clarifying information, did not expand the application beyond the scope of the original notice and did not affect the applicability of the NRC’s no significant hazards consideration determination.

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

Utah Waste Management and Radiation Control Board Meets

On October 11, 2018, the Utah Waste Management and Radiation Control Board (Board) held a regularly scheduled meeting in Salt Lake City, Utah.  The meeting was open to the public.

The following items, among others, were on the agenda for the Board meeting:

  1. Approval of Meeting Minutes for the September 13, 2018 Board Meeting (Board Action Item)
  1. Procedures for Public Comment

III.    Conflict of Interest

  1. Underground Storage Tanks Update
  1. 2018 PST Trust Fund Actuarial Report
  1. Administrative Rules
  1. Approval to proceed with formal rulemaking and public comment on proposed changes to Hazardous Waste Rules UAC R315-273, Standards for Universal Waste Management (Board Action Item)
  1. Approval to proceed with formal rulemaking and public comment on proposed changes to Radiation Control Rules UAC R313-28, Use of X-Rays in the Healing Arts (Board Action Item)

VII.   Break

VIII.  Low-Level Radioactive Waste Section

  1. Presentation on R313-25-9(5)(a) (Informational Item Only)
  1. Public Comment
  1. Other Business
  1. Miscellaneous Information Items
  1. Scheduling of Next Board Meeting
  1. Adjourn

The Board — which is appointed by the Utah Governor with the consent of the Utah Senate — guides development of Radiation Control policy and rules in the state.  The Board holds open meetings ten times per year at locations throughout the state.  A public comment session is held at the end of each meeting.

Copies of the Utah Waste Management and Radiation Control Board meeting agendas and packet information can be found at http://www.deq.utah.gov/boards/waste/meetings.htm.  

For additional information, please contact Rusty Lundberg, Deputy Director of the Division of Waste Management and Radiation Control at the Utah Department of Environmental Quality, at (801) 536-4257 or at rlundberg@utah.gov.

Texas Compact Commission Holds October 2018 Meeting

On October 11, 2018, the Texas Low-Level Radioactive Waste Disposal Compact Commission (Texas Compact Commission) held a regularly scheduled meeting in Manchester, Vermont.  Interested stakeholders were able to participate on the campus of the Texas Commission on Environmental Quality (TCEQ) in Austin, Texas.  No member of the Commission was present at the Austin location.

The following items were on the agenda for the Texas Compact Commission meeting:

  • 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 Duke Brunswick, Dale Brunswick IH, Exelon, Southern Nuclear Company – Vogtle, Arizona Public Service, Tennessee Valley Authority and Tennessee Valley Authority IH;
  • consideration of and possible action on an application for exportation of low-level radioactive waste from UT HSC – Ameriphysics;
  • consideration of and possible action on amendments to an existing agreement with Entergy Grand Gulf;
  • 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 Compact Commission;
  • report from Commissioner Morris, Chair on 31 TAC §675.24 relating to Requirement to Report on the Importation of Certain Low-Level Radioactive Waste for Management or Disposal that is not Required to be Disposed of in the Compact Facility;
  • discussion and possible action on the adoption of an amendment or amendments to the Commission’s Bylaws authorizing the reimbursement of members of the Commission and staff for reasonable and appropriate gratuities with limitations and guidelines for such reimbursements;
  • discussion and possible action relating to long term planning and actions of the Commission relating to fiscal matters, staff roles, public reporting concerning low-level radioactive waste imported in to the compact states and methods and requirements for such data collection;
  • discussion of a Contingency Plan for the Compact Facility;
  • receive report from Chair on Texas Compact Commission activities including an update on fiscal matters to be taken by the compact, H.B. 2662 Legislative Committee meeting and addressing personnel matters;
  • report from Leigh Ing, Executive Director of the Texas Compact Commission, on her activities relating to Texas Compact Commission operations including change in office location, industry conferences and Texas Compact Commission Annual Report;
  • discussion and possible changes of dates and locations of future Texas Compact Commission meetings in 2018 and 2019; 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

DOE Seeks Public Comment re Interpretation of High-Level Radioactive Waste

On October 10, 2018, the U.S. Department of Energy (DOE or Department) issued a Federal Register notice seeking public comment on the Department’s interpretation of the definition of the statutory term “high-level radioactive waste” (HLW) as set forth in the Atomic Energy Act of 1954 and the Nuclear Waste Policy Act of 1982.

DOE interprets the term “high-level radioactive waste,” as stated in the Atomic Energy Act of 1954 as amended (AEA) and the Nuclear Waste Policy Act of 1982 as amended (NWPA), in a manner that defines DOE reprocessing wastes to be classified as either HLW or non-HLW based on the radiological characteristics of the waste and their ability to meet appropriate disposal facility requirements.  The basis for DOE’s interpretation comes from the AEA and NWPA definition of HLW:

  1. the highly radioactive material resulting from the reprocessing of spent nuclear fuel, including liquid waste produced directly in reprocessing and any solid material derived from such liquid waste that contains fission products in sufficient concentrations; and,
  1. other highly radioactive material that the Commission, consistent with existing law, determines by rule requires permanent isolation.

In paragraph A, according to the Federal Register notice, Congress limited HLW to those materials that are both “highly radioactive” and “resulting from the reprocessing of spent nuclear fuel.”  Reprocessing generates liquid wastes, with the first cycle of reprocessing operations containing the majority of the fission products and transuranic elements removed from the spent nuclear fuel (SNF).  Thus, in paragraph A, Congress distinguished HLW with regard to its form as both “liquid waste produced directly in reprocessing” and “any solid material derived from such liquid waste that contains fission products in sufficient concentrations,” states the Federal Register notice.

In paragraph B, Congress defined HLW also to include “other highly radioactive material” that the U.S. Nuclear Regulatory Commission (NRC) determines by rule “requires permanent isolation,” continues the Federal Register notice.  HLW under paragraph B includes highly radioactive material regardless of whether the waste is from reprocessing or some other activity.  Further, under paragraph B, classification of material as HLW is based on its radiological characteristics and whether the material requires permanent isolation, states the Federal Register notice.

According to the Federal Register notice, the common element of these statutory paragraphs defining HLW is the requirement and recognition that the waste be “highly radioactive.”  Additionally, both paragraphs reflect a primary purpose of the NWPA, which is to define those materials for which disposal in a deep geologic repository is the only method that would provide reasonable assurance that the public and the environment will be adequately protected from the radiological hazards the materials pose.

The terms “highly radioactive” and “sufficient concentrations” are not defined in the AEA or the NWPA.  By providing in paragraph A that liquid reprocessing waste is HLW only if it is “highly radioactive” and that solid waste derived from liquid reprocessing waste is HLW only if it is “highly radioactive” and contains fission products in “sufficient concentrations” without further defining these standards, the Federal Register notice asserts that Congress left it to DOE to determine when these standards are met.  Given Congress’ intent that not all reprocessing waste is HLW, the Federal Register notice states that it is appropriate for DOE to use its expertise to interpret the definition of HLW, consistent with proper statutory construction, to distinguish waste that is non-HLW from waste that is HLW.

The DOE interpretation is informed by the radiological characteristics of reprocessing waste and whether the waste can be disposed of safely in a facility other than a deep geologic repository.  The Federal Register notice explains that this interpretation is based upon the principles of the NRC’s regulatory structure for the disposal of low-level radioactive wastes.

In its regulations, NRC has identified four classes of low-level radioactive waste (LLW) — Class A, B or C — for which near-surface disposal is safe for public health and the environment, as well as Greater-than-Class C (GTCC) low-level radioactive waste for which near-surface disposal may be safe for public health and the environment.  This waste classification regime is based on the concentration levels of a combination of specified short-lived and long-lived radionuclides in a waste stream, with Class C LLW having the highest concentration levels.  Waste that exceeds the Class C levels is evaluated on a case-specific basis to determine whether it requires disposal in a deep geologic repository or whether an alternative disposal facility can be demonstrated to provide safe disposal.  According to the Federal Register notice, the need for disposal in a deep geologic repository results from a combination of two radiological characteristics of the waste:  (1) high activity radionuclides, including fission products, which generate high levels of radiation; and, (2) long-lived radionuclides which, if not properly disposed of, would present a risk to human health and the environment for hundreds of thousands of years.

Because the NRC has long-standing regulations that set concentration limits for radionuclides in waste that is acceptable for near-surface disposal, the Federal Register notice contends that it is reasonable to interpret “highly radioactive” to mean, at a minimum, radionuclide concentrations greater than the Class C limits.  Reprocessing waste that does not exceed the Class C limits is non-HLW.

DOE interprets “sufficient concentrations” in the statutory context in which the definition was enacted, which is focused on protecting the public and the environment from the hazards posed by nuclear waste.  In addition to the characteristics of the waste itself, the risk that reprocessing waste poses to human health and the environment depends on the physical characteristics of the disposal facility and that facility’s ability to safely isolate the waste from the human environment.  Relevant characteristics of a disposal facility may include the depth of disposal; use of engineered barriers; and, geologic, hydrologic and geochemical features of the site.  Taking these considerations into account, the Federal Register notice states that it is reasonable to interpret “sufficient concentrations” to mean concentrations of fission products in combination with long-lived radionuclides that would require disposal in a deep geologic repository.

Accordingly, under DOE’s interpretation, solid waste that exceeds the NRC’s Class C limits would be subject to detailed characterization and technical analysis of the radiological characteristics of the waste.  This, combined with the physical characteristics of a specific disposal facility and the method of disposal, would determine whether the facility could meet its performance objectives and if the waste can be disposed of safely.  The waste characterization and analysis process would govern this approach, as well as the performance objectives for the disposal facility established by the applicable regulator, to ensure that it is protective of human health and the environment.

The DOE interpretation does not require the removal of key radionuclides to the maximum extent that is technically and economically practical before DOE can define waste as non-HLW.  According to the Federal Register notice, nothing in the statutory text of the AEA or the NWPA requires that radionuclides be removed to the maximum extent technically and economically practical prior to determining whether waste is HLW.  DOE has determined that the removal of radionuclides from waste that already meets existing legal and technical requirements for safe transportation and disposal is unnecessary and inefficient, as well as does not benefit human health or the environment.  To the contrary, the Federal Register notice states that it potentially presents a greater risk to human health and the environment because it prolongs the temporary storage of waste.

Therefore, under DOE’s interpretation, waste resulting from the reprocessing of SNF is non-HLW if the waste:

  1. does not exceed concentration limits for Class C low-level radioactive waste as set out in section 61.55 of title 10, Code of Federal Regulations; or,
  1. does not require disposal in a deep geologic repository and meets the performance objectives of a disposal facility as demonstrated through a performance assessment conducted in accordance with applicable regulatory requirements.

Reprocessing waste meeting either I or II of the above is non-HLW.  Therefore, according to the Federal Register notice, such waste may be classified and disposed in accordance with its radiological characteristics in an appropriate facility provided all applicable requirements of the disposal facility are met. 

For additional information, see 83 Federal Register 50,909 (October 10, 2018).  Interested stakeholders may also contact Theresa Kliczewski at HLWnotice@em.doe.gov or at (202) 586-3301.

APR1400 Reactor Receives Final SER and Standard Design Approval

On October 5, 2018, the U.S. Nuclear Regulatory Commission issued a final safety evaluation report and standard design approval for Korea Electric Power Corporation and Korea Hydro & Nuclear Power’s Advanced Power Reactor 1400 (APR1400).  The approval, which indicates the NRC finds the design technically acceptable but does not fully certify the design, is valid for 15 years.  Separately, the NRC is preparing a rulemaking to fully certify the design for use in the United States.

Background

On December 23, 2014, both companies submitted an application to certify the APR1400 for use in the United States.  The design, as approved, would produce approximately 1,400 megawatts of electricity.  The APR1400 features enhanced systems to safely shut down the reactor or mitigate the effects of an accident.

Next Steps

Neither a standard design approval nor design certification grant permission to build or operate a reactor.  Full certification, if granted by the Commission following the staff’s recommendation, is valid for 15 years and allows a utility to reference the design when applying for a Combined License to build and operate a nuclear power plant.

Other Reactor Designs

The NRC has certified five other designs: the Advanced Boiling Water Reactor, System 80+, AP600, AP1000 and the Economic Simplified Boiling Water Reactor.  The staff is reviewing applications to certify two other designs: the U.S. Advanced Pressurized Water Reactor and the NuScale small modular reactor.  The staff is also reviewing an application to renew the ABWR certification.

Additional information about the APR1400 design review is available on the NRC’s web site at www.nrc.gov.  For additional information, please contact Scott Burnell of the NRC at (301) 415-8200.

Southwestern Compact Commission Hosts 79th Meeting

On October 5, 2018, the Southwestern Low-Level Radioactive Waste Commission hosted its 79th meeting beginning in Sacramento, California.

The following topics, among others, were on the meeting agenda:

  • call to order — moment of silence in honor of former Chair Aubrey Godwin;
  • roll call;
  • welcome and introductions;
  • statement regarding due notice of meeting;
  • reports, status and/or activity;
    • Commission Chair;
    • Executive Director;
    • licensing agency;
    • license designee; and,
    • party states;
  • updates of decommissioning — San Onofre Nuclear Generating Station (SONGS);
  • exportation actions and reports;
    • ratification of approved petitions E18-104-135 and WCS18-044-085;
    • amend “Policy of the Southwestern Low-Level Radioactive Waste Commission Regarding Exportation of Various Low-Level Radioactive Waste Streams” to extend effective date;
    • amend “Requirements for Exportation Petitions for Low-Level Radioactive Waste Disposal” to extend effective date; and,
    • approve new petitions forms and dates;
  • update and action on Low-Level Radioactive Waste Forum (LLW Forum) and Commissioners report on activities;
  • review, discuss and action regarding transition of legal counsel, bylaws, current forms, resolutions and agreements;
  • legal review, action for Commissioner appointments;
  • financial audit report by Miers & Miers;
  • Executive Session pursuant to CA Gov. Code §11126(a)(1) to discuss staff performance evaluations;
  • review and approve Counsel’s contracts;
  • Annual Governor’s Report review and approve;
  • discuss and amend potential changes to fiscal year 2018-19 budget;
  • approve fiscal year 2019-20 budget;
  • adopt fee schedule – discussion/action;
  • public comment;
  • election of officers;
  • future agenda items;
  • next meeting – potential tour of Waste Control Specialists (WCS); and,
  • adjournment.

 

Members of the public were invited to attend the meeting and comment on specific agenda items as the Commission considered them.  The total public comment time on each agenda item was limited to 15 minutes.  Written material was also accepted.  A 15-minute public comment period was provided near the end of the meeting at which time members of the public were invited to bring before the Commission issues relating to low-level radioactive waste but which were not on the agenda.

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

Utah Issues Notice of Rulemaking Actions

On October 1, 2018, Utah Division of Waste Management and Radiation Control published formal notice in the Utah State Bulletin of various actions taken by the Utah Waste Management and Radiation Control Board at its meeting on September 13, 2018.

Proposed Rule Amendments Open for Public Comment

The Board approved the proceeding with formal rulemaking and public comment to add a new section to R315-301 to establish the requirements for conducting a self-inspection of a solid waste management facility.  The comment period ran from October 1-31, 2018.

During the 2018 General Session of the Legislature, H.B. 373, Waste Management Amendments, was enacted and subsequently signed by the governor.  H.B. 373 amended Section 19-6-109 of the Solid and Hazardous Waste Act to allow an owner or operator of a solid waste management facility the option of performing self-inspections of the owner or operator’s facility.  The proposed rule changes set the requirements associated with an owner or operator performing a self-inspection.  The proposed rule changes also incorporate the use of electronic information management, as envisioned by H.B. 373.

Final Adoption of Rule Changes 

The Board approved final adoption of changes to the Used Oil Rules R315-15-16, Grants, to provide additional clarity and more detailed direction to the grant application, issuance, implementation and reimbursement processes.  The effective date of the rule change was September 14, 2018.

The Board also approved final adoption of changes to the Hazardous Waste Rules R315-260, Hazardous Waste Management System, and R315-261, General Requirements – Identification and Listing of Hazardous Waste, to incorporate federal regulatory changes promulgated by the U.S. Environmental Protection Agency (EPA) and published at 83 Federal Register 24,664 on May 30, 2018.  The effective date of the rule change was September 14, 2018.

For additional information on the above rulemaking actions, please visit the Division website at www.deq.utah.gov or the Office of Administrative Rules website at www.rules.utah.gov for the October 1, 2018 issue of the Utah State Bulletin.

For additional information, please contact Don Verbica at (801) 536-0206 or at dverbica@utah.gov or Rusty Lundberg at (801) 536-4257 or at rlundberg@utah.gov.  

Wyoming Becomes NRC’s 38th Agreement State

On September 25, 2018, the U.S. Nuclear Regulatory Commission (NRC) announced that the agency has entered into an agreement with the State of Wyoming to transfer regulatory authority to the state over certain radioactive materials.  With this action, Wyoming becomes the 38th state to sign such an agreement with the NRC.  Wyoming Governor Matthew Mead and NRC Chair Kristine Svinicki signed the agreement in Cheyenne.

Overview

With the agreement, the NRC transfers to Wyoming the responsibility for licensing, rulemaking, inspection and enforcement activities necessary to regulate source material involved in uranium or thorium milling and the management and disposal of milling waste, or mill tailings.  Fourteen uranium recovery licenses will be transferred to Wyoming’s jurisdiction.  The NRC retains jurisdiction over any commercial nuclear power plants (there currently are none in Wyoming), federal agencies using certain radioactive materials in the state and uses of radioactive material other than uranium and thorium milling activities.  Before entering into the agreement, the NRC determined that Wyoming’s radiation control program is adequate to protect public health and safety and is compatible with NRC regulations.

Background

Thirty-seven other states have signed similar agreements with the NRC.  They include Alabama, Arizona, Arkansas, California, Colorado, Florida, Georgia, Illinois, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Minnesota, Mississippi, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Utah, Virginia, Washington and Wisconsin. 

Copies of the agreement, the Governor’s request/supporting documents, public comments and the NRC staff assessment are available on the NRC website at www.nrc.gov.  For additional information, please contact David McIntyre at (301) 415-8200.

EnergySolutions Requests Exemption from Mass and Concentration Limitations

On August 30, 2018, the Utah Waste Management and Radiation Control Board held an emergency meeting beginning at 10:00 a.m. MT in Salt Lake City, Utah.  The purpose of the meeting was to review a request from EnergySolutions for an exemption from R313-25-9(5) of the Utah Administrative Code regarding mass and concentration limits.

The materials for the emergency Board meeting, including the EnergySolutions’ letter, which contains detailed background information and an explanation of the basis for the requested exemption, can be viewed online at https://www.utah.gov/pmn/files/423003.pdf#page=2.

Overview

By letter dated August 24, 2018, EnergySolutions petitioned the Board for an exemption from the mass and concentration limitations of UAC R313-25-9(5)(a) and (c) in connection with the disposal of Class A depleted uranium solid metal penetrators (DU Penetrators).

UAC R313-12-55(1) allows the Board to “grant exemptions or exceptions from the requirements of the rules as it determines are authorized by law and will not result in undue hazard to public health and safety or the environment,” according to the EnergySolutions’ letter.  “Solid metal depleted uranium penetrators are less hazardous and less plentiful than the depleted uranium oxides which are the basis of the UAC R313-25-9(5) restriction and an exemption is warranted in accordance with the justification herein provided,” states EnergySolutions in its letter.

“The U.S. Army Joint Munitions Command (JMC), working under the direction of the Product Director for Demilitarization, is responsible for the safe and compliant disposition of munitions waste,” states EnergySolutions’ letter.  “The JMC seeks to transport and dispose of 30 mm munitions containing solid depleted uranium metal.  The DU Penetrators will be disassembled to remove the depleted uranium metal prior to packaging for transport and disposal.  The JMC plans to disassemble between 3.5 to 7 million penetrators each year, currently in storage at the Tooele Army Depot (Tooele, Utah) and Crane Army Ammunition Activity (Crane, Indiana).  The JMC expects to transport and dispose of approximately 667 yd3 of DU Penetrator Class A waste per year for up to 4 years (a projected DU Penetrator disposal volume of 2,668 yd3).  Disposal of this volume of class A depleted uranium metal will exceed the limitations promulgated in UAC R313-25-9(a).”

Background

The Board — which is appointed by the Utah Governor with the consent of the Utah Senate — guides development of Radiation Control policy and rules in the state.  The Board holds open meetings ten times per year at locations throughout the state.  A public comment session is held at the end of each meeting.

Copies of the Utah Waste Management and Radiation Control Board meeting agendas and packet information can be found at http://www.deq.utah.gov/boards/waste/meetings.htm.  

For additional information, please contact Rusty Lundberg, Deputy Director of the Division of Waste Management and Radiation Control at the Utah Department of Environmental Quality, at (801) 536-4257 or at rlundberg@utah.gov.

Central Midwest Compact Commission Holds Annual Meeting

On September 18, 2018, the Central Midwest Interstate Low-Level Radioactive Waste Compact Commission (CMCC) held its annual meeting at the Radiation Health Branch in Frankfort, Kentucky.

The following items were on the draft agenda for the Commission meeting: 

  • Call to Order
  • Adoption or Modification of the Agenda
  • Election of Officers
    • Chair
    • Secretary/Treasurer
  • Adoption of Minutes from the Previous Meeting
    • April 23, 2018
  • Executive Session
  • First Public Comment Period
  • Reports
    • Chairman & Host State Report
    • Kentucky Commissioner Report
    • Executive Assistant Report
  • Acceptance of Auditor’s Report
  • Adoption of Fiscal Year Budget
  • Review of Fiscal Year 18 Annual Report
  • Investment Review
  • Other Business
    • Unfinished Business – review costs associated with hosting the LLW Forum 2019 fall meeting
    • New Business
  • Second Public Comment Period
  • Next Scheduled Meeting or Announcement of Special Meeting
  • Adjournment

Interested stakeholders were able to participate via videoconference at locations in both Kentucky and Illinois, as well as by teleconference.

For additional information, please contact Joseph Klinger, Chairman of the Central Midwest Interstate Low-Level Radioactive Waste Compact Commission, at (217) 836-3018 or go to http://www.cmcompact.org.

Governor Appoints Salsman and Edwards To Texas Compact Commission

On August 24, 2018, it was announced that Texas Governor Greg Abbott has reappointed John Salsman and appointed Lisa Edwards to the Texas Low-Level Radioactive Waste Disposal Compact Commission for terms to expire on September 1, 2023.  The Texas Compact Commission manages the disposition of low-level radioactive waste, while maintaining the health, safety and welfare of citizens.

Appointments

John Salsman is the Director of the Environmental Health and Safety Department at the University of Texas at Austin.  He is a member of the Health Physics Society (HPS) and the American Academy of Health Physics.  Salsman received a Bachelor of Science in radiation protection engineering and a Master of Science in Nuclear Engineering from Texas A&M University.  He lives in of Driftwood, Texas.

Lisa Edwards is a Senior Program Manager of Chemistry, Radiation Safety, and High-Level Radioactive Waste at the Electric Power Research Institute (EPRI).  Edwards received a Bachelor of Arts in Chemistry from Cornell College.  She lives in Granbury, Texas.

Background

The Texas Compact Commission meets several times per year in both Texas and Vermont.  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.

The Texas Compact Commission is next scheduled to meet in Manchester, Vermont on October 11, 2018.

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

Utah Waste Management and Radiation Control Board Meets

On September 13, 2018, the Utah Waste Management and Radiation Control Board (Board) held a regularly scheduled meeting in Salt Lake City, Utah.  The meeting was open to the public.

The following items, among others, was on the agenda for the Board meeting:

  1. Call to Order
  1. Approval of Meeting Minutes for the July 12, 2018 Board Meeting (Board Action Item)

III.    Approval of Meeting Minutes for the August 30, 2018 special Board Meeting (Board Action Item)

  1. Presentation by Attorney General’s Office on Conflict of Interest
  1. Underground Storage Tanks Update
  1. Administrative Rules
  1. Approval of final adoption of proposed changes to the Used Oil Rules R315-15-16, Grants, to provide additional clarity and more detailed direction regarding the grant application, grant issuance, implementation and reimbursement processes (Board Action Item)
  1. Approval of final adoption of proposed changes to the Hazardous Waste Rules R315-260, Hazardous Waste Management System, and R315-261, General Requirements – Identification and Listing of Hazardous Waste, to incorporate federal regulatory changes promulgated by the Environmental Protection Agency (EPA) and published in the Federal Register on May 30, 2018 at 83 Federal Register 24,664 (Board Action Item)
  1. Approval to proceed with formal rulemaking and public comment on proposed changes to Solid Waste Rules R315-301 to add a new sub-section (R315-301-7) to establish self-inspection requirements in accordance with Section 19-6-109 of the Solid and Hazardous Waste Act (Board Action Item)

VII.   Hazardous Waste Section

  1. Approval of proposed Stipulation and Consent Order between the Board and Jordan Valley Water Conservancy District (Board Action Item)

VIII.  Low-Level Radioactive Waste Section

  1. EnergySolutions request for a site-specific treatment variance from the Hazardous Waste Management Rules – EnergySolutions seeks authorization to treat waste contaminated with dioxins and furans by macroencapsulation rather than by chemical means (Board Action Item)
  1. EnergySolutions request for an exemption from R313-25-9(5) of the Utah Administrative Code (Information Item Only)
  1. EnergySolutions presentation
  1. Heal Utah presentation in response to EnergySolutions’ request for an exemption from R313-25-9(5) of the Utah Administrative Code
  1. Other Business
  1. Miscellaneous Information Items
  1. Scheduling of Next Board Meeting
  1. Adjourn

 

The Board — which is appointed by the Utah Governor with the consent of the Utah Senate — guides development of Radiation Control policy and rules in the state.  The Board holds open meetings ten times per year at locations throughout the state.  A public comment session is held at the end of each meeting.

Copies of the Utah Waste Management and Radiation Control Board meeting agendas and packet information can be found at http://www.deq.utah.gov/boards/waste/meetings.htm.  

For additional information, please contact Rusty Lundberg, Deputy Director of the Division of Waste Management and Radiation Control at the Utah Department of Environmental Quality, at (801) 536-4257 or at rlundberg@utah.gov.

National Defense Authorization Act Continues NNSA Program re Voluntary Phasing Out of Cesium Chloride Blood Irradiation Devices

On August 13, 2018, President Donald J. Trump signed the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law No. 115-232).  Amongst other things, the law directs the Administrator for Nuclear Security to continue working toward the voluntary phasing out of the use of blood irradiation devices in the United States that rely on cesium chloride by December 31, 2027.

The law authorizes the National Nuclear Security Administration (NNSA) to continue its current program to pay up to 50% of the per-device replacement costs and 100% of the disposition costs.  The law includes specified reporting requirements about the program to Congress.

The relevant text is as follows:

SEC. 3141. ACCELERATION OF REPLACEMENT OF CESIUM BLOOD IRRADIATION SOURCES. 

(a)  Goal.—The Administrator for Nuclear Security shall ensure that the goal of the covered programs is eliminating the use of blood irradiation devices in the United States that rely on cesium chloride by December 31, 2027.

(b)  Implementation.—To meet the goal specified by subsection (a), the Administrator shall carry out the covered programs in a manner that—

(1) is voluntary for owners of blood irradiation devices;

(2) allows for the United States, subject to the review of the Administrator, to pay up to 50 percent of the per-device cost of replacing blood irradiation devices covered by the programs;

(3) allows for the United States to pay up to 100 percent of the cost of removing and disposing of cesium sources retired from service by the programs; and

(4) replaces such devices with x-ray irradiation devices or other devices approved by the Food and Drug Administration that provide significant threat reduction as compared to cesium chloride irradiators.

(c)  Duration.—The Administrator shall carry out the covered programs until December 31, 2027.

(d)  Report.—Not later than 180 days after the date of the enactment of this Act, the Administrator shall submit to the appropriate congressional committees a report on the covered programs, including—

(1) identification of each cesium chloride blood irradiation device in the United States, including the number, general location, and user type;

(2) a plan for achieving the goal established by subsection (a);

(3) a methodology for prioritizing replacement of such devices that takes into account irradiator age and prior material security initiatives;

(4) in consultation with the Nuclear Regulatory Commission and the Food and Drug Administration, a strategy identifying any legislative, regulatory, or other measures necessary to constrain the introduction of new cesium chloride blood irradiation devices;

(5) identification of the annual funds required to meet the goal established by subsection (a); and

(6) a description of the disposal path for cesium chloride sources under the covered programs.

(e)  Assessment.—The Administrator shall submit an assessment to the appropriate congressional committees by September 20, 2023, of the results of the actions on the covered programs under this section, including—

(1) the number of replacement irradiators under the covered programs;

(2) the life-cycle costs of the programs, including personnel training, maintenance, and replacement costs for new irradiation devices;

(3) the cost-effectiveness of the covered programs;

(4) an analysis of the effectiveness of the new irradiation devices’ technology; and

(5) a forecast of whether the Administrator will meet the goal established in subsection (a).

(f)  Definitions.—In this section:

(1)  APPROPRIATE CONGRESSIONAL COMMITTEES.—The term “appropriate congressional committees” means—

(A) the Committee on Appropriations, the Committee on Armed Services, and the Committee on Energy and Commerce of the House of Representatives; and

(B) the Committee on Appropriations, the Committee on Armed Services, the Committee on Energy and Natural Resources, and the Committee on Health, Education, Labor, and Pensions of the Senate.

(2) COVERED PROGRAMS.—The term “covered programs” means the following programs of the Office of Radiological Security of the National Nuclear Security Administration:

(A) The Cesium Irradiator Replacement Program.

(B) The Off-Site Source Recovery Program.

For additional information, please see the following link to the bill: https://www.congress.gov/bill/115th-congress/house-bill/5515/text#toc-HE367D447CEDB4375A344CBBF76D48202

National Defense Authorization Act Continues NNSA Program re Voluntary Phasing Out of Cesium Chloride Blood Irradiation Devices

On August 13, 2018, President Donald J. Trump signed the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law No. 115-232).  Amongst other things, the law directs the Administrator for Nuclear Security to continue working toward the voluntary phasing out of the use of blood irradiation devices in the United States that rely on cesium chloride by December 31, 2027.

The law authorizes the National Nuclear Security Administration (NNSA) to continue its current program to pay up to 50% of the per-device replacement costs and 100% of the disposition costs.  The law includes specified reporting requirements about the program to Congress.

The relevant text is as follows:

SEC. 3141. ACCELERATION OF REPLACEMENT OF CESIUM BLOOD IRRADIATION SOURCES. 

(a)  Goal.—The Administrator for Nuclear Security shall ensure that the goal of the covered programs is eliminating the use of blood irradiation devices in the United States that rely on cesium chloride by December 31, 2027.

(b)  Implementation.—To meet the goal specified by subsection (a), the Administrator shall carry out the covered programs in a manner that—

(1) is voluntary for owners of blood irradiation devices;

(2) allows for the United States, subject to the review of the Administrator, to pay up to 50 percent of the per-device cost of replacing blood irradiation devices covered by the programs;

(3) allows for the United States to pay up to 100 percent of the cost of removing and disposing of cesium sources retired from service by the programs; and

(4) replaces such devices with x-ray irradiation devices or other devices approved by the Food and Drug Administration that provide significant threat reduction as compared to cesium chloride irradiators.

(c)  Duration.—The Administrator shall carry out the covered programs until December 31, 2027.

(d)  Report.—Not later than 180 days after the date of the enactment of this Act, the Administrator shall submit to the appropriate congressional committees a report on the covered programs, including—

(1) identification of each cesium chloride blood irradiation device in the United States, including the number, general location, and user type;

(2) a plan for achieving the goal established by subsection (a);

(3) a methodology for prioritizing replacement of such devices that takes into account irradiator age and prior material security initiatives;

(4) in consultation with the Nuclear Regulatory Commission and the Food and Drug Administration, a strategy identifying any legislative, regulatory, or other measures necessary to constrain the introduction of new cesium chloride blood irradiation devices;

(5) identification of the annual funds required to meet the goal established by subsection (a); and

(6) a description of the disposal path for cesium chloride sources under the covered programs.

(e)  Assessment.—The Administrator shall submit an assessment to the appropriate congressional committees by September 20, 2023, of the results of the actions on the covered programs under this section, including—

(1) the number of replacement irradiators under the covered programs;

(2) the life-cycle costs of the programs, including personnel training, maintenance, and replacement costs for new irradiation devices;

(3) the cost-effectiveness of the covered programs;

(4) an analysis of the effectiveness of the new irradiation devices’ technology; and

(5) a forecast of whether the Administrator will meet the goal established in subsection (a).

(f)  Definitions.—In this section:

(1)  APPROPRIATE CONGRESSIONAL COMMITTEES.—The term “appropriate congressional committees” means—

(A) the Committee on Appropriations, the Committee on Armed Services, and the Committee on Energy and Commerce of the House of Representatives; and

(B) the Committee on Appropriations, the Committee on Armed Services, the Committee on Energy and Natural Resources, and the Committee on Health, Education, Labor, and Pensions of the Senate.

(2) COVERED PROGRAMS.—The term “covered programs” means the following programs of the Office of Radiological Security of the National Nuclear Security Administration:

(A) The Cesium Irradiator Replacement Program.

(B) The Off-Site Source Recovery Program.

 

For additional information, please see the following link to the bill: https://www.congress.gov/bill/115th-congress/house-bill/5515/text#toc-HE367D447CEDB4375A344CBBF76D48202

President Trump to Nominate William Bookless as NNSA Principal Deputy Administrator

On August 10, 2018, President Donald J. Trump announced his intent to nominate William Bookless, a former Senior Physicist at the U.S. Department of Energy (DOE) Lawrence Livermore National Laboratory (LLNL), to be the Principal Deputy Administrator at the National Nuclear Security Administration (NNSA).

Bookless participated in various nuclear security research projects during his 32-year tenure at LLNL.  He worked as the Deputy Associate Director for the laboratory’s Nuclear Weapons Program, as well as the Associate Director for Safety and Environmental Protection.  His LLNL career culminated with a two and a half year assignment as Senior Adviser to the NNSA Administrator from 2009 to 2012.  Before retiring in 2015, Bookless served for three years as the Assistant Laboratory Director for Policy and Planning at the Brookhaven National Laboratory.

Bookless received his Ph.D. in physics from the University of Wyoming in 1980.  He received NNSA recognition for his advisory work on the 2010 Nuclear Posture Review and the New START Treaty.

For additional information, please see www.whitehouse.gov.

Southeast Compact Commission’s Administrative Committee Meets

On September 12, 2018, the Administrative Committee of the Southeast Compact Commission for Low-Level Radioactive Waste Management held a special called meeting via teleconference.

During the teleconference, the Committee discussed administrative matters related to the continued operations and staffing of the Commission, including, but not limited to, Commission bylaws; staffing requirements; staff salaries and benefits; personnel policies; internal controls for accounting; and, transition planning.

The following is the agenda for the committee meeting:

  • Introduction and Remarks (Donna Hodges, Chair)
  • Public Comment Pertaining to Agenda Items Only (Public)
  • Approval of Minutes from June 25, 2018 (Committee Members)
  • Discussion of Administrative Matters Related to the Continued Operations and Staffing of the Commission (Committee Members)
  • Other Business (Committee Members)
  • Public Comment (Public)
  • Adjourn

All Southeast Compact Commission and committee meetings are open to the public.  Interested stakeholders were provided an opportunity to participate in the call at offices in states located within the Southeast Compact Commission including Alabama, Florida, Georgia, Mississippi, Tennessee and Virginia.

For additional information, please contact Southeast Compact Commission Executive Director Ted Buckner at (919) 380-7780 or at secc@secompact.org.

Vermont Yankee’s Used Fuel Placed in Dry Storage

On August 2, 2018, Holtec International announced the successful completion of the largest defueling project of a Boiling Water Reactor (BWR) in the United States.  According to Holtec, the project was completed in record time.

Entergy Nuclear signed a contract with Holtec to expeditiously defuel the Vermont Yankee spent fuel pool.  The overall project scope included construction of a second ISFSI pad, security expansion, engineering, licensing, manufacturing, delivering and loading of 45 HI-STORM cask systems, all on a turnkey basis.

For additional information, please contact Erika Grandrimo at (856) 797-0900, ext. 3920 or at e.grandrimo@holtec.com.

Proto-Prompt Decommissioning Planned for Pilgrim and Palisades Sites

On August 1, 2018, an agreement was announced for Entergy Corporation to sell the subsidiaries that own the Pilgrim Nuclear Power Station in Plymouth, Massachusetts and the Palisades Power Plant in Covert, Michigan after their shutdowns and reactor defuelings to a Holtec International subsidiary for accelerated decommissioning.

The sales include the transfer of the licenses, spent fuel, and Nuclear Decommissioning Trusts (NDTs), as well as the site of the decommissioned Big Rock Point Nuclear Power Plant near Charlevoix, Michigan where only the Independent Spent Fuel Storage Installation (ISFSI) remains.  The transactions are subject to conditions to closing, including approvals from the U.S. Nuclear Regulatory Commission (NRC) of the license transfers.

Overview

Assuming timely regulatory approvals, Holtec expects to initiate proto-prompt decommissioning of Pilgrim in 2020, with the expectation that all major decommissioning work will be completed in approximately eight years.  A timeline for the decommissioning of Palisades will be developed closer to its shutdown. For both Pilgrim and Palisades, Holtec expects to move all of the spent nuclear fuel out of their spent fuel pools and into dry cask storage within approximately three years after the plants’ respective shutdowns.

In previous announcements, Entergy has stated that it remains committed to the safe and reliable operation of Pilgrim and Palisades until their permanent shutdowns.  By selling these plants for decommissioning, Entergy continues to execute its strategy to exit Entergy Wholesale Commodities and move to a pure play utility.  Entergy is seeking regulatory approvals to sell its subsidiary that owns the shutdown Vermont Yankee site by the end of 2018.

Next Steps

Holtec and Entergy expect to file a license transfer request with the NRC in the fourth quarter of this year for Pilgrim, with transaction closing targeted by the end of 2019.  For Palisades, the license transfer request would take place closer to its planned shutdown in the spring of 2022, with transaction closing expected by the end of that year.

Holtec will utilize Comprehensive Decommissioning International, LLC (CDI), which is a newly-formed U.S.-based joint venture company between Holtec International and SNC-Lavalin to perform the decommissioning, including all required demolition and cleanup.

“Holtec will draw on its own and its partners’ safety commitment and decades of experience and expertise in decommissioning and site remediation to carry out decommissioning, which could benefit the local communities by returning these plant sites (excluding each site’s used fuel storage facility) to productive use at an early date,” states the press release.  “Holtec will transfer all of the used nuclear fuel to its cask systems to be stored at the respective sites which will remain under guard at the sites, monitored during shutdown and decommissioning and subject to the NRC’s oversight, until the U.S. Department of Energy (DOE) removes it in accordance with its legal obligations.”

Background

The Pilgrim Nuclear Power Station is the only nuclear power plant operating in Massachusetts.  It is located in the Manomet section of Plymouth on Cape Cod Bay, south of the tip of Rocky Point and north of Priscilla Beach.  Like many similar plants, it was constructed by Bechtel, and is powered by a General Electric BWR 3 boiling water reactor inside of a Mark 1 pressure suppression type containment and generator.  It has a 690 MW production capacity.  Pilgrim Station produces about 14% of the electricity generated in Massachusetts.  On October 13, 2015, plant owners announced that it would close by June 1, 2019.  Entergy cited “market conditions and increased costs,” which would have included tens of millions of dollars of necessary safety upgrades, as the basis for the decision to close the Pilgrim Station.

The Palisades Nuclear Generating Station is located on Lake Michigan in Van Buren County’s Covert Township, Michigan.  The plant is located on a 432-acre site that is five miles south of South Haven, Michigan. The Westinghouse Electric Company turbine generator can produce 725,000 kilowatts of electricity.  Built between 1967 and 1970, Palisades was approved to operate at full power in 1973.  The plant’s original licensee was due to expire on March 24, 2011.  An application for 20-year extension was filed in 2005 with the NRC.  It was granted on January 18, 2007. Therefore, the plant was then scheduled for decommissioning by 2031.  However, Entergy had made a decision to close the plant in October 2018.  Consumers Energy then attempted to buy its way out of a power purchase agreement it has with Entergy and the plant. The Michigan Public Service Commission (MPSC) did not approve Consumer Energy’s full request of $172 million, however, so Entergy decided to keep the plant open three years longer than planned.  Entergy currently plans to close the Palisades plant in 2022.

For additional information about Holtec International, please see www.holtecinternational.com.  For additional information about CDI, please see www.cdi-decom.com

For additional information about the Pilgrim and Plymouth projects, please contact Erika Grandrimo at (856) 797-0900, ext. 3920 or at e.grandrimo@holtec.com.

High Profile Letter Sent to DOE Secretary Rick Perry re National Security Attributes of U.S. Nuclear Power Plants

By letter dated June 26, 2018, a broad coalition of 75 former government officials, lawmakers and industry leaders — a quarter of whom are retired admirals or vice admirals — expressed concern to U.S. Department of Energy (DOE or Department) Secretary Rick Perry regarding the impact of the premature shutdown of nuclear power plants.

“We urge you to continue to take concrete steps to ensure the national security attributes of U.S. nuclear power plants are properly recognized by policymakers and are valued in U.S. electricity markets,” states the letter.

Overview

On June 1, 2018, President Donald Trump requested that DOE take measures to prevent further closures of nuclear power plants due to a national security interest in securing the national power grid’s resilience.  The recent letter appears to support that request, underscoring the key role of nuclear power toward the national security of the United States, particularly as an essential component of electric grid resilience and the largest source of emission-free generation.

Although the letter acknowledges that discussions concerning the general importance of nuclear energy are underway at the Federal Energy Regulatory Commission (FERC), grid operator and state regulator levels, the letter asserts that only DOE has the power to integrate nuclear power into the broader national security imperatives.  While recognizing that such integration will take time to consider, the letter requests that Secretary Perry take steps to ensure that no additional nuclear power plants are closed in the meantime.

In addition to admirals and vice admirals, signatories to the letter include former U.S. Secretary of State George Shultz; former U.S. Senators Byron Dorgan (D-ND), Judd Gregg (R-NH), Trent Lott (R-MS), Jim Talent (R-MO), and John Warner (R-VA); former New Jersey Governor and former U.S. Environmental Protection Agency (EPA) Administrator Christine Todd Whitman; and, many former industry executives including former General Motors’ Chair and Chief Executive Officer (CEO) Daniel Akerson, former AREVA CEO Thomas Christopher, retired Westinghouse Electric Co. and URENCO USA Chair Charles Pryor and former Battelle Memorial Institute President and CEO Jeffrey Wadsworth.  In addition, three former Chairs (Nils Diaz, Dale Klein and Richard Meserve) of the U.S. Nuclear Regulatory Commission (NRC) signed the letter, as well as some former NRC Commissioners and several former Directors of national laboratories.

National Security Benefits

“The national security benefits of a strong domestic nuclear energy sector take many forms,” states the letter, “many of which overlap and together are woven into the nation’s greater strength and resilience.”  The letter continues by citing the following examples:

  • Our nation’s nuclear power plants are among the most robust elements of U.S. critical infrastructure, offering a level of protection against natural and adversarial threats that goes far beyond most other elements of our nation’s electrical grid. The Department of Defense depends on the nation’s grid to power 99 percent of its installations, meaning large scale disruptions affect the nation’s ability to defend itself.
  • Nuclear plants have up to two years’ worth of fuel on site, providing valuable fuel diversity and increasing the resilience of our electrical grid by eliminating the supply vulnerabilities that face some other forms of energy supply.
  • Several national security organizations, including our nuclear Navy and significant parts of the Department of Energy, benefit from a strong civil nuclear sector. Many of the companies that serve the civil nuclear sector also supply the nuclear Navy and major DOE programs.  For example, the Administration’s 2018 Nuclear Posture Review noted that the United States is unable to produce enriched uranium for national security purposes.  Re-establishing this capability will be far easier and more economical with a strong, thriving civil nuclear sector.  Moreover, the nuclear industry is an important career destination for military veterans.
  • Nuclear energy is by far our nation’s largest source of emissions-free generation. Carbon dioxide emissions from other forms of electricity production contribute to changes in our climate, and a changing climate has been identified by the national security community as a national security risk.
  • Competitiveness internationally is inextricably linked to maintaining a strong domestic nuclear program. More than six decades ago, the United States developed what is today the commercial nuclear industry, which established and maintained a leadership role that transcends power generation.  However, we are in jeopardy of losing our edge and missing out on much of a global opportunity estimated at over half a trillion dollars.  Today, there are 56 reactors under construction in the world and this expansion is largely driven by China and Russia.
  • A strong civil nuclear export sector creates deep and long-lasting relationships between the U.S. and partner nations across important areas that advance America’s national security interests, including nonproliferation, nuclear safety, and physical and cyber security. If we do not continue to play a major role in the global market for nuclear reactors, technology and fuel, our influence over nonproliferation and nuclear safety standards will be greatly diminished.

Background

By the end of 2021, twenty-four of the operating nuclear power plants in the United States are either set to close or will no longer be profitable according to a report by Bloomberg New Energy Finance (BNEF) that was issued on May 15, 2018.  In addition, the report cautions that more plants are likely to close.  According to the BNEF study, the industry is increasingly challenged by sluggish power demand, inexpensive natural gas and the rise of renewable energy.  This is especially true in the Midwest, where the use of wind power and other renewable power options are being used increasingly.

In this regard, a February 2018 report from BNER and the Business Council for Sustainable Energy found that renewable power had reached 18 percent of the U.S. electricity generation capacity.  The expansion has been spurred, in part, by an increase in hyrdopower investments in the West.  Nuclear power recently contributed about 20 percent, but that figure is declining as operating facilities continue to shut down.

In addition, DOE is currently weighing a March 2018 request from the competitive power unit at FirstEnergy Corporation to declare that an emergency exists its PJM market.  The PJM Energy Market procures electricity to meet consumer’s demands both in real time and in the near term.  It includes the sale or purchase of energy in PJM’s Real-Time Energy Market (five minutes) and Day-Ahead Market (one day forward).  If Secretary Perry agrees to the request, it would mean the PJM would have to compensate both nuclear and coal generators in the at-risk market in order to protect the stability of the grid.

Registration Open for 2019 Waste Management Conference

Registration is now open for the 2019 Waste Management (WM) conference, which will be held at the Convention Center in Phoenix, Arizona from March 3-7, 2019.

Overview

The 2019 WM conference theme is “Encouraging Young Men & Women to Achieve Their Goals in Radwaste Management.”  The conference focus is promoting the next generation of radwaste management professionals, so young professionals are strongly encouraged to get involved.  The 2019 WM conference plans to have several special programs to encourage and support their participation.

The Low-Level Radioactive Waste Forum (LLW Forum) typically organizes a panel for the WM conference titled, Hot Topics and Emerging Issues in U.S. Commercial Low-Level Radioactive Waste Management.  The LLW Forum-organized panel focuses on emerging issues in U.S. commercial low-level radioactive waste management from the perspective of active members of the LLW Forum.  During the panel, state, compact, federal and industry officials share their views on a variety of timely and significant topics related to low-level radioactive waste management, disposal and related issues.

Background

The annual WM conference, presented by WM Symposia (WMS), is an international symposium concerning the safe and secure management of radioactive wastes arising from nuclear operations, facility decommissioning and environmental remediation, as well as storage, transportation and disposal and associated activates.  WMS was founded to provide a forum for discussing and seeking cost-effective and environmentally responsible solutions for the safe management and disposition of radioactive waste and radioactive materials.

The WM 2019 conference marks the 45th annual Waste Management Symposium.  The conference provides an opportunity for stakeholders to connect with the worldwide nuclear community in a forum for discussing and seeking safe and cost-effective solutions to managing and dispositioning radioactive waste and decommissioning nuclear facilities.  The WM 2019 conference will feature more than 500 papers and over 40 panel discussions in 130 plus technical sessions complemented by the industry’s largest annual exhibition of nearly 200 companies.  Registration will open in late August 2018.

For additional information on the Waste Management Conference, please call (480) 557-0263 or email to shelley@wmarizona.org or visit the organization’s website at www.wmsym.org.  For technical program questions, please contact WM Deputy Managing Director and Program Advisory Committee (PAC) Chair Gary Benda at (803) 317-1116 or at gbenda@wmarizona.org.

Registration Open for Fall 2018 LLW Forum Meeting and Historic B Reactor Site Tour

Red Lion Hotel in Richland, Washington
October 2-4, 2018

The Low-Level Radioactive Waste Forum (LLW Forum) is pleased to announce that registration is now open for our fall 2018 meeting, which will be held at the Red Lion Hotel in Richland, Washington on October 3-4, 2018.

In terms of planning and making travel arrangements, please note that there will be an optional site tour of Hanford’s Historic B Reactor for interested stakeholders from 1:00 – 5:00 p.m. on October 2, 2018.

The Executive Committee will meet from 7:30 – 9:00 a.m. on Wednesday morning (October 3, 2018).  The Disused Sources Working Group (DSWG) will meet from 1:00 p.m. – 5:00 p.m. on Thursday (October 4, 2018). 

Interested stakeholders are encouraged to register and make hotel reservations for the meeting at your earliest convenience, as there is limited space available in our discount room block.

The Northwest Interstate Compact on Low-Level Radioactive Waste Management is sponsoring the meeting.

The meeting documents—including a meeting bulletin and registration form—are available on the LLW Forum Meeting page of the organization’s web site at http://llwforum.org/llw-forum-meeting/. 

As a new option for interested stakeholders, a registration form may be completed and submitted online.

Attendance

Officials from states, compacts, federal agencies, nuclear utilities, disposal operators, brokers/processors, industry and other interested parties are encouraged to attend the fall 2018 LLW Forum meeting.

LLW Forum meetings are an excellent opportunity to stay up-to-date on the most recent and significant developments in the area of low-level radioactive waste management and disposal.  They also offer an important opportunity to network with other government and industry officials and to participate in decision-making on future actions and endeavors affecting low-level radioactive waste management and disposal.

LLW Forum Meeting Location and Dates

The fall 2018 LLW Forum meeting will be held on Wednesday, October 3 (9:00 am – 5:00 p.m.) and Thursday, October 4 (9:00 am – 1:00 pm) at:

Red Lion Richland Hanford House Hotel
802 George Washington Way
Richland, Washington  99354

Located in the heart of historic Richland, the Red Lion Hanford House is centrally located for business and leisure travelers visiting the Hanford Reservation.  The hotel, overlooking the Columbia River, is within easy walking distance of several restaurants and government buildings.

Optional Hanford B Reactor Site Tour Logistics

The Washington State Department of Health will sponsor an optional tour of Hanford’s Historic B Reactor on Tuesday afternoon (October 2, 2018) from 1:00 – 5:00 p.m.  The B Reactor is the world’s first full-scale plutonium production reactor.

Interested parties need to check the box on the LLW Forum meeting registration form, as well as complete and submit the separate Hanford B Reactor optional site tour registration form.  The tour originates from the B Reactor offices located about 7 minutes from the Hanford House.

Registration

All persons must pre-register for the LLW Forum meeting and pay any associated registration fees in order to be allowed entry.  Registration forms are needed in order to ensure that you receive a meeting packet and name badge.  Accordingly, interested attendees are asked to please take a moment to complete the meeting registration form at your earliest convenience and return it to the LLW Forum at the mailing or e-mail address listed at the bottom of the form.

Attendees that are planning to participate in the optional Hanford B Reactor site tour must also pre-register.  Please note that there is a separate registration form with differential submittal directions for the optional site tour.

The meeting is free for up to two individuals representing members of the LLW Forum.  Additional and non-member registration is $600, payable by check only to the “LLW Forum, Inc.”  (Credit card payments are not accepted.)

Reservations

Persons who plan to attend the meeting are strongly encouraged to make their hotel reservations and send in their registration forms as soon as possible, as we have exceeded our block at the last few meetings.

A block of rooms have been reserved for Monday through Thursday (October 1-4, 2018) for meeting attendees at the special, discounted rate of  $96.00 (single/double rate) plus tax.  To make a reservation, please go to the booking link on the attached meeting bulletin or call (509) 946-7611, press zero for the operator and ask for a reservation under the discount group code WSDO1001.  Please note that you must provide the code in order to get the special, discounted rate.

The deadline for reserving a room at the discounted rate is September 10, 2018.

Transportation and Directions  

The Red Lion Richland Hanford House Hotel is located 10-12 minutes from the Pasco Airport, which is the nearest commercial travel connection.

If you have questions or require additional information, please contact Todd D. Lovinger, Esq. — Executive Director of the LLW Forum and Project Director of the Disused Sources and Part 61 Working Groups (DSWG/P61WG) — at (754) 779-7551 or at LLWForumInc@aol.com

 

2019 Hodes Award Nominations Sought

The Southeast Compact Commission for Low-Level Radioactive Waste Management is accepting nominations for the 2019 Richard S. Hodes, M.D. Honor Lecture Award—a program that recognizes an individual, company, or organization that contributed in a significant way to improving the technology, policy, or practices of low-level radioactive waste management in the United States.  The award recipient will present the innovation being recognized at a lecture during the Waste Management ’19 Symposium in Phoenix, Arizona.  The award recipient will receive a $5,000 honorarium and all travel expenses will be paid.

Nominations must be received by August 31, 2018.

Overview

The Richard S. Hodes Honor Lecture Award—established in March, 2003—is awarded to an individual, company, or organization that contributed in a significant way to improving the technology, policy, or practices of low-level radioactive waste management in the United States.

The award recipient will be recognized with a special plaque and an invitation to present a lecture about the innovation during the annual international Waste Management Symposium (WM ’19).  The 2019 symposium is sponsored by the University of Arizona and will be held in Phoenix, Arizona in the spring of 2019.

A special time is reserved during the Symposium for the lecture and the award presentation. The Southeast Compact Commission will provide the award recipient a $5,000 honorarium and will pay travel expenses and per diem (in accordance with Commission Travel Policies) for an individual to present the lecture.

Criteria

The Richard S. Hodes Honor Lecture Award recognizes innovation industry-wide.  The award is not limited to any specific endeavor—contributions may be from any type of work with radioactive materials (nuclear energy, biomedical, research, etc.), or in any facet of that work, such as planning, production, maintenance, administration, or research.  The types of innovations to be considered include, but are not limited to:

  • conception and development of new approaches or practices in the prevention, management, and regulation of radioactive waste;
  • new technologies or practices in the art and science of waste management; and,
  • new educational approaches in the field of waste management.

The criteria for selection include:

  1. Innovation.  Is the improvement unique? Is it a fresh approach to a standard problem? Is it a visionary approach to an anticipated problem?
  2. Safety.  Does the practice enhance radiation protection?
  3. Economics.  Does the approach produce significant cost savings to government, industry or the public?
  4. Transferability.  Is this new practice applicable in other settings and can it be replicated?  Does it increase the body of technical knowledge across the industry?

Eligibility

To be eligible for the award, the individual/group must consent to being nominated and must be willing to prepare and present a lecture about the innovation being recognized at the Waste Management Symposium.  Individuals or organizations can nominate themselves or another individual, company, institution, or organization.

Nominations

To nominate yourself or another individual, company, or organization for this distinguished award, please contact:

Awards Committee
c/o Ted Buckner

Executive Director
Southeast Compact Commission
Post Office Box 5427
Cary, NC 27512
(919) 380-7780

(919) 380-7710 – FAX
tedb@secompact.org

or visit the Southeast Compact Commission’s website at http://www.secompact.org/.

Nominations must be received by August 31, 2018.

NRC Considering Wyoming’s Request to Become an Agreement State

On June 26, 2018, the U.S. Nuclear Regulatory Commission (NRC) announced that the agency is considering a request from Wyoming Governor Matthew Mead to assume part of the NRC’s regulatory authority over certain radioactive materials in the state.

If the request is accepted, Wyoming will become the 38th state to sign such an agreement with the NRC.

Overview

Under the proposed agreement, the NRC would transfer to Wyoming the responsibility for licensing, rulemaking, inspection and enforcement activities related to the extraction and concentration of uranium and thorium milling and the management and disposal of milling waste, or mill tailings.

If the proposed Agreement were approved, the NRC would transfer 14 specific licenses for radioactive material to Wyoming’s jurisdiction.  By law, NRC would retain jurisdiction over commercial nuclear power plants (of which there are none in Wyoming), federal agencies using certain nuclear material in the state and uses of nuclear material currently regulated by the NRC other than uranium and thorium milling activities.

Before entering into the agreement, the NRC must determine that Wyoming’s radiation control program is adequate to protect public health and safety, and is compatible with the NRC’s regulations.

Background

Thirty-seven other states have signed similar agreements with the NRC.  They include Alabama, Arizona, Arkansas, California, Colorado, Florida, Georgia, Illinois, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Minnesota, Mississippi, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Utah, Virginia, Washington and Wisconsin.

Copies of the proposed agreement, the Governor’s request/supporting documents and the NRC draft staff assessment are available on the NRC website at www.nrc.gov. For additional information, please contact David McIntyre at (301) 415-8200.

Southeast Compact Commission Holds 110th Business Meeting

On June 26, 2018, the Southeast Compact Commission for Low-Level Radioactive Waste Management held its 110th business meeting at the Environmental Finance Authority Office in Atlanta, Georgia.

The Southeast Compact Commission’s Policy and Planning Committee and Administrative Committee met one day earlier at the same location.

Business Meeting

The 110th business meeting of the Southeast Compact Commission began at 9:00 a.m. EDT on June 26 in the Board Room at the Environmental Finance Authority Office.  During the business meeting, the Southeast Compact Commission received committee reports; adopted a budget for fiscal year 2018-19; elected a new Chair-Elect and Secretary-Treasurer; and, conducted other business as it came before the Commission.

Policy and Planning Committee Meeting

The Policy and Planning Committee met at 1:00 p.m. EDT on June 25 in the Board Room at the Environmental Finance Authority Office.  During the Policy and Planning Committee meeting, the Committee considered and reviewed the Strategic Plan and other matters as they came before the committee.

Administrative Committee Meeting

The Administrative Committee began at 3:30 p.m. EDT on June 25 in the Board Room at the Environmental Finance Authority Office.  During the Administrative Committee meeting, the committee discussed a budget for fiscal year 2018-19; Southeast Compact Commission finances; the ad hoc committee review of staff salaries and benefits; and, conducted other business as it came before the Commission.

All Southeast Compact Commission and committee meetings are open to the public.

For additional information, please contact the Southeast Compact Commission at (919) 380-7780 or at secc@secompact.org

Rocky Mountain Board Holds Annual and Regular Meetings

On June 20, 2018, the Rocky Mountain Low-Level Radioactive Waste Board held both a Regular Meeting and an Annual Meeting in Santa Fe, New Mexico.  The meetings—which were held at the La Posada de Santa Fe—began at 9:00 a.m.

Regular Meeting Agenda

The following items were on the draft agenda for the Regular Meeting:

  • approval of minutes of the Regular Meeting on June 22, 2017 and Annual Meetings and notice of actions taken at the telephonic meetings on March 7, 2018 and April 30, 2018
  • update from the Clean Harbors Regional Facility
  • update from URENCO USA
  • update from International Isotopes, Inc.
  • discussion of Naturally Occurring Radioactive Material (NORM) Oil and Gas import and export
  • update on Low-Level Radioactive Waste Forum (LLW Forum)
  • update on national developments

•     Executive Director’s report

  • fiscal status/investment summary
  • permit fee revenue for 2017 and 2018
  • expenditure/budget comparison
  • status of volumes authorized for export and disposal in 2017 and 2018

Annual Meeting Agenda

The following items were on the draft agenda for the Annual Meeting:

  • election of Officers
  • consideration of fiscal year 2018-2019 budget
  • consideration of establishment of SEP IRA retirement program

Interested parties and the public were invited to attend the meetings and an opportunity was provided for public comment.

For additional information, please contact Leonard Slosky, Executive Director of the Rocky Mountain Board, at (303) 825-1912 or lslosky@rmllrwb.us.

Toshiba Withdraws from Two Planned South Texas Project Reactors

On June 7, 2018, Toshiba America Nuclear Energy Corporation — a U.S. wholly owned subsidiary of Japan’s Toshiba Corporation — announced plans to withdraw from a project to build two additional advanced boiling water reactor units at the South Texas Project (STP) site in Matagorda County, Texas.

According to news reports and a company press release, Toshiba officials scrapped their involvement in the estimated $15 million project due to a lack of investors.

Overview

According to a press release from Toshiba, company officials plan to cancel all contracts related to Nuclear Innovation North America (NINA), which was established by an agreement with NRG Energy Inc. in 2008 for the purpose of building the two additional STP units.  The corporation will also cancel an engineering, procurement and construction contract it signed in 2009 with STP, as well as canceling deferred loans and forgiving loans under loan contracts.

“Under current and expected economic conditions, further development of STP Units 3 and 4 has ceased to be financially viable,” stated a press release from Toshiba.  “In these circumstances, there is no clear pathway to securing profitability.”

Tim Powell, President and CEO of STP, stated in the release that a meeting of NINA’s Board of Directors is expected in the coming weeks to determine the future of STP Units 3 and 4.  “While the further development of Units 3 and 4 are in question, I want to assure you that the safe and reliable operation of Units 1 and 2 remains the commitment of each and every employee at STP,” stated Powell.  “These units continue to be vital to the resilience and reliability of the Texas grid and we are focused on maintaining the exemplary performance we have achieved and creating further value for the community we call home.”

“With our recently granted 20-year life extension for Units 1 and 2, that mission will continue today, tomorrow and for many years to come,” continued Powell.  “STP remains a proud partner of Matagorda County and the South Texas region for over 30 years and will remain so as we continue to move forward.”

According to the release, Toshiba officials intend to meet with the NINA Board of Directors and continue the necessary withdrawal procedures with NRG.  The release states that the corporation will have completely withdrawn from the project by the end of the year.

Combined License

In February 2016, the U.S. Nuclear Regulatory Commission (NRC) issued two Combined Licenses (COL) for the STP 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.

NRC staff imposed 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.

Background

  • The NRC certified the 1,300-megawatt ABWR design in 1997. On September 20, 2007, NINA submitted its application for the licenses.
  • 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 NRC completed its environmental review and issued the Final Environmental Impact Statement (FEIS) for the proposed STP reactors in February 2011. Four years later, on February 19, 2015, the ACRS provided the results of its review to the Commission. The NRC completed and issued the FSER on September 29, 2015.

STP’s two units produce 2,700 megawatts of carbon-free electricity — providing clean energy to 2 million Texas homes.  According to STP officials, Units 3 and 4 would have doubled that production output and could have created about 800 additional jobs.

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.

NRC Issues Construction Permit to Northwest Medical Isotopes LLC

On May 9, 2017, NRC announced that agency staff has issued a construction permit to Northwest Medical Isotopes LLC (NWMI) for a molybdenum-99 production facility in Columbia, Missouri.  The permit is for a site at the Discovery Ridge Research Park.

Overview 

The Commissioners authorized the Director of the NRC’s Office of Nuclear Reactor Regulation to issue the permit following a hearing on the application on January 23, 2018.  The Commission found the staff’s review of the application sufficient to make the necessary regulatory safety and environmental findings.

NWMI submitted its application for permission to build the facility in two parts on February 5, 2015 and July 20, 2015.  It will produce molybdenum-99, which later generates the technicium-99m that is used in one of the most common nuclear medicine procedures in the United States.

Background

The NRC’s Advisory Committee on Reactor Safeguards (ACRS) independently reviewed aspects of the application that concerned safety, as well as the staff’s safety evaluation report.  The committee provided the results of its review to the Commission in November 2017.

The staff completed its environmental review and issued the final environmental impact statement for the proposed facility in May 2017.

For additional information, please contact Scott Burnell of the NRC at (301) 415-8200.

Senate Approves All Three Nominees for NRC Commissioners

On May 24, 2018, by a voice vote during an evening session, the U.S. Senate approved en banc the confirmations of all three outstanding nominees to the U.S. Nuclear Regulatory Commission (NRC) including:

  • Annie Caputo, a nuclear policy adviser to Senate Environment and Public Works Committee Chairman John Barrasso (R-WY);
  • David Wright, an energy consultant and former president of the National Association of Regulatory Utility Commissioners; and,
  • Jeff Baran, an attorney and member of the Commission since 2014 who’s current term is scheduled to expire on June 30, 2017.

Shortly before the confirmations’ vote, the Senate Appropriations Committee approved a budget proposal that provided no money for the proposed Yucca Mountain radioactive waste repository in Nevada.  Caputo and Wright were sworn-in as new NRC Commissioners the following week.

Background

Five Commissioners appointed by the President and confirmed by the Senate for five-year terms head the NRC.  One of them is designated by the President to be the Chair and official spokesperson of the Commission.  The Chair is the Principal Executive Officer of and the Official Spokesperson for the NRC.  As Principal Executive Officer, the Chair is responsible for conducting the administrative, organizational, long-range planning, budgetary and certain personnel functions of the agency.  The Chair has ultimate authority for all NRC functions pertaining to an emergency involving an NRC license.  The Chair’s actions are governed by the general policies of the Commission.

The Commission operates as a collegial body to formulate policies, develop regulations governing nuclear reactor and nuclear material safety, issue orders to licensees, and adjudicate legal matters.  The Commission is currently comprised of Chair Kristine Svinicki, Commissioner Jeff Baran and Commissioner Stephen Burns.

For additional information related to Commission business, please contact Annette Vietti-Cook, Secretary of the Commission, at (301) 415-1969 or at NRCExecSec@nrc.gov.

New Jersey Governor Signs Several Clean Energy Initiatives

Includes Subsidies for Continued Operation of Nuclear Power Plants

On May 23, 2018, New Jersey Governor Phil Murphy signed several legislative initiatives that are designed to advance the state’s clean energy goals, including a bill that would subsidize the continued operation of nuclear power plants.  The cost for the new law to subsidize nuclear power plants is estimated to be approximately $300 million a year.

Overview of New Jersey Legislation

The new law establishes a Zero Emissions Certificate (ZEC) program in an effort to maintain New Jersey’s nuclear energy supply, which is the state’s largest source of carbon free energy and contributes almost 40 percent of the state’s electric capacity.  Under the law’s provisions, plants seeking to participate in the program would be required, among other things, to demonstrate that they make a significant contribution to New Jersey air quality and are at risk of closure within three years.

There are currently four reactors operating in New Jersey with generating capacity over 4,100 megawatts (MW) of electricity.  Three of the reactors are located at the Salem-Hope Creek nuclear plant and are operated by a unit of Public Service Enterprise Group (PSEG), which is the state’s biggest power company.  The other reactor, Oyster Creek, is owned by Exelon Corporation, which also owns part of the Salem reactors.

In addition to the nuclear subsidy law, Governor Murphy also signed legislation to require that 50 percent of the state’s power come from renewable sources by 2030, as well as to establish plans to build 3,500 MW of offshore wind by 2030; implement energy efficiency programs to reduce electric and gas usage; and, achieve 2,000 MW of energy storage by 2030.  The governor also signed an Executive Order directing state agencies to develop an Energy Master Plan by June 1, 2019 that provides a path to 100 percent clean energy by 2050.

Potential Action by Other States and DOE

Passage of the new legislation makes New Jersey the fourth state to adopt a program that is intended to provide a new revenue stream to assist nuclear reactors that are in service in an effort to meet the states’ greenhouse gas reduction goals.  Other states that have passed such laws include New York, Illinois and Connecticut.

States with reactors set to retire over the next few years for economic reasons (including Pennsylvania and Ohio) and officials at the U.S. Energy Department (DOE) are reportedly also looking at programs designed to keep nuclear plants operating.

Background

Exelon has announced plans to shut the Oyster Creek reactor in October 2018 pursuant to a long-standing agreement with the state.  In addition, PSEG has warned that it could shut its reactors if they do not receive some sort of federal or state assistance.

By the end of 2021, twenty-four of the operating nuclear power plants in the United States are either set to close or will no longer be profitable according to a report by Bloomberg New Energy Finance (BNEF) that was issued on May 15, 2018.  In addition, the report cautions that more plants are likely to close.

Texas Compact Commission Holds May 2018 Meeting

On May 17, 2018, the Texas Low-Level Radioactive Waste Disposal Compact Commission (Texas Compact Commission) held a regularly scheduled meeting in Austin, Texas.  The meeting began at 9:30 a.m. CDT.  It was held in Room E1.028 at the Texas Capitol, which is located at 1100 Congress Avenue in Austin, Texas.

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 NextEra Point Beach, Entergy Grand Gulf, Talen Energy, Talen Energy (irradiated hardware), RAM Services and Thomas Gray;
  • consideration of and possible action on amendments to existing agreements with Exelon and EnergySolutions;
  • consideration and possible action on May 15, 2018 letter to U.S. Nuclear Regulatory Commission (NRC) regarding the February 14, 2018 notice in the Federal Register relating to the Very Low-Level Waste (VLLW) scoping study;
  • receive reports from Waste Control Specialists LLC (WCS) about recent site operations;
  • receive report from Chair on Texas Compact Commission activities including an update on the to-be-formed committee as a result of recent legislation;
  • report from Leigh Ing, Executive Director of the Texas Compact Commission, on her activities relating to workshops and Texas Compact Commission operations;
  • discussion and possible changes of dates and locations of future Texas Compact Commission meetings in 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

Report Cautions re Early Retirement Risks for U.S. Nuclear Plants

Electricity Demand, Renewable Energy and High Fixed Costs Pressure Nuclear Fleet

By the end of 2021, twenty-four of the operating nuclear power plants in the United States are either set to close or will no longer be profitable according to a report by Bloomberg New Energy Finance (BNEF) that was issued on May 15, 2018.  In addition, the report cautions that more plants are likely to close.  In March 2018, a similar analysis found that half of U.S. coal-fired power plant capacity is also facing significant financial challenges.

Overview

According to Power Magazine, which reported on the BNEF study, the struggling plants have a total generating capacity of 32.5 gigawatts.  The U.S. Energy Information Administration lists the total capacity of the U.S. nuclear power fleet at slightly over 100 gigawatts.

In the BNEF report, analyst Nicholas Steckler and co-author Chris Gadomski state that it would cost approximately $1.3 billion to address the revenue gaps for all of the struggling plants across the country.  The industry has successfully convinced policy makers in states including New York, Illinois and New Jersey to take steps to assist struggling plants in recognition of their emissions-free generation and concerns about job losses.

Despite the cautionary tone, the report finds that the average U.S. nuclear plant still is expected to make money before taxes, especially on the East Coast.

Background

According to the BNEF study, the industry is increasingly challenged by sluggish power demand, inexpensive natural gas and the rise of renewable energy.  This is especially true in the Midwest, where the use of wind power and other renewable power options are being used increasingly.

In this regard, a February 2018 report from BNER and the Business Council for Sustainable Energy found that renewable power had reached 18 percent of the U.S. electricity generation capacity.  The expansion has been spurred, in part, by an increase in hyrdopower investments in the West.  Nuclear power recently contributed about 20 percent, but that figure is declining as operating facilities continue to shut down.

In addition, the U.S. Energy Department (DOE) is currently weighing a March 2018 request from the competitive power unit at FirstEnergy Corporation to declare that an emergency exists its PJM market.  The PJM Energy Market procures electricity to meet consumer’s demands both in real time and in the near term.  It includes the sale or purchase of energy in PJM’s Real-Time Energy Market (five minutes) and Day-Ahead Market (one day forward).  If DOE Secretary Rick Perry agrees to the request, it would mean the PJM would have to compensate both nuclear and coal generators in the at-risk market in order to protect the stability of the grid.

Southwestern Compact Commission Hosts 78th Meeting

On May 15, 2018, the Southwestern Low-Level Radioactive Waste Commission hosted its 78th meeting beginning at 9:00 a.m. PDT at the Sheraton San Diego Hotel & Marina, which is located at 1380 Harbor Island Drive in San Diego, California 92101.

The following topics, among others, were on the meeting agenda:

  • call to order
  • roll call
  • welcome and introductions
  • statement regarding due notice of meeting
  • reports – activity and/or status
  • Commission Chair

–     Executive Director

  • licensing agency

–     party states

  • exportation
  • ratification of approved petitions – 2017 (E-17-111 – E-17-124 & WCS-17-067 – WCS-17-084) and 2018 (E-18-001 – E-18-103 & WCS-18-001 – WCS-18-043)
  • export report – presented by Commissioner Vadnais
  • discuss, review and possible action on impacts of Very Low-Level Waste (VLLW) and by-laws recommended by legal counsel
  • discuss draft policy on “reuse” by legal counsel
  • report on necessary “reserves” and direction from Commission on compact funds
  • update on SONGS, PGE-Diablo, WCS new ownership and visit to Texas
  • executive session pursuant to California Government Code § 11126(a)(1) to report and discuss action regarding interview and contract for legal counsel

return to open session

  • discuss and direct Executive Director pursuant to above closed session, if required
  • review and approved current budget, if necessary
  • public comment
  • future agenda items
  • next meeting – October 5, 2018
  • adjournment

Members of the public were invited to attend the meeting and comment on specific agenda items as the Commission considered them.  The total public comment time on each agenda item was limited to 15 minutes.  Written material was also accepted.  A 15-minute public comment period was provided near the end of the meeting at which time members of the public were invited to bring before the Commission issues relating to low-level radioactive waste but which were not on the agenda.

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

DOE Plans to Move Forward with Key WIPP Infrastructure Upgrade

On May 14, 2018, the Office of Environmental Management (EM) at the U.S. Department of Energy (DOE) announced plans to move forward with a key infrastructure upgrade at the Waste Isolation Pilot Plant (WIPP) in New Mexico.  According to the announcement, the upgrade will enable increased progress in DOE’s mission to address the environmental legacy of decades of nuclear weapons production and government-sponsored nuclear energy research.

Assistant Energy Secretary for Environmental Management Anne White approved the start of construction for the $288 million underground ventilation system.  The Safety Significant Confinement Ventilation System (SSCVS) will be key to DOE’s plans to increase shipments of transuranic waste to WIPP from cleanup sites across the DOE complex.

“This will be a significant improvement for WIPP in support of its critical role in our national mission,” said White.  “I am appreciative of the unwavering support from our local, state and federal elected officials and stakeholders at WIPP who have helped to ensure we have proper funding to make infrastructure improvements, like the new ventilation system.”

According to EM, the SSCVS will significantly increase the amount of air available to the underground portion of the WIPP facility.  As a result, DOE will be able to perform transuranic waste emplacement activities simultaneously with facility mining and maintenance operations.  The new ventilation system will also allow for easier replacement and preventative maintenance activities.  EM expects construction of the new ventilation system to be completed by early 2021.

The new ventilation system is one of a number of infrastructure projects planned for WIPP in the coming years to enable the facility to continue to play an integral role in DOE’s cleanup program.  To date, more than 90,000 cubic meters of transuranic waste have been disposed of at WIPP.

Utah Waste Management and Radiation Control Board Holds Meeting

On May 10 2018, the Utah Waste Management and Radiation Control Board held an electronic/telephonic meeting beginning at 1:30 p.m. in accordance with the Utah Open and Public Meetings Act.

The anchor location of the Board meeting, which was open to the public, was the Red Rocks Conference Room 3132, Department of Environmental Quality (DEQ), in the Multi Agency State Office Building that is located at 195 North 1950 West in Salt Lake City, Utah.

Agenda

The following items, among others, were on the agenda for the May 2018 Board meeting:

  1. Call to Order
  1. Approval of Meeting Minutes for the April 12, 2018 Board Meeting (Board Action Item)

III.    Underground Storage Tanks Update

  1. X-Ray Program
  1. Approval of Mammography Imaging Medical Physicists (MIMPs) in accordance with UCA-19-6-104(2)(b). (Board Action Item)
  1. Adjourn

Background

The Board—which is appointed by the Utah Governor with the consent of the Utah Senate—guides development of Radiation Control policy and rules in the state.

The Board holds open meetings ten times per year at locations throughout the state.  A public comment session is held at the end of each meeting.

Copies of the Utah Waste Management and Radiation Control Board meeting agendas and packet information can be found at http://www.deq.utah.gov/boards/waste/meetings.htm.  

For additional information, please contact Rusty Lundberg, Deputy Director of the Division of Waste Management and Radiation Control at the Utah Department of Environmental Quality, at (801) 536-4257 or at rlundberg@utah.gov.

NRC Seeks Comments re Retrospective Review of Administrative Regulations

On May 3, 2018, the U.S. Nuclear Regulatory Commission (NRC) announced that the agency is soliciting public comments on its strategy for identifying administrative regulations that are outdated or duplicative and can be eliminated without an adverse effect on the agency mission.  (See 83 Federal Register 19,464 dated May 3, 2018.)  The NRC anticipates this effort will improve how applicants and licensees submit information, keep records and report to the agency.

Overview

The goal of the retrospective review is to enhance the management and administration of regulatory activities, as well as to ensure that the agency’s regulations remain current and effective.  The effort is limited to identifying outdated or duplicative, non-substantive administrative regulations that may be eliminated without an adverse effect on public health or safety, common defense and security, protection of the environment, or regulatory efficiency and effectiveness.

In particular, the review is intended to identify regulatory changes that are administrative in nature and which will make information submittal, record keeping and reporting processes more efficient for the agency, applicants and licensees.

Specific Questions

The NRC is providing an opportunity for the public to submit information and comments on the criteria that the NRC proposes to use to identify administrative requirements for potential modification or elimination. The NRC is particularly interested in gathering input in the following areas:

  • Do the proposed evaluation criteria serve the purposes described in this notice? Why or why not?
  • The NRC is considering whether the burden reduction minimum is appropriate. Is “significant burden” the appropriate measure?  Are the examples given for the third identified criterion appropriate or useful?  Should the NRC use different bases for measuring “significant burden” and, if so, what are these measures and how would they result in a more accurate or complete measurement of burden?
  • The NRC is considering multiple thresholds for different classes of regulated entities, as a single threshold might not be useful to identify burden reductions for all licensee types. What is the appropriate threshold for your entity class (e.g., operating reactor, industrial radiographer, fuel cycle facility)?
  • Are there other evaluation criteria the NRC should consider using in its retrospective review of administrative regulations? What are those criteria and why?

Interested stakeholders may suggest other criteria.  In such case, NRC requests that stakeholders provide supporting rationale for any alternative criteria.

Submitting Comments

The comment period will run until July 2, 2018.  Comments received after this date will be considered if deemed practical to do so.  Due to the NRC’s schedule for completing the retrospective review of administrative regulations, the agency will not prepare written responses to each individual comment.  Comments can be submitted through the following methods:

  • facsimile to (301) 415-1101;
  • mail to Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, ATTN: Rulemakings and Adjudications Staff; or,
  • hand deliver to 11555 Rockville Pike, Rockville, MD 20852 between 7:30 a.m. to 4:15 p.m. on federal workdays.

Interested stakeholders are requested to please include Docket ID NRC-2017-0214 in any submission.

Background

On August 11, 2017, the NRC announced that the agency was initiating — beginning in the fall of the calendar year 2017 — a retrospective review of its administrative regulations to identify those rules that are outdated or duplicative.  Once identified, the regulations will be evaluated to determine whether they can be eliminated without impacting the agency’s mission.

On November 22, 2017, the NRC staff issued SECY–17–0119, “Retrospective Review of Administrative Regulations,” which provided for Commission approval of the NRC staff’s proposed strategy for the retrospective review of regulations.  The staff requirements memorandum associated with SECY– 17–0119 approved the NRC staff’s proposal and directed staff to implement the strategy.

Overall, the goal of the retrospective review is to enhance the management and administration of regulatory activities and to ensure that the agency’s regulations remain current and effective.  The review is intended to identify regulatory changes that are administrative in nature that will make the information submittal, record keeping, and reporting processes more efficient for the staff, applicants, and licensees.

The strategy takes into consideration the agency’s overall statutory responsibilities, including mandates to issue new regulations, the number of regulations in Chapter I of title 10 of the Code of Federal Regulations and available resources.  According to NRC, this effort will not impact the agency’s mission, as it will be limited to identifying outdated or duplicative, non-substantive administrative regulations.

For additional information, please contact Margaret Ellenson of the NRC’s Office of Nuclear Material Safety and Safeguards (NMSS) at (301) 415-0894 or at Margaret.Ellenson@nrc.gov or Andrew Carrera of NMSS at (301) 415-1078 or at Andrew.Carrera@nrc.gov.

NRC Announces Senior Management Selections

On May 3, 2018, the U.S. Nuclear Regulatory Commission (NRC) announced the following senior management selections in the Office of New Reactors (NRO), the Office Nuclear Regulatory Research (RES), the Office of Nuclear Reactor Regulation (NRR) and the Office of Commission Appellate Adjudication (OCAA):

  •   Office of New Reactors:  Frederick Brown will become Director of NRO, effective immediately.  Brown, whose permanent position was Deputy Executive Director for Materials, Waste, Research, State, Tribal, Compliance, Administration, and Human Capital Programs, has been serving as the NRO Acting Director.  He joined the NRC in 1994, working in Region III, having served in both resident and senior resident inspector positions.  After joining the Senior Executive Service (SES), Brown held positions in NRO and NRR, including Director of the Division of Inspection and Regional Support. He worked in Region II as the Deputy Regional Administrator for Construction and has worked in various SES positions in the Office of the Executive Director for Operations and the Office of the Chief Information Officer.  Before joining the NRC, Brown worked as an engineer, supervisor, and manager at California’s Mare Island Naval Shipyard.  He holds a Bachelor of Science degree, with a double major from the United States Merchant Marine Academy at Kings Point, New York.
  •   Office of Nuclear Regulatory Research:  Effective July 3, 2018, Raymond Furstenau will become Director of RES, following the retirement of Mike Weber.  Furstenau will transition to the NRC later this month from his current SES position at the U.S. Department of Energy (DOE), where he serves as Associate Principal Deputy Assistant Secretary and Central Technical Authority of the Office of Nuclear Energy.  He has previously served as the Chief of Nuclear Safety for the Under Secretary of Energy.  Prior to his senior leadership positions at DOE, Furstenau worked in various roles at the DOE Idaho Operations Office for more than 25 years, providing federal oversight of nuclear energy and national security research programs and safety oversight of nuclear facility operations at the Idaho National Laboratory.  He also served in the military on active duty as an officer in the Army Finance Corps and in the Army Reserve.  Furstenau holds a Bachelor of Science degree in Applied Science and Engineering from the U.S. Military Academy and a Master of Science degree in Nuclear Science and Engineering from Idaho State University.
  •   Office of Nuclear Reactor Regulation:  Ho Nieh will become Director of NRR in August.  Nieh, a member of the SES, will return to the NRC this summer from the Organisation for Economic Cooperation and Development, where he serves as the Director of the Division of Nuclear Safety Technology and Regulation at the Nuclear Energy Agency.  He began his NRC career in 1997 as an engineer in Region I, joining the agency after serving in various engineering positions at the Knolls Atomic Power Laboratory.  At the NRC, Nieh worked as a resident and senior resident inspector before joining the newly created Office of Nuclear Security and Incident Response in 2003.  He has also served in various management positions in NRR, including as Director of the Division of Inspection and Regional Support, as well as Director of the Division of Reactor Projects.  Additionally, Nieh was assigned to the International Atomic Energy Agency (IAEA), Department of Nuclear Safety and Security.  He also served as Chief of Staff to NRC Commissioner Bill Ostendorff.  He graduated from the U.S. Naval Nuclear Power School and holds a Bachelor of Engineering in Marine Engineering from the State University of New York Maritime College and a Master of Business Administration from Johns Hopkins University.
  •   Office of Commission Appellate Adjudication:  Effective June 24, 2018, Catherine Scott will become Director of OCAA.  She most recently served in the Office of the General Counsel (OGC) in the position of Assistant General Counsel for Operating Reactors from 2016 to the present and for Materials Litigation and Enforcement from 2008 to 2016.  She was appointed to the Committee to Review Generic Requirements in 2017.  Scott also served as a legal assistant to NRC Commissioner Peter Lyons from 2005 to 2008.  In 2001, she was assigned a detail position to the Committee on Energy and Commerce in the U.S. House of Representatives.  Scott began her career as an attorney in the Reactor Programs division in OGC.  She is a graduate of Boston University and Suffolk University Law School.

For additional information, please contact the NRC Office of Public Affairs at (301) 415-8200.

Low-Level Radioactive Waste Forum Establishes New Working Group

Will Address NRC Activities, Initiatives and Rulemakings

During the spring 2018 meeting of the Low-Level Radioactive Waste Forum (LLW Forum) in California, the organization’s Board of Directors passed a resolution to establish a new working group.

The purpose of the new working group is to review, consider and provide timely input and feedback from the states and low-level radioactive waste compact commissions on activities, initiatives and rulemakings of the U.S. Nuclear Regulatory Commission (NRC).

The text of the resolution, as approved by vote of the LLW Forum Board of Directors, is as follows:

As the U.S. Nuclear Regulatory Commission (NRC) has several significant activities, initiatives and rulemakings ongoing related to the management and disposition of low-level radioactive waste including, but not limited to:

  • completion of work on a final rule to amend Title 10 of the Code of Federal Regulations (10 CFR) Parts 20, “Standards for Protection Against Radiation,” and Part 61, “Licensing Requirements for Land Disposal of Radioactive Waste;”
  • outreach regarding proposed revisions to its guidance document for alternative disposal requests entitled, “Guidance for the Reviews of Proposed Disposal Procedures and Transfers of Radioactive Material Under 10 CFR 20.2002 and 10 CFR 40.13(a);”
  • preparation for a very low-level radioactive waste (VLLW) scoping study to identify possible options to improve and strengthen the NRC’s regulatory framework for the disposal of the anticipated large volumes of VLLW associated with the decommissioning of nuclear power plants and material sites, as well as waste that might be generated by alternative waste streams that may be created by operating reprocessing facilities or a radiological event;
  • publication of a draft regulatory basis for proposed new regulations on the decommissioning of commercial nuclear power reactors;

As various additional NRC activities, initiatives and rulemakings are planned upon the completion of the 10 CFR Part 61 rulemaking including, but not limited to:

  • drafting of proposed changes to 10 CFR Part 20 Appendix G and NUREG/BR-0204, which require that an NRC Uniform Waste Manifest (UWM) be prepared for waste intended for ultimate disposal at a licensed low-level radioactive waste land disposal facility;
  • consideration of a potential rulemaking on waste classification tables; and,
  • development of a regulatory basis for the disposal of Greater-than-Class C (GTCC) and transuranic waste through means other than a deep geologic disposal, including near surface disposal;

As the NRC is seeking and will continue to seek input from interested stakeholders on the above-referenced and initiatives and rulemakings and other activities related to the management and disposition of low-level radioactive waste;

As all currently operating low-level radioactive waste disposal facilities are regulated by the states in which they are located pursuant to agreements with the NRC;

As the Low-Level Radioactive Waste Forum (LLW Forum) is comprised of designated officials to represent the views and perspectives of states and low-level radioactive waste compact commissions on issues related to the management and disposition of low-level radioactive waste;

As the Low-Level Radioactive Waste Policy Act of 1980 and its 1985 amendments provides that the federal government will provide technical assistance to the states and low-level radioactive waste compact commissions;

As, during a March 2017 meeting, the then-Acting Assistant Secretary for Environmental Management at the U.S. Department of Energy (DOE) informed the LLW Forum that DOE would be reducing its funding to the LLW Forum in FY 2017 by 26% and that other federal agencies need to more equitably participate in future cost-sharing toward this program;

As, in March 2018, DOE notified the LLW Forum of an additional 50% cut in the remaining grant funding allocation for FY 2018;

As, at the fall 2011 LLW Forum meeting, the then-Director of NRC’s Division of Waste Management and Environmental Protection in the Office of Federal & State Materials & Environmental Management Programs specifically requested that the states and low-level radioactive waste compact commissions provide greater input and feedback on NRC activities, initiatives and rulemakings;

As, through the LLW Forum, the states and low-level radioactive waste compact commissions have created working groups to develop and submit input on a variety of NRC activities, initiatives and rulemakings including, but not limited to, the Branch Technical Position on Concentration Averaging and Encapsulation (CA BTP), 10 CFR Part 61 rulemaking, security and accountability of Category 3 radioactive sources and devices, and financial assurance regulations for radioactive byproduct material;

As, these LLW Forum-organized working groups have provided significant benefit and cost efficiencies to the NRC including having the states and low-level radioactive waste compacts resolve, where possible, conflicts and different perspectives prior to the submittal of input on NRC activities, initiatives and rulemakings;

Now Wherefore Be it Resolved that the LLW Forum hereby creates a working group that will review, consider and provide timely input and feedback from the states and low-level radioactive waste compact commissions on NRC activities, initiatives and rulemakings to the extent that financial resources are available;

Now Wherefore Be it Further Resolved that the LLW Forum will submit an unsolicited application for financial assistance to the NRC to fund the activities of the working group pursuant to NRC Management Directive 11.6, Financial Assistance Program, and in line with direction from the DOE for more equitable cost sharing and from NRC for increased comment from the states and low-level radioactive waste compact commissions on NRC activities, initiatives and rulemakings;

Now Wherefore Be it Further Resolved that the LLW Forum Chair, in consultation with the LLW Forum Executive Committee, will be empowered to designate state and compact representatives to participate on the working group;

Now Wherefore Be it Further Resolved that the working group may seek input from other stakeholders including, but not limited to, other federal agencies, waste disposal facility operators, brokers and processors, industry organizations, generators and users of radioactive materials.

 

The spring 2018 LLW Forum meeting was held at the Hyatt Regency Airport Hotel in San Francisco, California on April 16-17, 2018.

The Southwestern Low-Level Radioactive Waste Compact Commission co-sponsored the meeting.

If you have questions or require additional information, please contact Todd D. Lovinger, Esq. — Executive Director of the LLW Forum and Project Director of the Disused Sources and Part 61 Working Groups (DSWG/P61WG) — at (754) 779-7551 or at LLWForumInc@aol.com

FirstEnergy Solutions Declares Bankruptcy and Plant Closing Dates

On March 31, 2018, FirstEnergy Solutions — the parent of First Energy Nuclear Operating Company — filed for bankruptcy protection.  As part of its restructuring plan, the company noted that it intended to close three nuclear power plants.

According to published news reports, FirstEnergy Chief Executive Officer and President Charles E. Jones stated as follows:   “FirstEnergy will remain focused on creating long-term value for its customers, employees and shareholders.  Simply put, we will be better positioned to deliver on the tremendous opportunities for customer-focused growth.”

Plant Closings

The company plans to retreat from its role as an energy generating company.  In this regard, FirstEnergy Solutions intends to close the following plants:

  •  the Davis Besse nuclear plant in Oak Harbor, Ohio by 2020;
  • the two-unit Beaver Valley Power Plant in Shipingport, Pennsylvania by 2021; and,
  •  the Perry Nuclear Power Plant in Perry, Ohio, in 2021.

The company said the closings were a milestone in its path towards redefining itself as a utility and not a power producer.

DOE Filing

Pursuant to the Federal Power Act law, FirstEnergy Solutions has also requested that the U.S. Department of Energy (DOE) declare that an emergency exists its PJM market.  The PJM Energy Market procures electricity to meet consumer’s demands both in real time and in the near term.  It includes the sale or purchase of energy in PJM’s Real-Time Energy Market (five minutes) and Day-Ahead Market (one day forward).

If DOE Secretary Rick Perry agrees to the request, it would mean the PJM would have to compensate both nuclear and coal generators in the at-risk market in order to protect the stability of the grid.

Midwest Interstate Low-Level Radioactive Waste Compact Commission Annual Meeting

Midwest Interstate Low-Level Radioactive Waste Compact Commission

Indiana, Iowa, Minnesota, Missouri, Ohio, Wisconsin
John Linc Stine, Chair;
Alex Moon, Vice-Chair
James Chiles, Executive Director
c/o Minnesota Pollution Control Agency
RMA Division, 520 Lafayette Road North, St. Paul, MN  55155
Voice: 651-757-2272    Fax: 651-297-1456

 

ANNUAL MEETING NOTICE

The Midwest Interstate Low-Level Radioactive Waste Compact Commission will hold its annual meeting by telephone conference call at 10:00 am – 12:00 pm CDT (or an earlier adjournment if the business is completed) (Note: 11:00 am – 1:00 pm EDT for Indiana and Ohio) on Monday, June 11, 2018.

The public is encouraged to attend.  See the list of sites below.

Calling in: Toll-free dial-in number (888) 742-5095;

Conference code:  6805842054

Proposed agenda:

  1. Call to order; roll call
  2. Review of minutes of June 9, 2017, meeting
  3. Review of financial report
  4. Chair’s report
  5. Executive Director’s report
  6. Consultant expenses projected for FY 2019

a. Legal counsel fees
b. Accounting/audit proposal
c. Website fees
d. LLW Forum membership

7. Adoption of FY 2019 budget
8. Other business
9. Adjournment

 

The sites are as follows:

In Indiana: Conference Room A, 11th floor, Government Center North, 100 N. Senate Ave., Indianapolis; for information about the site and handicap access, call 317.234.0338.

In Iowa: Fifth Floor West Conference Room, IA Department of Natural Resources, Wallace State Office Building, 502 East 9 th Street, Des Moines;. For information about the site and handicap access, call Iowa DNR Customer Service at 515.725.8200.

In Minnesota: Conference Room 501, Minnesota Pollution Control Agency, 520 Lafayette Road North, St. Paul; 55155. For information about the site and handicap access, call 651.757.2138.  For directions, see map at www.pca.state.mn.us

In Ohio: Ohio Department of Health, 246 N. High Street, Columbus.  For information about the site and handicap access, call 614.644.2727.

In Wisconsin: Dept. of Health Services, 1 W. Wilson St., Rm 150 (CR 150), Madison, WI  53702.  For information about the site and handicap access, call Susan Hagstrom at 608.267.4793

Utah Waste Management and Radiation Control Board Meets

On April 12, 2018, the Utah Waste Management and Radiation Control Board held a regularly scheduled meeting beginning at 1:30 p.m. MT in Salt Lake City, Utah.  The meeting, which was open to the public, was held in Conference Room 1015, Department of Environmental Quality (DEQ) Board Room, in the Multi Agency State Office Building that is located at 195 North 1950 West in Salt Lake City, Utah.

Agenda  The following items, among others, were on the agenda for the April 2018 Board meeting:

  • call to order;
  • approval of meeting minutes for the February 8, 2018 Board meeting (Board Action Item);
  • underground storage tanks update;
  • administrative rules:

–     approval to proceed with formal rulemaking and public comment on a proposed rule change to R313-37, Physical Protection of Category 1 and Category 2 Radioactive Materials, to incorporate federal regulatory changes promulgated by the U.S. Nuclear Regulatory Commission.  (Board Action Item);

  • used oil section:

–     final adoption of rule changes to R315-15, Standards for the Management of Used Oil Rules.  (Board Action Item);

  • Director’s report:

–     proposed Stipulation and Consent Order between the Board and EnergySolutions, LLC.  (Information Item Only);

  • other business:
  • miscellaneous information item;
  • scheduling of next Board meeting;
  • election of Board Chair and Vice Chair (Board Action Item); and,
  • adjourn.

Background

The Board—which is appointed by the Utah Governor with the consent of the Utah Senate—guides development of Radiation Control policy and rules in the state.  The Board holds open meetings ten times per year at locations throughout the state.  A public comment session is held at the end of each meeting.

Copies of the Utah Waste Management and Radiation Control Board meeting agendas and packet information can be found at http://www.deq.utah.gov/boards/waste/meetings.htm.  

For additional information, please contact Rusty Lundberg, Deputy Director of the Division of Waste Management and Radiation Control at the Utah Department of Environmental Quality, at (801) 536-4257 or at rlundberg@utah.gov.

Public Meetings Scheduled re Proposed Holtec Consolidated Interim Spent Fuel Facility in New Mexico

On April 9, 2018, the U.S. Nuclear Regulatory Commission (NRC) announced that the agency is seeking public comment on the scope of its environmental review of Holtec International’s application for a license to construct and operate a consolidated interim spent fuel storage facility in Lea County, New Mexico.  NRC staff will hold a series of public meetings in late April and early May to describe the review process and take public comments.

Overview

According to the license application, Holtec is seeking to store up to 8,680 metric tons of uranium in commercial spent fuel in the Holtec International Storage Module Underground “MAXimum” Capacity (HI-STORM UMAX) Storage System for a 40-year license term.  The subterranean used nuclear fuel storage system has a maximum storage capacity of 10,000 canisters.  The initial license application is for 500 storage cavities.  The NRC previously certified HI-STORM UMAX in Docket number 72-1040.

“Engineered over a decade ago and licensed by the NRC in 2015, HI-STORM UMAX is physically sized to store all of the used nuclear fuel produced in the U.S. and all canisters currently licensed in dry storage in the country making it a truly universal used fuel storage facility,” states Holtec.  “Already deployed at multiple nuclear power plants around the U.S. …, the HI-STORM UMAX stores the stainless steel canister containing the spent fuel or high-level waste entirely below-ground to serve as a ‘security-friendly’ storage facility, providing a clear, unobstructed view of the entire CISF from any location.  HI-STORE CIS is envisioned to unify the storage of all different storage canisters (both vertically and horizontally stored) in one standardized HI-STORM UMAX cavity system simplifying operations and aging management activities.”

“Storing the Nation’s used nuclear fuel in the HI-STORM UMAX system is a temporary measure, as the stainless-steel canisters are easily retrievable and ready for transport pending the determination of a safe permanent solution for managing used nuclear materials.,” continues Holtec.  “The canisters are designed, qualified, and tested to survive and prevent the release of radioactive material under the most adverse accident scenarios postulated by NRC regulations for both storage and transportation.”

Holtec is using its own funds to support the licensing action.  According to Holtec, the project has “the enthusiastic support of nuclear-savvy communities in southeastern New Mexico incorporated as the Eddy Lea Energy Alliance (ELEA), LLC.”  If the initial application is approved, Holtec plans to make supplemental submittals to incorporate the various canister types being used in the industry.

The Holtec application and other documents related to the NRC’s review are available on the NRC website at www.nrc.gov.

Public Comment

On April 25, 2018, NRC will hold the first “scoping” meeting at the agency’s headquarters in Rockville, Maryland.  The meeting is scheduled from 7:00 – 9:00 p.m. ET.  There will also be a webinar so people unable to attend in person may follow the meeting.  Interested stakeholders may participate in the meeting via webinar at

https://attendee.gotowebinar.com/register/7824864004787186434.

NRC staff will also hold three meetings in New Mexico as follows:

  • April 30, 2018 from 4:00 – 7:00 p.m. MT at the Eastern New Mexico University- Roswell, Campus Union Building, Multi-Purpose Room 110, which is located at 48 University Boulevard in Roswell;
  • May 1, 2018 from 7:00 – 10:00 p.m. MT at the
Lea County Event Center, which is located at 5101 N. Lovingston Highway in Hobbs; and,
  • May 3, 2018 from 7:00 – 10:00 p.m. MT at the Eddy County Fire Service, which is located at 1400 Commerce Drive in Carlsbad.

The first meeting will be an open house and poster session.  The other two meetings will be full scoping meetings.  NRC staff members will hold an open house one hour before each of the Hobbs and Carlsbad meetings to meet informally with members of the public.  A court reporter will be available to record comments at all locations.  Spanish-speaking staff will be available at the New Mexico meetings to assist with translation.

Background

Holtec submitted its application on March 30, 2017.  The NRC formally docketed the application on February 28, 2018.  On March 30, 2018, NRC published a Federal Register notice requesting public comments on the scope of its environmental review.  (See 83 Federal Register 13,802 dated March 30, 2018.)  Comments will be accepted through May 29, 2018.  On April 6, 2018, NRC published a separate notice about the public meetings.  (See 83 Federal Register 14,897 dated April 6, 2018.)

For additional information, please contact , please contact Erika Grandrimo of Holtec at (856) 797-0090 ext. 3920 or at e.grandrimo@holtec.com or David McIntyre of the NRC at (301) 415-8200.

Anne White Sworn in as Assistant Secretary for Environmental Management

On March 29, 2018, Anne Marie White of Michigan was sworn in as Assistant Secretary for Environmental Management (EM) at the U.S. Department of Energy (DOE).

“As Assistant Secretary, White will provide leadership to continue the safe cleanup of the environmental legacy brought about from five decades of nuclear weapons development and government-sponsored nuclear energy research,” states the DOE press release announcing the swearing in.  “She will work closely with communities that have partnered with DOE and its predecessor agencies for many decades.”

“It is an honor to serve as Assistant Secretary of Energy for EM,” White said.  “I look forward to the challenges ahead and know that with the talented federal staff, our dedicated workers in the field, and the support of a wide array of stakeholders, we will deliver the EM mission safely and cost effectively.”

Overview

White is the founder of Bastet Technical Services, LLC — a consulting firm that has been engaged in providing strategic solutions to solve complex environmental challenges across the DOE complex.  She has more than 25 years of experience across a broad range of activities within the nuclear field, mainly focused on project and program management projects with complex technical, regulatory, and stakeholder challenges.

“She has industry-recognized credentials in technical skills that lead to sound, technically underpinned, cost effective solutions,” stated an earlier announcement.  “She has extensive hands on in the field experience at many of the Environmental Management sites for which she will have responsibility.”

White, who has supported a number of emerging nuclear power nations to develop legal and regulatory structures and national policies, received a Master’s Degree of Science in Nuclear Engineering from the University of Missouri-Columbia.

Background

On January 3, 2018, the White House announced President Donald J. Trump’s intent to nominate White to be the EM Assistant Secretary.  On March 22, 2018, White was confirmed for the position by voice vote of the U.S. Senate.

Since June 2017, James Owendoff has been serving as the Acting EM-1 Assistant Secretary.  In this role, Owendoff has focused on more timely decisions on cleanup projects.

The position was previously held by Monica Regalbuto at the end of the administration of former-President Barack Obama.

For additional information, please contact Douglas Tonkay, Director of the U.S. Department of Energy’s Office of Disposal, at (301) 903-7212 or at Douglas.Tonkay@em.doe.gov or go to www.energy.gov.

Texas Compact Commission Publishes Final Waste Management Rule

On March 23, 2018, the Texas Low-Level Radioactive Waste Disposal Compact Commission (Texas Compact Commission) published a final rule regarding the management of low-level radioactive waste within the Texas Compact in the Texas Register.  (See 43 Texas Register 1,871 dated March 23, 2018.)

In particular, the Texas Compact Commission adopted a new §675.24 titled, “Requirement to Report on the Importation of Certain Low-Level Radioactive Waste for Management or Disposal that is not Required to be Disposed of in the Compact Facility.”  The final rule incorporates changes to the text as originally published in the Texas Register on November 3, 2017.  (See 42 Texas Register 6,123 dated November 3, 217).

Copies of the proposed rule can be obtained from the Texas Compact Commission’s website at http://www.tllrwdcc.org/rules/. 

Summary of the Factual Basis for the Adoption of the New Rule

In order to fulfill its responsibilities with respect to 42 United States Code §§2021(b) – 2021(j) and the Texas Low-Level Radioactive Waste Disposal Compact §3.04(9) and §3.05(6), as set out in Texas Health and Safety Code (THSC), Chapter 403, the Texas Compact Commission has determined that it is in the public interest to gather information regarding low-level radioactive waste that enters the host state irrespective of whether it requires an agreement for importation for disposal at the Compact Facility.

Pursuant to the Commission’s authority set out in THSC §403.006, the Commission adopts a new §675.24 to facilitate the gathering of that information by way of reporting requirements after the entry of the low-level radioactive waste into the state rather than requiring approval for the importation of certain categories of low-level radioactive waste into the host state.

Summary of Changes made in the Proposed Rules after Comments

After reviewing comments received during the public comment period, the Texas Compact Commission:

  •   revised the rule to require semi-annual rather than quarterly reporting;
  •   added language to sub-section (b)(4) to exclude waste that is regulated under §675.23 titled, “Importation of Waste from a Non-Party Generator for Disposal;
  •   revised subsection (b)(4) to clarify that the Texas Compact Commission seeks gross volume or weight of reported waste;
  •   added language to subsection (b)(4) to reflect that waste disposed of in the same reporting period which it was received should not be reported;
  •   revised subsection (c)(2) to clarify the source attributes of waste;
  •   removed subsection (c)(6) and combined information sought regarding location of management or the date and location of disposal of waste into subsection (c)(5);
  •   added language to subsection (d) to set forth the term of the Texas Compact Commission’s fiscal year;
  •   added language to subsection (d) to note that entities with a reporting obligation may do so on their own forms so long as the Texas Compact Commission provides prior authorization of the forms; and,
  •   added language to note that new entrants that import waste into the host state must enter into an agreement with a reporting requirement within 30 days of commencement of operations.

Public Comment and Commission Responses

The public comment period on the proposed new rule opened on November 3, 2017 and closed at midnight on December 8, 2017.  On January 29, 2015, the Rules Committee of the Texas Compact Commission conducted a meeting to consider comments on the proposed rule in the Office of the Attorney General of Texas.

During the public comment period, the Commission received written comments from EnergySolutions, Nuclear Sources & Services (NSSI), and Waste Control Specialists LLC (WCS).  EnergySolutions supports adoption of the rule.  WCS does not oppose adoption of the rule.  NSSI believes the rule is inapplicable to its operations based on other law.

Concise Restatement of Statutory Authority

A new §675.24 is adopted pursuant to Public Law 105-236 and the Texas Low-Level Radioactive Waste Disposal Compact as set out in THSC Chapter 403.

  •   Texas Compact §3.05(4) grants the Texas Compact Commission the rulemaking authority to carry out the terms of the Texas Compact.
  •   Texas Compact §3.04(9) authorizes the Texas Compact Commission to assemble and make public information concerning low-level radioactive waste management needs, technologies and problems.
  •   Texas Compact §3.05(6) authorizes the Texas Compact Commission to enter into agreements regarding the management and disposal of low-level radioactive waste.

The Texas Compact Commission interprets the foregoing provisions as authority to require reporting of information on NCFW.  A new §675.24 will further the public interest by gathering and monitoring information regarding low-level radioactive waste that enters the host state irrespective of whether it requires an agreement for importation for disposal at the Compact Facility.

Background

On November 3, 2017, the Texas Compact Commission published a proposed rule regarding the management of low-level radioactive waste within the Texas Compact in the Texas Register.  (See LLW Notes, November/December 2017, pp. 11-13.)  Comments on the proposed rule were due no later than the close of business on December 8, 2017.

The proposed new §675.24 related to a requirement to report on the importation of certain low-level radioactive waste for management or disposal that is not required to be disposed in the Texas Compact Facility.  In order to fulfill its responsibilities, the Texas Compact Commission determined that it is in the public interest that it gathers information regarding low-level radioactive waste that enters the host state irrespective of whether it requires an agreement for importation for disposal at the Texas Compact facility.

The proposed new §675.24 sought to facilitate the gathering of that information by the way of reporting requirements after the entry of the low-level radioactive waste into the state rather than requiring approval for the importation of certain categories of low-level radioactive waste into the host state.

For additional information, please contact Texas Compact Commission Executive Director Leigh Ing at (512) 217-8045 or at leigh.ing@tllrwdcc.org

Utah Announces Final Adoption of Rule Changes to R313-25

On March 9, 2018, the Utah Division of Waste Management and Radiation Control notified interested stakeholders of the following rulemaking actions that were taken by the Waste Management and Radiation Control Board during its meeting on February 8, 2018:

  • final adoption of rule changes to R313-25, License Requirements for Land Disposal of Radioactive Waste — General Provisions, as published in the Utah State Bulletin on November 1, 2017 except for paragraph R313-25-51.5(3);
  • approve filing with the Office of Administrative Rules of a Notice of Change in Proposed Rule to delete paragraph R313-25-51.5(3) and renumber the subsequent paragraph; and,
  • set an effective date of April 16, 2018 for the above rule changes.

The notice of Change in Proposed Rule was published in the March 1, 2018 issue of the Utah State Bulletin.

Overview of Rule Change

During the 2017 General Session, the Utah legislature passed S.B. 79, Waste Management Amendments, which requires the Waste Management and Radiation Control Board to (1) modify financial assurance requirements for the closure and post-closure care of a radioactive waste disposal facility and (2) make conforming and clarifying amendments as to “facility” definitions adopted in S.B. 79.

Although financial assurance requirements have existed in Rule R313-25 for several years, the proposed changes are being made in order to meet the prescribed rulemaking direction found in S.B. 79 and to provide the tools and flexibility the Director believes are necessary to implement S.B. 79.

More specifically, S.B. 79 allows radioactive waste licensees the opportunity to rely on either (i) RS Means or (ii) a “competitive site-specific estimate” as the basis for calculating financial surety.  While RS Means represents a national average of heavy civil construction costs, S.B. 79 did not provide a definition for “competitive site-specific estimate.”

Based on the legislative history of S.B. 79, it was apparent to the Director that this undefined term referred to local market costs.  Based on the Utah Supreme Court case, Associated General Contractors v. Board of Oil, Gas and Mining (2001 UT 112, 38 P.3d 291), the Director in this rulemaking proposes to: define this term; provide the Division with access to local market expertise from heavy civil contractors or cost estimators who are familiar with local market construction costs in order to review and validate the information submitted by a licensee; and, provide that the licensee fund such review costs.

The proposed changes to Section R313- 25-31 incorporate the mandatory new rule text from S.B. 79.  In addition a new section, R313-25-31.5, is being added to include the changes summarized above.

Background

During the 2015 General Session, the Utah legislature passed S.B. 173 that required the Board to perform rulemaking to make changes to portions of UAC R313-25 regarding financial assurance requirements for the closure and post closure care of a low-level radioactive waste disposal facility.  However, rulemaking was deferred because the U.S. Nuclear Regulatory Commission (NRC) determined that certain provisions of S.B. 173 were incompatible with federal law.  These incompatibility issues were not fully resolved until the 2017 General Session of the legislature, when additional changes were made to the statute with the passage of S.B. 79, correcting the incompatible provisions.  S.B. 79 also modified certain facility definitions, triggering the need for conforming amendments in R313-25.

At a meeting of the Utah Waste Management and Radiation Control Board on October 12, 2017, the Board approved proceeding with formal rulemaking and public comment by filing with the Office of Administrative Rules and publishing in the Utah State Bulletin of proposed changes to UAC R313-25.  The proposed changes were subsequently published in the November 1, 2017 issue of the Utah State Bulletin.

The public comment period began on November 1, 2017 and concluded on December 1, 2017.  One commenter (EnergySolutions) submitted comments during the public comment period.  In a letter dated January 10, 2018, the Director responded to the comments.  Based on the comments received, an additional change to R313- 25 is being proposed in order to delete paragraph R313-25- 31.5(3) and renumber the subsequent paragraph.

Utah administrative rulemaking procedures require a Notice of Change in Proposed Rule be prepared and filed with the Office of Administrative Rules for subsequent publication in the Utah State Bulletin.  When published in the Utah State Bulletin, only the additional changes (i.e., paragraph deletion and paragraph renumbering) to R313-25 will be marked and the financial impact information will only address the additional changes.  All other rule changes previously published and not being further changed are considered to be final when published as part of the Notice of Change in Proposed Rule.

For additional information, please contact Don Verbica at (801) 536-0206 or at dverbica@utah.gov or Rusty Lundberg at (801) 536-4257 or at rlundberg@utah.gov.

NRC Issues Annual Assessments for Nation’s Nuclear Plants

On March 5, 2018, the U.S. Nuclear Regulatory Commission (NRC) announced that the agency has issued annual letters to the nation’s 99 commercial nuclear power plants operating in 2017 regarding their operational performance throughout the year.  All but three plants were in the two highest performance categories.

Overview

Of the 96 highest-performing reactors, 83 met all safety and security performance objectives and were inspected by the NRC using the standard “baseline” inspection program.

The NRC determined that 13 reactors needed resolution of one or two items of low safety significance.  For this performance level, regulatory oversight includes additional inspections and follow-up of corrective actions.  Plants in this level include: Browns Ferry 1, 2 and 3 (Alabama); Catawba 2 (South Carolina); Clinton (Illinois); Columbia (Washington); Diablo Canyon 2 (California); Fermi 2 (Michigan); Grand Gulf (Mississippi); Perry (Ohio); Sequoyah 1 and 2 (Tennessee); and, Wolf Creek (Kansas).  Diablo Canyon 2 and Fermi 2 have resolved their findings since the reporting period ended and have transitioned to the highest performing level.

There were no reactors in the third performance category with a degraded level of performance. The NRC noted that there were three reactors in the fourth performance category.  Arkansas Nuclear One 1 and 2 require increased oversight because of two safety findings of substantial significance.  Pilgrim (Massachusetts) is in the fourth performance category because of long-standing issues of low-to-moderate safety significance.  Additional inspections will be conducted to confirm that the performance issues are being addressed.

Next Steps

Later this spring and summer, the NRC will host a public meeting or other event near each plant to discuss the details of the annual assessments.  A separate announcement will be issued for each public assessment meeting.  In addition to the annual assessment letters, plants also receive an NRC inspection plan for the coming year.

Background

Information on the NRC’s oversight of commercial nuclear power plants is available through the NRC’s webpage on the Reactor Oversight Process.  The NRC routinely updates information on each plant’s current performance and posts the latest information as it becomes available to the action matrix summary.  To see the 2017 assessment letters, click on “2017q4” for each plant.  Annual construction oversight assessments for new reactors at the Vogtle Unit 3 and 4 sites are also on the NRC website.

For additional information, please contact the NRC’s Office of Public Affairs at (301) 415-8200.

State of Texas Reduces Disposal Surcharges

In late 2017, the State of Texas agreed to reduce disposal surcharges for a 24-month limited period of time at the Waste Control Specialists (WCS) facilities in Andrews County, Texas.  In particular, gross revenue fees for in-compact customers have been cut in half—reduced from a total of 10% to 5%.  Gross revenue fees for out-of-compact customers have been reduced from 31.25% to 16.25%.

WCS released the following statement regarding reduced disposal surcharges:

Waste Control Specialists is delighted to inform customers that — for a limited time — the state has significantly reduced its disposal surcharges for those customers currently disposing low-level radioactive waste at the WCS facilities in Andrews County.  For both in-compact and out-of-compact generators, this will result in significant cost savings … 

These are significant reductions and already resulting in dramatic cost-savings for our customers.  This should encourage our customers to dispose of low-level radioactive waste in our state-of-the-art facility in Andrews County and we are already seeing an uptick in scheduled disposal shipments …

The new fee structure, which was passed by the Texas Legislature in 2017 and is now in effect, will remain in place through August 31, 2019.  According to WCS, “waste will be taken on a first-come, first-served basis” during the reduced surcharge period.  It is unclear as to what will happen at the end of the 24-month window of cost savings.

For additional information, please contact WCS representative Chuck McDonald at (512) 658-5958 or at chuck@mcdonaldpr.com.

NRC to Host Public Meeting re VLLW Scoping Study and Disposal of GTCC and Transuranic Waste

On February 22, 2018, the Office of Nuclear Material Safety and Safeguards (NMSS) of the U.S. Nuclear Regulatory Commission (NRC) will host a public meeting to discuss the Very Low-Level Radioactive Waste (VLLW) Scoping Study and concerns associated with the disposal of Greater-than-Class C (GTCC) waste.

The public meeting will be held in the auditorium at the agency’s headquarters in Rockville, Maryland.  It is scheduled from 9:00 a.m. to 3:00 p.m. on February 22, 2018.

Interested stakeholders may participate via webinar or teleconference using the following information:

Webinar

Interested stakeholders may participate in the public meeting via webinar using the following link:

Teleconference

Interested stakeholders may participate in the public meeting via teleconference using the following information:

  • Teleconference Number: (800) 857-9840
  • Teleconference Password: 4975456

This meeting will be transcribed and will have a facilitated bridgeline.

For additional information on the NRC public meeting, please contact Cardelia Maupin at (301) 415-2312 or Maurice Heath at (301) 415-3137.

NRC Seeks Public Comment re Development of Regulatory Basis for Alternative Means of Disposal of GTCC and Transuranic Waste

On February 14, 2018, the U.S. Nuclear Regulatory Commission (NRC) issued a Federal Register notice announcing that the agency is seeking stakeholder participation and involvement in identifying the various technical issues that should be considered in the development of a regulatory basis for the disposal of Greater-than-Class C (GTCC) and transuranic radioactive waste through means other than a deep geologic disposal, including near surface disposal.  (See 83 Federal Register 6,475 dated February 14, 2018.)

As part of the process, the NRC is requesting that interested stakeholders respond to specific questions contained in the Federal Register notice.  Comments are due by April 16, 2018.  Comments considered after this date will be considered if it is practical to do so, but the NRC is only able to ensure consideration of comments received on or before the deadline.

Specific Request for Comment

The NRC is seeking stakeholder participation and involvement in identifying the various technical issues that should be considered in the development of a draft regulatory basis for the disposal of GTCC and transuranic radioactive waste through means other than a deep geologic disposal, including near surface disposal.  To assist in this process, the NRC staff is requesting that interested stakeholders respond to the questions below.  In addition, the NRC staff has conducted some initial technical analyses to assist its understanding of potential hazards with near surface disposal of GTCC and transuranic wastes, which are contained in draft “NRC Staff Analyses Identifying Potential Issues Associated with the Disposal of Greater-Than-Class C Low- Level Radioactive Waste.”  The draft analyses should assist in providing responses to the following questions:

  1. What are the important radionuclides that need to be considered for the disposal of the GTCC and transuranic wastes?

The U.S. Department of Energy (DOE) has described three broad categories of GTCC wastes, including a range of transuranic radionuclides, in its “Final Environmental Impact Statement for the Disposal of Greater-than-Class C (GTCC) Low-Level Radioactive Waste and GTCC-Like Waste.”  (See LLW Notes, November/December 2017, pp. 1, 23-28.)  The three categories are entitled activated metals, sealed sources and other wastes.  The attributes (i.e., radionuclide concentrations, heat generation, and waste form) vary significantly between the three categories.  Certain waste streams represent a very specific waste form (i.e., stainless steel for most activated metals; very concentrated amounts in sealed sources) that may require specific treatment to mitigate potential safety, security and criticality concerns.  Some waste streams may contain sufficient quantities of specific radionuclides that will present a significant thermal output and/or gas generation through radiolysis.  Still other waste streams may contain a significant quantity of fissile radionuclides (i.e., some isotopes of uranium and plutonium).  The NRC is interested in identifying those radionuclides that could be important for evaluating the safety and security of storage associated with the operational period at a disposal facility and the post-closure period (including inadvertent intruder protection).  Additionally, the NRC is interested in obtaining available data and information to support the characteristics of GTCC and transuranic wastes.

  1. How might GTCC and transuranic wastes affect the safety and security of a disposal facility during operations (i.e., pre-closure period)?

The presence of sufficient quantities of high activity radionuclides and/or fissile radionuclides in GTCC and transuranic wastes may impact the design and operational activities associated with a disposal facility prior to disposal.  The NRC is interested in identifying those design and operational activities at a disposal facility that may be impacted by GTCC and transuranic wastes.  For example, the requirements in 10 CFR Part 73 would require licensees to develop safeguards systems to protect against acts of radiological sabotage and to prevent the theft or diversion of Special Nuclear Material (i.e., transuranic waste such as plutonium, uranium-233 or uranium enriched in the isotopes uranium-233 or uranium-235) if a sufficient amount of Special Nuclear Material were present above ground at the disposal facility. 

  1. How might GTCC and transuranic wastes affect disposal facility design for post-closure safety including protection of an inadvertent intruder?

The NRC is considering disposal units (i.e., a single trench, borehole, and vault) that would contain a single category of waste (i.e., sealed sources) as well as disposal units that contain a mixture of all three waste types.  However, the NRC believes the best approach for understanding the issues would be to assume that waste within a disposal unit would be separated by the waste category and not be co-mingled.  Such an approach could provide a clear understanding of the issues associated with how a specific waste category might affect disposal facility design.  Certain waste streams associated with GTCC and transuranic wastes have larger inventories and concentrations of radionuclides than was typically considered at low-level radioactive waste disposal facilities.  For example, certain GTCC and transuranic wastes in sufficient quantities have the potential for significant thermal output that could affect degradation processes within a disposal unit and hydrogen gas generation through radiolysis that could also affect degradation processes of the waste package and waste form.  Additionally, waste streams associated with GTCC and transuranic wastes may have fissile materials that require facilities to be designed to limit the potential for a criticality event or limit the amount of fissile material that can be disposed.  There is a potential balance between security/safety and economic feasibility of design, construction and operation.  The NRC would like to hear from the stakeholders on these aspects as well.  The information provided on economic feasibility would be in concert with the NRC’s strategies on examining the cumulative effects of potential regulatory actions.  The NRC is interested in identifying the various scenarios that should be considered in evaluating the post-closure safety for the disposal of GTCC and transuranic waste—especially scenarios associated with specific issues and concerns that may not have been previously considered for commercial disposal facilities (i.e., synergistic effects of the thermal output on geochemical processes affecting release of radionuclides).

Submitting Comments

Interested stakeholders may submit comments by any of the following methods:

  •   Email Comments to:  Email comments to Rulemaking.Comments@nrc.gov.  If you do not receive an automatic email reply confirming receipt, then contact the NRC at (301) 415-1677.
  •   Fax comments to:  Fax comments to Secretary, U.S. Nuclear Regulatory Commission, at (301) 415-1101.
  •   Mail comments to:  Mail comments to Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555– 0001, ATTN: Rulemakings and Adjudications Staff.
  •   Hand deliver comments to:  Comments may be hand delivered to the NRC at 11555 Rockville Pike, Rockville, Maryland 20852 between 7:30 a.m. to 4:15 p.m.

Interested stakeholders are reminded to please include Docket ID NRC 2017-0081 in the subject line of any comment submission.

Background

 

The NRC’s “Licensing Requirements for Land Disposal of Radioactive Waste” are provided in 10 CFR Part 61.  Section 10 CFR 61.2, “Definitions,” provides that waste as used in Part 61 means those low-level radioactive wastes containing source, special nuclear or byproduct material that are acceptable for disposal in a land disposal facility.  The definition also indicates that low- level radioactive waste means radioactive waste not classified as high-level radioactive waste, transuranic waste, spent nuclear fuel or byproduct material as defined in paragraphs (2), (3), and (4) of the definition of byproduct material in § 20.1003.

The Statements of Consideration (SOC) for the 10 CFR Part 61 proposed rule explained that not all waste may be suitable for disposal in the near surface.  Specifically, Section IV, “Purpose and Scope,” of the SOC indicates that, while 10 CFR Part 61 was intended to deal with the disposal of most low-level radioactive waste defined by the Low-Level Radioactive Waste Policy Act, the 10 CFR Part 61 waste classification system identified some low-level radioactive wastes that are not suitable for disposal under its regulatory framework, and alternative methods would have to be used.

In § 61.55, “Waste classification,” the NRC developed a classification system for waste for near surface disposal, which categorizes waste as Class A, B or C.  This provision also describes waste that is not generally acceptable for near-surface disposal, whose disposal methods must be more stringent than those specified for Class C waste.  This waste is referred to as GTCC waste.

Nuclear power reactors, facilities supporting the nuclear fuel cycle and other facilities and licensees outside of the nuclear fuel cycle generate the GTCC waste.  This class of wastes include:

  • plutonium- contaminated nuclear fuel cycle wastes;
  • activated metals;
  • sealed sources; and,
  • radioisotope product manufacturing wastes – i.e., wastes “occasionally generated as part of manufacture of sealed sources, radiopharmaceutical products and other materials used for industrial, education, and medical applications.”

Transuranic waste is not included in the § 61.2 definition of low-level radioactive waste.  In a 1988 amendment to the Atomic Energy Act of 1954, as amended, a definition for transuranic was added.  Transuranic waste is defined as “material contaminated with elements that have an atomic number greater than 92, including neptunium, plutonium, americium, and curium, and that are in concentrations greater than 10 nanocuries per gram [(nCi/g)], or in such other concentrations as the [U.S.] Nuclear Regulatory Commission may prescribe to protect the public health and safety.”  Transuranic waste is a byproduct of nuclear research and power production and is primarily produced from spent fuel recycling, medical isotope production or nuclear weapons fabrication.  The waste may consist of rags, tools and laboratory equipment contaminated with organic and inorganic residues.

The identification and evaluation of regulatory concerns associated with land disposal of GTCC and transuranic waste will largely depend on the characteristics of the wastes – i.e., isotopes; concentrations and volumes of waste; and, physical and chemical properties.  The variable characteristics of the waste can influence the decision regarding the appropriate regulatory approach to use for management and disposal of these wastes.  Overly conservative assumptions for the inventory and characteristics could significantly limit disposal options, whereas, overly optimistic assumptions with respect to characteristics could lead to a disposal facility that may not provide adequate protection of public health and safety and security.

For additional information, please contact Cardelia Maupin of the NRC’s Office of Nuclear Material Safety and Safeguards (NMSS) at (301) 415–4127 or at Cardelia.Maupin@nrc.gov.

NRC to Conduct Very Low-Level Radioactive Waste Scoping Study

On February 14, 2018, the U.S. Nuclear Regulatory Commission (NRC) issued a Federal Register notice announcing the agency’s plans to conduct a very low-level radioactive waste (VLLW) scoping study to identify possible options to improve and strengthen the NRC’s regulatory framework for the disposal of the anticipated large volumes of VLLW associated with the decommissioning of nuclear power plants and material sites, as well as waste that might be generated by alternative waste streams that may be created by operating reprocessing facilities or a radiological event.  (See 83 Federal Register 6,619 dated February 14, 2018.)

As part of the process, the NRC is seeking stakeholder input and perspectives.  Respondents are asked to consider specific questions posed by the NRC staff and other federal agencies in the Federal Register notice.  Comments are due by May 15, 2018.  Comments considered after this date will be considered if it is practical to do so, but the NRC is only able to ensure consideration of comments received on or before the deadline.

Specific Request for Comment

The NRC is interested in receiving comments from a broad range of stakeholders including professional organizations, licensees, Agreement States and members of the public.  Likewise, interested stakeholders with insight into relevant international initiatives are invited to provide their perspectives regarding international best practices related to VLLW disposal or other experiences that the NRC staff should consider.  All comments will be considered and the results of the scoping study will be documented in a publicly available report, which will inform the Commission of the staff’s recommendation for addressing VLLW disposal.

All comments that are to receive consideration in the VLLW Scoping Study must be submitted electronically or in writing.  Respondents are asked to consider the background material (see below) when preparing their comments.  In responding, commenters are encouraged to provide specific suggestions and the basis for suggestions offered.  Specifically, the NRC staff requests comment on the following questions:

  1. The United States does not have a formal regulatory definition of VLLW. What should the NRC consider in developing its own regulatory definition for VLLW?  Is there another definition of VLLW that should be considered?  Provide a basis for your response.
  1. The existing regulatory framework within 10 CFR 61.55 divides low-level radioactive waste into four categories: Class A, Class B, Class C, and GTCC. Should the NRC revise the waste classification system to establish a new category for VLLW?  What criteria should NRC consider in establishing the boundary between Class A and VLLW categories?
  1. The NRC’s alternative disposal request guidance entitled, ‘‘Review, Approval, and Documentation of Low- Activity Waste Disposals in Accordance with 10 CFR 20.2002 and 10 CFR 40.13(a),’’ which is undergoing a revision, allows for alternative disposal methods that are different from those already defined in the regulations and is most often used for burial of waste in hazardous or solid waste landfills permitted under the Resource Conservation and Recovery Act (RCRA). Should the NRC expand the existing guidance to include VLLW disposal or consider the development of a new guidance for VLLW disposal?  Why or why not?
  1. If the NRC were to create a new waste category for VLLW in 10 CFR Part 61, what potential compatibility issues related to the approval of VLLW disposal by NRC Agreement States need to be considered and addressed? How might defining VLLW affect NRC Agreement State regulatory programs in terms of additional responsibilities or resources?
  1. Following the Low-Level Radioactive Waste Policy Amendments Act of 1985, states formed regional compacts for the disposal of low-level radioactive waste. If the NRC were to create a new waste category for VLLW, does it fall within regional compact authority to control VLLW management and disposal?  How might defining VLLW affect regional compacts in terms of additional responsibilities or resources?
  1. U.S. Environmental Protection Agency (EPA)-imposed waste analysis requirements for facilities that generate, treat, store and dispose of hazardous wastes are defined in 40 CFR Parts 264 through 270. How would NRC incorporate and apply waste analysis requirements for VLLW at RCRA Subtitle C and D facilities?  Should the NRC impose concentration limits and/or treatment standards for VLLW disposal?
  1. Are there any unintended consequences associated with developing a VLLW waste category?
  1. What analytical methods/tools should be used to assess the risk of disposing of VLLW at licensed low-level radioactive waste disposal facilities or RCRA Subtitle C and D facilities — i.e., generic or site- specific?
  1. How should economic factors be considered in the VLLW scoping study?

Submitting Comments

Interested stakeholders may submit comments by any of the following methods:

  •   Mail comments to:  May Ma, Office of Administration, Mail Stop: OWFN–2– A13, U.S. Nuclear Regulatory Commission, Washington, DC 20555– 0001.

Background

In 2007, following developments in the national program for low-level radioactive waste disposal, as well as changes in the regulatory environment, the NRC conducted a strategic assessment of its regulatory program for low-level radioactive waste.  The results of this assessment were published in late 2007 in SECY–07–0180, “Strategic Assessment of Low-Level Radioactive Waste Regulatory Program.”  The strategic assessment identified the need to coordinate with other agencies on consistency in regulating low activity waste (LAW) disposal and to develop guidance that summarizes disposition options for low-end materials and waste.

In 2016, the NRC staff conducted a programmatic assessment of the low-level radioactive waste program to identify and prioritize tasks that the NRC could undertake to ensure a stable, reliable and adaptable regulatory framework for effective low-level radioactive waste management.  The results of this assessment were published in October 2016 in SECY–16–0118, “Programmatic Assessment of Low-Level Radioactive Waste Regulatory Program.”  The programmatic assessment identified the need to perform a LAW scoping study as a medium priority.

In International Atomic Energy Agency (IAEA) Safety Guide No. GSG– 1, “Classification of Radioactive Waste,” the IAEA defines VLLW as waste that does not meet the criteria of exempt waste, but does not need a high level of containment and isolation and is therefore suitable for disposal in a near surface landfill type facility with limited regulatory control.  The NRC currently does not have a formal regulatory definition for VLLW, nor has it adopted the IAEA definition.  However, the NRC uses the term VLLW consistent with the international regulatory structure.  In general, the NRC considers VLLW as material containing some residual radioactivity, including naturally occurring radionuclides that may be safely disposed of in hazardous or municipal solid waste landfills.

The LAW scoping study, which was later renamed the VLLW scoping study, will combine several tasks initially defined in the 2007 strategic assessment into one. These tasks include:

  • coordinating with other agencies on consistency in regulating LAW;
  • developing guidance that summarizes disposition options for low-end materials and waste; and,
  • promulgating a rule for disposal of LAW.

As part of the scoping study, the NRC will also evaluate regulatory options that would define the conditions under which LAW, including mixed waste, could be disposed of in Resource Conservation and Recovery Act (RCRA) Subtitle C hazardous waste facilities.

Consistent with SECY–16–0118, the NRC is conducting this VLLW Scoping Study, which will consider disposal of waste as defined by 10 CFR Part 61 as the isolation, by emplacement in a land disposal facility, of radioactive wastes from the biosphere that is inhabited by man and that contains his food chains.  As such, the scoping study will not address non-disposal related disposition pathways including unrestricted release, clearance, reuse or recycle of materials.

The purpose of the VLLW scoping study is to identify possible options to improve and strengthen the NRC’s regulatory framework for the disposal of the anticipated large volumes of VLLW associated with the decommissioning of nuclear power plants and waste that might be generated by alternative waste streams that may be created by fuel reprocessing or a radiological event.  Additionally, the NRC plans to evaluate regulatory options that could define the conditions under which VLLW, including mixed waste, could be disposed of in RCRA hazardous waste facilities.

For additional information, please contact Maurice Heath of the NRC’s Office of Nuclear Material Safety and Safeguards (NMSS) at (301) 415–3137 or at Maurice.Heath@nrc.gov.

NRC Issues Regulatory Basis for New Decommissioning Regulations

On November 27, 2017, the U.S. Nuclear Regulatory Commission (NRC) published in the Federal Register the regulatory basis for proposed new regulations on the decommissioning of commercial nuclear power reactors.  (See 82 Federal Register 55, 954 dated November 27, 2017.)

The regulatory basis supports a proposed rule, which the agency expects to publish for public comment next year.

The regulatory basis titled, “Regulatory Improvements for Power Reactors Transitioning to Decommissioning,” has been assigned NRC Docket ID 2015-0070 and can be found at https://www.nrc.gov/docs/ML1721/ML17215AO1O.pdf.

Overview

In the regulatory basis, the NRC staff concludes that there is sufficient justification to proceed with new regulations in the following areas:

  • emergency preparedness;
  • physical security;
  • cyber security;
  • drug and alcohol testing;
  • training requirements for certified fuel handlers;
  • decommissioning trust funds;
  • financial protection requirements and indemnity agreements; and,
  • application of the backfit rule.

In many cases, these new regulations would formalize steps to transition power reactors from operating status to decommissioning, without the use of exemptions and license amendments.  The NRC staff also recommends clarifying requirements regarding topics such as spent fuel management and environmental reporting requirements.

The NRC staff recommends addressing some topics via updated guidance or inspection procedures in lieu of rulemaking.  These topics include:

  • the role of state and local governments in the decommissioning process;
  • certain staffing requirements; and,
  • aging management of certain plant systems, structures and components.

In addition to the regulatory basis, NRC staff plans to publish a revised preliminary draft of the regulatory analysis, which will update and refine the analysis of costs and benefits.

Background 

The NRC published an Advance Notice of Proposed Rulemaking (ANPR) on the draft regulatory basis for a future power reactor decommission rule in November 2015, seeking public comment on a number of areas to be considered during the rulemaking process.  (See LLW Notes, November/December 2017, pp. 37-38.)  In March 2017, the agency issued a draft regulatory basis in the Federal Register.  (See LLW Notes, March/April 2107, pp. 23-24.)  The NRC staff considered public comments received during both stages in preparing this regulatory basis.

The NRC began a similar rulemaking process in 2000-2001, but stopped after a stronger focus on security was prompted by the terrorist attacks of September 11, 2001.  However, five reactors have permanently shut down since the beginning of 2013, and three more are expected to cease operations by 2019.

The five reactors now undergoing decommissioning required several exemptions from NRC’s regulations for operating reactors to reflect their decommissioning status.  By incorporating changes into regulation, the NRC believes the transition from operation to decommissioning can become more efficient and effective for the agency and the licensee, as well as more open and transparent for the public.

The regulatory basis is publicly available in the NRC’s ADAMS online document database at accession number ML17215A010.  For additional information, please contact David McIntyre of the NRC at (301) 415-8200.

Texas Compact Commission Publishes Proposed Waste Management Rule

On November 3, 2017, the Texas Low-Level Radioactive Waste Disposal Compact Commission (Texas Compact Commission) published a proposed rule regarding the management of low-level radioactive waste within the Texas Compact in the Texas Register.  Comments on the proposed rule were due no later than the close of business on December 8, 2017. 

Copies of the proposed rule can be obtained from the Texas Compact Commission’s website at http://www.tllrwdcc.org/rules/. 

Purpose

The Texas Compact Commission is proposing a new §675.24 relating to a requirement to report on the importation of certain low-level radioactive waste for management or disposal that is not required to be disposed in the Texas Compact Facility.

In order to fulfill its responsibilities with respect to 42 United States Code, §§2021(b) – 2021(j) and §3.04(9) and §3.05(6) of the Texas Compact as set out in Texas Health and Safety Code (THSC) §403.006, the Texas Compact Commission has determined that it is in the public interest that it gather information regarding low-level radioactive waste that enters the host state irrespective of whether it requires an agreement for importation for disposal at the Texas Compact facility.

Proposed new §675.24 seeks to facilitate the gathering of that information by the way of reporting requirements after the entry of the low-level radioactive waste into the state rather than requiring approval for the importation of certain categories of low-level radioactive waste into the host state.

Proposed Rule Language

The proposed rule language is as follows:

  • 675.24. Requirement to Report on the Importation of Certain Low- Level Radioactive Waste for Management or Disposal that is not Required to be Disposed of in the Compact Facility.
  • This section is applicable only in the host state. 


(b)  This section is designed to gather information on the importation into the host state for disposal or management of certain low- level waste that:  

  • is required when shipped to be listed on Nuclear Regulatory Commission (NRC) Forms 540 or 541 (Uniform Low-Level Waste Manifest Shipping Forms);
  • is included within the definition of low-level radioactive waste found in 30 TAC §336.2(89) (relating to Definitions) as the definition is in effect on the date this section becomes effective or as 30 TAC §336.2(89) may be amended or renumbered in the future, but is not intended for disposal in the Compact Waste Facility;
  • is not low-level radioactive waste described by 42 United States Code, §2021c(b)(1); and

(4) for the purposes of this section, the material described in this subsection will be referred to as Non-Compact-Facility Low- Level Radioactive Waste (“NCFW”).  

(c) Any entity in the host state that imports NCFW must enter into an agreement with the Commission that contains a requirement that it will report to the Commission on a quarterly basis the following information with respect to each shipment of NCFW that it has received in the previous quarter:  

  • the name of the generator; 

  • the name of the state and the name of the low-level waste compact (if any) where the waste originated;
  • the activity of the waste in curies; 


(4)  the volume or weight of the waste; the date of receipt; whether the waste is being stored, processed, or otherwise managed;  

(5)  location of management; and 
 

(6)  the date of and location of disposal of that waste. 
 

(d) Quarterly reports must be submitted electronically on forms provided by the Commission and must be submitted before the 31st day after the end of each quarter of the Commission’s fiscal year.  

(e) An entity that imports low-level radioactive waste into the host state as described in subsection (c) of this section shall have entered into an agreement with the Commission within 90 days after the effective date of this section or within such time extensions thereafter as the Commission may allow. To the maximum extent possible, each agreement entered into under this section will contain provisions identical to those in each other agreement entered into under this section.  

(f) An entity that imports waste into the host state as described in subsection (c) of this section shall submit an application for entry into an agreement with the Commission electronically or on paper on a form provided by the Commission.  

(g) Failure on the part of an entity that imports waste into the host state as described in subsection (c) of this section to comply with any provision of this section or the agreement entered into pursuant to subsection (d) of this section may result in the Commission reporting such failures to the host state agency that has licensed, permitted, or otherwise authorized the operation of such entities.  

(h) The Commission may revoke or amend an agreement on its own motion or in response to an application by the agreement holder. When the Commission amends an NCFW agreement on its on motion, it may provide a reasonable time to allow the agreement holder to make the changes necessary to comply with any additional requirements imposed by the Commission. No importation of NCFW shall be allowed under any amended agreement for the importation of NCFW until:  

(1) the amendment to the NCFW agreement has been executed by both the Commission and the agreement holder; and  

(2) the agreement holder has made any changes necessary to comply with additional requirements.

Benefits and Costs

According to the Texas Register notice, the changes in the proposed rule are expected to increase the knowledge available to the Texas Compact Commission and the public with respect to the presence of low-level radioactive waste in the host state.

The notice states, “By requiring a quarterly report of certain information about low-level [radioactive] waste that enters the host state for a purpose other than disposal at the compact facility, the proposed [Texas Compact] Commission rule benefits the host state and the public by allowing more complete tracking of low-level radioactive waste that enters the host state.”

The Texas Compact Commission anticipates that businesses and individuals will have no significant additional economic costs as a result of their compliance with the proposed rule, as the new reporting requirements would require the reporting of minimal information that is already maintained by the entities required to report under the proposed new §675.24.

For additional information, please contact Texas Compact Commission Executive Director Leigh Ing at (512) 217-8045 or at leigh.ing@tllrwdcc.org

Utah DWMRC Notifies Stakeholders of Rulemaking Actions

On November 3, 2017, the Utah Division of Waste Management and Radiation Control (DWMRC) notified interested stakeholders of the following rulemaking actions that were taken by the Waste Management and Radiation Control Board at its meeting on October 12, 2017:

  1. Final adoption of rule changes to incorporate the following in to Title 313 of the Utah Administrative Code and set an effective date of October 13, 2017:
  •  U.S. Nuclear Regulatory Commission (NRC) final rule published in the May 29, 2013 Federal Register (78 Federal Register 32310) under the title of Distribution of Source Material to Exempt Persons and to General Licensees and Revision of General License and Exemptions.
  • Selected corrections and clarifications not associated with the above final rule.

 

  1. Approval to proceed with formal rulemaking and public comment with the following proposed changes to R313-25, License Requirements for Land Disposal of Radioactive Waste – General Provisions, of the Utah Administrative Code:
  •   Proposed amendments to R313-25 to incorporate the rule changes required by S.B. 79 (2017 General Session) to the financial assurance requirements for a radioactive waste disposal facility.  Additional changes to the financial assurance requirements are being made for added detail to the Director’s review of and action on the financial assurance cost estimate submitted by a licensee of a radioactive waste disposal facility.

 

Additional information on the proposed changes to the radiation control rules can be found on the Division website or via the Office of Administrative Rules website for the November 1, 2017 issue (Vol. 2017, No. 21) of the Utah State Bulletin.

 For additional information, please contact Otis Willoughby of the Utah DWMRC at (801) 536-0200.

Modifications Issued re EnergySolutions’ Clive Facility License

On November 2, 2017, EnergySolutions provided notification of the approval of modifications to the Part B Permit issued by the State of Utah for the company’s Clive facility in Tooele County, Utah.  The modifications involved the following changes:

  • 2017-006477: Approval of a Class 1 modification to Revisions to Attachment II-7-1, Overall Facility Closure Cost Summary
  • 2017-006478: Approval of a Class 1 modification to Revisions to Attachment II-7-2, Closure Cost Estimate
  • 2017-006479: Approval of a Class 1 modification to Revisions to Module II, General Facility Conditions, Revision Date List

The above modifications are all related to the 2016 Annual Surety Review modification that was initially submitted on May 23, 2017.

On October 20, 2017, EnergySolutions provided notification of the approval of a modification to the Part B Permit issued by the State of Utah for the company’s Clive facility in Tooele County, Utah.  The modification involved the following changes:

  • 2017-007164: Approval of a Class 1 modification to Revisions to Attachment II-7-1, Overall Facility Closure Cost Summary

Questions regarding these modifications or requests for review of the modification applications and related documents may be directed to EnergySolutions or the Utah Division of Waste Management and Radiation Control (DWMRC).

For additional information, please contact Otis Willoughby of the Utah DWMRC at (801) 536-0200 or Tim Orton of EnergySolutions at (801) 649-2000.

NYSERDA Seeks Project Manager for WVDP

The New York State Energy Research and Development Authority (NYSERDA) West Valley Site Management Program (WVSMP) is seeking an experienced technical professional to join NYSERDA’s team at the Western New York Nuclear Service Center in northern Cattaraugus County, New York.

This individual will be responsible for supporting NYSERDA’s participation in the U.S. Department of Energy (DOE) West Valley Demonstration Project (WVDP), a joint federal-state decommissioning and radioactive waste cleanup project.  This position reports to NYSERDA’s WVDP and End-State Planning Program Manager and will involve on-site observation, monitoring, inspection and oversight of WVDP work activities.

Responsibilities

The Project Manager’s primary responsibilities will be to:

  • provide direct observation, inspection, monitoring, oversight and reporting of WVDP work activities, including (but limited to) facility demolition activities, soil excavation and waste packaging;
  • provide subject matter expert reviews of plans, procedures, work packages and radiological and chemical safety work control documents for decommissioning, deactivation and demolition activities;
  • prepare written reports and otherwise keep management fully apprised of WVDP activities, including contractor performance related to safety, regulatory compliance, cost and schedule;
  • prepare MS-Project or Primavera P6 schedules and assist other staff in the preparation of integrated project schedules;
  • represent NYSERDA at meetings with DOE, the site contractor, regulatory agencies, members of the public and other stakeholders;
  • contribute to a positive team environment, a culture of excellence and creative problem solving; and,
  • perform other responsibilities as assigned.

Qualifications

Required minimum qualifications an individual must possess include:

  • a Bachelor’s or Master’s degree in engineering, health physics or industrial safety plus 5 years of relevant experience (i.e., work at the WVDP or a similar nuclear facility, including decommissioning experience, radioactive material management or radioactive waste management) or an unrelated Bachelor’s or Master’s degree plus 7 years relevant experience (work at the WVDP or a similar nuclear facility, including decommissioning experience, radioactive material management or radioactive waste management);
  • strong analytical skills including a demonstrated ability to effectively organize and evaluate quantitative information, draw conclusions and make recommendations or decisions;
  • strong organizational, planning and scheduling abilities with demonstrated proficiency in MS-Project or Primavera P6;
  • strong work ethic and resolute integrity;
  • strong written and verbal communication abilities and interpersonal skills;
  • knowledge of U.S. Nuclear Regulatory Commission (NRC) regulations or DOE Orders and policies; and,
  • ability to work effectively outdoors in inclement weather conditions and safely negotiate unpaved walking surfaces, moderately steep slopes and uneven terrain.

 Salary

 Candidates will be considered for Project Manager through Senior Project Manager based on qualifications and experience.  An excellent benefits package is also offered. 

Application 

In order to apply for the open position, please submit a cover letter and resume to recruiter@nyserda.ny.gov.  When applying, please include Project Manager, WVDP and Job Code 473 in the Subject Line.

For additional information, please contact Alyse Peterson, Senior Project Manager for Radiactive Waste Policy & Nuclear Coordination, NYSERDA, at (518) 862-1090 ext. 3274 or at alp@nyserda.ny.gov.

Texas Compact Commission Holds November 2017 Meeting

On November 16, 2017, the Texas Low-Level Radioactive Waste Disposal Compact Commission (Texas Compact Commission) held a regularly scheduled meeting in Austin, Texas.  It was held in Room E1.028 at the Texas Capitol, which is located at 1100 Congress Avenue in Austin, Texas.

The meeting, which began at 9:30 a.m. CDT, followed the conclusion of a one-day workshop focused on disposal options for in-compact waste generators, specifically on topics that are important to Texas generators.

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 Arizona Public Service Palo Verde; Qal-Tek (as broker); Qal-Tek (as generator); Southern Nuclear Company Hatch; and, Southern Nuclear Company Hatch Irradiated Hardware;
  • receive reports from Waste Control Specialists LLC (WCS) about recent site operations;
  • receive report from Chair on Texas Compact Commission activities including an update on the to-be-formed committee as a result of recent legislation;
  • report from Leigh Ing, Executive Director of the Texas Compact Commission, on her activities relating to workshops and Texas Compact Commission operations;
  • discussion and possible changes of dates and locations of future Texas Compact Commission meetings in 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

NRC Extends Comment Period re Part 61 Draft Regulatory Analysis

On November 24, 2017, the U.S. Nuclear Regulatory Commission (NRC) published a Federal Register notice reopening and extending the public comment period on the draft regulatory analysis, “Draft Regulatory Analysis for Final Rule: Low-Level Radioactive Waste Disposal.”  Among other things, the draft regulatory analysis seeks specific cost and benefit information to better inform the updated draft regulatory analysis.  (See 82 Federal Register 48,283 dated October 17, 2017.)

The comment period originally closed on November 16, 2017.  In order to allow more time for members of the public to develop and submit their comments, however, the NRC decided to reopen and extend the public comment period until December 18, 2017.

The Part 61 Working Group (P61WG) of the Low-Level Radioactive Waste Forum (LLW Forum), the South Carolina Department of Health and Environmental Control (SC DHEC) and the Utah Department of Environmental Quality’s Division of Waste Management and Radiation Control (Utah DEQ DWMRC) previously submitted comments on the draft regulatory analysis.

The Federal Register notice requesting public comment on the draft regulatory analysis is available at https://www.federalregister.gov/documents/2017/10/17/2017-22459/low-level-radioactive-waste-disposal. 

Comment letters from the P61WG, South Carolina and Utah regarding the draft regulatory analysis are available on the Resources Page of the Part 61 Working Group (P61WG) website at http://part-61.org/resources/. 

For additional information, please contact Gregory Trussell, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, at (301) 415-6445 or at Gregory.Trussell@nrc.gov.

Texas Compact Commission Holds Low-Level Waste Disposal Workshop

On November 15, 2017, the Texas Low-Level Radioactive Waste Disposal Compact Commission (TLLRWDCC) hosted a workshop in Austin, Texas.  The workshop, which was held at the Legislative Conference Center at the Texas State Capitol, was a full-day event.

Workshop presentations focused on disposal options for in-compact waste generators, specifically on topics that are important to Texas generators.  The meeting agenda included the following:

  • 9:00 – 9:30: Welcome and Program Introduction — TLLRWDCC
  • 9:30 – 10:00: Why is Source Disposal So Important? — National Nuclear Security Administration (NNSA)
  • 10:00 – 10:30: Superfund!  No One is Immune — Texas Commission on Environmental Quality (TCEQ)
  • 10:45 – 11:45: Source Storage and the 2-Year Rule — Texas Department of State Health Services (TDSHS)
  • 1:15 – 1:45: How Can I Dispose of My Source?  The Source Collection and Threat Reduction (SCATR) Program — Conference of Radiation Control Program Directors (CRCPD)
  • 1:45 – 2:15: What is a Low-Level Waste Compact?  How does a Compact Affect Me? — TLLRWDCC
  • 2:30 – 3:15: Does Texas Have a Compact Facility?  And Why Do I Care? — Waste Control Specialists (WCS)
  • 3:15 – 3:45: The Role of the TCEQ — TCEQ
  • 3:45 – 4:00: Closing Remarks — TLLRWDCC

Attendance for the workshop, for which there were 70 slots available, was free.

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

Utah Waste Management and Radiation Control Board Holds November 2018 Meeting

On November 9, 2017, the Utah Waste Management and Radiation Control Board held a regularly scheduled meeting beginning at 1:30 p.m. MT in Salt Lake City, Utah.

The meeting, which was open to the public, was held in Conference Room 3132, Department of Environmental Quality (DEQ) Board Room, in the Multi Agency State Office Building that is located at 195 North 1950 West in Salt Lake City, Utah.

Agenda

The following items, among others, were on the agenda for the November 2017 Board meeting:

I.   Call to Order

II.   Approval of Meeting Minutes for the October 12, 2017 Board Meeting (Board Action Item)

III.   Underground Storage Tanks Update

IV.   Low-Level Radioactive Waste Section

  1. EnergySolutions, LLC request for a site-specific treatment variance from the Hazardous Waste Management Rules. EnergySolutions seeks authorization to treat by stabilization waste containing High-Subcategory Mercury.  (Board Action Item)
  2. EnergySolutions, LLC request for a site-specific treatment variance from the Hazardous Waste Management Rules. EnergySolutions seeks authorization to receive Cemented Uranium Extraction Process Residues for disposal.  (Board Action Item)
  3. EnergySolutions, LLC request for a site-specific treatment variance from the Hazardous Waste Management Rules. EnergySolutions seeks authorization to dispose of waste containing hazardous constituents and PCBs as Underlying Hazardous Constituent.  (Board Action Item)

V.  Other Business

  1. Miscellaneous Information Item
  2. Scheduling of Next Board Meeting

VI. Adjourn

Background

The Board—which is appointed by the Utah Governor with the consent of the Utah Senate—guides development of Radiation Control policy and rules in the state.

The Board holds open meetings ten times per year at locations throughout the state.  A public comment session is held at the end of each meeting.

Copies of the Utah Waste Management and Radiation Control Board meeting agendas and packet information can be found at http://www.deq.utah.gov/boards/waste/meetings.htm.  

For additional information, please contact Rusty Lundberg, Deputy Director of the Division of Waste Management and Radiation Control at the Utah Department of Environmental Quality, at (801) 536-4257 or at rlundberg@utah.gov.

Comment Period Opens re Guidance Document for Alternative Disposal Requests

On October 19, 2017, the U.S. Nuclear Regulatory Commission (NRC) published a notice in the Federal Register requesting comment on the draft revision to its guidance document for alternative disposal requests entitled, “Guidance for the Reviews of Proposed Disposal Procedures and Transfers of Radioactive Material Under 10 CFR 20.2002 and 10 CFR 40.13(a).”  (See 82 Federal Register 48,727 dated October 19, 2017.)

The Federal Register notice regarding the draft revision to the NRC guidance document for alternative disposal requests is available at https://www.gpo.gov/fdsys/pkg/FR-2017-10-19/pdf/2017-22694.pdf.

Purpose  The purpose of the referenced document and associated procedure is to provide guidance for NRC staff and describe the process for documenting, reviewing, and approving (on a case-by- case basis) requests received from licensees, license applicants and other entities for alternative disposal of licensed material.  The staff may authorize these requests under the provisions of Title 10 of the Code of Federal Regulations (10 CFR) 20.2002 and 10 CFR 40.13(a).

Scope  The procedure covers the steps that NRC staff need to take in order to review, document, and approve a request for alternative disposal of licensed material, including:

  •   entering documents into the NRC public document system, which is known as the Agency-Wide Documents Access and Management System (ADAMS);
  •   establishing an Enterprise Project Identifier (EPID) and/or Cost Activity Code (CAC) for 
monitoring time charged to the project;
  •   conducting a technical review of the disposal request, including performing dose 
assessments;
  •   preparing a Safety Evaluation Report (SER) or Technical Evaluation Report (TER);
  •   preparing an Environmental Assessment (EA);
  •   coordinating with state regulatory agencies and disposal site operators;
  •   implementing a Communications Plan, where applicable, including conducting public 
meetings; and,
  •   implementing the approaches included within the All Agreement States Letter.

Although § 20.2002 and § 40.13(a) reviews are similar in most respects, there are a few differences that are described in the document.  Where there are differences between the procedures for handling the different types of requests, a sub-section for each type of request is 
provided.  Otherwise, they will be referred to collectively as ADRs.

The procedure does not cover all releases of solid materials from a licensee’s control, only those that are submitted for NRC approval under 10 CFR 20.2002 and 10 CFR 40.13(a).  The NRC’s procedures for release of solid materials are described in NUREG-1757, Volume 1, Rev. 2, Section 15.11.

Submitting Comments  Comments are due by December 18, 2017.  Comments received after this date will be considered if it is practical to do so, but the NRC is able to assure consideration only for comments received on or before this date.

Interested stakeholders may submit comments by any of the following methods:

  •   Federal Rulemaking Web Site:  Go to http://www.regulations.gov and search for Docket ID NRC-2017-0198.
  •   Mail comments to:  May Ma, Office of Administration, Mail Stop: OWFN-2-A13, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.

Docket ID NRC-2017-0198 should be referenced when submitting comments.

For additional information, please contact Robert Lee Gladney, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, at (301) 415-1022 or Robert.Gladney@nrc.gov.

NRC Seeks Public re Draft Regulatory Analysis for Final Part 61 Rule

Specific Cost and Benefit Information Requested

On October 17, 2017, the U.S. Nuclear Regulatory Commission (NRC) published a Federal Register notice requesting comment on the draft regulatory analysis, “Draft Regulatory Analysis for Final Rule: Low-Level Radioactive Waste Disposal,” and seeking specific cost and benefit information to better inform the updated draft regulatory analysis.  (See 82 Federal Register 48,283 dated October 17, 2017.)

The Federal Register notice regarding the draft regulatory analysis for the final Part 61 rule is available at https://www.federalregister.gov/documents/2017/10/17/2017-22459/low-level-radioactive-waste-disposal.

Discussion  In addition to specified rule language changes, the Commission, in SRM-SECY-16-0106, also directed the NRC staff to “be informed by broader and more fully integrated, but reasonably foreseeable costs and benefits to the U.S. waste disposal system resulting from the proposed rule changes, including pass -through costs to waste generators and processors.”  To support development of the new supplemental proposed rule as directed by the Commission in SRM-SECY-16-0106, the NRC staff is seeking comment on how to improve the approach/methodology and actual cost data currently used in the draft final rule regulatory analysis to provide more accurate cost and benefit data in the final regulatory analysis.  In particular, the NRC is seeking information on any cost changes that should be incorporated into the regulatory analysis in light of the Commission’s changes to the draft final rule.

Requested Information and Comments  NRC is providing the below specific questions associated with the draft regulatory analysis (ADAMS Accession No. ML16189A050).  The questions will also be discussed at the public meeting.  The NRC staff will consider the responses to the questions as it revises the regulatory analysis.

  •   Is the NRC considering appropriate alternatives for the regulatory action described in the draft regulatory analysis?
  •   Are there additional factors that the NRC should consider in the regulatory action?  What are these factors?
  •   Is there additional information concerning regulatory impacts that the NRC should include in its regulatory analysis for this rulemaking?
  •   Are all costs and benefits properly addressed to determine the economic impact of the rulemaking alternatives?  What cost differences would be expected from moving from the discussed 1,000 year and 10,000 year compliance periods to a single 1,000 year compliance period? Are there any unintended consequences of making this revision?
  •   Are there any costs that should be assigned to those sites not planning to accept large quantities of depleted uranium for disposal in the future?
  •   Is NRC’s assumption that only two existing low-level radioactive waste sites (i.e., EnergySolutions’ Clive Utah disposal facility and Waste Control Specialists’ Texas disposal facility) plan to accept large quantities of depleted uranium for disposal in the future reasonable?
  •   What additional costs or cost savings, not already considered in the draft regulatory analysis, will the supplemental proposed rulemaking or alternatives cause to society, industry, and government?  What are the potential transfer (“pass- through”) costs to the waste generators and processors?

Submitting Comments  Comments are due by November 16, 2017.  Comments received after this date will be considered if it is practical to do so, but the NRC is able to assure consideration only for comments received on or before this date.  Interested stakeholders may submit comments by any of the following methods:

  •   Go to http://www.regulations.gov and search for Docket ID NRC-2011-0012.
  •   E-mail comments to Rulemaking.Comments@nrc.gov. If you do not receive an automatic e-mail reply confirming receipt, then contact us at 301-415-1677.
  •   Fax comments to Secretary, U.S. Nuclear Regulatory Commission at 301- 415-1101.
  •   Mail comments to Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, ATTN: Rulemakings and Adjudications Staff.

Docket ID NRC-2011-0012 should be referenced when submitting comments.

For additional information, please contact Gregory Trussell, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, at (301) 415-6445 or at Gregory.Trussell@nrc.gov.

DSWG Releases Report re Source Disposition Options and Costs

The Disused Sources Working Group (DSWG) of the Low-Level Radioactive Waste Forum (LLW Forum) is pleased to announce the release of its report titled, “Disposition Options and Costs for Certain Radioactive Sealed Sources and Devices.”

The report is intended to serve as a companion document to educational materials released by the DSWG earlier this year including educational brochures for current and prospective licensees of radioactive sealed sources and devices.

The new report can be accessed via a link on the Resources Page of the DSWG website at http://www.disusedsources.org/resources/#disposition.

Overview  The DSWG report is intended to assist stakeholders in understanding the likely options and estimated costs related to the disposition of common radioactive sealed sources and devices.  These include industrial radiography devices, fixed industrial gauges, well logging and brachytherapy sources, portable gauges, teletherapy devices, and both self-contained and panoramic irradiators.  Common characteristics of these devices are summarized in Table 1 at the end of the document.

Readers are cautioned that the information contained in the report is intended as a guide only, providing general information about the most common types of sources and devices.  The identified costs are provided as estimates only based on current information and guidance and should not be relied upon as determinative of actual future disposal costs.

Companion Documents  The new DSWG report on disposition options and costs is intended to serve as a companion document to educational brochures for current and prospective licensees of radioactive sealed sources and devices that were developed and released earlier this year by the DSWG in conjunction with the E-34 Committee of the Conference of Radiation Control Program Directors (CRCPD).   The brochures provide information regarding the ownership and use of radioactive sealed sources and devices including:

  • understanding the life-cycle costs including initial purchase price, regulatory license fees, financial assurance, operating expenses, security and end-of-life disposition;
  • consideration of the use of alternative technologies;
  • potential liabilities of using radioactive sealed sources or devices;
  • proper management and disposition of disused sources including information about the Source Collection & Threat Reduction (SCATR) Program — including a chart documenting the diminishing cost share — and the Off-Site Source Recovery Project (OSRP); and,
  • potential liabilities of storing disused sources.

Generic versions of the educational materials—which include fillable fields to incorporate individual office logos and contact information—are now available on the DSWG website to federal, state and industry stakeholders to modify and distribute as each deems appropriate.

Background  The LLW Forum is a non-profit organization of representatives appointed by Governors and compact commissions that seeks to facilitate state and compact implementation of the Low-Level Radioactive Waste Policy Act of 1980 and its 1985 amendments, as well as to promote the objectives of regional low-level radioactive waste disposal compacts.

In September 2011, the LLW Forum formed the DSWG to develop recommendations from the states and compacts for improving the management and disposition of disused sources.

For additional information about the LLW Forum and DSWG, please contact LLW Forum Executive Director and DSWG Project Director Todd D. Lovinger, Esq at (754) 779-7551 or at LLWForumInc@aol.com.

Southwestern Compact Commission Hosts 76th Meeting

On October 6, 2017, the Southwestern Low-Level Radioactive Waste Commission hosted its 76th meeting beginning at 9:00 a.m. PDT at the Hyatt Regency in Sacramento, California.

The following topics, among others, were on the meeting agenda:

  • call to order;
  • roll call;
  • welcome and introductions—announce retirement of Commissioner Godwin, introduce Brian Goretzki of Arizona;
  • statement regarding due notice of meeting;
  • reports, status and/or activity;
    • Commission Chair;
    • Executive Director;
    • licensing agency;
    • license designee; and,
    • party states.
  • discuss and potential action on Low-Level Radioactive Waste Forum (LLW Forum) activities (i.e., sponsorship, membership, workshop, future agendas and participation);
  • update and status of EnergySolutions, Waste Control Specialists (WCS) and SONGS;
  • discuss activities and potential action on Reutilization and Reuse Program;
  • exportation actions;
  • ratification of approved petitions;
    • amend “Policy of the Southwestern Low-Level Radioactive Waste Commission Regarding Exportation of Various Low-Level Radioactive Waste Streams” to extend effective date;
    • amend “Requirements for Exportation Petitions for Low-Level Radioactive Waste Disposal” to extend effective date; and,
    • review and amend petitions forms.
  • financial audit report by Miers & Miers;
  • Executive Session pursuant to CA Gov. Code §11126(a)(1) to discuss staff performance evaluations;
  • review and approve Executive Director’s and Counsel’s contracts;
  • review and approve Annual Governor’s Report;
  • amend fiscal year 2017-18 budget;
  • approve fiscal year 2018-19 budget;
  • review and approve Office Procedures Manual;
  • review and approve Southwestern By-Laws;
  • adopt fee schedule;
  • public comment;
  • election of officers;
  • future agenda items;
  • next meetings; and,
  • adjournment.

Members of the public were invited to attend the meeting and comment on specific agenda items as the Commission considered them.  The total public comment time on each agenda item was limited to 15 minutes.  Written material was also accepted.  A 15-minute public comment period was provided near the end of the meeting at which time members of the public were invited to bring before the Commission issues relating to low-level radioactive waste but which were not on the agenda.

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 October 2017 Meeting

On October 5, 2017, the Texas Low-Level Radioactive Waste Disposal Compact Commission (Texas Compact Commission) held a regularly scheduled meeting in Montpelier, Vermont.

The meeting began at 9:30 a.m. EDT/8:30 a.m. CDT.  It was held in Room 11 at the Vermont State House, which is located at 115 State Street in Montpelier Vermont.

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;
  • welcome by Vermont Public Service Department Commissioner June Tierney;
  • discussion by Entergy Vermont Yankee regarding the closure and decommissioning of the Vermont Yankee nuclear power plant;
  • consideration of and possible action on applications for importation of low-level radioactive waste from Nextera Turkey Point; Dominion Kewaunee; Dominion Kewaunee IH; Philotechnics; Alaron Veolia; PGE Diablo Canyon; EnergySolutions; Energy Palisades; Energy Palisades IH; Thomas Gray; and, RAM Services;
  • reconsideration of and possible action on an application for importation of low-level radioactive waste from Southern Nuclear Vogtle;
  • consideration of and possible action to publish for public comment in the Texas Register a proposal to adopt a new §675.24 in TAC Title 31, Part 21, Chapter 675 relating to the requirement for certain entities to report on a quarterly basis the receipt of certain low-level radioactive waste that is not required to be disposed of in the Texas Compact Facility as recommended by the Texas Compact Commission’s Rules Committee;
  • receive reports from Waste Control Specialists LLC (WCS) about recent site operations;
  • receive report from Chair on Texas Compact Commission activities including an update on contingency planning and legislative affairs;
  • report from Leigh Ing, Executive Director of the Texas Compact Commission, on her activities relating to future workshops, export reporting and 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

LLW Forum to Hold Spring 2018 Meeting

April 16-17, 2018 in San Francisco, California

The spring 2018 meeting of the Low-Level Radioactive Waste Forum (LLW Forum) will be held at the Hyatt Regency San Francisco Airport in Burlingame, California on April 16-17, 2018.  Please mark your calendars accordingly and save the date!  The Southwestern Low-Level Radioactive Waste Compact Commission is co-sponsoring the meeting with the LLW Forum.

Overview  The spring 2018 LLW Forum meeting will be held on Monday, April 16 (9:00 am – 5:00 pm) and Tuesday, April 17 (9:00 am – 1:00 pm) at:  

Hyatt Regency San Francisco Airport
1333 Bayshore Highway
Burlingame, California

The Hyatt Regency is located just minutes from the San Francisco International Airport on Interstate 101.  Complimentary shuttle service is available through the hotel 24 hrs a day.  In addition, the Bay Area Rapid Transit (BART) commuter train station with direct service to downtown San Francisco will also be available by shuttle service from the Hyatt Regency. 

Background  Officials from states, compacts, federal agencies, nuclear utilities, disposal operators, brokers/processors, industry, and other interested parties are encouraged to attend the spring 2018 LLW Forum meeting.

LLW Forum meetings are an excellent opportunity to stay up-to-date on the most recent and significant developments in the area of low-level radioactive waste management and disposal.  They also offer an important opportunity to network with other government and industry officials and to participate in decision-making on future actions and endeavors affecting low-level radioactive waste management and disposal.

If you have questions or require additional information, please contact Todd D. Lovinger, Esq.—Executive Director of the LLW Forum and Project Director of the Disused Sources and Part 61 Working Groups (DSWG/P61WG)—at (754) 779-7551 or at LLWForumInc@aol.com

NRC Accepts Comments on Draft FY 2018-2022 Strategic Plan

On September 27, 2017, the U.S. Nuclear Regulatory Commission (NRC) announced that the agency was seeking public comments on draft NUREG–1614, Volume 7, ‘‘Draft Strategic Plan: Fiscal Years 2018–2022.’’  The draft Strategic Plan provides the agency’s strategic goals and objectives and proposed strategies for achieving them.

In the Federal Register notice, NRC states that the agency “encourages and welcomes public comments that can help it respond to challenges and shape its strategic direction over the next four years, particularly comments on the plan’s goals, objectives, and strategies.”  (See 82 Federal Register 44,858 dated September 26, 2017.)

The Federal Register notice regarding the Draft FY 2018-2022 Strategic Plan can be found at https://www.gpo.gov/fdsys/pkg/FR-2017-09-26/pdf/2017-20538.pdf.

The draft Strategic Plan is available in NRC’s Agencywide Documents Access and Management System (ADAMS) under Accession No. ML17254A104.

Overview  The NRC is an independent agency established by the Energy Reorganization Act of 1974 that began operations in 1975 as a successor to the Atomic Energy Commission.  The NRC’s mission is to license and regulate the nation’s civilian use of radioactive materials to provide reasonable assurance of adequate protection of public health and safety, as well as to promote the common defense and security and to protect the environment.

The draft Strategic Plan, covering the period Fiscal Years (FY) 2018–2022, describes how the NRC plans to achieve its two strategic goals:

  • ensure the safe use of radioactive materials; and
  • ensure the secure use of radioactive materials.

The draft establishes a framework for the next four years for the NRC to achieve its mission.  It also provides an overview of the NRC’s responsibilities, key challenges and management priorities, and it outlines the objectives and key activities to achieve the agency’s goals.

The draft plan is largely consistent with the previous plan (FY 2014-2022) with continued focus and commitment to the NRC’s mission and strategic goals of safety and security.  The most notable change is a new vision statement, which highlights the agency’s commitment to the Principles of Good Regulation.  It also includes minor updates and editorial enhancements.

Background  In accordance with the Government Performance and Results (GPRA) Modernization Act of 2010, agencies are required to submit their strategic plans to Congress the year following the start of a Presidential term.  The Commission has approved a draft Strategic Plan and is now seeking comments from the public so that the agency may benefit from a wide range of stakeholder input to help shape the NRC’s strategic direction for the upcoming planning period.

The NRC issued its first Strategic Plan in September 1997 and, as required, it has been updated every four years since then.  The 2018-2022 edition is due to Congress and the President by
February 5, 2018. 

For additional information, please contact Holly Harrington of the NRC at (301) 415-8200.

NRC Issues SRM re Final Rule for Low-Level Radioactive Waste Disposal (10 CFR Part 61)

On September 8, 2017, the U.S. Nuclear Regulatory Commission (NRC) issued a Staff Requirements Memorandum (SRM) in response to SECY-16-0106, which sought Commission approval to publish a final rule in the Federal Register that would amend Title 10 of the Code of Federal Regulations (10 CFR) Parts 20, “Standards for Protection Against Radiation,” and Part 61, “Licensing Requirements for Land Disposal of Radioactive Waste.”

The SRM can be found online at https://www.nrc.gov/docs/ML1725/ML17251B147.pdf.

SRM Direction  In the SRM, the Commission approved certain substantive revisions to the draft final rule and its subsequent publication as a supplemental proposed rule for a 90-day public comment period.  Specifically, prior to its publication as a supplemental proposed rule, the SRM states that the draft final rule should be revised to incorporate the following changes:

  1. reinstate the use of a case-by-case basis (i.e., “grandfather provision”) for applying new requirements to only those sites that plan to accept large quantities of depleted uranium for disposal;
  2. reinstate the 1,000 year compliance period from the proposed rule with a specific dose limit of 25 mrem/year and adopt a longer period of performance assessment—the period of which would be based on site-specific considerations and a “reasonable analysis,” as defined in SRM-SECY-13-0075, “Proposed Rule: Low-Level Radioactive Waste Disposal (10 CFR Part 61) (RIN 3150-AI92))—and apply the 1,000 year compliance period to the inadvertent intruder performance objective in 10 CFR 61.42 and the site stability performance objective in 10 CFR 61.44;
  3. clarify that the safety case consists of the quantitative performance assessment, as supplemented by consideration of defense-in-depth measures;
  4. modify the draft final rule text addressing defense-in-depth to narrow its consideration solely to providing additional assurance in mitigating the effects of large uncertainties that are identified during the performance assessment; and,
  5. be informed by broader and more fully integrated, but reasonably foreseeable, costs and benefits to the United States waste disposal system resulting from the proposed rule changes, including pass-through costs to waste generators and processors.

 

The SRM notes that the timing for the staff to prepare a regulatory basis for the disposal of Greater-than- Class C (GTCC) waste as directed in SRM-SECY-15-0094, “Historical and Current Issues Related to Disposal of Greater-Than-Class C Low-Level Radioactive Waste,” should be changed from the previous direction of within six (6) months of the completion of the ongoing 10 CFR Part 61 rulemaking to six (6) months after the publication of the supplemental proposed rule.

Background  The regulations for the disposal of commercial low-level radioactive waste in land disposal facilities are set forth in 10 CFR Part 61.  NRC originally adopted these regulations in 1982.  Although the NRC has never licensed any land disposal facilities under this part, the Agreement States that currently or plan to license low-level radioactive waste land disposal facilities must adopt compatible versions of these regulations.

In SECY-13-0075, dated July 18, 2013, the NRC staff provided the Commission with a proposed rule to amend 10 CFR Part 61.  The Commission approved publication of the proposed rule in SRM-SECY-13-0075, dated February 12, 2014.  After making Commission directed changes, the NRC published the proposed rule for an initial 120-day comment period in the Federal Register on March 26, 2015.  The public comment period closed on July 24, 2015.  After receiving extension requests, the staff reopened the comment period, which then closed on September 21, 2015.

 

For additional information on the Part 61 final rule and associated documents, please contact either Gary Comfort at (301) 415-8106 or at Gary.Comfort@nrc.gov or Stephen Dembeck at (301) 415-2342 or at Stephen.Dembek@nrc.gov.

 

NRC Assesses Civil Penalty Against Allen County Cardiology

On September 7, 2017, the Nuclear Regulatory Commission (NRC) announced that the agency has proposed a $7,000 civil penalty against Allen County Cardiology for the failure to perform daily surveys and weekly tests while handling licensed radioactive material for use in medical procedures.  The company is based in Fort Wayne, Indiana.

The violations were identified during an NRC inspection last year and a subsequent investigation.  The NRC determined a medical technologist willfully failed to perform daily ambient radiation exposure rate surveys and weekly area radioactive contamination surveys.  The technologist also willfully provided inaccurate and incomplete records to the agency.  Allen County Cardiology took corrective actions, which included ensuring adequate time for completing the required tasks, conducting audits and committing to have an independent health physics service perform semi-annual audits.

The NRC has concluded that the company’s actions are effective and will prevent recurrence. Agency inspectors will conduct a follow-up inspection.  A copy of the Notice of Violation has been posted on the Agencywide Documents Access and Management System (ADAMS) at the NRC website.

For additional information, please contact Viktoria Mitlyng at (630) 829-9662 or Prema Chandrathil at (630) 829-9663.

Southeast Compact Commission Seeks Proposals for Compensation and Benefits Study

The Southeast Compact Commission for Low-Level Radioactive Waste Management (Commission) is seeking proposals from qualified consultants to perform a salary study and analysis of fringe benefits of the Commission employees, their respective positions and job classifications as it relates to the market.

The purpose of this study is to examine the base pay and employee benefits of current positions and perform a geographical and professional market comparison of those positions.  The consultant will also recommend a five-year plan that will provide a methodology for evaluating and updating pay scales in accordance to the market.

The Commission asks that Low-Level Radioactive Waste Forum (LLW Forum) members and supporters please forward the Request for Proposals (RFP) to all firms and individuals that you are aware of who may have an interest in conducting the study and analysis described in the RFP.

The Request for Proposals (RFP) may be found at the Commission’s website at http://www.secompact.org.  

For additional information, please contact Ted Buckner, the Commission’s Executive Director, at tedb@secompact.org or at (919) 380-7780.

Registration Open for Perma-Fix Nuclear Waste Management Forum

Registration is now open for the 15th annual Perma-Fix Nuclear Waste Management Forum.  The conference will be held at the Gaylord Opryland Resort and Convention Center in Nashville, Tennessee on November 27-29, 2017.  Perma-Fix Environmental Services, Inc sponsors the event.

Nuclear industry leaders that focus on the area of radioactive waste management are encouraged to attend this event.  Attendees learn information about the latest technologies and applications regarding waste characterization, packaging, treatment, transportation and disposition while sharing lessons learned that improve safety and efficiency for their projects.

According to the event notice, this is an opportunity to network with experts from a variety of U.S. and international waste generator sites, government officials and other companies focused on waste management objectives.

For additional information, please go to www.perma-fix.com or contact Autumn Bogus of Perma-Fix Environmental Services at abogus@perma-fix.com or at (865) 251-2088.

Draft Agenda Released for Fall 2017 LLW Forum Meeting

Hilton Alexandria Old Town Hotel in Alexandria, Virginia
October 16-17, 2017

The draft agenda for the upcoming Low-Level Radioactive Waste Forum (LLW Forum) meeting has been released and posted to the organization’s website at www.llwforum.org. The meeting will be held at the Hilton Old Town Alexandria Hotel in Alexandria, Virginia on October 16-17, 2017.

As a reminder, the discount rate hotel room block for the meeting closes in just four weeks on September 29, 2017, unless the block reaches capacity in advance of the deadline.  Currently, there is only very limited space remaining in the discount room block.   Accordingly, interested stakeholders are encouraged to register and make hotel reservations for the meeting at your earliest convenience.

The Southeast Compact Commission for Low-Level Radioactive Waste Management and the Central Interstate Low-Level Radioactive Waste Compact Commission are co-sponsoring the meeting.

The LLW Forum meeting documents—including a meeting bulletin, registration form and draft agenda—have been posted to the LLW Forum Meeting page of the organization’s web site at www.llwforum.org.  As a new option for interested stakeholders, a registration form may be completed and submitted online.

Agenda Topics  The following is a list of agenda topics for the meeting:

  • panel discussion/interactive dialogue re regulatory oversight of oil and gas operations—management and disposition of the resultant radiological byproduct material;
  • panel session re decommissioning of nuclear power plants—regulatory requirements and updates, operator experiences and future planning considerations;
  • development and implementation of a program re source reuse and reutilization;
  • U.S. Nuclear Regulatory Commission (NRC) regulatory program emerging issues including rulemaking and guidance development; management of very low-level radioactive waste; and, program budget request;
  • NRC’s proposed revisions re guidance for alternative disposal of low-activity waste;
  • IMPEP process and non-common indicator re low-level radioactive waste disposal program;
  • U.S. Environmental Protection Agency (EPA) activities and updates including the development of new federal guidance for dose and risk assessment;
  • addressing cybersecurity issues and concerns at U.S. nuclear power plants;
  • emergency planning for radiological incidents and nuclear terrorism;
  • U.S. Department of Energy (DOE) activities and updates including path forward for the Waste Isolation Pilot Plant (WIPP) and transuranic waste across the DOE complex; waste management forecasts, planning and prioritization; and, next steps re Greater-than-Class C environmental impact statement;
  • Category 3 source security and accountability re-evaluation;
  • Mount Sinai experience in reducing and removing the risk of malicious use of radioactive materials;
  • pilot Source Collection and Threat Reduction (SCATR) project re disposal of high-activity cesium irradiator;
  • preparation and submittal of report to Congress by the Radiation Source Protection and Security Task Force;
  • reporting and tracking of commercial low-level radioactive waste disposal;
  • NRC import and export waste and licensing activities;
  • radium contamination at non-military sites across the country;
  • updates and activities re the Waste Control Specialists commercial and federal low-level radioactive waste disposal facility in Andrews County, Texas; and,
  • updates and activities re the Clive low-level radioactive waste disposal facility in Tooele County, Utah.

Attendance  Officials from states, compacts, federal agencies, nuclear utilities, disposal operators, brokers/processors, industry, and other interested parties are encouraged to attend the spring 2017 LLW Forum meeting.

LLW Forum meetings are an excellent opportunity to stay up-to-date on the most recent and significant developments in the area of low-level radioactive waste management and disposal.  They also offer an important opportunity to network with other government and industry officials and to participate in decision-making on future actions and endeavors affecting low-level radioactive waste management and disposal.

Location and Dates  The fall 2017 LLW Forum meeting will be held on Monday, October 16 (9:00 am – 6:00 p.m.) and Tuesday, October 17 (8:30 a.m. – 1:00 p.m.) at the Hilton Alexandria Old Town Hotel, which is located at 1767 King Street in Alexandria, Virginia.

Located in the historic, vibrant King Street neighborhood, the Hilton Alexandria Old Town hotel is one of the most convenient hotels in Alexandria, VA for business and leisure travelers visiting Washington, DC.  The hotel is just steps away from King Street Metro station and close to Reagan National Airport.  Downtown DC attractions and government buildings are minutes away by Metro.

Registration  All persons must pre-register for the meeting and pay any associated registration fees in order to be allowed entry.  Registration forms are needed in order to ensure that you receive a meeting packet and name badge.  Accordingly, interested attendees are asked to please take a moment to complete the registration form at your earliest convenience and return it to the Southeast Compact Commission at the mailing or e-mail address listed at the bottom of the form.

The meeting is free for up to two individuals representing members of the LLW Forum.  Additional and non-member registration is $500, payable by check only to the “LLW Forum, Inc.”  (Credit card payments are not accepted.)

Reservations  Persons who plan to attend the meeting are strongly encouraged to make their hotel reservations and send in their registration forms as soon as possible, as we have exceeded our block at the last few meetings.

A limited block of hotel rooms has been reserved for Sunday, October 15th and Monday, October 16th at the rate of $231.00 plus tax per night (for single/double occupancy), $239 plus tax (king), $251 triple and $271 quad).  The same rates have been extended to three days prior and three days post the meeting dates.

To make a reservation, please call (703) 647-2035 (Group Code is OLW).  Reservations may also be made at the website at:

http://www.hilton.com/en/hi/groups/personalized/D/DCAOTHF-OLW-20171015/index.jhtml.

The deadline for reserving a room at the discounted rate is September 29, 2017.

Transportation and Directions  From Reagan National Airport via the Metro, the hotel is located next to the King Street Metro Station, accessible by the Blue and Yellow lines and only two stops from Reagan National Airport. Directions from other airports are given on the Hilton website, www.hiltonalexandria.com.  Taxi fares are typically around $20.00.

If you have questions or require additional information, please contact Todd D. Lovinger, Esq.—Executive Director of the LLW Forum and Project Director of the Disused Sources and Part 61 Working Groups (DSWG/P61WG)—at (754) 779-7551 or at LLWForumInc@aol.com

Utah Issues Licensing and Rulemaking Actions for Public Comment

Byproduct License Renewal and Source Material Distribution

During the last week of August 2017, the Utah Department of Environmental Quality (DEQ), Division of Waste Management and Radiation Control (DWMRC), announced that it is currently accepting public comment on the following licensing and rulemaking actions:

  • renewal of the EnergySolutions’ 11e.(2) byproduct radioactive materials license (UT2300478) for the licensee’s site near Clive (Tooele County), Utah; and,
  •   changes to the state’s radiation control rules to incorporate the federal regulatory changes promulgated by the U.S. Nuclear Regulatory Commission (NRC) related to 10 CFR Parts 30, 40 and 70

In addition, on August 18, 2017, the DWMRC notified stakeholders that it had approved the final adoption of rule changes to incorporate the following into Title R315 of the Utah Administrative Code (UAC):

  •   the U.S. Environmental Protection Agency (EPA) final Hazardous Waste Generator Improvements Rule (HWGIR) as published on November 28, 2016 at 81 Federal Register 85,732;
  •   addition of a used oil generator as defined under Mixed Mode Transit System (NAICS code of 485111) to the list of used oil transporters considered to have a permit by rule to transport their own used oil to a permitted used oil recycler; and,
  •   selected corrections and clarifications.

Renewal of EnergySolutions’ 11e.(2) Byproduct Radioactive Materials License  On May 3, 2012, EnergySolutions submitted an application to the DWMRC Director to renew the Clive facility’s 11e.(2) byproduct radioactive materials license.  On August 16, 2017, the DWMRC commenced a forty-five day public comment period for the proposed licensing action.  The public comment period will end on October 2, 2017.

A public hearing will be scheduled if requested, by any citizen, by September 5, 2017.  If requested, the hearing will be held from 1:00 p.m. to 4:00 p.m. on September 26, 2017.  The purpose of the public hearing, if held, will be to take comments from the public and to provide an opportunity for questions and answers relating to the renewal of the 11e.(2) license.

Written comments will be accepted if received by 5:00 p.m. on October 2, 2017.  Comments can sent by electronic mail to dwmrcpublic@utah.gov.  Comments sent in electronic format should be identified by putting the following in the subject line: Public Comment on EnergySolutions’ 11e.(2) license UT2300478 Renewal.  All documents included in comments should be submitted as ASCII (text) files or in pdf format.

The draft license and Technical Review and Environmental Assessment Report are available on the Division website at https://deq.utah.gov/NewsNotices/notices/waste/index.htm#phacp or by using EZ Records Search http://eqedocs.utah.gov/. 

For further information, please contact David Esser of the Division of Waste Management and Radiation Control at (801) 536-0079.

Changes to the State’s Radiation Control Rules to Incorporate Federal Regulatory Changes re 10 CFR Parts 30, 40 and 70  On May 29, 2013, the NRC adopted changes to 10 CFR Parts 30, 40, and 70.  These rule changes require the initial distribution of source material to exempt persons or to general licensees be explicitly authorized by a specific license, including new reporting requirements.  Changes to corresponding Utah radiation control rules are required to maintain regulatory compatibility with NRC rules and Utah’s status as an Agreement State with the NRC.

The rule is intended to provide timely information on the types and quantities of source material distributed for use either under exemption or by general licensees.  In addition, the rule modifies the existing possession and use requirements of the general license for small quantities of source material to better align the requirements with current health and safety standards.

The rule also revises, clarifies, or deletes certain source material exemptions from licensing to make the exemptions more risk informed.  This rule affects manufacturers and distributors of certain products and materials containing source material and certain persons using source material under a general license and under exemptions from licensing.

Comments may be submitted by email to dwmrcpublic@utah.gov.  The public comment period will end on September 15, 2017.

For additional information and the specific proposed rule changes, please see the August 15, 2017 issue (Volume 2017, Number 16) of the Utah State Bulletin at https://rules.utah.gov/publications/utah-state-bull/.

Final Adoption of Rule Changes to Incorporate Hazard Waste Generators Improvements Rule  The effective date for the final adoption of rule changes to, amongst other things, incorporate HWGIR became effective on August 31, 2017.

For additional information and the specific proposed rule changes, please see the June 1, 2017 issue (Volume 2017, Number 11) of the Utah State Bulletin at https://rules.utah.gov/publications/utah-state-bull/ or the DWMRC Board meeting packet for August 10, 2017 at https://utah.gov/pmn/files/319799.pdf. 

For additional information, please contact Rusty Lundberg, Deputy Director of the Division of Waste Management and Radiation Control at the Utah Department of Environmental Quality, at (801) 536-4257 or at rlundberg@utah.gov.

NRC to Amend Rules on Medical Uses of Radioactive Materials

The U.S. Nuclear Regulatory Commission (NRC) has approved amendments to its requirements for medical uses of radioactive materials. A final rule—approved on August 17, 2017—modifies 10 CFR Part 35 and makes conforming changes to Parts 30 and 32.  The rule will be published in the coming months in the Federal Register after NRC staff makes certain revisions directed by the Commission.

Overview  According to an NRC press release issued in mid-August 2017, the changes will:

  •   amend the definition of medical events associated with permanent implant brachytherapy;
  •   update training and experience requirements for authorized users, medical physicists, radiation safety officers and nuclear pharmacists;
  •   address a petition the NRC received seeking to recognize the qualifications of board certified physicists and radiation safety officers not specifically named on a license;
  •   change requirements for measuring molybdenum contamination and reporting generator tests that exceed allowed concentration levels;
  •   allow associate radiation safety officers to be named on a medical license; and,
  •   make several minor clarifications.

Background  While implementing the current regulations, the need for the revisions was identified by NRC staff, stakeholders, and the NRC’s Advisory Committee on the Medical Uses of Isotopes (ACMUI).  On July 21, 2014, a proposed rule appeared in the Federal Register for 120 days of public comment.  The final rule takes those comments into consideration and provides responses to them.

For additional information, please contact David McIntyre of the NRC at (301) 415-8200.

NRC To Review Its Administrative Regulations

On August 11, 2017, the U.S. Nuclear Regulatory Commission (NRC) announced plans to initiate a retrospective review of its administrative regulations to identify those that are outdated or duplicative.  The review is scheduled to begin in the fall of 2017.

Overview  Any regulations that are identified during the review will be evaluated to determine if they can be eliminated without impacting the agency’s safety and security mission.  NRC anticipates that the review will result in improvements with regard to how applicants and licensees submit information, keep records, and report to the agency.

Process  NRC plans to develop a strategy to accomplish its retrospective review and will seek input from stakeholders through public meetings and a Federal Register notice.  In particular, the NRC plans to encourage its staff, its applicants, licensees and the public to provide input.

Background  Efficiency is one of five NRC principles of good regulation.  The retrospective review is an effort to improve the management and administration of regulatory activities and to ensure that the agency’s regulations remain current, appropriate, and effective.

For additional information, please contact the NRC’s Office of Public Affairs at (301) 415-8200.

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

SCE&G to Cease New V.C. Summer Nuclear Project

On July 31, 2017, South Carolina Electric & Gas Company (SCE&G) announced that it would cease construction of two new nuclear reactors at the V.C. Summer Nuclear Station in Jenkinsville, South Carolina.  SCE&G, which is a principal subsidiary of SCANA Corporation (SCANA), further announced that the company intends to promptly file a petition with the Public Service Commission of South Carolina seeking approval of its abandonment plan.

According to the company’s press release, this decision was reached by SCE&G after considering the additional costs to complete the new nuclear reactors, the uncertainty regarding the availability of production tax credits for the project and the amount of anticipated guaranty settlement payments from Toshiba Corporation (Toshiba).  SCE&G’s decision was also influenced by other matters associated with continuing construction including the decision of the co-owner of the project, the South Carolina Public Service Authority (Santee Cooper), the state owned electric utility, to suspend construction of the project.

Based on these factors, SCE&G concluded that it would not be in the best interest of its customers and other stakeholders to continue construction of the project.

Overview and Analysis  Following the bankruptcy filing of Westinghouse Electric Company, LLC (WEC), SCE&G and Santee Cooper each began a comprehensive process of evaluating the most prudent path forward for the new nuclear reactors.  The project owners worked with WEC and Fluor Corporation, as well as other technical and industry experts, to evaluate the project costs and schedules.

Based on this evaluation and analysis, SCE&G concluded that completion of both new nuclear reactors would be prohibitively expensive.  According to SCE&G’s analysis, the additional cost to complete both reactors beyond the amounts payable in connection with the engineering, procurement, and construction contract would materially exceed prior WEC estimates, as well as the anticipated guaranty settlement payments from Toshiba.  Moreover, in order to qualify for production tax credits under current tax rules, the new reactors would need to be online before January 1, 2021.  SCE&G’s analysis concluded that the new reactors could not be brought online until after this date.

SCE&G also considered the feasibility of completing the construction of Unit 2 and abandoning Unit 3 under the existing ownership structure and using natural gas generation to fulfill any remaining generation needs.  This option provided a potentially achievable path forward that may have delivered SCE&G a similar megawatt capacity as its 55% interest in the two reactors and provided a long-term hedge against carbon legislation/regulation and against gas price volatility.  SCE&G had not reached a final decision regarding this alternative when Santee Cooper determined that it would be unwilling to proceed with continued construction.  Consequently, SCE&G determined that it is not in the best interest of customers and other stakeholders for it to continue construction of one reactor.

Based on the evaluation and analysis, and Santee Cooper’s decision, SCE&G has concluded that the only remaining prudent course of action will be to abandon the construction of both Unit 2 and Unit 3 under the terms of the Base Load Review Act (BLRA).  Accordingly, normal construction activities at the site will cease immediately and efforts will be shifted toward an orderly transition of winding down and securing the project property.  SCE&G plans to use the anticipated payments resulting from the settlement of Toshiba’s guaranty to mitigate cost impacts to SCE&G electric customers.

Abandonment Proceeding  On August 1, 2017, SCE&G will fully brief the Public Service Commission of South Carolina and thereafter initiate the abandonment proceeding.  In accordance with the BLRA, SCE&G intends to seek an amortization of the project costs and a return at the weighted average cost of capital on the unamortized balance until fully recovered. SCE&G plans to use the anticipated proceeds from the Toshiba settlement and benefits derived from tax deductions to mitigate rate increases and lessen the impact on its customers for several years.

Background  SCANA Corporation—which is headquartered in Cayce, South Carolina—is an energy-based holding company principally engaged, through subsidiaries, in electric and natural gas utility operations and other energy-related businesses. The Company serves approximately 718,000 electric customers in South Carolina and approximately 1.3 million natural gas customers in South Carolina, North Carolina and Georgia.

SCE&G is a regulated public utility engaged in the generation, transmission, distribution and sale of electricity to approximately 718,000 customers in South Carolina.  The company also provides natural gas service to approximately 362,000 customers throughout the state.

Additional information about SCANA and its businesses is available on the Company’s website at www.scana.com.  Additional information about SCE&G is available at www.sceg.com.