Author: MidwestCompact

Public Meeting Held re Performance of Monticello Nuclear Power Plant

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On May 26, 2016, the U.S. Nuclear Regulatory Commission (NRC) held a public meeting to discuss the agency’s annual review of safety performance of the Monticello nuclear power plant.  Northern States Power Co.-Minnesota operates the plant.  It is located in Monticello, Minnesota—approximately 30 miles northwest of Minneapolis.

The NRC’s performance action matrix reflects overall plant performance and agency response.  There are five columns in the matrix with Column 1 requiring a baseline level of inspection.  A move up to another column results in an increased level of NRC oversight and inspections.  Performance indicators are statistical measurements of plant and equipment performance.

Overall, the Monticello facility operated safely last year.  All performance indicators were “green” or low safety significance.  A security finding was issued at the end of 2014.  This finding, in addition to a previously identified yellow finding, would have resulted in a move to Column 4 and a significant increase in inspection.  However, the NRC determined the plant’s performance did not warrant this move and issued a deviation memo to the plant that placed it in Column 2.

The deviation memo noted that human performance issues continued to occur and needed to be addressed.  As a result, the plant committed to perform an independent safety culture assessment with a focus on human performance.  The deviation will remain open until the NRC completes its assessment of the plant’s safety culture evaluation.

The plant moved to Column 1 by the end of 2015.  While the details on the security finding are not publically available, the plant corrected the issue and the NRC conducted a follow-up inspection to verify the plant’s actions.

Monticello will also continue to receive the detailed routine inspections conducted at all nuclear power plants.  Routine inspections are performed by two NRC Resident Inspectors assigned to the plant and by inspection specialists from the Region III Office in Lisle and the agency’s headquarters in Rockville, Maryland.

For additional information, please contact Viktoria Mitlyng at (630) 829-9662 or at Prema Chandrathil at (630) 829-9663.

Open House Held re Assessment of Point Beach Nuclear Plant

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On May 25, 2016, the U.S. Nuclear Regulatory Commission (NRC) held a public open house to discuss the agency’s annual review of safety performance of the Point Beach nuclear plant.  The two-unit plant is operated by NextEra Energy Point Beach LLC and is located in Two Rivers, Wisconsin—approximately 13 miles northeast of Manitowoc.

Overall, NRC found that the Point Beach facility operated safely in 2015.  All performance indicators and inspection findings for both units were “green” or low safety significance.  The NRC uses color-coded inspection findings and performance indicators to assess nuclear plant performance.  The colors start with “green” and then increase to “white,” “yellow,” or “red,” commensurate with the safety significance of the issues involved.  Performance indicators are statistical measurements of plant and equipment performance.

This year, Point Beach Unit 1 and 2 will continue to receive the detailed routine inspections conducted at all nuclear power plants.  Routine inspections are performed by two NRC resident inspectors assigned to the plant and by inspection specialists from the Region III Office and the agency’s headquarters in Rockville, Maryland.  Among the areas of performance to be inspected this year are radiological safety, fire protection and emergency preparedness.

For additional information, please contact Viktoria Mitlyng at (630) 829-9662 or Prema Chandrathil at (630) 829-9663.

Open House Held re Performance of Prairie Island Nuclear Plant

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On May 18, 2016, the U.S. Nuclear Regulatory Commission (NRC) held an open house in Red Wing, Minnesota to discuss the agency’s annual assessment of safety performance for Prairie Island.  Northern States Power Co.-Minnesota operates the two-unit plant.  It is located in Welch, Minnesota—approximately 28 miles southeast of Minneapolis.

The NRC determined that the Prairie Island facility operated safely in 2015.  All performance indicators and inspection findings for Unit 1 were green or low safety significance and the unit remained in Column 1 of the action matrix throughout the year.  Unit 2, which was in Column 1 for the first three quarters of 2015, moved to Column 2 during the last quarter due to one white performance indicator of low to moderate significance in the area of unplanned scrams.  This performance indicator tracks the number of times the plant shut down unexpectedly during a specific period when the plant was operating at full power.

The NRC uses color-coded inspection findings and performance indicators to assess nuclear plant performance.  The colors start with green and then increase to white, yellow, or red, reflecting the safety significance of the issues involved.  Performance indicators are statistical measurements of plant and equipment performance.  The NRC’s action matrix reflects overall plant performance and agency response.  There are five columns in the matrix with Column 1 requiring a baseline level of inspections.  A move to the other columns results in an increased level of NRC oversight and inspections.

The NRC will conduct a supplemental inspection at Unit 2 to determine if the plant had understood the cause of the white performance indicator and taken sufficient corrective actions to prevent recurrence.  Unit 1 will continue to receive the NRC’s normal level of oversight during 2016.

Inspections are performed by two NRC Resident Inspectors assigned to the plant, inspection specialists from the Region III Office, and specialists from the agency’s headquarters in Rockville, Maryland.  Among the areas of performance to be inspected this year by NRC inspectors are radiological safety, spent fuel storage, and the plant’s ability to identify and resolve problems.

For additional information, please contact Viktoria Mitlyng at (630) 829-9662 or Prema Chandrathil at (630) 829-9663.

Final Supplement Issued for
 Yucca Mountain EIS

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In early May 2016, the U.S. Nuclear Regulatory Commission (NRC) published the staff’s final Environmental Impact Statement (EIS) supplement on a proposed permanent repository for spent nuclear fuel and high-level radioactive waste at Yucca Mountain in Nevada.  The supplement analyzes potential impacts on groundwater and surface groundwater discharges and determines all impacts would be “small.”

Overview

The May 2016 NRC document that supplements Environmental Impact Statements that the U.S. Department of Energy (DOE) prepared on the proposed repository.  DOE issued the final EIS in 2002, then supplemented it in June 2008 when it submitted a construction authorization application to the NRC.

Under the Nuclear Waste Policy Act, the NRC is to adopt DOE’s EIS to the extent practicable.  In September 2008, NRC staff recommended adoption of DOE’s Environmental Impact Statements, but noted the need to supplement the study of groundwater effects in the Yucca Mountain aquifer beyond DOE’s analyzed location at the site boundary.  DOE ultimately deferred to the NRC to prepare the supplement.

Background

In August 2015, NRC published a draft of the supplement for public comment.  (See LLW Notes, July/August 2016, pp. 28-29.)  During the 91-day comment period, NRC staff conducted public meetings to present the report and receive comments in Rockville, Maryland and in Las Vegas and Amargosa Valley, Nevada.

The NRC received more than 1,200 comments on the draft supplement, including comment letters and oral comments.  The NRC staff’s responses to these comments, and descriptions of changes made to the final report in response to comments, can be found in Appendix B of the supplement.

The supplement to the Yucca Mountain EIS is available on the NRC’s website at http://www.nrc.gov/reading-rm/doc-collections/nuregs/staff/sr2184/.

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

MOU Signed re Unlicensed Radioactive Material Cleanup at Military Bases

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In early May 2016, the U.S. Department of Defense (DoD and the U.S. Nuclear Regulatory Commission (NRC) announced the that they had finalized a Memorandum of Understanding (MOU) describing roles in the cleanup of radium and other unlicensed radioactive materials at military sites.  The MOU, which culminates several years of discussions between the parties, can be found on the NRC’s web site at www.nrc.gov.

Background

Until the 1960’s, Luminescent radium paint was widely used in vehicle instrumentation and other military applications.  Given that exposure to radium can increase the risk of adverse health effects, the military has a program to control or remediate legacy radium contamination and store and decontaminate equipment containing radium.  The military is also cleaning up other unlicensed radiological material.

Pursuant to legislation that was passed in 2005, Congress gave the NRC jurisdiction over radium and radium contamination.  In the addition, the U.S. Environmental Protection Agency (EPA) oversees cleanup work at some military sites under Superfund, which is more formally known as the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA).  As documented in the MOU, the NRC also has an independent federal oversight role at the other sites where the military is cleaning up radioactive materials.

Overview

The MOU provides two ways in which the NRC will be involved in military cleanup projects.

The first way is to stay informed of remediation activities.  At sites where the EPA has oversight under Superfund, NRC staff would limit its involvement to staying informed about remedial actions, oversight activities and issues.  This approach could involve document reviews, site visits and meetings with the Army, Air Force, Navy, Defense Logistics Agency, EPA and state agencies.

The second way is to monitor remediation activities.  At sites without EPA oversight, the NRC will monitor the cleanup of unlicensed radiological material, which could include document review and comment, site observations, and confirmatory radiological surveys.  This monitoring will provide independent federal oversight to confirm the remediation adequately protects public health and safety and the environment.

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

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

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

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

Overview

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

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

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

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

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

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

Background

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

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

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

NRC Releases Results of Byproduct Material Financial Scoping Study

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On April 27, 2016, the U.S. Nuclear Regulatory Commission (NRC) released SECY-16-0046, Results of the Byproduct Material Financial Scoping Study.  The purpose of SECY-16-0046 is to provide the Commission with the results of the staff’s byproduct material financial scoping study and recommendations for next steps.

In SECY-16-0046, NRC staff recommends that the financial assurance requirements in 10 CFR 30.35 should be expanded to include all byproduct material Category 1 and 2 radioactive sealed sources that are tracked in the National Source Tracking System (NSTS).  In making this recommendation, staff notes as follows:

The thresholds in 10 CFR 30.35 that require financial assurance for sealed radioactive material are seven orders of magnitude higher than for unsealed material.  As a result, many licensees that possess byproduct material Radioactive Sealed Sources (RSS), including many Category 1 and 2 RSSs, are not required to provide financial assurance for decommissioning.  If financial assurance is required, it is intended to support site decommissioning, not necessarily the disposition of an individual RSS that has become disused or unwanted.  Adequacy of financial planning for disposition of disused RSSs has been raised in a number of external reports issued over the past decade.

SECY-16-0046 further states that, per recent Commission direction, the staff plans to develop a rulemaking plan SECY paper to propose initiating rulemaking, which will also include a discussion of other regulatory options.  The staff plans to provide the SECY paper to the Commission in the fourth quarter of FY 2016.

NRC also released an accompanying document titled, Financial Planning for Radioactive Byproduct Material—Scoping Report, that provides background information; reviews key reports and recommendations; analyzes technical considerations; discusses decommissioning financial assurance requirements and funding plans; considers financial assurance methods and funding mechanisms, disposition paths other than disposal, and establishing funding requirements for disposition; reviews life-cycle issues, orphan sources, timeliness in declaring and dispositioning disused sources, and tracking; considers applicability to General Licenses, compatibility with Agreement State requirements, and security considerations; provides an overview of disposal access, DOE/NNSA source recovery and disposal programs, and transportation considerations; and, so forth.

SECY-16-0046 may be found on the NRC’s web site at www.nrc.gov under Accession Number ML16068A202.  Enclosure 1 may be found on the web site under Accession Number ML16068A205.

Central Midwest Compact Commission Holds Spring Meeting

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On April 26, 2016, the Central Midwest Interstate Low-Level Radioactive Waste Compact Commission held its spring meeting beginning at 9:00 am EDT / 8:00 am CDT.  The meeting was held at the conference room of the Kentucky Radiation Control in Frankfort, Kentucky.

The agenda for the meeting was as follows:

  • Call to Order
  • Adoption or Modification of the Agenda
  • Adoption of Minutes from the Previous Meeting on September 23, 2015
  • Executive Session
  • First Public Comment Period
  • Reports
  • Chairman & Host State Report
  • Acknowledgement of Agreed Mandated Responsibility (Illinois 45 ILCS 140 and Kentucky 211.859)
  • LLW Forum Spring Meeting
  • Disused Sources Working Group Meeting
  • Regulatory Information Conference
  • Kentucky Report
  • Maxey Flats Closure Update
  • PDGP Cleanup and Proposed Storage Cell Status
  • TENORM Possible Disposal Violation
  • Executive Assistant Report
  • Third Quarter Reporting and Financial Status
  • Discussion/Review of the Regional Management Plan
  • Second Public Comment Period
  • Other Business
  • Next Scheduled Meeting or Announcement of Special Meeting
  • Adjournment

For additional information, please contact Joseph Klinger, Chairman of the Central Midwest Interstate Low-Level Radioactive Waste Compact Commission, at (217) 836-3018 or at cmidwestcompact@yahoo.com.

Interested stakeholders may also go to the Central Midwest Interstate Low-Level Radioactive Waste Compact Commission web site at http://www.cmcompact.org.

Utah Waste Management and Radiation Control Board Holds April Meeting

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On April 14, 2016, 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, on the first floor of the Multi Agency State Office Building that is located at 195 North 1950 West in Salt Lake City, Utah.

The following items, among others, were on the agenda for the April 2016 Board meeting:

  1. Call to Order
  2. Approval of Meeting Minutes for the March 10, 2016 Board Meeting (Board Action Item)

III.    Underground Storage Tanks Update

  1. Administrative Rules
  2. Final Adoption of Proposed Changes to Hazardous Waste Rules R315-103, R315-124, R315-260, R315-261, R315-262, R315-263 R315-264, R315-265, R315-266, R315-268, R315-270, and R315-273 and setting of an effective date (Board Action Item)
  3. Final Adoption of the Repeal of Hazardous Waste Rules R315-1, R315-2, R315-3, R315-4, R315-5, R315-6, R315-7, R315-8, R315-9, R315-12, R315-13, R315-14, R315-16, and R315-50 and setting of an effective date (Board Action Item)
  4. Approval to Proceed with Formal Rulemaking and a 30-day Public Comment Period for Amendments to the Hazardous Waste Rules R315-124, R315-260, R315-261, R315-262, R315-264 and R315-273 (Board Action Item)
  5. Approval to Proceed with Formal Rulemaking and a 30-day Public Comment Period for Proposed Changes to Radiation Control Rules R313-19 and R313-22 to Incorporate Changes Requested by the Nuclear Regulatory Commission (NRC) (Board Action Item)
  6. Low-Level Radioactive Waste Section
  7. EnergySolutions’ Request for a Site-Specific Treatment Variance from the Hazardous Waste Management Rules—i.e., EnergySolutions Seeks Authorization to Dispose of One, 5-Gallon Bucket of Spent Lithium-Thionyl Chloride Batteries Following Macroencapsulation (Board Action Item)
  8. EnergySolutions’ Request for a Site-Specific Treatment Variance from the Hazardous Waste Management Rules—i.e., EnergySolutions Seeks Authorization to Dispose of High Concentration Arsenic Waste Following Macroencapsulation (Board Action Item)
  9. Director’s Report

VII.   Other Business

  1. Miscellaneous Information Item
  2. Scheduling of Next Board Meeting

VIII.  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.

Possession License Issued to Army for Depleted Uranium at Multiple Installations

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In late March 2016, the U.S. Nuclear Regulatory Commission (NRC) announced that the agency has added 15 installations to a license authorizing the U.S. Army to possess depleted uranium (DU).  The original license, issued in October 2013, applied to two sites in Hawaii.  The Army will use the same programs for environmental monitoring, radiation safety and physical security at all sites.

The DU comes from “spotting rounds” used with the Davy Crockett weapons system to assist with targeting accuracy.  The Army trained with this system at the sites in the 1960s.  The license allows the Army to possess and manage up to 12,567 pounds of DU and limits the amount at each site.  It requires the Army to comply with NRC regulations and standards for protecting the public and the environment from radiation, and is subject to NRC inspections and periodic reviews.  The license does not authorize the Army to use the DU or decommission the sites without additional review and approval by the NRC.

Background

In 1978, a license allowing the Army to manufacture and distribute the DU spotting rounds issued by the NRC’s predecessor (the Atomic Energy Commission) expired at the Army’s request.  Under the earlier license, the Army distributed the spotting rounds to a number of Army installations for testing, training and deployment.  Each round contained about six ounces of DU.

In November 2006, the Army told the NRC that it had discovered DU fragments at the Schofield Barracks on the island of Oahu.  Following that discovery, the Army reviewed old records and determined the Davy Crockett system was tested at other installations.  The Army has enough DU at these sites that, under the Atomic Energy Act and NRC regulations, it is required to have a possession license.

Amendment License

The initial license applied to Schofield Barracks on the island of Oahu and the Pohakuloa Training Area on the island of Hawaii.  The amendment license now also applies to

  • Forts Benning and Gordon (Georgia);
  • Forts Campbell and Knox (Kentucky);
  • Fort Carson (Colorado);
  • Fort Hood (Texas);
  • Joint Base Lewis-McChord/Yakima Training Center (Washington);
  • Fort Bragg (North Carolina);
  • Fort Polk (Louisiana);
  • Fort Sill (Oklahoma);
  • Fort Jackson (South Carolina);
  • Fort Hunter Liggett (California);
  • Fort Wainwright (Alaska);
  • Joint Base McGuire-Dix-Lakehurst (New Jersey); and,
  • Fort Riley (Kansas).

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

NRC Proposes to Amend Annual Fees Regulations

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The U.S. Nuclear Regulatory Commission (NRC) is proposing to changes to its regulations for the licensing, inspection, special project, and annual fees it would charge applicants and licensees for fiscal year (FY) 2016.  The proposed regulations would reduce annual fees for most licensees due to a decrease in the NRC’s budget.

On March 23, 2016, NRC published the proposed rule in the Federal Register.  The proposed rule includes fees required by law to recover approximately 90 percent of the agency’s budget.

For the FY 2016 proposed fee rule, the NRC’s estimated required fee recovery amount (after billing and collection adjustments) is $883.9 million.  Approximately 37 percent of the fees, or $325.8 million, would recover the cost of specific services to identifiable applicants and licensees under 10 CFR Part 170.  The remaining 63 percent, or $558.1 million, would be billed as annual fees under 10 CFR Part 171.

Compared with the FY 2015 annual fees, the FY 2016 proposed fees would decline for operating reactors, fuel facilities, research and test reactors, spent fuel storage/reactor decommissioning licensees, some materials users, and DOE transportation activities.  Fees would increase for most uranium recovery licensees.

The proposed rule includes several possible changes from the current FY 2015 fee rule.  First, the NRC would slightly lower the current hourly rate of staff review time from $268 to $266.  As a result of this change, the NRC would revise application and registration fees.  Second, the NRC would establish a fee structure to recover the agency’s costs in responding to significant requests for information, records, or NRC employee testimony related to lawsuits where the NRC is not a named party, also known as “Touhy requests.”  The proposed rule would assess fees on requests that require over 50 NRC staff hours.

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

Texas LLRW Disposal Compact Commission to Meet

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April 7, 2016 in Andrews County, Texas

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

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

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

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

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

 

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

Southwestern LLRW Compact Commission to Meet

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April 7, 2016 in San Diego, California

On April 7, 2016, the Southwestern Low-Level Radioactive Waste Commission will host its 72nd meeting beginning at 2:00 pm PDT at the Marriott Courtyard Hotel in San Diego, California.

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

  • call to order
  • roll call
  • welcome and introductions – introduce new Commissioner from South Dakota
  • statement regarding due notice of meeting
  • reports, status and/or activity

–     Commission Chair

–     Executive Director

–     licensing agency

–     party states

  • exportation

–     ratification of approved petitions

  • update on compact correspondence
  • Thermo Fischer update on sealed sources
  • report and update from the Committee for Export Issues (re: sealed sources – Qal Tek tour)
  • amend approved budget
  • public comment
  • future agenda items
  • next meeting date and location (October 7, 2016 at Hyatt Regency in Sacramento, California)
  • adjournment

Members of the public are 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 will be limited to 15 minutes.  Written material will also accepted.  A 15-minute public comment period will be provided near the end of the meeting at which time members of the public are invited to bring before the Commission issues relating to low-level radioactive waste but which are 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

NRC Hosts Public Meeting re Post-Fukushima Screening of “Other External Hazards” at U.S. Nuclear Power Plants

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On April 5, 2016, U.S. Nuclear Regulatory Commission (NRC) staff met with the public to discuss and solicit comments regarding the results of the staff’s preliminary screening of natural events other than earthquakes and flooding (ADAMS Accession No. ML16039A054).  This screening is part of the agency’s efforts to learn from the issues raised by the Fukushima nuclear accident in 2011.

During the meeting, NRC staff described the process used to screen natural events other than seismic and flooding events.  The results of that screening will identify which hazards (e.g., extreme drought, heavy snow loads, tornadoes and hurricanes) should be evaluated further to determine if additional regulatory action is needed.

Comments on the assessment can be e-mailed to JLD_Public.Resource@nrc.gov by April 12, 2016.  NRC staff will consider, to the extent possible, comments received after that date.

The final results of the staff’s screening will be provided to the NRC Commission by the end of May 2016.  The staff’s final assessment (including a determination of whether additional regulatory action is needed) will be provided by the end of the year.

NRC’s White Paper titled, “NRC Staff Assessment of Fukushima Tier 2 Recommendations Related to Evaluation of Natural Hazards Other Than Seismic and Flooding,” can be found at http://pbadupws.nrc.gov/docs/ml1603/ML16039A054.pdf.

To view the agenda for the meeting, go to http://pbadupws.nrc.gov/docs/ml1608/ML16084A538.pdf.

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

NRC Issues Annual Assessments for Nation’s Nuclear Plants

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On March 4, 2016, the U.S. Nuclear Regulatory Commission (NRC) announced that the agency has issued letters to the nation’s 99 commercial operating nuclear plants about their performance in 2015.  All but three plants were in the two highest performance categories.

“These assessment letters are the result of a holistic review of operating performance at each domestic power reactor facility,” said Bill Dean, Director of the Office of Nuclear Reactor Regulation.  “In addition to ensuring that the nation’s nuclear power plants are safe by inspecting them, the NRC continuously assesses performance.  The purpose of these assessment letters is to ensure that all of our stakeholders clearly understand the basis for our assessments of plant performance and the actions we are taking to address any identified performance deficiencies.”

Later this year, the NRC will host a public meeting or other event in the vicinity of each plant to discuss the details of the annual assessment results.  A separate announcement will be issued for each meeting.

Overview

Of the 96 highest-performing reactors, 85 fully met all safety and security performance objectives.  The NRC used the normal “baseline” inspection program to inspect these reactors.

Eleven reactors need to resolve 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:

  •   Clinton (Illinois);
  •   Davis Besse (Ohio);
  •   Dresden 2 (Illinois);
  •   Duane Arnold (Iowa);
  •   Indian Point 3 (New York);
  •   Millstone 3 (Connecticut);
  •   Prairie Island 2 (Minnesota);
  •   River Bend (Louisiana);
  •   Sequoyah 1 (Tennessee); and,
  •   Susquehanna 1 and 2 (Pennsylvania).

NRC reports that Duane Arnold, Millstone 3, and Susquehanna 1 and 2 have resolved their issues 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.

There were three reactors in the fourth performance category.  Arkansas Nuclear One 1 and 2 (Arkansas) 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.  NRC states that reactors in this category receive additional inspections and increased agency management attention to confirm performance issues are being addressed.

Background

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. The annual assessment letters sent to each operating reactor are also available through the NRC’s webpage on the Reactor Oversight Process.

Annual construction oversight assessments for new reactors at the Vogtle and Summer sites are available on the NRC website.  The assessment letter for Watts Bar 2, which received its operating license in October 2015, is also available.

Every six months each plant receives either a mid-cycle or annual assessment letter along with an NRC inspection plan.

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

Construction Permit to be Issued for SHINE Medical Isotope Facility

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On February 25, 2016, the U.S. Nuclear Regulatory Commission announced that the agency has authorized its staff to issue a construction permit for a first-of-a-kind facility dedicated to medical isotope production.

The Commission, having completed a mandatory hearing, found the staff’s review of the SHINE Medical Technologies, Inc. application sufficient to make the necessary safety and environmental findings.  This will be the first construction permit issued for either a non-power utilization or production facility by the NRC since 1985.

Overview

Once issued, the construction permit will allow SHINE to build a facility for the production of molybdenum-99 (Mo-99) and other radioisotopes.  Mo-99 is used in medicine to create technetium- 99m—an isotope used in millions of diagnostic procedures annually in the United States.

The facility will be located in Janesville, Wisconsin—approximately 40 miles southeast of Madison.  The United States has not commercially produced Mo-99 since 1989.  The facility will support U.S. Government efforts to establish a reliable domestic supply of this isotope.

Background

SHINE submitted its construction permit application in two parts on March 26, 2013 and May 31, 2013.  The NRC staff’s construction permit review process included the examination of the preliminary design and environmental impacts of the SHINE facility.

The Advisory Committee on Reactor Safeguards (ACRS) conducted an independent review of SHINE’s preliminary safety analysis report and the staff’s safety evaluation.  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.

On October 15, 2015, the ACRS recommended that the Commission issue the SHINE construction permit.

Next Steps

SHINE must submit a separate operating license application for NRC approval before it can operate the facility.

The operating license application will consist of a final safety analysis report including SHINE’s final facility design, plans for operation, emergency plan, physical security plan, and technical specifications.

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

NRC Conducts Special Inspection at Perry Nuclear Plant

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On February 29, 2016, the U.S. Nuclear Regulatory Commission (NRC) announced that the agency launched a Special Inspection into two recent events at the Perry nuclear power plant. According to NRC, neither event affected public health or safety at the plant.

The Perry nuclear power plant is operated by FirstEnergy Operating Co. and is located in Perry, Ohio—approximately 35 miles northeast of Cleveland.

Background

On February 8, 2016, operators at the Perry nuclear power plant manually shut down the reactor when they observed an increase of the temperature in the suppression pool.  The suppression pool is designed to condense steam and is also a water source for emergency cooling systems.

On February 11, 2016, while the reactor was shutdown, there was a temporary loss of power to certain plant cooling equipment.  Operators were able to use a redundant system and restore power to the cooling systems.

Inspection

“Even though the two events are not related, we have questions related to the response of the equipment and operator actions,” said NRC Region III Administrator Cynthia Pederson.  “Our team of specialists in reactor operations and electrical equipment will review the technical details to better understand what happened.”

On February 29, 2016, the four-member inspection team began work and will spend time both on and off site conducting their reviews.  After the inspection, a report documenting the team’s findings will be made publicly available.

For additional information, please contact Viktoria Mitlyng at (630) 829-9662 or Prema Chandrathil at (630) 829-9663.

Ohio Scrap Metal Facilities Receive Shipments Containing LLRW

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By press release dated February 24, 2016, the Ohio Department of Health (DOH) announced that “[s]crap metal facilities in Canton, Mansfield and Massillon received shipments containing low-levels of radiation.” The Ohio DOH release stated that the exact source of the radiation that contaminated the scrap metal is being investigated. “The contaminated scrap metal is securely contained and does not pose a health risk to the facilities’ employees or the general public,” states the Ohio DOH release.

The following day, on February 25, 2016, the Pennsylvania Department of Environmental Protection (DEP) put out a press release stating that it was notified on February 23 “that recycle scrap contaminated with radioactive material was shipped from a PSC Metals, Inc. facility in Beaver Falls, PA, to two facilities in Ohio.” According to the Pennsylvania DEP release, “[a] radium-226 source of unknown origin was accidentally shredded with other materials, then shipped to processing facilities in Ohio.”

The U.S. Nuclear Regulatory Commission (NRC) has been notified of the incident. PCS Metals has hired a licensed decontamination provider to develop a plan for cleanup at the Beaver Falls scrap yard and the Ohio sites, as well as for safe disposal of the contaminated scrap metal.

Ohio DOH radiation protection staff was on-site at all three facilities to conduct radiation testing and to ensure planning for the safe disposal of the contaminated scrap metal. According to the Ohio DOH release, radiation surveys of contaminated scrap metal:

  •   delivered to PCS Metals, Inc. in Canton showed a highest reading of 70 microrem per hour, which is equivalent to less than one-tenth of the radiation dose from a chest x-ray; and,
  •   delivered to PCS Metals, Inc. in Massillon showed a highest reading of 25 millirem per hour, which is equivalent to the radiation dose from two-and-a-half chest x-rays within one hour.

The Ohio DOH release states that contaminated scrap metal delivered to Tube City, Inc. in Mansfield was not unloaded and instead redirected to PCS Metals’ Canton facility. Surveys of employee clothing, locker areas and break rooms at both PCS Metals locations did not show any radiation contamination.

A team from Pennsylvania DEP’s Radiation Protection Program took extensive readings at the Beaver Falls scrapyard. “Elevated readings were found on one large metal shredder and on gloves used by two workers,” states the Pennsylvania DEP release. “DEP is performing additional testing to ensure that there was no skin contamination. Radium-226 can be harmful if ingested.”

The Pennsylvania DEP release goes on to state that preliminary tests on the workers who operated the Beaver Falls machine showed no contamination, but that results are still pending. The Pennsylvania DEP release further states that the shredder has been isolated and that there is no indication that there is any contamination at the site, nor outside the scrapyard property.

Registration is Now Open for the Spring 2016 LLW Forum Meeting

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Marriott Hotel in Park City, Utah from April 13-14, 2016

Optional Site Tour of Clive Facility on April 12, 2016

The Low-Level Radioactive Waste Forum (LLW Forum) is pleased to announce that registration is now open for our spring 2016 meeting, which will be held at the Park City Marriott Hotel on April 13-14, 2016.  Please mark your calendars accordingly and save the date!

The meeting will include an optional site tour of the EnergySolutions’ Clive low-level radioactive waste disposal facility for interested stakeholders on the afternoon of April 12, 2016.

There will also be a meeting of the Disused Sources Working Group (DSWG) for members & invited guests from 2:00 p.m. – 6:00 p.m. on Thursday, April 14, 2016, and from 9:00 a.m. – 1:00 p.m. on Friday, April 15, 2016.

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 meeting is being co-sponsored by the State of Utah’s Division of Waste Management and Radiation Control (DWMRC) and EnergySolutions.

The meeting documents—including bulletin and registration form—have been posted to the LLW Forum’s web site at www.llwforum.org. The meeting agenda will be posted in the coming weeks.

Attendance

Officials from states, compacts, federal agencies, nuclear utilities, disposal operators, brokers/processors, industry, and other interested parties are invited and encouraged to attend.

The meeting is 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. It also offers 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 spring 2016 LLW Forum meeting will be held on Wednesday, April 13 (approx. 9:00 am – 5:00 pm) and Thursday, April 14 (approx. 9:00 am – 1:00 pm) at:

Park City Marriott Hotel
1895 Sidewinder Drive
Park City, Utah 84060

The Park City Marriott Hotel is located in the Prospector Square area of Park City amid the scenic backdrop of a mountain community. A complimentary local shuttle to the Utah Olympic Park, Factory Stores at Park City or Old Town Main Street services the hotel.

Optional Site Tour

Meeting attendees are invited to participate in an optional tour of the EnergySolutions Clive facility on the afternoon of Tuesday, April 12. The Clive facility is located approximately 80 miles west of Salt Lake City, just south of I-80.

A bus will be provided by EnergySolutions and will leave from the Park City Marriott at noon.

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 Cecilia Snyder of the LLW Forum at the address, e-mail or fax number 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 at a discount rate of $118 per night plus tax, for Monday, April 11, for meeting attendees participating on the optional tour of Clive. A larger block of rooms at the same rate has been reserved for Tuesday, April 12, and Wednesday, April 13, for regular meeting attendees. A limited number of rooms are available at the discounted rate for 3 days prior to and after the meeting, subject to availability.

To make a reservation, please go to www.parkcitymarriott.com and enter special group code “LLWLLWA” or call 1-800-228-9290 and ask for a room in the Low-Level Waste block.

In order to receive the discounted rate, please make your reservation by March 20, 2016. Please note that there is a seven (7) day advanced notice requirement for cancellation of reservations to avoid a penalty.

Transportation and Directions

The Park City Marriott is located approximately 35 miles from the Salt Lake International Airport. The hotel does not provide shuttle service from and to the airport.

Shuttle service is available by reservation from Park City Shuttle (435-649-2227 or www.parkcityshuttle.com), Park City Transportation (800-637-3803 or www.parkcitytransportation.com), or All Resort Express (1-800-457-9457 or www.allresort.com).

For additional information, please contact Todd D. Lovinger, the LLW Forum’s Executive Director, at (754) 779-7551 or go to www.llwforum.org.

NRC Commissioner Ostendorff Will Not Seek Another Term

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On February 17, 2016, William Ostendorff announced that he would not seek another term at the U.S. Nuclear Regulatory Commission (NRC) after his term expires on June 30, 2016. Commissioner Ostendorff, who will have served for six years in the five-member body that oversees the safety of the country’s nuclear power plants, will instead return to the United States Naval Academy to teach, according to an agency spokesman.

The departure of Commissioner Ostendorff, a former naval officer who commanded an attack submarine and later taught and led the Math and Science Division at the Naval Academy, will leave the NRC with three members—two short of its intended staffing.

Ostendorff, a Republican, was originally appointed to the Commission by President Obama in 2010 to finish the term of retiring Commissioner Dale Klein. He was sworn in to a second term on July 7, 2011. He has served at the NRC through numerous challenges including, among other things, the agency’s response to the Fukushima D’aiichi nuclear disaster in Japan in 2011. “We made a conscious decision by a unanimous commission vote, five to zero, to not require any U.S. nuclear power plant to shut down because of safety concerns,” Ostendorff told Senators last year about the Fukushima response. “We did not have those safety concerns.”

At a recent conference on nuclear energy, Ostendoff was quoted as saying, “I feel very comfortable leaving the Commission at the end of June with where we are on Fukushima.”  In a statement, NRC Chair Stephen Burns said that Commissioner Ostendorff “brought a wealth of experience to the Commission and helped guide the agency through the challenges of Fukushima, a changing industry environment and many other challenging issues.”

Web Page Created on Increased Oversight of Pilgrim Nuclear Power Plant

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In mid-February 2016, the U.S. Nuclear Regulatory Commission established a web page on the agency’s website containing information about the agency’s increased oversight of the Pilgrim nuclear power plant. Among the items on the web page are background information, schedules, and NRC correspondence related to the increased oversight, inspection reports and other key documents. As the oversight process moves forward, newly released documents will be added to the page.

In mid-October 2015, Entergy Corporation announced plans to shut down Pilgrim by June 1, 2019. Entergy Corporation, which is one of the largest energy companies in the United States, cited economic factors in making the decision to close the plant.

In September 2015, the NRC announced that Pilgrim had moved to Column 4 of the Action Matrix used to determine the level and types of inspections to be performed at any given plant. Pilgrim—which is located in Plymouth, Massachusetts—made that transition after an inspection finding designated as “White,” or of low to moderate safety significance, was finalized for the facility.

The finding overlapped with two earlier findings that were also of low to moderate safety significance, resulting in an NRC determination that the plant should be in Column 4, also known as the Multiple/Repetitive Degraded Cornerstone Column, and therefore subject to additional oversight.

The web page can be found at http://www.nrc.gov/info-finder/reactors/pilg/special-oversight.html. For additional information, please contact Diane Screnci at (610) 337-5330 or Neil Sheehan at (610) 337-5331.

NRC Proposes FY 2017 Budget to Congress

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The U.S. Nuclear Regulatory Commission (NRC) has proposed a $970.2 million Fiscal Year (FY) 2017 budget to the U.S. Congress to regulate the nation’s nuclear power plants and radioactive materials users. The proposed budget for the Office of the Inspector General is an additional $12.1 million.

As proposed, the FY 2017 budget represents a decrease of nearly $20 million from FY 2016’s spending levels. The decreased budget proposal continues a steady decline in both spending and staffing. The agency’s budget is down eight percent since 2014.

The FY 2017 budget breakout includes $757.4 million for nuclear reactor safety and
$212.8 million for nuclear materials and waste safety and will allow the agency to continue to uphold its important safety and security mission. The budget also includes resources to continue implementation of lessons-learned from the Fukushima nuclear accident, the review of applications for medical isotope productions facilities, and the oversight of four new reactors that are under construction.

Project Aim, the NRC’s transformation effort, will ensure the agency has the right resource levels and workforce staffing to conduct its future work. The goal is to improve the NRC’s effectiveness, efficiency and agility. The FY 2017 budget incorporates some Project Aim recommendations and the Commission is considering a variety of other further potential efficiencies from the effort.

The amount requested for the Inspector General totals $12.1 million. That independent office conducts audits and investigations to ensure the efficiency and integrity of NRC programs, and promote cost-effective management. The OIG’s budget also includes funding to provide auditing and investigation services for the Defense Nuclear Facilities Safety Board.

The budget briefing slides and the Congressional Budget Justification are available on the NRC web site at www.nrc.gov. A limited number of hard copies of the report will be available from opa.resource@nrc.gov.

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

Registration Opens for NRC’s 2016 Regulatory Information Conference

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Registration is now open for the U.S. Nuclear Regulatory Commission’s (NRC’s) 28th annual Regulatory Information Conference (RIC). The conference is being held from March 8-10, 2016 at the Bethesda North Marriott located at 5701 Marinelli Road in Bethesda, Maryland. The NRC’s offices of Nuclear Reactor Regulation and Nuclear Regulatory Research jointly host the RIC. The conference is free and open to the public, but registration is required.

Approximately 3,000 people are expected to attend the RIC including industry executives, representatives from state governments, non-governmental organizations, individual community members, and representatives from dozens of foreign countries. The conference is an opportunity for attendees to discuss issues related to the safety and security of commercial nuclear facilities and current regulatory activities.

The program features NRC Chair Stephen Burns as the keynote speaker. Additional program highlights include plenary sessions with Commissioners Kristine Svinicki, William Ostendorff and Jeff Baran. NRC’s Executive Director for Operations, Victor McCree, will give remarks. Bill Dean, Director of NRC’s Office of Nuclear Reactor Regulation, will give welcome and introductory remarks.

Highlights of this year’s RIC include two sessions titled, “25 Years of NRC’s Principles of Good Regulation” and “Project Aim: Accomplishments and Next Steps.” Other technical sessions will address significant domestic and international issues such as cyber-security, subsequent license renewal, advanced and small modular reactors, spent fuel research activities and the reactor oversight process.

The conference agenda and online registration links are now available on the NRC web site at www.nrc.gov. The deadline for online registration is February 23, 2016. Early registration is encouraged; however, onsite registration will also be available during the conference.

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

New Reactor Licenses to be Issued for South Texas Project

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

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

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

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


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

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

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

NRC Issues RIS re Decommissioning Timeliness Rule Implementation and Associated Regulatory Relief

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On December 21, 2015, the U.S. Nuclear Regulatory Commission (NRC) issued Regulatory Issue Summary (RIS) 2015-19 titled, “Decommissioning Timeliness Rule Implementation and Associated Regulatory Relief.”

RIS 2015-19 was distributed to all holders of and applicants for NRC licenses under Title 10 of the Code of Federal Regulations (10 CFR) Part 30, “Rules of General Applicability to Domestic Licensing of Byproduct Material;” 10 CFR Part 40, “Domestic Licensing of Source Material;” 10 CFR Part 70, “Domestic Licensing of Special Nuclear Material;” and,

10 CFR Part 72, “Licensing Requirements for the Independent Storage of Spent Nuclear Fuel, High-Level Radioactive Waste, and Reactor- Related Greater than Class C Waste.” The notice was also distributed to Agreement State Radiation Control Program Directors and State Liaison Officers.

According to the document, NRC issued RIS 2015-19 in order to:

  1. provide clarity on the Decommissioning Timeliness Rule’s (DTR’s) requirements to notify the NRC to begin and complete decommissioning after certain criteria are met;
  1. highlight opportunities for licensees to request alternatives to the DTR’s requirements;
  1. remind licensees that there are situations where they can request an alternative to the DTR’s timeliness requirements for both beginning and completing decommissioning if adequately justified;
  1. clarify when the DTR applies to licensees whose only location of use are temporary jobsites; and,
  1. clarify when the NRC considers that the licensee has transitioned from an “operational” to a “decommissioning” status.

RIS 2015-19 requires no action or written response beyond that already required by regulations. The NRC provided RIS 2015-19 to the Agreement States for their information and for distribution to their licensees, as appropriate. However, a notice of opportunity for public comment on RIS 2015-19 was not published in the Federal Register because the RIS is intended to be informational and is not intended to represent a departure from current regulatory requirements.

NRC generic communications may be found on the NRC public Web site at http://www.nrc.gov by going to “NRC Library” and then to “Document Collections.” For additional information, please contact Greg Chapman of the NRC’s Office of Nuclear Material Safety and Safeguards (NMSS) at (301) 415-8718 or at Gregory.Chapman@nrc.gov.

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

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

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

Links to View Meeting

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

Agenda

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

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

Background

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

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

Comments Sought re Utah’s Proposed New Hazardous Waste Rules

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At its January 2016 meeting, the Utah Waste Management and Radiation Control Board (Board) authorized the following Hazardous Waste rules: R315-103, R315-124, R315-260, R315-261, R315-262, R315-263, R315-264, R315-265, R315-266, R315-268, R315-270, and R315-273 to be published in the Utah Bulletin and to commence a 30 day comment period.

The Board also approved the publication and commencement of public comment on the repeal of following rules: R315-1, R315-2, R315-3, R315-4, R315-5, R315-6, R315-7, R315-8, R315-9, R315-12, R315-13, R315-14, R315-16, and R315-50.

The comment period will begin on February 1, 2016.  Written comments on both of these proposals will be accepted if received by 5:00 p.m. MT on March 3, 2016. Written comments should be submitted to the following mailing address:

Scott T. Anderson, Director
Division of Waste Management and Radiation Control
Department of Environmental Quality
P.O. Box 144880
Salt Lake City, Utah 84114-4880

Comments can also be hand delivered and must be received by 5:00 p.m. MT on March 3, 2016. Hand-delivered comments should be submitted to the following address:

Division of Waste Management and Radiation Control
Multi Agency State Office Building
195 North 1950 West, 2nd Floor
Salt Lake City, Utah 84116

Comments can also be sent via electronic mail to swpublic@utah.gov.  Comments submitted via electronic format should be identified by putting, “Public Comment on Hazardous Waste Rules,” in the subject line. All documents included in comments should be submitted as ASCII (text) files or in pdf format.

An unofficial copy of the proposed hazardous waste rules will be made available on the Internet at http://www.deq.utah.gov/Laws_Rules/dshw/ProposedHWRules.htm.

For additional information, please contact Ralph Bohn of the Division of Waste Management and Radiation Control at (801) 536-0212.

NRC Seeks Comments re Contaminated Material and Contaminated Trash

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In a Federal Register notice issued on January 20, 2016, the U.S. Nuclear Regulatory Commission (NRC) announced that the agency is requesting comments on whether NRC staff should formally document a position on contaminated material and contaminated trash.

In February 2015, NRC issued Revision 1 of the Branch Technical Position on Concentration Averaging and Encapsulation (CA BTP). The CA BTP provides acceptable methods that can be used to perform concentration averaging of low-level radioactive waste for the purpose of determining its waste class for disposal. When the NRC issued the revised CA BTP, it noted that one issue, distinguishing contaminated materials from contaminated trash, may need further clarification. The NRC also stated that it would consider whether additional guidance, such as a Regulatory Issue Summary (RIS), would be warranted for distinguishing contaminated materials from contaminated trash.

Interested stakeholders are requested to submit comments by March 21, 2016. Comments received after this date will be considered if it is practical to do so, but NRC is able to ensure consideration only for comments received before this date.

The Federal Register notice includes a list of questions for which the NRC is requesting specific comments, as well as information on how to submit comments.

NRC’s request for comments can be found at 81 Federal Register 3,166 (January 20, 2016) via the following link: https://www.gpo.gov/fdsys/pkg/FR-2016-01-20/pdf/2016-00972.pdf.

For additional information, please contact Don Lowman, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, at (301) 415– 5452 or at Donald.Lowman@nrc.gov.

LLW Forum Sponsors Panel for Waste Management 2016 Conference

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The Low-Level Radioactive Waste Forum, Inc. (LLW Forum) has organized a panel for the Waste Management 2016 Conference titled, Hot Topics and Emerging Issues in US Commercial Low-Level Radioactive Waste Management. Panel 16 will focus on emerging issues in commercial low-level radioactive waste management in the United States from the perspective of representatives of the LLW Forum. State, federal and industry officials will share their views on a variety of timely and significant topics including:

  •   the proposal to license a disposal cell for Greater-than-Class C (GTCC), GTCC-like and Transuranic waste through means other than deep geologic disposal at the Waste Control Specialists (WCS) facility in Texas—Charles Maguire, Director of the Radioactive Materials Division at the Texas Commission on Environmental Quality (TCEQ);
  •   an initiative to develop implementation guidance for the Branch Technical Position on Concentration Averaging and Encapsulation (CA BTP)— Lisa Edwards, Senior Program Manager at the Electric Power Research Institute (EPRI);
  •   status of the proposed rule to amend 10 CFR Part 61, Licensing Requirements for Land Disposal of Radioactive Waste— Gregory Suber, Chief of the Low-Level Waste Branch at the U.S. Nuclear Regulatory Commission (NRC);
  •   the depleted uranium performance assessment, license and permit updates, and current waste disposal volumes and types at the Clive facility in Utah— Dan Shrum, Senior Vice-President of Regulatory Compliance at EnergySolutions; and,
  •   broker and processor perspectives on the management and disposition of disused sources— John McCormick, Vice-President at Bionomics, Inc.

The Waste Management 2016 Conference will be held at the convention center in Phoenix, Arizona from March 6-10, 2016. The LLW Forum-sponsored Panel 16 is scheduled to be held in Room 103AB from 1:30 – 3:10 p.m. on Monday afternoon—March 7, 2016.

As a reminder, registration rates for the Waste Management 2016 Conference are scheduled to increase on February 7, 2016.

Additional information on the Waste Management 2016 Conference can be found at www.wmsym.org or by contacting the Waste Management office at (480) 557-0263.

Workshop Scheduled for February 2-4, 2016 re Using Robotic Technologies at Nuclear Power Plants

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From February 2-4, 2016, the International Workshop on the Use of Robotic Technologies at Nuclear Facilities will be held in Gaithersburg, Maryland. The U.S. Nuclear Regulatory Commission (NRC) in conjunction with its U.S. and foreign counterparts is sponsoring the workshop, which will include the Organization for Economic Cooperation and Development’s Nuclear Energy Agency; the U.S. National Institute of Standards and Technology (NIST); the U.S. Department of Energy’s Office of Environmental Management (DOE/OEM); the U.S. Department of Homeland Security’s Science and Technology Directorate, Office of Standards; the United Kingdom’s Atomic Energy Authority; and, the Canadian Nuclear Safety Commission. The American Nuclear Society (ANS), ASTM International and IEEE Robotics and Automation Society are also collaborating on the workshop.

The workshop is scheduled to begin at 1:00 p.m. on February 2, 2016 at the Green Auditorium on the NIST campus at
100 Bureau Drive in Gaithersburg, Maryland. Interested stakeholders must register to attend the meeting and pay the associated $71.00 registration fee.

The workshop will cover existing and potential future uses of robotic technologies in safety applications and activities at nuclear facilities. The workshop will examine topics including how robots can evaluate plant systems; how robots can locate and recover radioactive material; and, how non- nuclear applications can be adapted to nuclear situations. The workshop will include discussion of lessons learned from historic nuclear applications and experiences (e.g., Three Mile Island, Sellafield, and Fukushima Daiichi); ongoing research; and, other relevant applications (e.g., NASA’s Martian rovers).

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

Texas Compact Seeks Comment re Proposed Import Approval Approach

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

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

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

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

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

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

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

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

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

 

NRC Requests Planned Licensing Action Submittals for All Power Reactor Licensees

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In late calendar year 2015, the U.S. Nuclear Regulatory Commission (NRC) issued Regulatory Issue Summary (RIS) 2015-16 to ask licensees to provide information regarding the licensing actions they plan to submit to the NRC for review over the next 3 calendar years, and power uprate applications they plan to submit to the NRC for review over the next 5 calendar years. The NRC plans to continue to request this information of licensees on an annual basis. Submittal of the requested information is strictly voluntary. No specific action or written response is required.

During the budget development process, the NRC allocates resources based on an assumed number of licensing actions of certain types (e.g., license amendments, exemptions, relief requests) that will be submitted for that particular fiscal year. To the degree that these assumptions do not correlate to incoming requests, the agency’s budget estimates can be significantly incorrect in total resources, specific skill sets, or both. This ultimately impedes the NRC’s ability to process licensing actions on a timely basis and can cause a significant delay in processing licensing actions when the required resources are not available. Specifically, licensing actions include requests for license amendments, renewals, and transfers; requests for exemptions; relief requests from in-service inspection and testing requirements; program reviews; review of topical reports submitted on a plant-specific basis; and, power uprate requests.

To more accurately forecast the resources needed to complete the requested licensing actions, the NRC is asking that all power reactor licensees voluntarily provide information regarding the number of licensing actions they plan to submit for NRC review for the next 3 calendar years, and any planned power uprates they plan to submit in the next 5 calendar years. The responses to NRC’s request are not binding and can be updated, as needed. The NRC plans to continue to request this information of licensees on an annual basis. This information will enable the agency to better meet its performance and timeliness goals under the agency’s strategic plan.

To adequately capture the resource impact of the various licensing action reviews, the NRC is requesting that licensees provide information such as a brief title and description of each of their planned licensing action submittals, an indication of whether the review would be first-of-a-kind or an update, an estimate of when the request would be submitted to the NRC, and the estimated requested completion date. Licensees would also assist the NRC by indicating if the licensing action is routine or if it is outage-related. Based on the information received, the NRC will determine the complexity of the review and the technical skill set needed to perform the review, and develop preliminary review schedules. The NRC will use this information in planning for future workload and as the basis for allocating future technical resources.

The NRC encourages continued communication between licensees and site-specific NRC project managers with regard to plant licensing actions and schedules for submittal of licensing actions. According to NRC, RIS 2015-16 is not intended to replace the communications that take place between licensees and project managers regarding current and planned licensing actions. Indeed, NRC states that the continued communication will play a large role in improving project planning by the agency. However, NRC believes that the information provided in response to RIS 2015-16 will help the agency improve project planning and resource allocation throughout the entire budget cycle.

For additional information, please contact Tracy Orf of the NRC’s Office of Nuclear Reactor Regulation at (301) 415-2788 or at tracy.orf@nrc.gov.

NRC Update on Common Prioritization and Re-Baselining (Project AIM)

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On January 14, 2016, the U.S. Nuclear Regulatory Commission (NRC) will hold a public meeting and teleconference to provide an update on Common Prioritization and Re-Baselining of NRC Activities (Project AIM Initiative) since the September 1, 2015 public meeting to solicit input from stakeholders on the agency’s work. This input assisted the agency in evaluating what activities can be shed (stopped), performed with fewer resources, or performed with a different priority, while still fulfilling its regulatory mission in a manner consistent with the NRC’s Principles of Good Regulation and its Organizational Values.

The meeting is scheduled from 9:30 – 11:30 a.m. in Room 01C05 of NRC Three White Flint North at 11601 Landsdown Street in Rockville, Maryland. Interested stakeholders that are unable to attend the meeting in person may participate via teleconference by calling 1-888-972-9342 and entering pass code 6813340.

The agenda for the meeting will include welcome and introductory remarks; overview of comments received; activities completed and in progress; next steps; public questions and answers; summary and closing comments; and, adjournment. NRC’s Office of the Executive Director for Operations will participate in the meeting.

For additional information, please contact Rani Franovich at (301) 287-3533 or at rani.franovich@nrc.gov or Gina Davis at (301) 415-5776 or at gina.davis@nrc.gov.

For additional information, please go to http://meetings.nrc.gov/pmns/mtg?do=details&Code=20151893.

Utah Waste Management & Radiation Control Board Holds January 2016 Meeting

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On January 14, 2016, 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 the Multi Agency State Office Building in Salt Lake City, Utah.

The following items, among others, were on the agenda for the Board meeting: call to order; approval of the meeting minutes for the December 10, 2015 Board meeting (Board Action Item); underground storage tanks update; hazardous waste rules including approval to proceed with formal rulemaking and 30-day public comment period for proposed Hazardous Waste Rules R315-103, R315-124, R315-260, R315-261, R315-262, R315-263, R315-264, R315-265, R315-266, R315-268, R315-270, and R315-273 (Board Action Item) and approval to proceed with formal rulemaking and 30-day public comment period for repeal of Hazardous Waste Rules R315-1, R315-2, R315-3, R315-4, R315-5, R315-6, R315-7, R315-8, R315-9, R315-12, R315-13, R315-14, R315-16, and R315-50 (Board Action Item); presentation on the X-Ray Program; other business including a miscellaneous information item and the next Board meeting; and, adjournment.

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.