[Federal Register Volume 69, Number 204 (Friday, October 22, 2004)]
[Notices]
[Pages 62099-62100]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-23665]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-213]
Connecticut Atomic Power Company, Haddam Neck Plant, Exemption
From Certain Low-Level Waste Shipment Tracking Requirements in 10 CFR
Part 20 Appendix G
1.0 Background
The Connecticut Yankee Atomic Power Company (CYAPCO) is the
licensee and holder of Facility Operating License No. DPR-61 issued for
Haddam Neck Plant (HNP), located in East Hampton, Connecticut. The HNP
is a permanently shutdown nuclear reactor facility. Beginning in 2003,
the amount of radioactive waste shipped from the site significantly
increased. The majority of the radioactive waste generated by the site
is related to HNP decommissioning activities. Inherent to the
decommissioning process, large volumes of slightly contaminated
concrete rubble and debris are generated that require shipment for
disposal in offsite low-level radioactive waste burial sites. Due
primarily to the volume of radioactive waste, CYAPCO has encountered an
increase in the number of routine shipments that take longer than 20
days from transfer to the shipper to receipt acknowledgment from the
burial site. Each shipment with receipt notifications greater than 20
days requires a special investigation and report to the Nuclear
Regulatory Commission (NRC) which the licensee believes to be
burdensome and unnecessary to meet the intent of the regulation.
2.0 Request/Action
In a letter to the Commission dated June 1, 2004, CYAPCO requested
an exemption from the requirements in 10 CFR part 20, Appendix G,
Section III.E, to investigate and file a report to the NRC if shipments
of low-level radioactive waste are not acknowledged by the intended
recipient within 20 days after transfer to the shipper. This exemption
would extend the time period that can elapse during shipments of low-
level radioactive waste before CYAPCO is required to investigate and
file a report to the NRC from 20 days to
[[Page 62100]]
35 days. The exemption would be limited to truck, combination truck/
rail shipping and potential future combination barge/rail shipping
methods. The exemption request is based on a statistical analysis of
the historical data of low-level radioactive waste shipment times from
the licensee's site to the disposal site.
3.0 Discussion
The proposed action would grant an exemption to extend the 20-day
investigation and reporting requirements for shipments of low-level
radioactive waste to 35 days. Beginning in 2003, CYAPCO has made over
40 shipments of low-level radioactive waste as part of the
decommissioning efforts at the facility. MHF Logistical Solutions is
the rail broker company used by CYAPCO to perform these shipments. MHF
Logistical Solutions has a tracking system that monitors the progress
of the shipments from their originating point at HNP to their final
destination at Envirocare of Utah, Inc. The shipments are made by
either truck or combination truck/rail and, according to CYAPCO, the
transportation time alone takes over 21 days on average, with one
shipment taking 25 days.
In addition, administrative procedures at Envirocare and mail
delivery can add up to 4 additional days. Based on historical data and
estimates of the remaining waste at HNP, CYAPCO could have to perform
over 400 investigations and reports to the NRC during the next 3 years
if the 20-day notification criteria is maintained. The licensee affirms
that the low-level radioactive waste shipments will always be tracked
throughout transportation until they arrive at their intended
destination. CYAPCO believes that the need to investigate, trace, and
report to the NRC on the shipment of low-level radioactive waste
packages not reaching their destination within 20 days does not serve
the underlying purpose of the rule and is not necessary. As a result,
CYAPCO states that granting this exemption will not result in an undue
hazard to life or property.
Pursuant to 10 CFR 20.2301, the Commission may, upon application by
a licensee or upon its own initiative, grant an exemption from the
requirements of regulations in 10 CFR part 20 if it determines the
exemption is authorized by law and would not result in undue hazard to
life or property. There are no provisions in the Atomic Energy Act (or
in any other Federal statute) that impose a requirement to investigate
and report on low-level radioactive waste shipments that have not been
acknowledged by the recipient within 20 days of transfer. Therefore,
the Commission concludes that there is no statutory prohibition on the
issuance of the requested exemption and the Commission is authorized to
grant the exemption by law.
The Commission acknowledges that based on the statistical analysis
of low-level radioactive waste shipments from the HNP site, the need to
investigate and report on shipments that take longer than 20 days could
result in an excessive administrative burden on the licensee. The
Commission asserts that the underlying purpose of the rule is to
investigate a late shipment that may be lost, misdirected, or diverted.
Because of the oversight and monitoring of radioactive waste shipments
throughout the entire journey from HNP to the disposal site, it is
unlikely that a shipment could be lost, misdirected, or diverted
without the knowledge of the carrier or CYAPCO. Furthermore, by
extending the elapsed time for receipt acknowledgment to 35 days before
requiring investigations and reporting, a reasonable upper limit on
shipment duration (based on historical analysis) is still maintained if
a breakdown of normal tracking systems were to occur. Consequently, the
Commission finds that there is no hazard to life or property by
extending the investigation and reporting time for low-level
radioactive waste shipments from 20 days to 35 days for truck,
combination truck/rail, or potential future combination barge/rail
shipments. Therefore, the Commission concludes that the underlying
purpose of 10 CFR part 20, Appendix G, Section III.E will be met.
4.0 Conclusion
Accordingly, the Commission has determined that, pursuant to 10 CFR
20.2301, the exemption requested by CYAPCO in its January 26, 2004,
letter is authorized by law and will not result in undue hazards to
life or property. Therefore, the Commission hereby grants CYAPCO an
exemption to extend the 20-day investigation and reporting requirements
for shipments of low-level radioactive waste, as required by 10 CFR
part 20, Appendix G, Section III.E, to 35 days.
Pursuant to 10 CFR 51.31, the Commission has determined that the
granting of this exemption will not have a significant effect on the
quality of the human environment as documented in Federal Register
notice 69 FR 59971 (October 6, 2004).
This exemption is effective upon issuance.
Dated in Rockville, Maryland this 14th day of October, 2004.
For the Nuclear Regulatory Commission.
Daniel M. Gillen,
Deputy Director, Division of Waste Management and Environmental
Protection, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 04-23665 Filed 10-21-04; 8:45 am]
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