In the Matter of Envirocare of Utah, Inc.; Order Modifying Exemption From 10 CFR Part 70, 44123-44127 [05-15123]
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Federal Register / Vol. 70, No. 146 / Monday, August 1, 2005 / Notices
Fuel,’’ which was approved by the NRC
on February 4, 2000, demonstrated that
the effectiveness of the ECCS will not be
affected by a change from zircaloy fuel
rod cladding to M5 fuel rod cladding. In
addition, TR BAW–10227P
demonstrated that the Baker-Just
equation (used in the ECCS evaluation
model to determine the rate of energy
release, cladding oxidation, and
hydrogen generation) is conservative in
all post-LOCA scenarios with respect to
M5 advanced alloy as a fuel rod
cladding material. Based on the above,
no new accident precursors are created
by using M5 fuel cladding, thus, the
probability of postulated accidents is
not increased. Also, based on the above,
the consequences of postulated
accidents are not increased. In addition,
the licensee will use NRC-approved
methods for the reload design process
for ANO–1 reloads with M5 cladding.
Therefore, there is no undue risk to
public health and safety due to using
M5 cladding.
Consistent With Common Defense and
Security
The exemption requested results in
changes to the operation of the plant by
allowing the use of the M5 alloy as fuel
cladding material in lieu of zircaloy or
ZIRLO. This change to the fuel material
used in the plant has no relation to
security issues. Therefore, the common
defense and security is not impacted by
this exemption request.
Special Circumstances
Special circumstances, in accordance
with 10 CFR 50.12(a)(2)(ii), are present
whenever application of the regulation
in the particular circumstances would
not serve the underlying purpose of the
rule or is not necessary to achieve the
underlying purpose of the rule.
The underlying purpose of 10 CFR
50.46 is to ensure that facilities have
adequate acceptance criteria for the
ECCS. On February 4, 2000, the NRC
staff approved TR BAW–10227P in
which Framatome demonstrated that the
effectiveness of the ECCS will not be
affected by a change from zircaloy fuel
rod cladding to M5 fuel rod cladding.
The analysis described in the TR also
demonstrated that the ECCS acceptance
criteria applied to reactors fueled with
zircaloy fuel rod cladding are also
applicable to reactors fueled with M5
fuel rod cladding.
The underlying purpose of 10 CFR
part 50, appendix K, paragraph I.A.5, is
to ensure that cladding oxidation and
hydrogen generation are appropriately
limited during a LOCA and
conservatively accounted for in the
ECCS evaluation model. Appendix K
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requires that the Baker-Just equation be
used in the ECCS evaluation model to
determine the rate of energy release,
cladding oxidation, and hydrogen
generation. In TR BAW–10227P,
Framatome demonstrated that the
Baker-Just model is conservative in all
post-LOCA scenarios with respect to the
use of the M5 advanced alloy as a fuel
rod cladding material, and that the
amount of hydrogen generated in an
M5-clad core during a LOCA will
remain within the ANO–1 design basis.
The M5 alloy is a proprietary
zirconium-based alloy comprised of
primarily zirconium (∼99 percent) and
niobium (∼1 percent). The elimination
of tin has resulted in superior corrosion
resistance and reduced irradiationinduced growth relative to both
standard zircaloy (1.7 percent tin) and
low-tin zircaloy (1.2 percent tin). The
addition of niobium increases ductility,
which is desirable to avoid brittle
failures.
The NRC staff has reviewed the
licensee’s advanced cladding material,
M5, for PWR fuel mechanical designs as
described in TR BAW–10227P. In the
safety evaluation for TR BAW–10227P
dated February 4, 2000, the NRC staff
concluded that, to the extent specified
in the staff’s evaluation, the M5
properties and mechanical design
methodology are acceptable for
referencing in fuel reload licensing
applications. Therefore, since the
underlying purposes of 10 CFR 50.46
and 10 CFR part 50, appendix K,
paragraph I.A.5 are achieved through
the use of the M5 advanced alloy as a
fuel rod cladding material, the special
circumstances required by 10 CFR
50.12(a)(2)(ii) for the granting of an
exemption from 10 CFR 50.46 and 10
CFR part 50, appendix K exist.
Summary
The staff has reviewed the licensee’s
request to use the M5 advanced alloy for
fuel rod cladding in lieu of zircaloy or
ZIRLO. Based on the staff’s evaluation,
as set forth above, the staff concludes
that the exemption is authorized by law,
will not present an undue risk to public
health and safety, and is consistent with
the common defense and security. In
addition, the staff concludes that the
underlying purposes of 10 CFR 50.46
and 10 CFR part 50, appendix K are
achieved through the use of the M5
advanced alloy. Therefore, pursuant to
10 CFR 50.12(a), the staff concludes that
the use of the M5 advanced alloy for
fuel rod cladding is acceptable and the
exemption from 10 CFR 50.46 and 10
CFR part 50, appendix K is justified.
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4.0
44123
Conclusion
Accordingly, the Commission has
determined that, pursuant to 10 CFR
50.12(a), the exemption is authorized by
law, will not present an undue risk to
the public health and safety, and is
consistent with the common defense
and security. Also, special
circumstances are present. Therefore,
the Commission hereby grants Entergy
Operations, Inc. an exemption from the
requirements of 10 CFR 50.46 and 10
CFR part 50, appendix K to allow the
use of M5 cladding at ANO–1.
Pursuant to 10 CFR 51.32, the
Commission has determined that the
granting of this exemption will not have
a significant effect on the quality of the
human environment (70 FR 37126).
This exemption is effective upon
issuance.
Dated at Rockville, Maryland, this 25th day
of July 2005.
For the Nuclear Regulatory Commission.
Ledyard B. Marsh,
Director, Division of Licensing Project
Management, Office of Nuclear Reactor
Regulation.
[FR Doc. 05–15125 Filed 7–29–05; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 40–8989]
In the Matter of Envirocare of Utah,
Inc.; Order Modifying Exemption From
10 CFR Part 70
Nuclear Regulatory
Commission.
ACTION: Issuance of order to modify
Envirocare of Utah, Inc.’s exemption
from requirements of 10 CFR part 70.
AGENCY:
FOR FURTHER INFORMATION CONTACT:
James Park, Environmental and
Performance Assessment Directorate,
Division of Waste Management and
Environmental Protection, Office of
Nuclear Material Safety and Safeguards,
U.S. Nuclear Regulatory Commission,
Washington, DC 20555–0001.
Telephone: (301) 415–5835, fax number:
(301) 415–5397, e-mail: JRP@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
The Nuclear Regulatory Commission
(NRC) is issuing an Order pursuant to
section 274f of the Atomic Energy Act
to Envirocare of Utah, Inc. (Envirocare)
to modify Envirocare’s exemption from
certain NRC licensing requirements for
special nuclear material.
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Federal Register / Vol. 70, No. 146 / Monday, August 1, 2005 / Notices
II. Further Information
I
Envirocare of Utah, Inc, (Envirocare)
operates a low-level waste (LLW)
disposal facility in Clive, Utah. This
facility is licensed by the State of Utah,
an Agreement State. Envirocare also is
licensed by Utah to dispose of mixed
waste, hazardous waste, and 11e.(2)
byproduct material (as defined under
section 11e.(2) of the Atomic Energy Act
of 1954, as amended).
II
Section 70.3 of 10 CFR part 70
requires persons who own, acquire,
deliver, receive, possess, use, or transfer
special nuclear material (SNM) to obtain
a license pursuant to the requirements
in 10 CFR part 70. The licensing
requirements in 10 CFR part 70 apply to
persons in Agreement States possessing
greater than critical mass quantities as
defined in 10 CFR 150.11.
Pursuant to 10 CFR 70.17(a), ‘‘the
Commission may * * * grant such
exemptions from the requirements of
the regulations in this part as it
determines are authorized by law and
will not endanger life or property or the
common defense and security and are
otherwise in the public interest.’’
On May 24, 1999, the NRC
transmitted an Order to Envirocare. The
Order was published in the Federal
Register on May 21, 1999 (64 FR 27826).
The Order exempted Envirocare from
certain NRC regulations and permitted
Envirocare, under specified conditions,
to possess waste containing SNM in
greater quantities than specified in 10
CFR part 150, at Envirocare’s LLW
disposal facility located in Clive, Utah,
without obtaining an NRC license
pursuant to 10 CFR part 70. The
methodology used to establish these
limits is discussed in the 1999 Safety
Evaluation Report (SER) that supported
the 1999 Order (ADAMS Legacy Library
Accession No. 9905140064).
On January 30, 2003, the NRC revised
the Order to: (1) Include stabilization of
liquid waste streams containing SNM;
(2) include the thermal desorption
process; (3) change the homogenous
contiguous mass limit from 145
kilograms (kg) to 600 kg; (4) change the
language and SNM limit associated with
footnotes ‘‘c’’ and ‘‘d’’ of Condition 1 to
reflect all materials in Conditions 2 and
3; and (5) omit the confirmatory testing
requirements for debris waste. The
revised Order was published in the
Federal Register on February 13, 2003
(68 FR 7399).
In a letter dated July 8, 2003,
Envirocare proposed that the NRC
amend the 2003 Order. The NRC has
evaluated Envirocare’s request in two
phases. In the first phase, the NRC
evaluated the following requested
revisions: (1) Modify the table in
Condition 1 to include limits for
uranium and plutonium in waste
without magnesium oxide; (2) modify
the units of the table from picocuries of
SNM per gram of waste material to gram
of SNM per gram of waste material; and
(3) revise the language of Condition 5 to
be consistent with the revised units in
the table in Condition 1. The first phase
of these revisions was published in the
Federal Register on December 29, 2003
(68 FR 74986).
In the second phase, which is the
subject of this Order, the NRC evaluated
the remaining revisions that were
requested by Envirocare. These involve:
(1) Modifying the table in Condition 1
to include criticality-based limits for
uranium-233 and plutonium isotopes in
waste containing up to 20 percent of
materials listed in Condition 2 (e.g.,
magnesium oxide); (2) including
criticality-based limits in the table in
Condition 1 for plutonium isotopes in
waste with unlimited materials in
Condition 2, and in waste with
unlimited quantities of materials in
Conditions 2 and 3 (e.g., beryllium); (3)
providing criticality-based limits for
uranium-235 as a function of
enrichment in waste containing up to 20
percent of materials listed in Condition
2 and in waste containing none of the
materials listed in Condition 2; and (4)
including additional mixed waste
treatment technologies.
III
A principal emphasis of 10 CFR part
70 is criticality safety and safeguarding
SNM against diversion or sabotage. The
NRC staff considers that criticality
safety can be maintained by relying on
concentration limits, under the
conditions specified below.
Safeguarding SNM against diversion or
sabotage is not considered a significant
issue because of the diffuse form of the
SNM in waste meeting the conditions
specified. These conditions are
considered an acceptable alternative to
the criticality definition provided in 10
CFR 150.11, thereby assuring the same
level of protection. The NRC staff
reviewed the safety aspects of the
proposed action (i.e., the granting of
Envirocare’s request) in the SER, dated
November 2004. The NRC staff
concluded that additional conditions
were required to maintain sufficient
protection of health, safety, and the
environment. The exemption conditions
would be revised as follows:
1. For waste with no more than 20
weight percent of materials listed in
Condition 2, concentrations of SNM in
individual waste containers must not
exceed the following values at time of
receipt:
TABLE A
Maximum SNM concentration in waste
containing the described materials
(g SNM/g waste)
No materials listed
in Condition 2
Maximum of 20
weight percent of
materials listed in
Condition 2 and
no more than 1
weight percent of
beryllium
6.2E–4
6.9E–4
8.3E–4
9.9E–4
1.0E–3
1.3E–3
1.7E–3
2.3E–3
2.8E–3
5.4E–4
6.1E–4
7.4E–4
8.8E–4
9.6E–4
1.1E–3
1.5E–3
2.1E–3
2.5E–3
SNM nuclide
U-235
U-235
U-235
U-235
U-235
U-235
U-235
U-235
U-235
(>50%) a ............................................................................................................................................
(=50%) ..............................................................................................................................................
(=20%) ..............................................................................................................................................
(=10%) ..............................................................................................................................................
(=5%) ................................................................................................................................................
(=3%) ................................................................................................................................................
(=2%) ................................................................................................................................................
(=1.5%) .............................................................................................................................................
(=1.35%) ...........................................................................................................................................
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Federal Register / Vol. 70, No. 146 / Monday, August 1, 2005 / Notices
44125
TABLE A—Continued
Maximum SNM concentration in waste
containing the described materials
(g SNM/g waste)
No materials listed
in Condition 2
Maximum of 20
weight percent of
materials listed in
Condition 2 and
no more than 1
weight percent of
beryllium
3.5E–3
4.5E–3
5.0E–3
4.7E–4
2.8E–4
2.2E–4
3.2E–3
4.2E–3
4.8E–3
4.3E–4
2.6E–4
1.9E–4
SNM nuclide
U-235 (=1.2%) .............................................................................................................................................
U-235 (=1.1%) .............................................................................................................................................
U-235 (=1.05%) ...........................................................................................................................................
U-233 ...........................................................................................................................................................
Pu-239 .........................................................................................................................................................
Pu-241 .........................................................................................................................................................
a Percentage value refers to weight percent enrichment in U–235. For enrichments that fall between identified values in the table, the higher
value is the applicable value (e.g., for an enrichment of 14 weight percent U–235, the applicable concentration limit is that for 20 weight percent
U–235).
For waste with more than 20 weight
percent of materials listed in Condition
2, concentrations of SNM in individual
waste containers must not exceed the
following values at time of receipt:
TABLE B
Maximum SNM concentration in waste
containing the described materials
(g SNM/g waste)
Radionuclide
Unlimited quantities of materials
listed in Condition
2
U-235 (>50%) ..............................................................................................................................................
U-235 ...........................................................................................................................................................
U-233 ...........................................................................................................................................................
Pu-239 .........................................................................................................................................................
Pu-241 .........................................................................................................................................................
3.4E–4
N/A
2.9E–4
1.7E–4
1.3E–4
Unlimited quantities of materials
listed in Conditions 2 and 3
1.2E–5
a 3.1E–4
1.1E–5
7.5E–6
5.3E–6
a For uranium at any enrichment with sum of materials listed in Conditions 2 and beryllium not exceeding 45 percent of the weight of the
waste.
Plutonium isotopes other than Pu-239
and Pu-241 do not need to be
considered in demonstrating
compliance with this condition. When
mixtures of these SNM isotopes are
present in the waste, the sum-of-the-
fractions rule, as illustrated below,
should be used.
The concentration values in
Condition 1 are operational values to
ensure criticality safety. Where the
values in Condition 1 exceed
concentration values in the
corresponding conditions of the State of
Utah Radioactive Material License
(RML), the concentration values in the
RML, which are averaged over the
container, may not be exceeded. Higher
concentration values are included in
Condition 1 to be used in establishing
the maximum mass of SNM for nonhomogeneous solid waste and liquid
waste.
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The measurement uncertainty values
should be no more than 15 percent of
the concentration limit, and represent
the maximum one-sigma uncertainty
associated with the measurement of the
concentration of the particular
radionuclide. When determining the
applicable U-235 concentration limit for
a specific enrichment percentage, the
analytical uncertainty shall be added to
the result (e.g., for a measurement value
of U-235 enrichment percentage of 1.1
+/¥0.2, the U-235 concentration limit
corresponding to an enrichment percent
of 1.35 shall be used). This shall be
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applied to analytical methods employed
by the generator prior to receipt and by
Envirocare upon receipt.
The SNM must be homogeneously
distributed throughout the waste. If the
SNM is not homogeneously distributed,
then the limiting concentrations must
not be exceeded on average in any
contiguous mass of 600 kilograms of
waste.
Liquid waste may be stabilized
provided the SNM concentration does
not exceed the SNM concentration
limits in Condition 1. For containers of
liquid waste with more than 600
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01AUN1
EN01AU05.001</GPH>
U -233 conc 100 wt%U -235 conc 10 wt%U -235 conc Pu -239 conc Pu -241 conc
+
+
+
+
≤1
U -233 limit 100 wt%U -235 limit 10 wt%U -235 limit Pu -239 limit Pu -241 limit
44126
Federal Register / Vol. 70, No. 146 / Monday, August 1, 2005 / Notices
kilograms of waste, the total mass of
SNM shall not exceed the SNM
concentration in Condition 1 times 600
kilograms of waste. Waste containing
free liquids and solids shall be mixed
prior to treatment. Any solids shall be
maintained in a suspended state during
transfer and treatment.
2. Except as allowed by Tables A and
B in Condition 1, waste must not
contain ‘‘pure forms’’ of chemicals
containing carbon, fluorine, magnesium,
or bismuth in bulk quantities (e.g., a
pallet of drums, a B–25 box). By ‘‘pure
forms,’’ it is meant that mixtures of the
above elements, such as magnesium
oxide, magnesium carbonate,
magnesium fluoride, bismuth oxide,
etc., do not contain other elements.
These chemicals would be added to the
waste stream during processing, such as
at fuel facilities or treatment such as at
mixed waste treatment facilities. The
presence of the above materials will be
determined by the generator, based on
process knowledge or testing.
3. Except as allowed by Tables A and
B in Condition 1, waste accepted must
not contain total quantities of beryllium,
hydrogenous material enriched in
deuterium, or graphite above one tenth
of one percent of the total weight of the
waste. The presence of the above
materials will be determined by the
generator, based on process knowledge,
physical observations, or testing.
4. Waste packages must not contain
highly water soluble forms of uranium
greater than 350 grams of uranium-235
or 200 grams of uranium-233. The sum
of the fractions rule will apply for
mixtures of U-233 and U-235. Highly
soluble forms of uranium include, but
are not limited to: uranium sulfate,
uranyl acetate, uranyl chloride, uranyl
formate, uranyl fluoride, uranyl nitrate,
uranyl potassium carbonate, and uranyl
sulfate. The presence of the above
materials will be determined by the
generator, based on process knowledge
or testing.
5. Waste processing of waste
containing SNM will be limited to
stabilization (mixing waste with
reagents), micro-encapsulation and
macro-encapsulation using low-density
and high-density polyethylene, macroencapsulation with cement grout, spraywashing, organic destruction (CerOx
process and Solvent Electron
Technology process), and thermal
desorption.
Envirocare shall confirm that the
SNM concentration in the rinse water
does not exceed the limits in Condition
1 following spray-washing, prior to
further treatment. If the rinse water is
evaporated, the evaporated product
shall comply with the requirements in
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Condition 1. Envirocare shall perform
sampling and analysis of the liquid
effluent collection system at a frequency
of one sample per 300 gallons or when
the system reaches capacity, whichever
is less.
Envirocare shall track the SNM mass
of waste treated using the CerOx
process. When the total concentration of
SNM is 85 percent of the sum of the
fraction rule in Condition 1, Envirocare
shall confirm the SNM concentration in
the phase reactor tank and replace the
solutions. The 10 percent enriched limit
shall be used for uranium-235. The
contents of the phase reactor tank
should be solidified prior to disposal.
When waste is processed using the
thermal desorption process and the
Solvent Electron Technology process,
Envirocare shall confirm the SNM
concentration following processing and
prior to returning the waste to
temporary storage.
6. Envirocare shall require generators
to provide the following information for
each waste stream:
Pre-Shipment
Waste Description. The description
must detail how the waste was
generated, list the physical forms in the
waste, and identify uranium chemical
composition.
Waste Characterization Summary.
The data must include a general
description of how the waste was
characterized (including the volumetric
extent of the waste, and the number,
location, type, and results of any
analytical testing), the range of SNM
concentrations, and the analytical
results with error values used to
develop the concentration ranges.
Uniformity Description. A description
of the process by which the waste was
generated showing that the spatial
distribution of SNM must be uniform, or
other information supporting spatial
distribution.
Manifest Concentration. The
generator must describe the methods to
be used to determine the concentrations
on the manifests. These methods could
include direct measurement and the use
of scaling factors. The generator must
describe the uncertainty associated with
sampling and testing used to obtain the
manifest concentrations.
Envirocare shall review the above
information and, if adequate, approve in
writing this pre-shipment waste
characterization and assurance plan
before permitting the shipment of a
waste stream. This will include
statements that Envirocare has a written
copy of all the information required
above, that the characterization
information is adequate and consistent
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Sfmt 4703
with the waste description, and that the
information is sufficient to demonstrate
compliance with Conditions 1 through
4. Where generator process knowledge
is used to demonstrate compliance with
Conditions 1, 2, 3, or 4, Envirocare shall
review this information and determine
when testing is required to provide
additional information in assuring
compliance with the Conditions.
Envirocare shall retain this information
as required by the State of Utah to
permit independent review.
At Receipt
Envirocare shall require generators of
SNM waste to provide a written
certification with each waste manifest
that states that the SNM concentrations
reported on the manifest do not exceed
the limits in Condition 1, that the
measurement uncertainty does not
exceed the uncertainty value in
Condition 1, and that the waste meets
Conditions 2 through 4.
7. Sampling and radiological testing
of waste containing SNM must be
performed in accordance with the
following: One sample for each of the
first ten shipments of a waste stream; or
one sample for each of the first 100
cubic yards of waste up to 1,000 cubic
yards of a waste stream, and one sample
for each additional 500 cubic yards of
waste following the first ten shipments
or following the first 1,000 cubic yards
of a waste stream. Sampling and
radiological testing of debris waste
containing SNM (that is exempted from
sampling by the State of Utah) can be
eliminated if the SNM concentration is
lower than one tenth of the limits in
Condition 1. Envirocare shall verify the
percent enrichment by appropriate
analytical methods. The percent
enrichment determination shall be made
by taking into account the most
conservative values based on the
measurement uncertainties for the
analytical methods chosen.
8. Envirocare shall notify the NRC,
Region IV office within 24 hours if any
of the above conditions are not met,
including if a batch during a treatment
process exceeds the SNM
concentrations of Condition 1. A written
notification of the event must be
provided within 7 days.
9. Envirocare shall obtain NRC
approval prior to changing any activities
associated with the above conditions.
IV
Based on the staff’s evaluation, the
Commission has determined, pursuant
to 10 CFR 70.17(a), that the exemption
of above activities at the Envirocare
disposal facility is authorized by law,
and will not endanger life or property or
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Federal Register / Vol. 70, No. 146 / Monday, August 1, 2005 / Notices
the common defense and security and is
otherwise in the public interest.
Accordingly, by this Order, the
Commission grants an exemption
subject to the stated conditions. The
exemption will become effective after
the State of Utah has incorporated the
above conditions into Envirocare’s
radioactive materials license. In
addition, at that time, the Order
transmitted in December 2003 will no
longer be effective.
Pursuant to the requirements in 10
CFR part 51, the Commission has
prepared an Environmental Assessment
(EA) for the proposed action and has
determined that the granting of this
exemption will have no significant
impacts on the quality of the human
environment. This finding was noticed
in the Federal Register on July 18, 2005
(70 FR 41241).
V
Documents related to this action,
including the application for
amendment and supporting
documentation, will be available
electronically at the NRC’s Electronic
Reading Room at https://www.NRC.gov/
reading-rm/adams.html. From this site,
you can access the NRC’s Agencywide
Document Access and Management
System (ADAMS), which provides text
and image files of NRC’s public
documents. The ADAMS accession
numbers for the documents related to
this notice are: Envirocare’s June 8,
2003, request (ML031950334), the NRC
staff’s July 2005 Environmental
Assessment (ML041200390), and the
NRC staff’s June 2005 SER
(ML041190003).
If you do not have access to ADAMS
or if there are problems in accessing the
documents located in ADAMS, contact
the NRC’s Public Document Room (PDR)
Reference staff at 1–800–397–4209, 301–
415–4737, or by e-mail to pdr@nrc.gov.
These documents may also be viewed
electronically on the public computers
located at the NRC’s PDR, O 1 F21, One
White Flint North, 11555 Rockville
Pike, Rockville, MD 20852. The PDR
reproduction contractor will copy
documents for a fee.
Dated in Rockville, Maryland this 22nd
day of July, 2005.
For the Nuclear Regulatory Commission.
Margaret V. Federline,
Acting Director, Office of Nuclear Material
Safety and Safeguards.
[FR Doc. 05–15123 Filed 7–29–05; 8:45 am]
BILLING CODE 7590–01–P
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NUCLEAR REGULATORY
COMMISSION
Proposed Generic Communication
Inaccessible or Underground Cable
Failures That Disable Accident
Mitigation Systems
Nuclear Regulatory
Commission.
ACTION: Notice of opportunity for public
comment.
AGENCY:
SUMMARY: The U.S. Nuclear Regulatory
Commission (NRC) is proposing to issue
a generic letter (GL) to:
Alert the licensees on the potential
susceptibility of certain cables to affect
the operability of multiple accidentmitigation systems;
Request that addressees provide
information regarding the monitoring of
the inaccessible or underground
electrical cables in light of the
information provided in this letter.
Adequate monitoring will ensure that
cables will not fail abruptly and cause
plant transients or disable accident
mitigation systems when they are
needed;
Require addressees, to submit a
written response to this generic letter
pursuant to 10 CFR 50.54(f).
This Federal Register notice is
available through the NRC’s
Agencywide Documents Access and
Management System (ADAMS) under
accession number ML050880448.
DATES: Comment period expires
September 30, 2005. Comments
submitted after this date will be
considered if it is practical to do so, but
assurance of consideration cannot be
given except for comments received on
or before this date.
ADDRESSES: Submit written comments
to the Chief, Rules and Directives
Branch, Division of Administrative
Services, Office of Administration, U.S.
Nuclear Regulatory Commission, Mail
Stop T6–D59, Washington, DC 20555–
0001, and cite the publication date and
page number of this Federal Register
notice. Written comments may also be
delivered to NRC Headquarters, 11545
Rockville Pike (Room T–6D59),
Rockville, Maryland, between 7:30 a.m.
and 4:15 p.m. on Federal workdays.
FOR FURTHER INFORMATION, CONTACT:
Thomas Koshy at 301–415–1176 or by email txk@nrc.gov.
SUPPLEMENTARY INFORMATION: NRC
Generic Letter 2005–XX, Inaccessible or
Underground Cable Failures that
Disable Accident Mitigation Systems.
Addressees
All holders of operating licenses for
nuclear power reactors, except those
PO 00000
Frm 00045
Fmt 4703
Sfmt 4703
44127
who have permanently ceased
operations and have certified that fuel
has been permanently removed from the
reactor vessel.
Purpose
The U.S. Nuclear Regulatory
Commission (NRC) is issuing this
generic letter to:
(1) Alert the licensees on the potential
susceptibility of certain cables to affect
the operability of multiple accidentmitigation systems.
(2) Request that addressees provide
information regarding the monitoring of
the inaccessible or underground
electrical cables in light of the
information provided in this letter.
Adequate monitoring will ensure that
cables will not fail abruptly and cause
plant transients or disable accident
mitigation systems when they are
needed.
Pursuant to 10 CFR 50.54(f),
addressees are required to submit a
written response to this generic letter.
Background
Cable failures have a variety of causes:
Manufacturing defects, damage caused
by shipping and installation, and
exposure to electrical transients or
abnormal environmental conditions
during operation. Most of these defects
worsen gradually over time as
insulation degradation leads to cable
failure.
Electrical cables in nuclear power
plants are usually located in dry
environments. However, some cables
are exposed to moisture from
condensation and wetting in
inaccessible locations such as buried
conduits, cable trenches, cable troughs,
duct banks, underground vaults and
direct buried installations. Cables in
these environments can fail due to
various failure mechanisms such as
water treeing (physical degradation),
electrical treeing or other mechanisms
of insulation degradation over varying
voltage levels that decrease the
dielectric strength of the conductor
insulation.
Information Notice (IN) 2002–12
described medium-voltage cable failures
at Oyster Creek and Davis-Besse and
several other plants which experienced
long-term flooding problems in
manholes and duct banks in which
safety related cables were submerged. In
response to the concern identified in IN
2002–12, several plants began manhole
restoration projects to replace faulty
dewatering equipment and cable
supports and made other modifications.
Several other plants have reported water
removal problems but have not yet
E:\FR\FM\01AUN1.SGM
01AUN1
]]>Agencies
[Federal Register Volume 70, Number 146 (Monday, August 1, 2005)]
[Notices]
[Pages 44123-44127]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-151]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 40-8989]
In the Matter of Envirocare of Utah, Inc.; Order Modifying
Exemption From 10 CFR Part 70
AGENCY: Nuclear Regulatory Commission.
ACTION: Issuance of order to modify Envirocare of Utah, Inc.'s
exemption from requirements of 10 CFR part 70.
-----------------------------------------------------------------------
FOR FURTHER INFORMATION CONTACT: James Park, Environmental and
Performance Assessment Directorate, Division of Waste Management and
Environmental Protection, Office of Nuclear Material Safety and
Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001. Telephone: (301) 415-5835, fax number: (301) 415-5397, e-mail:
JRP@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
The Nuclear Regulatory Commission (NRC) is issuing an Order
pursuant to section 274f of the Atomic Energy Act to Envirocare of
Utah, Inc. (Envirocare) to modify Envirocare's exemption from certain
NRC licensing requirements for special nuclear material.
[[Page 44124]]
II. Further Information
I
Envirocare of Utah, Inc, (Envirocare) operates a low-level waste
(LLW) disposal facility in Clive, Utah. This facility is licensed by
the State of Utah, an Agreement State. Envirocare also is licensed by
Utah to dispose of mixed waste, hazardous waste, and 11e.(2) byproduct
material (as defined under section 11e.(2) of the Atomic Energy Act of
1954, as amended).
II
Section 70.3 of 10 CFR part 70 requires persons who own, acquire,
deliver, receive, possess, use, or transfer special nuclear material
(SNM) to obtain a license pursuant to the requirements in 10 CFR part
70. The licensing requirements in 10 CFR part 70 apply to persons in
Agreement States possessing greater than critical mass quantities as
defined in 10 CFR 150.11.
Pursuant to 10 CFR 70.17(a), ``the Commission may * * * grant such
exemptions from the requirements of the regulations in this part as it
determines are authorized by law and will not endanger life or property
or the common defense and security and are otherwise in the public
interest.''
On May 24, 1999, the NRC transmitted an Order to Envirocare. The
Order was published in the Federal Register on May 21, 1999 (64 FR
27826). The Order exempted Envirocare from certain NRC regulations and
permitted Envirocare, under specified conditions, to possess waste
containing SNM in greater quantities than specified in 10 CFR part 150,
at Envirocare's LLW disposal facility located in Clive, Utah, without
obtaining an NRC license pursuant to 10 CFR part 70. The methodology
used to establish these limits is discussed in the 1999 Safety
Evaluation Report (SER) that supported the 1999 Order (ADAMS Legacy
Library Accession No. 9905140064).
On January 30, 2003, the NRC revised the Order to: (1) Include
stabilization of liquid waste streams containing SNM; (2) include the
thermal desorption process; (3) change the homogenous contiguous mass
limit from 145 kilograms (kg) to 600 kg; (4) change the language and
SNM limit associated with footnotes ``c'' and ``d'' of Condition 1 to
reflect all materials in Conditions 2 and 3; and (5) omit the
confirmatory testing requirements for debris waste. The revised Order
was published in the Federal Register on February 13, 2003 (68 FR
7399).
In a letter dated July 8, 2003, Envirocare proposed that the NRC
amend the 2003 Order. The NRC has evaluated Envirocare's request in two
phases. In the first phase, the NRC evaluated the following requested
revisions: (1) Modify the table in Condition 1 to include limits for
uranium and plutonium in waste without magnesium oxide; (2) modify the
units of the table from picocuries of SNM per gram of waste material to
gram of SNM per gram of waste material; and (3) revise the language of
Condition 5 to be consistent with the revised units in the table in
Condition 1. The first phase of these revisions was published in the
Federal Register on December 29, 2003 (68 FR 74986).
In the second phase, which is the subject of this Order, the NRC
evaluated the remaining revisions that were requested by Envirocare.
These involve: (1) Modifying the table in Condition 1 to include
criticality-based limits for uranium-233 and plutonium isotopes in
waste containing up to 20 percent of materials listed in Condition 2
(e.g., magnesium oxide); (2) including criticality-based limits in the
table in Condition 1 for plutonium isotopes in waste with unlimited
materials in Condition 2, and in waste with unlimited quantities of
materials in Conditions 2 and 3 (e.g., beryllium); (3) providing
criticality-based limits for uranium-235 as a function of enrichment in
waste containing up to 20 percent of materials listed in Condition 2
and in waste containing none of the materials listed in Condition 2;
and (4) including additional mixed waste treatment technologies.
III
A principal emphasis of 10 CFR part 70 is criticality safety and
safeguarding SNM against diversion or sabotage. The NRC staff considers
that criticality safety can be maintained by relying on concentration
limits, under the conditions specified below. Safeguarding SNM against
diversion or sabotage is not considered a significant issue because of
the diffuse form of the SNM in waste meeting the conditions specified.
These conditions are considered an acceptable alternative to the
criticality definition provided in 10 CFR 150.11, thereby assuring the
same level of protection. The NRC staff reviewed the safety aspects of
the proposed action (i.e., the granting of Envirocare's request) in the
SER, dated November 2004. The NRC staff concluded that additional
conditions were required to maintain sufficient protection of health,
safety, and the environment. The exemption conditions would be revised
as follows:
1. For waste with no more than 20 weight percent of materials
listed in Condition 2, concentrations of SNM in individual waste
containers must not exceed the following values at time of receipt:
Table A
------------------------------------------------------------------------
Maximum SNM concentration in waste
containing the described materials
(g SNM/g waste)
-------------------------------------
Maximum of 20
SNM nuclide weight percent of
No materials materials listed
listed in in Condition 2
Condition 2 and no more than
1 weight percent
of beryllium
------------------------------------------------------------------------
U-235 (>50%) \a\.................. 6.2E-4 5.4E-4
U-235 (=50%)...................... 6.9E-4 6.1E-4
U-235 (=20%)...................... 8.3E-4 7.4E-4
U-235 (=10%)...................... 9.9E-4 8.8E-4
U-235 (=5%)....................... 1.0E-3 9.6E-4
U-235 (=3%)....................... 1.3E-3 1.1E-3
U-235 (=2%)....................... 1.7E-3 1.5E-3
U-235 (=1.5%)..................... 2.3E-3 2.1E-3
U-235 (=1.35%).................... 2.8E-3 2.5E-3
[[Page 44125]]
U-235 (=1.2%)..................... 3.5E-3 3.2E-3
U-235 (=1.1%)..................... 4.5E-3 4.2E-3
U-235 (=1.05%).................... 5.0E-3 4.8E-3
U-233............................. 4.7E-4 4.3E-4
Pu-239............................ 2.8E-4 2.6E-4
Pu-241............................ 2.2E-4 1.9E-4
------------------------------------------------------------------------
\a\ Percentage value refers to weight percent enrichment in U-235. For
enrichments that fall between identified values in the table, the
higher value is the applicable value (e.g., for an enrichment of 14
weight percent U-235, the applicable concentration limit is that for
20 weight percent U-235).
For waste with more than 20 weight percent of materials listed in
Condition 2, concentrations of SNM in individual waste containers must
not exceed the following values at time of receipt:
Table B
------------------------------------------------------------------------
Maximum SNM concentration in waste
containing the described materials
(g SNM/g waste)
-------------------------------------
Radionuclide Unlimited
Unlimited quantities of
quantities of materials listed
materials listed in Conditions 2
in Condition 2 and 3
------------------------------------------------------------------------
U-235 (>50%)...................... 3.4E-4 1.2E-5
U-235............................. N/A \a\ 3.1E-4
U-233............................. 2.9E-4 1.1E-5
Pu-239............................ 1.7E-4 7.5E-6
Pu-241............................ 1.3E-4 5.3E-6
------------------------------------------------------------------------
\a\ For uranium at any enrichment with sum of materials listed in
Conditions 2 and beryllium not exceeding 45 percent of the weight of
the waste.
Plutonium isotopes other than Pu-239 and Pu-241 do not need to be
considered in demonstrating compliance with this condition. When
mixtures of these SNM isotopes are present in the waste, the sum-of-
the-fractions rule, as illustrated below, should be used.
[GRAPHIC] [TIFF OMITTED] TN01AU05.001
The concentration values in Condition 1 are operational values to
ensure criticality safety. Where the values in Condition 1 exceed
concentration values in the corresponding conditions of the State of
Utah Radioactive Material License (RML), the concentration values in
the RML, which are averaged over the container, may not be exceeded.
Higher concentration values are included in Condition 1 to be used in
establishing the maximum mass of SNM for non-homogeneous solid waste
and liquid waste.
The measurement uncertainty values should be no more than 15
percent of the concentration limit, and represent the maximum one-sigma
uncertainty associated with the measurement of the concentration of the
particular radionuclide. When determining the applicable U-235
concentration limit for a specific enrichment percentage, the
analytical uncertainty shall be added to the result (e.g., for a
measurement value of U-235 enrichment percentage of 1.1 +/-0.2, the U-
235 concentration limit corresponding to an enrichment percent of 1.35
shall be used). This shall be applied to analytical methods employed by
the generator prior to receipt and by Envirocare upon receipt.
The SNM must be homogeneously distributed throughout the waste. If
the SNM is not homogeneously distributed, then the limiting
concentrations must not be exceeded on average in any contiguous mass
of 600 kilograms of waste.
Liquid waste may be stabilized provided the SNM concentration does
not exceed the SNM concentration limits in Condition 1. For containers
of liquid waste with more than 600
[[Page 44126]]
kilograms of waste, the total mass of SNM shall not exceed the SNM
concentration in Condition 1 times 600 kilograms of waste. Waste
containing free liquids and solids shall be mixed prior to treatment.
Any solids shall be maintained in a suspended state during transfer and
treatment.
2. Except as allowed by Tables A and B in Condition 1, waste must
not contain ``pure forms'' of chemicals containing carbon, fluorine,
magnesium, or bismuth in bulk quantities (e.g., a pallet of drums, a B-
25 box). By ``pure forms,'' it is meant that mixtures of the above
elements, such as magnesium oxide, magnesium carbonate, magnesium
fluoride, bismuth oxide, etc., do not contain other elements. These
chemicals would be added to the waste stream during processing, such as
at fuel facilities or treatment such as at mixed waste treatment
facilities. The presence of the above materials will be determined by
the generator, based on process knowledge or testing.
3. Except as allowed by Tables A and B in Condition 1, waste
accepted must not contain total quantities of beryllium, hydrogenous
material enriched in deuterium, or graphite above one tenth of one
percent of the total weight of the waste. The presence of the above
materials will be determined by the generator, based on process
knowledge, physical observations, or testing.
4. Waste packages must not contain highly water soluble forms of
uranium greater than 350 grams of uranium-235 or 200 grams of uranium-
233. The sum of the fractions rule will apply for mixtures of U-233 and
U-235. Highly soluble forms of uranium include, but are not limited to:
uranium sulfate, uranyl acetate, uranyl chloride, uranyl formate,
uranyl fluoride, uranyl nitrate, uranyl potassium carbonate, and uranyl
sulfate. The presence of the above materials will be determined by the
generator, based on process knowledge or testing.
5. Waste processing of waste containing SNM will be limited to
stabilization (mixing waste with reagents), micro-encapsulation and
macro-encapsulation using low-density and high-density polyethylene,
macro-encapsulation with cement grout, spray-washing, organic
destruction (CerOx process and Solvent Electron Technology process),
and thermal desorption.
Envirocare shall confirm that the SNM concentration in the rinse
water does not exceed the limits in Condition 1 following spray-
washing, prior to further treatment. If the rinse water is evaporated,
the evaporated product shall comply with the requirements in Condition
1. Envirocare shall perform sampling and analysis of the liquid
effluent collection system at a frequency of one sample per 300 gallons
or when the system reaches capacity, whichever is less.
Envirocare shall track the SNM mass of waste treated using the
CerOx process. When the total concentration of SNM is 85 percent of the
sum of the fraction rule in Condition 1, Envirocare shall confirm the
SNM concentration in the phase reactor tank and replace the solutions.
The 10 percent enriched limit shall be used for uranium-235. The
contents of the phase reactor tank should be solidified prior to
disposal.
When waste is processed using the thermal desorption process and
the Solvent Electron Technology process, Envirocare shall confirm the
SNM concentration following processing and prior to returning the waste
to temporary storage.
6. Envirocare shall require generators to provide the following
information for each waste stream:
Pre-Shipment
Waste Description. The description must detail how the waste was
generated, list the physical forms in the waste, and identify uranium
chemical composition.
Waste Characterization Summary. The data must include a general
description of how the waste was characterized (including the
volumetric extent of the waste, and the number, location, type, and
results of any analytical testing), the range of SNM concentrations,
and the analytical results with error values used to develop the
concentration ranges.
Uniformity Description. A description of the process by which the
waste was generated showing that the spatial distribution of SNM must
be uniform, or other information supporting spatial distribution.
Manifest Concentration. The generator must describe the methods to
be used to determine the concentrations on the manifests. These methods
could include direct measurement and the use of scaling factors. The
generator must describe the uncertainty associated with sampling and
testing used to obtain the manifest concentrations.
Envirocare shall review the above information and, if adequate,
approve in writing this pre-shipment waste characterization and
assurance plan before permitting the shipment of a waste stream. This
will include statements that Envirocare has a written copy of all the
information required above, that the characterization information is
adequate and consistent with the waste description, and that the
information is sufficient to demonstrate compliance with Conditions 1
through 4. Where generator process knowledge is used to demonstrate
compliance with Conditions 1, 2, 3, or 4, Envirocare shall review this
information and determine when testing is required to provide
additional information in assuring compliance with the Conditions.
Envirocare shall retain this information as required by the State of
Utah to permit independent review.
At Receipt
Envirocare shall require generators of SNM waste to provide a
written certification with each waste manifest that states that the SNM
concentrations reported on the manifest do not exceed the limits in
Condition 1, that the measurement uncertainty does not exceed the
uncertainty value in Condition 1, and that the waste meets Conditions 2
through 4.
7. Sampling and radiological testing of waste containing SNM must
be performed in accordance with the following: One sample for each of
the first ten shipments of a waste stream; or one sample for each of
the first 100 cubic yards of waste up to 1,000 cubic yards of a waste
stream, and one sample for each additional 500 cubic yards of waste
following the first ten shipments or following the first 1,000 cubic
yards of a waste stream. Sampling and radiological testing of debris
waste containing SNM ( that is exempted from sampling by the State of
Utah) can be eliminated if the SNM concentration is lower than one
tenth of the limits in Condition 1. Envirocare shall verify the percent
enrichment by appropriate analytical methods. The percent enrichment
determination shall be made by taking into account the most
conservative values based on the measurement uncertainties for the
analytical methods chosen.
8. Envirocare shall notify the NRC, Region IV office within 24
hours if any of the above conditions are not met, including if a batch
during a treatment process exceeds the SNM concentrations of Condition
1. A written notification of the event must be provided within 7 days.
9. Envirocare shall obtain NRC approval prior to changing any
activities associated with the above conditions.
IV
Based on the staff's evaluation, the Commission has determined,
pursuant to 10 CFR 70.17(a), that the exemption of above activities at
the Envirocare disposal facility is authorized by law, and will not
endanger life or property or
[[Page 44127]]
the common defense and security and is otherwise in the public
interest. Accordingly, by this Order, the Commission grants an
exemption subject to the stated conditions. The exemption will become
effective after the State of Utah has incorporated the above conditions
into Envirocare's radioactive materials license. In addition, at that
time, the Order transmitted in December 2003 will no longer be
effective.
Pursuant to the requirements in 10 CFR part 51, the Commission has
prepared an Environmental Assessment (EA) for the proposed action and
has determined that the granting of this exemption will have no
significant impacts on the quality of the human environment. This
finding was noticed in the Federal Register on July 18, 2005 (70 FR
41241).
V
Documents related to this action, including the application for
amendment and supporting documentation, will be available
electronically at the NRC's Electronic Reading Room at https://
www.NRC.gov/reading-rm/adams.html. From this site, you can access the
NRC's Agencywide Document Access and Management System (ADAMS), which
provides text and image files of NRC's public documents. The ADAMS
accession numbers for the documents related to this notice are:
Envirocare's June 8, 2003, request (ML031950334), the NRC staff's July
2005 Environmental Assessment (ML041200390), and the NRC staff's June
2005 SER (ML041190003).
If you do not have access to ADAMS or if there are problems in
accessing the documents located in ADAMS, contact the NRC's Public
Document Room (PDR) Reference staff at 1-800-397-4209, 301-415-4737, or
by e-mail to pdr@nrc.gov.
These documents may also be viewed electronically on the public
computers located at the NRC's PDR, O 1 F21, One White Flint North,
11555 Rockville Pike, Rockville, MD 20852. The PDR reproduction
contractor will copy documents for a fee.
Dated in Rockville, Maryland this 22nd day of July, 2005.
For the Nuclear Regulatory Commission.
Margaret V. Federline,
Acting Director, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 05-15123 Filed 7-29-05; 8:45 am]
BILLING CODE 7590-01-P
