[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]
BILLING CODE 7590-01-P