October 13, 2010 

MEMORANDUM TO: R. W. Borchardt 

 Executive Director for Operations 

FROM: Annette L. Vietti-Cook, Secretary /RA/ 

SUBJECT: STAFF REQUIREMENTS – SECY-10-0043 – BLENDING OF 

LOW-LEVEL RADIOACTIVE WASTE 

The Commission has approved the staff’s recommended Option 2 to revise the Commission’s 

current position on blending to be risk-informed and performance-based. As described in 

SECY-10-0043, Option 2 will be implemented through a combination of rulemaking and the 

issuance of guidance. 

After the staff develops the revised Branch Technical Position regarding the circumstances 

under which the large scale blending described in SECY-10-0043 is acceptable, it should be 

reviewed by the Advisory Committee on Reactor Safeguards (ACRS). Following ACRS review, 

the guidance should be published for public comment. 

The staff should work closely with the Agreement States to ensure maximum state flexibility in 

drafting the rule language and determining the appropriate compatibility category of the rule 

while also ensuring that the rule provides a clear requirement for a site specific analysis to 

ensure that blended waste is disposed of safely. 

The sense of the Commission is that entities wishing to pursue large scale blending should be 

encouraged to wait until the revised Branch Technical Position (BTP) is published in a final 

form. However, until such time as the BTP revision is in final form, licensing actions received by 

NRC for large scale commercial blending facilities should be reviewed on a case-by-case basis. 

Any new policy issues that arise during this interim time period should be communicated to the 

Commission. 

The staff should not include waste at Greater-Than-CIass-C (GTCC) concentrations in the 

scope of this rulemaking; GTCC waste is a Federal responsibility and these volumes should not 

be made into a State responsibility, even if the waste has been blended into a lower 

classification. 

The staff should develop a clear standard for determining homogeneity and should obtain 

stakeholder input on the approach as part of the revised BTP. The staff should evaluate 

homogeneity in the context of the volumes of waste an intruder could encounter in reasonably 

foreseeable inadvertent intruder exposure scenarios, and also evaluate it in relation to 

mathematical averaging. The staff should also consider whether limits on mathematical 

averaging are appropriate. 
The staff should provide clear guidance indicating the approach that should be used in 

conducting performance assessments for this type of waste. The staff should also consider 

whether any performance assessment information should be included as part of the rule instead 

of being contained in guidance. 

The staff should ensure that communications as part of the rule are tailored to the heightened 

public interest in blending and appropriately educate our stakeholders on the risks of blending. 

The staff should also consider additional opportunities for stakeholder involvement and 

education in development of the rule, such as additional public meetings or extension of the 

public comment period on the rule. 

cc: Chairman Jaczko 

 Commissioner Svinicki 

 Commissioner Apostolakis 

 Commissioner Magwood 

 Commissioner Ostendorff 

 OGC 

 CFO 

 OCA 

 OPA 

 Office Directors, Regions, ACRS, ASLBP (via E-Mail) 

 PDR