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HPPOS-274 PDR-9306140034

Technical Assistance Request, Authority to Receive Returned Waste Originally Generated Under an NRC License, Westinghouse Electric Corporation

See the memorandum from J. E. Glenn to R. R. Bellamy dated February 26, 1992, and the memorandum from P. H. Lohaus to J. E. Glenn dated January 30, 1992. These memos respond to a TAR from Region I concerning a request from Westinghouse Electric Corporation on guidance on how to receive waste originally generated under an NRC license.

Westinghouse requested guidance regarding whether a license condition must be incorporated into each license issued to Westinghouse by the NRC to explicitly authorize the return of radioactive waste originally generated under license and subsequently processed away from the licensed facility.

A proposed response by Region I suggested that no amendment is necessary to receive such material in accordance with the following conditions:

1. The possession limits on the license are not exceeded;

2. The form of the returned waste is authorized by the license and the radiological hazards from this waste have not been increased significantly by processing (since the facility originally generated the waste, this should not normally be the case, but some processing such as incineration may substantially concentrate the licensed material); and

3. There is adequate and appropriate storage capability for the returned waste at the licensed facility.

In addition, there would need to be reasonable assurance that the waste actually was that generated by the facility.

NMSS and LLWM reviewed the proposed Region I response. LLWM suggested, and NMSS concurred, that a fourth condition be added to the letter to verify that the licensee has specific authority in their license to receive the material. The Office of the General Counsel (OGC) raised this issue relative to the manner in which licenses are conditioned and a rule change is being developed to provide authority for reactor licensees to receive back material. LLWM did not believe that a similar situation exists for material’s licenses given the standard wording, included at the top of the material license 374 form, which includes a general statement of authority to receive, possess, and transfer material authorized in the license. OGC had no legal objections to the recommended course of action.

Regulatory references: License Conditions

Subject codes: 3.5, 9.0

Applicability: Reactor