Technical Assistance Request, Authority to Receive Returned Waste Originally Generated Under an NRC License, Westinghouse Electric Corporation
HPPOS-274 PDR-9306140034
Title: 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. Glen 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