U.S. Nuclear Regulatory Commission

Request for Retraction of Violation by Dairyland Power Cooperative

HPPOS-130 PDR-9111210344

Title: Request for Retraction of Violation by Dairyland

Power Cooperative

See the memorandum from J. A. Axelrad to W. H. Schultz

dated February 10, 1983, and the incoming request from W.

H. Schultz dated November 5, 1982. NRC's enforcement

responsibilities pursuant to 10 CFR 30.41 (b) (5) and (c)

with respect to state-licensed waste burial site

requirements do not include burial site requirements other

than those relating to type, form, and quantity of

materials.

A response from a licensee to a Region III Notice of

Violation (NOV) requested withdrawal of one of the cited

violations. The violation concerned adherence to an

acceptance criterion contained in the burial site license.

The violation was based on 10 CFR 30.41 (b) (5), that was

interpreted to require that applicable byproduct material

transfers be made in accordance with (under) terms of a

license issued to the transferee. In the case in question,

the transferee's license specified that drums must not be

laid on their sides in the transport van. This licensee

condition was not met, as determined by a South Carolina

State inspector.

Since issuance of the NOV, further consideration of the

interpretation of 10 CFR 30.41 as a basis for this citation

was given. It was concluded that the responsibilities of a

person transferring byproduct material under 10 CFR 30.41

are more appropriately defined in 10 CFR 30.41 (c), which

limits these responsibilities to verifying that the

transferee's license authorizes receipt of the type, form,

and quantity of byproduct materials to be transferred.

IE reviewed the case and agreed that the violation

involving that drums not being lain on their side be

retracted. This decision was based on the premise that

NRC's enforcement responsibilities, pursuant to 10 CFR

30.41 (b) (5) and (c) with respect to state-licensed burial

site requirements, do not include burial site requirements

not relating to type (radioisotope), form (chemical and/or

physical), and quantity (maximum activity). In the subject

case, the requirement for positioning the drums should not

have been considered a violation. However, if a burial

site's license does not authorize it to receive liquids,

and a licensee transfers materials to the burial site that

have not been dewatered, a citation against 10 CFR 30.41

(c) for failure to verify that the burial site is

authorized to receive waste containing liquid would be

appropriate because the violation involves the form of the

waste.

Regulatory references: 10 CFR 30.41, License Conditions

Subject codes: 3.5, 12.7, 12.17

Applicability: All