United States Nuclear Regulatory Commission - Protecting People and the Environment

U.S. Nuclear Regulatory Commission

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

Page Last Reviewed/Updated Thursday, March 29, 2012