~ ------ENERGySOLUTIONs-------

November 18, 2019

Secretary U.S. Nuclear Regulatory Commission Washington, DC 20555-000 I

ATTN: Rulemakings and Adjudications Staff

Reference: Docket ID NRC-2017-0081

CD19-023 I

Subject: Comments on the draft " Regulatory Basis for the Disposal of Greater-than-Class C (GTCC) Waste"

EnergySolutions appreciates the opportunity to provide comments in response to the Federal Register notice regarding the U.S. Nuclear Regulatory Commission's (NRC) draft regulatory basis " Regulatory Basis for the Disposal of Greater-than-Class C (GTCC) Waste," to support the development of a rulemaking for the disposal of certain types of greater-than-Class-C waste in a low-level radioactive waste land disposal facility .

Energy Solutions is in favor of a rulemaking by the NRC that would allow disposal ofGTCC waste in a near-surface disposal facility based on a "risk-informed and performance-based" approach. For over 30 years, the nuclear industry has advanced in technical understanding and expertise in performance assessment modeling, updated site-specific parameters used in these models, and collected actual data from operating and monitoring licensed disposal sites. Based on this experience, EnergySolutions believes that GTCC waste can be safely disposed to ensure protection of the public and environment in compliance with the performance objectives prescribed in IO CFR Part 61. Site-specific radionuclide concentration limits for low-level radioactive waste (LLRW) could also be established as a license condition in lieu of the waste classification tables in 10 CFR Part 61.

The Low-Level Radioactive Waste Policy Amendments Act of 1985 (LLRWPAA, Public Law [P.L.] 99-240) specifies that the Federal government is responsible for the disposal of GTCC waste. Certain GTCC waste such as sealed sources associated with neutron irradiators or waste containing elevated gram quantities of Special Nuclear Material (SNM) may not be suitable for near-surface disposal due to challenges with ensuring compliance with performance objectives in 10 CFR Part 61 or due to safeguards and security requirements to control possession of SNM. Additionally, given the complexities surrounding the disposal of GTCC waste including long-term stewardship, commingling of GTCC waste with other Class A, B, C waste within the same disposal embankment, safeguard and security requirements associated with SNM, adequate performance assessment modeling to include all required pathway analyses, proposed pathway assessment dose limits, and other factors, EnergySolutions believes that the NRC must be a participant with the review and approval of GTCC-authorized license applications. Once the NRC determines that a license application for GTCC management with supporting analysis are suitable for near-surface disposal , then the NRC should transmit its approval to the Agreement State along with any associated conditions to ensure compliance with all applicable regulations ( e.g. , disposal of GTCC waste a minimum of five meters below ground surface and with a 500-year intruder barrier in place).

299 South Main Street, Suite 1700 ■ Salt Lake City, Utah 84111 (80 I) 649-2000 ■ Fax: (80 I) 880-2879 ■ www.energysolutions.com

EnergySolutions, LLC CD19-0231 Page 2 of 2

The NRC should not relinquish to an Agreement State all regulatory authority to license a near­surface disposal facility for disposal of GTCC waste, but should participate in the review process to ensure consistency with demonstrating compliance with all regulatory requirements (e.g., performance objectives, SNM possession limits, etc.). This recommended approach is consistent with how the NRC reviews and approves SNM exemption requests, such as the one granted to EnergySolutions' Clive Facility. This exemption was issued by the NRC and then incorporated by the Utah Division of Waste Management and Radiation Control (DWMRC) into Energy Solutions' Radioactive Material License UT2300249. The Utah DWMRC ensures that EnergySolutions complies with all license conditions including the SNM conditions that were authorized by the NRC. This joint effort ensures all Agreement States have access to NRC expertise and that a consistent means of evaluation is followed for each license application involving the ability to dispose of GTCC waste in a near-surface disposal facility given the complexity of issues mentioned previously.

Energy Solutions believes the existing process of NRC oversight of Agreement State programs, which is regularly assessed during Integrated Materials Performance Evaluation Program (IMPEP) reviews, should also be applicable for GTCC disposal. Agreement State oversight already ensures each licensee includes appropriate financial assurance for the disposal of licensed waste.

Energy Solutions supports the NRC's recommendation to revise the definitions in 10 CFR Part 61 to include "TRU" as part of the "waste" definition, since waste containing transuranic radionuclides should also be considered for near-surface disposal. The definition should be revised in a manner that distinguishes "TRU" waste destined for disposal in a Part 61-licensed facility from "TRU" waste that is the responsibility of DOE and disposed of at the DO E ' s Waste Isolation Pilot Plant (WIPP) facility near Carlsbad, NM. The NRC should also evaluate other potential updates to 10 CFR Part 61 such as radionuclide concentration limits in Table 1 and 2 for waste classification determinations for special forms of waste such as any remaining waste from Three Mile Island Unit 2 that DOE does not consider high level or GTCC waste.

As part of the rulemaking process, the NRC should also consult with the LLR W Compact Commissions throughout the United States to receive feedback on how Compacts implement NRC rulemaking activities in their policies, especially those regarding disposal of GTCC waste within their host state.

Thank you again for this opportunity to comment. Questions regarding these comments may be directed to me at (704) 343-6249 or gpvannoordennen@energysolutions.com.

Sincerely,

G~o/il-.. ~~ Gerrard van Noordennen Sr. Vice President Regulatory Affairs

• • ) , .~~r:JfL.,......JA■-~----------------,,----..---·

ORIGIN ID: JORA (949) 789-6687 LINDA CHOU ENERGYSOLUTIONS 5000 PACIFIC COAST HWY MSD3B SAN CLEMENTE, CA 92672

SHIP DATE: 18NOV19 ACTWGT: CAD: 11236693111NET4160

BILL SENDER

10 RULE MAKINGS AND ADJUSTMENTS STAFF OFFICE OF NMS & SAFEGUARDS 4934 BOILING BROOK PARKWAY

ROCKVILLE MD 20852 (800) 368-5642 /NV %1038100:J PO·

REF

DEPT 71038

Ill lllll llllllll llll II II I Ill I II Ill I Ill Ill I II II II I Ill Ill llll Ill llllll I I llll 11111111111111111

~

~ ~ ,=;

~

':~••11111 ill TRK# CQfill 77701505 5087

X1 NSFA

s-(A " ... I &-0-1 7

TUE - 19 NOV 8:00A FIRST OVERNIGHT

20852 MD-US IAD

~(L)

~ '1 V'J ( _(, ( "I. f--r," J Co 1),1 rr,. ~ J

o"-- &-iCC. I) 1 J wl. rt vr e u i

pr~v1,u..A1 ? ,L g e.

®

Kpress

m X ,-+ --. CD

"'Tl CD 0.. m X "'Tl --~ ~ 0 < CD ~

::J (C :::r ,-+@

~ ;;( <

~ "' "' 0

-n 0

RTFO 08:00 FZ

..... ~

::J -· (C :::r ,-+®

,,.

-n

I

~