ML103340225

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Review of 2010 Waste Isolation Pilot Plant (Wipp) Biennial Environmental Compliance Report
ML103340225
Person / Time
Issue date: 12/23/2010
From: Vonna Ordaz
NRC/NMSS/SFST
To: Ziemianski E
US Dept of Energy, Carlsbad Field Office
Harry Felsher, FSME, 415-6559
References
Download: ML103340225 (3)


Text

December 23, 2010 Mr. Edward Ziemianski, Acting Manager U. S. Department of Energy Carlsbad Field Office P. O. Box 3090 Carlsbad, NM 88221

SUBJECT:

REVIEW OF 2010 WASTE ISOLATION PILOT PLANT BIENNIAL ENVIRONMENTAL COMPLIANCE REPORT

Dear Mr. Ziemianski:

I am responding to your letter seeking assistance in providing the Environmental Protection Agency with information addressing compliance of the Waste Isolation Pilot Plan (WIPP) with the laws administered by the U.S. Nuclear Regulatory Commission (NRC) during the time period from April 1, 2008, through March 31, 2010, as required by the WIPP Land Withdrawal Act. Section 16(a) of the WIPP Land Withdrawal Act states that no transuranic waste may be transported except in packages that have a design certified by the NRC and have been determined by the NRC to satisfy its quality assurance requirements. Regulations that apply to WIPP are the relevant sections of 10 CFR Part 71, promulgated under the authority of the Atomic Energy Act of 1954, as amended.

The NRC reviewed the pertinent parts of the 2010 Biennial Environmental Compliance Report (section 14.0) that you submitted to us and other NRC documents, including quality assurance inspection history. There were no NRC quality assurance inspections during this biennial period. Based on our review, we have concluded that WIPP was in compliance with the relevant sections of 10 CFR Part 71, for the two year period beginning April 1, 2008 and ending March 31, 2010.

The NRC identified the following edits in Section 14.0 of your compliance report. The following three Certificate of Compliance (CoC) Revisions referenced in Section 14.2 have later revisions issued during the reporting period. They were all appropriately renewed under timely renewal.

TRUPACT II (CoC No. 9218, Revision 18) was issued on July 19, 2005 and expired on August 31, 2009. However, Revision 20 was issued on August 6, 2009 and expires on August 31, 2014.

RH-TRU 72-B (CoC No. 9212, Revision 4) was issued on July 28, 2006 and expired on February 28, 2010. However, Revision 5 was issued on March 19, 2010 and expires on February 28, 2015.

CNS 10-160B (CoC No. 9204, Revision 12) was issued on September 26, 2007 and expired on October 31, 2010. However, Revision 14 was issued on February 17, 2010 and expires on October 31, 2015.

Also, under section 14.2 on page 63, the timeframe regarding 10 CFR 71.95 reporting requirements is 60 days.

If you have any questions regarding this matter, please contact Chris Staab at (301) 492-3321.

Sincerely,

/RA/

Vonna Ordaz, Director U.S. Nuclear Regulatory Commission Division of Spent Fuel Storage and Transportation cc:

Susan McCauslin, U.S. DOE, CBFO Nick Stone, U.S. EPA Region 6

If you have any questions regarding this matter, please contact Chris Staab at (301) 492-3321.

Sincerely,

/RA/

Vonna Ordaz, Director U.S. Nuclear Regulatory Commission Division of Spent Fuel Storage and Transportation cc:

Susan McCauslin, U.S. DOE, CBFO Nick Stone, U.S. EPA Region 6 DISTRIBUTION:

LCamper/FSME HFelsher/FSME LKokajko/NMSS SMoore/FSME CMiller/FSME CPineda/NMSS ML1033402250 OFFICE FSME/DWMEP NMSS/SFST OGC NMSS/SFST NAME HFelsher CStaab JBielecki EEaston DATE 12/2/10 12/6/10 12/14/10 12/20/10 OFFICE FSME/DWMEP NMSS/SFST NMSS/SFST NAME RJohnson DWeaver DWeaver for VOrdaz DATE 12/21/10 12/21/10 12/23/10 OFFICIAL RECORD COPY