1. NRC Oversight on Storage of Special Nuclear Material
Maurice Heath, Project Manager
Division of Decommissioning, Uranium Recovery and Waste Programs
Office of Nuclear Material Safety and Safeguards
Low-Level Radioactive Waste Forum
Denver, Colorado
October 30, 2014

2. Topics NRC Authority Definition of SNM NRC role SNM storage
SNM storage at WCS 2

3. NRC Authority Governing legislation
Atomic Energy Act of 1954
Low-Level Radioactive Waste Policy Amendments Act of 1985
NRC responsibilities under AEA and LLRWPAA
Regulatory framework for LLW disposal
Assistance to NRC Agreement States 3

4. NRC Authority cont’d Special Nuclear Material Transuranic Waste
plutonium, uranium enriched in the isotope 233 or in the isotope 235
Transuranic Waste
material contaminated with elements that have an atomic number greater than 92, including neptunium, plutonium, americium, and curium, and that are in concentrations greater than 10 nano- curies per gram, or in such other concentrations as the Nuclear Regulatory Commission may prescribe to protect the public health and safety 4

5. Special Nuclear Material
Agreement State authority
Authority to regulate special nuclear material in quantities not sufficient to form a critical mass
10 CFR
quantities for critical mass SNM
NRC maintains regulatory responsibility for SNM greater than critical mass 5

6. SNM Storage Waste Control Specialists in Andrews, TX
State of Texas (NRC Agreement State) issued Radioactive Materials License to WCS
Texas Commission on Environmental Quality is WCS Regulator
Holds NRC Order, allowing certain waste containing SNM greater than the amount specified in 10 CFR 6

7. SNM Storage WIPP Radiological Event, February 2014
Shipments to WIPP stopped shortly after
DOE, Los Alamos National Lab (LANL)
Waste containers with SNM
Need to store multiple waste package
Desire waste WCS for storage
WCS sent NRC an exemption request
Exempt WCS from 10 CFR Part 70 license 7

8. NRC Role NRC has issued Orders to WCS NRC Order supported
Exempting site from Part 70 license
Domestic Licensing of Special Nuclear Material
NRC Order supported
Environmental Assessment
Safety Evaluation Report 8

9. Conclusion Regulatory Authority is defined in Governing Legislation
Storage of SNM has safety evaluation and environmental review
NRC and Agreement States maintain communication to provide an effective and stable regulatory structure 9

10. Questions? 10