DRC-2018-005805 - 0901a0688084762d

State of Utah
GARY R. HERBERT
Governor
SPENCER J. COX
Lieutenant Governor
Department of
Environmental Quality
Alan Matheson
Execative Director
DIVISION OF WASTE MANAGEMENT
AND RADIATION CONTROL
Scott T. Anderson
Director
June 13.2018
Vern C. Rogers, Manager
Permiuing and Compliance
EnergySolutions LLC
299 South Main Street, Suite 1700
Salt Lake City, Utah 8411I
RE: Disposal of Reactor Pressure Vessel from the San Onofre Nuclear Generating Station (SONGS)
Dear Mr. Rogers:
On January 8, 2018, EnergySolutions presented a memorandum to me titled "San Onofre Unit I Reactor
Pressure Vessel Package Characteization" seeking concurrence for disposal of the referenced vessel at
its Clive Facility.
On March 16,2018,I requested EnergySolutions' position on whether the SONGS reactor pressure
vessel was precluded from disposal at the Clive facility by application of Utah Code 19-3-301(1), which
prohibits the disposal of "high level nuclear waste" in Utah. High level nuclear waste is defined in Utah
Code l9-3-102(8Xa) and includes "dismantled nuclear reactor components."
In submittals dated April 17, 2018 and May 29,2018,EnergySolutions presented its legal arguments as
to why the proposed disposal of the SONGS reactor pressure vessel is appropriate under the Utah Code.
The Division of Waste Management and Radiation Control and the Environment Section of the Utah
Attomey General's Office have completed their evaluation of EnergySolutions' legal arguments.
As explained in the enclosed memo to me from Bret F. Randall, Assistant Attomey General, there is a
legal ambiguity regarding this matter because, notwithstanding the prohibition cited above,
EnergySolutions is licensed to dispose of Class A low level radioactive waste in accordance with Utah
Code 19-3-103.7(1) and 19-3-105(2)and (3Xa). EnergySolutions also contends that the SONGS reactor
pressure vessel has been properly designated as Class A low level radioactive waste under state and
195 North 1950 West' Salt Lake City, UT
Mailing Address: P.O. Box 144880 ' Salt Lake City, UT 841144880
Telephone [phone]'Fax [phone] 'T.D.D. (801) 534284
ttntrw.deq.utnh.gw
Printed on 1007o recYcled PaPer
DRC-2018-005805
(Over)
federal law. Thus, there are two different statutory provisions that can reasonably be interpreted in two
different ways at the same time.
I have concluded that the SONGS reactor pressure vessel may be disposed at EnergySo lutions' Clive
facility without violating the Utah Code, provided it meets the definition of Class A low level
radioactive waste. This conclusion is not based on the legal analysis provided by EnergySolutions,
which I do not find to be persuasive. Rather, it is based on the general rule of interpretation provided by
the Utah Legislature in the Utah Code (see Randall memo, page 4).
Notwithstanding this interpretation, approval to receive and dispose of the SONGS reactor pressure
vessel is contingent upon receipt of previously requested information documenting that the appropriate
procedures were followed and the necessary data was collected as required by state and federal
radioactive waste classification procedures to support a Class A low level radioactive waste designation
for this component.
If you have any questions, please call me at [phone].
Division of Waste Management and Radiation Control
Enclosure: Memorandum from Bret F. Randall
c: Bret F. Randall, Attomey General's Office
Amanda Smith, Holland and Hart