DRC-2018-006021 - 0901a068808508bd

Div of Waste Management
and Radiation Control

ENERGYSOLUTIONS
azG-700-000il
June 19, 2018 CD18-0114
Mr. Scott T. Anderson
Director
Utah Division of Waste Management and Radiation Control
195 North 1950 West
Salt Lake City, Utah 84114-4880
Subject: Radioactive Material License UT 2300249; Request to Continue Review
of the Depleted Uranium Performance Assessment
Dear Mr. Anderson:
EnergySolutions herein requests that the Division of Waste Management and Radiation
Control continue technical review of the Clive Facility Depleted Uranium Performance
Assessment, as is required by Utah Administrative Code (UAC) R313-25-9(5)(a).
Condition 35.B of Radioactive Material License UT2300249 mandates EnergySolutions
to prepare and submit the Assessment (to which it complied on June 1, 2011 via CD11-
0153). Since 2011, EnergySolutions has actively supported the Division in satisfaction of
the Director's statutory and regulatory obligation to review the Depleted Uranium
Performance Assessment.
In making this request, EnergySolutions recognizes that the Safety Evaluation Report
(SER) - marked by the Division as Final - was released for public review on April 14,
2015. The SER identified eight minor technical questions that the Division considered
unresolved. In order to undertake additional technical analysis in a good faith effort to
resolve the remaining technical questions, EnergySolutions requested that the Division
temporarily place On Hold the SER public comment period (on April 14, 2015 via CD15-
0099). Additional analyses resolving these technical issues were submitted November 25,
2015 (via CD15-0266), with a request that the Division amend the SER to recognize that
the technical issues had been resolved and continue the public comment period. This
information was reviewed by the Division and new interrogatories received May 11,
2017. EnergySolutions undertook supplementary analyses and submitted additional
material on April 2, 2018 (via CD18-0036), repeating its request that the Division amend
the SER to recognize that the technical issues had been resolved and continue the public
comment period.
In addition to the limited unresolved technical questions, the Division released the 2015
SER with seven policy conditions that the Director would be required to include with any
subsequent approval. Energysolutions articulated at the time, and continues to hold that
the policy conditions are not appropriately included with the technical analysis of the
299 South Main Street, Suite 1700 • Salt Lake City, Utah 84111
[phone] • Fax: [phone] • www.energysolutions.com
ENERGY SOLUTIONS
Mr. Scott T. Anderson
CD18-0114
June 19, 2018
Page 2 of 2
SER. However, EnergySolutions also understood at the time the 2015 SER was released
to the public that the Division would require that these policy conditions be met prior to
disposal of large quantities of depleted uranium at the Clive Facility. EnergySolutions
notes that the Division's creation of these policy conditions did not prevent finalization of
the 2015 SER; nor were their resolution the basis for the additional time requested by
Energysolutions following its public release in 2015.
Furthermore, EnergySolutions observes that resolution of these policy conditions did not
preclude the Division's preparation of subsequent requests for additional technical
information nor EnergySolutions' preparation of additional analyses to resolve the few
remaining technical issues the Division still deemed were unclear. Additionally, no
recommendation regarding any policy conditions were made prerequisite to the
requirement initially obligating EnergySolutions to prepare a depleted uranium
performance assessment via promulgation of UAC R313-25-9(5) and amendment of
Condition 35 in Radioactive Material License UT2300249.
After significant expense and seven years of collaborative attempts to comply with its
regulatory obligation, EnergySolutions continues to support completion of the Director's
technical review and amendment of the 2015 SER. Should there be any questions
regarding this Request, please contact me at 801-649-2000.
Sincerely,
Vern C. Rogers yi4„ e ,e80 Jun 19 2018 2:18 PM
CACan
Vern C. Rogers
Manager, Compliance and Permitting
cc: Don Verbica, DWMRC
Helge Gabert, DWMRC
299 South Main Street, Suite 1700 • Salt Lake City, Utah 84111
[phone] • Fax: [phone] • www.energysolutions.com