DRC-2025-002557

299 South Main Street, Suite 1700 ▪ Salt Lake City, Utah 84111 [phone] ▪ Fax: [phone] ▪ www.energysolutions.com
August 8, 2025 CD-2025-161
Mr. Doug Hansen, Director Division of Waste Management and Radiation Control 195 North 1950 West Salt Lake City, UT 84114-4880
Subject: Radioactive Material License No. UT 2300249: Response to Compliance Advisory No. 2506006 Waste Greater than Class A
Dear Mr. Hansen: EnergySolutions respectfully responds to the July 1, 2025 Compliance Advisory issued by the Director of the Division of Waste Management and Radiation Control regarding Shipment 9125-13-0007 (Bates Number M16438) (GSAP 1307008022) that arrived on
August 16, 2024, and was subsequently determined to be greater than Class A. We appreciate the Director’s thorough evaluation and welcome the opportunity to demonstrate compliance with Radioactive Material License UT 2300249 (License) and address the concerns on the acceptance of Shipment 9125-13-0007. Director’s Request: The Director has requested EnergySolutions provide the following information: 1) A detailed root cause analysis focused on the acceptance of Shipment 9125-13-0007.
2) A proposal that fully addresses the findings of the root cause analysis that contain, at a minimum, corrective action to be taken by EnergySolutions to prevent the acceptance of waste greater than Class A in the future. Response to Director’s Request:
1) Enclosed is the Root Cause Analysis (RCA-CR-2025-0809). Compliance Advisory No. 2506006 (DRC-2025-001684) requested EnergySolutions respond within 30 days of the advisory (July 1, 2025). Due to the required level of review and analysis, the Root Cause Analysis was unable to be completed and documented within this time. EnergySolutions requested from the Director a 30
day extension request submitted on July 14, 2025 (CD-2025-146) and was approved by the Director on July 18, 2025 (DRC-2025-002238). 2) Based on information obtained during the Root Cause Analysis, and acceptance of waste occurring at the time the Radioactive Waste Manifest is signed by
EnergySolutions Personnel, it is impossible to fully ensure compliance with Radioactive Material Licence Condition 9.b as written:
Mr. Doug Hansen CD-2025-161 August 8, 2025 Page 2 of 3
299 South Main Street, Suite 1700 ▪ Salt Lake City, Utah 84111 [phone] ▪ Fax: [phone] ▪ www.energysolutions.com
In accordance with Utah Code Annotated 19-3-105, the Licensee may not receive
Class B or Class C low-level radioactive waste without first receiving approval
from the Director of the Division of Waste Management and Radiation Control (Director), the Governor and the Legislature Robust systems are in place to ensure waste is properly characterized and
manifested correctly, however, once an incoming waste shipment manifest is verified as compliant, Block nine on the Uniform Low-Level Radioactive Waste Manifest (NRC Form 540) is where the authorized Consignee acknowledges waste receipt and the shipment is accepted. Required sampling performed in accordance with the Waste Characterization Plan, Waste Analysis Plan, or
elective sampling for Thermal Desorption (such as this shipment) must be sampled from containers opened inside the radiologically restricted area post acceptance. In instances when confirmatory sample results show that the waste is greater than Class A, EnergySolutions follows established procedures for managing the nonconforming waste. In this case, the generator was notified, and
the waste was returned to the generator on May 20, 2025. License Condition 58 requires EnergySolutions to “Fulfil and maintain compliance with all license conditions and requirements in the current Waste Characterization Plan. Waste Characterization Plan, Step 3 – Procedures for
Accepting or Rejecting a Shipment for Management, states: “EnergySolutions
shall document that the required samples for radiological and deferred chemical screening parameters have been taken. Shipment(s) or package(s) which do not meet the acceptance criteria shall be managed as follows: a. Labeled “hold” and segregated to clearly identify the shipment(s) or package(s) to prevent further
management of the waste until the problem has been resolved; or b. Returned to
the generator”. In summary, in accordance with License Condition 58, EnergySolutions is required to not only maintain compliance with all license conditions, but also all requirements of the
Waste Characterization Plan (WCP). The WCP provides a plan for managing non-compliant waste that is identified during deferred radiological and chemical sampling and would be acceptable by the Division to identify after acceptance. This is not consistent with License Condition 9.B which prohibits the receipt of Class B and C waste without the consideration of post acceptance sampling and analysis in the Waste Characterization
Plan. EnergySolutions proposes several suggestions for corrective actions to include:
• Taking into consideration that the WCP requires sampling after the waste is taken
inside the Restricted Area, work with the Division to determine when “acceptance” actually takes place and revise associated documents
Mr. Doug Hansen CD-2025-161 August 8, 2025 Page 3 of 3
299 South Main Street, Suite 1700 ▪ Salt Lake City, Utah 84111 [phone] ▪ Fax: [phone] ▪ www.energysolutions.com
• Revision to Utah Code 13-3-103.7 to specify that waste must not be Class B or C
at the time of Disposal rather than at acceptance, therefore revising the license to be consistent with Utah code.
• Evaluate the need for a process to review waste generator waste characterization
processes.
EnergySolutions looks forward to further discussion regarding this matter and a path forward for the proposed corrective actions. For any questions, please contact me at (801)
649-2000.
Sincerely,

Steve D. Gurr Environmental Engineer and Manager
enclosures

Digitally signed by
Steve D. Gurr
Date: 2025.08.08
14:51:34 -06'00'