NUREG-1537, Part 2 - NRC

Department of Energy
Washington,-D.C. 20585
Mr. Harold Denton
Director, Office of Nuclear Reactor
Regulation
U.S. Nuclear Regulatory Commission
Washington, D.C. 20055
Dear Mr. Denton:
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This will serve to clarify whether owners of research reactors will be required
to sign a nuclear waste disposal contract under the Nuclear Waste Policy Act
of 1982 (Public Law 97-425, 'The Act").
Section 302(b)(1)(B) of the Act provides that the Nuclear Regulatory Commission
(NRC), as it deems necessary or appropriate may require as a precondition to
the issuance or renewal of a license under Section 103 or 104 of the Atomic
Energy Act of 1954 (42 U.S.C. 2133, 2134) that the applicant shall have
entered into an agreement for the disposal of high-level radioactive waste
(HLW) and spent nuclear fuel (SNF) that may result from the use of such
license. Section 104 of the Atomic Energy Act relates generally to utilization
and production facilities, as those terms are defined in the Act (42 U.S.C.
2014(v), (cc), used for research and development purposes. We understand
that the NRC has written to all Section 104 licensees, suggesting that-they
enter into negotiations with the Department for nuclear waste disposal services
in view of Section 302(D)(1)(B) ,of the Act.
Generally, universities or other Government agencies operating research
reactors have existing agreements with the Department whereby DOE provides,
-ro '-.. ess'stz-:e :r-racts, tne funds to nu-chase the fuel. In such
cases, :ne Departmient retains title to tnat fuel and is obligated to tase the
ShF and/or HL! generated by these reactors for storage or reprocessing
at no cost to the research reactor organizations.
Accordingly, the Department of Energy has determined that owners of research
reactors who are university or Government entities and have entered into such
contracts with DOE, do not need further nuclear waste disposal contracts with
the Department as specified under the provisions of Section 302(B)(2) of the
Nuclear Waste Policy Act of 1982.
If you would like additional information or clarification on this matter
please contact me at (202) 252-6850.
Sincerely,
Robert L
Director
Nuclear Waste Policy Act
Project Office