Calvert Cliffs Nuclear Power Plant — Hazardous Materials Safety Interpretation

Page 1J.S. Departmen 400 Seventh St., S.W. f Transportation Washington, D.C. 20590 Research and Administration Special Programs FEB 2 0 2001 Mr. Charles H. Cruse Vice President Nuclear Energy Reference No.: 00-0284 Calvert Cliffs Nuclear Power Plant 1650 Calvert Cliffs Parkway Lusby, Maryland 20657 Dear Mr. Cruse: This is in response to your September 29, 2000 letter requesting a clarification on the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) concerning the requirements for placarding radioactive materials. Specifically, you request a clarification of the footnote to §172.504, Table 1, which states that a RADIOACTIVE placard also is required for exclusive use shipments of low specific activity (LSA) material and surface contaminated objects (SCO) transported in accordance with $ 173.427(a). It is your understanding that the RADIOACTIVE placard is only required for a shipment of LSA/SCO material that is required by § 173.427 to be consigned as "exclusive use". Your understanding is correct. Note 1 requires placarding when a shipment is required to be consigned as exclusive use in conformance with § 173.427. Therefore, when a shipment of LSA/SCO material is not required to be consigned as "exclusive use" but the shipper chooses to ship the material in this manner, a placard is not required. This issue will be clarified in a future rulemaking. I hope this information is helpful. Please contact this office if you need additional assistance. Sincerely, Hothe a mithell Hattie L. Mitchell, Chief Regulatory Review and Reinvention Office of Hazardous Materials Standards 000284#

Page 2• Vice President Charles H. Cruse 1650 Calvert Cliffs Parkway Lusby, Maryland 20657 Nuclear Energy 410 495-4455 Betts Constellation Nuclear 8172.504 Calvert Cliffs Nuclear Power Plant RAM A Member of the 00-0284 Constellation Energy Group September 29, 2000 U.S. Department of Transportation Director, Office of HazMat Standards DHM-10 7ü St. SW Washington, D.C. 20590 ATTENTION: Mr. Edward Mazzullo SUBJECT: Calvert Cliffs Nuclear Power Plant Clarification of Title 49 Code of Federal Regulations Part 172 Unit Nos. 1 & 2; Docket Nos. 50-317 & 50-318 The purpose of this letter is to request clarification of Title 49 Code of Federal Regulations (CFR) Part 172. use shipments of low specific activity material and surface containment [sic] objects transported in The footnote to 49 CFR 172.504, Table 1, states: "RADIOACTIVE placard also required for exclusive accordance with 173.427(a) of this subchapter" However, 49 CFR 173.427(a)(6) indicates that the (LSA)/surface contaminated objects (SCO) shipments that are "required to be consigned as exclusive "RADIOACTIVE-LSA" or "RADIOACTIVE-SCO" placard is required only for low specific activity use". Calvert Cliffs' understanding of these regulations is that the radioactive placard is only required for shipments of LSA/SCO material required to be shipped "exclusive use" (LSA/SCO shipments made in a trong, tight package). A placard is not required for LSA/SCO material shipments made in a Departmen f Transportation (DOT) Specification 7A, Type A package, even when shipped exclusive use, becaus the Specification 7A, Type A package is not required to be shipped exclusive use. In previous revisions (c. 1991) of 49 CFR 172.504, Table 1, the footnote indicated the radioactive placard is required in "accordance with 49 CFR 172.425(b) or (c)." The previous version of 49 CFR 172.425(b) indicates placards are not required when shipping LSA material in a DOT Specification 7A, Type A package. This is consistent with our understanding of the requirement for placarding. Through conversations with Mr. Fred Ferate of your office, we determined the intent of the regulations is consistent with our understanding. Mr. Ferate indicated the footnote to Table 1 is incorrect, and should be revised. Please provide a clarification of 49 CFR 172.504, Table 1, so that our utility can maintain compliance with DOT regulations.#

Page 3Mr. Edward Mazzullo September 29, 2000 Page 2 Should you have questions regarding this matter, we will be pleased to discuss them with you. Very truly yours, CHC/JK/dlm cc: Document Control Desk, NRC R. S. Fleishman, Esquire H. J. Miller, NRC A. W. Dromerick, NRC J. E. Silberg, Esquire Resident Inspector, NRC Director, Project Directorate I-1, NRC R. I. McLean, DNR#