Dominion Generation — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department Washington, D.C. 20590 400 Seventh St., S.W. Special Programs Research and Administration JUL 7 2003 Health Physicist Mr. Doug Noce Ref. No. 03-0151 Dominion Generation 5570 Hog Island Road Surry, VA 23883 Dear Mr. Noce: This is in response to your letter dated June 25, 2003 regarding the applicability of the Hazardous laterials Regulations (HMR; 49 CFR Parts 171-180) to movements of hazardous materials on privat ads. Specifically, you ask if the movement of radioactive materials along a 0.7 mile section o Highway Rt. 650 that is under the control of Dominion's armed security force is subject to the HMR. Based on the information you provided, the answer is no. The HMR govern the safe transportation of hazardous materials in intrastate, interstate, and foreign commerce. Transportation of hazardous materials exclusively on private property, to which signs, gates and guard stations prevent public access, is not subject to the HMR. I hope this satisfies your request. Sincerely, Susa Jidf Susan Gorsky Senior Transportation Regulations Specialist Office of Hazardous Materials Standard: 1711 030151#

Page 206/25/2003 12:35 7573652668 SPS EXPOSURE CONTROL PAGE 92 Supko - 51?1.1 Donig General Sury: VA 29993 Dominion Applicabitity 03-0151 Office of Hazardous Materials Standards Mr. Edward Mazzullo, Director June 25, 2003 4007 Street SW Washington, DC 20590 Dear Mr. Mazzullo: Dominion Generation - Surry Power Station requests clarification as to the applicability of Hazardous Materials Regulations, 49CFR parts 171-180, at our facility. Surry Power Station is a nuclear fueled, electric generating station. We routinely transport and safely handle Class 7 radioactive materials. Please reference the attached schematic of our site. Virginia Highway Rt. 650 borders our site, north/south for 0.7 mile and dead ends at the entrance to Hog Island Wildlife Reserve. Public access to this section of highway is under the control of Dominion's armed security force Transportation issued Dominion Generation a Land Use Permit (No. 53760) dated since September. 11, 2001. The Commonwealth of Virginia, Department of December 5, 2001, which allows us complete access control to our site since this is the only road in or out of the station. I spoke with Ms. Diane Lavalle of the US DOT, Office of Research and Special materials on a secured, road. She forwarded the referenced letters, one from US DOT Programs regarding the waiver of transport requirements for moving Class 7 hazardous We feel that these letters are relevant to our application and seek your concurrence that General Council and one from your office, which she felt provided adequate guidance, materials along the secured section of Highway Rt. 650. the requirements of 49CFR171-180 do not apply to the movement of Class 7 hazardous Sincerely, 4 oce Doug Noce Health Physicist 757-365-2457 Reference: Washington, DC 20585; dated April 23, 1991. 2000. Ref. No. 00-0090. America, Local 563, 232 E. Howard Avenue, Des Plaines, IL 60018; dated April 21,#