R.E. Ginna Nuclear Power Plan — Hazardous Materials Safety Interpretation

Page 1DEC 3 2004 of Transportation U.S. Department 400 Seventh St., S.W. Washington, D.C. 20590 Special Programs Research and Administration DEC 3 2604 Mr. Mark Harrison Ref. No.: 04-0266 RP Supervisor RW R.E. Ginna Nuclear Power Plant 1503 Lake Road Ontario, NY 14519 Dear Mr. Harrison: This is in response to your November 15, 2004 letter regarding the applicability of the power plant. Your scenarios and questions are paraphrased and answered as follows: Q1. Is a private company subject to the HMR when transporting radioactive samples and contaminated materials during a catastrophic failure at a nuclear power plant? Al. Yes. The transport of radioactive materials by a private company would be fully subject to the HMR, unless specifically excepted. Q2. Is a local government entity subject to the HMR when transporting radioactive samples and contaminated materials during a catastrophic failure at a nuclear power plant? A2. No. A local government entity that transports hazardous materials in vehicles operated by government personnel for non-commercial purposes is not a "person" for purposes of § 171.2 and, therefore, is not subject to the HMR. the HMR? Q3. Is an ambulance carrying a person contaminated with a radioactive material subject to A3. No. A person contaminated with a radioactive material is not an item of commerce; therefore, the ambulance would not be subject to the HMR I hope this information is helpful. Please contact us if you require additional assistance. Sincerely Hathe Mother Hattie Mitchell Chief, Regulatory Review and Reinvention Office of Hazardous Materials Standards 173.403 040266#

Page 2Satterthwaite §173.403 R.E. GINNA NUCLEAR POWER PLANT Definition of RAM 1503 LAKE ROAD 04-0266 ONTARIO, NEW YORK 14519 NOVEMBER, 15, 2004 TO: Office of Hazardous Materials Standards, Research and Special Programs Administration, DHM-10 SUBJECT: Request for Guidance and Interpretation in Accordance With 49 CFR 105.20 Nuclear Power Plants are required to routinely perform mock drills with usually, a worst case mock scenario of a catastrophic failure at a nuclear power plant with a release of radioactive material into the environment. The event involves participation by plant, state, county and federal agencies. Teams of personnel from the plant and county are sent out to track the plume, obtain air samples, and radiation readings. This information is used to dose projection and develop recommendations to evacuate or shelter the public. Once the release has terminated teams from the plant and county will once again be sent out to collect soil, water, snow, and vegetation samples in the path of plume to once again develop long term protective actions for the public. In both of the above circumstances, if real, plant and county personnel would be transporting radioactive samples in personnel vehicles to the plant laboratory for analysis, collection, and or if the plant was not available to another laboratory which could be hundreds of miles away. It is expected or postulated that many of these samples would meet the DOT definition of Radioactive Material. What is the DOT position on the need to package and transport in accordance with DOT regulations in the above situations particularly in regards to samples being transported to other laboratories? A second scenario would involve the transport of a radioactive contaminated patient (s) by ambulance to an emergency room facility. Any contaminated material from transport or treatment of the patient (clothing, blankets, sheets, gowns, surgical tools, etc) is collected at the emergency facility. The facility does not normally have a license for the type of by-product material that may come from a nuclear power plant. The material is expected to meet the DOT definition of Radioactive Material. What is the DOT position in this event for the patient in transport and later material generated, for packaging and transport in accordance with DOT regulations? Particularly for the material generated whether it is to be either transported back to the plant for disposal or directly to a disposal facility. Mike Harriad Mike Harrison RP Supervisor RW 585-771-3118#