RWE NUKEM Corporation — Hazardous Materials Safety Interpretation

Page 1400 Seventh Street, S.W Washington, D.C. 20590 Pipeline and dministratiol lazardous Materials Safer JUN 7 2006 Mr. Stan Hodges RWE NUKEM Corporation Reference No.: 06-0084 3800 Fernandina Road Suite 200 Columbia, SC 29210 Dear Mr. Hodges: This responds to your letter concerning the use of freight containers as Industrial packages Types 2 or 3 (Type IP-2) or (Type IP-3) under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Your questions are paraphrased and answered as follows: the Safe Transport of Radioactive Material (TS-R-1) authorizes the use of freight Q1. Paragraph 627 of the International Atomic Energy Agency's (IAEA) Regulations for the accelerations occurring during routine conditions of transport they would prevent: (a) loss or dispersal of the radioactive contents; and (b) loss of shielding integrity which would result in more than a 20% increase in the radiation level at any internal surface of the freight container. What type of calculation would be needed to prove the requirements have been met? Al. Any of the methods described in paragraphs 701 and 702 of IAEA's TS-R-1 (incorporated by reterence in § 171.7) may be used to demonstrate compliance with the Compliance with the test standards may be accomplished by any one of the following (1) Performance of tests with specimens representing LSA-III material, or special orm radioactive material, or low dispersible radioactive material or with prototypes ( amples of the packaging, where the contents of the specimen or the packaging for the tesi shall simulate as closely as practicable the expected range of radioactive contents and the specimen or packaging to be tested shall be prepared as presented for transport. 060084 173.403#

Page 2(2) Reference to previous satisfactory demonstrations of a sufficiently similar nature. features which are significant with respect to the item under investigation when (3) Performance of tests with models of appropriate scale incorporating those When a scale model is used, the need for adjusting certain test parameters, such as the engineering experience has shown results of those tests to be suitable for design purposes. penetrator diameter or the compressive load, shall be taken into account. (4) Calculation, or reasoned argument, when the calculation procedures and parameters are generally agreed to be reliable or conservative. Q2. May closed packages be placed inside a freight container if the packages are properly blocked and braced to prevent movement relative to the accelerations occurring during routine conditions of transport? paragraphs 701 and 702 of TS-R-1, can demonstrate that the conditions in paragraph 627 A2. The answer is yes, provided the shipper, using any of the methods described in of TS-R-1 have been satisfied. be blanked off and HEPA filters installed when closed containers of radioactive materials Q3. If a freight container is equipped with passive vents, are the passive vents required to are transported in the freight container? successfully met the IAEA TS-R-1 paragraph 627 test requirements. A3. The answer is no, provided the freight container and its radioactive contents have I trust this satisfies your inquiry. Sincerely Hotle a mattle Hattie L. Mitchell Chief, Regulatory Review and Reinvention Office of Hazardous Materials Standards#

Page 3Message Corbin Page 1 of 3 $173.403 Williams, James <PHMSA> RAM From: Stan Hodges [shodges@rwe.nukem.com] 06-0084 Sent: Thursday, April 13, 2006 9:48 AM To: Williams, James <PHMSA> Subject: RE: IAEA Requirements for IP-2 Containers Jim: Our company name and address is provided below: 3800 Fernandina Road RWE NUKEM Corporation Suite 200 803-214-5800 Columbia, SC 29210 I have also inserted the name/address in the initial e-mail message that I sent you a couple of days ago. Stan Hodges (0) 803-214-5848 Sr Project Manager (F) 803-214-5804 (M) 803-318-7493 (Note - New Number) Sent: Wednesday, April 12, 2006 3:06 PM From: James. Williams@dot.gov [mailto:James.Williams@dot.gov] Subject: RE: IAEA Requirements for IP-2 Containers To: Stan Hodges Stan, Could you add your company name and address to this email. Jim Williams Radioactive Materials Branch, PHH-23 Pipeline and Hazardous Materials Safety Administration Office of Hazardous Materials Technology, Room 8430 400 Seventh Street, S.W. U.S. Department of Transportation Washington, D.C. 20590 James. Williams@dot.gov 4/13/2006#

Page 4Message Page 2 of 3 (202) 366-6177 From: Stan Hodges [mailto:shodges@rwe.nukem.com] -----Original Message--.-- To: Williams, James <PHMSA> Sent: Monday, April 10, 2006 10:30 AM Subject: IAEA Requirements for IP-2 Containers Jim: section from the updated IAEA regulations that allow the utilization of freight containers as Type IP-2 Thanks for taking the time to discuss Section 627 of the IAEA regulations with me today. Here is the containers provided that they conform to the standards prescribed in the ISO document ISO 1496/1. The document and the accelerations occurring during routine conditions of transport they would prevent: (i) los: section does however note that they shall be designed such that if subjected to the tests prescribed in that or dispersal of the radioactive contents; and (ii) loss of shielding integrity which would result in more than a 20% increase in the radiation level at any external surface of the freight containers. How do we prove this? What type of calculation would you need to do to prove items (i) and (i) below? 627. Freight containers may also be used as Type IP-2 or Type IP-3, provided that: (a) The radioactive contents are restricted to solid materials; (b) They satisfy the requirements for Type IP-1 specified in para. 621; and (c) They are designed to conform to the standards prescribed in the International Organization for conditions of transport they would prevent: (i) loss or dispersal of the radioactive contents; and (ii) loss of shielding intégrity which would result in more than a 20% increase in the radiation level at any external surface of the freight containers. blocked and braced to not move relative to the accelerations occurring during routine conditions of Would placing closed packages inside of the freight container be sufficient if the packages were properly transport? ~ Freight containers are typically provided standard with passive vents. For containers that were being passive vents be blanked and HEPA filters) installed on the freight containers? utilized to ship radioactive packages (even in closed containers inside of the freight container), should the o a nuclear power station in Spain via Liverpool, Engiland. If at all possible, we would like DOT's respons Please note that we plan to ship containers with this exclusion either the first or second week of May 200 as soon as possible. Stan Hodges (0) 803-214-5848 Sr Project Manager (F) 803-214-5804 (M) 803-318-7493 (Note - New Number) 3800 Fernandina Road RWE NUKEM Corporation 4/13/2006#

Page 5Input from Jim Williams The DOT interpretation is any of the method(s) provided in paragraphs 701 and 702 of the IAEA TS-R-1 Regulations may be used to demonstrate compliance with the paragraph 627 requirements. Para 701 Demonstration of compliance with the performance standards required in Section VI shall be accomplished by any of the methods listed below or by a combination thereof. (a) Performance of tests with specimens representing LSA-III material, or special form radioactive material, or low dispersible radioactive material or with prototypes or samples of the packaging, where the contents of the specimen or the packaging for the tests shall simulate as closely as practicable the expected range of radioactive contents and the specimen or packaging to be tested shall be prepared as presented for transport. (b) Reference to previous satisfactory demonstrations of a sufficiently similar nature. respect to the item under investigation when engineering experience has shown results of those tests to be (c) Performance of tests with models of appropriate scale incorporating those features which are significant with suitable for design purposes. When a scale model is used, the need for adjusting certain test parameters, such as the penetrator diameter or the compressive load, shall be taken into account. (d) Calculation, or reasoned argument, when the calculation procedures and parameters are generally agreed to be reliable or conservative. Para 702 After the specimen, prototype or sample has been subjected to the tests, appropriate methods of assessments shall be used to ensure the requirements of this section have been fulfilled in compliance with the perfomance and acceptance standards prescribed in Section VI. In accordance with paragraphs 627 of the IAEA TS-R-1 Regulations, freight containers may also be used as IP- 2 or IP-3 packages, only as long all of the following four conditions are met: a) The radioactive contents of the freight container are limited solid materials. b) The freight container meets the requirements for an IP-1 package. c) The freight container is designed to conform to the standards prescribed in: "Series 1 Freight Containers - and ratings. It should be noted that freight containers approved in accordance with the International Specifications and Testing - Part 1: General Cargo Containers for General Purposes; excluding dimemsions Maritime Organization International Convention for Safe Containers are not necessarily equivalent to the testing prescribed by ISO 1496-1. d) The freight container is designed such that if subjected to the tests prescribed in ISO 1496-1, as well as radioactive contents nor loss of shielding integrity which would result in more than a 20% increase ins accelerations occurring during routine conditions of transport, there would be no loss or dispersal of the radiation levels on any external surface of the freight container. It should be noted that the test conditions of accelerations occurring during routine conditions of transport are in addition to the testing prescribed by ISO 1496-1 because the ISO Standard does not include dynamic tests. As long as the four conditions described in paragraph 627 of the IAEA TS-R-1 Regulations can be vi demonstrated to be satistied by the shipper using any of the method(s) provided in paragraphs 701 and 702, then placing properly blocked and braced closed packages inside a freight container would satisfy the Type IP -2 or IP-3 requirements.#

Page 6Freight containers with passive vents may or may not need HEPA filters(s) and/or to be blanked off to satisfy the Type IP-2 or IP-3 requirements. Satisfactory demonstration of the requirements is incumbent on the * met, e.g., taking into account intermediate package containment systems, the freight containers would not b shipper, on a case-by-case basis. As long as all the requirements of paragraph 627 can be demonstrated to be necessarily need to be HEPA filtered or blanked off.#