Monticello Nuclear Generating Plant — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportatior MAR 7 2007 400 Seventh Street, S.W. Wash ngton, D.C. 20590 Pipeline and Hazardous Materials Safety Administration Timothy M. Gallagher Ref. No.: 07-0005 Monticello Nuclear Generating Plant 2807 West County Road 75 Monticello, Minnesota 55362-9637 Dear Mr. Gallagher: This is in response to your December 13, 2006 letter regarding the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to the transportation of pistols equipped with tritium gun sights. According to your letter, the pistols are carried by plant security officers for the performance of duties in accordance with a Nuclear Regulatory Commission approved physical security plan for a civilian nuclear power plant. Your questions are summarized and answered as follows: Q1. What are the applicable requirements, if any, when our officers are carrying their firearms while on duty, which includes security patrols in a vehicle on private property and public property - including highways? Al. The HMR apply to the commercial transportation of hazardous materials (see for the weapon is not commercial transportation when the officer is performing § 171.1). Transportation of a weapon by a security officer with a valid license or permit authorized duties. Thus, transportation of a pistol by a security officer in a conpany or personal vehicle during routine patrols of plant facilities, including patrols on public roads around the facility, is not subject to HMR requirements. Q2. What are the applicable requirements, if any, when our employees transport these firearms in cases to a firearms range for qualification, which includes traveling in a vehicle on private property and public property, including highways? A2. Under § 173.403 of the HMR, "radioactive material" is defined as any material Continen doncide where bore i ran in adore toes a rivery in the according to the instructions in § 173.433. In accordance with this definition, a pistol equipped with the tritium gun sight described in your letter is a radioactive material for uch as delivery from a power plant to a firearms range for qualification, the pistols ar urposes of the HMR. When transported as cargo by motor vehicle over public roads subject to all requirements of the HMR applicable to such transportation. 111.1 173.403 070005 173.424#

Page 2manufacturer for repair? Q3. What are the applicable requirements, if any, when these firearms are shipped to the A3. See A2. the tritium sources. Q4. What are the applicable monitoring requirements (i.e., detection of leaks), if any, for must satisfy the activity limits specified in § 173.424. The active material must be A4. A radioactive instrument or article offered for transportation as an excepted package completely enclosed by non-active components. An instrument or article that is leaking radioactive material may not be offered for transportation in commerce, unless that instrument or article no longer contains any radioactive material. I hope this information is helpful. If you have further questions, please do not hesitate to contact this office. Sincerely, Edward T. Mazzulla Director, Office of Hazardous Materials Standards#

Page 3NMC Monticello Nuclear Generating Plant Committed to Nuclear Excellence Operated by Nuclear Management Company, LLC Ficherlaub December 13, 2006 §171.1 Mr. Edward T. Mazzullo Director, Office of Hazardous Material Standards Applicability U.S. DOT/PHMSA (PHH-10) 87-0005 400 7* Street S.W. Washington, D.C. 20590-0001 Dear Sir: The Nuclear Management Company LLC, operates nuclear power stations in Wisconsin, Minnesota and Michigan. We are licensed under 10 CFR parts 20 and 50 to handle radioactive in the performance of their duty. These firearms are equipped with night-sights containing material. Additionally, as required by 10 CFR 73, we have Security Officers who carry firearms Tritium (H3) and are categorized as UN2911 by the manufacturer. 49 CFR 172. 101 lists UN2911 as "Radioactive material, excepted package-instruments, or articles." Additionally, We are requesting assistance from you for the following questions: 1) What are the applicable requirements, if any, when our officers are carrying their firearms while on duty, which includes traveling in a vehicle on private property and public property - including roadways? 2) What are the applicable requirements, if any, when our employees transport these vehicle on private property and public property - including roadways? firearms in cases to a firearms range for qualification, which includes traveling in a 3) What are the applicable requirements, if any, when these firearms are shipped to the manufacturer for repair? 4) What are the applicable monitoring requirements (i.e., detection of leaks) if any, for the tritium sources? appreciated and we look forward to receiving your responses as soon as possible. Thank you. Your assistance in helping ensure we are in full compliance with the regulations is greatly Sincerely, Tine M. belleph Security Manager Timothy M. Gallagher Monticello Nuclear Generating Plant 2807 West County Road 75 • Monticello, Minnesota 55362-9637 Telephone: 763.295.5151 • Fax: 763.295.1454#