Prairie Island Nuclear Generating Plant — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE Washington, D.C. 20590 FEB 1 7 2016 Clay G. Sweet Radioactive Material Shipping Coordinator Prairie Island Nuclear Generating Plant 1717 Wakonade Drive East Welch, MN 55089 Ref. No. 15-0195 Dear Mr. Sweet: This responds to your letter of September 28, 2015 requesting clarification of"exclusive use" shipments under the Hazardous Materials Regulations (HMR; Subchapter C; 49 CFR Parts 171-180). Specifically, you inquire about the authorized packaging of Low Specific Activity (LSA) material and Surface Contaminated Objects (SCO) in light of a change to the definition of "exclusive use" (as defined in§ 173.403) in the final rule, "Hazardous Materials: Harmonization with International Standards (RRR)" (HM-215M; 80 FR 1076). Moreover, in your request, you have referenced a Letter oflnterpretation (Ref. No. 15-0036) issued by this Office. Your questions are paraphrased and answered as follows. Q 1. May a general design packaging meeting the requirements of § 1 73 .410 be used to ship LSA material and SCO under "exclusive use" in accordance with § 173.427(b)(4), even ifthe limits prescribed in§ 173.441(a) are not exceeded? Al. Yes. Section l 73.427(b)(4) authorizes LSA material and SCO to be packaged in a packaging meeting the requirements of§ 173 .410 (general design requirements) provided that the shipment is consigned as "exclusive use," the transportation is domestic, and the shipment is less than an A2 quantity. In other words, in order to use the general design packaging authorized in§ 173.427(b)(4) to transport LSA material and SCO, the HMR (i.e., "this subchapter"), specifically§ 173.427(b)(4), require that the shipment be consigned as "exclusive use." Please note that there are multiple circumstances whereby the HMR require that a shipment be consigned as "exclusive use,'' not solely the circumstance of a package exceeding the limits prescribed in§ 173.441(a) or (d). Letter oflnterpretation, Ref. No. 15-0036, cited§ 173.441(a) and (d) as an example of when the HMR require "exclusive use" consignment. Q2. May the package of LSA material or SCO still qualify for the marking and labeling exception found in§ 173.427(a)(6)(vi), even ifthe limits prescribed in§ 173.441(a) are not exceeded?#

Page 2A2. Yes. Provided the shipment is offered under "exclusive use," the marking and labeling exception found in§ 173.427(a)(6)(vi) may be used. While it is the shipper's option to exercise this provision, when it is selected, the HMR, specifically § l 73.427(a)(6), require that the shipment be consigned as "exclusive use." Q3. If the limits prescribed in§ l 73.441(a) are not exceeded, must LSA material and. SCO be packaged in accordance with§§ 173.427(b)(l), (2), (3), or (5) (instead of using a general design packaging meeting the requirements of§ 173 .410 in accordance with§ l 73.427(b)(4))? A3. No. See Al. I hope this answers your inquiry. If you need additional assistance, please contact this Office again. Sincerely, ---7 /"? /~ / f!!f;L;f~-vL Dirk D(:~inderen Acting Chief, Standards Development Branch Standards and Rulemaking Division#

Page 31717 Wakonade Drive Welch, MN 55089 ~ ~ /'73. 4 Z( G.eft-1Vl.J2- ergy® 1-800-895-4999 xcelenergy.com RE P NSIBLE BY NATUR 15-0195 September 28, 2015 Office of Hazardous Materials Safety Pipeline and Hazardous Materials Safety Administration U.S. Department ofTransp01tation 1200 New Jersey A venue, SE East Building, 211d Floor Washington, DC 20590 Subject: Clarification on Effect ofHM-215M on the Packaging Provision of 49 CFR l 73.427(b) (4). Dear PHMSA Representative(s), In January, 2015, DOT issued HM-215M with a required compliance date of January 1, 2016. Among the changes in the final rule was a change in the definition of Exclusive Use to include the wording "where required by this subchapter." PHMSA interpretation 15-0036 states "The definition was revised to clarify that "exclusive use" only applies when compliance is required by the regulations, such as when the limits of l 73.441(a) or (d) are exceeded." 49 CFR 173.427(b) (4) states: "For domestic transportation of an exclusive use shipment that is less than an A2 quantity, in a packaging which meets the requirements of 173 .41 O". Since the definition of "exclusive use" in 173 .403 is now taken to mean that exclusive use only applies when compliance is required by the regulations, such as when the limits of 173.44l(a) or (d) are exceeded, does that mean that a packaging which only meets the requirements of 173 .410, General design requirements, cannot be used for an exclusive use shipment unless required by regulation? In other words, can a general design packaging be used to ship under exclusive use provisions if the limits of 173.44 l(a) are not exceeded? ( 1) If the package is not required to be shipped as exclusive use, would the package need to be fully marked and labeled if the provisions of 173.427 (6) (vi) are not allowed (i.e. stenciling or marking "RADIOACTIVE-LSA" OR "RADIOACTIVE-SCO" in lieu of other marking and labeling requirements of the subchapter)? Would the packaging need to meet the requirements of l 73.427(b) (1),(2), or (3) if a "general design" package cannot then be used per 173.427(b)(4)? Thank you for your time and consideration of these questions. I look forward to your response. ~lay G. Sweet Radioactive Material Shipping Coordinator Prairie Island Nuclear Generating Plant 1717 Wakonade Drive East Welch, MN 55089 ( 651 )267-6276#

Page 4Dodd, Alice (PHMSA) From: Geller, Shelby CTR (PHMSA) Sent: To: Subject: Attachments: Tuesday, September 29, 2015 4:00 PM Hazmat Interps FW: Request for Written Letter of Interpretation DOT Interpretation Request.pdf Dear Shante and Alice, Please see the attached letter of interpretation. Mr. Sweet spoke with Edom Seifu in the HMIC. Thanks, Shelby From: Sweet, Clay G. [mailto:Clay.Sweet@xenuclear.com] Sent: Monday, September 28, 2015 12:33 PM To: INFOCNTR (PHMSA) Subject: Request for Written Letter of Interpretation Please see attached letter in regard to a request for a letter of interpretation. Thanks, Clay Sweet Xcel Energy I Responsible By Nature Radioactive Material Shipping Coordinator Prairie Island Nuclear Generating Plant 1717 Wakonade Drive East, Welch MN, 55089 P: 651.388 .1121 x6276 Fax: 612.330.6702 E: Clay.Sweet@xenuclear.com 1#