Section 180-13-020 - ADVANCE NOTIFICATION OF TRANSPORT OF NUCLEAR WASTE020.01REQUIREMENTS. As specified in 180 NAC 13-020.02, 13-20.03 and 13-020.04, each licensee must provide advance notification to: (A) The governor of a State, or the governor's designee, of the shipment of licensed material, within or across the boundary of the State, before the transport, or delivery to a carrier, for transport, of licensed material outside the confines of the licensee's plant or other place of use or storage.(B) The Tribal official of participating Tribes referenced in 180 NAC 13-020.03, or the official's designee, of the shipment of licensed material, within or across the boundary of the Tribe's reservation, before the transport, or delivery to a carrier, for transport, of licensed material outside the confines of the licensee's plant or other place of use or storage.020.02CONDITIONS. Advance notification is also required in 180 NAC 13 for the shipment of licensed material, other than irradiated fuel, meeting the following three conditions:(A) The nuclear waste is required to be in Type B packaging for transportation;(B) The nuclear waste is being transported into, within, or through, a state enroute to a disposal facility or to a collection point for transport to a disposal facility; and(C) The quantity of licensed material in a single package exceeds:(i) 3000 times the A1 value of the radionuclides as specified in Appendix 13-A, Table I for special form radioactive material; (ii) 3000 times the A2 value of the radionuclides as specified in Appendix 13-A, Table I for normal form radioactive material; or (iii) 1000 TBq (27,000 Ci).020.03REQUIRED INFORMATION. Each advance notification required by 180 NAC 13-020.01 must contain the following information: (A) The name, address, and telephone number of the shipper, carrier, and receiver of the shipment;(B) Description of the nuclear waste contained in the shipment as required by 49 CFR 172.202 and 172.203(d);(C) Point of origin of the shipment and the seven day period during which departure of the shipment is estimated to occur;(D) The seven day period during which arrival of the shipment at state boundaries or Tribal reservation boundaries is estimated to occur;(E) Destination of the shipment, and the seven day period during which arrival of the shipment is estimated to occur; and(F) Point of contact with a telephone number for current shipment information.020.04SUBMISSION PROCEDURES. The notification required by 180 NAC 13-020.01 must: (A) Be made in writing to: (i) The office of each appropriate governor, or governor's designee;(ii) The office of each appropriate Tribal official or Tribal official's designee and(iii) To the U.S. Nuclear Regulatory Director, Division of Nuclear Security, Office of Nuclear Security and Incident Response;(B) Be postmarked at least seven days before the beginning of the seven day period during which departure of the shipment is estimated to occur if delivered by mail.(C) Reach the office of the governor, or governor's designee, or the Tribal official or Tribal official's designee at least four days before the beginning of the seven day period which departure of the shipment is estimated to occur, if the notification is delivered by any other means than mail.(i) Contact information for each State, including telephone and mailing addresses of governors and governors' designees, and participating Tribes, including telephone and mailing addresses of Tribal officials and Tribal official's designees, is available on the NRC Web site at: https://scp.nrc.gov/special/designee.pdf.(ii) A list of the names and mailing addresses of the governors' designees and Tribal officials' designees of participating Tribes is available on request from the Director, Division of Materials Safety Security, State, and Tribal Programs, Office of Nuclear Material Safety and Safeguards U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.(iii) The licensee must retain a copy of the notification as a record for 3 years.020.05REVISION NOTICE. A licensee who finds that schedule information previously furnished to a governor or governor's designee or a Tribal official or Tribal official's designee, according to 180 NAC 13-020, will not be met, must telephone a responsible individual in the office of the governor of the State or of the governor's designee or the Tribal official or the Tribal official's designee and inform that individual of the extent of the delay beyond the schedule originally reported. The licensee must maintain a record of the name of the individual contacted for three years.020.06CANCELLATION NOTICE. Each licensee who cancels an irradiated reactor fuel or nuclear waste shipment for which advance notification has been sent must: (A) Send a cancellation notice to the governor of each State or to the governor's designee previously notified, each Tribal official or to the Tribal official's designee previously notified, and the Director, Office of Nuclear Security and Incident Response;(B) State in the notice that it is a cancellation and identify the advance notification being canceled; and(C) Retain a copy of the notice for three years.180 Neb. Admin. Code, ch. 13, § 020
Amended effective 4/20/2021Amended effective 11/2/2022