UNITED STATES NUCLEAR REGULATORY COMMISSION
WASHINGTON, D.C. 20555-0001

May 22, 1996

Mr. Richard A. Ratliff, P.E., Chief
Bureau of Radiation Control
Texas Department of Health
1100 West 49th Street
Austin, Texas 78756-3189


Dear Mr. Ratliff:

This is in response to your March 29, 1996, letter in which you ask for confirmation that a licensee, under U.S. Nuclear Regulatory Commission (NRC) or Agreement State regulation, may receive radioactive and mixed waste from the U.S. Department of Energy (DOE).

We confirm your conclusion that a commercial waste processing facility, licensed either by NRC or an Agreement State, may receive waste from DOE provided it is within the authorized scope and conditions of the facility license. In addition, you may wish to contact the Texas Low-Level Radioactive Waste Disposal Authority to determine what, if any, of the import restriction authority the Low-Level Radioactive Waste Policy Amendments Act might apply to this facility. Finally, there are Agreement State licensees in Tennessee that conduct waste processing for DOE facilities located in that State. Tennessee staff may be able to provide assistance on how they handle similar applications.

If you have any further questions on this matter, please contact Dr. Stephen N. Salomon, of my staff, at (301) 415-2368 or at his Internet address: SNS@NRC.GOV.

Sincerely,
signed by Paul A ????? (unreadable) for
Richard L. Bangart, Director
Office of State Programs

cc: Michael H. Mobley, Director
Tennessee Division of
Radiological Health