In the Matter of Texas A&M University, (Nuclear Science Center TRIGA Research Reactor); Order Modifying Amended Facility Operating License No. R-83, 42882-42884 [E6-12105]
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42882
Federal Register / Vol. 71, No. 145 / Friday, July 28, 2006 / Notices
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10 CFR part 50, Appendix B; and 10
CFR 50.59(d)(3), will not present an
undue risk to the public health and
safety. The destruction of the identified
hard copy records will not impact
remaining decommissioning activities;
plant operations, configuration, and/or
radiological effluents; operational and/
or installed SSCs that are quality-related
or important to safety; or nuclear
security.
The staff has determined that the
destruction of the identified hard copy
records is administrative in nature and
does not involve information or
activities that could potentially impact
the common defense and security of the
United States.
The staff has determined that the
purpose for the recordkeeping
regulations is to ensure that the NRC
Staff has access to information that, in
the event of any accident, incident, or
condition that could impact public
health and safety, would assist in the
protection of public health and safety
during recovery from the given accident,
incident, or condition, and also could
help prevent future events or conditions
adversely impacting public health and
safety.
Further, since most of the Yankee
SSCs that were safety-related or
important-to-safety have been removed
from the plant and shipped for disposal,
the staff agrees that the records
identified in the partial exemption
would not provide the NRC with useful
information during an investigation of
an accident or incident.
Therefore, the Commission grants
YAEC the requested partial exemption
to the recordkeeping requirements of 10
CFR 50.71(c); 10 CFR part 50, Appendix
A; 10 CFR part 50, Appendix B; and 10
CFR 50.59(d)(3), as described in the
February 15, 2006, letter as
supplemented on March 23, 2006.
Pursuant to 10 CFR part 51.31, the
Commission has determined that the
granting of this exemption will not have
a significant effect on the quality of the
human environment as documented in
Federal Register notice Vol. 71, No. 127,
dated July 3, 2006.
This exemption is effective upon
issuance.
Dated at Rockville, Maryland, this 20th day
of July, 2006.
For the Nuclear Regulatory Commission.
Keith I. McConnell,
Deputy Director, Decommissioning
Directorate, Division of Waste Management
and Environmental Protection, Office of
Nuclear Material Safety and Safeguards.
[FR Doc. E6–12077 Filed 7–27–06; 8:45 am]
BILLING CODE 7590–01–P
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NUCLEAR REGULATORY
COMMISSION
[Docket No. 50–128, EA–06–166]
In the Matter of Texas A&M University,
(Nuclear Science Center TRIGA
Research Reactor); Order Modifying
Amended Facility Operating License
No. R–83
I.
The Texas A&M University (the
licensee) is the holder of Amended
Facility Operating License No. R–83 (the
license). The license was issued on
December 7, 1961, by the U.S. Atomic
Energy Commission and subsequently
renewed on March 30, 1983, by the U.S.
Nuclear Regulatory Commission (the
NRC or the Commission). The license
includes authorization to operate the
Nuclear Science Center TRIGA Research
Reactor (the facility) at a power level up
to 1,000 kilowatts thermal and to
receive, possess, and use special nuclear
material associated with the operation.
The facility is on the campus of the
Texas A&M University, in the city of
College Station, Brazos County, Texas.
The mailing address is Nuclear Science
Center, Texas Engineering Experimental
Station, Texas A&M University, 3575
TAMU, College Station, Texas 77843–
3575.
II.
On February 25, 1986, the
Commission promulgated a rule,
Section 50.64 of Title 10 of the Code of
Federal Regulations (10 CFR), limiting
the use of high-enriched uranium (HEU)
fuel in domestic research and test
reactors (non-power reactors). This
regulation requires that if Federal
Government funding for conversionrelated costs is available, each licensee
of a research and test reactor authorized
to use HEU fuel shall replace it with
low-enriched uranium (LEU) fuel. The
Commission’s stated purpose for these
requirements was to reduce, to the
maximum extent possible, the use of
HEU fuel in order to reduce the risk of
theft and diversion of HEU fuel used at
research and test reactors (51FR 6514).
The provisions of 10 CFR
50.64(c)(2)(iii) require the licensee to
include in its conversion proposal, to
the extent required to effect conversion,
all necessary changes to the license, the
facility, and licensee procedures.
III.
On June 13, 2006, the licensee
submitted a letter as part of its
conversion proposal, which indicated
that changes to the Uranium-235
possession limit in its license were
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needed to support the proposed
schedule for conversion to LEU fuel.
The possession of the LEU fuel is
required by the licensee at this time to
prepare the fuel in bundles in order to
meet the proposed timely conversion.
The LEU fuel contains the Uranium-235
isotope at an enrichment of less than 20
percent. The NRC staff reviewed the
licensee’s proposal and the
requirements of 10 CFR 50.64, and has
determined that the public health and
safety and common defense and security
require the licensee to receive and
possess the LEU fuel so that the LEU
fuel may be prepared to convert from
HEU fuel in accordance with the
schedules planned by the Department of
Energy to support U.S. non-proliferation
policies. Issuance of this Order will,
therefore, allow the conversion to
proceed in accordance with the planned
schedule. The NRC staff also
determined that there should be a
prohibition on receiving additional HEU
fuel and a reduction in the associated
authorized possession limit concurrent
with the effectiveness of the amendment
authorizing receipt and possession, but
not use, of the LEU fuel. The specific
conditions needed to reduce the HEU
fuel possession limit, to amend the
facility license to allow possession of
the LEU fuel, and to be made a part of
the license in accordance with this
Order are:
2.B.(2) Pursuant to the Act and 10 CFR Part
70, ‘‘Domestic Licensing of Special
Nuclear Material,’’ to possess and use up
to 12.0 kilograms of contained Uranium235 at enrichment equal to or less than
70 percent in connection with operation
of the reactor.
2.B.(8) Pursuant to the Act and 10 CFR Part
70, ‘‘Domestic Licensing of Special
Nuclear Material,’’ to receive and
possess, in addition to the amount
specified under License Condition
2.B.(2), up to 15.0 kilograms of contained
Uranium-235 at enrichments equal to or
less than 20 percent.
The attached safety evaluation
provides additional details on the NRC
staff analyses resulting in the
determination to order these changes.
IV.
Accordingly, pursuant to Sections 51,
53, 57, 101, 104, 161b, 161i, and 161o
of the Atomic Energy Act of 1954, as
amended, and to Commission
regulations in 10 CFR 2.202 and 10 CFR
50.64, it is hereby ordered that:
Amended Facility Operating License
No. R–83 is modified by amending the
license to include the license conditions
as stated in Section III of this Order.
This Order will be effective 20 days
after the date of publication of this
Order in the Federal Register.
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V.
Pursuant to the Atomic Energy Act of
1954, as amended, any person adversely
affected by this Order may submit an
answer to this Order, and may request
a hearing on this Order, within 20 days
of the date of this Order. The answer
may consent to this Order. Any answer
or request for a hearing shall set forth
the matters of fact and law on which the
licensee, or other person adversely
affected, relies and the reasons why the
Order should not have been issued. Any
answer or request for a hearing shall be
filed (1) by first class mail addressed to
the Office of the Secretary, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001, Attention: Rulemaking
and Adjudications Staff; or (2) by
courier, express mail, and expedited
delivery services to the Office of the
Secretary, Sixteenth Floor, One White
Flint North, 11555 Rockville Pike,
Rockville, Maryland 20852, Attention:
Rulemaking and Adjudications Staff.
Because of continuing disruptions in
delivery of mail to the United States
Government Offices, it is requested that
answers and/or requests for hearing be
transmitted to the Secretary of the
Commission either by e-mail addressed
to the Office of the Secretary, U.S.
Nuclear Regulatory Commission,
hearingdocket@nrc.gov; or by facsimile
transmission addressed to the Office of
the Secretary, U.S. Nuclear Regulatory
Commission, Washington, DC,
Attention: Rulemakings and
Adjudications Staff at 301–415–1101
(the verification number is 301–415–
1966). Copies of the request for hearing
must also be sent to the Director, Office
of Nuclear Reactor Regulation and to the
Assistant General Counsel for Materials
Litigation and Enforcement, Office of
the General Counsel, with both copies
addressed to the U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001, and the NRC requests
that a copy also be transmitted either by
facsimile transmission to 301–415–3725
or by e-mail to OGCMailCenter@nrc.gov.
If a person other than the licensee
requests a hearing, he or she shall set
forth in the request for a hearing with
particularity the manner in which his or
her interest is adversely affected by this
Order and shall address the criteria set
forth in 10 CFR 2.309. If a hearing is
requested by the licensee or a person
whose interest is adversely affected, the
Commission shall issue an Order
designating the time and place of any
hearing. If a hearing is held, the issue to
be considered at such hearing shall be
whether this Order should be sustained.
In accordance with 10 CFR 51.10(d)
this Order is not subject to Section
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102(2) of the National Environmental
Policy Act, as amended. The NRC staff
notes, however, that with respect to
environmental impacts associated with
the changes imposed by this Order, as
described in the safety evaluation
attached, the changes would, if imposed
by other than an Order, meet the
definition of a categorical exclusion in
accordance with 10 CR 51.22(c)(9).
Thus, pursuant to either 10 CFR
51.10(d) or 51.22(c)(9), no
environmental assessment nor
environmental impact statement is
required.
For further information see the June
13, 2006, letter from the licensee
(Agencywide Documents Access and
Management System (ADAMS)
Accession No. ML061720033), and the
NRC staff’s safety evaluation attached to
this Order (ADAMS Accession No.
ML061810481), available for public
inspection at the Commission’s Public
Document Room (PDR), located at One
White Flint North, Public File Area O1
F21, 11555 Rockville Pike (first floor),
Rockville, Maryland. Publicly available
records will be accessible electronically
from the ADAMS Public Electronic
Reading Room on the Internet at the
NRC Web site, https://www.nrc.gov/
reading-rm/adams.html. Persons who
do not have access to ADAMS or who
have problems in accessing the
documents in ADAMS should contact
the NRC PDR reference staff by
telephone at 1–800–397–4209 or 301–
415–4737 or by e-mail to pdr@nrc.gov.
Dated this 21st day of July 2006.
For the Nuclear Regulatory Commission.
J.E. Dyer,
Director, Office of Nuclear Reactor
Regulation.
Attachment
Safety Evaluation by the Office of
Nuclear Reactor Regulation Supporting
Order on Possession Limit Changes To
Allow Conversion From High-Enriched
to Low-Enriched Uranium Fuel
1.0
Introduction
By letter dated June 13, 2006, the
Texas A&M University (the licensee)
indicated that changes to the Nuclear
Science Center (NSC) TRIGA Research
Reactor possession limit was needed to
allow for the timely conversion from the
use of high-enriched uranium (HEU)
fuel to low-enriched uranium (LEU) fuel
in accordance with § 50.64 of Title 10 of
the Code of Federal Regulations (10
CFR). This regulation was promulgated
to reduce the risk of theft and diversion
of HEU fuel used in non-power reactors.
The U.S. Nuclear Regulatory
Commission (NRC) staff determined as
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42883
discussed below that the following
changes to the possession limit license
conditions were acceptable. The change
to the current License Condition 2.B.(2)
removes the authority to receive HEU
fuel and decreases the possession limit
of contained Uranium-235 (U-235) with
enrichments up to 70 percent from 17.0
to 12.0 kilograms (kgs) to allow the
continued possession and use of
material at the facility. The changes also
involve the addition of License
Condition 2.B.(8) to allow receipt and
possession, but not use, of up to an
additional 15 kgs of contained U-235 at
enrichments equal to or less than 20
percent (LEU fuel).
2.0 Background
The license currently includes a
possession limit of special nuclear
material to allow for operation of the
facility. This limit allows for an amount
of special nuclear material so that the
facility can continue to conduct its
licensed research reactor activities.
In its June 13, 2006, letter, the
licensee indicated that an increase to
the possession limit for special nuclear
material is required to allow for the
timely conversion to LEU fuel. The
licensee indicated that it is working
with the U.S. Department of Energy
(DOE), DOE contractors, and the NRC to
convert the NSC TRIGA Research
Reactor from HEU fuel to LEU fuel in
support of non-proliferation policies.
The licensee’s letter stated that in order
to avoid prolonged reactor shutdown
and accomplish the conversion in
support of non-proliferation goals, a
period will exist in which the NSC
TRIGA Research Reactor will need to
possess a quantity of U-235 in excess of
the current licensed maximum. As
additional evidence, the licensee also
provided a DOE letter dated April 13,
2006. In the April 13, 2006, letter, DOE
indicated that the project schedule for
conversion includes shipping a fresh
fuel core to replace the fuel currently in
the reactor. Further, DOE indicated that
in order to support the timeliness of this
effort as planned, the license will need
an increase in the special nuclear
material possession limit to
accommodate the fuel inventory at the
facility during the process.
3.0 Evaluation
The licensee has not requested any
changes to the Technical Specifications
(TSs) nor security plan. Thus, the
additional material will be received and
possessed under the current terms of the
reactor license. The NRC staff reviewed
the license, TSs, and security plan
requirements for the facility and finds
that the possession of the additional
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Federal Register / Vol. 71, No. 145 / Friday, July 28, 2006 / Notices
LEU fuel will not require additional
safety or security controls or conditions
beyond those already in place. The NRC
staff also finds that this increase in the
fuel possession limit is within the
normal possession limit for research
reactors.
The increased possession limit does
not allow operation with the fuel other
than that already authorized by the
license and TSs. This change does not
authorize conversion to the new LEU
fuel planned for conversion, i.e., 30
weight percent (Wt%) vice the currently
authorized 9 Wt%. (The authorization
for conversion will be the subject of an
ongoing separate evaluation). Therefore,
the radioactive fission product
inventory will not be increased by the
increased fuel possession limit and the
routine effluent or potential accident
release levels will not increase beyond
those already analyzed and accepted
under the current license and TSs.
Further, in accordance with the
existing TSs, reactor fuel will be stored
in a geometrical array where the
effective multiplication is less than 0.8
for all conditions of moderation.
Therefore, the potential for accidental
criticality is not increased with the
increased fuel possession limit.
The increase in the special nuclear
material possession limit does not
impact the security requirements for the
facility. In accordance with 10 CFR 73.2,
the increase possession would be
consistent with special nuclear material
of moderate strategic significance
(Category II). The licensee’s current
security plan meets or exceeds the
requirements for this level of material
under 10 CFR 73.67(d).
The license changes are to allow for
conversion in a manner that is timely to
support the non-proliferation goals of
the nation and allow continued research
and development in accordance with
the license and regulations. They do not
change the security plan requirements
which are consistent the provisions of
10 CFR 73.67(d) for special nuclear
material of moderate strategic
significance (Category II) in accordance
with 10 CFR 73.2, because the addition
of the LEU fuel is within the possession
limit for that category of material.
The inspection program has found
that the licensee has routinely used
such material safely and securely.
The licensee submitted a proposed
license condition in its June 13, 2006,
letter. The NRC staff noted several
changes from the proposed license
condition were needed to allow for
possession of the current material and
allow for receipt, but not use, of the new
LEU fuel. Specifically, the licensee’s
authority to receive additional HEU fuel
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17:47 Jul 27, 2006
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is removed from License Condition
2.B.(2), and the amount of material
possessed under that license condition
was reduced from 17.0 to 12.0 kg.
Further, License Condition 2.B.(8) is
added to allow for the receipt and
possession, but not use, of the LEU fuel
for conversion. A telephone
conversation between the project
manager and the Associate Director of
the NSC TRIGA Research Reactor
facility on July 6, 2006, confirmed that
these differences were understood and
could be implemented consistent with
protecting the public health and safety.
Because the requested increased
possession limit may be possessed
safely and securely under the terms of
the existing TSs and security plan, the
increase in special nuclear material
possession limit as specified above is
acceptable to the NRC staff. Further, the
NRC staff has determined that the
public health and safety and the
common defense and security require
the licensee to receive and possess the
LEU fuel so that the LEU fuel may be
configured into fuel bundles to convert
from HEU fuel in accordance with the
schedule planned by the DOE to support
U.S. non-proliferation policies.
3.0 Environmental Consideration
In accordance with 10 CFR 51.10(d),
an Order is not subject to Section 102
of the National Environmental Policy
Act. The NRC staff notes, however, that
even if these changes were not being
imposed by an Order, the changes
would not require an environmental
impact statement or environmental
assessment. The license changes involve
use of a facility component located
within the restricted area as defined in
10 CFR part 20 or changes in inspection
and surveillance requirements. The NRC
staff has determined that the changes
involve no significant increase in the
amounts or types of any effluents that
may be released off site and no
significant increase in individual or
cumulative occupational radiation
exposure. Therefore, pursuant to 10 CFR
51.22(b), no environmental impact
statement or environmental assessment
is required.
4.0 Conclusion
The NRC staff has concluded, on the
basis of the considerations discussed
above, that (1) The proposal by the
licensee for possession of LEU fuel is
consistent with and in furtherance of
the requirements of 10 CFR 50.64, (2)
there is reasonable assurance that the
health and safety of the public will not
be endangered by the proposed
activities; and (3) such activities will be
conducted in compliance with the
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Commission’s regulations and will not
be inimical to the common defense and
security or the health and safety of the
public. Accordingly, it is concluded that
an enforcement order as described
above should be issued pursuant to 10
CFR 50.64(c)(3).
Dated: July 21, 2006.
M. Mendonca.
Principal Contributor:
[FR Doc. E6–12105 Filed 7–27–06; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 52–007]
Exelon Generating Company, LLC;
Notice of Availability of the Final
Environmental Impact Statement for an
Early Site Permit (ESP) at the Exelon
ESP Site
Notice is hereby given that the U.S.
Nuclear Regulatory Commission (NRC,
the Commission) has published
NUREG–1815, ‘‘Environmental Impact
Statement for an Early Site Permit (ESP)
at the Exelon ESP Site: Final Report.’’
The site is located near the town of
Clinton in DeWitt County, Illinois. The
application for the ESP was submitted
by letter dated September 25, 2003,
pursuant to Title 10 of the Code of
Federal Regulations part 52 (10 CFR Part
52). The application included a site
redress plan in accordance with 10 CFR
52.17(c) and 52.25. If the site redress
plan is incorporated in an approved
ESP, then the applicant may carry out
certain site preparation work and
preliminary construction activities. A
notice of receipt and availability of the
application, which included the
environmental report (ER), was
published in the Federal Register on
October 24, 2003 (68 FR 61020). A
notice of acceptance for docketing of the
application for the ESP was published
in the Federal Register on October 30,
2003 (68 FR 61835). A notice of intent
to prepare an environmental impact
statement and to conduct the scoping
process was published in the Federal
Register on November 25, 2003 (68 FR
66130). A notice of availability of the
draft EIS was published in the Federal
Register on March 10, 2005 (70 FR
12022).
The purpose of this notice is to inform
the public that NUREG–1815,
‘‘Environmental Impact Statement for an
Early Site Permit (ESP) at the Exelon
ESP Site: Final Report,’’ Volumes 1 and
2, is available for public inspection in
the NRC Public Document Room (PDR)
located at One White Flint North, 11555
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Agencies
[Federal Register Volume 71, Number 145 (Friday, July 28, 2006)]
[Notices]
[Pages 42882-42884]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-12105]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 50-128, EA-06-166]
In the Matter of Texas A&M University, (Nuclear Science Center
TRIGA Research Reactor); Order Modifying Amended Facility Operating
License No. R-83
I.
The Texas A&M University (the licensee) is the holder of Amended
Facility Operating License No. R-83 (the license). The license was
issued on December 7, 1961, by the U.S. Atomic Energy Commission and
subsequently renewed on March 30, 1983, by the U.S. Nuclear Regulatory
Commission (the NRC or the Commission). The license includes
authorization to operate the Nuclear Science Center TRIGA Research
Reactor (the facility) at a power level up to 1,000 kilowatts thermal
and to receive, possess, and use special nuclear material associated
with the operation. The facility is on the campus of the Texas A&M
University, in the city of College Station, Brazos County, Texas. The
mailing address is Nuclear Science Center, Texas Engineering
Experimental Station, Texas A&M University, 3575 TAMU, College Station,
Texas 77843-3575.
II.
On February 25, 1986, the Commission promulgated a rule, Section
50.64 of Title 10 of the Code of Federal Regulations (10 CFR), limiting
the use of high-enriched uranium (HEU) fuel in domestic research and
test reactors (non-power reactors). This regulation requires that if
Federal Government funding for conversion-related costs is available,
each licensee of a research and test reactor authorized to use HEU fuel
shall replace it with low-enriched uranium (LEU) fuel. The Commission's
stated purpose for these requirements was to reduce, to the maximum
extent possible, the use of HEU fuel in order to reduce the risk of
theft and diversion of HEU fuel used at research and test reactors
(51FR 6514).
The provisions of 10 CFR 50.64(c)(2)(iii) require the licensee to
include in its conversion proposal, to the extent required to effect
conversion, all necessary changes to the license, the facility, and
licensee procedures.
III.
On June 13, 2006, the licensee submitted a letter as part of its
conversion proposal, which indicated that changes to the Uranium-235
possession limit in its license were needed to support the proposed
schedule for conversion to LEU fuel. The possession of the LEU fuel is
required by the licensee at this time to prepare the fuel in bundles in
order to meet the proposed timely conversion. The LEU fuel contains the
Uranium-235 isotope at an enrichment of less than 20 percent. The NRC
staff reviewed the licensee's proposal and the requirements of 10 CFR
50.64, and has determined that the public health and safety and common
defense and security require the licensee to receive and possess the
LEU fuel so that the LEU fuel may be prepared to convert from HEU fuel
in accordance with the schedules planned by the Department of Energy to
support U.S. non-proliferation policies. Issuance of this Order will,
therefore, allow the conversion to proceed in accordance with the
planned schedule. The NRC staff also determined that there should be a
prohibition on receiving additional HEU fuel and a reduction in the
associated authorized possession limit concurrent with the
effectiveness of the amendment authorizing receipt and possession, but
not use, of the LEU fuel. The specific conditions needed to reduce the
HEU fuel possession limit, to amend the facility license to allow
possession of the LEU fuel, and to be made a part of the license in
accordance with this Order are:
2.B.(2) Pursuant to the Act and 10 CFR Part 70, ``Domestic Licensing
of Special Nuclear Material,'' to possess and use up to 12.0
kilograms of contained Uranium-235 at enrichment equal to or less
than 70 percent in connection with operation of the reactor.
2.B.(8) Pursuant to the Act and 10 CFR Part 70, ``Domestic Licensing
of Special Nuclear Material,'' to receive and possess, in addition
to the amount specified under License Condition 2.B.(2), up to 15.0
kilograms of contained Uranium-235 at enrichments equal to or less
than 20 percent.
The attached safety evaluation provides additional details on the
NRC staff analyses resulting in the determination to order these
changes.
IV.
Accordingly, pursuant to Sections 51, 53, 57, 101, 104, 161b, 161i,
and 161o of the Atomic Energy Act of 1954, as amended, and to
Commission regulations in 10 CFR 2.202 and 10 CFR 50.64, it is hereby
ordered that:
Amended Facility Operating License No. R-83 is modified by amending
the license to include the license conditions as stated in Section III
of this Order. This Order will be effective 20 days after the date of
publication of this Order in the Federal Register.
[[Page 42883]]
V.
Pursuant to the Atomic Energy Act of 1954, as amended, any person
adversely affected by this Order may submit an answer to this Order,
and may request a hearing on this Order, within 20 days of the date of
this Order. The answer may consent to this Order. Any answer or request
for a hearing shall set forth the matters of fact and law on which the
licensee, or other person adversely affected, relies and the reasons
why the Order should not have been issued. Any answer or request for a
hearing shall be filed (1) by first class mail addressed to the Office
of the Secretary, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001, Attention: Rulemaking and Adjudications Staff; or (2) by
courier, express mail, and expedited delivery services to the Office of
the Secretary, Sixteenth Floor, One White Flint North, 11555 Rockville
Pike, Rockville, Maryland 20852, Attention: Rulemaking and
Adjudications Staff. Because of continuing disruptions in delivery of
mail to the United States Government Offices, it is requested that
answers and/or requests for hearing be transmitted to the Secretary of
the Commission either by e-mail addressed to the Office of the
Secretary, U.S. Nuclear Regulatory Commission, hearingdocket@nrc.gov;
or by facsimile transmission addressed to the Office of the Secretary,
U.S. Nuclear Regulatory Commission, Washington, DC, Attention:
Rulemakings and Adjudications Staff at 301-415-1101 (the verification
number is 301-415-1966). Copies of the request for hearing must also be
sent to the Director, Office of Nuclear Reactor Regulation and to the
Assistant General Counsel for Materials Litigation and Enforcement,
Office of the General Counsel, with both copies addressed to the U.S.
Nuclear Regulatory Commission, Washington, DC 20555-0001, and the NRC
requests that a copy also be transmitted either by facsimile
transmission to 301-415-3725 or by e-mail to OGCMailCenter@nrc.gov. If
a person other than the licensee requests a hearing, he or she shall
set forth in the request for a hearing with particularity the manner in
which his or her interest is adversely affected by this Order and shall
address the criteria set forth in 10 CFR 2.309. If a hearing is
requested by the licensee or a person whose interest is adversely
affected, the Commission shall issue an Order designating the time and
place of any hearing. If a hearing is held, the issue to be considered
at such hearing shall be whether this Order should be sustained.
In accordance with 10 CFR 51.10(d) this Order is not subject to
Section 102(2) of the National Environmental Policy Act, as amended.
The NRC staff notes, however, that with respect to environmental
impacts associated with the changes imposed by this Order, as described
in the safety evaluation attached, the changes would, if imposed by
other than an Order, meet the definition of a categorical exclusion in
accordance with 10 CR 51.22(c)(9). Thus, pursuant to either 10 CFR
51.10(d) or 51.22(c)(9), no environmental assessment nor environmental
impact statement is required.
For further information see the June 13, 2006, letter from the
licensee (Agencywide Documents Access and Management System (ADAMS)
Accession No. ML061720033), and the NRC staff's safety evaluation
attached to this Order (ADAMS Accession No. ML061810481), available for
public inspection at the Commission's Public Document Room (PDR),
located at One White Flint North, Public File Area O1 F21, 11555
Rockville Pike (first floor), Rockville, Maryland. Publicly available
records will be accessible electronically from the ADAMS Public
Electronic Reading Room on the Internet at the NRC Web site, https://
www.nrc.gov/reading-rm/adams.html. Persons who do not have access to
ADAMS or who have problems in accessing the documents in ADAMS should
contact the NRC PDR reference staff by telephone at 1-800-397-4209 or
301-415-4737 or by e-mail to pdr@nrc.gov.
Dated this 21st day of July 2006.
For the Nuclear Regulatory Commission.
J.E. Dyer,
Director, Office of Nuclear Reactor Regulation.
Attachment
Safety Evaluation by the Office of Nuclear Reactor Regulation
Supporting Order on Possession Limit Changes To Allow Conversion From
High-Enriched to Low-Enriched Uranium Fuel
1.0 Introduction
By letter dated June 13, 2006, the Texas A&M University (the
licensee) indicated that changes to the Nuclear Science Center (NSC)
TRIGA Research Reactor possession limit was needed to allow for the
timely conversion from the use of high-enriched uranium (HEU) fuel to
low-enriched uranium (LEU) fuel in accordance with Sec. 50.64 of Title
10 of the Code of Federal Regulations (10 CFR). This regulation was
promulgated to reduce the risk of theft and diversion of HEU fuel used
in non-power reactors. The U.S. Nuclear Regulatory Commission (NRC)
staff determined as discussed below that the following changes to the
possession limit license conditions were acceptable. The change to the
current License Condition 2.B.(2) removes the authority to receive HEU
fuel and decreases the possession limit of contained Uranium-235 (U-
235) with enrichments up to 70 percent from 17.0 to 12.0 kilograms
(kgs) to allow the continued possession and use of material at the
facility. The changes also involve the addition of License Condition
2.B.(8) to allow receipt and possession, but not use, of up to an
additional 15 kgs of contained U-235 at enrichments equal to or less
than 20 percent (LEU fuel).
2.0 Background
The license currently includes a possession limit of special
nuclear material to allow for operation of the facility. This limit
allows for an amount of special nuclear material so that the facility
can continue to conduct its licensed research reactor activities.
In its June 13, 2006, letter, the licensee indicated that an
increase to the possession limit for special nuclear material is
required to allow for the timely conversion to LEU fuel. The licensee
indicated that it is working with the U.S. Department of Energy (DOE),
DOE contractors, and the NRC to convert the NSC TRIGA Research Reactor
from HEU fuel to LEU fuel in support of non-proliferation policies. The
licensee's letter stated that in order to avoid prolonged reactor
shutdown and accomplish the conversion in support of non-proliferation
goals, a period will exist in which the NSC TRIGA Research Reactor will
need to possess a quantity of U-235 in excess of the current licensed
maximum. As additional evidence, the licensee also provided a DOE
letter dated April 13, 2006. In the April 13, 2006, letter, DOE
indicated that the project schedule for conversion includes shipping a
fresh fuel core to replace the fuel currently in the reactor. Further,
DOE indicated that in order to support the timeliness of this effort as
planned, the license will need an increase in the special nuclear
material possession limit to accommodate the fuel inventory at the
facility during the process.
3.0 Evaluation
The licensee has not requested any changes to the Technical
Specifications (TSs) nor security plan. Thus, the additional material
will be received and possessed under the current terms of the reactor
license. The NRC staff reviewed the license, TSs, and security plan
requirements for the facility and finds that the possession of the
additional
[[Page 42884]]
LEU fuel will not require additional safety or security controls or
conditions beyond those already in place. The NRC staff also finds that
this increase in the fuel possession limit is within the normal
possession limit for research reactors.
The increased possession limit does not allow operation with the
fuel other than that already authorized by the license and TSs. This
change does not authorize conversion to the new LEU fuel planned for
conversion, i.e., 30 weight percent (Wt%) vice the currently authorized
9 Wt%. (The authorization for conversion will be the subject of an
ongoing separate evaluation). Therefore, the radioactive fission
product inventory will not be increased by the increased fuel
possession limit and the routine effluent or potential accident release
levels will not increase beyond those already analyzed and accepted
under the current license and TSs.
Further, in accordance with the existing TSs, reactor fuel will be
stored in a geometrical array where the effective multiplication is
less than 0.8 for all conditions of moderation. Therefore, the
potential for accidental criticality is not increased with the
increased fuel possession limit.
The increase in the special nuclear material possession limit does
not impact the security requirements for the facility. In accordance
with 10 CFR 73.2, the increase possession would be consistent with
special nuclear material of moderate strategic significance (Category
II). The licensee's current security plan meets or exceeds the
requirements for this level of material under 10 CFR 73.67(d).
The license changes are to allow for conversion in a manner that is
timely to support the non-proliferation goals of the nation and allow
continued research and development in accordance with the license and
regulations. They do not change the security plan requirements which
are consistent the provisions of 10 CFR 73.67(d) for special nuclear
material of moderate strategic significance (Category II) in accordance
with 10 CFR 73.2, because the addition of the LEU fuel is within the
possession limit for that category of material.
The inspection program has found that the licensee has routinely
used such material safely and securely.
The licensee submitted a proposed license condition in its June 13,
2006, letter. The NRC staff noted several changes from the proposed
license condition were needed to allow for possession of the current
material and allow for receipt, but not use, of the new LEU fuel.
Specifically, the licensee's authority to receive additional HEU fuel
is removed from License Condition 2.B.(2), and the amount of material
possessed under that license condition was reduced from 17.0 to 12.0
kg. Further, License Condition 2.B.(8) is added to allow for the
receipt and possession, but not use, of the LEU fuel for conversion. A
telephone conversation between the project manager and the Associate
Director of the NSC TRIGA Research Reactor facility on July 6, 2006,
confirmed that these differences were understood and could be
implemented consistent with protecting the public health and safety.
Because the requested increased possession limit may be possessed
safely and securely under the terms of the existing TSs and security
plan, the increase in special nuclear material possession limit as
specified above is acceptable to the NRC staff. Further, the NRC staff
has determined that the public health and safety and the common defense
and security require the licensee to receive and possess the LEU fuel
so that the LEU fuel may be configured into fuel bundles to convert
from HEU fuel in accordance with the schedule planned by the DOE to
support U.S. non-proliferation policies.
3.0 Environmental Consideration
In accordance with 10 CFR 51.10(d), an Order is not subject to
Section 102 of the National Environmental Policy Act. The NRC staff
notes, however, that even if these changes were not being imposed by an
Order, the changes would not require an environmental impact statement
or environmental assessment. The license changes involve use of a
facility component located within the restricted area as defined in 10
CFR part 20 or changes in inspection and surveillance requirements. The
NRC staff has determined that the changes involve no significant
increase in the amounts or types of any effluents that may be released
off site and no significant increase in individual or cumulative
occupational radiation exposure. Therefore, pursuant to 10 CFR
51.22(b), no environmental impact statement or environmental assessment
is required.
4.0 Conclusion
The NRC staff has concluded, on the basis of the considerations
discussed above, that (1) The proposal by the licensee for possession
of LEU fuel is consistent with and in furtherance of the requirements
of 10 CFR 50.64, (2) there is reasonable assurance that the health and
safety of the public will not be endangered by the proposed activities;
and (3) such activities will be conducted in compliance with the
Commission's regulations and will not be inimical to the common defense
and security or the health and safety of the public. Accordingly, it is
concluded that an enforcement order as described above should be issued
pursuant to 10 CFR 50.64(c)(3).
Dated: July 21, 2006.
M. Mendonca.
Principal Contributor:
[FR Doc. E6-12105 Filed 7-27-06; 8:45 am]
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