In the Matter of University of Florida (University of Florida Training Reactor); Order Modifying Amended Facility Operating License No. R-56, 52587-52589 [E6-14825]

Agencies

• NUCLEAR REGULATORY COMMISSION

[Federal Register Volume 71, Number 172 (Wednesday, September 6, 2006)]
[Notices]
[Pages 52587-52589]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-14825]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-83; EA-06-210]


In the Matter of University of Florida (University of Florida 
Training Reactor); Order Modifying Amended Facility Operating License 
No. R-56

I

    The University of Florida (the licensee) is the holder of Amended 
Facility Operating License No. R-56 (the license) issued on May 21, 
1959, by the U.S. Atomic Energy Commission, and subsequently renewed on 
August 30, 1982, by the U.S. Nuclear Regulatory Commission (the NRC or 
the Commission). The license authorizes operation of the University of 
Florida Training Reactor (the facility) at a power

[[Page 52588]]

level up to 100 kilowatts thermal. The facility is a research reactor 
located on the campus of the University of Florida, in the city of 
Gainesville, Alachua County, Florida. The mailing address is Department 
of Nuclear and Radiological Engineering, 202 Nuclear Sciences Center, 
P.O. Box 118300, Gainesville, Florida 32611-8300.

II

    On February 25, 1986, the Commission promulgated a final rule, 
Title 10 of the Code of Federal Regulations (10 CFR) section 50.64, 
limiting the use of high-enriched uranium (HEU) fuel in domestic non-
power reactors (research and test reactors) (see 51 FR 6514). The 
regulation, which became effective on March 27, 1986, requires that if 
Federal Government funding for conversion-related costs is available, 
each licensee of a non-power reactor authorized to use HEU fuel shall 
replace it with low-enriched uranium (LEU) fuel acceptable to the 
Commission unless the Commission has determined that the reactor has a 
unique purpose. 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 in 
non-power reactors.
    Paragraphs 50.64(b)(2)(i) and (ii) require that a licensee of a 
non-power reactor (1) not acquire more HEU fuel if LEU fuel that is 
acceptable to the Commission for that reactor is available when the 
licensee proposes to acquire HEU fuel and (2) replace all HEU fuel in 
its possession with available LEU fuel acceptable to the Commission for 
that reactor in accordance with a schedule determined pursuant to 10 
CFR 50.64(c)(2).
    Paragraph 50.64(c)(2)(i) requires, among other things, that each 
licensee of a non-power reactor authorized to possess and to use HEU 
fuel develop and submit to the Director of the Office of Nuclear 
Reactor Regulation (Director) by March 27, 1987, and at 12-month 
intervals thereafter, a written proposal for meeting the requirements 
of the rule. The licensee shall include in its proposal a certification 
that Federal Government funding for conversion is available through the 
U.S. Department of Energy or other appropriate Federal agency and a 
schedule for conversion, based upon availability of replacement fuel 
acceptable to the Commission for that reactor and upon consideration of 
other factors such as the availability of shipping casks, 
implementation of arrangements for available financial support, and 
reactor usage.
    Paragraph 50.64(c)(2)(iii) requires the licensee to include in the 
proposal, to the extent required to effect conversion, all necessary 
changes to the license, to the facility, and to licensee procedures. 
This paragraph also requires the licensee to submit supporting safety 
analyses in time to meet the conversion schedule.
    Paragraph 50.64(c)(2)(iii) also requires the Director to review the 
licensee proposal, to confirm the status of Federal Government funding, 
and to determine a final schedule, if the licensee has submitted a 
schedule for conversion.
    Section 50.64(c)(3) requires the Director to review the supporting 
safety analyses and to issue an appropriate enforcement order directing 
both the conversion and, to the extent consistent with protection of 
public health and safety, any necessary changes to the license, the 
facility, and licensee procedures. In the Federal Register notice of 
the final rule (51 FR 6514), the Commission explained that in most, if 
not all, cases, the enforcement order would be an order to modify the 
license under 10 CFR 2.204 (now 10 CFR 2.202).
    Section 2.309 states the requirements for a person whose interest 
may be affected by any proceeding to initiate a hearing or to 
participate as a party.

III

    On December 2, 2005, as supplemented on June 19 and 29, July 20 and 
21, and August 4 and 22, 2006, the NRC staff received the licensee's 
conversion proposal, including its proposed modifications and 
supporting safety analyses. HEU fuel elements are to be replaced with 
LEU fuel elements. The fuel elements contain fuel plates, typical of 
the materials test reactor design, with the fuel consisting of uranium 
silicide dispersed in an aluminum matrix. These plates contain 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 public health and safety and common 
defense and security require the licensee to convert the facility from 
the use of HEU to LEU fuel in accordance with the attachments to this 
Order and the schedule included herein. The attachments to this Order 
specify the changes to the License Conditions, Technical Specifications 
and Emergency Plan that are needed to amend the facility license and 
contains an outline of a reactor startup report to be submitted to NRC 
within six months following completion of LEU fuel loading.

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-56 is modified by amending 
the License Conditions, Technical Specifications and Emergency Plan as 
stated in the attachments to this Order. License Condition 2.B.(2), 
allowing possession of LEU fuel, becomes effective 20 days after the 
date of publication of this Order in the Federal Register. All other 
changes become effective on the later date of either (1) the day the 
licensee receives an adequate number and type of LEU fuel elements to 
operate the facility as specified in the licensee proposal, or (2) 20 
days after the date of publication of this Order in the Federal 
Register.

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. Any answer or request for a hearing shall set forth the 
matters of fact and law on which the 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

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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 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 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, the changes would, if imposed by other than 
an Order, meet the definition of a categorical exclusion in accordance 
with 10 CFR 51.22(c)(9) and (10). Thus, pursuant to either 10 CFR 
51.10(d) or 51.22(c)(9) and (10), no environmental assessment nor 
environmental impact statement is required.
    For further information see the application from the licensee dated 
December 2, 2005 (Agencywide Documents Access and Management System 
(ADAMS) Accession No. ML062220375), as supplemented on June 19 (ADAMS 
Accession Nos. ML061720498 and ML062220178) and 29 (ADAMS Accession No. 
ML061840285), July 20 (ADAMS Accession No. ML062050252) and 21 (ADAMS 
Accession No. ML062060139), and August 4 (ADAMS Accession No. 
ML062350107) and 22 (ADAMS Accession No. ML062400265), 2006, the 
staff's requests for additional information dated May 2 (ADAMS 
Accession No. ML061220262 with clarification dated May 18, 2006, ADAMS 
Accession No. ML061420119) and 22, 2006 (ADAMS Accession No. 
ML061380167), and the cover letter to the licensee, attachments to this 
Order and staff's safety evaluation dated September 1, 2006 (ADAMS 
Accession No. ML062440086) 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 1st day of September 2006.

    For the Nuclear Regulatory Commission.
J. E. Dyer,
Director, Office of Nuclear Reactor Regulation.
 [FR Doc. E6-14825 Filed 9-5-06; 8:45 am]
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