In the Matter of: Oregon State University (Oregon State University TRIGA Reactor); Order Modifying Facility Operating License No. R-106, 52426-52429 [E8-20997]
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52426
Federal Register / Vol. 73, No. 175 / Tuesday, September 9, 2008 / Notices
depositing the document with the
provider of the service.
Non-timely requests and/or petitions
and contentions will not be entertained
absent a determination by the
Commission, the presiding officer, or
the Atomic Safety and Licensing Board
that the petition and/or request should
be granted and/or the contentions
should be admitted, based on a
balancing of the factors specified in 10
CFR 2.309(c)(1)(i)–(viii). To be timely,
filings must be submitted no later than
11:59 p.m. Eastern Time on the due
date.
Documents submitted in adjudicatory
proceedings will appear in NRC’s
electronic hearing docket which is
available to the public at https://
ehd.nrc.gov/EHD_Proceeding/home.asp,
unless excluded pursuant to an order of
the Commission, an Atomic Safety and
Licensing Board, or a Presiding Officer.
Participants are requested not to include
personal privacy information, such as
social security numbers, home
addresses, or home phone numbers in
their filings. With respect to copyrighted
works, except for limited excerpts that
serve the purpose of the adjudicatory
filings and would constitute a Fair Use
application, participants are requested
not to include copyrighted materials in
their submission.
jlentini on PROD1PC65 with NOTICES
Exelon Generation Company, LLC,
Docket No. 50–249, Dresden Nuclear
Power Station, Unit 3, Grundy County,
Illinois
Date of amendment request: August
18, 2008.
Description of amendment request:
The amendment revises Technical
Specification 3.4.5, ‘‘RCS Leakage
Detection Instrumentation,’’ to support
implementation of an alternative
method of verifying that unidentified
leakage in the drywell is within limits.
Date of issuance: August 22, 2008.
Effective date: As of the date of
issuance and shall be implemented by
12:00 pm CDT on August 24, 2008.
Amendment No.: 221.
Facility Operating License No. DPR–
25: Amendment revises the technical
specifications and the operating license.
Public comments requested as to
proposed no significant hazards
consideration (NSHC):
No. On August 17, 2008, the staff
issued a Notice of Enforcement
Discretion, which was effective
immediately and remained in effect
until this amendment was issued.
The Commission’s related evaluation
of the amendment, finding of emergency
circumstances, state consultation, and
final NSHC determination are contained
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in a safety evaluation dated August 22,
2008.
Attorney for licensee: Mr. Bradley J.
Fewell, Associate General Counsel,
Exelon Generation.
NRC Branch Chief: Russell Gibbs.
Dated at Rockville, Maryland, this 29th day
of August 2008.
For the Nuclear Regulatory Commission.
Joseph G. Giitter,
Director, Division of Operating Reactor
Licensing, Office of Nuclear Reactor
Regulation.
[FR Doc. E8–20567 Filed 9–8–08; 8:45 am]
All correspondence, documents, and
other materials shall be filed in
accordance with the NRC E-Filing rule,
which the NRC promulgated in August
2007 (72 FR 49,139).
Issued at Rockville, Maryland, this 3rd day
of September 2008.
E. Roy Hawkens,
Chief Administrative Judge, Atomic Safety
and Licensing Board Panel.
[FR Doc. E8–20849 Filed 9–8–08; 8:45 am]
BILLING CODE 7590–01–P
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
NUCLEAR REGULATORY
COMMISSION
[Docket No. 50–243; EA–08–251]
[Docket Nos. 50–282–LR, 50–306–LR;
ASLBP No. 08–871–01–LR–BD01]
Nuclear Management Company, LLC;
Establishment of Atomic Safety and
Licensing Board
In the Matter of: Oregon State
University (Oregon State University
TRIGA Reactor); Order Modifying
Facility Operating License No. R–106
I
Pursuant to delegation by the
Commission dated December 29, 1972,
published in the Federal Register, 37 FR
28,710 (1972), and the Commission’s
regulations, see 10 CFR 104, 2.300,
2.303, 2.309, 2.311, 2.318, and 2.321,
notice is hereby given that an Atomic
Safety and Licensing Board (Board) is
being established to preside over the
following proceeding:
Nuclear Management Company, LLC
(Prairie Island Nuclear Generating
Plant, Units 1 and 2)
This proceeding involves an
application for renewal of the licenses
that authorize Nuclear Management
Company, LLC to operate Prairie Island
Nuclear Generating Plant, Units 1 and 2
for a twenty-year period beyond their
current expiration dates of, respectively,
August 9, 2013 and October 29, 2014. In
response to a June 17, 2008 Notice of
Acceptance for Docketing of the
Application and Notice of Opportunity
for Hearing (73 FR 34,335), a petition to
intervene has been submitted by Philip
R. Mahowald on behalf of the Prairie
Island Indian Community.
The Board is comprised of the
following administrative judges:
William J. Froehlich, Chairman, Atomic
Safety and Licensing Board Panel,
U.S. Nuclear Regulatory Commission,
Washington, DC 20555–0001
Gary S. Arnold, Atomic Safety and
Licensing Board Panel, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001
Thomas J. Hirons, Atomic Safety and
Licensing Board Panel, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001
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Oregon State University (the licensee)
is the holder of Facility Operating
License No. R–106 (the license), issued
by the U.S. Nuclear Regulatory
Commission (NRC). The NRC plans to
renew the license on September 10,
2008. The license authorizes operation
of the Oregon State University TRIGA
Reactor (the facility) at a power level up
to 1,100 kilowatts thermal and in the
pulse mode, with reactivity insertions
not to exceed $2.55, and to receive,
possess, and use special nuclear
material associated with facility
operation. The facility is a research
reactor located on the campus of Oregon
State University, in the city of Corvallis,
Benton County, Oregon. The mailing
address is Radiation Center, Oregon
State University, 100 Radiation Center,
Corvallis, Oregon 97331–5903.
II
Title 10 of the Code of Federal
Regulations (10 CFR) Section 50.64,
limits 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.
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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 (the
Director) by March 27, 1987, and at 12month 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. The proposal should also
provide a schedule for conversion,
based upon the 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, the
facility, and 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 the 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).
Any person, other than the licensee,
whose interest may be affected by this
proceeding and who desires to
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participate as a party must file a written
request for hearing or petition for leave
to intervene meeting the requirements of
10 CFR 2.309, ‘‘Hearing Requests,
Petitions to Intervene, Requirements for
Standing, and Contentions.’’
III
The U.S. Nuclear Regulatory
Commission (NRC) maintains the
Agencywide Documents Access and
Management System (ADAMS), which
provides text and image files of the
NRC’s public documents. On November
6, 2007, the licensee submitted its
conversion proposal (ADAMS
Accession No. ML080420546), which
was supplemented on February 11, and
June 20, 2008 (ADAMS Accession Nos.
ML080730057 and ML082350345),
including its proposed modifications
and supporting safety analyses. HEU
fuel elements are to be replaced with
LEU fuel elements. The reactor core
contains fuel elements of the TRIGA
design, with the fuel consisting of
uranium-zirconium hydride with 30
weight percent uranium. These fuel
elements 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 and technical specifications
that are needed to amend the facility
license and contain an outline of a
reactor startup report to be submitted to
NRC within 6 months following return
of the converted reactor to normal
operation.
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:
Facility Operating License No. R–106
is modified by amending the license
conditions and technical specifications
as stated in the attachments to this
Order (Attachment 1: MODIFICATIONS
TO FACILITY OPERATING LICENSE
No. R–106; Attachment 2: OUTLINE OF
REACTOR STARTUP REPORT). The
Order becomes 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
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52427
proposal dated November 6, 2007
(ADAMS Accession No. ML080420546),
as supplemented on February 11, and
June 20, 2008 (ADAMS Accession Nos.
ML080730057 and ML082350345), or
(2) 20 days after the date of publication
of this Order in the Federal Register.
V
Pursuant to 10 CFR 2.202, any
person(s) whose interest may be affected
by this proceeding, other than the
licensee, and who wishes to participate
as a party in the proceeding must file a
written request within 20 days after the
date of publication of this Order, setting
forth with particularity the manner in
which this Order adversely affects his or
her interest and addressing the criteria
set forth in 10 CFR 2.309. If a hearing
is held, the issue to be considered at
such hearing shall be whether this
Order should be sustained.
A request for a hearing must be filed
in accordance with the NRC E-Filing
rule, which became effective on October
15, 2007. The NRC issued the E-filing
final rule on August 28, 2007 (72 FR
49139), and codified it in pertinent part
at 10 CFR part 2, ‘‘Rules of Practice for
Domestic Licensing Proceedings and
Issuance of Orders,’’ subpart B. The
E-Filing process requires participants to
submit and serve documents over the
Internet or, in some cases, to mail copies
on electronic optical storage media.
Participants may not submit paper
copies of their filings unless they seek
a waiver in accordance with the
procedures described below.
To comply with the procedural
requirements associated with E-Filing,
at least 10 days before the filing
deadline, the requestor must contact the
Office of the Secretary by e-mail at
hearingdocket@nrc.gov, or by calling
(301) 415–1677, to request (1) a digital
identification (ID) certificate, which
allows the participant (or its counsel or
representative) to digitally sign
documents and access the E-Submittal
server for any NRC proceeding in which
it is participating, and/or (2) creation of
an electronic docket for the proceeding
(even in instances when the requestor
(or its counsel or representative) already
holds an NRC-issued digital ID
certificate). Each requestor will need to
download the Workplace Forms
ViewerTM to access the Electronic
Information Exchange (EIE), a
component of the E-Filing system. The
Workplace Forms ViewerTM is free and
is available at https://www.nrc.gov/sitehelp/e-submittals/install-viewer.html.
Information about applying for a digital
ID certificate also is available on the
NRC’s public Web site at https://
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www.nrc.gov/site-help/e-submittals/
apply-certificates.html.
Once a requestor has obtained a
digital ID certificate, had a docket
created, and downloaded the EIE
viewer, he or she can then submit a
request for a hearing through EIE.
Submissions should be in portable
document format (PDF) in accordance
with NRC guidance available on the
NRC public Web site at https://
www.nrc.gov/site-help/esubmittals.html. A filing is considered
complete at the time the filer submits its
document through EIE. To be timely,
electronic filings must be submitted to
the EIE system no later than 11:59 p.m.
eastern time on the due date. Upon
receipt of a transmission, the E-Filing
system time-stamps the document and
sends the submitter an e-mail notice
confirming receipt of the document. The
EIE system also distributes an e-mail
notice that provides access to the
document to the NRC Office of the
General Counsel and any others who
have advised the Office of the Secretary
that they wish to participate in the
proceeding, so that the filer need not
serve the document on those
participants separately. Therefore, any
others who wish to participate in the
proceeding (or their counsel or
representative) must apply for and
receive a digital ID certificate before a
hearing request is filed so that they may
obtain access to the document via the
E-Filing system.
A person filing electronically may
seek assistance through the ‘‘Contact
Us’’ link located on the NRC Web site
at https://www.nrc.gov/site-help/esubmittals.html or by calling the NRC
technical help line, which is available
between 8:30 a.m. and 4:15 p.m., eastern
time, Monday through Friday. The help
line number is (800) 397–4209 or,
locally, (301) 415–4737.
Participants who believe that they
have good cause for not submitting
documents electronically must file a
motion, in accordance with 10 CFR
2.302(g), with their initial paper filing
requesting authorization to continue to
submit documents in paper format.
Such filings must be submitted by (1)
first-class mail addressed to the Office
of the Secretary of the Commission, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001, Attention:
Rulemaking and Adjudications Staff; or
(2) courier, express mail, or expedited
delivery service to the Office of the
Secretary, Sixteenth Floor, One White
Flint North, 11555 Rockville Pike,
Rockville, Maryland 20852, Attention:
Rulemaking and Adjudications Staff.
Participants filing a document in this
manner are responsible for serving the
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document on all other participants.
Filing is considered complete by firstclass mail as of the time of deposit in
the mail, or by courier, express mail, or
expedited delivery service upon
depositing the document with the
provider of the service.
Documents submitted in adjudicatory
proceedings will appear in the NRC’s
electronic hearing docket at https://
ehd.nrc.gov/EHD_Proceeding/home.asp,
unless excluded pursuant to an order of
the Commission, an Atomic Safety and
Licensing Board, or a Presiding Officer.
Participants are requested not to include
personal privacy information, such as
social security numbers, home
addresses, or home phone numbers, in
their filings. With respect to copyrighted
works, except for limited excerpts that
serve the purpose of the adjudicatory
filings and would constitute a fair use
application, participants are requested
not to include copyrighted materials in
their works.
If a hearing is requested and the
request is granted by the Commission,
the NRC will issue an order designating
the time and place of the hearing.
In the absence of any request for
hearing, the provisions as specified in
Section IV shall be final twenty (20)
days after the date of publication of this
Order in the Federal Register.
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). Thus, pursuant
to either 10 CFR 51.10(d) or 51.22(c)(9),
no environmental assessment or
environmental impact statement is
required.
Detailed guidance which the NRC
uses to review applications from
research reactor licensees appears in
NUREG–1537, ‘‘Guidelines for
Preparing and Reviewing Applications
for the Licensing of Non-Power
Reactors,’’ February 1996, which can be
obtained from the Commission’s Public
Document Room (PDR). The public may
also access NUREG–1537 through the
NRC’s Public Electronic Reading Room
on the Internet at https://www.nrc.gov/
reading-rm/adams.html under ADAMS
Accession Nos. ML0412430055 for part
one and ML042430048 for part two.
For further information see the
application from the licensee dated
November 6, 2007 (ADAMS Accession
No. ML080420546), as supplemented on
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February 11, and June 20, 2008
(ADAMS Accession Nos. ML080730057
and ML082350345), the NRC staff’s
requests for additional information
(ADAMS Accession Nos. ML080090308
and ML081050294), and the cover letter
to the licensee and the staff’s safety
evaluation dated September 4, 2008,
(ADAMS Accession No. ML082390775).
On April 4, 2008, the NRC staff issued
an Order to the licensee to allow receipt
and possession of the special nuclear
material needed for the conversion
(ADAMS Accession No. ML080730395).
These documents are 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 Public Electronic
Reading Room at https://www.nrc.gov/
reading-rm/adams.html. Persons who
do not have access to ADAMS or who
have problems accessing the documents
in ADAMS should contact the NRC PDR
reference staff by telephone at (800)
397–4209 or (301) 415–4737 or by
e-mail to pdr@nrc.gov.
Dated this 4th day of September 2008.
For the Nuclear Regulatory Commission
James T. Wiggins,
Deputy Director, Office of Nuclear Reactor
Regulation.
ATTACHMENT 1—Modifications to Facility
Operating License NO. R–106
A. License Conditions Revised by This Order
2.B.(2) Pursuant to the Act and 10 CFR part
70, ‘‘Domestic Licensing of Special Nuclear
Material,’’
a. To receive, possess and use, in
connection with operation of the facility, up
to 16.30 kilograms of contained uranium-235
enriched to less than 20 percent in the form
of TRIGA reactor fuel;
b. To receive, possess and use, in
connection with operation of the facility, up
to 100 grams of contained uranium-235 of
any enrichment in the form of fission
chambers and flux foils;
c. To receive, possess, but not use, up to
656 grams of uranium-235 enriched to less
than 20 percent in the form of the core from
the AGN–201 reactor;
d. To receive, possess, use, but not
separate, in connection with operation of the
facility, such special nuclear material as may
be produced by operation of the facility; and
e. To possess, but not use, up to 12.83
kilograms of contained uranium-235 at equal
to or greater than 20 percent enrichment in
the form of TRIGA fuel until the existing
inventory of this fuel is removed from the
facility.
2.C.(2) Technical Specifications
The Technical Specifications contained in
Appendix A, as revised through Amendment
No. 22, are hereby incorporated in the
license. The licensee shall operate the facility
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NUCLEAR REGULATORY
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ATTACHMENT 2—Outline of Reactor
Startup Report
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in accordance with the Technical
Specifications.
[Docket No. 50–027; EA–08–250]
Within 6 months following the return of
the converted reactor to normal operation,
submit the following information to the NRC.
Information on the HEU core should be
presented to the extent it exists.
1. Critical mass:
Measurement with HEU;
Measurement with LEU;
Comparisons with calculations for LEU
and if available, HEU.
2. Excess (operational) reactivity:
Measurement with HEU;
Measurement with LEU;
Comparisons with calculations for LEU
and if available, HEU.
3. Control rod calibrations:
Measurement of HEU and LEU rod worths
and comparisons with calculations for LEU
and if available, HEU.
4. Reactor power calibration:
Methods and measurements that ensure
operation within the license limit and
comparison between HEU and LEU nuclear
instrumentation set points, detector positions
and detector output.
5. Shutdown margin:
Measurement with HEU;
Measurement with LEU;
Comparisons with calculations for LEU
and if available, HEU.
6. Thermal neutron flux distributions:
Measurements of the core and measured
experimental facilities (to the extent
available) with HEU and LEU and
comparisons with calculations for LEU and if
available, HEU.
7. Reactor physics measurements:
Results of determination of LEU effective
delayed neutron fraction, temperature
coefficient, and void coefficient to the extent
that measurements are possible and
comparison with calculations and available
HEU core measurements.
8. Initial LEU core loading:
Measurements made during initial loading
of the LEU fuel, presenting subcritical
multiplication measurements, predictions of
multiplication for next fuel additions, and
prediction and verification of final criticality
conditions.
9. Primary coolant measurements:
Results of any primary coolant water
sample measurements for fission product
activity taken during the first 30 days of LEU
operation.
10. Results of any test pulses performed
and comparison with calculations and
available HEU core measurements.
11. Discussion of results:
Discussion of the comparison of the
various results including an explanation of
any significant differences that could affect
normal operation and accident analyses.
In the Matter of Washington State
University (Washington State
University TRIGA Reactor); Order
Modifying Facility Operating License
No. R–76
[FR Doc. E8–20997 Filed 9–8–08; 8:45 am]
BILLING CODE 7590–01–P
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I
Washington State University (the
licensee) is the holder of Amended
Facility Operating License No. R–76 (the
license) originally issued on March 6,
1961, by the U.S. Atomic Energy
Commission and subsequently renewed
on August 11, 1982, by the U.S. Nuclear
Regulatory Commission (the NRC or the
Commission). The license authorizes
operation of the Washington State
University TRIGA 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 a research
reactor located on the campus of the
Washington State University, in the city
of Pullman, Whitman County,
Washington. The mailing address is
Nuclear Radiation Center, Washington
State University, P.O. Box 641300,
Pullman, Washington 99164–1300.
II
Title 10 of the Code of Federal
Regulations (10 CFR) Section 50.64,
limits 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).
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52429
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 (the
Director) by March 27, 1987, and at 12month 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. The proposal should also
provide 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, the
facility, and 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 the 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).
Any person, other than the licensee,
whose interest may be affected by this
proceeding and who desires to
participate as a party must file a written
request for hearing or petition for leave
to intervene meeting the requirements of
10 CFR 2.309, ‘‘Hearing Requests,
Petitions to Intervene, Requirements for
Standing, and Contentions.’’
III
The U.S. Nuclear Regulatory
Commission (NRC) maintains the
Agencywide Documents Access and
Management System (ADAMS), which
provides text and image files of the
E:\FR\FM\09SEN1.SGM
09SEN1
Agencies
[Federal Register Volume 73, Number 175 (Tuesday, September 9, 2008)]
[Notices]
[Pages 52426-52429]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-20997]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-243; EA-08-251]
In the Matter of: Oregon State University (Oregon State
University TRIGA Reactor); Order Modifying Facility Operating License
No. R-106
I
Oregon State University (the licensee) is the holder of Facility
Operating License No. R-106 (the license), issued by the U.S. Nuclear
Regulatory Commission (NRC). The NRC plans to renew the license on
September 10, 2008. The license authorizes operation of the Oregon
State University TRIGA Reactor (the facility) at a power level up to
1,100 kilowatts thermal and in the pulse mode, with reactivity
insertions not to exceed $2.55, and to receive, possess, and use
special nuclear material associated with facility operation. The
facility is a research reactor located on the campus of Oregon State
University, in the city of Corvallis, Benton County, Oregon. The
mailing address is Radiation Center, Oregon State University, 100
Radiation Center, Corvallis, Oregon 97331-5903.
II
Title 10 of the Code of Federal Regulations (10 CFR) Section 50.64,
limits 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.
[[Page 52427]]
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 (the 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. The
proposal should also provide a schedule for conversion, based upon the
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, the facility, and 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 the 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).
Any person, other than the licensee, whose interest may be affected
by this proceeding and who desires to participate as a party must file
a written request for hearing or petition for leave to intervene
meeting the requirements of 10 CFR 2.309, ``Hearing Requests, Petitions
to Intervene, Requirements for Standing, and Contentions.''
III
The U.S. Nuclear Regulatory Commission (NRC) maintains the
Agencywide Documents Access and Management System (ADAMS), which
provides text and image files of the NRC's public documents. On
November 6, 2007, the licensee submitted its conversion proposal (ADAMS
Accession No. ML080420546), which was supplemented on February 11, and
June 20, 2008 (ADAMS Accession Nos. ML080730057 and ML082350345),
including its proposed modifications and supporting safety analyses.
HEU fuel elements are to be replaced with LEU fuel elements. The
reactor core contains fuel elements of the TRIGA design, with the fuel
consisting of uranium-zirconium hydride with 30 weight percent uranium.
These fuel elements 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 and technical specifications that are needed to amend the
facility license and contain an outline of a reactor startup report to
be submitted to NRC within 6 months following return of the converted
reactor to normal operation.
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:
Facility Operating License No. R-106 is modified by amending the
license conditions and technical specifications as stated in the
attachments to this Order (Attachment 1: MODIFICATIONS TO FACILITY
OPERATING LICENSE No. R-106; Attachment 2: OUTLINE OF REACTOR STARTUP
REPORT). The Order becomes 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
dated November 6, 2007 (ADAMS Accession No. ML080420546), as
supplemented on February 11, and June 20, 2008 (ADAMS Accession Nos.
ML080730057 and ML082350345), or (2) 20 days after the date of
publication of this Order in the Federal Register.
V
Pursuant to 10 CFR 2.202, any person(s) whose interest may be
affected by this proceeding, other than the licensee, and who wishes to
participate as a party in the proceeding must file a written request
within 20 days after the date of publication of this Order, setting
forth with particularity the manner in which this Order adversely
affects his or her interest and addressing the criteria set forth in 10
CFR 2.309. If a hearing is held, the issue to be considered at such
hearing shall be whether this Order should be sustained.
A request for a hearing must be filed in accordance with the NRC E-
Filing rule, which became effective on October 15, 2007. The NRC issued
the E-filing final rule on August 28, 2007 (72 FR 49139), and codified
it in pertinent part at 10 CFR part 2, ``Rules of Practice for Domestic
Licensing Proceedings and Issuance of Orders,'' subpart B. The E-Filing
process requires participants to submit and serve documents over the
Internet or, in some cases, to mail copies on electronic optical
storage media. Participants may not submit paper copies of their
filings unless they seek a waiver in accordance with the procedures
described below.
To comply with the procedural requirements associated with E-
Filing, at least 10 days before the filing deadline, the requestor must
contact the Office of the Secretary by e-mail at hearingdocket@nrc.gov,
or by calling (301) 415-1677, to request (1) a digital identification
(ID) certificate, which allows the participant (or its counsel or
representative) to digitally sign documents and access the E-Submittal
server for any NRC proceeding in which it is participating, and/or (2)
creation of an electronic docket for the proceeding (even in instances
when the requestor (or its counsel or representative) already holds an
NRC-issued digital ID certificate). Each requestor will need to
download the Workplace Forms Viewer\TM\ to access the Electronic
Information Exchange (EIE), a component of the E-Filing system. The
Workplace Forms Viewer\TM\ is free and is available at https://
www.nrc.gov/site-help/e-submittals/install-viewer.html. Information
about applying for a digital ID certificate also is available on the
NRC's public Web site at https://
[[Page 52428]]
www.nrc.gov/site-help/e-submittals/apply-certificates.html.
Once a requestor has obtained a digital ID certificate, had a
docket created, and downloaded the EIE viewer, he or she can then
submit a request for a hearing through EIE. Submissions should be in
portable document format (PDF) in accordance with NRC guidance
available on the NRC public Web site at https://www.nrc.gov/site-help/e-
submittals.html. A filing is considered complete at the time the filer
submits its document through EIE. To be timely, electronic filings must
be submitted to the EIE system no later than 11:59 p.m. eastern time on
the due date. Upon receipt of a transmission, the E-Filing system time-
stamps the document and sends the submitter an e-mail notice confirming
receipt of the document. The EIE system also distributes an e-mail
notice that provides access to the document to the NRC Office of the
General Counsel and any others who have advised the Office of the
Secretary that they wish to participate in the proceeding, so that the
filer need not serve the document on those participants separately.
Therefore, any others who wish to participate in the proceeding (or
their counsel or representative) must apply for and receive a digital
ID certificate before a hearing request is filed so that they may
obtain access to the document via the E-Filing system.
A person filing electronically may seek assistance through the
``Contact Us'' link located on the NRC Web site at https://www.nrc.gov/
site-help/e-submittals.html or by calling the NRC technical help line,
which is available between 8:30 a.m. and 4:15 p.m., eastern time,
Monday through Friday. The help line number is (800) 397-4209 or,
locally, (301) 415-4737.
Participants who believe that they have good cause for not
submitting documents electronically must file a motion, in accordance
with 10 CFR 2.302(g), with their initial paper filing requesting
authorization to continue to submit documents in paper format. Such
filings must be submitted by (1) first-class mail addressed to the
Office of the Secretary of the Commission, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, Attention: Rulemaking and
Adjudications Staff; or (2) courier, express mail, or expedited
delivery service to the Office of the Secretary, Sixteenth Floor, One
White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852,
Attention: Rulemaking and Adjudications Staff. Participants filing a
document in this manner are responsible for serving the document on all
other participants. Filing is considered complete by first-class mail
as of the time of deposit in the mail, or by courier, express mail, or
expedited delivery service upon depositing the document with the
provider of the service.
Documents submitted in adjudicatory proceedings will appear in the
NRC's electronic hearing docket at https://ehd.nrc.gov/EHD_Proceeding/
home.asp, unless excluded pursuant to an order of the Commission, an
Atomic Safety and Licensing Board, or a Presiding Officer. Participants
are requested not to include personal privacy information, such as
social security numbers, home addresses, or home phone numbers, in
their filings. With respect to copyrighted works, except for limited
excerpts that serve the purpose of the adjudicatory filings and would
constitute a fair use application, participants are requested not to
include copyrighted materials in their works.
If a hearing is requested and the request is granted by the
Commission, the NRC will issue an order designating the time and place
of the hearing.
In the absence of any request for hearing, the provisions as
specified in Section IV shall be final twenty (20) days after the date
of publication of this Order in the Federal Register.
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). Thus, pursuant to either 10 CFR 51.10(d) or
51.22(c)(9), no environmental assessment or environmental impact
statement is required.
Detailed guidance which the NRC uses to review applications from
research reactor licensees appears in NUREG-1537, ``Guidelines for
Preparing and Reviewing Applications for the Licensing of Non-Power
Reactors,'' February 1996, which can be obtained from the Commission's
Public Document Room (PDR). The public may also access NUREG-1537
through the NRC's Public Electronic Reading Room on the Internet at
https://www.nrc.gov/reading-rm/adams.html under ADAMS Accession Nos.
ML0412430055 for part one and ML042430048 for part two.
For further information see the application from the licensee dated
November 6, 2007 (ADAMS Accession No. ML080420546), as supplemented on
February 11, and June 20, 2008 (ADAMS Accession Nos. ML080730057 and
ML082350345), the NRC staff's requests for additional information
(ADAMS Accession Nos. ML080090308 and ML081050294), and the cover
letter to the licensee and the staff's safety evaluation dated
September 4, 2008, (ADAMS Accession No. ML082390775). On April 4, 2008,
the NRC staff issued an Order to the licensee to allow receipt and
possession of the special nuclear material needed for the conversion
(ADAMS Accession No. ML080730395). These documents are 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 Public Electronic
Reading Room at https://www.nrc.gov/reading-rm/adams.html. Persons who
do not have access to ADAMS or who have problems accessing the
documents in ADAMS should contact the NRC PDR reference staff by
telephone at (800) 397-4209 or (301) 415-4737 or by e-mail to
pdr@nrc.gov.
Dated this 4th day of September 2008.
For the Nuclear Regulatory Commission
James T. Wiggins,
Deputy Director, Office of Nuclear Reactor Regulation.
ATTACHMENT 1--Modifications to Facility Operating License NO. R-106
A. License Conditions Revised by This Order
2.B.(2) Pursuant to the Act and 10 CFR part 70, ``Domestic
Licensing of Special Nuclear Material,''
a. To receive, possess and use, in connection with operation of
the facility, up to 16.30 kilograms of contained uranium-235
enriched to less than 20 percent in the form of TRIGA reactor fuel;
b. To receive, possess and use, in connection with operation of
the facility, up to 100 grams of contained uranium-235 of any
enrichment in the form of fission chambers and flux foils;
c. To receive, possess, but not use, up to 656 grams of uranium-
235 enriched to less than 20 percent in the form of the core from
the AGN-201 reactor;
d. To receive, possess, use, but not separate, in connection
with operation of the facility, such special nuclear material as may
be produced by operation of the facility; and
e. To possess, but not use, up to 12.83 kilograms of contained
uranium-235 at equal to or greater than 20 percent enrichment in the
form of TRIGA fuel until the existing inventory of this fuel is
removed from the facility.
2.C.(2) Technical Specifications
The Technical Specifications contained in Appendix A, as revised
through Amendment No. 22, are hereby incorporated in the license.
The licensee shall operate the facility
[[Page 52429]]
in accordance with the Technical Specifications.
ATTACHMENT 2--Outline of Reactor Startup Report
Within 6 months following the return of the converted reactor to
normal operation, submit the following information to the NRC.
Information on the HEU core should be presented to the extent it
exists.
1. Critical mass:
Measurement with HEU;
Measurement with LEU;
Comparisons with calculations for LEU and if available, HEU.
2. Excess (operational) reactivity:
Measurement with HEU;
Measurement with LEU;
Comparisons with calculations for LEU and if available, HEU.
3. Control rod calibrations:
Measurement of HEU and LEU rod worths and comparisons with
calculations for LEU and if available, HEU.
4. Reactor power calibration:
Methods and measurements that ensure operation within the
license limit and comparison between HEU and LEU nuclear
instrumentation set points, detector positions and detector output.
5. Shutdown margin:
Measurement with HEU;
Measurement with LEU;
Comparisons with calculations for LEU and if available, HEU.
6. Thermal neutron flux distributions:
Measurements of the core and measured experimental facilities
(to the extent available) with HEU and LEU and comparisons with
calculations for LEU and if available, HEU.
7. Reactor physics measurements:
Results of determination of LEU effective delayed neutron
fraction, temperature coefficient, and void coefficient to the
extent that measurements are possible and comparison with
calculations and available HEU core measurements.
8. Initial LEU core loading:
Measurements made during initial loading of the LEU fuel,
presenting subcritical multiplication measurements, predictions of
multiplication for next fuel additions, and prediction and
verification of final criticality conditions.
9. Primary coolant measurements:
Results of any primary coolant water sample measurements for
fission product activity taken during the first 30 days of LEU
operation.
10. Results of any test pulses performed and comparison with
calculations and available HEU core measurements.
11. Discussion of results:
Discussion of the comparison of the various results including an
explanation of any significant differences that could affect normal
operation and accident analyses.
[FR Doc. E8-20997 Filed 9-8-08; 8:45 am]
BILLING CODE 7590-01-P